William M. (Mac) Thornberry National 
Defense Authorization Act for Fiscal Year 2021
PL 116-283 (PDF 4MB) (H.R.6395), enacted 01/01/2021

[116th Congress Public Law 283]
[From the U.S. Government Publishing Office]



[[Page 3387]]

                      WILLIAM M. (MAC) THORNBERRY 
                   NATIONAL DEFENSE AUTHORIZATION ACT 
                          FOR FISCAL YEAR 2021

                                     

                                     

                                     

                                     





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Public Law 116-283
116th Congress

                                 An Act


 
To authorize appropriations for fiscal year 2021 for military activities 
of the Department of Defense, for military construction, and for defense 
activities of the Department of Energy, to prescribe military personnel 
strengths for such fiscal year, and for other purposes. <<NOTE: Jan. 1, 
                         2021 -  [H.R. 6395]>> 

    Be it enacted by the Senate and House of Representatives of the 
United States of America in Congress assembled, <<NOTE: William M. (Mac) 
Thornberry National Defense Authorization Act for Fiscal Year 2021.>> 
SECTION 1. SHORT TITLE.

    This Act may be cited as the ``William M. (Mac) Thornberry National 
Defense Authorization Act for Fiscal Year 2021''.
SEC. 2. ORGANIZATION OF ACT INTO DIVISIONS; TABLE OF CONTENTS.

    (a) Divisions.--This Act is organized into eight divisions as 
follows:
            (1) Division A--Department of Defense Authorizations.
            (2) Division B--Military Construction Authorizations.
            (3) Division C--Department of Energy National Security 
        Authorizations and Other Authorizations.
            (4) Division D--Funding Tables.
            (5) Division E--National Artificial Intelligence Initiative 
        Act of 2020
            (6) Division F--Anti-Money Laundering
            (7) Division G--Elijah E. Cummings Coast Guard Authorization 
        Act of 2020
            (8) Division H--Other Matters

    (b) Table of Contents.--The table of contents for this Act is as 
follows:

Sec. 1. Short title.
Sec. 2. Organization of Act into divisions; table of contents.
Sec. 3. Congressional defense committees.
Sec. 4. Budgetary effects of this Act.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

Sec. 101. Authorization of appropriations.

                        Subtitle B--Army Programs

Sec. 111. Modifications to requirement for an interim cruise missile 
           defense capability.
Sec. 112. Report and limitations on acquisition of Integrated Visual 
           Augmentation System.
Sec. 113. Assessment of investment and sustainment for procurement of 
           cannon tubes.

                        Subtitle C--Navy Programs

Sec. 121. Limitation on alteration of the Navy fleet mix.

[[Page 134 STAT. 3389]]

Sec. 122. Limitations on Navy medium and large unmanned surface vessels.
Sec. 123. Fighter force structure acquisition strategy.
Sec. 124. Procurement authorities for certain amphibious shipbuilding 
           programs.
Sec. 125. Land-based test program for the FFG(X) Frigate program.
Sec. 126. Treatment in future budgets of the President of systems added 
           by Congress.
Sec. 127. Extension of prohibition on availability of funds for Navy 
           waterborne security barriers.
Sec. 128. Report on strategy to use ALQ-249 Next Generation Jammer to 
           ensure full spectrum electromagnetic superiority.

                     Subtitle D--Air Force Programs

Sec. 131. Minimum operational squadron level.
Sec. 132. Modification of force structure objectives for bomber 
           aircraft.
Sec. 133. Minimum bomber aircraft force level.
Sec. 134. Required minimum inventory of tactical airlift aircraft.
Sec. 135. Inventory requirements for air refueling tanker aircraft.
Sec. 136. Authority to use F-35A fighter aircraft AT-1 through AT-6.
Sec. 137. F-35 aircraft gun system ammunition.
Sec. 138. Extension of limitation on availability of funds for 
           retirement of RC-135 aircraft.
Sec. 139. Modification to limitation on retirement of U-2 and RQ-4 
           aircraft.
Sec. 140. Modification of limitation on availability of funds for 
           retirement of E-8 JSTARS aircraft.
Sec. 141. Limitation on divestment of F-15C aircraft within the European 
           theater.
Sec. 142. Modernization plan for airborne intelligence, surveillance, 
           and reconnaissance.
Sec. 143. RC-26B manned intelligence, surveillance, and reconnaissance 
           aircraft.
Sec. 144. Prohibition on funding for Close Air Support Integration 
           Group.
Sec. 145. Required solution for KC-46 aircraft remote visual system 
           limitations.
Sec. 146. Analysis of moving target indicator requirements and Advanced 
           Battle Management System capabilities.
Sec. 147. Study on measures to assess cost-per-effect for key mission 
           areas.

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

Sec. 151. Budgeting for life-cycle costs of aircraft for the Army, Navy, 
           and Air Force.
Sec. 152. Transfer of responsibilities and functions relating to 
           electromagnetic spectrum operations.
Sec. 153. Cryptographic modernization schedules.
Sec. 154. Department of Defense participation in the Special Federal 
           Aviation Regulation Working Group.
Sec. 155. Integrated air and missile defense assessment.
Sec. 156. Joint strategy for air base defense against missile threats.
Sec. 157. Joint All Domain Command and Control requirements.
Sec. 158. Expansion of economic order quantity contracting authority for 
           F-35 aircraft program.
Sec. 159. Documentation relating to the F-35 aircraft program.
Sec. 160. F-35 aircraft munitions.
Sec. 161. Redesign strategy for the Autonomic Logistics Information 
           System for the F-35 fighter aircraft.
Sec. 162. Briefings on software regression testing for F-35 aircraft.
Sec. 163. Prohibition on use of funds for the Armed Overwatch Program.
Sec. 164. Acceleration of development and fielding of counter unmanned 
           aircraft systems across the joint force.
Sec. 165. Airborne intelligence, surveillance, and reconnaissance 
           acquisition roadmap for the United States Special Operations 
           Command.
Sec. 166. Prohibition on divestiture of manned intelligence, 
           surveillance, and reconnaissance aircraft operated by United 
           States Special Operations Command.
Sec. 167. Notification on efforts to replace inoperable ejection seat 
           aircraft locator beacons.

          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.

[[Page 134 STAT. 3390]]

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 
           Research and Development program.
Sec. 215. Establishment of Directed Energy Working Group.
Sec. 216. Extension of pilot program for the enhancement of the 
           research, development, 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 activities.
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 development 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 National 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 
           Department 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 mathematics (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 applicants 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.

[[Page 134 STAT. 3391]]

Sec. 272. Modification to Test Resource Management Center strategic plan 
           reporting cycle and contents.
Sec. 273. Modification of requirements relating to energetics plan to 
           include assessment 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 activities 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 efforts and capabilities and comparison with 
           adversaries.
Sec. 279. Annual reports regarding the SBIR program of the Department of 
           Defense.
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.

                  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 tactical fighter aircraft operate.
Sec. 314. Modification of authority for environmental restoration 
           projects of National 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 Defense.
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 improvement.
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 conservation 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.
Sec. 332. Interagency body on research related to per- and 
           polyfluoroalkyl substances.
Sec. 333. Restriction on Department of Defense procurement of certain 
           items containing perfluorooctane sulfonate or 
           perfluorooctanoic acid.
Sec. 334. Research and development of alternative to aqueous film-
           forming foam.

[[Page 134 STAT. 3392]]

Sec. 335. Notification to agricultural operations located in areas 
           exposed to Department 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 implications of per- and polyfluoroalkyl substances 
           contamination in drinking water.
Sec. 338. Guaranteeing Equipment Safety for Firefighters Act of 2020.
Sec. 339. Assessment of Department of Defense excess property programs 
           with respect 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 participating 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 Logistics Agency three years prior to implementing 
           changes to any uniform 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 
           munitions 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 
           installations.
Sec. 366. Inapplicability of congressional notification and dollar 
           limitation requirements 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 
           emergency 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 provided 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.

               TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revisions to permanent active duty end strength minimum 
           levels.
Sec. 403. Modification of the authorized number and accounting method 
           for senior enlisted personnel.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
           Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active 
           duty for operational support.
Sec. 415. Separate authorization by Congress of minimum end strengths 
           for non-temporary military technicians (dual status) and end 
           strengths for temporary military technicians (dual status).

               Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

[[Page 134 STAT. 3393]]

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Authorized strengths of general and flag officers on active 
           duty.
Sec. 502. Temporary expansion of availability of enhanced constructive 
           service credit in a particular career field upon original 
           appointment as a commissioned officer.
Sec. 503. Diversity in selection boards.
Sec. 504. Requirement for promotion selection board recommendation of 
           higher placement on promotion list of officers of particular 
           merit.
Sec. 505. Special selection review boards for review of promotion of 
           officers subject to adverse information identified after 
           recommendation for promotion and related matters.
Sec. 506. Number of opportunities for consideration for promotion under 
           alternative promotion authority.
Sec. 507. Mandatory retirement for age.
Sec. 508. Clarifying and improving restatement of rules on the retired 
           grade of commissioned officers.
Sec. 509. Repeal of authority for original appointment of regular Navy 
           officers designated for engineering duty, aeronautical 
           engineering duty, and special duty.
Sec. 509A. Permanent programs on direct commissions to cyber positions.
Sec. 509B. Review of Seaman to Admiral-21 program.

                Subtitle B--Reserve Component Management

Sec. 511. Temporary authority to order retired members to active duty in 
           high-demand, low-density assignments during war or national 
           emergency.
Sec. 512. Expansion of Junior Reserve Officers' Training Corps Program.
Sec. 513. Grants to support STEM education in the Junior Reserve 
           Officers' Training Corps.
Sec. 514. Permanent suicide prevention and resilience program for the 
           reserve components.
Sec. 515. Modification of education loan repayment program for members 
           of Selected Reserve.
Sec. 516. Inclusion of drill or training foregone due to emergency 
           travel or duty restrictions in computations of entitlement to 
           and amounts of retired pay for non-regular service.
Sec. 517. Quarantine lodging for members of the reserve components who 
           perform certain service in response to the COVID-19 
           emergency.
Sec. 518. Direct employment pilot program for certain members of the 
           reserve components.
Sec. 519. Pilot programs authorized in connection with SROTC units and 
           CSPI programs at Historically Black Colleges and Universities 
           and minority institutions.
Sec. 519A. Report regarding full-time National Guard duty in response to 
           the COVID-19 pandemic.
Sec. 519B. Study and report on National Guard support to States 
           responding to major disasters.
Sec. 519C. Report on guidance for use of unmanned aircraft systems by 
           the National Guard.
Sec. 519D. Study and report on ROTC recruitment.

   Subtitle C--General Service Authorities and Correction of Military 
                                 Records

Sec. 521. Increased access to potential recruits.
Sec. 522. Sunset and transfer of functions of the Physical Disability 
           Board of Review.
Sec. 523. Honorary promotion matters.
Sec. 524. Exclusion of official photographs of members from records 
           furnished to promotion selection boards.
Sec. 525. Report regarding reviews of discharges and dismissals based on 
           sexual orientation.

 Subtitle D--Prevention and Response To Sexual Assault, Harassment, and 
                           Related Misconduct

Sec. 531. Modification of time required for expedited decisions in 
           connection with applications for change of station or unit 
           transfer of members who are victims of sexual assault or 
           related offenses.
Sec. 532. Confidential reporting of sexual harassment.
Sec. 533. Additional bases for provision of advice by the Defense 
           Advisory Committee for the Prevention of Sexual Misconduct.

[[Page 134 STAT. 3394]]

Sec. 534. Additional matters for 2021 report of the Defense Advisory 
           Committee for the Prevention of Sexual Misconduct.
Sec. 535. Inclusion of advisory duties on the Coast Guard Academy among 
           duties of Defense Advisory Committee for the Prevention of 
           Sexual Misconduct.
Sec. 536. Modification of reporting and data collection on victims of 
           sexual offenses.
Sec. 537. Modification of annual report regarding sexual assaults 
           involving members of the Armed Forces.
Sec. 538. Coordination of support for survivors of sexual trauma.
Sec. 539. Policy for military service academies on separation of alleged 
           victims and alleged perpetrators in incidents of sexual 
           assault.
Sec. 539A. Safe-to-report policy applicable across the Armed Forces.
Sec. 539B. Accountability of leadership of the Department of Defense for 
           discharging the sexual harassment policies and programs of 
           the Department.
Sec. 539C. Reports on status of investigations of alleged sex-related 
           offenses.
Sec. 539D. Report on ability of Sexual Assault Response Coordinators and 
           Sexual Assault Prevention and Response Victim Advocates to 
           perform duties.
Sec. 539E. Briefing on Special Victims' Counsel program.
Sec. 539F. Briefing on placement of members of the Armed Forces in 
           academic status who are victims of sexual assault onto Non-
           Rated Periods.

          Subtitle E--Military Justice and Other Legal Matters

Sec. 541. Right to notice of victims of offenses under the Uniform Code 
           of Military Justice regarding certain post-trial motions, 
           filings, and hearings.
Sec. 542. Qualifications of judges and standard of review for Courts of 
           Criminal Appeals.
Sec. 543. Preservation of court-martial records.
Sec. 544. Availability of records for National Instant Criminal 
           Background Check System.
Sec. 545. Removal of personally identifying and other information of 
           certain persons from investigative reports, the Department of 
           Defense Central Index of Investigations, and other records 
           and databases.
Sec. 546. Briefing on mental health support for vicarious trauma for 
           certain personnel in the military justice system.
Sec. 547. Comptroller General of the United States report on 
           implementation by the Armed Forces of recent GAO 
           recommendations and statutory requirements on assessment of 
           racial, ethnic, and gender disparities in the military 
           justice system.
Sec. 548. Legal assistance for veterans and surviving spouses and 
           dependents.
Sec. 549. Clarification of termination of leases of premises and motor 
           vehicles of servicemembers who incur catastrophic injury or 
           illness or die while in military service.
Sec. 549A. Multidisciplinary board to evaluate suicide events.
Sec. 549B. Improvements to Department of Defense tracking of and 
           response to incidents of child abuse, adult crimes against 
           children, and serious harmful behavior between children and 
           youth involving military dependents on military 
           installations.
Sec. 549C. Independent analysis and recommendations on domestic violence 
           in the Armed Forces.

                   Subtitle F--Diversity and Inclusion

Sec. 551. Diversity and inclusion reporting requirements and related 
           matters.
Sec. 552. National emergency exception for timing requirements with 
           respect to certain surveys of members of the Armed Forces.
Sec. 553. Questions regarding racism, anti-Semitism, and supremacism in 
           workplace surveys administered by the Secretary of Defense.
Sec. 554. Inspector General oversight of diversity and inclusion in 
           Department of Defense; supremacist, extremist, or criminal 
           gang activity in the Armed Forces.
Sec. 555. Policy to improve responses to pregnancy and childbirth by 
           certain members of the Armed Forces.
Sec. 556. Training on certain Department of Defense instructions for 
           members of the Armed Forces.
Sec. 557. Evaluation of barriers to minority participation in certain 
           units of the Armed Forces.
Sec. 558. Comptroller General of the United States report on equal 
           opportunity at the military service academies.

                   Subtitle G--Decorations and Awards

Sec. 561. Extension of time to review World War I Valor Medals.
Sec. 562. Authorizations for certain awards.

[[Page 134 STAT. 3395]]

Sec. 563. Feasibility study on establishment of service medal for 
           radiation-exposed veterans.
Sec. 564. Expressing support for the designation of Silver Star Service 
           Banner Day.

   Subtitle H--Member Education, Training, Transition, and Resilience

Sec. 571. Mentorship and career counseling program for officers to 
           improve diversity in military leadership.
Sec. 572. Expansion of Skillbridge program to include the Coast Guard.
Sec. 573. Increase in number of permanent professors at the United 
           States Air Force Academy.
Sec. 574. Additional elements with 2021 and 2022 certifications on the 
           Ready, Relevant Learning initiative of the Navy.
Sec. 575. Information on nominations and applications for military 
           service academies.
Sec. 576. Report on potential improvements to certain military 
           educational institutions of the Department of Defense.
Sec. 577. College of International Security Affairs of the National 
           Defense University.
Sec. 578. Improvements to the Credentialing Opportunities On-Line 
           programs of the Armed Forces.
Sec. 579. GAO study regarding transferability of military certifications 
           to civilian occupational licenses and certifications.
Sec. 579A. Report regarding county, Tribal, and local veterans service 
           officers.

     Subtitle I--Military Family Readiness and Dependents' Education

Sec. 581. Family readiness: definitions; communication strategy; review; 
           report.
Sec. 582. Improvements to Exceptional Family Member Program.
Sec. 583. Support services for members of special operations forces and 
           immediate family members.
Sec. 584. Responsibility for allocation of certain funds for military 
           child development programs.
Sec. 585. Military child care and child development center matters.
Sec. 586. Expansion of financial assistance under My Career Advancement 
           Account program.
Sec. 587. Improvements to partner criteria of the Military Spouse 
           Employment Partnership Program.
Sec. 588. 24-hour child care.
Sec. 589. Pilot program to provide financial assistance to members of 
           the Armed Forces for in-home child care.
Sec. 589A. Certain assistance to local educational agencies that benefit 
           dependents of military and civilian personnel.
Sec. 589B. Staffing of Department of Defense Education Activity schools 
           to maintain maximum student-to-teacher ratios.
Sec. 589C. Pilot program to expand eligibility for enrollment at 
           domestic dependent elementary and secondary schools.
Sec. 589D. Pilot program on expanded eligibility for Department of 
           Defense Education Activity Virtual High School program.
Sec. 589E. Training program regarding foreign malign influence 
           campaigns.
Sec. 589F. Study on cyberexploitation and online deception of members of 
           the Armed Forces and their families.
Sec. 589G. Matters relating to education for military dependent students 
           with special needs.
Sec. 589H. Studies and reports on the performance of the Department of 
           Defense Education Activity.

                  Subtitle J--Other Matters and Reports

Sec. 591. Expansion of Department of Defense STARBASE Program.
Sec. 592. Inclusion of certain outlying areas in the Department of 
           Defense STARBASE Program.
Sec. 593. Postponement of conditional designation of Explosive Ordnance 
           Disposal Corps as a basic branch of the Army.
Sec. 594. Armed Services Vocational Aptitude Battery Test special 
           purpose adjunct to address computational thinking.
Sec. 595. Extension of reporting deadline for the annual report on the 
           assessment of the effectiveness of activities of the Federal 
           Voting Assistance Program.
Sec. 596. Plan on performance of funeral honors details by members of 
           other Armed Forces when members of the Armed Force of the 
           deceased are unavailable.
Sec. 597. Study on financial impacts of the Coronavirus Disease 2019 on 
           members of the Armed Forces and best practices to prevent 
           future financial hardships.

[[Page 134 STAT. 3396]]

Sec. 598. Limitation on implementation of Army Combat Fitness Test.
Sec. 599. Semiannual reports on implementation of recommendations of the 
           Comprehensive Review of Special Operations Forces Culture and 
           Ethics.
Sec. 599A. Report on impact of children of certain Filipino World War II 
           veterans on national security, foreign policy, and economic 
           and humanitarian interests of the United States.

                     TITLE VI--MILITARY COMPENSATION

                     Subtitle A--Pay and Allowances

Sec. 601. Increase in basic pay.
Sec. 602. Compensation and credit for retired pay purposes for maternity 
           leave taken by members of the reserve components.
Sec. 603. Provision of information regarding SCRA to members who receive 
           basic allowance for housing.
Sec. 604. Reorganization of certain allowances other than travel and 
           transportation allowances.
Sec. 605. Expansion of travel and transportation allowances to include 
           fares and tolls.
Sec. 606. One-time uniform allowance for officers who transfer to the 
           Space Force.

             Subtitle B--Bonuses and Special Incentive Pays

Sec. 611. One-year extension of certain expiring bonus and special pay 
           authorities.
Sec. 612. Increase in special and incentive pays for officers in health 
           professions.
Sec. 613. Increase in certain hazardous duty incentive pay for members 
           of the uniformed services.
Sec. 614. Payment of hazardous duty incentive pay for members of the 
           uniformed services.
Sec. 615. Clarification of 30 days of continuous duty on board a ship 
           required for family separation allowance for members of the 
           uniformed services.

    Subtitle C--Disability Pay, Retired Pay, and Family and Survivor 
                                Benefits

Sec. 621. Modernization and clarification of payment of certain Reserves 
           while on duty.
Sec. 622. Restatement and clarification of authority to reimburse 
           members for spouse relicensing costs pursuant to a permanent 
           change of station.
Sec. 623. Expansion of death gratuity for ROTC graduates.
Sec. 624. Expansion of assistance for Gold Star spouses and other 
           dependents.
Sec. 625. Gold Star Families Parks Pass.
Sec. 626. Recalculation of financial assistance for providers of child 
           care services and youth program services for dependents.
Sec. 627. Priority for certain military family housing to a member of 
           the Armed Forces whose spouse agrees to provide family home 
           day care services.
Sec. 628. Study on feasibility and advisability of TSP contributions by 
           military spouses.
Sec. 629. Report on implications of expansion of authority to provide 
           financial assistance to civilian providers of child care 
           services or youth program services for survivors of members 
           of the Armed Forces who die in the line of duty.
Sec. 629A. Report on extension of commissary and exchange benefits for 
           surviving remarried spouses with dependent children of 
           members of the Armed Forces who die while on active duty or 
           certain reserve duty.

                   Subtitle D--Defense Resale Matters

Sec. 631. Base responders essential needs and dining access.
Sec. 632. First responder access to mobile exchanges.
Sec. 633. Updated business case analysis for consolidation of the 
           defense resale system.

             Subtitle E--Other Personnel Rights and Benefits

Sec. 641. Approval of certain activities by retired and reserve members 
           of the uniformed services.
Sec. 642. Permanent authority for and enhancement of the Government 
           lodging program.
Sec. 643. Operation of Stars and Stripes.

                    TITLE VII--HEALTH CARE PROVISIONS

           Subtitle A--TRICARE and Other Health Care Benefits

Sec. 701. Improvement to breast cancer screening.
Sec. 702. Waiver of fees charged to certain civilians for emergency 
           medical treatment provided at military medical treatment 
           facilities.

[[Page 134 STAT. 3397]]

Sec. 703. Authority for Secretary of Defense to manage provider type 
           referral and supervision requirements under TRICARE program.
Sec. 704. Expansion of benefits available under TRICARE Extended Care 
           Health Option program.
Sec. 705. Sale of hearing aids for dependents of certain members of the 
           reserve components.
Sec. 706. Pilot program on receipt of non-generic prescription 
           maintenance medications under TRICARE pharmacy benefits 
           program.

                 Subtitle B--Health Care Administration

Sec. 711. Repeal of administration of TRICARE dental plans through 
           Federal Employees Dental and Vision Insurance Program.
Sec. 712. Protection of the Armed Forces from infectious diseases.
Sec. 713. Inclusion of drugs, biological products, and critical medical 
           supplies in national security strategy for national 
           technology and industrial base.
Sec. 714. Contract authority of the Uniformed Services University of the 
           Health Sciences.
Sec. 715. Membership of Board of Regents of Uniformed Services 
           University of the Health Sciences.
Sec. 716. Temporary exemption for Uniformed Services University of the 
           Health Sciences from certain Paperwork Reduction Act 
           requirements.
Sec. 717. Modification to limitation on the realignment or reduction of 
           military medical manning end strength.
Sec. 718. Modifications to implementation plan for restructure or 
           realignment of military medical treatment facilities.
Sec. 719. Policy to address prescription opioid safety.
Sec. 720. Addition of burn pit registration and other information to 
           electronic health records of members of the Armed Forces.
Sec. 721. Inclusion of information on exposure to open burn pits in 
           postdeployment health reassessments.

                Subtitle C--Matters Relating to COVID-19

Sec. 731. COVID-19 military health system review panel.
Sec. 732. Department of Defense pandemic preparedness.
Sec. 733. Transitional health benefits for certain members of the 
           National Guard serving under orders in response to the 
           coronavirus (COVID-19).
Sec. 734. Registry of certain TRICARE beneficiaries diagnosed with 
           COVID-19.
Sec. 735. Health assessments of veterans diagnosed with pandemic 
           diseases to determine exposure to open burn pits and toxic 
           airborne chemicals.
Sec. 736. Comptroller General study on delivery of mental health 
           services to members of the Armed Forces during the COVID-19 
           pandemic.

                  Subtitle D--Reports and Other Matters

Sec. 741. Modifications to pilot program on civilian and military 
           partnerships to enhance interoperability and medical surge 
           capability and capacity of National Disaster Medical System.
Sec. 742. Reports on suicide among members of the Armed Forces and 
           suicide prevention programs and activities of the Department 
           of Defense.
Sec. 743. Extension of authority for Joint Department of Defense-
           Department of Veterans Affairs Medical Facility Demonstration 
           Fund.
Sec. 744. Military Health System Clinical Quality Management Program.
Sec. 745. Wounded Warrior Service Dog Program.
Sec. 746. Extramedical maternal health providers demonstration project.
Sec. 747. Briefing on diet and nutrition of members of the Armed Forces.
Sec. 748. Audit of medical conditions of residents in privatized 
           military housing.
Sec. 749. Assessment of receipt by civilians of emergency medical 
           treatment at military medical treatment facilities.
Sec. 750. Study on the incidence of cancer diagnosis and mortality among 
           military aviators and aviation support personnel.
Sec. 751. Study on exposure to toxic substances at Karshi-Khanabad Air 
           Base, Uzbekistan.
Sec. 752. Review and report on prevention of suicide among members of 
           the Armed Forces stationed at remote installations outside 
           the contiguous United States.
Sec. 753. Study on medevac helicopters and ambulances at certain 
           military installations.
Sec. 754. Comptroller General study on prenatal and postpartum mental 
           health conditions among members of the Armed Forces and their 
           dependents.
Sec. 755. Report on lapses in TRICARE coverage for members of the 
           National Guard and reserve components.
Sec. 756. Study and report on increasing telehealth services across 
           Armed Forces.

[[Page 134 STAT. 3398]]

Sec. 757. Study on force mix options and service models to enhance 
           readiness of medical force of the Armed Forces.
Sec. 758. Report on billing practices for health care from Department of 
           Defense.

 Subtitle E--Mental Health Services From Department of Veterans Affairs 
                    for Members of Reserve Components

Sec. 761. Short title.
Sec. 762. Expansion of eligibility for readjustment counseling and 
           related outpatient services from Department of Veterans 
           Affairs to include members of reserve components of the Armed 
           Forces.
Sec. 763. Provision of mental health services from Department of 
           Veterans Affairs to members of reserve components of the 
           Armed Forces.
Sec. 764. Inclusion of members of reserve components in mental health 
           programs of Department of Veterans Affairs.
Sec. 765. Report on mental health and related services provided by 
           Department of Veterans Affairs to members of the Armed 
           Forces.

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                 MATTERS

              Subtitle A--Acquisition Policy and Management

Sec. 801. Report on acquisition risk assessment and mitigation as part 
           of Adaptive Acquisition Framework implementation.
Sec. 802. Improving planning, execution, and oversight of life cycle 
           sustainment activities.
Sec. 803. Disclosures for offerors for certain shipbuilding major 
           defense acquisition program contracts.
Sec. 804. Implementation of modular open systems approaches.
Sec. 805. Congressional notification of termination of a middle tier 
           acquisition program.
Sec. 806. Definition of material weakness for contractor business 
           systems.
Sec. 807. Space system acquisition and the adaptive acquisition 
           framework.
Sec. 808. Acquisition authority of the Director of the Joint Artificial 
           Intelligence Center.
Sec. 809. Assessments of the process for developing capability 
           requirements for Department of Defense acquisition programs.

 Subtitle B--Amendments to General Contracting Authorities, Procedures, 
                             and Limitations

Sec. 811. Sustainment reform for the Department of Defense.
Sec. 812. Inclusion of software in Government performance of acquisition 
           functions.
Sec. 813. Modifications to Comptroller General assessment of acquisition 
           programs and related initiatives.
Sec. 814. Cost or pricing data reporting requirements for Department of 
           Defense contracts.
Sec. 815. Prompt payment of contractors.
Sec. 816. Documentation pertaining to commercial item determinations.
Sec. 817. Modification to small purchase threshold exception to sourcing 
           requirements for certain articles.
Sec. 818. Repeal of program for qualified apprentices for military 
           construction contracts.
Sec. 819. Modifications to mitigating risks related to foreign 
           ownership, control, or influence of Department of Defense 
           contractors and subcontractors.
Sec. 820. Contract closeout authority for services contracts.
Sec. 821. Revision of proof required when using an evaluation factor for 
           employing or subcontracting with members of the Selected 
           Reserve.

       Subtitle C--Provisions Relating to Software and Technology

Sec. 831. Contract authority for development and demonstration of 
           initial or additional prototype units.
Sec. 832. Extension of pilot program for streamlined awards for 
           innovative technology programs.
Sec. 833. Listing of other transaction authority consortia.
Sec. 834. Pilot program on the use of consumption-based solutions to 
           address software-intensive warfighting capability.
Sec. 835. Balancing security and innovation in software development and 
           acquisition.
Sec. 836. Digital modernization of analytical and decision-support 
           processes for managing and overseeing Department of Defense 
           acquisition programs.
Sec. 837. Safeguarding defense-sensitive United States intellectual 
           property, technology, and other data and information.

[[Page 134 STAT. 3399]]

Sec. 838. Comptroller General report on implementation of software 
           acquisition reforms.
Sec. 839. Comptroller General report on intellectual property 
           acquisition and licensing.

                   Subtitle D--Industrial Base Matters

Sec. 841. Additional requirements pertaining to printed circuit boards.
Sec. 842. Report on nonavailability determinations and quarterly 
           national technology and industrial base briefings.
Sec. 843. Modification of framework for modernizing acquisition 
           processes to ensure integrity of industrial base and 
           inclusion of optical transmission components.
Sec. 844. Expansion on the prohibition on acquiring certain metal 
           products.
Sec. 845. Miscellaneous limitations on the procurement of goods other 
           than United States goods.
Sec. 846. Improving implementation of policy pertaining to the national 
           technology and industrial base.
Sec. 847. Report and limitation on the availability of funds relating to 
           eliminating the gaps and vulnerabilities in the national 
           technology and industrial base.
Sec. 848. Supply of strategic and critical materials for the Department 
           of Defense.
Sec. 849. Analyses of certain activities for action to address sourcing 
           and industrial capacity.
Sec. 850. Implementation of recommendations for assessing and 
           strengthening the manufacturing and defense industrial base 
           and supply chain resiliency.
Sec. 851. Report on strategic and critical materials.
Sec. 852. Report on aluminum refining, processing, and manufacturing.

                   Subtitle E--Small Business Matters

Sec. 861. Initiatives to support small businesses in the national 
           technology and industrial base.
Sec. 862. Transfer of verification of small business concerns owned and 
           controlled by veterans or service-disabled veterans to the 
           Small Business Administration.
Sec. 863. Employment size standard requirements for small business 
           concerns.
Sec. 864. Maximum award price for sole source manufacturing contracts.
Sec. 865. Reporting requirement on expenditure amounts for the Small 
           Business Innovation Research Program and the Small Business 
           Technology Transfer Program.
Sec. 866. Small businesses in territories of the United States.
Sec. 867. Eligibility of the Commonwealth of the Northern Mariana 
           Islands for certain Small Business Administration programs.
Sec. 868. Past performance ratings of certain small business concerns.
Sec. 869. Extension of participation in 8(a) program.
Sec. 870. Compliance of Offices of Small Business and Disadvantaged 
           Business Utilization.
Sec. 871. Category management training.

                        Subtitle F--Other Matters

Sec. 881. Review of and report on overdue acquisition and cross-
           servicing agreement transactions.
Sec. 882. Domestic comparative testing activities.
Sec. 883. Prohibition on awarding of contracts to contractors that 
           require nondisclosure agreements relating to waste, fraud, or 
           abuse.
Sec. 884. Program management improvement officers and program management 
           policy council.
Sec. 885. Disclosure of beneficial owners in database for Federal agency 
           contract and grant officers.
Sec. 886. Repeal of pilot program on payment of costs for denied 
           Government Accountability Office bid protests.
Sec. 887. Amendments to submissions to Congress relating to certain 
           foreign military sales.
Sec. 888. Revision to requirement to use firm fixed-price contracts for 
           foreign military sales.
Sec. 889. Assessment and enhancement of national security innovation 
           base.
Sec. 890. Identification of certain contracts relating to construction 
           or maintenance of a border wall.
Sec. 891. Waivers of certain conditions for progress payments under 
           certain contracts during the COVID-19 national emergency.

[[Page 134 STAT. 3400]]

       TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

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

Sec. 901. Repeal of position of Chief Management Officer of the 
           Department of Defense.
Sec. 902. Assistant Secretary of Defense for Special Operations and Low 
           Intensity Conflict and related matters.
Sec. 903. Assistant Secretary of Defense for Industrial Base Policy.
Sec. 904. Assistant Secretary of Defense for Energy, Installations, and 
           Environment.
Sec. 905. Office of Local Defense Community Cooperation.
Sec. 906. Input from the Vice Chief of the National Guard Bureau to the 
           Joint Requirements Oversight Council.
Sec. 907. Assignment of responsibility for the Arctic region within the 
           Office of the Secretary of Defense.
Sec. 908. Modernization of process used by the Department of Defense to 
           identify, task, and manage Congressional reporting 
           requirements.

  Subtitle B--Other Department of Defense Organization and Management 
                                 Matters

Sec. 911. Reform of the Department of Defense.
Sec. 912. Limitation on reduction of civilian workforce.
Sec. 913. Chief Diversity Officer and Senior Advisors for Diversity and 
           Inclusion.
Sec. 914. Limitation on consolidation or transition to alternative 
           content delivery methods within the Defense Media Activity.

                     Subtitle C--Space Force Matters

Sec. 921. Office of the Chief of Space Operations.
Sec. 922. Clarification of Space Force and Chief of Space Operations 
           authorities.
Sec. 923. Amendments to Department of the Air Force provisions in title 
           10, United States Code.
Sec. 924. Amendments to other provisions of title 10, United States 
           Code.
Sec. 925. Amendments to provisions of law relating to pay and 
           allowances.
Sec. 926. Amendments to provisions of law relating to veterans' 
           benefits.
Sec. 927. Amendments to other provisions of the United States Code and 
           other laws.
Sec. 928. Applicability to other provisions of law.
Sec. 929. Temporary exemption from authorized daily average of members 
           in pay grades E-8 and E-9.
Sec. 930. Limitation on transfer of military installations to the 
           jurisdiction of the Space Force.
Sec. 931. Organization of the Space Force.

                       TITLE X--GENERAL PROVISIONS

                      Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Budget materials for special operations forces.
Sec. 1003. Application of Financial Improvement and Audit Remediation 
           Plan to fiscal years following fiscal year 2020.
Sec. 1004. Incentives for the achievement by the components of the 
           Department of Defense of unqualified audit opinions on the 
           financial statements.
Sec. 1005. Audit readiness and remediation.
Sec. 1006. Addition of Chief of the National Guard Bureau to the list of 
           officers providing reports of unfunded priorities.

                   Subtitle B--Counterdrug Activities

Sec. 1011. Quarterly reports on Department of Defense support provided 
           to other United States agencies for counterdrug activities 
           and activities to counter transnational organized crime.

                        Subtitle C--Naval Vessels

Sec. 1021. Limitation on availability of certain funds without naval 
           vessels plan and certification.
Sec. 1022. Limitations on use of funds in National Defense Sealift Fund 
           for purchase of foreign constructed vessels.
Sec. 1023. Use of National Sea-Based Deterrence Fund for incrementally 
           funded contracts to provide full funding for Columbia class 
           submarines.
Sec. 1024. Preference for United States vessels in transporting supplies 
           by sea.
Sec. 1025. Restrictions on overhaul, repair, etc. of naval vessels in 
           foreign shipyards.

[[Page 134 STAT. 3401]]

Sec. 1026. Biennial report on shipbuilder training and the defense 
           industrial base.
Sec. 1027. Modification of waiver authority on prohibition on use of 
           funds for retirement of certain legacy maritime mine 
           countermeasure platforms.
Sec. 1028. Extension of authority for reimbursement of expenses for 
           certain Navy mess operations afloat.
Sec. 1029. Working group on stabilization of Navy shipbuilding 
           industrial base workforce.
Sec. 1030. Limitation on naval force structure changes.

                      Subtitle D--Counterterrorism

Sec. 1041. Extension of prohibition on use of funds for transfer or 
           release of individuals detained at United States Naval 
           Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1042. Extension of prohibition on use of funds to construct or 
           modify facilities in the United States to house detainees 
           transferred from United States Naval Station, Guantanamo Bay, 
           Cuba.
Sec. 1043. Extension of prohibition on use of funds for transfer or 
           release of individuals detained at United States Naval 
           Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1044. Extension of prohibition on use of funds to close or 
           relinquish control of United States Naval Station, Guantanamo 
           Bay, Cuba.

          Subtitle E--Miscellaneous Authorities and Limitations

Sec. 1051. Support of special operations to combat terrorism.
Sec. 1052. Expenditure of funds for Department of Defense clandestine 
           activities that support operational preparation of the 
           environment.
Sec. 1053. Sale or donation of excess Department of Defense personal 
           property for law enforcement activities.
Sec. 1054. Prohibition on retirement of nuclear powered aircraft 
           carriers before first refueling.
Sec. 1055. Reauthorization of National Oceanographic Partnership 
           Program.
Sec. 1056. Modification and technical correction to Department of 
           Defense authority to provide assistance along the southern 
           land border of the United States.
Sec. 1057. Limitation on use of funds for retirement of A-10 aircraft.
Sec. 1058. Considerations relating to permanently basing United States 
           equipment or additional forces in host countries with at-risk 
           vendors in 5G or 6G networks.
Sec. 1059. Public availability of Department of Defense legislative 
           proposals.
Sec. 1060. Arctic planning, research, and development.
Sec. 1061. Authority to establish a movement coordination center pacific 
           in the Indo-Pacific region.
Sec. 1062. Limitation on provision of funds to institutions of higher 
           education hosting Confucius Institutes.
Sec. 1063. Support for national maritime heritage grants program.
Sec. 1064. Requirements for use of Federal law enforcement personnel, 
           active duty members of the Armed Forces, and National Guard 
           personnel in support of Federal authorities to respond to 
           civil disturbances.

                     Subtitle F--Studies and Reports

Sec. 1071. FFRDC study of explosive ordnance disposal agencies.
Sec. 1072. Study on force structure for Marine Corps aviation.
Sec. 1073. Report on joint training range exercises for the Pacific 
           region.
Sec. 1074. Reports on threats to United States forces from small 
           unmanned aircraft systems worldwide.
Sec. 1075. Under Secretary of Defense (Comptroller) reports on improving 
           the budget justification and related materials of the 
           Department of Defense.
Sec. 1076. Quarterly briefings on Joint All Domain Command and Control 
           effort.
Sec. 1077. Report on civilian casualty resourcing and authorities.
Sec. 1078. Comptroller General Review of Department of Defense efforts 
           to prevent resale of goods manufactured by forced labor in 
           commissaries and exchanges.
Sec. 1079. Comptroller General report on Department of Defense processes 
           for responding to congressional reporting requirements.

                        Subtitle G--Other Matters

Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Reporting of adverse events relating to consumer products on 
           military installations.
Sec. 1083. Modification to First Division monument.
Sec. 1084. Sense of Congress regarding reporting of civilian casualties 
           resulting from United States military operations.

[[Page 134 STAT. 3402]]

Sec. 1085. Deployment of real-time status of special use airspace.
Sec. 1086.  Duties of Secretary under uniformed and overseas citizens 
           absentee voting act.
Sec. 1087. Mitigation of military helicopter noise.
Sec. 1088. Congressional expression of support for designation of 
           National Borinqueneers Day.
Sec. 1089. Ted Stevens Center for Arctic Security Studies.
Sec. 1090. Establishment of vetting procedures and monitoring 
           requirements for certain military training.
Sec. 1091. Personal protective equipment matters.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

                     Subtitle A--General Provisions

Sec. 1101. Department of Defense policy on unclassified workspaces and 
           job functions of personnel with pending security clearances.
Sec. 1102. Enhancement of public-private talent exchange programs in the 
           Department of Defense.
Sec. 1103. Paid parental leave technical corrections.
Sec. 1104. Authority to provide travel and transportation allowances in 
           connection with transfer ceremonies of certain civilian 
           employees who die overseas.
Sec. 1105. One-year extension of authority to waive annual limitation on 
           premium pay and aggregate limitation on pay for Federal 
           civilian employees working overseas.
Sec. 1106. One-year extension of temporary authority to grant 
           allowances, benefits, and gratuities to civilian personnel on 
           official duty in a combat zone.
Sec. 1107. Civilian faculty at the Defense Security Cooperation 
           University and Institute of Security Governance.
Sec. 1108. Temporary authority to appoint retired members of the Armed 
           Forces to positions in the Department of Defense.
Sec. 1109. Fire fighters alternative work schedule demonstration project 
           for the Navy Region Mid-Atlantic Fire and Emergency Services.
Sec. 1110. Special rules for certain monthly workers' compensation 
           payments and other payments for Federal Government personnel 
           under chief of mission authority.
Sec. 1111. Temporary increase in limitation on accumulation of annual 
           leave for Executive branch employees.
Sec. 1112. Telework travel expenses program of the United States Patent 
           and Trademark Office.
Sec. 1113. Extension of rate of overtime pay authority for Department of 
           the Navy employees performing work aboard or dockside in 
           support of the nuclear-powered aircraft carrier forward 
           deployed in Japan.
Sec. 1114. Enhanced pay authority for certain acquisition and technology 
           positions in the Department of Defense.
Sec. 1115. Enhanced pay authority for certain research and technology 
           positions in the science and technology reinvention 
           laboratories of the Department of Defense.
Sec. 1116. Extension of enhanced appointment and compensation authority 
           for civilian personnel for care and treatment of wounded and 
           injured members of the armed forces.
Sec. 1117. Expansion of direct hire authority for certain Department of 
           Defense personnel to include installation military housing 
           office positions supervising privatized military housing.
Sec. 1118. Extension of sunset of inapplicability of certification of 
           executive qualifications by qualification certification 
           review board of office of personnel management for initial 
           appointments to senior executive service positions in 
           department of defense.
Sec. 1119. Pilot program on enhanced pay authority for certain high-
           level management positions in the Department of Defense.
Sec. 1120. Recruitment incentives for placement at remote locations.
Sec. 1121. Technical amendments regarding reimbursement of Federal, 
           State, and local income taxes incurred during travel, 
           transportation, and relocation.

 Subtitle B--Elijah E. Cummings Federal Employee Antidiscrimination Act 
                                 of 2020

Sec. 1131. Short title.
Sec. 1132. Sense of Congress.
Sec. 1133. Notification of violation.
Sec. 1134. Reporting requirements.
Sec. 1135. Data to be posted by employing Federal agencies.
Sec. 1136. Data to be posted by the Equal Employment Opportunity 
           Commission.

[[Page 134 STAT. 3403]]

Sec. 1137. Notification and Federal Employee Antidiscrimination and 
           Retaliation Act of 2002 amendments.
Sec. 1138. Nondisclosure agreement limitation.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                   Subtitle A--Assistance and Training

Sec. 1201. Authority to build capacity for additional operations.
Sec. 1202. Participation in European program on multilateral exchange of 
           surface transportation services.
Sec. 1203. Participation in programs relating to coordination or 
           exchange of air refueling and air transportation services.
Sec. 1204. Reciprocal patient movement agreements.
Sec. 1205. Modification to the Inter-European Air Forces Academy.
Sec. 1206. Modification of authority for participation in multinational 
           centers of excellence.
Sec. 1207. Modification and extension of support of special operations 
           for irregular warfare.
Sec. 1208. Extension of authority to transfer excess high mobility 
           multipurpose wheeled vehicles to foreign countries.
Sec. 1209. Modification and extension of update of Department of Defense 
           Freedom of Navigation Report.
Sec. 1210. Extension and modification of authority to support border 
           security operations of certain foreign countries.
Sec. 1210A. Extension of Department of Defense support for stabilization 
           activities in national security interest of the United 
           States.
Sec. 1210B. Extension of report on workforce development.
Sec. 1210C. Plan to increase participation in international military 
           education and training programs.
Sec. 1210D. Mitigation and prevention of atrocities in high-risk 
           countries.
Sec. 1210E. Implementation of the Women, Peace, and Security Act of 
           2017.

        Subtitle B--Matters Relating to Afghanistan and Pakistan

Sec. 1211. Extension and modification of authority for reimbursement of 
           certain coalition nations for support provided to United 
           States military operations.
Sec. 1212. Extension of the Afghan Special Immigrant Visa Program.
Sec. 1213. Extension and modification of support for reconciliation 
           activities led by the Government of Afghanistan.
Sec. 1214. Extension and modification of Commanders' Emergency Response 
           Program.
Sec. 1215. Limitation on use of funds to reduce deployment to 
           Afghanistan.
Sec. 1216. Modifications to immunity from seizure under judicial process 
           of cultural objects.
Sec. 1217. Congressional oversight of United States talks with Taliban 
           officials and Afghanistan's comprehensive peace process.
Sec. 1218. Strategy for post-conflict engagement on human rights in 
           Afghanistan.
Sec. 1219. Modification to report on enhancing security and stability in 
           Afghanistan.
Sec. 1220. Report on Operation Freedom's Sentinel.

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

Sec. 1221. Extension and modification of authority to provide assistance 
           to counter the Islamic State of Iraq and Syria.
Sec. 1222. Extension and modification of authority to provide assistance 
           to vetted Syrian groups and individuals.
Sec. 1223. Extension and modification of authority to support operations 
           and activities of the Office of Security Cooperation in Iraq.
Sec. 1224. Prohibition on provision of weapons and other forms of 
           support to certain organizations.
Sec. 1225. Report and budget details regarding Operation Spartan Shield.

                 Subtitle D--Matters Relating to Russia

Sec. 1231. Extension of limitation on military cooperation between the 
           United States and the Russian Federation.
Sec. 1232. Matters relating to United States participation in the Open 
           Skies Treaty.
Sec. 1233. Prohibition on availability of funds relating to sovereignty 
           of the Russian Federation over Crimea.
Sec. 1234. Annual report on military and security developments involving 
           the Russian Federation.

[[Page 134 STAT. 3404]]

Sec. 1235. Modification and extension of Ukraine Security Assistance 
           Initiative.
Sec. 1236. Report on capability and capacity requirements of military 
           forces of Ukraine and resource plan for security assistance.
Sec. 1237. Report on Russian Federation support of racially and 
           ethnically motivated violent extremists.
Sec. 1238. Authorization of rewards for providing information on foreign 
           election interference.

             Subtitle E--Matters Relating to Europe and NATO

Sec. 1241. Determination and imposition of sanctions with respect to 
           Turkey's acquisition of the S-400 air defense system.
Sec. 1242. Clarification and expansion of sanctions relating to 
           construction of Nord Stream 2 or TurkStream pipeline 
           projects.
Sec. 1243. Extension of authority for training for Eastern European 
           national security forces in the course of multilateral 
           exercises.
Sec. 1244. Sense of Congress on support for the North Atlantic Treaty 
           Organization.
Sec. 1245. Limitation on United States force structure reductions in 
           Germany.
Sec. 1246. Report on United States military force posture in 
           Southeastern Europe.
Sec. 1247. Sense of Congress on support for coordinated action to ensure 
           the security of Baltic allies.
Sec. 1248. Sense of Congress on the role of the Kosovo Force of the 
           North Atlantic Treaty Organization.

         Subtitle F--Matters Relating to the Indo-Pacific Region

Sec. 1251. Pacific Deterrence Initiative.
Sec. 1252. Extension and modification of prohibition on commercial 
           export of certain covered munitions items to the Hong Kong 
           Police Force.
Sec. 1253. Authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1254. Cooperative program with Vietnam to account for Vietnamese 
           personnel missing in action.
Sec. 1255. Sense of Congress on the United States-Vietnam defense 
           relationship.
Sec. 1256. Pilot program to improve cyber cooperation with Vietnam, 
           Thailand, and Indonesia.
Sec. 1257. Report on the costs most directly associated with the 
           stationing of the Armed Forces in Japan.
Sec. 1258. Limitation on use of funds to reduce the total number of 
           members of the Armed Forces serving on active duty who are 
           deployed to South Korea.
Sec. 1259. Implementation of GAO recommendations on preparedness of 
           United States forces to counter North Korean chemical and 
           biological weapons.
Sec. 1260. Statement of policy and sense of Congress on the Taiwan 
           Relations Act.
Sec. 1260A. Annual briefing on Taiwan arms sales.
Sec. 1260B. Report on United States-Taiwan medical security partnership.
Sec. 1260C. Establishment of capabilities to assess the defense 
           technological and industrial bases of China and other foreign 
           adversaries.
Sec. 1260D. Extension of annual report on military and security 
           developments involving the People's Republic of China.
Sec. 1260E. Sense of Congress on the aggression of the Government of 
           China along the border with India and its growing territorial 
           claims.
Sec. 1260F. Assessment of National Cyber Strategy to deter China from 
           engaging in industrial espionage and cyber theft.
Sec. 1260G. Report on United Front Work Department.
Sec. 1260H. Public reporting of Chinese military companies operating in 
           the United States.
Sec. 1260I. Report on directed use of fishing fleets.

  Subtitle G--Sudan Democratic Transition, Accountability, and Fiscal 
                        Transparency Act of 2020

Sec. 1261. Short title.
Sec. 1262. Definitions.
Sec. 1263. Statement of policy.
Sec. 1264. Support for democratic governance, rule of law, human rights, 
           and fundamental freedoms.
Sec. 1265. Support for development programs.
Sec. 1266. Support for conflict mitigation.
Sec. 1267. Support for accountability for war crimes, crimes against 
           humanity, and genocide in Sudan.
Sec. 1268. Suspension of assistance.
Sec. 1269. Multilateral assistance.
Sec. 1270. Coordinated support to recover assets stolen from the 
           Sudanese people.
Sec. 1270A. Limitation on assistance to the Sudanese security and 
           intelligence services.

[[Page 134 STAT. 3405]]

Sec. 1270B. Reports.
Sec. 1270C. United States strategy for support to a civilian-led 
           government in Sudan.
Sec. 1270D. Amendments to the Darfur Peace and Accountability Act of 
           2006.
Sec. 1270E. Repeal of Sudan Peace Act and the Comprehensive Peace in 
           Sudan Act.

 Subtitle H--United States Israel Security Assistance Authorization Act 
                                 of 2020

Sec. 1271. Short title.
Sec. 1272. Sense of Congress on United States-Israel relationship.
Sec. 1273. Security assistance for Israel.
Sec. 1274. Extension of war reserves stockpile authority.
Sec. 1275. Rules governing the transfer of precision-guided munitions to 
           Israel above the annual restriction.
Sec. 1276. Eligibility of Israel for the strategic trade authorization 
           exception to certain export control licensing requirements.
Sec. 1277. United States Agency for International Development memoranda 
           of understanding to enhance cooperation with Israel.
Sec. 1278. Cooperative projects among the United States, Israel, and 
           developing countries.
Sec. 1279. Joint cooperative program related to innovation and high-tech 
           for the Middle East region.
Sec. 1280. Cooperation on directed energy capabilities.
Sec. 1280A. Other matters of cooperation.
Sec. 1280B. Appropriate congressional committees defined.

               Subtitle I--Global Child Thrive Act of 2020

Sec. 1281. Short title.
Sec. 1282. Sense of Congress.
Sec. 1283. Assistance to improve early childhood outcomes globally.
Sec. 1284. Special advisor for assistance to orphans and vulnerable 
           children.
Sec. 1285. Rule of construction.

       Subtitle J--Matters Relating to Africa and the Middle East

Sec. 1291. Briefing and report relating to reduction in the total number 
           of United States Armed Forces deployed to United States 
           Africa Command area of responsibility.
Sec. 1292. Notification with respect to withdrawal of members of the 
           Armed Forces participating in the Multinational Force and 
           Observers in Egypt.
Sec. 1293. Report on enhancing security partnerships between the United 
           States and African countries.
Sec. 1294. Plan to address gross violations of human rights and civilian 
           harm in Burkina Faso, Chad, Mali, and Niger.
Sec. 1295. Statement of policy and report relating to the conflict in 
           Yemen.
Sec. 1296. Report on United States military support of the Saudi-led 
           coalition in Yemen.
Sec. 1297. Sense of Congress on payment of amounts owed by Kuwait to 
           United States medical institutions.

                        Subtitle K--Other Matters

Sec. 1299A. Provision of goods and services at Kwajalein Atoll, Republic 
           of the Marshall Islands.
Sec. 1299B. Report on contributions received from designated countries.
Sec. 1299C. Modification to initiative to support protection of national 
           security academic researchers from undue influence and other 
           security threats.
Sec. 1299D. Extension of authorization of non-conventional assisted 
           recovery capabilities.
Sec. 1299E. Annual briefings on certain foreign military bases of 
           adversaries.
Sec. 1299F. Countering white identity terrorism globally.
Sec. 1299G. Report on progress of the Department of Defense with respect 
           to denying the strategic goals of a competitor against a 
           covered defense partner.
Sec. 1299H. Comparative studies on defense budget transparency of the 
           People's Republic of China, the Russian Federation, and the 
           United States.
Sec. 1299I. Assessment of weapons of mass destruction terrorism.
Sec. 1299J. Review of Department of Defense compliance with ``Principles 
           Related to the Protection of Medical Care Provided by 
           Impartial Humanitarian Organizations During Armed 
           Conflicts''.
Sec. 1299K. Certification relating to assistance for Guatemala.
Sec. 1299L. Functional Center for Security Studies in Irregular Warfare.
Sec. 1299M. United States-Israel operations-technology cooperation 
           within the United States-Israel Defense Acquisition Advisory 
           Group.

[[Page 134 STAT. 3406]]

Sec. 1299N. Payment of passport fees for certain individuals.
Sec. 1299O. Resumption of Peace Corps operations.
Sec. 1299P. Establishment of the Open Technology Fund.
Sec. 1299Q. United States Agency for Global Media.
Sec. 1299R. Leveraging information on foreign traffickers.
Sec. 1299S. Rule of construction relating to use of military force.

                TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Funding allocations; specification of cooperative threat 
           reduction funds.

                     TITLE XIV--OTHER AUTHORIZATIONS

                      Subtitle A--Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense health program.

                Subtitle B--Armed Forces Retirement Home

Sec. 1411. Authorization of appropriations for Armed Forces Retirement 
           Home.
Sec. 1412. Expansion of eligibility for residence at the Armed Forces 
           Retirement Home.
Sec. 1413. Periodic inspections of Armed Forces Retirement Home 
           facilities by nationally recognized accrediting organization.

                        Subtitle C--Other Matters

Sec. 1421. Authority for transfer of funds to joint Department of 
           Defense-Department of Veterans Affairs medical facility 
           demonstration fund for Captain James A. Lovell Health Care 
           Center, Illinois.

   TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS 
                         CONTINGENCY OPERATIONS

               Subtitle A--Authorization of Appropriations

Sec. 1501. Purpose.
Sec. 1502. Overseas contingency operations.
Sec. 1503. Procurement.
Sec. 1504. Research, development, test, and evaluation.
Sec. 1505. Operation and maintenance.
Sec. 1506. Military personnel.
Sec. 1507. Working capital funds.
Sec. 1508. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1509. Defense Inspector General.
Sec. 1510. Defense Health Program.

                      Subtitle B--Financial Matters

Sec. 1511. Treatment as additional authorizations.
Sec. 1512. Special transfer authority.

                        Subtitle C--Other Matters

Sec. 1521. Afghanistan Security Forces Fund.

   TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE 
                                 MATTERS

                      Subtitle A--Space Activities

Sec. 1601. Space Development Agency development requirements and 
           transfer to Space Force.
Sec. 1602. Personnel management authority for Space Development Agency 
           for experts in science and engineering.
Sec. 1603. Requirement to buy certain satellite component from national 
           technology and industrial base.
Sec. 1604. Conforming amendments relating to reestablishment of Space 
           Command.
Sec. 1605. Clarification of authority for procurement of commercial 
           satellite communications services.
Sec. 1606. National Security Space Launch program.
Sec. 1607. Commercial space domain awareness capabilities.
Sec. 1608. Policy to ensure launch of small-class payloads.

[[Page 134 STAT. 3407]]

Sec. 1609. Tactically responsive space launch operations.
Sec. 1610. Limitation on availability of funds for prototype program for 
           multi-global navigation satellite system receiver 
           development.
Sec. 1611. Resilient and survivable positioning, navigation, and timing 
           capabilities.
Sec. 1612. Leveraging commercial satellite remote sensing.
Sec. 1613. Strategy to strengthen civil and national security 
           capabilities and operations in space.
Sec. 1614. Report and strategy on space competition with China.

  Subtitle B--Defense Intelligence and Intelligence-Related Activities

Sec. 1621. Safety of navigation mission of the National Geospatial-
           Intelligence Agency.
Sec. 1622. National Academies Climate Security Roundtable.
Sec. 1623. Efficient use of sensitive compartmented information 
           facilities.

                       Subtitle C--Nuclear Forces

Sec. 1631. Semiannual updates on meetings held by Nuclear Weapons 
           Council; limitation on availability of funds relating to such 
           updates.
Sec. 1632. Role of Nuclear Weapons Council with respect to performance 
           requirements and budget for nuclear weapons programs.
Sec. 1633. Modification of Government Accountability Office review of 
           annual reports on nuclear weapons enterprise.
Sec. 1634. Independent study on nuclear weapons programs of certain 
           foreign countries.
Sec. 1635. Prohibition on reduction of the intercontinental ballistic 
           missiles of the United States.

                  Subtitle D--Missile Defense Programs

Sec. 1641. Alignment of the Missile Defense Agency within the Department 
           of Defense.
Sec. 1642. Extension of prohibition relating to missile defense 
           information and systems.
Sec. 1643. Extension of transition of ballistic missile defense programs 
           to military departments.
Sec. 1644. Extension of requirement for Comptroller General review and 
           assessment of missile defense acquisition programs.
Sec. 1645. Development of hypersonic and ballistic missile tracking 
           space sensor payload.
Sec. 1646. Ground-based midcourse defense interim capability.
Sec. 1647. Next generation interceptors.
Sec. 1648. Report on and limitation on availability of funds for layered 
           homeland missile defense system.
Sec. 1649. Iron Dome short-range rocket defense system and Israeli 
           cooperative missile defense program co-development and co-
           production.
Sec. 1650. Report on defense of Guam from integrated air and missile 
           threats.
Sec. 1651. Reports on cruise missile defense and North Warning System.

     Subtitle E--Matters Relating to Certain Commercial Terrestrial 
                               Operations

Sec. 1661. Prohibition on availability of funds for certain purposes 
           relating to the Global Positioning System.
Sec. 1662. Limitation on awarding contracts to entities operating 
           commercial terrestrial communication networks that cause 
           harmful interference with the Global Positioning System.
Sec. 1663. Independent technical review of Federal Communications 
           Commission Order 20-48.
Sec. 1664. Estimate of damages from Federal Communications Commission 
           Order 20-48.

                        Subtitle F--Other Matters

Sec. 1671. Conventional prompt strike.
Sec. 1672. Limitation on availability of funds relating to reports on 
           missile systems and arms control treaties.
Sec. 1673. Submission of reports under Missile Defense Review and 
           Nuclear Posture Review.

                 TITLE XVII--CYBERSPACE-RELATED MATTERS

Sec. 1701. Modification of mission of Cyber Command and assignment of 
           cyber operations forces.
Sec. 1702. Modification of scope of notification requirements for 
           sensitive military cyber operations.

[[Page 134 STAT. 3408]]

Sec. 1703. Modification of requirements for quarterly Department of 
           Defense cyber operations briefings for Congress.
Sec. 1704. Clarification relating to protection from liability of 
           operationally critical contractors.
Sec. 1705. Strengthening Federal networks; CISA cybersecurity support to 
           agencies.
Sec. 1706. Improvements relating to the quadrennial cyber posture 
           review.
Sec. 1707. Modification of authority to use operation and maintenance 
           funds for cyber operations-peculiar capability development 
           projects.
Sec. 1708. Personnel management authority for Commander of United States 
           Cyber Command and development program for offensive cyber 
           operations.
Sec. 1709. Applicability of reorientation of Big Data Platform program 
           to Department of Navy.
Sec. 1710. Report on Cyber Institutes program.
Sec. 1711. Modification of acquisition authority of Commander of United 
           States Cyber Command.
Sec. 1712. Modification of requirements relating to the Strategic 
           Cybersecurity Program and the evaluation of cyber 
           vulnerabilities of major weapon systems of the Department of 
           Defense.
Sec. 1713. Modification of position of Principal Cyber Advisor.
Sec. 1714. Cyberspace Solarium Commission.
Sec. 1715. Establishment in Department of Homeland Security of joint 
           cyber planning office.
Sec. 1716. Subpoena authority.
Sec. 1717. Cybersecurity State Coordinator.
Sec. 1718. Cybersecurity Advisory Committee.
Sec. 1719. Cybersecurity education and training assistance program.
Sec. 1720. Framework for cyber hunt forward operations.
Sec. 1721. Rationalization and integration of parallel cybersecurity 
           architectures and operations.
Sec. 1722. Assessing risk to national security of quantum computing.
Sec. 1723. Tailored cyberspace operations organizations.
Sec. 1724. Responsibility for cybersecurity and critical infrastructure 
           protection of the defense industrial base.
Sec. 1725. Pilot program on remote provision by National Guard to 
           National Guards of other States of cybersecurity technical 
           assistance in training, preparation, and response to cyber 
           incidents.
Sec. 1726. Department of Defense cyber workforce efforts.
Sec. 1727. Reporting requirements for cross domain incidents and 
           exemptions to policies for information technology.
Sec. 1728. Assessing private-public collaboration in cybersecurity.
Sec. 1729. Cyber capabilities and interoperability of the National 
           Guard.
Sec. 1730. Evaluation of non-traditional cyber support to the Department 
           of Defense.
Sec. 1731. Integrated cybersecurity center plan.
Sec. 1732. Assessment of cyber operational planning and deconfliction 
           policies and processes.
Sec. 1733. Pilot program on cybersecurity capability metrics.
Sec. 1734. Assessment of effect of inconsistent timing and use of 
           Network Address Translation in Department of Defense 
           networks.
Sec. 1735. Integration of Department of Defense user activity monitoring 
           and cybersecurity.
Sec. 1736. Defense industrial base cybersecurity sensor architecture 
           plan.
Sec. 1737. Assessment on defense industrial base participation in a 
           threat information sharing program.
Sec. 1738. Assistance for small manufacturers in the defense industrial 
           supply chain on matters relating to cybersecurity.
Sec. 1739. Assessment on defense industrial base cybersecurity threat 
           hunting program.
Sec. 1740. Defense Digital Service.
Sec. 1741. Matters concerning the College of Information and Cyberspace 
           and limitation of funding for National Defense University.
Sec. 1742. Department of Defense cyber hygiene and Cybersecurity 
           Maturity Model Certification framework.
Sec. 1743. Extension of sunset for pilot program on regional 
           cybersecurity training center for the Army National Guard.
Sec. 1744. National cyber exercises.
Sec. 1745. Cybersecurity and Infrastructure Security Agency review.
Sec. 1746. Report on enabling United States Cyber Command resource 
           allocation.
Sec. 1747. Ensuring cyber resiliency of nuclear command and control 
           system.
Sec. 1748. Requirements for review of and limitations on the Joint 
           Regional Security Stacks activity.

[[Page 134 STAT. 3409]]

Sec. 1749. Implementation of information operations matters.
Sec. 1750. Report on use of encryption by Department of Defense national 
           security systems.
Sec. 1751. Guidance and direction on use of direct hiring processes for 
           artificial intelligence professionals and other data science 
           and software development personnel.
Sec. 1752. National Cyber Director.

TITLE XVIII--TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES

Sec. 1801. Transfer and reorganization of defense acquisition statutes.

                         Subtitle A--Definitions

Sec. 1806. Definitions.
Sec. 1807. General matters.
Sec. 1808. Defense acquisition system.
Sec. 1809. Budgeting and appropriations.
Sec. 1810. Operational contract support.

                    Subtitle B--Acquisition Planning

Sec. 1811. Planning and solicitation generally.
Sec. 1812. Independent cost estimation and cost analysis.
Sec. 1813. Other provisions relating to planning and solicitation 
           generally.

           Subtitle C--Contracting Methods and Contract Types

Sec. 1816. Awarding of contracts.
Sec. 1817. Specific types of contracts.
Sec. 1818. Other matters relating to awarding of contracts.
Sec. 1819. Undefinitized contractual actions.
Sec. 1820. Task and delivery order contracts.
Sec. 1821. Acquisition of commercial products and commercial services.
Sec. 1822. Multiyear contracts.
Sec. 1823. Simplified acquisition procedures.
Sec. 1824. Rapid acquisition procedures.
Sec. 1825. Contracts for long-term lease or charter of vessels, 
           aircraft, and combat vehicles.

               Subtitle D--General Contracting Provisions

Sec. 1831. Cost or pricing data.
Sec. 1832. Allowable costs.
Sec. 1833. Proprietary contractor data and rights in technical data.
Sec. 1834. Contract financing.
Sec. 1835. Contractor audits and accounting.
Sec. 1836. Claims and disputes.
Sec. 1837. Foreign acquisitions.
Sec. 1838. Socioeconomic programs.

                  Subtitle E--Research and Engineering

Sec. 1841. Research and engineering generally.
Sec. 1842. Innovation.
Sec. 1843. Department of Defense laboratories.
Sec. 1844. Research and development centers and facilities.
Sec. 1845. Test and evaluation.

   Subtitle F--Major Systems, Major Defense Acquisition Programs, and 
                       Weapon Systems Development

Sec. 1846. General matters.
Sec. 1847. Major systems and major defense acquisition programs 
           generally.
Sec. 1848. Life-cycle and sustainment.
Sec. 1849. Program status-selected acquisition reports.
Sec. 1850. Cost growth--unit cost reports (Nunn-McCurdy).
Sec. 1851. Weapon systems development and related matters.

           Subtitle G--Other Special Categories of Contracting

Sec. 1856. Acquisition of services generally.
Sec. 1857. Acquisition of information technology.

                     Subtitle H--Contract Management

Sec. 1861. Contract administration.

[[Page 134 STAT. 3410]]

Sec. 1862. Prohibitions and penalties.
Sec. 1863. Contractor workforce.
Sec. 1864. Other administrative matters.

                   Subtitle I--Defense Industrial Base

Sec. 1866. Defense industrial base generally.
Sec. 1867. Policies and planning.
Sec. 1868. Development, application, and support of dual-use 
           technologies.
Sec. 1869. Manufacturing technology.
Sec. 1870. Other technology base policies and programs.
Sec. 1871. Small business programs.
Sec. 1872. Procurement technical assistance cooperative agreement 
           program.
Sec. 1873. Loan guarantee programs.

                        Subtitle J--Other Matters

Sec. 1876. Recodification of certain title 10 provisions relating to 
           contract financing for certain Navy contracts.
Sec. 1877. Recodification of title 10 statute on cadre of personnel who 
           are intellectual property experts.
Sec. 1878. Transfer of title 10 section relating to notification of Navy 
           procurement production disruptions.
Sec. 1879. Transfer of title 10 section relating to energy security.
Sec. 1880. Part IV heading.
Sec. 1881. Repeal of chapters 137, 139, 144, and 148.
Sec. 1882. Revision of chapter 141.
Sec. 1883. References.
Sec. 1884. Savings provisions.
Sec. 1885. Rule of construction.

            DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS

Sec. 2001. Short title.
Sec. 2002. Expiration of authorizations and amounts required to be 
           specified by law.
Sec. 2003. Effective date.

                  TITLE XXI--ARMY MILITARY CONSTRUCTION

Sec. 2101. Authorized Army construction and land acquisition projects.
Sec. 2102. Family housing.
Sec. 2103. Authorization of appropriations, Army.
Sec. 2104. Limitation on military construction project at Kwajalein 
           Atoll.
Sec. 2105. Modification of authority to carry out fiscal year 2017 
           project at Camp Walker, Korea.

                 TITLE XXII--NAVY MILITARY CONSTRUCTION

Sec. 2201. Authorized Navy construction and land acquisition projects.
Sec. 2202. Family housing and improvements to military family housing 
           units.
Sec. 2203. Authorization of appropriations, Navy.

              TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION

Sec. 2301. Authorized Air Force construction and land acquisition 
           projects.
Sec. 2302. Family housing and improvements to military family housing 
           units.
Sec. 2303. Authorization of appropriations, Air Force.
Sec. 2304. Modification of authority to carry out certain fiscal year 
           2018 project.
Sec. 2305. Modification of authority to carry out certain fiscal year 
           2019 projects.
Sec. 2306. Modification of authority to carry out certain fiscal year 
           2020 projects.
Sec. 2307. Technical corrections related to authority to carry out 
           certain fiscal year 2020 family housing projects.

           TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION

Sec. 2401. Authorized Defense Agencies construction and land acquisition 
           projects.
Sec. 2402. Authorized Energy Resilience and Conservation Investment 
           Program projects.
Sec. 2403. Authorization of appropriations, Defense Agencies.
Sec. 2404. Independent study on Western Emergency Refined Fuel Reserves.

                    TITLE XXV--INTERNATIONAL PROGRAMS

   Subtitle A--North Atlantic Treaty Organization Security Investment 
                                 Program

Sec. 2501. Authorized NATO construction and land acquisition projects.
Sec. 2502. Authorization of appropriations, NATO.

[[Page 134 STAT. 3411]]

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

             Subtitle B--Host Country In-Kind Contributions

Sec. 2511. Republic of Korea funded construction projects.
Sec. 2512. Qatar funded construction projects.

             TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES

Sec. 2601. Authorized Army National Guard construction and land 
           acquisition projects.
Sec. 2602. Authorized Army Reserve construction and land acquisition 
           projects.
Sec. 2603. Authorized Navy Reserve and Marine Corps Reserve construction 
           and land acquisition projects.
Sec. 2604. Authorized Air National Guard construction and land 
           acquisition projects.
Sec. 2605. Authorized Air Force Reserve construction and land 
           acquisition projects.
Sec. 2606. Authorization of appropriations, National Guard and Reserve.
Sec. 2607. Modification of authority to carry out fiscal year 2020 
           project in Alabama.

          TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES

Sec. 2701. Authorization of appropriations for base realignment and 
           closure activities funded through Department of Defense Base 
           Closure Account.
Sec. 2702. Prohibition on conducting additional base realignment and 
           closure (BRAC) round.
Sec. 2703. Plan to finish remediation activities conducted by the 
           Secretary of the Army in Umatilla, Oregon.

         TITLE XXVIII--MILITARY CONSTRUCTION GENERAL PROVISIONS

            Subtitle A--Military Construction Program Changes

Sec. 2801. Modification and clarification of construction authority in 
           the event of a declaration of war or national emergency.
Sec. 2802. Extension of sunset for annual locality adjustment of dollar 
           thresholds applicable to unspecified minor military 
           construction authorities.
Sec. 2803. Modification of reporting requirements regarding certain 
           military construction projects and military family housing 
           projects, contracts, and agreements.
Sec. 2804. Consideration of energy security and energy resilience in 
           life-cycle cost for military construction.
Sec. 2805. Congressional project authorization required for military 
           construction projects for energy resilience, energy security, 
           and energy conservation.
Sec. 2806. One-year extension of temporary, limited authority to use 
           operation and maintenance funds for construction projects in 
           certain areas outside the United States.
Sec. 2807. Responsibility of Navy for military construction requirements 
           for certain Fleet Readiness Centers.

               Subtitle B--Military Family Housing Reforms

Sec. 2811. Modifications and technical corrections related to military 
           housing privatization reform.
Sec. 2812. Repeal of authority to lease substandard family housing units 
           to members of the uniformed services.
Sec. 2813. Expenditure priorities in using Department of Defense Family 
           Housing Improvement Fund.
Sec. 2814. Availability of information regarding assessment of 
           performance metrics for contracts for provision or management 
           of privatized military housing.
Sec. 2815. Requirement that Secretary of Defense implement 
           recommendations relating to military family housing contained 
           in report by Inspector General of Department of Defense.
Sec. 2816. Promulgation of guidance to facilitate return of military 
           families displaced from privatized military housing.
Sec. 2817. Promulgation of guidance on relocation of residents of 
           military housing impacted by presence of mold.
Sec. 2818. Expansion of uniform code of basic standards for privatized 
           military housing and hazard and habitability inspection and 
           assessment requirements to Government-owned and Government-
           controlled military family housing.

[[Page 134 STAT. 3412]]

         Subtitle C--Real Property and Facilities Administration

Sec. 2821. Acceptance of property by military service academies, 
           professional military education schools, and military museums 
           subject to naming-rights condition.
Sec. 2822. Codification of reporting requirements regarding United 
           States overseas military enduring locations and contingency 
           locations.
Sec. 2823. Promotion of energy resilience and energy security in 
           privatized utility systems.
Sec. 2824. Vesting exercise of discretion with Secretaries of the 
           military departments regarding entering into longer-term 
           contracts for utility services.
Sec. 2825. Use of on-site energy production to promote military 
           installation energy resilience and energy security.
Sec. 2826. Improved electrical metering of Department of Defense 
           infrastructure supporting critical missions.
Sec. 2827. Improving water management and security on military 
           installations.
Sec. 2828. Prohibition relating to closure or return to host nation of 
           existing military installations, infrastructure, or real 
           property in Europe.

                      Subtitle D--Land Conveyances

Sec. 2831. Land conveyance, Camp Navajo, Arizona.
Sec. 2832. Modification of land exchange involving Naval Industrial 
           Reserve Ordnance Plant, Sunnyvale, California.
Sec. 2833. Land conveyance, Sharpe Army Depot, Lathrop, California.
Sec. 2834. Land exchange, San Bernardino County, California.
Sec. 2835. Land conveyance, Over-the-Horizon Backscatter Radar System 
           receiving station, Modoc County, California.
Sec. 2836. Transfer of administrative jurisdiction, Naval Support 
           Activity Panama City, Florida, parcel.
Sec. 2837. Lease extension, Bryan Multi-Sports Complex, Wayne County, 
           North Carolina.
Sec. 2838. Land conveyances, Milan Army Ammunition Plant, Tennessee.

                  Subtitle E--Military Land Withdrawals

Sec. 2841. Renewal of land withdrawal and reservation to benefit Naval 
           Air Facility, El Centro, California.
Sec. 2842. Renewal of Fallon Range Training Complex land withdrawal and 
           reservation.
Sec. 2843. Renewal of Nevada Test and Training Range land withdrawal and 
           reservation.
Sec. 2844. Establishment of interagency committees on joint use of 
           certain land withdrawn from appropriation under public land 
           laws.

            Subtitle F--Asia-Pacific and Indo-Pacific Issues

Sec. 2851. Change to biennial reporting requirement for Interagency 
           Coordination Group of Inspectors General for Guam 
           Realignment.
Sec. 2852. Additional exception to restriction on development of public 
           infrastructure in connection with realignment of Marine Corps 
           forces in Asia-Pacific region.
Sec. 2853. Development of master plan for infrastructure to support 
           rotational Armed Forces in Australia.
Sec. 2854. Bulk fuel management in United States Indo-Pacific Command 
           Area of Responsibility.

                  Subtitle G--Authorized Pilot Programs

Sec. 2861. Pilot program to authorize use of cost savings realized from 
           intergovernmental services agreements for installation-
           support services.
Sec. 2862. Department of Defense pilot program to evaluate expansion of 
           land exchange authority.
Sec. 2863. Pilot program to support combatant command military 
           construction priorities.
Sec. 2864. Pilot program to test use of emergency diesel generators in a 
           microgrid configuration at certain military installations.
Sec. 2865. Pilot program to authorize additional military construction 
           projects for child development centers at military 
           installations.
Sec. 2866. Department of the Army pilot program for development and use 
           of online real estate inventory tool.

              Subtitle H--Miscellaneous Studies and Reports

Sec. 2871. Reports regarding decision-making process used to locate or 
           relocate major headquarters and certain military units and 
           weapon systems.

[[Page 134 STAT. 3413]]

Sec. 2872. Report on effect of noise restrictions on military 
           installations and operations and development and 
           implementation of noise mitigation measures.
Sec. 2873. Study and report regarding continued need for protected 
           aircraft shelters in Europe and status of United States air 
           base resiliency in Europe.

                        Subtitle I--Other Matters

Sec. 2881. Military construction infrastructure and weapon system 
           synchronization for Ground Based Strategic Deterrent.
Sec. 2882. Defense Community Infrastructure Program.
Sec. 2883. Consideration of certain military family readiness issues in 
           making basing decisions associated with certain military 
           units and major headquarters.
Sec. 2884. Department of Defense policy for regulation in military 
           communities of dangerous dogs kept as pets.

    TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION

Sec. 2901. Authorized Navy construction and land acquisition projects.
Sec. 2902. Authorized Air Force construction and land acquisition 
           projects.
Sec. 2903. Authorization of appropriations.

 DIVISION C--DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND 
                          OTHER AUTHORIZATIONS

       TITLE XXXI--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

        Subtitle A--National Security Programs and Authorizations

Sec. 3101. National Nuclear Security Administration.
Sec. 3102. Defense environmental cleanup.
Sec. 3103. Other defense activities.
Sec. 3104. Nuclear energy.

              Subtitle B--Nuclear Weapons Stockpile Matters

Sec. 3111. W93 nuclear warhead acquisition process.
Sec. 3112. Earned value management and technology readiness levels for 
           life extension programs.
Sec. 3113. Monitoring of industrial base for nuclear weapons components, 
           subsystems, and materials.
Sec. 3114. Plutonium pit production.

            Subtitle C--Defense Environmental Cleanup Matters

Sec. 3121. Public statement of environmental liabilities for facilities 
           undergoing defense environmental cleanup.
Sec. 3122. Inclusion of missed milestones in future-years defense 
           environmental cleanup plan.
Sec. 3123. Classification of defense environmental cleanup as capital 
           asset projects or operations activities.
Sec. 3124. Extension of limitation relating to reclassification of high-
           level waste.
Sec. 3125. Continued analysis of approaches for supplemental treatment 
           of low-activity waste at Hanford Nuclear Reservation.

               Subtitle D--Safeguards and Security Matters

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

                      Subtitle E--Personnel Matters

Sec. 3141. Extension of authority for appointment of certain scientific, 
           engineering, and technical personnel.
Sec. 3142. Inclusion of certain employees and contractors of Department 
           of Energy in definition of public safety officer for purposes 
           of certain death benefits.
Sec. 3143. Reimbursement for liability insurance for nuclear materials 
           couriers.
Sec. 3144. Transportation and moving expenses for immediate family of 
           deceased nuclear materials couriers.
Sec. 3145. Permanent extension of Office of Ombudsman for Energy 
           Employees Occupational Illness Compensation Program.
Sec. 3146. Reports on diversity of certain contractor employees of 
           National Nuclear Security Administration.
Sec. 3147. Sense of Congress regarding compensation of individuals 
           relating to uranium mining and nuclear testing.

[[Page 134 STAT. 3414]]

           Subtitle F--Budget and Financial Management Matters

Sec. 3151. Reports on financial balances for atomic energy defense 
           activities.

                   Subtitle G--Administrative Matters

Sec. 3161. Modifications to enhanced procurement authority to manage 
           supply chain risk.
Sec. 3162. Extension of pilot program on unavailability for overhead 
           costs of amounts specified for laboratory-directed research 
           and development.

                        Subtitle H--Other Matters

Sec. 3171. Independent study on potential environmental effects of 
           nuclear war.
Sec. 3172. Review of future of computing beyond exascale at the National 
           Nuclear Security Administration.
Sec. 3173. Sense of Congress on the Agreement Suspending the Antidumping 
           Investigation on Uranium from the Russian Federation.

          TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD

Sec. 3201. Authorization.
Sec. 3202. Nonpublic collaborative discussions by Defense Nuclear 
           Facilities Safety Board.

                  TITLE XXXIV--NAVAL PETROLEUM RESERVES

Sec. 3401. Authorization of appropriations.

                      TITLE XXXV--MARITIME MATTERS

                   Subtitle A--Maritime Administration

Sec. 3501. Authorization of the Maritime Administration.
Sec. 3502. Improvements to process for waiving navigation and vessel-
           inspection laws and approving foreign vessel charters for 
           passenger vessels.
Sec. 3503. Superintendent of the United States Merchant Marine Academy.
Sec. 3504. Assistance for inland and small coastal ports and terminals.
Sec. 3505. Maritime transportation system emergency relief program.
Sec. 3506. Sea year cadets on cable security fleet and tanker security 
           fleet vessels.
Sec. 3507. Centers of excellence for domestic maritime workforce 
           training and education: technical amendments.
Sec. 3508. Merchant mariner training and education.
Sec. 3509. Publication of information about students and recent 
           graduates of Maritime Academies.
Sec. 3510. Mariner licensing and credentialing for M/V LISERON.

                    Subtitle B--Tanker Security Fleet

Sec. 3511. Tanker Security Fleet.

                        Subtitle C--Other Matters

Sec. 3521. Maritime security and domain awareness.
Sec. 3522. Sense of Congress regarding role of domestic maritime 
           industry in national security.

                       DIVISION D--FUNDING TABLES

Sec. 4001. Authorization of amounts in funding tables.

                         TITLE XLI--PROCUREMENT

Sec. 4101. Procurement.
Sec. 4102. Procurement for overseas contingency operations.

         TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Sec. 4201. Research, development, test, and evaluation.
Sec. 4202. Research, development, test, and evaluation for overseas 
           contingency operations.

                 TITLE XLIII--OPERATION AND MAINTENANCE

Sec. 4301. Operation and maintenance.
Sec. 4302. Operation and maintenance for overseas contingency 
           operations.

                     TITLE XLIV--MILITARY PERSONNEL

Sec. 4401. Military personnel.
Sec. 4402. Military personnel for overseas contingency operations.

[[Page 134 STAT. 3415]]

                     TITLE XLV--OTHER AUTHORIZATIONS

Sec. 4501. Other authorizations.
Sec. 4502. Other authorizations for overseas contingency operations.

                    TITLE XLVI--MILITARY CONSTRUCTION

Sec. 4601. Military construction.
Sec. 4602. Military construction for overseas contingency operations.

      TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Sec. 4701. Department of energy national security programs.

   DIVISION E--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE ACT OF 2020

Sec. 5001. Short title.
Sec. 5002. Definitions.

          TITLE LI--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE

Sec. 5101. National Artificial Intelligence Initiative.
Sec. 5102. National Artificial Intelligence Initiative Office.
Sec. 5103. Coordination by Interagency Committee.
Sec. 5104. National Artificial Intelligence Advisory Committee.
Sec. 5105. National Academies artificial intelligence impact study on 
           workforce.
Sec. 5106. National AI Research Resource Task Force.

     TITLE LII--NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES

Sec. 5201. National Artificial Intelligence Research Institutes.

  TITLE LIII--DEPARTMENT OF COMMERCE ARTIFICIAL INTELLIGENCE ACTIVITIES

Sec. 5301. National institute of standards and technology activities.
Sec. 5302. Stakeholder outreach.
Sec. 5303. National oceanic and atmospheric administration artificial 
           intelligence center.

     TITLE LIV--NATIONAL SCIENCE FOUNDATION ARTIFICIAL INTELLIGENCE 
                               ACTIVITIES

Sec. 5401. Artificial intelligence research and education.

 TITLE LV--DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM

Sec. 5501. Department of energy artificial intelligence research 
           program.

                    DIVISION F--ANTI-MONEY LAUNDERING

Sec. 6001. Short title.
Sec. 6002. Purposes.
Sec. 6003. Definitions.

  TITLE LXI--STRENGTHENING TREASURY FINANCIAL INTELLIGENCE, ANTI-MONEY 
     LAUNDERING, AND COUNTERING THE FINANCING OF TERRORISM PROGRAMS

Sec. 6101. Establishment of national exam and supervision priorities.
Sec. 6102. Strengthening FinCEN.
Sec. 6103. FinCEN Exchange.
Sec. 6104. Interagency anti-money laundering and countering the 
           financing of terrorism personnel rotation program.
Sec. 6105. Terrorism and financial intelligence special hiring 
           authority.
Sec. 6106. Treasury Attache program.
Sec. 6107. Establishment of FinCEN Domestic Liaisons.
Sec. 6108. Foreign Financial Intelligence Unit Liaisons.
Sec. 6109. Protection of information exchanged with foreign law 
           enforcement and financial intelligence units.
Sec. 6110. Bank Secrecy Act application to dealers in antiquities and 
           assessment of Bank Secrecy Act application to dealers in 
           arts.
Sec. 6111. Increasing technical assistance for international 
           cooperation.
Sec. 6112. International coordination.

  TITLE LXII--MODERNIZING THE ANTI-MONEY LAUNDERING AND COUNTERING THE 
                      FINANCING OF TERRORISM SYSTEM

Sec. 6201. Annual reporting requirements.

[[Page 134 STAT. 3416]]

Sec. 6202. Additional considerations for suspicious activity reporting 
           requirements.
Sec. 6203. Law enforcement feedback on suspicious activity reports.
Sec. 6204. Streamlining requirements for currency transaction reports 
           and suspicious activity reports.
Sec. 6205. Currency transaction reports and suspicious activity reports 
           thresholds review.
Sec. 6206. Sharing of threat pattern and trend information.
Sec. 6207. Subcommittee on Innovation and Technology.
Sec. 6208. Establishment of Bank Secrecy Act Innovation Officers.
Sec. 6209. Testing methods rulemaking.
Sec. 6210. Financial technology assessment.
Sec. 6211. Financial crimes tech symposium.
Sec. 6212. Pilot program on sharing of information related to suspicious 
           activity reports within a financial group.
Sec. 6213. Sharing of compliance resources.
Sec. 6214. Encouraging information sharing and public-private 
           partnerships.
Sec. 6215. Financial services de-risking.
Sec. 6216. Review of regulations and guidance.

    TITLE LXIII--IMPROVING ANTI-MONEY LAUNDERING AND COUNTERING THE 
     FINANCING OF TERRORISM COMMUNICATION, OVERSIGHT, AND PROCESSES

Sec. 6301. Improved interagency coordination and consultation.
Sec. 6302. Subcommittee on Information Security and Confidentiality.
Sec. 6303. Establishment of Bank Secrecy Act Information Security 
           Officers.
Sec. 6304. FinCEN analytical hub.
Sec. 6305. Assessment of Bank Secrecy Act no-action letters.
Sec. 6306. Cooperation with law enforcement.
Sec. 6307. Training for examiners on anti-money laundering and 
           countering the financing of terrorism.
Sec. 6308. Obtaining foreign bank records from banks with United States 
           correspondent accounts.
Sec. 6309. Additional damages for repeat Bank Secrecy Act violators.
Sec. 6310. Certain violators barred from serving on boards of United 
           States financial institutions.
Sec. 6311. Department of Justice report on deferred and non-prosecution 
           agreements.
Sec. 6312. Return of profits and bonuses.
Sec. 6313. Prohibition on concealment of the source of assets in 
           monetary transactions.
Sec. 6314. Updating whistleblower incentives and protection.

  TITLE LXIV--ESTABLISHING BENEFICIAL OWNERSHIP INFORMATION REPORTING 
                              REQUIREMENTS

Sec. 6401. Short title.
Sec. 6402. Sense of Congress.
Sec. 6403. Beneficial ownership information reporting requirements.

                        TITLE LXV--MISCELLANEOUS

Sec. 6501. Investigations and prosecution of offenses for violations of 
           the securities laws.
Sec. 6502. GAO and Treasury studies on beneficial ownership information 
           reporting requirements.
Sec. 6503. GAO study on feedback loops.
Sec. 6504. GAO CTR study and report.
Sec. 6505. GAO studies on trafficking.
Sec. 6506. Treasury study and strategy on trade-based money laundering.
Sec. 6507. Treasury study and strategy on money laundering by the 
           People's Republic of China.
Sec. 6508. Treasury and Justice study on the efforts of authoritarian 
           regimes to exploit the financial system of the United States.
Sec. 6509. Authorization of appropriations.
Sec. 6510. Discretionary surplus funds.
Sec. 6511. Severability.

  DIVISION G--ELIJAH E. CUMMINGS COAST GUARD AUTHORIZATION ACT OF 2020

Sec. 8001. Short title.
Sec. 8002. Definition of Commandant.

                      TITLE LVXXXI--AUTHORIZATIONS

Sec. 8101. Authorizations of appropriations.

[[Page 134 STAT. 3417]]

Sec. 8102. Authorized levels of military strength and training.
Sec. 8103. Determination of budgetary effects.
Sec. 8104. Availability of amounts for acquisition of additional 
           National Security Cutter.
Sec. 8105. Procurement authority for Polar Security Cutters.
Sec. 8106. Sense of the Congress on need for new Great Lakes icebreaker.
Sec. 8107. Procurement authority for Great Lakes icebreaker.
Sec. 8108. Polar Security Cutter acquisition report.
Sec. 8109. Shoreside infrastructure.
Sec. 8110. Major acquisition systems infrastructure.
Sec. 8111. Polar icebreakers.
Sec. 8112. Acquisition of fast response cutter.

                       TITLE LVXXXII--COAST GUARD

                 Subtitle A--Military Personnel Matters

Sec. 8201. Grade on retirement.
Sec. 8202. Authority for officers to opt out of promotion board 
           consideration.
Sec. 8203. Temporary promotion authority for officers in certain grades 
           with critical skills.
Sec. 8204. Career intermission program.
Sec. 8205. Direct commissioning authority for individuals with critical 
           skills.
Sec. 8206. Employment assistance.

             Subtitle B--Organization and Management Matters

Sec. 8211. Congressional affairs; Director.
Sec. 8212. Limitations on claims.
Sec. 8213. Renewal of temporary early retirement authority.
Sec. 8214. Major acquisitions; operation and sustainment costs.
Sec. 8215. Support of women serving in the Coast Guard.
Sec. 8216. Disposition of infrastructure related to E-LORAN.
Sec. 8217. Positions of importance and responsibility.
Sec. 8218. Research projects; transactions other than contracts and 
           grants.
Sec. 8219. Acquisition workforce authorities.
Sec. 8220. Vessel conversion, alteration, and repair projects.
Sec. 8221. Modification of acquisition process and procedures.
Sec. 8222. Establishment and purpose of Fund; definition.
Sec. 8223. Payments from Fund.
Sec. 8224. Determination of contributions to Fund.
Sec. 8225. Payments into Fund.

        Subtitle C--Access to Child Care for Coast Guard Families

Sec. 8231. Report on child care and school-age care assistance for 
           qualified families.
Sec. 8232. Review of family support services website and online tracking 
           system.
Sec. 8233. Study and survey on Coast Guard child care needs.
Sec. 8234. Pilot program to expand access to child care.
Sec. 8235. Improvements to Coast Guard-owned family housing.
Sec. 8236. Briefing on transfer of family child care provider 
           qualifications and certifications.
Sec. 8237. Inspections of Coast Guard child development centers and 
           family child care providers.
Sec. 8238. Expanding opportunities for family child care.
Sec. 8239. Definitions.

                           Subtitle D--Reports

Sec. 8240. Modifications of certain reporting requirements.
Sec. 8241. Report on cybersecurity workforce.
Sec. 8242. Report on navigation and bridge resource management.
Sec. 8243. Report on helicopter life-cycle support and recapitalization.
Sec. 8244. Report on Coast Guard response capabilities for cyber 
           incidents on vessels entering ports or waters of the United 
           States.
Sec. 8245. Study and report on Coast Guard interdiction of illicit drugs 
           in transit zones.
Sec. 8246. Report on liability limits set in section 1004 of the Oil 
           Pollution Act of 1990.
Sec. 8247. Report on Coast Guard defense readiness resources allocation.
Sec. 8248. Report on the feasibility of liquefied natural gas fueled 
           vessels.
Sec. 8249. Coast Guard authorities study.
Sec. 8250. Report on effects of climate change on Coast Guard.
Sec. 8251. Shore infrastructure.
Sec. 8252. Coast Guard housing; status and authorities briefing.

[[Page 134 STAT. 3418]]

Sec. 8253. Physical access control system report.
Sec. 8254. Study on Certificate of Compliance inspection program with 
           respect to vessels that carry bulk liquefied gases as cargo 
           and liquefied natural gas tank vessels.
Sec. 8255. Comptroller General of the United States review and report on 
           Coast Guard's International Port Security Program.
Sec. 8256. Comptroller General of the United States review and report on 
           surge capacity of the Coast Guard.
Sec. 8257. Comptroller General of the United States review and report on 
           marine inspections program of Coast Guard.
Sec. 8258. Comptroller General of the United States review and report on 
           information technology program of Coast Guard.
Sec. 8259. Comptroller General of the United States study and report on 
           access to health care by members of Coast Guard and 
           dependents.
Sec. 8260. Comptroller General of the United States study and report on 
           medical staffing standards and needs for Coast Guard.
Sec. 8261. Report on fast response cutters, offshore patrol cutters, and 
           national security cutters.

             Subtitle E--Coast Guard Academy Improvement Act

Sec. 8271. Short title.
Sec. 8272. Coast Guard Academy study.
Sec. 8273. Annual report.
Sec. 8274. Assessment of Coast Guard Academy admission processes.
Sec. 8275. Coast Guard Academy minority outreach team program.
Sec. 8276. Coast Guard college student pre-commissioning initiative.
Sec. 8277. Annual board of visitors.
Sec. 8278. Homeland Security rotational cybersecurity research program 
           at Coast Guard Academy.

                        Subtitle F--Other Matters

Sec. 8281. Strategy on leadership of Coast Guard.
Sec. 8282. Expedited transfer in cases of sexual assault; dependents of 
           members of the Coast Guard.
Sec. 8283. Access to resources during creosote-related building closures 
           at Coast Guard Base Seattle, Washington.
Sec. 8284. Southern resident orca conservation and enforcement.
Sec. 8285. Sense of Congress and report on implementation of policy on 
           issuance of warrants and subpoenas and whistleblower 
           protections by agents of the Coast Guard Investigative 
           Service.
Sec. 8286. Inspector General report on access to Equal Opportunity 
           Advisors and Equal Employment Opportunity Specialists.
Sec. 8287. Insider Threat Program.

                        TITLE LVXXXIII--MARITIME

                         Subtitle A--Navigation

Sec. 8301. Electronic charts; equivalency.
Sec. 8302. Subrogated claims.
Sec. 8303. Loan provisions under Oil Pollution Act of 1990.
Sec. 8304. Oil pollution research and development program.

                          Subtitle B--Shipping

Sec. 8311. Passenger vessel security and safety requirements; 
           application.
Sec. 8312. Small passenger vessels and uninspected passenger vessels.
Sec. 8313. Non-operating individual.
Sec. 8314. Conforming amendments: training; public safety personnel.
Sec. 8315. Maritime transportation assessment.
Sec. 8316. Engine cut-off switches; use requirement.
Sec. 8317. Authority to waive operator of self-propelled uninspected 
           passenger vessel requirements.
Sec. 8318. Exemptions and equivalents.
Sec. 8319. Renewal of merchant mariner licenses and documents.
Sec. 8320. Certificate extensions.
Sec. 8321. Vessel safety standards.
Sec. 8322. Medical standards.

                     Subtitle C--Advisory Committees

Sec. 8331. Advisory committees.
Sec. 8332. Maritime Transportation System National Advisory Committee.
Sec. 8333. Expired maritime liens.

[[Page 134 STAT. 3419]]

Sec. 8334. Great Lakes Pilotage Advisory Committee.
Sec. 8335. National Commercial Fishing Safety Advisory Committee.
Sec. 8336. Exemption of commercial fishing vessels operating in Alaskan 
           Region from Global Maritime Distress and Safety System 
           requirements of Federal Communications Commission.

                            Subtitle D--Ports

Sec. 8341. Port, harbor, and coastal facility security.
Sec. 8342. Aiming laser pointer at vessel.
Sec. 8343. Safety of special activities.
Sec. 8344. Security plans; reviews.
Sec. 8345. Vessel traffic service.
Sec. 8346. Transportation work identification card pilot program.

                      TITLE LVXXXIV--MISCELLANEOUS

                   Subtitle A--Navigation and Shipping

Sec. 8401. Coastwise trade.
Sec. 8402. Towing vessels operating outside boundary line.
Sec. 8403. Sense of Congress regarding the maritime industry of the 
           United States.
Sec. 8404. Cargo preference study.
Sec. 8405. Towing vessel inspection fees review.

                  Subtitle B--Maritime Domain Awareness

Sec. 8411. Unmanned maritime systems and satellite vessel tracking 
           technologies.
Sec. 8412. Unmanned aircraft systems testing.
Sec. 8413. Land-based unmanned aircraft system program of Coast Guard.
Sec. 8414. Prohibition on operation or procurement of foreign-made 
           unmanned aircraft systems.
Sec. 8415. United States commercial space-based radio frequency maritime 
           domain awareness testing and evaluation program.
Sec. 8416. Authorization of use of automatic identification systems 
           devices to mark fishing equipment.

                           Subtitle C--Arctic

Sec. 8421. Coast Guard Arctic prioritization.
Sec. 8422. Arctic PARS Native engagement.
Sec. 8423. Voting requirement.
Sec. 8424. Report on the Arctic capabilities of the Armed Forces.
Sec. 8425. Report on Arctic search and rescue.
Sec. 8426. Arctic Shipping Federal Advisory Committee.

                        Subtitle D--Other Matters

Sec. 8431. Plan for wing-in-ground demonstration plan.
Sec. 8432. Northern Michigan oil spill response planning.
Sec. 8433. Documentation of LNG tankers.
Sec. 8434. Replacement vessel.
Sec. 8435. Educational vessel.
Sec. 8436. Waters deemed not navigable waters of the United States for 
           certain purposes.
Sec. 8437. Anchorages.
Sec. 8438. Comptroller General of the United States study and report on 
           vertical evacuation for tsunamis at Coast Guard Stations in 
           Washington and Oregon.
Sec. 8439. Authority to enter into agreements with National Coast Guard 
           Museum Association.
Sec. 8440. Video equipment; access and retention of records.
Sec. 8441. Regulations for covered small passenger vessels.

     TITLE LVXXXV--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS

Sec. 8501. Transfers.
Sec. 8502. Additional transfers.
Sec. 8503. License exemptions; repeal of obsolete provisions.
Sec. 8504. Maritime transportation system.
Sec. 8505. References to ``persons'' and ``seamen''.
Sec. 8506. References to ``himself'' and ``his''.
Sec. 8507. Miscellaneous technical corrections.
Sec. 8508. Technical corrections relating to codification of Ports and 
           Waterways Safety Act.

[[Page 134 STAT. 3420]]

Sec. 8509. Aids to navigation.
Sec. 8510. Transfers related to employees of Lighthouse Service.
Sec. 8511. Transfers related to surviving spouses of Lighthouse Service 
           employees.
Sec. 8512. Repeals related to lighthouse statutes.
Sec. 8513. Common appropriation structure.

               TITLE LVXXXVI--FEDERAL MARITIME COMMISSION

Sec. 8601. Short title.
Sec. 8602. Authorization of appropriations.
Sec. 8603. Unfinished proceedings.
Sec. 8604. National Shipper Advisory Committee.
Sec. 8605. Transfer of Federal Maritime Commission provisions.

                        DIVISION H--OTHER MATTERS

                   TITLE XC--HOMELAND SECURITY MATTERS

Sec. 9001. Department of Homeland Security CISA Director.
Sec. 9002. Sector risk management agencies.
Sec. 9003. Review and analysis of inland waters seaport security.
Sec. 9004. Department of Homeland Security reports on digital content 
           forgery technology.
Sec. 9005. GAO study of cybersecurity insurance.
Sec. 9006. Strategy to secure email.
Sec. 9007. Department of Homeland Security large-scale non-intrusive 
           inspection scanning plan.

                   TITLE XCI--VETERANS AFFAIRS MATTERS

Sec. 9101. Modification of licensure requirements for Department of 
           Veterans Affairs health care professionals providing 
           treatment via telemedicine.
Sec. 9102. Additional care for newborn children of veterans.
Sec. 9103. Expansion of eligibility for HUD-VASH.
Sec. 9104. Study on unemployment rate of women veterans who served on 
           active duty in the Armed Forces after September 11, 2001.
Sec. 9105. Access of veterans to Individual Longitudinal Exposure 
           Record.
Sec. 9106. Department of Veterans Affairs report on undisbursed funds.
Sec. 9107. Transfer of Mare Island Naval Cemetery to Secretary of 
           Veterans Affairs for maintenance by National Cemetery 
           Administration.
Sec. 9108. Comptroller General report on Department of Veterans Affairs 
           handling of disability compensation claims by certain 
           veterans.
Sec. 9109. Additional diseases associated with exposure to certain 
           herbicide agents for which there is a presumption of service 
           connection for veterans who served in the Republic of 
           Vietnam.

                   TITLE XCII--COMMUNICATIONS MATTERS

Sec. 9201. Reliable emergency alert distribution improvement.
Sec. 9202. Wireless supply chain innovation and multilateral security.
Sec. 9203. Spectrum information technology modernization efforts.
Sec. 9204. Internet of Things.

                    TITLE XCIII--INTELLIGENCE MATTERS

Sec. 9301. Requirement for facilitation of establishment of social media 
           data and threat analysis center.
Sec. 9302. Independent study on identifying and addressing threats that 
           individually or collectively affect national security, 
           financial security, or both.

           TITLE XCIV--SCIENCE, SPACE, AND TECHNOLOGY MATTERS

                    Subtitle A--Cybersecurity Matters

Sec. 9401. Improving national initiative for cybersecurity education.
Sec. 9402. Development of standards and guidelines for improving 
           cybersecurity workforce of Federal agencies.
Sec. 9403. Modifications to Federal cyber scholarship-for-service 
           program.
Sec. 9404. Additional modifications to Federal cyber scholarship-for-
           service program.
Sec. 9405. Cybersecurity in programs of the National Science Foundation.
Sec. 9406. Cybersecurity in STEM programs of the National Aeronautics 
           and Space Administration.
Sec. 9407. National cybersecurity challenges.

                        Subtitle B--Other Matters

Sec. 9411. Established Program to Stimulate Competitive Research.

[[Page 134 STAT. 3421]]

Sec. 9412. Industries of the future.
Sec. 9413. National Institute of Standards and Technology Manufacturing 
           Extension Partnership program supply chain database.
Sec. 9414. Study on Chinese policies and influence in the development of 
           international standards for emerging technologies.
Sec. 9415. Coordination with Hollings Manufacturing Extension 
           Partnership Centers.

                  TITLE XCV--NATURAL RESOURCES MATTERS

Sec. 9501. Transfer of funds for Oklahoma City national memorial 
           endowment fund.
Sec. 9502. Workforce issues for military realignments in the Pacific.
Sec. 9503. Affirmation of authority for non-oil and gas operations on 
           the outer Continental Shelf.

                TITLE XCVI--OVERSIGHT AND REFORM MATTERS

Sec. 9601. Inventory of program activities of Federal agencies.
Sec. 9602. Preservation of electronic messages and other records.
Sec. 9603. Continuity of the economy plan.

                 TITLE XCVII--FINANCIAL SERVICES MATTERS

           Subtitle A--Kleptocracy Asset Recovery Rewards Act

Sec. 9701. Short title.
Sec. 9702. Sense of Congress.
Sec. 9703. Department of the Treasury Kleptocracy Asset Recovery Rewards 
           Pilot Program.

             Subtitle B--Combating Russian Money Laundering

Sec. 9711. Short title.
Sec. 9712. Statement of policy.
Sec. 9713. Sense of Congress.
Sec. 9714. Determination with respect to primary money laundering 
           concern of Russian illicit finance.

                        Subtitle C--Other Matters

Sec. 9721. Certified notice at completion of an assessment.
Sec. 9722. Ensuring Chinese debt transparency.
Sec. 9723. Accountability for World Bank Loans to China.
Sec. 9724. Fairness for Taiwan nationals regarding employment at 
           international financial institutions.

 TITLE XCIX--CREATING HELPFUL INCENTIVES TO PRODUCE SEMICONDUCTORS FOR 
                                 AMERICA

Sec. 9901. Definitions.
Sec. 9902. Semiconductor incentives.
Sec. 9903. Department of Defense.
Sec. 9904. Department of Commerce study on status of microelectronics 
           technologies in the United States industrial base.
Sec. 9905. Funding for development and adoption of measurably secure 
           semiconductors and measurably secure semiconductors supply 
           chains.
Sec. 9906. Advanced microelectronics research and development.
Sec. 9907. Prohibition relating to foreign entities of concern.
Sec. 9908. Defense Production Act of 1950 efforts.

                         TITLE C--OTHER MATTERS

Sec. 10001. AMBER Alert nationwide.
Sec. 10002. Improving authority for operation of unmanned aircraft for 
           educational purposes.
Sec. 10003. Prohibition on provision of airport improvement grant funds 
           to certain entities that have violated intellectual property 
           rights of United States entities.
Sec. 10004. Study and report on the affordability of insulin.
Sec. 10005. Waiver authority with respect to institutions located in an 
           area affected by Hurricane Maria.
Sec. 10006. Farm and ranch mental health.

SEC. 3. <<NOTE: 10 USC 101 note.>>  CONGRESSIONAL DEFENSE 
                    COMMITTEES.

    In <<NOTE: Definition.>>  this Act, the term ``congressional defense 
committees'' has the meaning given that term in section 101(a)(16) of 
title 10, United States Code.

[[Page 134 STAT. 3422]]

SEC. 4. BUDGETARY EFFECTS OF THIS ACT.

    The budgetary effects of this Act, for the purpose of complying with 
the Statutory Pay-As-You-Go Act of 2010, shall be determined by 
reference to the latest statement titled ``Budgetary Effects of PAYGO 
Legislation'' for this Act, jointly submitted for printing in the 
Congressional Record by the Chairmen of the House and Senate Budget 
Committees, provided that such statement has been submitted prior to the 
vote on passage in the House acting first on the conference report or 
amendment between the Houses.

            DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS

                          TITLE I--PROCUREMENT

               Subtitle A--Authorization of Appropriations

Sec. 101. Authorization of appropriations.

                        Subtitle B--Army Programs

Sec. 111. Modifications to requirement for an interim cruise missile 
           defense capability.
Sec. 112. Report and limitations on acquisition of Integrated Visual 
           Augmentation System.
Sec. 113. Assessment of investment and sustainment for procurement of 
           cannon tubes.

                        Subtitle C--Navy Programs

Sec. 121. Limitation on alteration of the Navy fleet mix.
Sec. 122. Limitations on Navy medium and large unmanned surface vessels.
Sec. 123. Fighter force structure acquisition strategy.
Sec. 124. Procurement authorities for certain amphibious shipbuilding 
           programs.
Sec. 125. Land-based test program for the FFG(X) Frigate program.
Sec. 126. Treatment in future budgets of the President of systems added 
           by Congress.
Sec. 127. Extension of prohibition on availability of funds for Navy 
           waterborne security barriers.
Sec. 128. Report on strategy to use ALQ-249 Next Generation Jammer to 
           ensure full spectrum electromagnetic superiority.

                     Subtitle D--Air Force Programs

Sec. 131. Minimum operational squadron level.
Sec. 132. Modification of force structure objectives for bomber 
           aircraft.
Sec. 133. Minimum bomber aircraft force level.
Sec. 134. Required minimum inventory of tactical airlift aircraft.
Sec. 135. Inventory requirements for air refueling tanker aircraft.
Sec. 136. Authority to use F-35A fighter aircraft AT-1 through AT-6.
Sec. 137. F-35 aircraft gun system ammunition.
Sec. 138. Extension of limitation on availability of funds for 
           retirement of RC-135 aircraft.
Sec. 139. Modification to limitation on retirement of U-2 and RQ-4 
           aircraft.
Sec. 140. Modification of limitation on availability of funds for 
           retirement of E-8 JSTARS aircraft.
Sec. 141. Limitation on divestment of F-15C aircraft within the European 
           theater.
Sec. 142. Modernization plan for airborne intelligence, surveillance, 
           and reconnaissance.
Sec. 143. RC-26B manned intelligence, surveillance, and reconnaissance 
           aircraft.
Sec. 144. Prohibition on funding for Close Air Support Integration 
           Group.
Sec. 145. Required solution for KC-46 aircraft remote visual system 
           limitations.
Sec. 146. Analysis of moving target indicator requirements and Advanced 
           Battle Management System capabilities.
Sec. 147. Study on measures to assess cost-per-effect for key mission 
           areas.

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

Sec. 151. Budgeting for life-cycle costs of aircraft for the Army, Navy, 
           and Air Force.

[[Page 134 STAT. 3423]]

Sec. 152. Transfer of responsibilities and functions relating to 
           electromagnetic spectrum operations.
Sec. 153. Cryptographic modernization schedules.
Sec. 154. Department of Defense participation in the Special Federal 
           Aviation Regulation Working Group.
Sec. 155. Integrated air and missile defense assessment.
Sec. 156. Joint strategy for air base defense against missile threats.
Sec. 157. Joint All Domain Command and Control requirements.
Sec. 158. Expansion of economic order quantity contracting authority for 
           F-35 aircraft program.
Sec. 159. Documentation relating to the F-35 aircraft program.
Sec. 160. F-35 aircraft munitions.
Sec. 161. Redesign strategy for the Autonomic Logistics Information 
           System for the F-35 fighter aircraft.
Sec. 162. Briefings on software regression testing for F-35 aircraft.
Sec. 163. Prohibition on use of funds for the Armed Overwatch Program.
Sec. 164. Acceleration of development and fielding of counter unmanned 
           aircraft systems across the joint force.
Sec. 165. Airborne intelligence, surveillance, and reconnaissance 
           acquisition roadmap for the United States Special Operations 
           Command.
Sec. 166. Prohibition on divestiture of manned intelligence, 
           surveillance, and reconnaissance aircraft operated by United 
           States Special Operations Command.
Sec. 167. Notification on efforts to replace inoperable ejection seat 
           aircraft locator beacons.

               Subtitle A--Authorization of Appropriations

SEC. 101. AUTHORIZATION OF APPROPRIATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2021 
for procurement for the Army, the Navy and the Marine Corps, the Air 
Force and the Space Force, and Defense-wide activities, as specified in 
the funding table in section 4101.

                        Subtitle B--Army Programs

SEC. 111. MODIFICATIONS TO REQUIREMENT FOR AN INTERIM CRUISE 
                        MISSILE DEFENSE CAPABILITY.

    (a) <<NOTE: Deadline. Timeline.>>  Plan.--Not later than January 15, 
2021, the Secretary of the Army shall submit to the congressional 
defense committees the plan, including a timeline, to operationally 
deploy or forward station the interim cruise missile defense capability 
procured pursuant to section 112 of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 
1660) in an operational theater or theaters.

    (b) Modification of Waiver.--Paragraph (4) of section 112(b) of the 
John S. McCain National Defense Authorization Act for Fiscal Year 2019 
(132 Stat. 1661) is amended to read as follows:
            ``(4) Waiver.--The Secretary of the Army may waive the 
        deadlines specified in paragraph (1):
                    ``(A) <<NOTE: Determination.>>  For the deadline 
                specified in paragraph (1)(A), if the Secretary 
                determines that sufficient funds have not been 
                appropriated to enable the Secretary to meet such 
                deadline.
                    ``(B) <<NOTE: Certification.>>  For the deadline 
                specified in paragraph (1)(B), if the Secretary submits 
                to the congressional defense committees a certification 
                that--
                          ``(i) allocating resources toward procurement 
                      of an integrated enduring capability would provide 
                      robust tiered and layered protection to the joint 
                      force; or

[[Page 134 STAT. 3424]]

                          ``(ii) additional time is required to complete 
                      testing, training, and preparation for operational 
                      capability.''.
SEC. 112. REPORT AND LIMITATIONS ON ACQUISITION OF INTEGRATED 
                        VISUAL AUGMENTATION SYSTEM.

    (a) Report Required.--
            (1) In general.--Not later than August 15, 2021, but after 
        completion of operational testing of the Integrated Visual 
        Augmentation System (IVAS), the Secretary of the Army shall 
        submit to the congressional defense committees a report on the 
        Integrated Visual Augmentation System.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) <<NOTE: Strategy. Cost estimate.>>  The 
                acquisition strategy for the Integrated Visual 
                Augmentation System, including an estimate of the 
                average production unit cost, a schedule for full-rate 
                production, and an identification of any hardware and 
                software changes in the System as a result of 
                operational testing.
                    (B) A description of the technology levels required 
                for full-rate production of the System.
                    (C) A description of operational suitability and 
                soldier acceptability for the production-representative 
                model System.

    (b) <<NOTE: Deadline.>>  Assessment Required.--Not later than 30 
days after the submittal of the report required by subsection (a), the 
Director of Operational Test and Evaluation shall submit to the 
congressional defense committees an assessment of the matters described 
pursuant to subparagraphs (B) and (C) of subsection (a)(2).

    (c) Limitation on Use of Funds.--Of the funds authorized to be 
appropriated by this Act or otherwise made available for fiscal year 
2021 for procurement of the Integrated Visual Augmentation System, not 
more than 75 percent may be obligated or expended until the date on 
which the Secretary submits to the congressional defense committees the 
report required by subsection (a).
SEC. 113. ASSESSMENT OF INVESTMENT AND SUSTAINMENT FOR PROCUREMENT 
                        OF CANNON TUBES.

    (a) Assessment Required.--The Secretary of the Army shall conduct an 
assessment of the development, production, procurement, and 
modernization of the defense industrial base for cannon and large 
caliber weapon tubes.
    (b) <<NOTE: Reports.>>  Submittal to Congress.--Not later than 90 
days after the date of the enactment of this Act, the Secretary shall 
submit to the congressional defense committees a report setting forth 
the assessment conducted under subsection (a).

                        Subtitle C--Navy Programs

SEC. 121. LIMITATION ON ALTERATION OF THE NAVY FLEET MIX.

    (a) Limitation.--
            (1) In general.--The Secretary of the Navy may not deviate 
        from the large surface combatant requirements included in the 
        2016 Navy Force Structure Assessment until the date on which the 
        Secretary submits to the congressional defense committees the 
        certification under paragraph (2) and the report under 
        subsection (b).

[[Page 134 STAT. 3425]]

            (2) Certification.--The certification referred to in 
        paragraph (1) is a certification, in writing, that the Navy can 
        mitigate the reduction in multi-mission large surface combatant 
        requirements, including anti-air and ballistic missile defense 
        capabilities, due to having a reduced number of DDG-51 
        Destroyers with the advanced AN/SPY-6 radar in the next three 
        decades.

    (b) Report.--Not later than 90 days after the date of the enactment 
of this Act, the Secretary of the Navy shall submit to the congressional 
defense committees a report that includes--
            (1) <<NOTE: Mitigation plan.>>  a description of likely 
        detrimental impacts to the large surface combatant industrial 
        base, and a plan to mitigate such impacts, if the fiscal year 
        2021 future-years defense program is implemented as proposed;
            (2) <<NOTE: Review. Analysis.>>  a review of the benefits to 
        the Navy fleet of the new AN/SPY-6 radar to be deployed aboard 
        Flight III variant DDG-51 Destroyers, which are currently under 
        construction, as well as an analysis of impacts to the 
        warfighting capabilities of the fleet should the number of such 
        destroyers be reduced; and
            (3) <<NOTE: Implementation plan.>>  a plan to fully 
        implement section 131 of the National Defense Authorization for 
        Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1237), including 
        subsystem prototyping efforts and funding by fiscal year.
SEC. 122. LIMITATIONS ON NAVY MEDIUM AND LARGE UNMANNED SURFACE 
                        VESSELS.

    (a) Milestone B Approval Requirements.--Milestone B approval may not 
be granted for a covered program unless such program accomplishes prior 
to and incorporates into such approval--
            (1) qualification by the Senior Technical Authority of--
                    (A) at least one representative main propulsion 
                system, including the fuel and lube oil systems; and
                    (B) at least one representative electrical 
                generation and distribution system;
            (2) final results of test programs of engineering 
        development models or prototypes showing that critical systems 
        designated pursuant to subparagraph (C) of section 8669b(c)(2) 
        of title 10, United States Code, are demonstrated as required by 
        subparagraph (I) of that section; and
            (3) <<NOTE: Determination.>>  a determination by the 
        milestone decision authority of the minimum number of vessels, 
        discrete test events, performance parameters to be tested, and 
        schedule required to complete initial operational test and 
        evaluation and demonstrate operational suitability and 
        operational effectiveness.

    (b) Qualification Requires Operational Demonstration.--The 
qualification required in subsection (a)(1) shall include a land-based 
operational demonstration of the systems concerned in the vessel-
representative form, fit, and function for not less than 720 continuous 
hours without preventative maintenance, corrective maintenance, emergent 
repair, or any other form of repair or maintenance.
    (c) <<NOTE: Requirement.>>  Use of Qualified Systems.--The Secretary 
of the Navy shall require that covered programs use only main propulsion 
systems and electrical generation and distribution systems that are 
qualified under subsection (a)(1).

[[Page 134 STAT. 3426]]

    (d) Limitation on Contract Award or Funding.--
            (1) <<NOTE: Notification.>>  In general.--The Secretary may 
        not award a detail design or construction contract, or obligate 
        funds from a procurement account, for a covered program until 
        such program receives Milestone B approval and the milestone 
        decision authority notifies the congressional defense 
        committees, in writing, of the actions taken to comply with the 
        requirements under this section.
            (2) Exception.--The limitation in paragraph (1) does not 
        apply to advanced procurement for government-furnished 
        equipment.

    (e) Definitions.--In this section:
            (1) Covered program.--The term ``covered program'' means a 
        program for--
                    (A) medium unmanned surface vessels; or
                    (B) large unmanned surface vessels.
            (2) Milestone b approval.--The term ``Milestone B approval'' 
        has the meaning given the term in section 2366(e)(7) of title 
        10, United States Code.
            (3) Milestone decision authority.--The term ``milestone 
        decision authority'' means the official within the Department of 
        Defense designated with the overall responsibility and authority 
        for acquisition decisions for an acquisition program, including 
        authority to approve entry of the program into the next phase of 
        the acquisition process.
            (4) Senior technical authority.--The term ``Senior Technical 
        Authority'' has the meaning provided for in section 8669b of 
        title 10, United States Code.
SEC. 123. FIGHTER FORCE STRUCTURE ACQUISITION STRATEGY.

    (a) <<NOTE: Deadline.>>  Submittal of Strategy Required.--Not later 
than March 1, 2021, the Secretary of the Navy shall submit to the 
congressional defense committees a strategy for the Navy for tactical 
fighter aircraft force structure acquisition that aligns with the stated 
capability and capacity requirements of the Department of the Navy to 
meet the National Defense Strategy.

    (b) <<NOTE: Approval.>>  Limitation on Deviation From Strategy.--The 
Secretary of the Navy may not deviate from the strategy submitted under 
subsection (a) until--
            (1) <<NOTE: Consultation.>>  the Secretary of Defense, in 
        consultation with the Chairman of the Joint Chiefs of Staff, 
        approves the deviation, in writing; and
            (2) the Secretary of Defense provides the congressional 
        defense committees the approval of the deviation, together with 
        a justification for the deviation.
SEC. 124. PROCUREMENT AUTHORITIES FOR CERTAIN AMPHIBIOUS 
                        SHIPBUILDING PROGRAMS.

    (a) Contract Authority.--
            (1) Procurement authorized.--In fiscal year 2021, the 
        Secretary of the Navy may enter into one or more contracts for 
        the procurement of three San Antonio-class amphibious ships and 
        one America-class amphibious ship.
            (2) Procurement in conjunction with existing contracts.--The 
        ships authorized to be procured under paragraph (1) may be 
        procured as additions to existing contracts covering such 
        programs.

[[Page 134 STAT. 3427]]

    (b) <<NOTE: Deadline.>>  Certification Required.--A contract may not 
be entered into under subsection (a) unless the Secretary of the Navy 
certifies to the congressional defense committees, in writing, not later 
than 30 days before entry into the contract, each of the following, 
which shall be prepared by the milestone decision authority for such 
programs:
            (1) The use of such a contract is consistent with the 
        projected force structure requirements of the Department of the 
        Navy for amphibious ships.
            (2) The use of such a contract will result in significant 
        savings compared to the total anticipated costs of carrying out 
        the program through annual contracts. <<NOTE: Cost estimates.>>  
        In certifying cost savings under the preceding sentence, the 
        Secretary shall include a written explanation of--
                    (A) the estimated end cost and appropriated funds by 
                fiscal year, by hull, without the authority provided in 
                subsection (a);
                    (B) the estimated end cost and appropriated funds by 
                fiscal year, by hull, with the authority provided in 
                subsection (a);
                    (C) the estimated cost savings or increase by fiscal 
                year, by hull, with the authority provided in subsection 
                (a);
                    (D) the discrete actions that will accomplish such 
                cost savings or avoidance; and
                    (E) the contractual actions that will ensure the 
                estimated cost savings are realized.
            (3) There is a reasonable expectation that throughout the 
        contemplated contract period the Secretary will request funding 
        for the contract at the level required to avoid contract 
        cancellation.
            (4) There is a stable design for the property to be acquired 
        and the technical risks associated with such property are not 
        excessive.
            (5) The estimates of both the cost of the contract and the 
        anticipated cost avoidance through the use of a contract 
        authorized under subsection (a) are realistic.
            (6) The use of such a contract will promote the national 
        security of the United States.
            (7) During the fiscal year in which such contract is to be 
        awarded, sufficient funds will be available to perform the 
        contract in such fiscal year, and the future-years defense 
        program (as defined under section 221 of title 10, United States 
        Code) for such fiscal year will include the funding required to 
        execute the program without cancellation.

    (c) Authority for Advance Procurement.--The Secretary of the Navy 
may enter into one or more contracts for advance procurement associated 
with a vessel or vessels for which authorization to enter into a 
contract is provided under subsection (a), and for systems and 
subsystems associated with such vessels in economic order quantities 
when cost savings are achievable.
    (d) Condition for Out-year Contract Payments.--A contract entered 
into under subsection (a) shall provide that any obligation of the 
United States to make a payment under the contract for a fiscal year is 
subject to the availability of appropriations for that purpose for such 
fiscal year.

[[Page 134 STAT. 3428]]

    (e) Milestone Decision Authority Defined.--In this section. the term 
``milestone decision authority'' has the meaning given the term in 
section 2366a(d) of title 10, United States Code.
SEC. 125. LAND-BASED TEST PROGRAM FOR THE FFG(X) FRIGATE PROGRAM.

    (a) Test Program for Engineering Plant Required.--Prior to the 
delivery date of the lead ship in the FFG(X) Frigate class of vessels, 
the Secretary of the Navy shall commence a land-based test program for 
the engineering plant of such class of vessels.
    (b) Administration.--The test program required by subsection (a) 
shall be administered by the Senior Technical Authority for the FFG(X) 
Frigate class of vessels.
    (c) Elements.--The test program required by subsection (a) shall 
include, at a minimum, testing of the following equipment in vessel-
representative form:
            (1) Main Reduction Gear.
            (2) Electrical Propulsion Motors.
            (3) Other propulsion drive train components.
            (4) Main propulsion system.
            (5) Auxiliary propulsion unit.
            (6) Electrical generation system,
            (7) Shipboard control systems.
            (8) Power control modules,

    (d) Test Objectives.--The test program required by subsection (a) 
shall include, at a minimum, the following test objectives demonstrated 
across the full range of engineering plant operations for the FFG(X) 
Frigate class of vessels:
            (1) Test of the full propulsion drive train.
            (2) Test and facilitation of machinery control systems 
        integration.
            (3) Simulation of the full range of electrical demands to 
        enable the investigation of load dynamics between the Hull, 
        Mechanical and Electrical equipment, Combat System, and 
        auxiliary equipment.

    (e) Completion Date.--The Secretary shall complete the test program 
required by subsection (a) by not later than the date on which the lead 
ship in the FFG(X) Frigate class of vessels is scheduled to be available 
for tasking by operational military commanders.
    (f) Definitions.--In this section:
            (1) Delivery date.--The term ``delivery date'' has the 
        meaning provided for in section 8671 of title 10, United States 
        Code.
            (2) Senior technical authority.--The term ``Senior Technical 
        Authority'' has the meaning provided for in section 8669b of 
        title 10, United States Code.
SEC. 126. <<NOTE: 10 USC 221 note.>>  TREATMENT IN FUTURE BUDGETS 
                        OF THE PRESIDENT OF SYSTEMS ADDED BY 
                        CONGRESS.

    In the event the procurement quantity for a system authorized by 
Congress in a National Defense Authorization Act for a fiscal year, and 
for which funds for such procurement quantity are appropriated by 
Congress in the Shipbuilding and Conversion, Navy account for such 
fiscal year, exceeds the procurement quantity specified in the budget of 
the President, as submitted to Congress under section 1105 of title 31, 
United States Code, for such fiscal year, such excess procurement 
quantity shall not be specified as

[[Page 134 STAT. 3429]]

a new procurement quantity in any budget of the President, as so 
submitted, for any fiscal year after such fiscal year.
SEC. 127. EXTENSION OF PROHIBITION ON AVAILABILITY OF FUNDS FOR 
                        NAVY WATERBORNE SECURITY BARRIERS.

    Section 130(a) of the John S. McCain National Defense Authorization 
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1665), as 
amended by section 126 of the National Defense Authorization Act for 
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1235), is further amended 
by striking ``for fiscal year 2019 or fiscal year 2020'' and inserting 
``for fiscal years 2019, 2020, or 2021''.
SEC. 128. REPORT ON STRATEGY TO USE ALQ-249 NEXT GENERATION JAMMER 
                        TO ENSURE FULL SPECTRUM ELECTROMAGNETIC 
                        SUPERIORITY.

    (a) <<NOTE: Consultation.>>  Report.--Not later than July 30, 2021, 
the Secretary of the Navy, in consultation with the Vice Chairman of the 
Joint Chiefs, shall submit to the congressional defense committees a 
report with a strategy to ensure full spectrum electromagnetic 
superiority using the ALQ-249 Next Generation Jammer.

    (b) Elements.--The report required by subsection (a) shall include 
the following elements:
            (1) <<NOTE: Analysis.>>  A description of the current 
        procurement strategy for the ALQ-249, and the analysis of its 
        capability to meet the radio frequency (RF) ranges required in 
        highly contested and denied environment conflicts.
            (2) <<NOTE: Assessment.>>  An assessment of the 
        compatibility and ability of the ALQ-249 to synchronize non-
        kinetic fires using other Joint Electronic Warfare (EW) 
        platforms.
            (3) A future model of an interlinked/interdependent 
        electronic warfare menu of options for commanders at tactical, 
        operational, and strategic levels.

                     Subtitle D--Air Force Programs

SEC. 131. MINIMUM OPERATIONAL SQUADRON LEVEL.

    (a) Policy on Air Force Aviation Force Structure.--As soon as 
practicable after the date of the enactment of this Act and subject to 
the availability of appropriations, the Secretary of the Air Force shall 
seek to achieve the capabilities provided by a minimum of 386 available 
operational squadrons, or equivalent organizational units. In addition, 
the Secretary shall seek to achieve not fewer than 3,580 combat coded 
aircraft within the Air Force.
    (b) <<NOTE: Consultation. Determination. Reports.>>  Exception to 
Policy.--If, based on the fielding of new capabilities and formal force 
structure capability assessments supporting the most recent National 
Defense Strategy, the Secretary of the Air Force, in consultation with 
the Chief of Staff of the Air Force and the Chairman of the Joint Chiefs 
of Staff, makes a determination that a modification to the quantity of 
operational squadrons or combat-coded aircraft in subsection (a) is 
necessary, the Secretary shall submit a report at the earliest 
opportunity to the congressional defense committees describing the 
modifications of the revised force structure and how the quantity of 
combat coded aircraft and operational squadrons developed supports a 
moderate operational risk force structure in support of the National 
Defense Strategy.

[[Page 134 STAT. 3430]]

    (c) Expiration of Policy.--The policy in subsection (a) shall expire 
on September 30, 2025.
    (d) Moderate Operational Risk Defined.--In this section, the term 
``moderate operational risk'' shall be construed as defined in the most 
recent publication of the Chairman of the Joint Chiefs of Staff Manual 
3105.01 titled ``Joint Risk Analysis''.
SEC. 132. <<NOTE: 10 USC 9062 note.>>  MODIFICATION OF FORCE 
                        STRUCTURE OBJECTIVES FOR BOMBER AIRCRAFT.

    (a) Minimum Level for All Bomber Aircraft.--
            (1) <<NOTE: Time period.>>  In general.--During the period 
        beginning on the date of the enactment of this Act and ending on 
        October 1, 2025, the Secretary of the Air Force shall, except as 
        provided in paragraph (2), maintain not less than 92 bomber 
        aircraft based on the Primary Mission Aircraft Inventory (PMAI) 
        of the Air Force.
            (2) <<NOTE: Determination.>>  Exception.--The Secretary may 
        reduce the number of aircraft required by the Primary Mission 
        Aircraft Inventory below the number specified in paragraph (1) 
        if the Secretary determines, on a case-by-case basis, that a 
        bomber aircraft is no longer to be so required because such 
        aircraft is no longer mission capable due to mishap or other 
        damage, or being uneconomical to repair.

    (b) Repeal of Minimum B-1 Inventory Requirement.--Section 9062 of 
title 10, United States Code, is amended by striking subsection (h).
    (c) Preservation of Certain B-1 Aircraft and Maintenance 
Personnel.--Until the date on which the Secretary determines that the B-
21 bomber aircraft has attained initial operating capability, the 
Secretary--
            (1) shall preserve four B-1 aircraft that are retired 
        pursuant to subsection (a), in a manner that ensures the 
        components and parts of each such aircraft are maintained in 
        reclaimable condition that is consistent with type 2000 
        recallable storage, or better; and
            (2) may not reduce the number of billets assigned to 
        maintenance of B-1 aircraft in effect on January 1, 2020.
SEC. 133. MINIMUM BOMBER AIRCRAFT FORCE LEVEL.

    (a) <<NOTE: Reports. Recommenda- tions.>>  In General.--Not later 
than February 1, 2021, the Secretary of the Air Force shall submit to 
the congressional defense committees a report with recommendations for 
the bomber aircraft force structure that enables the Air Force to meet 
the requirements of its long-range strike mission under the National 
Defense Strategy.

    (b) Elements.--The report required by subsection (a) shall include 
each of the following elements:
            (1) The bomber force structure necessary to meet the 
        requirements of the long-range strike mission of the Air Force 
        under the National Defense Strategy, including--
                    (A) the total minimum number of bomber aircraft; and
                    (B) the minimum number of primary mission aircraft.
            (2) The penetrating bomber force structure necessary to meet 
        the requirements of the long-range strike mission of the Air 
        Force in contested or denied environments under the National 
        Defense Strategy, including--

[[Page 134 STAT. 3431]]

                    (A) the total minimum number of penetrating bomber 
                aircraft; and
                    (B) the minimum number of primary mission 
                penetrating bomber aircraft.
            (3) A roadmap outlining how the Air Force plans to reach the 
        force structure identified under paragraphs (1) and (2), 
        including an established goal date for achieving the minimum 
        number of bomber aircraft.

    (c) <<NOTE: Classified information.>>  Form.--The report under 
subsection (a) shall be submitted in unclassified form, but may include 
a classified annex.

    (d) <<NOTE: Public information.>>  Publication.--The Secretary shall 
make available to the public the unclassified form of the report 
submitted under subsection (a).

    (e) Bomber Aircraft Defined.--In this section, the term ``bomber 
aircraft'' includes penetrating bombers in addition to B-52H aircraft.
SEC. 134. REQUIRED MINIMUM INVENTORY OF TACTICAL AIRLIFT AIRCRAFT.

    (a) In General.--The Secretary of the Air Force shall maintain--
            (1) a total primary mission aircraft inventory of 230 
        aircraft; and
            (2) a total tactical airlift aircraft inventory of not less 
        than 287 aircraft.

    (b) <<NOTE: Determination.>>  Exception.--The Secretary of the Air 
Force may reduce the number of C-130 aircraft in the Air Force below the 
minimum number specified in subsection (a) if the Secretary of the Air 
Force determines, on a case-by-case basis, that an aircraft is no longer 
mission capable because of a mishap or other damage.

    (c) Savings Clause.--During fiscal year 2021, the Secretary of the 
Air Force is prohibited from reducing the total tactical airlift 
aircraft inventory entirely from the National Guard.
    (d) Sunset.--This section shall not apply after October 1, 2021.
SEC. 135. <<NOTE: Time periods.>>  INVENTORY REQUIREMENTS FOR AIR 
                        REFUELING TANKER AIRCRAFT.

    (a) In General.--During the period beginning on the date of the 
enactment of this Act and ending on October 1, 2025, the Secretary of 
the Air Force shall maintain not less than 412 tanker aircraft based on 
Primary Mission Aircraft Inventory (PMAI) of the Air Force.
    (b) Minimum Inventory Requirements for KC-10A Aircraft.--Except as 
provided in subsection (e)(1):
            (1) Fiscal year 2021.--During the period beginning on the 
        date of the enactment of this Act and ending on October 1, 2021, 
        the Secretary of the Air Force shall maintain a minimum of 50 
        KC-10A aircraft designated as primary mission aircraft 
        inventory.
            (2) Fiscal year 2022.--During the period beginning on 
        October 1, 2021, and ending on October 1, 2022, the Secretary of 
        the Air Force shall maintain a minimum of 38 KC-10A aircraft 
        designated as primary mission aircraft inventory.
            (3) Fiscal year 2023.--During the period beginning on 
        October 1, 2022, and ending on October 1, 2023, the Secretary of 
        the Air Force shall maintain a minimum of 26 KC-10A aircraft 
        designated as primary mission aircraft inventory.

[[Page 134 STAT. 3432]]

    (c) Prohibition on Retirement of KC-135 Aircraft.--Except as 
provided in subsection (e), during the period beginning on the date of 
the enactment of this Act and ending on October 1, 2023, the Secretary 
of the Air Force may not retire, or prepare to retire, any KC-135 
aircraft.
    (d) KC-135 Aircraft Fleet Management.--None of the funds authorized 
to be appropriated by this Act or otherwise made available for fiscal 
year 2021 for the Air Force may be obligated or expended to reduce the 
number of KC-135 aircraft designated as primary mission aircraft 
inventory.
    (e) Exceptions.--
            (1) <<NOTE: Determination.>>  KC-10A aircraft.--The 
        requirement in subsection (b) shall not apply to an aircraft 
        otherwise required to be maintained by that subsection if the 
        the Secretary of the Air Force determines, on a case-by-case 
        basis, that such aircraft is no longer mission capable due to 
        mishap or other damage, or being uneconomical to repair.
            (2) KC-135 aircraft.--The requirement in subsection (c) 
        shall not apply to an aircraft otherwise required to be 
        maintained by that subsection if the Secretary of the Air 
        Force--
                    (A) <<NOTE: Determination.>>  at any time during the 
                period beginning on the date of the enactment of this 
                Act and ending on October 1, 2023, determines, on a 
                case-by-case basis, that such aircraft is no longer 
                mission capable due to mishap or other damage, or being 
                uneconomical to repair; or
                    (B) <<NOTE: Certification. Deadline.>>  during 
                fiscal year 2023, certifies in writing to the 
                congressional defense committees, not later than 30 days 
                before the date of divestment of such aircraft, that the 
                Air Force can meet combatant command tanker aircraft 
                requirements by leveraging Air National Guard and Air 
                Force Reserve capacity with increased Military Personnel 
                Appropriation (MPA) Man-day Tours to the reserve force.

    (f) Primary Mission Aircraft Inventory Defined.--In this section, 
the term ``primary mission aircraft inventory'' has the meaning given 
that term in section 9062(i)(2)(B) of title 10, United States Code.
SEC. 136. AUTHORITY TO USE F-35A FIGHTER AIRCRAFT AT-1 THROUGH AT-
                        6.

    (a) <<NOTE: Approval.>>  In General.--Subject to written approval by 
the Secretary of Defense to the Secretary of the Air Force, the 
Secretary of the Air Force is authorized to utilize, modify, and operate 
the six F-35A aircraft designated as AT-1 through AT-6 that are 
possessed by the United Government and currently reside in long-term 
storage at Edwards Air Force Base, California.

    (b) <<NOTE: Deadline. Records.>>  Notice on Approval.--Not later 
than 15 days after the Secretary of Defense provides written approval to 
the Secretary of the Air Force as described in subsection (a), the 
Secretary of Defense shall provide a copy of the written approval to the 
congressional defense committees.
SEC. 137. F-35 AIRCRAFT GUN SYSTEM AMMUNITION.

    The <<NOTE: Consultation.>>  Director of the F-35 Joint Program 
Office shall, in consultation with the Secretary of the Air Force, take 
appropriate actions to ensure that any 25mm ammunition fielded for use 
by F-35A aircraft--
            (1) provides effective full-spectrum target engagement 
        capability; and

[[Page 134 STAT. 3433]]

            (2) meets the required operational employment probability of 
        kill specifications for the F-35A aircraft.
SEC. 138. EXTENSION OF LIMITATION ON AVAILABILITY OF FUNDS FOR 
                        RETIREMENT OF RC-135 AIRCRAFT.

    Section 148(a) of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116-92; 133 Stat. 1243) is amended by inserting 
``, or for fiscal year 2021,'' after ``for fiscal year 2020''.
SEC. 139. MODIFICATION TO LIMITATION ON RETIREMENT OF U-2 AND RQ-4 
                        AIRCRAFT.

    Section 136 of the National Defense Authorization Act for Fiscal 
Year 2018 (Public Law 115-91; 131 Stat. 1317) is amended by striking 
subsection (b) and inserting the following new subsection (b):
    ``(b) <<NOTE: Determinations. Analyses. Certifications.>>  Waiver.--
The Secretary of Defense may waive a certification requirement under 
paragraphs (1) or (2) of subsection (a) with respect to U-2 aircraft or 
RQ-4 aircraft if the Secretary--
            ``(1) with respect to the requirement under paragraph (1) of 
        that subsection--
                    ``(A) determines, after analyzing sufficient and 
                relevant data, that a greater capability is worth 
                increased operating and sustainment costs; and
                    ``(B) provides to the appropriate committees of 
                Congress a certification on such determination and 
                supporting analysis; and
            ``(2) with respect to the requirement under paragraph (2) of 
        that subsection--
                    ``(A) determines, after analyzing sufficient and 
                relevant data, that a loss in capacity and capability 
                will not prevent the combatant commands from 
                accomplishing their missions at acceptable levels of 
                risk; and
                    ``(B) provides to the appropriate committees of 
                Congress a certification of such determination and 
                supporting analysis.''.
SEC. 140. MODIFICATION OF LIMITATION ON AVAILABILITY OF FUNDS FOR 
                        RETIREMENT OF E-8 JSTARS AIRCRAFT.

    Section 147 of the John S. McCain National Defense Authorization Act 
for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1669) is amended--
            (1) <<NOTE: Certification.>>  in subsection (a), by striking 
        ``certifies to the congressional defense committees that 
        Increment 2 of the Advanced Battle-Management System of the Air 
        Force has declared initial operational capability as defined in 
        the Capability Development Document for the System'' and 
        inserting ``certifies to the congressional defense committees 
        that--
            ``(1) the Secretary has identified--
                    ``(A) a capability with sufficient capacity to 
                replace the current fleet of 16 E-8 Joint Surveillance 
                Target Attack Radar System aircraft in a manner that 
                meets global combatant command requirements; and
                    ``(B) potential global basing locations for such 
                capability; and
            ``(2) such replacement capability delivers capabilities that 
        are comparable or superior to the capabilities delivered by such 
        aircraft.''; and
            (2) in subsection (c)--

[[Page 134 STAT. 3434]]

                    (A) in paragraph (3), by striking ``Increment 1, 2, 
                and 3''; and
                    (B) in paragraph (4), by striking ``until Increment 
                2 of the Advanced Battle-Management System declares 
                initial operational capability'' and inserting ``until 
                the Advanced Battle Management System delivers 
                equivalent capability''.
SEC. 141. LIMITATION ON DIVESTMENT OF F-15C AIRCRAFT WITHIN THE 
                        EUROPEAN THEATER.

    (a) <<NOTE: Time period.>>  In General.--The Secretary of the Air 
Force may not divest any F-15C aircraft within the area of 
responsibility of the United States European Command until 180 days 
after the report required by subsection (b) is submitted to the 
congressional defense committees.

    (b) Report.--
            (1) <<NOTE: Consultation. Strategy. Implementation plan.>>  
        In general.--Not later than March 1, 2021, the Commander of the 
        United States European Command shall, in consultation with the 
        Commander of United States Air Forces Europe, submit to the 
        congressional defense committees a report that describes the 
        strategy, force structure construct and capacity, and strategy 
        implementation plan to replace the capability and capacity 
        provided by the F-15C aircraft in the area of responsibility of 
        the United States European Command in a manner that maintains an 
        inherent and equal or better air superiority capability and 
        capacity to that provided by the F-15C aircraft in that area of 
        responsibility.
            (2) <<NOTE: Classified information.>>  Form.--The report 
        under paragraph (1) shall submitted in unclassified form, but 
        may contain a classified annex.
SEC. 142. MODERNIZATION PLAN FOR AIRBORNE INTELLIGENCE, 
                        SURVEILLANCE, AND RECONNAISSANCE.

    (a) Modernization Plan.--
            (1) In general.--The Secretary of the Air Force shall 
        develop a comprehensive plan for the modernization of airborne 
        intelligence, surveillance, and reconnaissance, which shall--
                    (A) ensure the alignment between requirements, both 
                current and future, and Air Force budget submissions to 
                meet such requirements; and
                    (B) inform the preparation of future defense program 
                and budget requests by the Secretary, and the 
                consideration of such requests by Congress.
            (2) <<NOTE: Analyses.>>  Elements.--The plan required by 
        paragraph (1) shall include the following:
                    (A) <<NOTE: Assessment.>>  An assessment of all 
                airborne intelligence, surveillance, and reconnaissance 
                missions, both current missions and future missions 
                anticipated to be necessary to support the national 
                defense strategy.
                    (B) An analysis of platforms, capabilities, and 
                capacities necessary to fulfill such current and future 
                missions.
                    (C) The anticipated life-cycle budget associated 
                with each platform, capability, and capacity requirement 
                for both current and anticipated future requirements.
                    (D) An analysis showing operational, budget, and 
                schedule trade-offs between sustainment of currently 
                fielded capabilities, modernization of currently fielded 
                capabilities, and development and production of new 
                capabilities.

[[Page 134 STAT. 3435]]

    (b) Report to Congress.--
            (1) In general.--Not later than March 30, 2021, the 
        Secretary of the Air Force shall submit to the congressional 
        defense committees a report that includes--
                    (A) the comprehensive modernization plan required by 
                subsection (a); and
                    (B) <<NOTE: Strategy.>>  a strategy for carrying out 
                such plan through fiscal year 2030.
            (2) <<NOTE: Classified information.>>  Form.--The report 
        required under paragraph (1) shall be submitted in unclassified 
        form, but may include a classified annex.
SEC. 143. RC-26B MANNED INTELLIGENCE, SURVEILLANCE, AND 
                        RECONNAISSANCE AIRCRAFT.

    (a) Limitation.--Except as provided in subsection (b), none of the 
funds authorized to be appropriated by this Act or otherwise made 
available for fiscal year 2021 for the Air Force may be obligated or 
expended to retire, divest, realign, or place in storage or on backup 
aircraft inventory status, or prepare to retire, divest, realign, or 
place in storage or on backup aircraft inventory status, any RC-26B 
aircraft.
    (b) <<NOTE: Determination.>>  Exception.--The limitation in 
subsection (a) shall not apply to individual RC-26B aircraft that the 
Secretary of the Air Force determines, on a case-by-case basis, to be no 
longer mission capable because of mishap or other damage.

    (c) <<NOTE: Transfer authority.>>  Funding for Aircraft Platform.--
            (1) Of the amount authorized to be appropriated for fiscal 
        year 2021 by section 301 for operation and maintenance and 
        available for operation and maintenance, Air National Guard, as 
        specified in the funding table in section 4301, the Secretary of 
        the Air Force may transfer up to $18,500,000 to be used in 
        support of the RC-26B manned intelligence, surveillance, and 
        reconnaissance platform.
            (2) Of the amount authorized to be appropriated for fiscal 
        year 2021 by section 421 and available for military personnel 
        for military personnel, Air National Guard, specified in the 
        funding table in section 4401, the Secretary of the Air Force 
        may transfer up to $13,000,000 to be used in support of 
        personnel who operate and maintain the RC-26B manned 
        intelligence, surveillance, and reconnaissance platform.

    (d) Memoranda of Agreement.--Notwithstanding any other provision of 
law, the Secretary of Defense may enter into one or more memoranda of 
agreement or cost sharing agreements with other departments and agencies 
of the Federal Government under which the RC-26B aircraft may be used to 
assist with the missions and activities of such departments and 
agencies.
SEC. 144. <<NOTE: Nevada.>>  PROHIBITION ON FUNDING FOR CLOSE AIR 
                        SUPPORT INTEGRATION GROUP.

    No funds authorized to be appropriated by this Act may be obligated 
or expended for the Close Air Support Integration Group (CIG) or its 
subordinate units at Nellis Air Force Base, Nevada, and the Air Force 
may not utilize personnel or equipment in support of the CIG or its 
subordinate units.

[[Page 134 STAT. 3436]]

SEC. 145. REQUIRED SOLUTION FOR KC-46 AIRCRAFT REMOTE VISUAL 
                        SYSTEM LIMITATIONS.

    The Secretary of the Air Force shall develop and implement a 
complete, permanent solution to the KC-46 aircraft remote visual system 
(RVS) operational limitations. <<NOTE: Deadline. Implementation 
strategy.>>  Not later than February 1, 2021, the Secretary shall submit 
to the congressional defense committees an implementation strategy for 
the solution.
SEC. 146. <<NOTE: Deadlines.>>  ANALYSIS OF MOVING TARGET 
                        INDICATOR REQUIREMENTS AND ADVANCED BATTLE 
                        MANAGEMENT SYSTEM CAPABILITIES.

    (a) <<NOTE: Consultation.>>  Analysis.--Not later than April 1, 
2021, the Secretary of the Air Force, in consultation with the 
commanders of the combatant commands, shall develop an analysis of 
current and future moving target indicator requirements across the 
combatant commands and operational and tactical level command and 
control capabilities the Advanced Battle Management System (ABMS) will 
require when fielded.

    (b) JROC Requirements.--
            (1) <<NOTE: Certification.>>  In general.--Not later than 60 
        days after the Secretary of the Air Force develops the analysis 
        under subsection (a), the Joint Requirements Oversight Council 
        (JROC) shall certify that requirements for the Advanced Battle 
        Management System incorporate the findings of the analysis.
            (2) <<NOTE: Briefing.>>  Congressional notification.--The 
        Joint Requirements Oversight Council shall notify the 
        congressional defense committees upon making the certification 
        required under paragraph (1), and provide a briefing on the 
        requirements and findings described in such paragraph not later 
        than 30 days after such notification.
SEC. 147. STUDY ON MEASURES TO ASSESS COST-PER-EFFECT FOR KEY 
                        MISSION AREAS.

    (a) <<NOTE: Deadline.>>  In General.--Not later than January 1, 
2021, the Secretary of the Air Force shall provide for the performance 
of an independent study designed to devise new measures to assess cost-
per-effect for key mission areas of the Air Force. The study shall be 
conducted by a Federally funded research and development center selected 
by the Secretary for purposes of the study.

    (b) Scope.--The study conducted pursuant to subsection (a) shall 
address the following matters:
            (1) Number of weapon systems required to meet a specified 
        mission goal.
            (2) Number of personnel required to meet a specified mission 
        goal.
            (3) Associated operation and maintenance costs necessary to 
        facilitate respective operational constructs.
            (4) Basing requirements for respective force constructs.
            (5) Mission support elements required to facilitate 
        specified operations.
            (6) Defensive measures required to facilitate viable mission 
        operations.
            (7) Attrition due to enemy countermeasures and other loss 
        factors associated with respective technologies.
            (8) Associated weapon effects costs compared to alternative 
        forms of power projection.

[[Page 134 STAT. 3437]]

    (c) Implementation of Measures.--The Secretary shall, as the 
Secretary considers appropriate, incorporate the findings of the study 
conducted pursuant to subsection (a) into the future force development 
processes of the Air Force. The measures--
            (1) should be domain and platform agnostic;
            (2) should focus on how best to achieve mission goals in 
        future operations; and
            (3) shall consider including cost-per-effect metrics as a 
        key performance parameter for any Air Force acquisition programs 
        that enter the Joint Capabilities Integration and Development 
        System (JCIDS) requirements process of the Department of 
        Defense.

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

SEC. 151. BUDGETING FOR LIFE-CYCLE COSTS OF AIRCRAFT FOR THE ARMY, 
                        NAVY, AND AIR FORCE.

    (a) In General.--Chapter 9 of title 10, United States Code, is 
amended by inserting after section 231 the following new section:
``Sec. 231a. <<NOTE: 10 USC 231a.>>  Budgeting for life-cycle 
                  costs of aircraft for the Army, Navy, and Air 
                  Force: annual plan and certification

    ``(a) <<NOTE: Deadline.>>  Annual Aircraft Procurement Plan and 
Certification.--Not later than 30 days after the date on which the 
President submits to Congress the budget for a fiscal year, the 
Secretary of Defense shall submit to the congressional defense 
committees the following:
            ``(1) A plan for the procurement of the aircraft specified 
        in subsection (b) for each of the Department of the Army, the 
        Department of the Navy, and the Department of the Air Force 
        developed in accordance with this section.
            ``(2) A certification by the Secretary that both the budget 
        for such fiscal year and the future-years defense program 
        submitted to Congress in relation to such budget under section 
        221 of this title provide for funding of the procurement of 
        aircraft at a level that is sufficient for the procurement of 
        the aircraft provided for in the plan under paragraph (1) on the 
        schedule provided in the plan.

    ``(b) Covered Aircraft.--The aircraft specified in this subsection 
are the aircraft as follows:
            ``(1) Fighter aircraft.
            ``(2) Attack aircraft.
            ``(3) Bomber aircraft.
            ``(4) Intertheater lift aircraft.
            ``(5) Intratheater lift aircraft.
            ``(6) Intelligence, surveillance, and reconnaissance 
        aircraft.
            ``(7) Tanker aircraft.
            ``(8) Remotely piloted aircraft.
            ``(9) Rotary-wing aircraft.
            ``(10) Operational support and executive lift aircraft.
            ``(11) Any other major support aircraft designated by the 
        Secretary of Defense for purposes of this section.

    ``(c) Annual Aircraft Procurement Plan.--(1) The annual aircraft 
procurement plan developed for a fiscal year for purposes of subsection 
(a) should be designed so that the aviation force

[[Page 134 STAT. 3438]]

provided for under the plan is capable of supporting the national 
military strategy of the United States as set forth in the most recent 
National Defense Strategy submitted under section 113(g) of this title 
and the most recent National Military Strategy submitted under section 
153(b) of this title.
    ``(2) Each annual aircraft procurement plan shall include the 
following:
            ``(A) <<NOTE: Time period.>>  A detailed program for the 
        procurement of the aircraft specified in subsection (b) for each 
        of the Department of the Army, the Department of the Navy, and 
        the Department of the Air Force over the next 15 fiscal years.
            ``(B) A description of the aviation force structure 
        necessary to meet the requirements of the national military 
        strategy of the United States.
            ``(C) <<NOTE: Cost estimate.>>  The estimated levels of 
        annual investment funding necessary to carry out each aircraft 
        program, together with a discussion of the procurement 
        strategies on which such estimated levels of annual investment 
        funding are based, set forth in aggregate for the Department of 
        Defense and in aggregate for each military department.
            ``(D) <<NOTE: Cost estimate.>>  The estimated level of 
        annual funding necessary to operate, maintain, sustain, and 
        support each aircraft program throughout the life-cycle of the 
        program, set forth in aggregate for the Department of Defense 
        and in aggregate for each military department.
            ``(E) For each of the cost estimates required by 
        subparagraphs (C) and (D)--
                    ``(i) a description of whether the cost estimate is 
                derived from the cost estimate position of the military 
                department concerned or from the cost estimate position 
                of the Office of Cost Assessment and Program Evaluation;
                    ``(ii) if the cost estimate position of the military 
                department and the cost estimate position of the Office 
                of Cost Assessment and Program Evaluation differ by more 
                than 5 percent for any aircraft program, an annotated 
                cost estimate difference and sufficient rationale to 
                explain the difference;
                    ``(iii) the confidence or certainty level associated 
                with the cost estimate for each aircraft program; and
                    ``(iv) <<NOTE: Certification.>>  a certification 
                that the calculations from which the cost estimate is 
                derived are based on common cost categories used by the 
                Under Secretary of Defense for Acquisition and 
                Sustainment for calculating the life-cycle cost of an 
                aircraft program.
            ``(F) <<NOTE: Assessment.>>  An assessment by the Secretary 
        of Defense of the extent to which the combined aircraft forces 
        of the Department of the Army, the Department of the Navy, and 
        the Department of the Air Force meet the national security 
        requirements of the United States.

    ``(3) For any cost estimate required by subparagraph (C) or (D) of 
paragraph (2) for any aircraft program for which the Secretary is 
required to include in a report under section 2432 of this title, the 
source of the cost information used to prepare the annual aircraft plan 
shall be derived from the Selected Acquisition Report data that the 
Secretary plans to submit to the congressional defense committees in 
accordance with subsection (f) of that section for the year for which 
the annual aircraft procurement plan is prepared.

[[Page 134 STAT. 3439]]

    ``(4) <<NOTE: Classified information.>>  Each annual aircraft 
procurement plan shall be submitted in unclassified form, and shall 
contain a classified <<NOTE: Summary. Public information.>>  annex. A 
summary version of the unclassified report shall be made available to 
the public.

    ``(d) Assessment When Aircraft Procurement Budget Is Insufficient to 
Meet Applicable Requirements.--If the budget for any fiscal year 
provides for funding of the procurement of aircraft for the Department 
of the Army, the Department of the Navy, or the Department of the Air 
Force at a level that is not sufficient to sustain the aviation force 
structure specified in the aircraft procurement plan for such Department 
for that fiscal year under subsection (a), the Secretary shall include 
with the defense budget materials for that fiscal year an assessment 
that describes the funding shortfall and discusses the risks associated 
with the reduced force structure of aircraft that will result from 
funding aircraft procurement at such level. The assessment shall be 
coordinated in advance with the commanders of the combatant commands.
    ``(e) Annual Report on Aircraft Inventory.--(1) As part of the 
annual plan and certification required to be submitted under this 
section, the Secretary shall include a report on the aircraft in the 
inventory of the Department of Defense.
    ``(2) Each report under paragraph (1) shall include the following, 
for the year covered by such report, the following:
            ``(A) The total number of aircraft in the inventory.
            ``(B) The total number of the aircraft in the inventory that 
        are active, stated in the following categories (with appropriate 
        subcategories for mission aircraft, training aircraft, dedicated 
        test aircraft, and other aircraft):
                    ``(i) Primary aircraft.
                    ``(ii) Backup aircraft.
                    ``(iii) Attrition and reconstitution reserve 
                aircraft.
            ``(C) The total number of the aircraft in the inventory that 
        are inactive, stated in the following categories:
                    ``(i) Bailment aircraft.
                    ``(ii) Drone aircraft.
                    ``(iii) Aircraft for sale or other transfer to 
                foreign governments.
                    ``(iv) Leased or loaned aircraft.
                    ``(v) Aircraft for maintenance training.
                    ``(vi) Aircraft for reclamation.
                    ``(vii) Aircraft in storage.
            ``(D) The aircraft inventory requirements approved by the 
        Joint Chiefs of Staff.

    ``(3) Each report under paragraph (1) shall set forth each item 
specified in paragraph (2) separately for the regular component of each 
armed force and for each reserve component of each armed force and, for 
each such component, shall set forth each type, model, and series of 
aircraft provided for in the future-years defense program that covers 
the fiscal year for which the budget accompanying the plan, 
certification and report is submitted.
    ``(f) Budget Defined.--In this section, the term `budget' means the 
budget of the President for a fiscal year as submitted to Congress 
pursuant to section 1105 of title 31.''.

[[Page 134 STAT. 3440]]

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 9 of such title <<NOTE: 10 USC 221 prec.>>  is amended by 
inserting after the item relating to section 231 the following new item:

``231a. Budgeting for life-cycle costs of aircraft for the Army, Navy, 
           and Air Force: annual plan and certification.''.

SEC. 152. <<NOTE: Deadlines. Time periods. 10 USC 113 note.>>  
                        TRANSFER OF RESPONSIBILITIES AND FUNCTIONS 
                        RELATING TO ELECTROMAGNETIC SPECTRUM 
                        OPERATIONS.

    (a) Transfer.--Not later than two years after the date of the 
enactment of this Act and in accordance with the plan developed pursuant 
to subsection (b), the Secretary of Defense shall transfer to an 
appropriate entity within the Department of Defense all the 
responsibilities and functions of the Commander of the United States 
Strategic Command that are germane to electromagnetic spectrum 
operations (EMSO), including--
            (1) advocacy for joint electronic warfare capabilities;
            (2) providing contingency electronic warfare support to 
        other combatant commands; and
            (3) supporting combatant command joint training and planning 
        related to electromagnetic spectrum operations.

    (b) Plan for Transfer of Responsibilities.--
            (1) In general.--Not later than 180 days before the date of 
        the transfer of responsibilities required by subsection (a), the 
        Secretary shall develop a plan to carry out the transfer.
            (2) Considerations.--In developing the plan required by 
        paragraph (1), the Secretary shall consider the following:
                    (A) All appropriate entities having potential for 
                designation as the receiving electromagnetic spectrum 
                operations organization, including elements of the Joint 
                Staff, the functional and geographic combatant commands, 
                Department of Defense offices and agencies, and other 
                organizations, including the establishment of a new 
                entity for that purpose within any such entity.
                    (B) Whether the receiving electromagnetic spectrum 
                operations organization should have a unitary structure 
                or hybrid structure (in which operational and capability 
                development and direction are headed by separate 
                organizations).
                    (C) The resources required by the receiving 
                electromagnetic spectrum operations organization to 
                fulfill the responsibilities and functions specified in 
                subsection (a).
                    (D) The results of the evaluations carried out 
                pursuant to subsections (c) and (d).
            (3) Submittal to congress.--Not later than 180 days before 
        the date of the transfer of responsibilities required by 
        subsection (a), the Secretary shall submit to Congress the 
        following:
                    (A) The plan developed under paragraph (1).
                    (B) The construct and elements of the receiving 
                electromagnetic spectrum operations organization under 
                the plan, including the allocation of responsibilities 
                among senior officials in such organization.
                    (C) <<NOTE: Analysis.>>  The analysis conducted to 
                determine the electromagnetic spectrum operations 
                organization, including the input in the plan or 
                analysis of the results of consultation

[[Page 134 STAT. 3441]]

                with any independent entities involved in development of 
                the plan.
                    (D) The resources required to implement the plan, 
                and a timeline for the receiving electromagnetic 
                spectrum operations organization to reach initial 
                operational capability and full operational capability.

    (c) Evaluations of Armed Forces.--
            (1) In general.--Not later than October 1, 2021, and 
        annually thereafter through 2025, the Chief of Staff of the 
        Army, the Chief of Naval Operations, the Chief of Staff of the 
        Air Force, the Commandant of the Marine Corps, and the Chief of 
        Space Operations shall each carry out an evaluation of the 
        ability of the Armed Force concerned to perform electromagnetic 
        spectrum operations missions required by each of the following:
                    (A) The Electromagnetic Spectrum Superiority 
                Strategy.
                    (B) The Joint Staff-developed concept of operations 
                for electromagnetic spectrum operations.
                    (C) The operations and contingency plans of the 
                combatant commands.
            (2) Elements.--Each evaluation under paragraph (1) shall 
        include assessment of the following:
                    (A) Current programs of record, including--
                          (i) the ability of weapon systems to perform 
                      missions in contested electromagnetic spectrum 
                      environments; and
                          (ii) the ability of electronic warfare 
                      capabilities to disrupt adversary operations.
                    (B) Future programs of record, including--
                          (i) the need for distributed or network-
                      centric electronic warfare and signals 
                      intelligence capabilities; and
                          (ii) the need for automated and machine 
                      learning- or artificial intelligence-assisted 
                      electronic warfare capabilities.
                    (C) Order of battle.
                    (D) Individual and unit training.
                    (E) Tactics, techniques, and procedures, including--
                          (i) maneuver, distribution of assets, and the 
                      use of decoys; and
                          (ii) integration of nonkinetic and kinetic 
                      fires.

    (d) Evaluations of Combatant Commands.--
            (1) In general.--Not later than October 1, 2021, and 
        annually thereafter through 2025, the Commander of the United 
        States European Command, the Commander of the United States 
        Pacific Command, and the Commander of the United States Central 
        Command shall each carry out an evaluation of the plans and 
        posture of the command concerned to execute the electromagnetic 
        spectrum operations envisioned in each of the following:
                    (A) The Electromagnetic Spectrum Superiority 
                Strategy.
                    (B) The Joint Staff-developed concept of operations 
                for electromagnetic spectrum operations.
            (2) Elements.--Each evaluation under paragraph (1) shall 
        include assessment of the following:
                    (A) Operation and contingency plans.

[[Page 134 STAT. 3442]]

                    (B) The manning, organizational alignment, and 
                capability of joint electromagnetic spectrum operations 
                cells.
                    (C) Mission rehearsal and exercises.
                    (D) Force positioning, posture, and readiness.

    (e) Semiannual Briefing.--Not less frequently than twice each year 
until January 1, 2026, the Vice Chairman of the Joint Chiefs of Staff 
shall brief the Committees on Armed Services of the Senate and the House 
of Representatives on the implementation of this section by each of the 
Joint Staff, the Armed Forces, and the combatant commands.
SEC. 153. <<NOTE: 10 USC 142 note.>>  CRYPTOGRAPHIC MODERNIZATION 
                        SCHEDULES.

    (a) Cryptographic Modernization Schedules Required.--Each of the 
Secretaries of the military departments and the heads of relevant 
Defense Agencies and Department of Defense Field Activities shall 
establish and maintain a cryptographic modernization schedule that 
specifies, for each pertinent weapon system, command and control system, 
or data link under the jurisdiction of such Secretary or head, including 
those that use commercial encryption technologies (as relevant), the 
following:
            (1) The last year of use for applicable cryptographic 
        algorithms.
            (2) Anticipated key extension requests for systems where 
        cryptographic modernization is assessed to be overly burdensome 
        and expensive or to provide limited operational utility.
            (3) The funding and deployment schedule for modernized 
        cryptographic algorithms, keys, and equipment over the future-
        years defense program submitted to Congress pursuant to section 
        221 of title 10, United States Code, in 2021 together with the 
        budget of the President for fiscal year 2022.

    (b) Requirements for Chief Information Officer.--The Chief 
Information Officer of the Department of Defense shall--
            (1) oversee the construction and implementation of the 
        cryptographic modernization schedules required by subsection 
        (a);
            (2) establish and maintain an integrated cryptographic 
        modernization schedule for the entire Department of Defense, 
        collating the cryptographic modernization schedules required 
        under subsection (a); and
            (3) <<NOTE: Coordination.>>  in coordination with the 
        Director of the National Security Agency and the Joint Staff 
        Director for Command, Control, Communications, and Computers/
        Cyber, use the budget certification, standard-setting, and 
        policy-making authorities provided in section 142 of title 10, 
        United States Code, to amend Armed Force and Defense Agency and 
        Field Activity plans for key extension requests and 
        cryptographic modernization funding and deployment that pose 
        unacceptable risk to military operations.

    (c) <<NOTE: Deadline.>>  Annual Notices.--Not later than January 1, 
2022, and not less frequently than once each year thereafter until 
January 1, 2026, the Chief Information Officer and the Joint Staff 
Director shall jointly submit to the congressional defense committees 
notification of all--
            (1) delays to or planned delays of Armed Force and Defense 
        Agency and Field Activity funding and deployment of modernized 
        cryptographic algorithms, keys, and equipment over the previous 
        year; and

[[Page 134 STAT. 3443]]

            (2) changes in plans or schedules surrounding key extension 
        requests and waivers, including--
                    (A) unscheduled or unanticipated key extension 
                requests; and
                    (B) unscheduled or unanticipated waivers and 
                nonwaivers of scheduled or anticipated key extension 
                requests.
SEC. 154. DEPARTMENT OF DEFENSE PARTICIPATION IN THE SPECIAL 
                        FEDERAL AVIATION REGULATION WORKING GROUP.

    (a) Designation of DoD Representatives.--The Secretary of Defense 
shall designate the Department of Defense representatives to the Special 
Federal Aviation Regulation Working Group.
    (b) Limitation on Availability of Funds for OSD.--Of the aggregate 
amount authorized to be appropriated by this Act for fiscal year 2021 
and available for the Office of the Secretary of Defense, not more than 
75 percent may be obligated or expended until the later of the 
following:
            (1) <<NOTE: Certification.>>  The date on which Secretary 
        certifies, in writing, to the appropriate committees of Congress 
        that the Department representatives to the Special Federal 
        Aviation Regulation Working Group have been designated as 
        required by subsection (a).
            (2) <<NOTE: Recommenda- tions.>>  The date on which the 
        Special Federal Aviation Regulation Working Group submits to the 
        appropriate committees of Congress initial recommendations 
        developed pursuant to subsection (b)(4) of section 1748 of the 
        National Defense Authorization Act for Fiscal Year 2020 (Public 
        Law 116-92; 133 Stat. 1847).

    (c) Report on Findings and Recommendations.--
            (1) In general.--Not later than June 30, 2021, the Special 
        Federal Aviation Regulation Working Group shall submit to the 
        appropriate committees of Congress a report setting forth the 
        findings and recommendations of the Working Group as developed 
        pursuant to subsection (b) of section 1748 of the National 
        Defense Authorization Act for Fiscal Year 2020.
            (2) Conforming amendments.--Section 1748 of the National 
        Defense Authorization Act for Fiscal Year 2020 is amended--
                    (A) by striking subsection (d); and
                    (B) in subsection (e), by striking ``subsection 
                (d)'' and inserting ``section 154(c)(1) of the William 
                M. (Mac) Thornberry National Defense Authorization Act 
                for Fiscal Year 2021''.

    (d) Certification in Connection With Contracts With Foreign 
Companies for Aviation Services Overseas.--
            (1) In general.--Subject to paragraph (2), the Department of 
        Defense may not enter into a contract with a foreign company as 
        contracted aviation support to provide aviation services in an 
        overseas area unless the Secretary certifies, in writing, to the 
        appropriate committees of Congress each of the following:
                    (A) That the use of foreign companies to provide 
                such services in overseas areas is required for the 
                national security of the United States.
                    (B) That the Department has exhausted all available 
                authorities to use United States companies to provide 
                such services in overseas areas.

[[Page 134 STAT. 3444]]

            (2) Sunset.--The requirement in paragraph (1) shall expire 
        on the later of--
                    (A) the date on which the Special Federal Aviation 
                Regulation Working Group submits to the appropriate 
                committees of Congress the report required by subsection 
                (c)(1); and
                    (B) the date on which the Secretary fully implements 
                the recommendations contained in that report.

    (e) Definitions.--In this section:
            (1) The term ``appropriate committees of Congress'' means--
                    (A) the Committee on Armed Services and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate; and
                    (B) the Committee on Armed Services and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives.
            (2) The term ``Special Federal Aviation Regulation Working 
        Group'' means the working group established pursuant to section 
        1748 of the National Defense Authorization Act for Fiscal Year 
        2020.
SEC. 155. INTEGRATED AIR AND MISSILE DEFENSE ASSESSMENT.

    (a) <<NOTE: Deadline.>>  Certification on Directive of IAMD 
Responsibilities and Authorities.--Not later than 90 days after the date 
of the enactment of this Act, the Secretary of Defense shall, in 
coordination with the Chairman of the Joint Chiefs of Staff and the 
Secretaries of the military departments, certify that Department of 
Defense Directive 5100.01 is current and accurate with respect to 
integrated air and missile defense (IAMD) responsibilities and 
authorities in support of joint and combined land, sea, air, space and 
special forces operations, and in obtaining and maintaining air 
superiority or supremacy as required.

    (b) IAMD Assessment by Chairman of the Joint Chiefs of Staff.--
            (1) <<NOTE: Coordination.>>  In general.--The Chairman of 
        the Joint Chiefs of Staff shall, in coordination with the 
        Secretaries of the military departments and the Director of the 
        Missile Defense Agency, conduct a comprehensive classified 
        assessment of threats to, and capabilities and capacities of, 
        current and planned integrated air and missile defense 
        technologies and force structure to meet the requirements of the 
        combatant commands in support of the National Defense Strategy.
            (2) <<NOTE: Analyses.>>  Elements.--The assessment required 
        by paragraph (1) shall include the following:
                    (A) Characterization and analysis of current and 
                emerging threats, including the following:
                          (i) Cruise, hypersonic, and ballistic 
                      missiles.
                          (ii) Unmanned aerial systems.
                          (iii) Rockets and other indirect fire.
                          (iv) Specific and meaningfully varied examples 
                      within each of clauses (i) through (iii).
                    (B) Analysis of current and planned integrated air 
                and missile defense capabilities to counter the threats 
                characterized and analyzed under subparagraph (A), 
                including the following:
                          (i) <<NOTE: Timelines.>>  Projected timelines 
                      for development, procurement, and fielding of 
                      needed capabilities to defend

[[Page 134 STAT. 3445]]

                      against current and anticipated threats, based on 
                      intelligence assessments of such threats.
                          (ii) Projected capability and capacity gaps in 
                      addressing the threats characterized and assessed 
                      under subparagraph (A), including a delineation of 
                      unfulfilled integrated air and missile defense 
                      requirements by combatant command.
                          (iii) <<NOTE: Risk assessment.>>  Risk 
                      assessment of projected capability and capacity 
                      gaps addressing integrated air and missile defense 
                      requirements of the combatant commands and the 
                      National Defense Strategy.
                          (iv) Opportunities for acceleration or need 
                      for incorporation of interim capabilities to 
                      address current and projected gaps.
                          (v) Opportunities to leverage allied 
                      contributions for integrated air and missile 
                      defense capabilities and capacities to meet 
                      requirements of the combatant commands.
                    (C) <<NOTE: Assessments.>>  Assessment of the 
                integrated air and missile defense command, control, and 
                intelligence systems and architecture, including the 
                following:
                          (i) A description of the integrated air and 
                      missile defense architecture, and the component 
                      counter unmanned aerial system (C-UAS) sub-
                      architecture of such architecture.
                          (ii) Identification of the critical command 
                      and control (C2) systems.
                          (iii) Integration or interoperability of the 
                      command and control systems.
                          (iv) Integration, interoperability, or 
                      compatibility of the command and control systems 
                      with planned Joint All Domain Command and Control 
                      (JADC2) architecture.
            (3) Characterization.--
                    (A) In general.--In carrying out the assessment 
                required by paragraph (1), the Chairman shall clearly, 
                on a technical and operational basis, distinguish 
                between distinctly different threats in the same general 
                class.
                    (B) Example.--The Chairman shall, for example, 
                ensure that the assessment is not limited to a broad 
                characterization, such as ``cruise missiles'', since 
                such characterization does not sufficiently distinguish 
                between current cruise missiles and emerging hypersonic 
                cruise missiles, which may require different 
                capabilities to counter them.
            (4) Interim briefing and report.--
                    (A) <<NOTE: Deadline.>>  Interim briefing.--Not 
                later than 60 days after the date of the enactment of 
                this Act, the Chairman shall brief the Committees on 
                Armed Services of the Senate and the House of 
                Representatives on the assessment under paragraph (1).
                    (B) Report.--Not later than 180 days after the date 
                of the enactment of this Act, the Chairman shall submit 
                to the Committees on Armed Services of the Senate and 
                the House of Representatives a report on the findings of 
                the assessment conducted under paragraph (1).

[[Page 134 STAT. 3446]]

    (c) Secretary of the Military Department Briefings on Response to 
IAMD Assessment.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 90 days 
        after the submittal of the report required by subsection 
        (b)(4)(B), the Secretary of the Army, the Secretary of the Navy, 
        and the Secretary of the Air Force shall each brief the 
        Committees on Armed Services of the Senate and the House of 
        Representatives on the manner in which the military department 
        under the jurisdiction of such Secretary intends to fulfill the 
        global integrated air and missile defense requirements of the 
        combatant commands in accordance with Department of Defense 
        Directive 5100.01.
            (2) <<NOTE: Analyses.>>  Elements.--Each briefing under 
        paragraph (1) shall include, for the military department covered 
        by such briefing, the following:
                    (A) Analysis of current and planned integrated air 
                and missile defense capabilities to counter the threats 
                characterized and analyzed under subsection (b)(2)(A), 
                including the following:
                          (i) <<NOTE: Timelines.>>  Projected timelines 
                      and costs for development, procurement, and 
                      fielding of planned integrated air and missile 
                      defense capabilities.
                          (ii) Projected capability gaps and an 
                      assessment of associated risk.
                          (iii) Opportunities for acceleration or need 
                      for incorporation of interim capabilities to 
                      address current and projected gaps.
                    (B) Analysis of current and planned capacity to meet 
                major contingency plan requirements and ongoing global 
                operations of the combatant commands, including the 
                following:
                          (i) Current and planned numbers of integrated 
                      air and missile defense systems and formations, 
                      including associated munitions.
                          (ii) Capacity gaps, and an assessment of 
                      associated risk, in addressing combatant command 
                      requirements.
                          (iii) Operations tempo stress on integrated 
                      air and missile defense formations and personnel.
                          (iv) Plans to sustain or to increase 
                      integrated air and missile defense personnel and 
                      formations.
                    (C) Assessment of proponency and the distribution of 
                responsibility and authority for policy and program 
                planning, budgeting, and execution within the military 
                department for integrated air and missile defense and 
                counter-unmanned aerial systems, including the 
                following:
                          (i) A description of the current proponency 
                      structure.
                          (ii) An assessment of the adequacy of the 
                      current proponency structure to facilitate 
                      integrated air and missile defense and counter 
                      unmanned aerial systems functions for the 
                      Department of Defense.
                    (D) Assessment of the feasibility and advisability 
                of establishing one or more centers of excellence for 
                integrated air and missile defense, counter unmanned 
                aerial systems, or both for purposes of planing, 
                organizing, and managing the military department and 
                joint force efforts to achieve

[[Page 134 STAT. 3447]]

                a functional capability and capacity to meet the 
                requirements of the combatant commands.
SEC. 156. <<NOTE: 10 USC 2859 note.>>  JOINT STRATEGY FOR AIR BASE 
                        DEFENSE AGAINST MISSILE THREATS.

    (a) Strategy Required.--The Chief of Staff of the Air Force and the 
Chief of Staff of the Army shall jointly develop and carry out a 
strategy to address the defense of air bases and prepositioned sites 
outside the continental United States against current and emerging 
missile threats, as validated by the Defense Intelligence Agency.
    (b) <<NOTE: Deadline.>>  Certification and Strategy.--Not later than 
June 1, 2021, the Chief of Staff of the Air Force and the Chief of Staff 
of the Army shall jointly submit to the congressional defense committees 
the following:
            (1) A certification that the defense of air bases and 
        prepositioned sites outside the continental United States 
        against threats described in subsection (a) is being addressed 
        jointly.
            (2) The strategy developed pursuant to subsection (a).
SEC. 157. <<NOTE: Deadlines.>>  JOINT ALL DOMAIN COMMAND AND 
                        CONTROL REQUIREMENTS.

    (a) Validation of Requirements by Joint Requirements Oversight 
Council.--Not later than April 1, 2021, the Joint Requirements Oversight 
Council (JROC) shall validate requirements for Joint All Domain Command 
and Control (JADC2).
    (b) Air Force Certification.--Immediately after the validation of 
requirements pursuant to subsection (a), the Chief of Staff of the Air 
Force shall submit to the congressional defense committees a 
certification that the current Joint All Domain Command and Control 
effort, including programmatic and architecture efforts, being led by 
the Air Force will meet the requirements validated by the Joint 
Requirements Oversight Council.
    (c) Certification by Other Armed Forces.-- Not later than July 1, 
2021, the chief of staff of each Armed Force other than the Air Force 
shall submit to the congressional defense committees a certification 
whether the efforts of such Armed Force on multi-domain command and 
control are compatible with Joint All Domain Command and Control 
architecture.
    (d) Budgeting.--The Secretary of Defense shall incorporate the 
expected costs for full development and implementation of Joint All 
Domain Command and Control across the Department of Defense in fiscal 
year 2022 in the budget of the President for fiscal year 2022 as 
submitted to Congress under section 1105 of title 31, United States 
Code.
SEC. 158. EXPANSION OF ECONOMIC ORDER QUANTITY CONTRACTING 
                        AUTHORITY FOR F-35 AIRCRAFT PROGRAM.

    Section 161(a)(2) of the National Defense Authorization Act for 
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1246) is amended by 
striking ``$574,000,000'' and inserting ``$1,035,793,000''.
SEC. 159. DOCUMENTATION RELATING TO THE F-35 AIRCRAFT PROGRAM.

    The <<NOTE: Deadline.>>  Secretary of Defense shall submit to the 
congressional defense committees, not later than 15 days following 
Milestone C approval for the F-35 aircraft program pursuant to section 
2366c

[[Page 134 STAT. 3448]]

of title 10, United States Code, or entering into a contract for the 
full-rate production of F-35 aircraft, the documentation with respect to 
the F-35 aircraft program as follows:
            (1) <<NOTE: Certification.>>  A certification by the Under 
        Secretary of Defense for Acquisition and Sustainment that--
                    (A) all alternative supply contractors for parts, 
                required for the airframe and propulsion prime 
                contractors of the F-35 aircraft program as a result of 
                the removal of the Republic of Turkey from the program, 
                have been identified, and all related undefinitized 
                contract actions have been definitized (as described in 
                section 7401 of part 217 of the Defense Federal 
                Acquisition Regulation Supplement);
                    (B) the parts produced by each such contractor have 
                been qualified and certified as meeting applicable 
                technical design and use specifications; and
                    (C) each such contractor has reached the required 
                rate of production to meet supply requirements for parts 
                under the program.
            (2) <<NOTE: Cost analysis.>>  A cost analysis, prepared by 
        the joint program office for the F-35 aircraft program, that 
        assesses and defines--
                    (A) the manner in which the full integration of 
                Block 4 and Technical Refresh 3 capabilities for each 
                lot of Block 4 production aircraft beginning after lot 
                14 will affect the average procurement unit cost of 
                United States variants of the F-35A, F-35B, and F-35C 
                aircraft; and
                    (B) the manner in which the establishment of 
                alternate sources of production and sustainment of 
                supply and repair parts due to the removal of the 
                Republic of Turkey from the program will affect such 
                unit cost.
            (3) <<NOTE: Reports.>>  All reports required by section 167 
        of the National Defense Authorization Act for Fiscal Year 2020 
        (Public Law 116-92; 133 Stat. 1250).
            (4) <<NOTE: Cost estimate.>>  An independent cost estimate, 
        prepared by Director of Cost Assessment and Program Evaluation, 
        that defines, for each phase of the F-35 aircraft program, the 
        cost to develop, procure, integrate, and retrofit F-35 aircraft 
        with all Block 4 capability requirements that are specified in 
        the most recent Block 4 capabilities development document.
            (5) <<NOTE: Plan.>>  A plan to correct or mitigate any 
        deficiency in the F-35 aircraft, identified as of the date of 
        enactment of this Act that--
                    (A) may cause death, severe injury or occupational 
                illness, or major loss or damage to equipment or a 
                system, and for which there is no identified workaround 
                (commonly known as a ``category 1A deficiency''); or
                    (B) critically restricts combat readiness 
                capabilities or results in the inability to attain 
                adequate performance to accomplish mission requirements 
                (commonly known as a ``category 1B deficiency'').
            (6) <<NOTE: Plan.>>  A software and hardware capability, 
        upgrade, and aircraft modification plan for the F-35 aircraft 
        that defines the cost and schedule for retrofitting F-35 
        aircraft that currently have Technical Refresh 2 capabilities 
        installed to ensure compatibility with Block 4 and Technical 
        Refresh 3 capabilities.
            (7) <<NOTE: Reports.>>  The following reports for the F-35 
        aircraft program, as prepared by the Director of Operational 
        Test and Evaluation:

[[Page 134 STAT. 3449]]

                    (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) <<NOTE: Mitigation strategy. Implementation plan.>>  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) <<NOTE: Certification.>>  A certification that the F-35A 
        aircraft meets required mission reliability performance using an 
        average sortie duration of 2 hours and 30 minutes.
            (10) <<NOTE: Certification.>>  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 Technical Refresh 1 and Technical 
        Refresh 2 capabilities.
            (11) The following:
                    (A) <<NOTE: List.>>  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) <<NOTE: Cost estimate.>>  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. <<NOTE: Coordination. Certification.>>  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) <<NOTE: Deadline. Consultation.>>  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) <<NOTE: Reports.>>  A report describing a program-wide 
        process for measuring, 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) <<NOTE: Implementation plan. Assessment.>>  A strategy 
        and implementation plan for the F-35 Operational 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

[[Page 134 STAT. 3450]]

        costs of designing, procuring, and fielding the F-35 Operational 
        Data Integrated Network system.

    (b) <<NOTE: Effective date.>>  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 <<NOTE: Consultation.>>  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 
        regression testing of such software, including any development 
        facilities of the Federal Government or contractors that 
        conducted such testing.
            (3) <<NOTE: List.>>  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-
                reaction 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 
                corrected 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.

[[Page 134 STAT. 3451]]

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) <<NOTE: Plan.>>  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 aircraft 
        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 
        different 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) <<NOTE: Deadline.>>  Briefing.--Not later than 90 days after the 
date of the enactment of this Act, the Executive Agent shall brief the 
congressional 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--

[[Page 134 STAT. 3452]]

            (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 RECONNAISSANCE 
                        ACQUISITION ROADMAP FOR THE UNITED STATES 
                        SPECIAL OPERATIONS COMMAND.

    (a) <<NOTE: Deadline.>>  In General.--Not later than December 1, 
2021, the Assistant Secretary of Defense for Special Operations and Low-
Intensity Conflict and the Commander of the United States Special 
Operations 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) <<NOTE: Analysis.>>  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 
        requirements 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 
        strategic 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 Operations 
        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.

[[Page 134 STAT. 3453]]

SEC. 166. PROHIBITION ON DIVESTITURE OF MANNED INTELLIGENCE, 
                        SURVEILLANCE, AND RECONNAISSANCE AIRCRAFT 
                        OPERATED BY UNITED STATES SPECIAL 
                        OPERATIONS COMMAND.

    (a) Prohibition.--No funds authorized to be appropriated by this Act 
may be used to divest any manned intelligence, surveillance, and 
reconnaissance aircraft operated by the United States Special Operations 
Command, and the Department of Defense may not divest any manned 
intelligence, surveillance, and reconnaissance 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 EJECTION 
                        SEAT AIRCRAFT LOCATOR BEACONS.

    (a) <<NOTE: Deadline. Time period.>>  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) <<NOTE: Determination.>>  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 
        Department 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.

[[Page 134 STAT. 3454]]

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 
           Research and Development program.
Sec. 215. Establishment of Directed Energy Working Group.
Sec. 216. Extension of pilot program for the enhancement of the 
           research, development, 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 activities.
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 development 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 National 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 
           Department 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 mathematics (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 applicants 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.

[[Page 134 STAT. 3455]]

Sec. 272. Modification to Test Resource Management Center strategic plan 
           reporting cycle and contents.
Sec. 273. Modification of requirements relating to energetics plan to 
           include assessment 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 activities 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 efforts and capabilities and comparison with 
           adversaries.
Sec. 279. Annual reports regarding the SBIR program of the Department of 
           Defense.
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, development, 
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 
                        AGREEMENTS.

    Section 2350a of title 10, United States Code, is amended--
            (1) in subsection (b)(2), by striking ``and the Under 
        Secretary'' 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) <<NOTE: Determination.>>  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) <<NOTE: Definition.>>  For purposes of this subsection, the 
term `cost' means the total value of cash and non-cash contributions.''.

[[Page 134 STAT. 3456]]

SEC. 212. DISCLOSURE REQUIREMENTS FOR RECIPIENTS OF DEPARTMENT 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:
``Sec. 2374b. <<NOTE: 10 USC 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 disclosure 
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 <<NOTE: 10 USC 2351 prec.>>  is 
        amended by adding at the end the following new item:

``2374b. Disclosure requirements for recipients of research and 
           development funds.''.

    (b) <<NOTE: 10 USC 2374b note.>>  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 
        subsections (f) through (h), respectively;
            (3) by inserting after subsection (d) the following new 
        subsection:

    ``(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

[[Page 134 STAT. 3457]]

                    ``(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 committee' 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 established 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 
        industrial base'' and inserting ``strengthening the defense 
        industrial and innovation base''.

    (b) <<NOTE: Deadline.>>  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 
        committees with respect to advising the Under Secretary on the 
        activities 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, 
                prototyping, 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'';

[[Page 134 STAT. 3458]]

                    (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 
                        PROGRAM.

    Section 234 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 redesignating subsection (e) as subsection (f); and
            (2) by inserting after subsection (d) the following new 
        subsection (e):

    ``(e) Use of Quantum Computing Capabilities.--The Secretary of each 
military department shall--
            ``(1) <<NOTE: List.>>  develop and annually update a list of 
        technical problems 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 
        performance 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) <<NOTE: Contracts.>>  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 activities.''.
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) <<NOTE: Deadline.>>  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 
                departments;
                    ``(B) make recommendations to the Secretary of 
                Defense--

[[Page 134 STAT. 3459]]

                          ``(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 
                      memoranda of understanding between individual 
                      organizations 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 
                compendium 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) <<NOTE: Appointments.>>  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 
                concerned.
                    ``(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 
                Operational 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) <<NOTE: Deadline. Time period.>>  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 thereafter, 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.''.

[[Page 134 STAT. 3460]]

SEC. 216. EXTENSION OF PILOT PROGRAM FOR THE ENHANCEMENT OF THE 
                        RESEARCH, DEVELOPMENT, TEST, AND 
                        EVALUATION 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) <<NOTE: Reports.>>  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 
                      participation; and
                          ``(ii) any offices or other elements of the 
                      Department of Defense that may be responsible for 
                      the delay in participation.''.

    (b) <<NOTE: 10 USC 2358 note.>>  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 Laboratories.--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 terminate 
on September 30, 2025.''.
SEC. 217. DESIGNATION OF SENIOR OFFICIALS FOR CRITICAL TECHNOLOGY 
                        AREAS SUPPORTIVE OF THE NATIONAL DEFENSE 
                        STRATEGY.

    (a) <<NOTE: 10 USC 4001 note.>>  Designation of Senior Officials.--
The Under Secretary of Defense for Research and Engineering shall--
            (1) identify technology areas that the Under Secretary 
        considers 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 
        technology transition strategies to ensure--

[[Page 134 STAT. 3461]]

                    (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, 
        infrastructure, 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 
                demonstrate--
                          (i) unwanted or inefficient duplication, 
                      including duplication with activities of other 
                      government agencies 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 
        Department 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) <<NOTE: Public information. Classified information.>>  
        Form.--Each report under paragraph (1) shall submitted in 
        unclassified form that can be made available to the public, but 
        may include a classified annex.

    (d) Coordination of Research and Engineering Activities.--The 
Service Acquisition Executive for each military department and the 
Director of the Defense Advanced Research Projects Agency shall each 
identify senior officials to ensure coordination

[[Page 134 STAT. 3462]]

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 
        technologies 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:

[[Page 134 STAT. 3463]]

            ``(6) Coordinate with relevant stakeholders and agencies to 
        support the technological advantage of the United States in 
        developing hypersonic systems.''.
SEC. 218. <<NOTE: 10 USC 8013 note.>>  EXECUTIVE AGENT FOR 
                        AUTONOMY.

    (a) <<NOTE: Deadline. Designation.>>  In General.--Not later than 
February 1, 2022, the Secretary 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 
acquisition 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. <<NOTE: 10 USC 4811 note.>>  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 
        organizations, 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 venture 
        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 
        paragraph (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 
        Partnerships.

[[Page 134 STAT. 3464]]

            (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 Innovation 
        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 
        appropriate.

    (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) <<NOTE: Deadline.>>  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 subparagraph 
                (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 paragraph (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 outreach 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. <<NOTE: 10 USC 4001 note.>>  SOCIAL SCIENCE, MANAGEMENT 
                        SCIENCE, AND INFORMATION SCIENCE RESEARCH 
                        ACTIVITIES.

    (a) Establishment.--The Secretary of Defense, acting through the 
Under Secretary of Defense for Research and Engineering,

[[Page 134 STAT. 3465]]

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 Department'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 entities 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 information 
        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, 
        management science, and information science.
            (6) To collect, synthesize, and disseminate critical 
        information on research and development in the fields of social 
        science, management science, and information science.
            (7) To assess and appropriately share, with other 
        departments 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--

[[Page 134 STAT. 3466]]

                    (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, management, and coordination 
of the program under subsection (a).
    (d) <<NOTE: Consultation. Plans.>>  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 
                management 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 missions;
            (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 Department; 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 
                Government, 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

[[Page 134 STAT. 3467]]

                          (iii) and the ability of such advances and 
                      innovations to enhance the efficiency and 
                      effectiveness of the Department; and
            (4) <<NOTE: Memorandums. Determination.>>  develop memoranda 
        of agreement, joint funding agreements, 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) <<NOTE: Deadline.>>  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) <<NOTE: Plans.>>  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 appropriate 
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 institutions, 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) <<NOTE: Classified information.>>  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.--

[[Page 134 STAT. 3468]]

            (1) <<NOTE: Deadline. Consultation.>>  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 
                      methodology 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 
                estimate; 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) <<NOTE: Deadline. Time period.>>  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 (commonly known as ``leave behind'' 
                      capabilities) and a plan for the sustainment or 
                      upgrade of such capabilities; and
                          (iv) the total cost of the exercise and a 
                      breakdown of the costs with respect to technology, 
                      range and demonstration 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

[[Page 134 STAT. 3469]]

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 congressional 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 
                implement and achieve such product line capabilities;
                    (B) <<NOTE: Timeline.>>  a timeline for the 
                technical maturation of such product line capabilities; 
                and
                    (C) <<NOTE: Schedule.>>  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 control 
        center.-- <<NOTE: Classified information.>> 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. <<NOTE: 10 USC 4001 note.>>  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) <<NOTE: Deadline. Consultation. Time period.>>  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-

[[Page 134 STAT. 3470]]

breathing hypersonic weapons capabilities within the period of three 
years following such date of enactment.

    (d) <<NOTE: Consultation.>>  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 
infrastructure used for hypersonic weapons development. The report shall 
include--
            (1) <<NOTE: Assessment.>>  an assessment of the sufficiency 
        of the testing capabilities 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. <<NOTE: 42 USC 6605.>>  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 development 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 disclosure;
                    (B) <<NOTE: Certification.>>  certify that the 
                disclosure is current, accurate, and complete; and
                    (C) <<NOTE: Update.>>  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 requirements under 
        paragraph (1).

    (b) Consistency.--The Director of the Office of Science and 
Technology Policy, acting through the National Science and Technology 
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 paragraph 
        (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.

[[Page 134 STAT. 3471]]

                    (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 violated.
                    (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 
                regulations.
            (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 
                subsection (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

[[Page 134 STAT. 3472]]

                    (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 
                commitment 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 Federal 
        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 
        activities, 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 
        transaction for the procurement of goods or services to meet the 
        administrative needs of a Federal research agency.
SEC. 224. <<NOTE: 10 USC 4571 note.>>  GOVERNANCE OF FIFTH-
                        GENERATION WIRELESS NETWORKING IN THE 
                        DEPARTMENT OF DEFENSE.

    (a) Transition of 5G Wireless Networking to Operational Use.--
            (1) <<NOTE: Consultation.>>  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) <<NOTE: Timeline.>>  A timeline for the 
                transition of responsibility for 5G wireless networking 
                to the Chief Information Officer, as required under 
                subsection (b)(1).
                    (B) <<NOTE: Determination.>>  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) <<NOTE: Deadline.>>  Interim briefing.--Not later than 
        March 31, 2021 the Secretary of Defense shall provide to the 
        congressional

[[Page 134 STAT. 3473]]

        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) <<NOTE: Deadline.>>  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 
                coordination on matters relating to 5G wireless 
                networking; and
                    (B) making proposals to the Secretary on governance, 
                management, and organizational policy for 5G wireless 
                networking.
            (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 
        established under paragraph (1) shall be--
                    (A) to assist the Secretary of Defense in 
                determining 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, as required under 
                subsection (d);
                    (B) to assist the senior official responsible for 5G 
                wireless networking in carrying out the responsibilities 
                assigned to such official under subsection (b);
                    (C) to oversee the implementation of the strategy 
                developed under section 254 of the National Defense 
                Authorization Act for Fiscal Year 2020 (Public Law 116-
                92; 10 U.S.C. 2223a note) for harnessing 5G wireless 
                networking technologies, 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 
                wireless networking;
                    (F) to coordinate research and development, 
                implementation and acquisition activities, warfighting 
                concept development, spectrum policy, industrial policy 
                and

[[Page 134 STAT. 3474]]

                commercial outreach and partnership relating to 5G 
                wireless networking in the Department, and interagency 
                and international engagement;
                    (G) to integrate the Department's 5G wireless 
                networking programs and policies with major initiatives, 
                programs, 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). <<NOTE: Effective date.>>  
        Beginning on the date of such designation, the Chief Information 
        Officer shall lead the cross functional team.

    (d) Determination of Organizational Roles and Responsibilities.--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) <<NOTE: Deadline.>>  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 paragraph 
        (1), the Secretary shall--
                    (A) develop a capability to communicate clearly and 
                authoritatively about threats by foreign adversaries;
                    (B) <<NOTE: Analysis.>>  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;

[[Page 134 STAT. 3475]]

                    (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, fabrication, integration, configuration, 
                storage, test, and documentation of 5G technology 
                occurs;
                    (E) <<NOTE: Assessment.>>  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 
                capability 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 Department's communications systems.
            (3) <<NOTE: Deadline.>>  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) <<NOTE: Assessment.>>  a comprehensive 
                assessment of the findings and conclusions of the 
                program under paragraph (1);
                    (B) <<NOTE: Recommenda- tions.>>  recommendations on 
                how to mitigate vulnerabilities in the 
                telecommunications infrastructure of the Department 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 
        responsibility 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 technology 
        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. <<NOTE: 10 USC 4571 note.>>  DEMONSTRATION PROJECT ON 
                        USE OF CERTAIN TECHNOLOGIES FOR FIFTH-
                        GENERATION WIRELESS NETWORKING SERVICES.

    (a) Demonstration Project.--The Secretary of Defense shall carry out 
a demonstration project to evaluate the maturity, performance, 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

[[Page 134 STAT. 3476]]

where the Secretary plans to deploy a fifth-generation wireless network.
    (c) Coordination.--The Secretary shall carry out the demonstration 
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. <<NOTE: 10 USC 4001 note.>>  RESEARCH, DEVELOPMENT, AND 
                        DEPLOYMENT OF TECHNOLOGIES TO SUPPORT 
                        WATER SUSTAINMENT.

    (a) In General.--The Secretary of Defense shall research, develop, 
and deploy advanced water harvesting technologies to support 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.

[[Page 134 STAT. 3477]]

    (d) <<NOTE: Deadline.>>  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 technology, 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 
        previously been used.
SEC. 227. LIMITATION ON CONTRACT AWARDS FOR CERTAIN UNMANNED 
                        VESSELS.

    (a) <<NOTE: Reports. Certification.>>  Limitation.--Not less than 30 
days before awarding a contract 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 certification 
described in this subsection regarding a contract for a covered vessel 
is--
            (1) a report--
                    (A) <<NOTE: Risk assessment.>>  submitted to the 
                congressional defense committees not later than 60 days 
                after the date of the completion of an independent 
                technical risk assessment for such covered vessel;
                    (B) <<NOTE: Recommenda- tions.>>  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) <<NOTE: Determination.>>  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-
                      representative 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

[[Page 134 STAT. 3478]]

                such covered vessel that cannot otherwise be met through 
                further land-based subsystem prototyping or other 
                demonstration approaches.

    (d) Limitation on Weapon Integration.--
            (1) <<NOTE: Effective date.>> 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) <<NOTE: Compliance.>>  will comply with 
                applicable laws, including the law of armed conflict, 
                with a detailed explanation of how such compliance will 
                be achieved; and
                    (B) <<NOTE: Determination.>>  has been determined to 
                be the most appropriate surface vessel to meet 
                applicable offensive military requirements.
            (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) <<NOTE: Deadline.>>  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 requirements.
            (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 
                alternatives 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 electrical subsystems.
                    (H) <<NOTE: Cost estimates.>>  Estimated research, 
                development, test, and evaluation cost of baseline and 
                each alternative.
                    (I) <<NOTE: Cost estimates.>>  Estimated lead vessel 
                and average follow-on vessel procurement costs of 
                baseline and each alternative.
                    (J) Life-cycle costs of baseline and each 
                alternative.

[[Page 134 STAT. 3479]]

                    (K) Life-cycle cost per baseline vessel and each 
                alternative vessel.
                    (L) Life-cycle cost per specified quantity of 
                baseline vessels and alternative vessels.
                    (M) <<NOTE: Assessment.>>  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) <<NOTE: Recommenda- tions.>>  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 
        electrical 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, 
                contact 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 
        section 8669b of title 10, United States Code.

       Subtitle C--Artificial Intelligence and Emerging Technology

SEC. 231. MODIFICATION OF BIANNUAL REPORT ON THE JOINT ARTIFICIAL 
                        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) <<NOTE: Assessments. Time period.>>  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) <<NOTE: Evaluation.>>  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 undertaken 
                to further the development and adoption of such 
                standards;
                    ``(C) an explanation of any collaboration on 
                artificial intelligence standards development with--

[[Page 134 STAT. 3480]]

                          ``(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) <<NOTE: Time periods.>>  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 description 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) <<NOTE: Time period. Updates. Consultation.>>  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) <<NOTE: Assessment.>>  An assessment of the 
                effectiveness of such assignments 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 artificial 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) <<NOTE: Analysis.>>  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 Authorization 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;

[[Page 134 STAT. 3481]]

                    ``(B) applying artificial intelligence and machine 
                learning solutions to operational problems by directly 
                delivering 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 
        subsection:

    ``(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, development, prototyping, 
                testing, procurement of, requirements for, and 
                operational use of artificial intelligence technologies.
                    ``(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 
                      department;
                          ``(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 intelligence 
        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) <<NOTE: Deadline.>>  Continuation.--The 
                Director of the Joint Artificial 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 Secretary--
                          ``(i) <<NOTE: Determination.>>  determines 
                      that the Director should continue to report to 
                      Deputy Secretary without intervening authority; 
                      and
                          ``(ii) <<NOTE: Notice.>>  transmits notice of 
                      such determination to the congressional defense 
                      committees.

[[Page 134 STAT. 3482]]

                    ``(C) Covered period defined.--In this paragraph, 
                the term `covered period' means the period of two years 
                beginning 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 
                subparagraph (A), by inserting ``acquire,'' before 
                ``develop'';
                    (B) in the heading of paragraph (2), by striking 
                ``development'' and inserting ``acquisition, 
                development''; and
                    (C) in paragraph (2)--
                          (i) in the matter preceding subparagraph (A), 
                      by striking ``To the degree practicable, the 
                      designated official'' and inserting ``The official 
                      designated under subsection (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 
                      following 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 mission outcomes, and dataset 
                      maintenance practices;
                    ``(I) establish data and model usage agreements and 
                collaborative partnership agreements for artificial 
                intelligence product development with each organization 
                and element of the Department, including each of the 
                Armed Forces;'';
            (6) in subsection (e), as so redesignated--
                    (A) <<NOTE: Deadline. Regulations.>>  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 
                subsection (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 Department, 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 established 
pursuant to the memorandum of the Secretary of Defense

[[Page 134 STAT. 3483]]

dated June 27, 2018, and titled `Establishment of the Joint Artificial 
Intelligence Center', or any successor to such Center.''.
SEC. 233. <<NOTE: 10 USC 4001 note.>>  BOARD OF ADVISORS FOR THE 
                        JOINT ARTIFICIAL INTELLIGENCE 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 
        hardware procurement, supply-chain matters, and other technical 
        matters relating to artificial intelligence.

    (c) <<NOTE: Appointments.>>  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) <<NOTE: Time period.>>  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) <<NOTE: Time period.>>  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 Secretary 
        of Defense dated June 27, 2018, and titled ``Establishment of 
        the Joint Artificial Intelligence Center'', or any successor to 
        such Center.
            (4) The term ``Secretary'' means the Secretary of Defense.
SEC. 234. <<NOTE: 10 USC 113 note.>>  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

[[Page 134 STAT. 3484]]

Defense as the Secretary considers appropriate, including the chief data 
officers and chief management officers of the military departments, 
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, personnel, audit, or financial 
management functions, or other appropriate management functions, that 
are consistent with reform efforts that support the National Defense 
Strategy.
    (b) <<NOTE: Coordination.>>  Prototyping Activities Aligned to Use 
Cases.--The Secretary, 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) <<NOTE: Deadline.>>  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) <<NOTE: Deadline.>>  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 
                implement ethical artificial intelligence standards in 
                acquisition processes and supply chains.
            (2) Elements.--The assessment conducted under paragraph (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 
                      intelligence 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 
                disciplines are engaged in the acquisition of artificial 
                intelligence technology by the department.

[[Page 134 STAT. 3485]]

    (b) Briefing Required.--
            (1) <<NOTE: Deadline.>>  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 congressional defense committees a briefing on the results 
        of the assessment.
            (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 
                sufficient 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 
                consultation 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. <<NOTE: 10 USC 4001 note.>>  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 responsible 
for--
            (1) developing a strategy for the organizational change, 
        concept and capability development, and technology investments 
        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 
        identifying investments and advances in emerging technology 
        areas undertaken by adversaries of the United States;
            (3) making recommendations to the Secretary of Defense on--

[[Page 134 STAT. 3486]]

                    (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, artificial intelligence, 
autonomous technology, advanced materials, software, 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. <<NOTE: 10 USC 501 note prec.>>  MEASURING AND 
                        INCENTIVIZING PROGRAMMING PROFICIENCY.

    (a) <<NOTE: Deadline.>>  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 competency 
        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 
                competency 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 
                challenges.
            (2) <<NOTE: Update. Records.>>  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

[[Page 134 STAT. 3487]]

        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) <<NOTE: Determination.>>  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 
Intelligence, 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 proficiency 
        and artificial intelligence competency tests developed under 
        such subsection available to other Federal national security 
        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:
``Sec. 1596c. <<NOTE: 10 USC 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) <<NOTE: Certification.>>  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 <<NOTE: 10 USC 1580 
        prec.>>  is amended by inserting

[[Page 134 STAT. 3488]]

        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 partnerships 
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

[[Page 134 STAT. 3489]]

                          (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 
        appropriate.''; and
                    (D) in paragraph (3), as so redesignated, by 
                inserting ``training,'' after ``management,'';
            (2) in subsection (e)--
                    (A) in paragraph (28) by striking ``Infrastructure 
                resilience'' 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 
        subsection:

    ``(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 
                establish 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. <<NOTE: 10 USC 2191 note prec.>>  ENCOURAGEMENT OF 
                        CONTRACTOR SCIENCE, TECHNOLOGY, 
                        ENGINEERING, AND MATHEMATICS (STEM) 
                        PROGRAMS.

    (a) <<NOTE: Coordination.>>  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 programs 
        in science, technology, engineering, and mathematics (in this 
        section referred to as ``STEM'');
            (2) make investments, such as programming and curriculum 
        development, in STEM programs within elementary schools and 
        secondary schools;

[[Page 134 STAT. 3490]]

            (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) <<NOTE: Procedures.>>  Award Program.--The Secretary of Defense 
shall establish procedures to recognize defense industry contractors 
that demonstrate excellence in supporting STEM education, partnerships, 
programming, and other activities to enhance participation in STEM 
fields.

    (c) <<NOTE: Reports.>> 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 
requirements 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. <<NOTE: 10 USC 2001 note prec.>>  TRAINING PROGRAM FOR 
                        HUMAN RESOURCES PERSONNEL IN BEST 
                        PRACTICES FOR TECHNICAL WORKFORCE.

    (a) Pilot Training Program.--
            (1) <<NOTE: Deadline.>>  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) <<NOTE: Procedures.>>  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;

[[Page 134 STAT. 3491]]

                    (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 professionals, 
        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 program 
under this section shall terminate five years after the date of the 
enactment of this Act.
SEC. 247. <<NOTE: 10 USC 1580 note prec.>>  PILOT PROGRAM ON THE 
                        USE OF ELECTRONIC PORTFOLIOS TO EVALUATE 
                        CERTAIN APPLICANTS FOR TECHNICAL 
                        POSITIONS.

    (a) <<NOTE: Deadline.>>  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) <<NOTE: Consultation.>>  Activities.--Under the pilot program, 
the human resources manager of each organization of the Department of 
Defense participating 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) <<NOTE: Assessment.>>  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;

[[Page 134 STAT. 3492]]

            (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 Department 
        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) <<NOTE: Assessment.>>  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) <<NOTE: Recommenda- tions.>>  recommend whether the use 
        of electronic portfolios in the hiring process should be 
        expanded or made permanent; and
            (5) <<NOTE: Recommenda- tions.>>  recommend any statutory, 
        regulatory, or policy changes required to support the goals of 
        the pilot program under subsection (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. <<NOTE: 10 USC 2001 note prec.>>  PILOT PROGRAM ON SELF-
                        DIRECTED TRAINING IN ADVANCED 
                        TECHNOLOGIES.

    (a) <<NOTE: List.>>  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 Department 
        of Defense or member of the Armed Forces has completed an online 
        course approved by the Secretary under subsection (a); and

[[Page 134 STAT. 3493]]

            (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 Department 
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 intelligence, data science, 
machine learning, fifth-generation telecommunications 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. <<NOTE: 10 USC 4001 note.>>  PART-TIME AND TERM 
                        EMPLOYMENT OF UNIVERSITY FACULTY AND 
                        STUDENTS IN THE DEFENSE SCIENCE AND 
                        TECHNOLOGY ENTERPRISE.

    (a) <<NOTE: Deadline.>>  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 students to carry out 
research projects in accordance with subsection (b).

    (b) Research Projects.--
            (1) Faculty.--A faculty member who is employed in position 
        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 available 
        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.

[[Page 134 STAT. 3494]]

            (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 subsection (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 provided 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) <<NOTE: Contracts.>>  enter into cooperative research 
        and development agreements 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) <<NOTE: Referral bonuses.>>  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 laboratories 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

[[Page 134 STAT. 3495]]

        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 
                departments;
                    (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. <<NOTE: 10 USC 2192a note.>>  NATIONAL SECURITY 
                        WORKFORCE AND EDUCATIONAL DIVERSITY 
                        ACTIVITIES.

    (a) In General.--The Secretary of Defense shall seek to diversify 
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) <<NOTE: Evaluation.>>  evaluate the potential for new 
        programs, fellowships, and other activities at historically 
        Black colleges or universities

[[Page 134 STAT. 3496]]

        and minority institutions of higher education to increase 
        diversity 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. <<NOTE: 10 USC 1580 note prec.>>  COORDINATION OF 
                        SCHOLARSHIP AND EMPLOYMENT PROGRAMS 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 responsibility 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 
        Department.
            (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) <<NOTE: Public information. Web posting.>>  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 scholarship 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) <<NOTE: Contracts.>>  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) <<NOTE: Analyses.>>  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 
        organizational 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.

[[Page 134 STAT. 3497]]

            (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. <<NOTE: 15 USC 9301.>>  NATIONAL COORDINATING ENTITY FOR 
                        SUSTAINABLE CHEMISTRY.

    (a) <<NOTE: Deadline.>>  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 
Federal 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.

[[Page 134 STAT. 3498]]

    (d) Agency Participation.--The Entity shall include representatives, 
including subject matter experts, from the Environmental 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. <<NOTE: 15 USC 9302.>>  STRATEGIC PLAN FOR SUSTAINABLE 
                        CHEMISTRY.

    (a) <<NOTE: Deadline.>>  Strategic Plan.--Not later than 2 years 
after the date of the enactment of this subtitle, the Entity shall--
            (1) <<NOTE: Consultation. Update.>>  consult with relevant 
        stakeholders, including representatives 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) <<NOTE: Assessment.>>  develop a working framework of 
        attributes characterizing, and metrics for assessing, 
        sustainable chemistry, as described in subsection (b);
            (3) <<NOTE: Assessment.>>  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 technology platforms, commercial priorities, and 
        barriers to innovation;
            (4) <<NOTE: Coordination.>>  coordinate and support Federal 
        research, development, demonstration, technology transfer, 
        commercialization, education, and training efforts in 
        sustainable chemistry, including budget coordination and support 
        for public-private partnerships, 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 
        sustainable chemistry processes and products;
            (6) identify major scientific challenges, roadblocks, and 
        hurdles to transformational progress in improving the 
        sustainability of the chemical sciences; and
            (7) <<NOTE: Review.>>  review, identify, and make effort to 
        eliminate duplicative Federal funding and duplicative Federal 
        research in sustainable chemistry.

    (b) Characterizing and Assessing Sustainable Chemistry.--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

[[Page 134 STAT. 3499]]

        United States is a member, such as the Organisation for Economic 
        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 activities 
related to sustainable chemistry through workshops, requests for 
information, or other mechanisms as necessary. The stakeholders 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 
        Academies of Sciences, Engineering, and Medicine, scientific 
        professional societies, national labs, and academia;
            (3) the defense community;
            (4) State, tribal, and local governments, including 
        nonregulatory 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 Committee on 
        Commerce, Science, and Transportation, the Committee 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 Commerce, the 
        Committee on Agriculture, the Committee on Education 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) <<NOTE: Summary.>>  a summary of federally 
                funded sustainable chemistry research, development, 
                demonstration, technology transfer, commercialization, 
                education, and training activities;
                    (B) <<NOTE: Summary.>>  a summary of the financial 
                resources allocated to sustainable chemistry initiatives 
                by each participating agency;
                    (C) <<NOTE: Assessment.>>  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) <<NOTE: Analysis.>>  an analysis of the progress 
                made toward achieving the goals and priorities of this 
                subtitle, and recommendations for future program 
                activities;
                    (E) <<NOTE: Evaluation.>>  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) <<NOTE: Evaluation.>>  an evaluation of 
                duplicative Federal funding and duplicative Federal 
                research in sustainable chemistry, efforts undertaken by 
                the Entity to eliminate duplicative

[[Page 134 STAT. 3500]]

                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. <<NOTE: 15 USC 9303.>>  AGENCY ACTIVITIES IN SUPPORT OF 
                        SUSTAINABLE CHEMISTRY.

    (a) In General.--The agencies participating in the Entity shall 
carry out activities in support of sustainable chemistry, as appropriate 
to the specific mission and programs of each agency.
    (b) Activities.--The activities described in subsection (a) shall--
            (1) <<NOTE: Determination.>>  incorporate sustainable 
        chemistry into existing research, development, demonstration, 
        technology transfer, commercialization, education, and training 
        programs, that the agency determines to be relevant, including 
        consideration of--
                    (A) merit-based competitive grants to individual 
                investigators and teams of investigators, including, to 
                the extent practicable, early career investigators, for 
                research and development;
                    (B) grants to fund collaborative research and 
                development partnerships among universities, industry, 
                and nonprofit organizations;
                    (C) coordination of sustainable chemistry research, 
                development, demonstration, and technology transfer 
                conducted 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 
        appropriate 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 curriculum 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

[[Page 134 STAT. 3501]]

                opportunities for professionals including teachers, 
                faculty, and individuals involved in laboratory research 
                (product development, materials specification and 
                testing, life cycle analysis, and management);
            (4) <<NOTE: Examination. Consultation. Assessments.>>  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, standardized tools 
        for performing sustainability assessments of chemistry 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 
        support, 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 
        relevant 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, publicize, and celebrate innovations in sustainable 
        chemistry and chemical technologies.

    (c) Limitations .--Financial support provided under this section 
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. <<NOTE: 15 USC 9304.>>  PARTNERSHIPS IN SUSTAINABLE 
                        CHEMISTRY.

    (a) In General.--The agencies participating in the Entity may 
facilitate and support, through financial, technical, or other 
assistance, 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 
        commercialization programs; and
            (2) train students and retrain professional scientists, 
        engineers, 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

[[Page 134 STAT. 3502]]

                    (B) publicizing the availability of professional 
                development 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 
        technology.
SEC. 265. <<NOTE: 15 USC 9305.>>  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. <<NOTE: 15 USC 9306.>>  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) <<NOTE: Definition.>>  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 Foundation.''.

              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--

[[Page 134 STAT. 3503]]

            (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 evaluation of the 
Department of Defense major weapon systems based on current and emerging 
threats.''.
    (d) Annual Update to Plan.--Subsection (d) of such section is 
amended by adding at the end the following new paragraph:
    ``(5)(A) In addition to the quadrennial strategic plan completed 
under paragraph (1), the Director of the 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) <<NOTE: Summary.>> A summary of changes to the 
        assessment provided in the most recent quadrennial strategic 
        plan.
            ``(ii) <<NOTE: Recommenda- tions.>>  Comments and 
        recommendations the Director considers 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 FEASIBILITY 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 
                material enterprise.''.

[[Page 134 STAT. 3504]]

SEC. 274. ELEMENT IN ANNUAL REPORTS ON CYBER SCIENCE AND 
                        TECHNOLOGY ACTIVITIES ON WORK WITH 
                        ACADEMIC CONSORTIA 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 
        commercial manufacturing, heterogeneous integration, advantaged 
        sensor manufacturing, boutique chip designs, and variable volume 
        production capabilities.
            ``(11) <<NOTE: Assessment.>>  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) <<NOTE: Assessment.>>  An assessment of existing 
        risks to the current microelectronics 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) <<NOTE: Plan.>>  A plan for increasing 
        commercialization of intellectual property developed by the 
        Department of Defense for commercial microelectronics research 
        and development.
            ``(15) <<NOTE: Assessment.>>  An assessment of the 
        feasibility, usefulness, efficacy, and cost of--

[[Page 134 STAT. 3505]]

                    ``(A) developing a national laboratory exclusively 
                focused on the research and development of 
                microelectronics to serve as a center for Federal 
                Government expertise 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 
                microelectronics 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) <<NOTE: Analysis.>>  The development of multiple 
        models of public-private partnerships to execute the strategy, 
        including in-depth analysis 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) <<NOTE: Criteria.>>  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 services and to build and operate the industrial 
        capabilities associated 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 
        determines 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 
        subsection (f):

    ``(f) <<NOTE: Deadline. Strategy. Recommenda- tions. Budget 
estimate.>>  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.

[[Page 134 STAT. 3506]]

    (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 congressional 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 Security, 
        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) <<NOTE: Evaluation.>>  An evaluation of the 
                quantity, quality, and progress of United States 
                fundamental and applied research for emerging 
                biotechnology initiatives for national security 
                purposes.
                    (B) An assessment of the resourcing of United States 
                efforts to harness emerging biotechnology capabilities 
                for national security purposes, including the supporting 
                facilities, 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 
                subject matter expertise necessary to assess rapidly-
                evolving foreign military developments in biotechnology, 
                and the current state of the workforce in the 
                intelligence community.
                    (E) <<NOTE: Recommenda- tions.>> 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).

[[Page 134 STAT. 3507]]

            (2) Form.--The report submitted under paragraph (1) shall be 
        submitted in the following formats--
                    (A) <<NOTE: Classified information.>>  unclassified 
                form, which may include a classified annex; and
                    (B) <<NOTE: Public information.>>  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) <<NOTE: Consultation.>>  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 
                economically disadvantaged individuals; and
                    (D) to increase private-sector commercialization of 
                innovations derived from Federal research and 
                development 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 MITIGATION 
                        EFFORTS.

    (a) Study and Report.--

[[Page 134 STAT. 3508]]

            (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 
        crewmembers of F-35 aircraft.
            (2) <<NOTE: Examinations.>>  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) <<NOTE: Determination.>>  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 congressional 
        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 underlying 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) <<NOTE: Recommenda- tions.>>  any other findings 
                and recommendations of the study.

    (b) <<NOTE: Consultation.>>  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 Authorization 
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 DOMINANCE 
                        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) <<NOTE: Assessments.>>  Elements.--(A) The reviews under 
        paragraphs (1)(A) and (1)(B) shall include an assessment of--

[[Page 134 STAT. 3509]]

                    (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 primary 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) <<NOTE: Recommenda- tions.>>  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.

     <<NOTE: Deadline.>> 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) <<NOTE: Briefing.>>  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 Academies of 
        Sciences, Engineering, and Medicine to perform the services 
        covered by this section.

[[Page 134 STAT. 3510]]

            (2) <<NOTE: Deadline.>>  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) <<NOTE: Recommenda- tions.>>  In general.--Under an 
        agreement between the Secretary and the National Academies of 
        Sciences, Engineering, and Medicine under this section, the 
        National Academies of Sciences, Engineering, and Medicine shall 
        carry out a comparative analysis of efforts by China and the 
        United States Government 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) <<NOTE: Lists.>>  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 Reinvention 
                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 
                programs listed under subparagraph (A) and a description 
                of the incentives offered through incentive programs 
                under such subparagraph to recruit and retain 
                researchers, scientists, and other technical experts.
                    (F) A characterization of the national security, 
                economic, 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 
                subparagraph.
                    (G) <<NOTE: Risk assessment.>>  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 People's Republic of China on 
                Cooperation in Science and Technology'', signed in 
                Washington on January 31, 1979, successor agreements, 
                and similar agreements, administered by the Secretary of 
                State and the heads of other Federal agencies.
                    (H) <<NOTE: List. Recommenda- tions.>>  A list of 
                findings and recommendations relating to policies that 
                can be implemented by the United States,

[[Page 134 STAT. 3511]]

                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 
                carried out under this section and the recommendations 
                developed under this section; and
                    (B) <<NOTE: Public information. Web posting.>>  make 
                available to the public on a publicly accessible website 
                a version of report that is suitable for public viewing.
            (2) <<NOTE: Classified information.>>  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 tactical fighter aircraft operate.
Sec. 314. Modification of authority for environmental restoration 
           projects of National 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 Defense.
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 improvement.
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 conservation 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.

[[Page 134 STAT. 3512]]

Sec. 332. Interagency body on research related to per- and 
           polyfluoroalkyl substances.
Sec. 333. Restriction on Department of Defense procurement of certain 
           items containing 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 Department 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 implications of per- and polyfluoroalkyl substances 
           contamination in drinking water.
Sec. 338. Guaranteeing Equipment Safety for Firefighters Act of 2020.
Sec. 339. Assessment of Department of Defense excess property programs 
           with respect 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 participating 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 Logistics Agency three years prior to implementing 
           changes to any uniform 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 
           munitions 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 
           installations.
Sec. 366. Inapplicability of congressional notification and dollar 
           limitation requirements 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 
           emergency 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 provided 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.

[[Page 134 STAT. 3513]]

                   Subtitle B--Energy and Environment

SEC. 311. MILITARY AVIATION AND INSTALLATION ASSURANCE 
                        CLEARINGHOUSE FOR REVIEW OF MISSION 
                        OBSTRUCTIONS.

    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 
                subparagraph:
            ``(B) After the Clearinghouse issues a notice under 
        subparagraph (A) with respect to an energy project, the parties 
        should seek to identify feasible and affordable actions that can 
        be taken by the 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 
        paragraphs (5) through (7), respectively;
            (3) by inserting after paragraph (3) the following new 
        paragraph (4):

    ``(4) <<NOTE: Notification.>>  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 INTEGRATION 
                        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) <<NOTE: Effective date. 10 USC 2684a note.>>  
        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.

[[Page 134 STAT. 3514]]

    (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 
        following:

    ``(B) <<NOTE: Notice.>>  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 
Secretary concerned reasonable advance notice of its 
intent. <<NOTE: Determination.>>  If the Secretary concerned determines 
it necessary to preserve the purposes 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) <<NOTE: 133 Stat. 1310.>>  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 RESTORATION 
                        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) 
        Notwithstanding'';
            (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--

[[Page 134 STAT. 3515]]

            (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 
        subsections:

    ``(d) <<NOTE: Determinations.>>  Location of Projects.--Projects 
carried out pursuant to this section may be carried out--
            ``(1) on a military installation;
            ``(2) <<NOTE: District of Columbia. Territories.>>  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 
                Secretary concerned to be necessary to maintain, 
                improve, or rapidly reestablish installation mission 
                assurance and mission-essential functions.

    ``(e) <<NOTE: Notification.>>  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) <<NOTE: Cost estimate.>>  the current estimate of the 
        cost of the project;
            ``(B) the source of funds for the project; and
            ``(C) <<NOTE: Certification.>>  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) <<NOTE: Time period.>>  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 concerned may 
obligate from amounts available to the military department 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 <<NOTE: 10 USC 
2684a.>>  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;

[[Page 134 STAT. 3516]]

                    (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 
        resilience; or''; and
            (2) by amending subsection (h) to read as follows:

    ``(h) Interagency Cooperation in Conservation and Resilience 
Programs to Avoid or Reduce Adverse Impacts on Military Installation 
Resilience and Military Readiness Activities.--In order to facilitate 
interagency cooperation and enhance the effectiveness of actions that 
will protect the environment, military 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 
requirement 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 following 
new section:
``Sec. 2920. <<NOTE: 10 USC 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) <<NOTE: Standards.>>  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 availability per fiscal year and not more than 99.9999 
percent availability per fiscal year, depending on the criticality of 
the mission.

    ``(3) The Secretary may establish interim goals to take effect prior 
to fiscal year 2025 to ensure the requirements under this subsection are 
met.
    ``(4) The Secretary of each military department and the head of each 
Defense Agency shall ensure that their organizations meet the 
requirements of this subsection.
    ``(b) <<NOTE: Requirement.>>  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.

[[Page 134 STAT. 3517]]

    ``(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) <<NOTE: Requirements. Data. Compliance.>>  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) <<NOTE: Assessments. Evaluations.>>  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 
        military department and Defense Agency scheduled to conduct such 
        an exercise on a number of installations each year sufficient to 
        allow that military department or Defense Agency to meet 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) <<NOTE: Time period.>>  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) <<NOTE: Verification. Compliance.>>  specify methods 
        and processes to measure, manage, and verify compliance with 
        subsection (a); and

[[Page 134 STAT. 3518]]

            ``(2) ensure that such contracts include requirements 
        appropriate to ensure energy resilience and energy security, 
        including requirements for metering to measure, manage, and 
        verify energy consumption, availability, and reliability 
        consistent with this section and the energy resilience metrics 
        and standards under section 2911(b) of this title.

    ``(f) Exception.--This section does not apply to fuels used in 
aircraft, vessels, or motor vehicles.
    ``(g) <<NOTE: Determination.>>  Report.--If by the end of fiscal 
year 2029, the Secretary determines that the Department will be unable 
to meet the requirements under subsection (a), not later than 90 days 
after the end of such fiscal year, the Secretary shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a report detailing--
            ``(1) the projected shortfall;
            ``(2) reasons for the projected shortfall;
            ``(3) any statutory, technological, or monetary impediments 
        to achieving such requirements;
            ``(4) any impact to readiness or ability to meet the 
        national defense posture; and
            ``(5) any other relevant information as the Secretary 
        considers appropriate.

    ``(h) Definitions.--In this section:
            ``(1) The term `availability' means the availability of 
        required energy at a stated instant of time or over a stated 
        period of time for a specific purpose.
            ``(2) The term `black start exercise' means an exercise in 
        which delivery of energy provided from off an installation is 
        terminated before backup generation assets on the installation 
        are turned on. Such an exercise shall--
                    ``(A) determine the ability of the backup systems to 
                start independently, transfer the load, and carry the 
                load until energy from off the installation is restored;
                    ``(B) align organizations with critical missions to 
                coordinate in meeting critical mission requirements;
                    ``(C) validate mission operation plans, such as 
                continuity of operations plans;
                    ``(D) identify infrastructure interdependencies; and
                    ``(E) verify backup electric power system 
                performance.
            ``(3) The term `critical mission'--
                    ``(A) means those aspects of the missions of an 
                installation, including mission essential operations, 
                that are critical to successful performance of the 
                strategic national defense mission;
                    ``(B) may include operational headquarters 
                facilities, airfields and supporting infrastructure, 
                harbor facilities supporting naval vessels, munitions 
                production and storage facilities, missile fields, 
                radars, satellite control facilities, cyber operations 
                facilities, space launch facilities, operational 
                communications facilities, and biological defense 
                facilities; and
                    ``(C) does not include military housing (including 
                privatized military housing), morale, welfare, and 
                recreation facilities, exchanges, commissaries, or 
                privately owned facilities.
            ``(4) The term `energy' means electricity, natural gas, 
        steam, chilled water, and heated water.

[[Page 134 STAT. 3519]]

            ``(5) The term `installation' has the meaning given the term 
        `military installation' in section 2801(c)(4) of this title.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
subchapter I of chapter 173 of such title <<NOTE: 10 USC 2911 prec.>>  
is amended by inserting after the item relating to section 2919 the 
following new item:

``2920. Energy resilience and energy security measures on military 
           installations.''.

SEC. 317. MODIFICATION TO AVAILABILITY OF ENERGY COST SAVINGS FOR 
                        DEPARTMENT OF DEFENSE.

    Section 2912(a) of title 10, United States Code, is amended by 
inserting ``and, in the case of operational energy, from both training 
and operational missions,'' after ``under section 2913 of this title,''.
SEC. 318. INCREASED TRANSPARENCY THROUGH REPORTING ON USAGE AND 
                        SPILLS OF AQUEOUS FILM-FORMING FOAM AT 
                        MILITARY INSTALLATIONS.

    (a) In General.--Chapter 160 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2712. <<NOTE: Deadlines. 10 USC 2712.>>  Reporting on usage 
                  and spills of aqueous film-forming foam

    ``(a) <<NOTE: Notice.>>  In General.--Not later than 48 hours after 
the Deputy Assistant Secretary of Defense for Environment receives 
notice of the usage or spill of aqueous film forming foam, either as 
concentrate or mixed foam, at any military installation, the Deputy 
Assistant Secretary shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives notice of a usage or spill 
of greater than 10 gallons of concentrate, or greater than 300 gallons 
of mixed foam. Each such notice shall include each of the following 
information:
            ``(1) The name of the installation where the usage or spill 
        occurred.
            ``(2) The date on which the usage or spill occurred.
            ``(3) The amount, type, and specified concentration of 
        aqueous film-forming foam that was used or spilled.
            ``(4) The cause of the usage or spill.
            ``(5) <<NOTE: Summary.>>  A summary narrative of the usage 
        or spill.

    ``(b) Action Plan.--Not later than 60 days after submitting notice 
of a usage or spill under subsection (a), the Deputy Assistant Secretary 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives an action plan for addressing such usage or 
spill. The action plan shall include the following:
            ``(1) A description of what actions have been taken to 
        arrest and clean up a spill.
            ``(2) A description of any coordination with relevant local 
        and State environmental protection agencies.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter <<NOTE: 10 USC 2700 prec.>>  is amended by adding at the 
end the following new item:

``2712. Reporting on usage and spills of aqueous film-forming foam.''.

[[Page 134 STAT. 3520]]

SEC. 319. NATIVE AMERICAN LANDS ENVIRONMENTAL MITIGATION PROGRAM.

    (a) In General.--Chapter 160 of title 10, United States Code, as 
amended by section 318(a), is further amended by adding at the end the 
following new section:
``Sec. 2713. <<NOTE: 10 USC 2713.>>  Native American lands 
                  environmental mitigation program

    ``(a) Establishment.--The Secretary of Defense may establish and 
carry out a program to mitigate the environmental effects of actions by 
the Department of Defense on Indian lands and on other locations where 
the Department, an Indian tribe, and the current land owner agree that 
such mitigation is appropriate.
    ``(b) Program Activities.--The activities that may be carried out 
under the program established under subsection (a) are the following:
            ``(1) Identification, investigation, and documentation of 
        suspected environmental effects attributable to past actions by 
        the Department of Defense.
            ``(2) <<NOTE: Cost estimates.>>  Development of mitigation 
        options for such environmental effects, including development of 
        cost-to-complete estimates and a system for prioritizing 
        mitigation actions.
            ``(3) <<NOTE: Determination.>>  Direct mitigation actions 
        that the Secretary determines are necessary and appropriate to 
        mitigate the adverse environmental effects of past actions by 
        the Department.
            ``(4) Demolition and removal of unsafe buildings and 
        structures used by, under the jurisdiction of, or formerly used 
        by or under the jurisdiction of the Department.
            ``(5) Training, technical assistance, and administrative 
        support to facilitate the meaningful participation of Indian 
        tribes in mitigation actions under the program.
            ``(6) <<NOTE: Consultation.>>  Development and execution of 
        a policy governing consultation with Indian tribes that have 
        been or may be affected by action by the Department, including 
        training personnel of the Department to ensure compliance with 
        the policy.

    ``(c) Cooperative Agreements.--(1) In carrying out the program 
established under subsection (a), the Secretary of Defense may enter 
into a cooperative agreement with an Indian tribe or an instrumentality 
of tribal government.
    ``(2) Notwithstanding chapter 63 of title 31, a cooperative 
agreement under this section may be used to acquire property or services 
for the direct benefit of the United States Government.
    ``(3) <<NOTE: Time period.>>  A cooperative agreement under this 
section for the procurement of severable services may begin in one 
fiscal year and end in another fiscal year only if the total period of 
performance does not exceed two calendar years.

    ``(d) Definitions.--In this section:
            ``(1) The term `Indian land' includes--
                    ``(A) any land located within the boundaries and a 
                part of an Indian reservation, pueblo, or rancheria;
                    ``(B) any land that has been allotted to an 
                individual Indian but has not been conveyed to such 
                Indian with full power of alienation;
                    ``(C) Alaska Native village and regional corporation 
                lands; and

[[Page 134 STAT. 3521]]

                    ``(D) lands and waters upon which any federally 
                recognized Indian tribe has rights reserved by treaty, 
                Act of Congress, or action by the President.
            ``(2) The term `Indian tribe' means any Indian tribe, band, 
        nation, or other organized group or community, including any 
        Alaska Native village or regional or village corporation as 
        defined in or established pursuant to the Alaska Native Claims 
        Settlement Act (43 U.S.C. 1601 et seq.), which is recognized as 
        eligible for the special programs and services provided by the 
        United States to Indians because of their status as Indians.

    ``(e) Limitation.--Nothing in this section shall be interpreted to 
require, compel, or otherwise authorize access to any lands without the 
landowner's consent.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 160 of such title, as amended by section <<NOTE: 10 USC 2700 
prec.>>  318(b), is further amended by inserting after the item relating 
to section 2712 the following new item:

``2713. 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.

    (a) <<NOTE: Deadline. Coordination. Criteria.>>  Study.--Not later 
than 90 days after the date of the enactment of this Act, the Secretary 
of Defense, in coordination with the Administrator of the Environmental 
Protection Agency, the Secretary of State, and the United States 
Commissioner of the International Boundary and Water Commission, shall 
develop criteria for the selection of project alternatives to address 
the impacts of transboundary flows, spills, or discharges of pollution 
or debris from the Tijuana River on the personnel, activities, and 
installations of the Department of Defense.

    (b) <<NOTE: Recommenda- tions.>>  Elements.--The projects referred 
to in subsection (b) shall address the short-term, long-term, primary, 
and secondary impacts of transboundary flows, spills, or discharges of 
pollution or debris from the Tijuana River and include recommendations 
to mitigate such impacts.
SEC. 321. <<NOTE: 10 USC 2922 note prec.>>  PILOT PROGRAM ON 
                        ALTERNATIVE FUEL VEHICLE PURCHASING.

    (a) <<NOTE: Coordination.>>  In General.--The Secretary of Defense, 
in coordination with the Secretary of Energy and the Administrator of 
the General Services Administration, shall carry out a pilot program 
under which the Secretary of Defense may, notwithstanding section 400AA 
of the Energy Policy and Conservation Act (42 U.S.C. 6374), purchase new 
alternative fuel vehicles for which the initial cost of such vehicles 
exceeds the initial cost of a comparable gasoline or diesel fueled 
vehicle by not more than 10 percent.

    (b) Locations.--
            (1) In general.--The Secretary of Defense shall carry out 
        the pilot program under subsection (a) at not fewer than 2 
        facilities or installations of each military department in the 
        continental United States that--
                    (A) have the largest total number of attached 
                noncombat vehicles as compared to other facilities or 
                installations of the Department of Defense; and

[[Page 134 STAT. 3522]]

                    (B) are located within 20 miles of public or private 
                refueling or recharging stations.
            (2) Air force logistics center.--One of the facilities or 
        installations selected under paragraph (1) shall be an Air Force 
        Logistics Center.

    (c) Alternative Fuel Vehicle Defined.--In this section, the term 
``alternative fuel vehicle'' includes a vehicle that uses--
            (1) a fuel or power source described in the first sentence 
        of section 241(2)of the Clean Air Act (42 U.S.C. 7581(2)); or
            (2) propane.
SEC. 322. <<NOTE: 10 USC 221 note.>>  BUDGETING OF DEPARTMENT OF 
                        DEFENSE RELATING TO OPERATIONAL ENERGY 
                        IMPROVEMENT.

    The Secretary of Defense shall include in the annual budget 
submission of the President under section 1105(a) of title 31, United 
States Code, a dedicated budget line item for fielding operational 
energy improvements, including such improvements for which funds from 
the Operational Energy Capability Improvement Fund have been expended to 
create the operational and business case for broader employment.
SEC. 323. ASSESSMENT OF DEPARTMENT OF DEFENSE OPERATIONAL ENERGY 
                        USAGE.

    (a) <<NOTE: Deadline. Contracts.>>  In General.--Not later than 60 
days after the date of the enactment of this Act, the Secretary of 
Defense shall enter into an agreement with a federally funded research 
and development center with relevant expertise under which such center 
shall conduct an assessment of Department of Defense operational energy 
usage, including an agency-wide view and breakdowns of progress by 
service branch.

    (b) <<NOTE: Analyses.>>  Elements.--The assessment required under 
subsection (a) shall include--
            (1) an analysis of the extent to which the Department of 
        Defense developed an integrated operational energy strategy and 
        the extent to which each of the military departments has 
        implemented such strategy;
            (2) an analysis of the viability of implementing net zero 
        initiatives within the operational energy enterprise without 
        negatively impacting mission capability;
            (3) an analysis of ways to overcome contested logistics 
        challenges such as the tyranny of distance within the United 
        States Indo-Pacific Command, including--
                    (A) <<NOTE: Strategies.>>  strategies to improve the 
                energy production, storage, and distribution system that 
                enhance logistics supply chain resiliency; and
                    (B) ways to reduce the demand for resupply to 
                decrease the strain on the logistics supply chain; and
            (4) an analysis of the integration between energy offices 
        with program offices, budget, and operational planners within 
        the Department of Defense and military departments, and 
        recommendations for improving coordination.

    (c) <<NOTE: Classified information.>>  Form of Report.--The report 
required under this section shall be submitted in unclassified form, but 
may contain a classified annex.

[[Page 134 STAT. 3523]]

SEC. 324. <<NOTE: 10 USC 2911 note.>>  IMPROVEMENT OF THE 
                        OPERATIONAL ENERGY CAPABILITY IMPROVEMENT 
                        FUND OF THE DEPARTMENT OF DEFENSE.

    (a) Management of the Operational Energy Capability Improvement 
Fund.--The Assistant Secretary of Defense for Energy, Installations, and 
Environment shall exercise authority, direction, and control over the 
Operational Energy Capability Improvement Fund of the Department of 
Defense (in this section referred to as the ``OECIF'').
    (b) Alignment and Coordination With Related Programs.--
            (1) <<NOTE: Deadline.>>  Realignment of oecif.--Not later 
        than 60 days after the date of the enactment of this Act, the 
        Secretary of Defense shall realign the OECIF under the Assistant 
        Secretary of Defense for Energy, Installations, and Environment, 
        with such realignment to include personnel positions adequate 
        for the mission of the OECIF.
            (2) Better coordination with related programs.--The 
        Assistant Secretary shall ensure that the placement under the 
        authority of the Assistant Secretary of the OECIF along with the 
        Strategic Environmental Research Program, the Environmental 
        Security Technology Certification Program, and the Operational 
        Energy Prototyping Program is utilized to advance common goals 
        of the Department, promote organizational synergies, and avoid 
        unnecessary duplication of effort.

    (c) Program for Operational Energy Prototyping.--
            (1) <<NOTE: Deadline.>>  In general.--Commencing not later 
        than 90 days after the date of the enactment of this Act, the 
        Secretary of Defense, through the Assistant Secretary of Defense 
        for Energy, Installations, and Environment, shall carry out a 
        program for the demonstration of technologies related to 
        operational energy prototyping, including demonstration of 
        operational energy technology and validation prototyping.
            (2) Operation of program.--The Secretary shall ensure that 
        the program under paragraph (1) operates in conjunction with the 
        OECIF to promote the transfer of innovative technologies that 
        have successfully established proof of concept for use in 
        production or in the field.
            (3) Program elements.--In carrying out the program under 
        paragraph (1) the Secretary shall--
                    (A) identify and demonstrate the most promising, 
                innovative, and cost-effective technologies and methods 
                that address high-priority operational energy 
                requirements of the Department of Defense;
                    (B) in conducting demonstrations under subparagraph 
                (A)--
                          (i) collect cost and performance data to 
                      overcome barriers against employing an innovative 
                      technology because of concerns regarding technical 
                      or programmatic risk; and
                          (ii) ensure that components of the Department 
                      have time to establish new requirements where 
                      necessary and plan, program, and budget for 
                      technology transition to programs of record;
                    (C) utilize project structures similar to those of 
                the OECIF to ensure transparency and accountability 
                throughout the efforts conducted under the program; and

[[Page 134 STAT. 3524]]

                    (D) give priority, in conjunction with the OECIF, to 
                the development and fielding of clean technologies that 
                reduce reliance on fossil fuels.
            (4) Tool for accountability and transition.--
                    (A) In general.--In carrying out the program under 
                paragraph (1) the Secretary shall develop and utilize a 
                tool to track relevant investments in operational energy 
                from applied research to transition to use to ensure 
                user organizations have the full picture of technology 
                maturation and development.
                    (B) Transition.--The tool developed and utilized 
                under subparagraph (A) shall be designed to overcome 
                transition challenges with rigorous and well-documented 
                demonstrations that provide the information needed by 
                all stakeholders for acceptance of the technology.
            (5) Locations.--
                    (A) <<NOTE: Evaluation.>>  In general.--The 
                Secretary shall carry out the testing and evaluation 
                phase of the program under paragraph (1) at 
                installations of the Department of Defense or in 
                conjunction with exercises conducted by the Joint Staff, 
                a combatant command, or a military department.
                    (B) Formal demonstrations.--The Secretary shall 
                carry out any formal demonstrations under the program 
                under paragraph (1) at installations of the Department 
                or in operational settings to document and validate 
                improved warfighting performance and cost savings.
SEC. 325. FIVE-YEAR REVIEWS OF CONTAINMENT TECHNOLOGIES RELATING 
                        TO RED HILL BULK FUEL STORAGE FACILITY.

    (a) Reviews.--
            (1) Reviews required.--At least once every 5 years, 
        concurrently with the Department of the Navy's Tank Upgrade 
        Alternative (TUA) decision review, the Secretary of the Navy 
        shall conduct a review of available technologies relating to the 
        containment of fuel to determine whether any such technology may 
        be used to improve the containment of fuel with respect to 
        storage tanks located at the Red Hill Bulk Fuel Storage 
        Facility, Hawaii.
            (2) Deadline for initial review.--The Secretary shall 
        conduct the first review under paragraph (1) concurrent with the 
        first TUA decision review conducted after the date of the 
        enactment of this Act.

    (b) <<NOTE: Deadline.>>  Briefings.--Not later than 60 days after 
the date on which a review conducted under subsection (a) is completed, 
the Secretary shall provide to the congressional defense committees a 
briefing on--
            (1) any technology identified in such review that the 
        Secretary determines may be used to improve the containment of 
        fuel with respect to storage tanks located at the Red Hill Bulk 
        Fuel Storage Facility; and
            (2) the feasibility and cost of implementing any such 
        technology at the Red Hill Bulk Fuel Storage Facility.

    (c) <<NOTE: Determination.>>  Termination.--The requirements to 
conduct reviews under subsection (a) and provide briefings under 
subsection (b) shall terminate on the date on which the Red Hill Bulk 
Fuel Storage Facility ceases operation, as determined by the Secretary 
of the Navy.

[[Page 134 STAT. 3525]]

SEC. 326. <<NOTE: Contracts. Certification. Russia.>>  LIMITATION 
                        ON USE OF FUNDS FOR ACQUISITION OF 
                        FURNISHED ENERGY FOR RHINE ORDNANCE 
                        BARRACKS ARMY MEDICAL CENTER.

    None of the funds authorized to be appropriated by this Act or 
otherwise made available for fiscal year 2021 for the Department of 
Defense may be used to enter into a contract for the acquisition of 
furnished energy for the new Rhine Ordnance Barracks Army Medical Center 
(hereafter referred to as the ``Medical Center'') before the date on 
which Secretary of Defense submits to the congressional defense 
committees a written certification that the Medical Center does not use 
any energy sourced from inside the Russian Federation as a means of 
generating the furnished energy.
SEC. 327. REQUIREMENT TO UPDATE DEPARTMENT OF DEFENSE ADAPTATION 
                        ROADMAP.

    (a) <<NOTE: Deadline.>>  In General.--Not later than February 1, 
2022, the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and House of Representatives an update to the 
Department of Defense 2014 Adaptation 
Roadmap. <<NOTE: Strategy. Implementation plan.>>  Such update shall 
include an outline of the strategy and implementation plan of the 
Department to address the current and foreseeable effects of extreme 
weather and sea level fluctuations on the mission of the Department of 
Defense.

    (b) Elements of Strategy and Implementation Plan.--The strategy and 
implementation plan required to be included in the update under 
subsection (a) shall include--
            (1) a description of the overarching approach of the 
        Department to extreme weather, sea level fluctuations, and 
        associated mitigation measures; and
            (2) a discussion of the current and foreseeable effects of 
        extreme weather and seal level fluctuations on--
                    (A) plans and operations, including--
                          (i) military readiness;
                          (ii) increased frequency, if any, of extreme 
                      weather events, including flooding, drought, 
                      desertification, wildfires, thawing permafrost, 
                      hurricanes, and extreme heat;
                          (iii) geopolitical instability, if any, caused 
                      by climate events, including extreme weather;
                          (iv) increased demand, if any for Defense 
                      Support for Civil Authorities and disaster or 
                      humanitarian relief operations;
                          (v) the operating environment of the Arctic 
                      and of the strategic and geopolitical implications 
                      of an ice-free Arctic Ocean; and
                          (vi) alteration or limitation on operation 
                      environments;
                    (B) training and testing, including--
                          (i) changes in land carrying capacity;
                          (ii) increased maintenance and repair 
                      requirements for equipment and infrastructure;
                          (iii) mitigation of heat stress and heat-
                      related illnesses resulting from increasing 
                      temperatures;
                          (iv) increased dust generation and fire 
                      hazards; and

[[Page 134 STAT. 3526]]

                          (v) maintaining testing and training capacity 
                      to support increased operations and civil support 
                      missions;
                    (C) built and natural infrastructure, including--
                          (i) military installation resilience, as such 
                      term is defined in section 101(e)(8) of title 10, 
                      United States Code, of installations both within 
                      and outside the United States and its possessions 
                      and territories and of the State-owned National 
                      Guard installations of the several States;
                          (ii) resilience of the air and sea ports of 
                      our allies and partners that are critical to the 
                      training, deployment, and operations of the Armed 
                      Forces of the United States and its allies and 
                      partners;
                          (iii) resilience of the deployment system and 
                      structure of the Department of Defense and of the 
                      United States, including the strategic highway 
                      network, the strategic rail network, and 
                      designated strategic air and sea ports;
                          (iv) best practices for modeling and 
                      mitigating risks posed to military installations 
                      by increased inundation, erosion, flood, wind, and 
                      fire damage;
                          (v) changing energy demand at military 
                      installations to include heating and cooling, 
                      particularly in communities experiencing grid 
                      stress;
                          (vi) disruption and competition for reliable 
                      energy and water resources;
                          (vii) increased maintenance and sustainment 
                      costs;
                          (viii) damage to natural and constructed 
                      infrastructure from thawing permafrost and sea 
                      ice; and
                          (ix) the effects of extreme weather and sea 
                      level fluctuations on community support 
                      infrastructure, including roads, transportation 
                      hubs, and medical facilities;
                    (D) acquisition and supply chain, including--
                          (i) measures to ensure that the current and 
                      projected future scale and impacts of extreme 
                      weather and sea level fluctuations are fully 
                      considered in the research, development, testing, 
                      and acquisition of major weapon systems and of 
                      associated supplies and equipment;
                          (ii) required alterations of stockpiles;
                          (iii) reduced or changed availability and 
                      access to materials, equipment, and supplies, 
                      including water and food sources;
                          (iv) disruptions in fuel availability and 
                      distribution;
                          (v) estimated investments required to address 
                      foreseeable costs incurred or influenced by 
                      extreme weather and sea level fluctuations for 
                      each of the lines of effort in this report, to 
                      include extreme weather response, over the next 5, 
                      10, and 20 years, with topline estimates and a 
                      qualitative discussion of cost drivers for each; 
                      and
                          (vi) equipment and infrastructure investments 
                      required to address a changing Arctic environment; 
                      and

[[Page 134 STAT. 3527]]

                    (E) such other matters as the Secretary determines 
                appropriate; and

    (c) Assessments and Projections.--In preparing the update as 
required under subsection (a), the Secretary shall consider--
            (1) climate projections from the Global Change Research 
        Office, National Climate Assessment, the National Oceanic and 
        Atmospheric Administration, and other Federal agencies; and
            (2) <<NOTE: Data. Analysis.>>  data on, and analysis of, the 
        national security effects of climate prepared by the Climate 
        Security Advisory Council of the Office of the Director of 
        National Intelligence established pursuant to section 120 of the 
        National Security Act of 1947 (50 U.S.C. 3060) and by other 
        elements of the intelligence community.

    (d) <<NOTE: Classified information.>>  Form.--The update to the 
adaptation roadmap required under subsection (a) shall be submitted in 
an unclassified form, but may contain a classified 
annex. <<NOTE: Determination. Briefing. Deadline.>>  If the Secretary 
determines that the inclusion of a classified annex is necessary, the 
Secretary shall conduct an in-person briefing for Members of the 
Committees on Armed Services of the Senate and House of Representatives 
by not later than 90 days after the date of the submission of the 
update.
SEC. 328. DEPARTMENT OF DEFENSE REPORT ON GREENHOUSE GAS EMISSIONS 
                        LEVELS.

    (a) <<NOTE: Time period.>>  In General.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and House 
of Representatives and to the Comptroller General a report on the total 
level of greenhouse gas emissions for each of the last 10 fiscal years. 
Such emissions levels shall include the agency-wide total, breakdowns by 
military department, and delineations between installation and 
operational emissions.

    (b) <<NOTE: Classified information.>>  Form of Report.--The report 
required under this section shall be submitted in unclassified form, but 
may contain a classified annex.
SEC. 329. <<NOTE: 16 USC 1536 note.>>  OBJECTIVES, PERFORMANCE 
                        STANDARDS, AND CRITERIA FOR USE OF 
                        WILDLIFE CONSERVATION BANKING PROGRAMS.

    (a) <<NOTE: Regulations.>>  In General.--To ensure opportunities for 
Department of Defense participation in wildlife conservation banking 
programs pursuant to section 2694c of title 10, United States Code, the 
Secretary of the Interior, acting through the Director of the United 
States Fish and Wildlife Service, shall issue regulations of general 
applicability establishing objectives, measurable performance standards, 
and criteria for use, consistent with the Endangered Species Act (16 
U.S.C. 1531 et seq.), for mitigation banking offsetting effects on a 
species, or habitat of such species, that is endangered, threatened, a 
candidate for listing, or otherwise at risk under such Act. To the 
maximum extent practicable, the regulatory standards and criteria shall 
maximize available credits and opportunities for mitigation, provide 
flexibility for characteristics of various species, and apply equivalent 
standards and criteria to all mitigation banks.

    (b) <<NOTE: Publication. Notice.>>  Deadline for Regulations.--The 
Secretary of the Interior, acting through the Director of the United 
States Fish and Wildlife Service, shall publish an advance notice of 
proposed rulemaking for the regulations required by subsection (a) by 
not later than 1 year after the date of the enactment of this Act.

[[Page 134 STAT. 3528]]

SEC. 330. <<NOTE: 10 USC 2661 note prec.>>  PRIZES FOR DEVELOPMENT 
                        OF NON-PFAS-CONTAINING FIRE-FIGHTING 
                        AGENT.

    (a) Authority.--The Secretary of Defense, acting through the 
Assistant Secretary of Defense for Sustainment and the Strategic 
Environmental Research and Development Program, may carry out a program 
to award cash prizes and other types of prizes that the Secretary 
determines are appropriate to recognize outstanding achievements in the 
development of a non-PFAS-containing fire-fighting agent to replace 
aqueous film-forming foam with the potential for application to the 
performance of the military missions of the Department of Defense.
    (b) Competition Requirements.--A program under subsection (a) shall 
use a competitive process for the selection of recipients of cash 
prizes. The process shall include the widely-advertised solicitation of 
submissions of research results, technology developments, and 
prototypes.
    (c) <<NOTE: Applicability. Approval.>>  Limitations.--The following 
limitations shall apply to a program under subsection (a):
            (1) No prize competition may result in the award of a prize 
        with a fair market value of more than $5,000,000.
            (2) No prize competition may result in the award of more 
        than $1,000,000 in cash prizes without the approval of the 
        Assistant Secretary of Defense for Sustainment.
            (3) No prize competition may result in the award of a solely 
        nonmonetary prize with a fair market value of more than $10,000 
        without the approval of the Assistant Secretary of Defense for 
        Sustainment.

    (d) Relationship to Other Authority.--A program under subsection (a) 
may be carried out in conjunction with or in addition to the exercise of 
any other authority of the Department of Defense.
    (e) Use of Prize Authority.--Use of prize authority under this 
section shall be considered the use of competitive procedures for the 
purposes of section 2304 of title 10, United States Code.
    (f) PFAS Defined.--In this section, the term ``PFAS'' means--
            (1) man-made chemicals of which all of the carbon atoms are 
        fully fluorinated carbon atoms; and
            (2) man-made chemicals containing a mix of fully fluorinated 
        carbon atoms, partially fluorinated carbon atoms, and 
        nonfluorinated carbon atoms.

    (g) Termination.--The authority to carry out a program under this 
section shall terminate on October 1, 2024.
SEC. 331. SURVEY OF TECHNOLOGIES FOR DEPARTMENT OF DEFENSE 
                        APPLICATION IN PHASING OUT THE USE OF 
                        FLUORINATED AQUEOUS FILM-FORMING FOAM.

    (a) Survey of Technologies.--The Secretary of Defense shall conduct 
a survey of relevant technologies, other than fire-fighting agent 
solutions, to determine whether any such technologies are available and 
can be adapted for use by the Department of Defense to facilitate the 
phase-out of fluorinated aqueous film-forming foam. The technologies 
surveyed under this subsection shall include hangar flooring systems, 
fire-fighting agent delivery systems, containment systems, and other 
relevant technologies the Secretary determines appropriate.
    (b) <<NOTE: Deadline.>>  Briefing.--Not later than 1 year after the 
date of enactment of this Act, the Secretary shall provide the 
congressional defense

[[Page 134 STAT. 3529]]

committees a briefing on the results of the survey conducted under 
subsection (a). The briefing shall include--
            (1) a description of the technologies included in the 
        survey;
            (2) <<NOTE: List.>>  a list of the technologies that were 
        considered for further testing or analysis; and
            (3) any technologies that are undergoing additional analysis 
        for possible application within the Department.
SEC. 332. <<NOTE: 15 USC 8963.>>  INTERAGENCY BODY ON RESEARCH 
                        RELATED TO PER- AND POLYFLUOROALKYL 
                        SUBSTANCES.

    (a) Establishment.--The Director of the Office of Science and 
Technology Policy, acting through the National Science and Technology 
Council, shall establish, or designate, an interagency working group to 
coordinate Federal activities related to PFAS research and development.
    (b) Agency Participation.--The interagency working group shall 
include a representative of each of--
            (1) the Environmental Protection Agency;
            (2) the National Institute of Environmental Health Sciences;
            (3) the Agency for Toxic Substances and Disease Registry;
            (4) the National Science Foundation;
            (5) the Department of Defense;
            (6) the National Institutes of Health;
            (7) the National Institute of Standards and Technology;
            (8) the National Oceanic and Atmospheric Administration;
            (9) the Department of the Interior;
            (10) the Department of Transportation;
            (11) the Department of Homeland Security;
            (12) the National Aeronautics and Space Administration;
            (13) the National Toxicology Program;
            (14) the Department of Agriculture;
            (15) the Geological Survey;
            (16) the Department of Commerce;
            (17) the Department of Energy;
            (18) the Office of Information and Regulatory Affairs;
            (19) the Office of Management and Budget; and
            (20) any such other Federal department or agency as the 
        Director of the Office of Science and Technology Policy 
        considers appropriate.

    (c) Co-chairs.--The Interagency working group shall be co-chaired by 
the Director of the Office of Science and Technology Policy and, on a 
biannual rotating basis, a representative from a member agency, as 
selected by the Director of the Office of Science and Technology Policy.
    (d) Responsibilities of the Working Group.--The interagency working 
group established under subsection (a) shall--
            (1) provide for interagency coordination of federally funded 
        PFAS research and development; and
            (2) <<NOTE: Deadline. Public information. Strategic 
        plan. Update. Time period.>>  not later than 12 months after the 
        date of enactment of this Act, develop and make publicly 
        available a strategic plan for Federal support for PFAS research 
        and development (to be updated not less frequently than once 
        every three years) that--
                    (A) identifies all current federally funded PFAS 
                research and development, including the nature and scope 
                of such research and development and the amount of

[[Page 134 STAT. 3530]]

                funding associated with such research and development 
                during the current fiscal year, disaggregated by agency;
                    (B) <<NOTE: Time period.>>  identifies all federally 
                funded PFAS research and development having taken place 
                in the last three years, excluding the research listed 
                under subparagraph (A), including the nature and scope 
                of such research and development and the amount of 
                funding associated with such research and development 
                during the current fiscal year, disaggregated by agency;
                    (C) identifies scientific and technological 
                challenges that must be addressed to understand and to 
                significantly reduce the environmental and human health 
                impacts of PFAS and to identify cost-effective--
                          (i) alternatives to PFAS that are designed to 
                      be safer and more environmentally friendly;
                          (ii) methods for removal of PFAS from the 
                      environment; and
                          (iii) methods to safely destroy or degrade 
                      PFAS;
                    (D) establishes goals, priorities, and metrics for 
                federally funded PFAS research and development that 
                takes into account the current state of research and 
                development identified in subparagraph (A) and the 
                challenges identified in subparagraph (C); and
                    (E) <<NOTE: Implementation plan.>>  an 
                implementation plan for Federal agencies and, for each 
                update to the strategic plan under this paragraph, a 
                description of how Federal agencies have been following 
                the implementation plan.

    (e) Consultation.--In developing the strategic plan under subsection 
(d)(2), the interagency working group shall consult with States, tribes, 
territories, local governments, appropriate industries, academic 
institutions and nongovernmental organizations with expertise in PFAS 
research and development, treatment, management, and alternative 
development.
    (f) Sunset.--The strategic plan requirement described under section 
(d)(2) shall cease on the date that is 20 years after the initial 
strategic plan is developed.
    (g) Definitions.--In this section:
            (1) PFAS.--The term ``PFAS'' means--
                    (A) man-made chemicals of which all of the carbon 
                atoms are fully fluorinated carbon atoms; and
                    (B) man-made chemicals containing a mix of fully 
                fluorinated carbon atoms, partially fluorinated carbon 
                atoms, and nonfluorinated carbon atoms.
            (2) PFAS research and development defined.--The term ``PFAS 
        research and development'' includes any research or project that 
        has the goal of accomplishing the following:
                    (A) The removal of PFAS from the environment.
                    (B) The safe destruction or degradation of PFAS.
                    (C) The development and deployment of safer and more 
                environmentally friendly alternative substances that are 
                functionally similar to those made with PFAS.
                    (D) The understanding of sources of environmental 
                PFAS contamination and pathways to exposure for the 
                public.
                    (E) The understanding of the toxicity of PFAS to 
                humans and animals.

[[Page 134 STAT. 3531]]

SEC. 333. <<NOTE: 10 USC 3062 note.>>  RESTRICTION ON DEPARTMENT 
                        OF DEFENSE PROCUREMENT OF CERTAIN ITEMS 
                        CONTAINING PERFLUOROOCTANE SULFONATE OR 
                        PERFLUOROOCTANOIC ACID.

    (a) Prohibition.--The Department of Defense may not procure any 
covered item that contains perfluorooctane sulfonate (PFOS) or 
perfluorooctanoic acid (PFOA).
    (b) Definitions.--In this section, the term ``covered item'' means--
            (1) nonstick cookware or cooking utensils for use in galleys 
        or dining facilities; and
            (2) upholstered furniture, carpets, and rugs that have been 
        treated with stain-resistant coatings.

    (c) Effective Date.--This section shall take effect on April 1, 
2023.
SEC. 334. <<NOTE: 10 USC 2661 note prec.>>  RESEARCH AND 
                        DEVELOPMENT OF ALTERNATIVE TO AQUEOUS 
                        FILM-FORMING FOAM.

    (a) <<NOTE: Consultation. Grants.>>  In General.--The Secretary of 
Defense, acting through the National Institute of Standards and 
Technology and in consultation with appropriate stakeholders and 
manufactures, research institutions, and other Federal agencies shall 
award grants and carry out other activities to--
            (1) promote and advance the research and development of 
        additional alternatives to aqueous film-forming foam (in this 
        section referred to as ``AFFF'') containing per- and 
        polyfluoroalkyl substances (in this section referred to as 
        ``PFAS'') to facilitate the development of a military 
        specification and subsequent fielding of a PFAS-free fire-
        fighting foam;
            (2) advance the use of green and sustainable chemistry for a 
        fluorine-free alternative to AFFF;
            (3) increase opportunities for sharing best practices within 
        the research and development sector with respect to AFFF;
            (4) assist in the testing of potential alternatives to AFFF; 
        and
            (5) <<NOTE: Guidelines.>>  provide guidelines on priorities 
        with respect to an alternative to AFFF.

    (b) Additional Requirements.--In carrying out the program required 
under subsection (a), the Secretary shall--
            (1) take into consideration the different uses of AFFF and 
        the priorities of the Department of Defense in finding an 
        alternative;
            (2) prioritize green and sustainable chemicals that do not 
        pose a threat to public health or the environment; and
            (3) use and leverage research from existing Department of 
        Defense programs.

    (c) Report.--The Secretary shall submit to Congress a report on--
            (1) the priorities and actions taken with respect to finding 
        an alternative to AFFF and the implementation of such 
        priorities; and
            (2) any alternatives the Secretary has denied, and the 
        reason for any such denial.

    (d) Use of Funds.--This section shall be carried out using amounts 
authorized to be available for the Strategic Environmental Research and 
Development Program.

[[Page 134 STAT. 3532]]

SEC. 335. <<NOTE: 10 USC 2701 note.>>  NOTIFICATION TO 
                        AGRICULTURAL OPERATIONS LOCATED IN AREAS 
                        EXPOSED TO DEPARTMENT OF DEFENSE PFAS USE.

    (a) <<NOTE: Deadline. Consultation.>>  Notification Required.--Not 
later than 60 days after the date of the enactment of this Act, the 
Secretary of Defense, in consultation with the Secretary of Agriculture, 
shall provide a notification described in subsection (b) to any 
agricultural operation located within one mile down gradient of a 
military installation or National Guard facility where covered PFAS--
            (1) has been detected in groundwater;
            (2) has been hydrologically linked to a local agricultural 
        or drinking water source, including a water well; and
            (3) is suspected to be, or known to be, the result of the 
        use of PFAS at an installation of the Department of Defense 
        located in the United States or State-owned facility of the 
        National Guard.

    (b) Notification Requirements.--The notification required under 
subsection (a) shall include the following information:
            (1) The name of the Department of Defense installation or 
        National Guard facility from which the covered PFAS in 
        groundwater originated.
            (2) The specific covered PFAS detected in groundwater.
            (3) The levels of the covered PFAS detected.
            (4) Relevant governmental information regarding the health 
        and safety of the covered PFAS detected, including relevant 
        Federal or State standards for PFAS in groundwater, livestock, 
        food commodities and drinking water, and any known restrictions 
        for sale of agricultural products that have been irrigated or 
        watered with water containing PFAS.

    (c) <<NOTE: Deadline.>>  Additional Testing Results.--The Secretary 
of Defense shall provide to an agricultural operation that receives a 
notice under subsection (a) any pertinent updated information, including 
any results of new elevated testing, by not later than 15 days after 
receiving validated test results.

    (d) <<NOTE: Time period.>>  Report to Congress.--Not later than 90 
days after the date of the enactment of this Act, and annually 
thereafter, the Secretary of Defense shall submit to the Committee on 
Agriculture, Nutrition, and Forestry of the Senate and the Committee on 
Agriculture of the House of Representatives a report on the status of 
providing notice under subsection (a). Such report shall include, for 
the period covered by the report--
            (1) the approximate locations of such operations relative to 
        installations of the Department of Defense located in the United 
        States and State-owned facilities of the National Guard;
            (2) the covered PFAS detected in groundwater; and
            (3) the levels of covered PFAS detected.

    (e) Definitions.--In this section:
            (1) The term ``covered PFAS'' means each of the following:
                    (A) Perfluorooctanoic acid (commonly referred to as 
                ``PFOA'') (Chemical Abstracts Service No. 335-67-1) 
                detected in groundwater above 70 parts per trillion, 
                individually or in combination with PFOS.
                    (B) Perfluorooctane sulfonic acid (commonly referred 
                to as ``PFOS'') (Chemical Abstracts Service No. 1763-23-
                1) detected in groundwater above 70 parts per trillion, 
                individually or in combination with PFOA.

[[Page 134 STAT. 3533]]

                    (C) Perfluorobutanesulfonic acid (commonly referred 
                to as ``PFBS'') (Chemical Abstracts Service No. 375-73-
                5) detected in groundwater above 40 parts per billion.
            (2) The term ``PFAS'' means a perfluoroalkyl or 
        polyfluoroalkyl substance with at least one fully fluorinated 
        carbon atom, including the chemical GenX.
SEC. 336. REPORTING ON ENERGY SAVINGS PERFORMANCE CONTRACTS.

    (a) In General.--Section 2925(a) of title 10, United States Code, is 
amended--
            (1) by redesignating paragraph (7) as paragraph (8); and
            (2) by inserting after paragraph (6) the following new 
        paragraph:
            ``(7) A description of the use of energy savings performance 
        contracts (in this paragraph referred to as `ESPCs') by the 
        Department of Defense, including--
                    ``(A) the total investment value of the total number 
                of ESPCs per service for the previous five fiscal years;
                    ``(B) the location of facilities with ESPCs for the 
                previous five fiscal years;
                    ``(C) any limitations on expanding ESPCs throughout 
                the Department of Defense;
                    ``(D) the effect ESPCs have on military readiness; 
                and
                    ``(E) any additional information the Secretary 
                determines relevant.''.

    (b) <<NOTE: 10 USC 2925 note.>>  Applicability.--The reporting 
requirement under paragraph (7) of section 2925(a) of title 10, United 
States Code, as added by subsection (a) of this section, applies to 
reports submitted under such section 2925 for fiscal year 2021 and 
thereafter.
SEC. 337. INCREASE IN FUNDING FOR CENTERS FOR DISEASE CONTROL 
                        STUDY ON HEALTH IMPLICATIONS OF PER- AND 
                        POLYFLUOROALKYL SUBSTANCES CONTAMINATION 
                        IN DRINKING WATER.

    Section 316(a)(2)(B)(ii) of the National Defense Authorization Act 
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1350) is amended by 
striking ``$10,000,000'' and inserting ``$15,000,000''.
SEC. 338. <<NOTE: Guaranteeing Equipment Safety for 
                        Firefighters Act of 2020. 15 USC 8963 
                        note.>>  GUARANTEEING EQUIPMENT SAFETY FOR 
                        FIREFIGHTERS ACT OF 2020.

    (a) Short Title.--This section may be cited as the ``Guaranteeing 
Equipment Safety for Firefighters Act of 2020''.
    (b) National Institute of Standards and Technology Study on Per- and 
Polyfluoroalkyl Substances in Personal Protective Equipment Worn by 
Firefighters.--
            (1) <<NOTE: Deadline. Consultation.>>  In general.--Not 
        later than 3 years after the date of the enactment of this Act, 
        the Director of the National Institute of Standards and 
        Technology shall, subject to availability of appropriations, in 
        consultation with the Director of the National Institute for 
        Occupational Safety and Health, complete a study of the contents 
        and composition of new and unused personal protective equipment 
        worn by firefighters.
            (2) <<NOTE: Examination.>>  Contents of study.--In carrying 
        out the study required by paragraph (1), the Director of the 
        National Institute of Standards and Technology shall examine--
                    (A) the identity, prevalence, and concentration of 
                per- and polyfluoroalkyl substances (commonly known as

[[Page 134 STAT. 3534]]

                ``PFAS'') in the personal protective equipment worn by 
                firefighters;
                    (B) the conditions and extent to which per- and 
                polyfluoroalkyl substances are released into the 
                environment over time from the degradation of personal 
                protective equipment from normal use by firefighters; 
                and
                    (C) the relative risk of exposure to per- and 
                polyfluoroalkyl substances faced by firefighters from--
                          (i) their use of personal protective 
                      equipment; and
                          (ii) degradation of personal protective 
                      equipment from normal use by firefighters.
            (3) Reports.--
                    (A) <<NOTE: Time period.>>  Progress reports.--Not 
                less frequently than once each year for the duration of 
                the study conducted under paragraph (1), the Director 
                shall submit to Congress a report on the progress of the 
                Director in conducting such study.
                    (B) Final report.--Not later than 90 days after the 
                date on which the Director completes the study required 
                by paragraph (1), the Director shall submit to Congress 
                a report describing--
                          (i) the findings of the Director with respect 
                      to the study; and
                          (ii) <<NOTE: Recommenda- tions.>>  
                      recommendations on what additional research or 
                      technical improvements to personal protective 
                      equipment materials or components should be 
                      pursued to avoid unnecessary occupational exposure 
                      among firefighters to per- and polyfluoroalkyl 
                      substances through personal protective equipment.
            (4) Authorization of appropriations.--There is authorized to 
        be appropriated $2,500,000 for each of fiscal years 2021 and 
        2022.

    (c) Research on Per- and Polyfluoroalkyl Substances in Personal 
Protective Equipment Worn by Firefighters.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of the submittal of the report required by 
        subsection (b)(3)(B), the Director of the National Institute of 
        Standards and Technology shall, subject to the availability of 
        appropriations--
                    (A) issue a solicitation for research proposals to 
                carry out the research recommendations identified in the 
                report submitted under subsection (b)(3)(B); and
                    (B) <<NOTE: Grants.>>  award grants to applicants 
                that submit research proposals to develop safe 
                alternatives to per- and polyfluoroalkyl substances in 
                personal protective equipment.
            (2) Criteria.--The Director shall select research proposals 
        to receive a grant under paragraph (1) on the basis of merit, 
        using criteria identified by the Director, including the 
        likelihood that the research results will address the findings 
        of the Director with respect to the study conducted under 
        subsection (b)(1).
            (3) <<NOTE: Proposal.>>  Eligible entities.--Any entity or 
        group of 2 or more entities may submit to the Director a 
        research proposal in response to the solicitation for research 
        proposals under paragraph (1), including--
                    (A) State and local agencies;

[[Page 134 STAT. 3535]]

                    (B) public institutions, including public 
                institutions of higher education;
                    (C) private corporations; and
                    (D) nonprofit organizations.
            (4) Authorization of appropriations.--There are authorized 
        to be appropriated $5,000,000 for fiscal year 2023, $5,000,000 
        for fiscal year 2024, and $5,000,000 for fiscal year 2025 to 
        carry out this section.

    (d) Authority for Director of the National Institute of Standards 
and Technology to Consult With Experts on Matters Relating to Per- and 
Polyfluoroalkyl Substances.--In carrying out this section, the Director 
of the National Institute of Standards and Technology may consult with 
Federal agencies, nongovernmental organizations, State and local 
governments, and science and research institutions determined by the 
Director to have scientific or material interest in reducing unnecessary 
occupational exposure to per- and polyfluoroalkyl substances by 
firefighters.
SEC. 339. ASSESSMENT OF DEPARTMENT OF DEFENSE EXCESS PROPERTY 
                        PROGRAMS WITH RESPECT TO NEED AND WILDFIRE 
                        RISK.

    (a) Assessment of Programs.--
            (1) In general.--The Secretary of Defense, acting through 
        the Director of the Defense Logistics Agency, jointly with the 
        Secretary of Agriculture, acting through the Chief of the Forest 
        Service, shall assess the Firefighter Property Program (FFP) and 
        the Federal Excess Personal Property Program (FEPP) 
        implementation and best practices, taking into account community 
        need and risk, including whether a community is an at-risk 
        community (as defined in section 101(1) of the Healthy Forests 
        Restoration Act of 2003 (16 U.S.C. 6511(1)).
            (2) <<NOTE: Consultation.>>  Collaboration.--In carrying out 
        the assessment required under paragraph (1), the Secretary of 
        Defense, acting through the Director of the Defense Logistics 
        Agency, and the Secretary of Agriculture, acting through the 
        Chief of the Forest Service, shall consult with State foresters 
        and participants in the programs described in such paragraph.

    (b) <<NOTE: Recommenda- tions.>>  Report.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of Defense, 
acting through the Director of the Defense Logistics Agency, jointly 
with the Secretary of Agriculture, acting through the Chief of the 
Forest Service, shall submit to the Committee on Armed Services and the 
Committee on Agriculture of the House of Representatives and the 
Committee on Armed Services and the Committee on Agriculture, Forestry, 
and Nutrition of the Senate a report on the assessment required under 
paragraph (1) of subsection (a) and any findings and recommendations 
with respect to the programs described in such paragraph.

                  Subtitle C--Logistics and Sustainment

SEC. 341. NATIONAL DEFENSE SUSTAINMENT AND LOGISTICS REVIEW.

    (a) In General.--Chapter 2 of title 10, United States Code, is 
amended by inserting after section 118 the following new section:

[[Page 134 STAT. 3536]]

``Sec. 118a. <<NOTE: 10 USC 118a.>>  National Defense Sustainment 
                  and Logistics Review

    ``(a) <<NOTE: Time periods.>>  Review Required.--Upon submission of 
each national defense strategy under section 113(g) of this title, the 
Secretary of Defense shall conduct a comprehensive review of the 
sustainment and logistics requirements necessary to support the force 
structure, force modernization, infrastructure, force deployment 
capabilities, and other elements of the defense program and policies of 
the United States during the subsequent 5-, 10-, and 25-year periods. 
Each such review shall be known as the `National Defense Sustainment and 
Logistics Review'. <<NOTE: Consultation.>>  Each such review shall be 
conducted in consultation with the Secretaries of the military 
departments, the Chiefs of Staff of the Armed Forces, all functional and 
geographic combatant commanders, and the Director of the Defense 
Logistics Agency.

    ``(b) Report to Congress.--(1) Not later than the first Monday in 
February of the year following the fiscal year during which the National 
Defense Strategy was submitted under section 113(g) of this title, the 
Secretary shall submit to the congressional defense committees a report 
on the review required by subsection (a). <<NOTE: Assessments.>>  Each 
such report shall include each of the following:
            ``(A) An assessment of the strategic, operational, and 
        tactical maritime logistics force (including non-military assets 
        provided by Military Sealift Command, the Maritime 
        Administration, and through the Voluntary Intermodal Sealift 
        Agreement and Voluntary Tanker Agreement) required to support 
        sealift, at sea logistics, and over-the-shore logistics of 
        forces to meet steady state and contingency requirements and the 
        strategic and intra-theater movement of supplies, personnel, and 
        equipment.
            ``(B) An assessment of the strategic, operational, and 
        tactical airlift and tankers (including non-military assets 
        provided by the Civil Reserve Air Fleet) required to meet steady 
        state and contingency requirements.
            ``(C) An assessment of the location, configuration, material 
        condition, and inventory of prepositioned materiel, equipment, 
        and war reserves programs, as well as the ability to store and 
        distribute these items to deployed military forces, required to 
        meet steady state and contingency requirements.
            ``(D) An assessment of the location, infrastructure, and 
        storage capacity for petroleum, oil, and lubricant products, as 
        well as the ability to store, transport, and distribute such 
        products from storage supply points to deployed military forces, 
        required to meet steady state and contingency requirements.
            ``(E) An assessment of the capabilities, capacity, and 
        infrastructure of the Department of Defense organic industrial 
        base and private sector industrial base required to meet steady-
        state and surge software and depot maintenance requirements.
            ``(F) An assessment of the production capability, capacity, 
        and infrastructure, of the Department of Defense organic 
        industrial base and private sector industrial base required to 
        meet steady-state and surge production requirements for 
        ammunition and other military munitions.
            ``(G) An assessment of the condition, capacity, location, 
        and survivability under likely threats of military 
        infrastructure located both inside the continental United States 
        and outside the continental United States, including agreements 
        with and infrastructure provided by international partners, 
        required to

[[Page 134 STAT. 3537]]

        generate, project, and sustain military forces to meet steady-
        state and contingency requirements.
            ``(H) An assessment of the cybersecurity risks to military 
        and commercial logistics networks and information technology 
        systems.
            ``(I) An assessment of the gaps between the requirements 
        identified under subparagraphs (A) through (H) compared to the 
        actual force structure and infrastructure capabilities, 
        capacity, and posture and the risks associated with each gap as 
        it relates to the ability to meet the national defense strategy.
            ``(J) A discussion of the identified mitigations being 
        pursued to address each gap and risk identified under 
        subparagraph (I) as well as the initiatives and resources 
        planned to address such gaps, as included in the Department of 
        Defense budget request submitted during the same year as the 
        report and the applicable future-years defense program.
            ``(K) An assessment of the extent to which wargames 
        incorporate logistics capabilities and threats and a description 
        of the logistics constraints and restraints to operations 
        identified through such wargames.
            ``(L) An assessment of the ability of the Department of 
        Defense, the Armed Forces, and the combatant commands to 
        leverage and integrate emergent logistics related technologies 
        and advanced computing systems.
            ``(M) Such other matters the Secretary of Defense considers 
        appropriate.

    ``(2) <<NOTE: Consultation. Recommenda- tions.>>  In preparing the 
report under paragraph (1), the Secretary of Defense shall consult with, 
and consider the recommendations of, the Chairman of the Joint Chiefs of 
Staff.

    ``(3) <<NOTE: Classified information.>>  The report required under 
this subsection shall be submitted in classified form and shall include 
an unclassified summary.

    ``(c) <<NOTE: Reports. Assessments.>>  Comptroller General Review.--
Not later than 180 days after the date on which Secretary submits each 
report required under subsection (b), the Comptroller General shall 
submit to the congressional defense committees a report that includes an 
assessment of each of the following:
            ``(1) Whether the report includes each of the elements 
        referred to in subsection (b).
            ``(2) The strengths and weaknesses of the approach and 
        methodology used in conducting the review required under 
        subsection (a) that is covered by the report.
            ``(3) Any other matters relating to sustainment that may 
        arise from the report, as the Comptroller General considers 
        appropriate.

    ``(d) Relationship to Budget.--Nothing in this section shall be 
construed to affect section 1105(a) of title 31.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter <<NOTE: 10 USC 111 prec.>>  is amended by inserting after 
the item relating to section 118 the following new item:

``118a. National Defense Sustainment and Logistics Review.''.

    (c) <<NOTE: 10 USC 118a note.>>  Deadline for Submittal of First 
Report.--Notwithstanding the deadline in subsection (b)(1) of section 
118a of title 10, United States Code, as added by subsection (a), the 
Secretary of Defense shall submit the first report under such section 
not later than the date that is 18 months after the date of the 
enactment of this Act, unless a new National Defense Strategy is 
released prior to such date.

[[Page 134 STAT. 3538]]

SEC. 342. REPEAL OF SUNSET FOR MINIMUM ANNUAL PURCHASE AMOUNT FOR 
                        CARRIERS PARTICIPATING IN THE CIVIL 
                        RESERVE AIR FLEET.

    Section 9515 of title 10, United States Code, is amended by striking 
subsection (k).
SEC. 343. ADDITIONAL ELEMENTS FOR INCLUSION IN NAVY SHIP DEPOT 
                        MAINTENANCE BUDGET REPORT.

    Section 363(b) of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116-92) <<NOTE: 133 Stat. 1327.>>  is amended by 
adding at the end the following new paragraphs:
            ``(6) The execution of the planned schedule, categorized by 
        class of ship, for each of the three preceding fiscal years, 
        including--
                    ``(A) the actual contract award compared to the 
                milestone;
                    ``(B) the planned completion date compared to the 
                actual completion date; and
                    ``(C) each regional maintenance center's 
                availability schedule performance for on-time 
                availability completion.
            ``(7) In accordance with the findings of the Government 
        Accountability Office (GAO 20-370)--
                    ``(A) in 2021, an analysis plan for the evaluation 
                of pilot program availabilities funded by the Other 
                Procurement, Navy account; and
                    ``(B) in 2022, a report on the Navy's progress 
                implementing such analysis plan.''.
SEC. 344. CLARIFICATION OF LIMITATION ON LENGTH OF OVERSEAS 
                        FORWARD DEPLOYMENT OF CURRENTLY DEPLOYED 
                        NAVAL VESSELS.

    Section 323(b) of the John S. McCain National Defense Authorization 
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1720; 10 U.S.C. 
8690 note) is amended by striking ``In the case of any naval vessel'' 
and inserting ``In the case of any aircraft carrier, amphibious ship, 
cruiser, destroyer, frigate, or littoral combat ship''.
SEC. 345. INDEPENDENT ADVISORY PANEL ON WEAPON SYSTEM SUSTAINMENT.

    (a) Establishment.--The Secretary of Defense shall establish an 
independent advisory panel (in this section referred to as the 
``panel'') on the weapon system sustainment ecosystem. The National 
Defense University and the Defense Acquisition University shall sponsor 
the panel, including by providing administrative support.
    (b) Membership.--
            (1) <<NOTE: Appointments.>>  Composition.--The panel shall 
        be comprised of nine members, of whom--
                    (A) five shall be appointed by the Secretary of 
                Defense;
                    (B) one shall be appointed by the Chairman of the 
                Committee on Armed Services of the Senate;
                    (C) one shall be appointed by the Ranking Member of 
                the Committee on Armed Services of the Senate;
                    (D) one shall be appointed by the Chairman of the 
                Committee on Armed Services of the House of 
                Representatives; and

[[Page 134 STAT. 3539]]

                    (E) one shall be appointed by the Ranking Member of 
                the Committee on Armed Services of the House of 
                Representatives.
            (2) Expertise.--In making appointments under this 
        subsection, consideration should be given to individuals with 
        expertise in public and private-sector acquisition, sustainment, 
        and logistics policy in aviation, ground, maritime systems, and 
        space systems and their related components.
            (3) Appointment date.--The appointment of the members of the 
        panel shall be made not later than 120 days after the date of 
        the enactment of this Act.

    (c) Duties.--The panel shall--
            (1) review the weapon system sustainment ecosystem from 
        development, production, and sustainment of the weapon system 
        through use in the field, depot and field-level maintenance, 
        modification, and disposal with a goal of--
                    (A) maximizing the availability and mission 
                capabilities of weapon systems;
                    (B) reducing overall life-cycle costs of weapon 
                systems during fielding, operation and sustainment; and
                    (C) aligning weapon system sustainment functions to 
                the most recent national defense strategy submitted 
                pursuant to section 113 of title 10, United States Code; 
                and
            (2) using information from the review of the weapon system 
        sustainment ecosystem, make recommendations related to 
        statutory, regulatory, policy, or operational best practices the 
        panel considers necessary.

    (d) <<NOTE: Recommenda- tions.>>  Report.--
            (1) <<NOTE: Deadline. Briefing.>>  Interim report.--Not 
        later than 1 year after the date on which all members of the 
        panel have been appointed, the panel shall provide to the 
        Secretary of Defense and the Committees on Armed Services of the 
        Senate and House of Representatives a briefing on the interim 
        findings and recommendations of the panel.
            (2) Final report.--Not later than 2 years after the date on 
        which all members of the panel have been appointed, the panel 
        shall submit to the Secretary of Defense and the Committees on 
        Armed Services of the Senate and House of Representatives a 
        report setting forth a detailed statement of the findings and 
        conclusions of the panel as a result of the review described in 
        subsection (c), together with such recommendations related to 
        statutory, regulatory, policy, or operational practices as the 
        panel considers appropriate in light of the results of the 
        review.

    (e) Administrative Matters.--
            (1) In general.--The Secretary of Defense shall provide the 
        panel with timely access to appropriate information, data, 
        resources, analysis, and logistics support so that the panel may 
        conduct a thorough and independent assessment as required under 
        this section.
            (2) <<NOTE: Expiration date.>>  Effect of lack of 
        appointment by appointment date.--If any member has not been 
        appointed by the date specified in subsection (b)(3), the 
        authority to appoint such member under subsection (b)(1) shall 
        expire, and the number of members of the panel shall be reduced 
        by the number equal to the number of appointments so not made.
            (3) Period of appointment; vacancies.--Members of the panel 
        shall be appointed for the duration of the panel. Any

[[Page 134 STAT. 3540]]

        vacancy in the panel shall not affect its powers, but shall be 
        filled in the same manner as the original appointment.
            (4) Chair.--The panel shall select a Chair from among its 
        members. The Chair may not be a Federal officer or employee.

    (f) Termination.--The panel shall terminate 90 days after the date 
on which the panel submits the report required under subsection (d)(2).
SEC. 346. BIANNUAL BRIEFINGS ON STATUS OF SHIPYARD INFRASTRUCTURE 
                        OPTIMIZATION PLAN.

    (a) <<NOTE: Time period.>>  Briefings Required.--During the period 
beginning on July 1, 2020, and ending on July 1, 2025, the Secretary of 
the Navy shall provide to the congressional defense committees biannual 
briefings on the status of the Shipyard Infrastructure Optimization 
Plan.

    (b) Elements of Briefings.--Each briefing under subsection (a) shall 
include a discussion of the status of each of the following elements:
            (1) A master plan for infrastructure development, including 
        projected military construction and capital equipment projects.
            (2) A planning and design update for military construction, 
        minor military construction, and facility sustainment projects 
        over the subsequent five-year period.
            (3) A human capital management and development plan.
            (4) A workload management plan that includes synchronization 
        requirements for each shipyard and ship class.
            (5) Performance metrics and an assessment plan.
            (6) A funding and authority plan that includes funding lines 
        across the future years defense program.
            (7) <<NOTE: List. Time period.>>  A listing of equipment 
        from Federal Supply Classes 3411 (Boring Machines), 3416 
        (Lathes) and 3441 (Bending and Forming Machines) that has been 
        unserviceable for over 30 consecutive days, including, for each 
        such piece of equipment--
                    (A) the reason for the delayed repair;
                    (B) the availability of technical representatives 
                from the manufacturer to provide assistance in 
                diagnosing and repairing the discrepancy; and
                    (C) <<NOTE: Estimate.>>  the estimated time to 
                repair.
SEC. 347. MATERIEL READINESS METRICS AND OBJECTIVES FOR MAJOR 
                        WEAPON SYSTEMS.

    (a) In General.--Section 118 of title 10, United States Code, is 
amended--
            (1) by amending the section heading to read as follows: 
        ``Materiel readiness metrics and objectives for major weapon 
        systems'';
            (2) by striking ``Not later than five days'' and inserting 
        the following:

    ``(d) Budget Justification.--Not later than five days'';
            (3) by inserting before subsection (d) (as designated by 
        paragraph (2)) the following new subsections:

    ``(a) Materiel Readiness Metrics.--Each head of an element of the 
Department specified in paragraphs (1) through (10) of section 111(b) of 
this title shall establish and maintain materiel readiness metrics to 
enable assessment of the readiness of members of the armed forces to 
carry out--

[[Page 134 STAT. 3541]]

            ``(1) the strategic framework required by section 
        113(g)(1)(B)(vii) of this title; and
            ``(2) guidance issued by the Secretary of Defense pursuant 
        to section 113(g)(1)(B) of this title.

    ``(b) Required Metrics.--At a minimum, the materiel readiness 
metrics required by subsection (a) shall address the materiel 
availability, operational availability, operational capability, and 
materiel reliability of each major weapon system by designated mission, 
design series, variant, or class.
    ``(c) <<NOTE: Deadline.>>  Materiel Readiness Objectives.--(1) Not 
later than one year after the date of the enactment of this subsection, 
each head of an element described in subsection (a) shall establish the 
metrics required by subsection (b) necessary to support the strategic 
framework and guidance referred to in paragraph (1) and (2) of 
subsection (a).

    ``(2) <<NOTE: Time period. Review.>>  Annually, each head of an 
element described in subsection (a) shall review and revise the metrics 
required by subsection (b) and include any such revisions in the 
materials submitted to Congress in support of the budget of the 
President under section 1105 of title 31.'';
            (4) in subsection (d) (as designated by paragraph (2))--
                    (A) in paragraph (1)--
                          (i) by striking ``materiel reliability, and 
                      mean down time metrics for each major weapons 
                      system'' and inserting ``operational availability, 
                      and materiel reliability for each major weapon 
                      system''; and
                          (ii) by inserting ``and'' at the end;
                    (B) in paragraph (2), by striking ``; and'' and 
                inserting a period at the end; and
                    (C) by striking paragraph (3); and
            (5) by adding at the end the following new subsection:

    ``(e) Definitions.--In this section:
            ``(1) The term `major weapon system' has the meaning given 
        in section 2379(f) of this title.
            ``(2) The term `materiel availability' means a measure of 
        the percentage of the total inventory of a major weapon system 
        that is operationally capable of performing an assigned mission.
            ``(3) The term `materiel reliability' means the probability 
        that a major weapon system will perform without failure over a 
        specified interval.
            ``(4) The term `operational availability' means a measure of 
        the percentage of time a major weapon system is operationally 
        capable.
            ``(5) The term `operationally capable' means a materiel 
        condition indicating that a major weapon system is capable of 
        performing its assigned mission and has no discrepancies with a 
        subsystem of a major weapon system.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 2 of title 10, United States Code, <<NOTE: 10 USC 111 prec.>>  
is amended

[[Page 134 STAT. 3542]]

by striking the item relating to section 118 and inserting the following 
new item:

``118. Materiel readiness metrics and objectives for major defense 
           acquisition programs.''.

SEC. 348. REPEAL OF STATUTORY REQUIREMENT FOR NOTIFICATION TO 
                        DIRECTOR OF DEFENSE LOGISTICS AGENCY THREE 
                        YEARS PRIOR TO IMPLEMENTING CHANGES TO ANY 
                        UNIFORM OR UNIFORM COMPONENT.

    Section 356 of the John S. McCain National Defense Authorization Act 
for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 771 note prec.) is 
amended--
            (1) by striking subsection (a);
            (2) by redesignating subsections (b) and (c) as subsections 
        (a) and (b), respectively; and
            (3) in subsections (a) and (b), as so redesignated, by 
        striking ``Commander'' each place it appears and inserting 
        ``Director''.

               Subtitle D--Munitions Safety and Oversight

SEC. 351. CHAIR OF DEPARTMENT OF DEFENSE EXPLOSIVE SAFETY BOARD.

    (a) Responsibilities.--Section 172 of title 10, United States Code, 
is amended by adding at the end the following new subsections:
    ``(c) Responsibilities of Chair.--The chair of the explosive safety 
board shall carry out the following responsibilities:
            ``(1) To act as the principal executive representative and 
        advisor of the Secretary on explosive and chemical agent safety 
        matters related to Department of Defense military munitions.
            ``(2) To perform the hazard classification approval duties 
        assigned to the chair.
            ``(3) To preside over meetings of the explosive safety 
        board.
            ``(4) To direct the staff of the explosive safety board.
            ``(5) To performs other functions relating to explosives 
        safety management, as directed by the Assistant Secretary of 
        Defense for Sustainment.
            ``(6) To provide impartial and objective advice related to 
        explosives safety management to the Secretary of Defense and the 
        heads of the military departments.
            ``(7) To serve as the principal representative and advisor 
        of the Department of Defense on matters relating to explosives 
        safety management.
            ``(8) To provide assistance and advice to the Under 
        Secretary of Defense for Acquisition and Sustainment and the 
        Deputy Director of Land Warfare and Munitions in munitions 
        acquisition oversight and technology advancement for Department 
        of Defense military munitions, especially in the areas of 
        explosives and chemical agent safety and demilitarization.
            ``(9) To provide assistance and advice to the Assistant 
        Secretary of Defense for Logistics and Material Readiness in 
        sustainment oversight of Department of Defense military 
        munitions, especially in the areas of explosives and chemical 
        agent safety, storage, transportation, and demilitarization.

[[Page 134 STAT. 3543]]

            ``(10) To develop and recommend issuances to define the 
        functions of the explosive safety board.
            ``(11) To establishes joint hazard classification procedures 
        with covered components of the Department.
            ``(12) To make recommendations to the Under Secretary of 
        Defense for Acquisition and Sustainment with respect to 
        explosives and chemical agent safety tenets and requirements.
            ``(13) To conducts oversight of Department of Defense 
        explosive safety management programs.
            ``(14) To carry out such other responsibilities as the 
        Secretary of Defense determines appropriate.

    ``(d) Responsibilities of Executive Director and Civilian Members.--
The executive director and civilian members of the explosive safety 
board shall--
            ``(1) provide assistance to the chair in carrying out the 
        responsibilities specified in subsection (c); and
            ``(2) carry out such other responsibilities as the chair 
        determines appropriate.

    ``(e) <<NOTE: Time period.>>  Meetings.--(1) The explosive safety 
board shall meet not less frequently than quarterly.

    ``(2) <<NOTE: Reports.>>  The chair shall submit to the 
congressional defense committees an annual report describing the 
activities conducted at the meetings of the board.

    ``(f) Exclusive Responsibilities.--The explosive safety board shall 
have exclusive responsibility within the Department of Defense for--
            ``(1) recommending new and updated explosive and chemical 
        agent safety regulations and standards to the Assistant 
        Secretary of Defense for Energy Installations and Environment 
        for submittal to the Under Secretary of Defense for Acquisition 
        and Sustainment; and
            ``(2) acting as the primary forum for coordination among 
        covered components of the Department on all matters related to 
        explosive safety management.

    ``(g) Covered Components.--In this section, the covered components 
of the Department are each of the following:
            ``(1) The Office of the Secretary of Defense.
            ``(2) The military departments.
            ``(3) The Office of the Chairman of the Joint Chiefs of 
        Staff and the Joint Staff, the Combatant Commands.
            ``(4) The Office of the Inspector General of the Department.
            ``(5) The Defense Agencies.
            ``(6) The Department of Defense field activities.
            ``(7) All other organizational entities within the 
        Department.''.

    (b) <<NOTE: 10 USC 172 note.>>  Deadline for Appointment.--By not 
later than 90 days after the date of the enactment of this Act, the 
Secretary of Defense shall take such steps as may be necessary to ensure 
that the explosive safety board of the Department of Defense, as 
authorized under section 172 of title 10, United States Code, has a 
chair who is a military officer and whose responsibilities include the 
day-to-day management of the explosive safety board and the 
responsibilities provided in subsection (c) of such section.

    (c) <<NOTE: Certification.>>  Limitation on Use of Funds.--Of the 
amounts authorized to be appropriated or otherwise made available in 
this Act for the Office of the Under Secretary of Defense for 
Acquisition and Sustainment for fiscal year 2021, not more than 75 
percent may

[[Page 134 STAT. 3544]]

be obligated or expended until the date on which the Under Secretary of 
Defense certifies to the congressional defense committees that all board 
member positions, including the chair, of the Department of Defense 
explosive safety board, as authorized under section 172 of title 10, 
United States Code, as amended by this section, have been filled by 
military officers as required by such section.
SEC. 352. EXPLOSIVE ORDNANCE DISPOSAL DEFENSE PROGRAM.

    (a) Roles, Responsibilities, and Authorities.--Section 2284(b) of 
title 10, United States Code, as amended by section 1052 of the National 
Defense Authorization Act for Fiscal Year 2020 (Public Law 116-92), is 
further amended--
            (1) in paragraph (1)(A)--
                    (A) by inserting ``and'' before ``integration''; and
                    (B) by striking ``an Assistant Secretary of 
                Defense'' and inserting ``the Assistant Secretary of 
                Defense for Special Operations and Low Intensity 
                Conflict'';
            (2) in paragraph (2), by striking ``to whom responsibility 
        is assigned under paragraph (1)(A)'' and inserting ``for Special 
        Operations and Low Intensity Conflict'';
            (3) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (4) by inserting after paragraph (2) the following new 
        paragraph (3):
            ``(3) the Assistant Secretary of Defense for Special 
        Operations and Low Intensity Conflict shall coordinate with--
                    ``(A) the Under Secretary of Defense for 
                Intelligence on explosive ordnance technical 
                intelligence;
                    ``(B) the Under Secretary of Defense for Acquisition 
                and Sustainment on explosive ordnance disposal research, 
                development, acquisition, and sustainment;
                    ``(C) the Under Secretary of Defense for Research 
                and Engineering on explosive ordnance disposal research, 
                development, test, and evaluation;
                    ``(D) the Assistant Secretary of Defense for 
                Homeland Security and Global Security on explosive 
                ordnance disposal on defense support of civil 
                authorities; and
                    ``(E) the Assistant Secretary of Defense for 
                Nuclear, Chemical, and Biological Defense programs on 
                explosive ordnance disposal for combating weapons of 
                mass destruction;''.

    (b) <<NOTE: Coordination.>>  Report.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary of Defense, in 
coordination with the Secretaries of the military departments, shall 
submit to the Committees on Armed Services of the Senate and House of 
Representatives a report of the Explosive Ordnance Disposal Defense 
Program under section 2284 of title 10, United States 
Code. <<NOTE: Assessments.>>  Such report shall include each of the 
following:
            (1) The status of the establishment and organization of the 
        Program and the compliance with the requirements of such 
        section, as amended by section 1052 of the National Defense 
        Authorization Act for Fiscal Year 2020.
            (2) An assessment of the feasibility and advisability of 
        designating the Joint Program Executive Officer for Armaments 
        and Ammunition as the joint program executive officer for the 
        explosive ordnance disposal program, establishing a rotation

[[Page 134 STAT. 3545]]

        of the role between an Army, Navy, and Air Force entity on a 
        periodic basis, or other options determined appropriate.
            (3) An assessment of the feasibility and advisability of 
        designating the Director of the Defense Threat Reduction Agency 
        with management responsibility for a Defense-wide program 
        element for explosive ordnance disposal research, development, 
        test, and evaluation transactions other than contracts, 
        cooperative agreements, and grants related to section 2371 of 
        title 10, United States Code, during research projects including 
        rapid prototyping and limited procurement urgent activities and 
        acquisition.
SEC. 353. ASSESSMENT OF RESILIENCE OF DEPARTMENT OF DEFENSE 
                        MUNITIONS ENTERPRISE.

    (a) <<NOTE: Deadline. Contracts.>>  Assessment.--Not later than 60 
days after the date of the enactment of this Act, the Secretary of 
Defense shall enter into an agreement with a federally-funded research 
and development center with relevant expertise under which such center 
shall conduct an assessment of the resilience of the Department of 
Defense munitions enterprise.

    (b) <<NOTE: Evaluations.>>  Elements.--The assessment required under 
subsection (a) shall include the following elements:
            (1) An identification of the points of failure with respect 
        to the munitions enterprise, including physical locations, 
        materials, suppliers, contractors, and other relevant elements, 
        that, if failure occurs, would have the largest negative impact 
        on the capacity, resiliency, and safety of the enterprise.
            (2) An evaluation of the efforts of the Department of 
        Defense to address the points of failure identified under 
        paragraph (1).
            (3) <<NOTE: Recommenda- tions.>>  Recommendation with 
        respect to any additional efforts or actions that could be taken 
        to provide for mitigation or solutions with respect to such 
        points of failure.
            (4) An evaluation of the capacity of the munitions 
        enterprise to support a sudden surge in demand to support a 
        contingency.
            (5) An evaluation of the capacity of the munitions 
        enterprise to withstand intentional disruption during a 
        conflict.

    (c) Report and Briefings.--The Secretary shall--
            (1) submit to the congressional defense committees a report 
        on the results of assessment conducted under this section by not 
        later than December 31, 2021; and
            (2) provide for such committees interim briefings on such 
        assessment upon request.

    (d) <<NOTE: Definition.>>  Point of Failure.--In this section, the 
term ``point of failure'' means, with respect to the munitions 
enterprise, an aspect of the enterprise, that, if it were to fail or be 
significantly negatively impacted would cause the portion of the 
enterprise it supports to either fail or be significantly negatively 
impacted.
SEC. 354. REPORT ON SAFETY WAIVERS AND MISHAPS IN DEPARTMENT OF 
                        DEFENSE MUNITIONS ENTERPRISE.

    (a) Report Required.--The Secretary shall include with the 
Department of Defense materials submitted to Congress with the budget of 
the President for each of fiscal years 2022 through 2025 (as submitted 
to Congress pursuant to section 1105 of title 31, United States Code), a 
report on safety waivers provided in the Department of Defense munitions 
enterprise. <<NOTE: Time period.>>  Each such report shall

[[Page 134 STAT. 3546]]

include each of the following for the year covered by the report and 
each of the preceding 3 years:
            (1) <<NOTE: List. Exemptions. Certifications.>>  A list of 
        each waiver, exemption, and secretarial exemption or 
        certification provided with respect to any Department of Defense 
        munitions safety standard.
            (2) For each such waiver, exemption, or certification 
        provided--
                    (A) the location where the waiver, exemption, or 
                certification was provided;
                    (B) <<NOTE: Summary.>>  a summary of the 
                justification used for providing the waiver, exemption, 
                or certification;
                    (C) <<NOTE: Time period.>>  the time period during 
                which the waiver, exemption, or certification applies 
                and the number of times such a waiver, exemption, or 
                certification has been provided at that location; and
                    (D) <<NOTE: List.>>  a list of all safety-related 
                mishaps that occurred at locations where waivers, 
                exemptions, or certifications were in place, and for 
                each such mishap, whether or not a subsequent 
                investigation determined the waiver, exemption, or 
                certification was related or may have been related to 
                the mishap.
            (3) <<NOTE: List. Summary.>>  A list and summary of all 
        class A through class E mishaps related to the construction, 
        storage, transportation, usage, and demilitarization of 
        munitions.
            (4) Any mitigation efforts in place at any location where a 
        waiver, exemption, or certification has been provided or where a 
        safety-related mishap has occurred.
            (5) Such other matters as the Secretary determines 
        appropriate.

    (b) Munitions Defined.--In this section, the term ``munitions'' 
includes ammunition, explosives, and chemical agents.

                        Subtitle E--Other Matters

SEC. 361. <<NOTE: 10 USC 771 note prec.>>  PILOT PROGRAM FOR 
                        TEMPORARY ISSUANCE OF MATERNITY-RELATED 
                        UNIFORM ITEMS.

    (a) <<NOTE: Coordination.>>  Pilot Program.--The Director of the 
Defense Logistics Agency, in coordination with the Secretaries 
concerned, shall carry out a pilot program for issuing maternity-related 
uniform items to pregnant members of the Armed Forces, on a temporary 
basis and at no cost to such member. In carrying out the pilot program, 
the Director shall take the following actions:
            (1) The Director shall maintain a stock of each type of 
        maternity-related uniform item determined necessary by the 
        Secretary concerned, including service uniforms items, utility 
        uniform items, and other items relating to the command and duty 
        assignment of the member requiring issuance.
            (2) The Director shall ensure that such items have not been 
        treated with the chemical permethrin.
            (3) <<NOTE: Coordination. Determination.>>  The Director, in 
        coordination with the Secretary concerned, shall determine a 
        standard number of maternity-related uniform items that may be 
        issued per member.
            (4) The Secretary concerned shall ensure that any member 
        receiving a maternity-related uniform item returns such item to 
        the relevant office established under paragraph (1) on the

[[Page 134 STAT. 3547]]

        date on which the Secretary concerned determines the member no 
        longer requires such item.
            (5) The Secretary concerned shall inspect, process, repair, 
        clean, and re-stock items returned by a member pursuant to 
        paragraph (4) for re-issuance from such relevant office.
            (6) <<NOTE: Coordination. Regulations.>>  The Director, in 
        coordination with the Secretaries concerned, may issue such 
        guidance and regulations as necessary to carry out the pilot 
        program.

    (b) Termination.--No maternity-related uniform items may be issued 
to a member of the Armed Forces under the pilot program after September 
30, 2026.
    (c) <<NOTE: Coordination.>>  Report.--Not later than September 30, 
2025, the Director of the Defense Logistics Agency, in coordination with 
the Secretaries concerned, shall submit to the congressional defense 
committees a report on the pilot program. Such report shall include each 
of the following:
            (1) For each year during which the pilot program was carried 
        out, the number of members of the Armed Forces who received a 
        maternity-related uniform item under the pilot program.
            (2) <<NOTE: Cost overview.>>  An overview of the costs 
        associated with, and any savings realized by, the pilot program, 
        including a comparison of the cost of maintaining a stock of 
        maternity-related uniform items for issuance under the pilot 
        program versus the cost of providing allowances to members for 
        purchasing such items.
            (3) <<NOTE: Recommenda- tions.>>  A recommendation on 
        whether the pilot program should be extended after the date of 
        termination under subsection (b) and whether legislation is 
        necessary for such extension.
            (4) Any other matters that the Secretary of Defense 
        determines appropriate.
SEC. 362. <<NOTE: 10 USC 7771 note prec.>>  SERVICEWOMEN'S 
                        COMMEMORATIVE PARTNERSHIPS.

    (a) <<NOTE: Contracts. Grants.>>  In General.--The Secretary of the 
Army may enter into a contract, partnership, or grant with a non-profit 
organization for the purpose of providing financial support for the 
maintenance and sustainment of infrastructure and facilities at military 
service memorials and museums that highlight the role of women in the 
military. Such a contract, partnership, or grant shall be referred to as 
a ``Servicewomen's Commemorative Partnership''.

    (b) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated for fiscal year 2021, as identified in division D of 
this Act, $3,000,000 shall be available for Servicewomen's Commemorative 
Partnerships under subsection (a).
SEC. 363. <<NOTE: 6 USC 105.>>  BIODEFENSE ANALYSIS AND BUDGET 
                        SUBMISSION.

    (a) Annual Analysis.--For each fiscal year, beginning in fiscal year 
2023, the Director of the Office of Management and Budget, in 
consultation with the Secretary of Health and Human Services shall--
            (1) conduct a detailed and comprehensive analysis of Federal 
        biodefense programs; and
            (2) develop an integrated biodefense budget submission.

    (b) Definition of Biodefense.--In accordance with the National 
Biodefense Strategy, the Director shall develop and disseminate to all 
Federal departments and agencies a unified definition of the term 
``biodefense'' to identify which programs and activities are included in 
the annual budget submission required under subsection (a).

[[Page 134 STAT. 3548]]

    (c) Requirements for Analysis.--The analysis required under 
subsection (a) shall include--
            (1) the display of all funds requested for biodefense 
        activities, both mandatory and discretionary, by agency and 
        categorized by biodefense enterprise element, such as threat 
        awareness, prevention, deterrence, preparedness, surveillance 
        and detection, response, attribution (including bioforensic 
        capabilities), recovery, and mitigation; and
            (2) detailed explanations of how each program and activity 
        included aligns with biodefense goals and objectives as part of 
        the National Biodefense Strategy required under section 1086 of 
        the National Defense Authorization Act for Fiscal Year 2017 (6 
        U.S.C. 104).

    (d) <<NOTE: Consultation.>>  Submittal to Congress.--The Director, 
in consultation with the Secretary of Health and Human Services, shall 
submit to Congress the analysis required under subsection (a) for a 
fiscal year concurrently with the President's annual budget request for 
that fiscal year.
SEC. 364. <<NOTE: 6 USC 106.>>  UPDATE OF NATIONAL BIODEFENSE 
                        IMPLEMENTATION PLAN.

    (a) <<NOTE: Consultation.>>  In General.--The Secretaries of Health 
and Human Services, Defense, Agriculture, Homeland Security, and all 
other Departments and agencies with responsibilities for biodefense, 
such as the Department of State, in consultation with the Assistant to 
the President for National Security Affairs and the Director of the 
Office of Management and Budget, as appropriate, shall jointly, after 
reviewing the biodefense threat assessment described in subsection (d) 
and any relevant input from external stakeholders, as appropriate, 
update the National Biodefense Implementation Plan developed under 
section 1086 of the National Defense Authorization Act for Fiscal Year 
2017 (6 U.S.C. 104) to clearly document established processes, roles, 
and responsibilities related to the National Biodefense Strategy.

    (b) Specific Updates.--The updated National Biodefense 
Implementation Plan shall--
            (1) <<NOTE: Procedures.>>  describe the roles and 
        responsibilities of the Federal departments and agencies, 
        including internal and external coordination procedures, in 
        identifying and sharing information between and among Federal 
        departments and agencies, as described in section 1086(b)(4) of 
        the National Defense Authorization Act for Fiscal Year 2017 (6 
        U.S.C. 104(b)(4)) and consistent with the statutory roles and 
        authorities of such departments and agencies;
            (2) describe roles, responsibilities, and processes for 
        decisionmaking, including decisions regarding use of resources 
        for effective risk management across the enterprise;
            (3) describe resource plans for each department and agency 
        with responsibility for biodefense to support implementation of 
        the strategy within the jurisdiction of such department or 
        agency, including for the Biodefense Coordination Team, as 
        appropriate;
            (4) describe guidance and methods for analyzing the data 
        collected from agencies to include non-Federal resources and 
        capabilities to the extent practicable; and
            (5) describe and update, as appropriate, 
        short-, medium-, and long-term goals for executing the National

[[Page 134 STAT. 3549]]

        Biodefense Strategy and metrics for meeting each objective of 
        the Strategy.

    (c) <<NOTE: Deadline.>>  Submittal to Congress.--The Secretary of 
Health and Human Services, the Secretary of Defense, the Secretary of 
Agriculture, and the Secretary of Homeland Security shall, not later 
than 6 months after the date of the completion of the assessment in 
subsection (d)(1)(A), submit the updated Implementation Plan to the 
appropriate congressional committees.

    (d) Updated Biodefense Threat Assessment.--
            (1) <<NOTE: Consultation.>>  In general.--The Secretaries of 
        Health and Human Services, Defense, Agriculture, and Homeland 
        Security, shall jointly, and in consultation with the Director 
        of National Intelligence, and other agency heads as 
        appropriate--
                    (A) conduct an assessment of current and potential 
                biological threats against the United States, both 
                naturally occurring and man-made, either accidental or 
                deliberate, including the potential for catastrophic 
                biological threats, such as a pandemic;
                    (B) <<NOTE: Deadline.>>  not later than 1 year after 
                the date of enactment of this section, submit the 
                findings of the assessment conducted under subparagraph 
                (A) to the Federal officials described in subsection 
                (d)(1)and the appropriate congressional committees 
                described in subsection (e);
                    (C) <<NOTE: Deadline. Briefing.>>  not later than 30 
                days after the date on which the assessment is submitted 
                under subparagraph (B), conduct a briefing for the 
                appropriate congressional committees on the findings of 
                the assessment;
                    (D) <<NOTE: Time period.>>  update the assessment 
                under subparagraph (A) biennially, as appropriate, and 
                provide the findings of such updated assessments to the 
                Federal officials described in subsection (d)(1) and the 
                appropriate congressional committees; and
                    (E) <<NOTE: Briefings.>>  conduct briefings for the 
                appropriate congressional committees as needed any time 
                an assessment under this paragraph is updated.
            (2) Classification and format.--Assessments under paragraph 
        (1) shall be submitted in an unclassified format and include a 
        classified annex, as appropriate.

    (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means the following:
            (1) The Committees on Armed Services of the House of 
        Representatives and the Senate.
            (2) The Committee on Energy and Commerce of the House of 
        Representatives and the Committee on Health, Education, Labor, 
        and Pensions of the Senate.
            (3) The Committee on Homeland Security of the House of 
        Representatives and the Committee on Homeland Security and 
        Governmental Affairs of the Senate.
            (4) The Committee on Agriculture of the House of 
        Representatives and the Committee on Agriculture, Nutrition, and 
        Forestry of the Senate.
            (5) The Permanent Select Committee on Intelligence of the 
        House of Representatives and the Select Committee on 
        Intelligence of the Senate.

[[Page 134 STAT. 3550]]

            (6) The Committee on Foreign Affairs of the House of 
        Representatives and the Committee on Foreign Relations of the 
        Senate.

    (f) Rule of Construction.--Nothing in this section shall be 
construed to alter, limit, or duplicate the roles, responsibilities, 
authorities, or current activities, as established in statute or 
otherwise through existing practice or policy, of each Federal 
department or agency with responsibilities for biodefense or otherwise 
relevant to implementation of the National Biodefense Strategy.
SEC. 365. PLANS AND REPORTS ON EMERGENCY RESPONSE TRAINING FOR 
                        MILITARY INSTALLATIONS.

    (a) <<NOTE: Deadlines.>>  Plans.--
            (1) In general.--Not later than 90 days after the date of 
        the enactment of this Act, the Secretary of Defense shall ensure 
        that each military installation under the jurisdiction of the 
        Secretary that does not conduct live emergency response training 
        on an annual basis or more frequently with the civilian law 
        enforcement and emergency response agencies responsible for 
        responding to an emergency at the installation develops a plan 
        to conduct such training.
            (2) Elements.--Each plan developed under paragraph (1) with 
        respect to an installation--
                    (A) shall include--
                          (i) <<NOTE: Costs.>>  the cost of implementing 
                      training described in paragraph (1) at the 
                      installation;
                          (ii) a description of any obstacles to the 
                      implementation of such training; and
                          (iii) <<NOTE: Recommenda- tions.>>  
                      recommendations for mitigating any such obstacles; 
                      and
                    (B) shall be designed to ensure that the civilian 
                law enforcement and emergency response agencies 
                described in paragraph (1) are familiar with--
                          (i) the physical features of the installation, 
                      including gates, buildings, armories, 
                      headquarters, command and control centers, and 
                      medical facilities; and
                          (ii) <<NOTE: Procedures.>>  the emergency 
                      response personnel and procedures of the 
                      installation.
            (3) Submittal of plans.--
                    (A) Submittal to secretary.--Not later than 90 days 
                after the date of the enactment of this Act, the 
                commander of each military installation required to 
                develop a plan under paragraph (1) shall submit such 
                plan to the Secretary of Defense.
                    (B) <<NOTE: Summary.>>  Submittal to congress.--Not 
                later than 180 days after the date of the enactment of 
                this Act, the Secretary shall submit to the Committees 
                on Armed Services of the Senate and the House of 
                Representatives a summary of the plans submitted to the 
                Secretary under subparagraph (A).

    (b) Reports on Training Conducted.--
            (1) <<NOTE: Deadline.>>  List of installations.--Not later 
        than March 1, 2021, the Secretary shall submit to the Committees 
        on Armed Services of the Senate and the House of Representatives 
        a list of all military installations under the jurisdiction of 
        the Secretary that conduct live emergency response training on 
        an

[[Page 134 STAT. 3551]]

        annual basis or more frequently with the civilian law 
        enforcement and emergency response agencies responsible for 
        responding to an emergency at the installation.
            (2) Annual reports.--
                    (A) In general.--Not later than one year after the 
                date of the enactment of this Act, and annually 
                thereafter, the commander of each military installation 
                under the jurisdiction of the Secretary shall submit to 
                the Secretary a report on each live emergency response 
                training conducted during the year covered by the report 
                with the civilian law enforcement and emergency response 
                agencies responsible for responding to an emergency at 
                the installation.
                    (B) Elements.--Each report submitted under 
                subparagraph (A) shall include, with respect to each 
                training exercise, the following:
                          (i) The date and duration of the exercise.
                          (ii) A detailed description of the exercise.
                          (iii) An identification of all military and 
                      civilian personnel who participated in the 
                      exercise.
                          (iv) <<NOTE: Recommenda- tions.>>  Any 
                      recommendations resulting from the exercise.
                          (v) The actions taken, if any, to implement 
                      such recommendations.
                    (C) Inclusion in annual budget submission.--
                          (i) <<NOTE: Summary.>>  In general.--The 
                      Secretary shall include in the budget submitted to 
                      Congress by the President pursuant to section 
                      1105(a) of title 31, United States Code, a summary 
                      of any report submitted to the Secretary under 
                      subparagraph (A) during the one-year period 
                      preceding the submittal of the budget.
                          (ii) Classified form.--The summary submitted 
                      under clause (i) may be submitted in classified 
                      form.
                    (D) Sunset.--The requirement to submit annual 
                reports under subparagraph (A) shall terminate upon the 
                submittal of the budget described in subparagraph (C)(i) 
                for fiscal year 2024.
SEC. 366. INAPPLICABILITY OF CONGRESSIONAL NOTIFICATION AND DOLLAR 
                        LIMITATION REQUIREMENTS FOR ADVANCE 
                        BILLINGS FOR CERTAIN BACKGROUND 
                        INVESTIGATIONS.

    Section 2208(l) of title 10, United States Code, is amended--
            (1) by redesignating paragraph (4) as paragraph (5); and
            (2) by inserting after paragraph (3) the following new 
        paragraph (4):

    ``(4) This subsection shall not apply to advance billing for 
background investigation and related services performed by the Defense 
Counterintelligence and Security Agency.''.
SEC. 367. ADJUSTMENT IN AVAILABILITY OF APPROPRIATIONS FOR UNUSUAL 
                        COST OVERRUNS AND FOR CHANGES IN SCOPE OF 
                        WORK.

    Section 8683 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(c) Treatment of Amounts Appropriated After End of Period of 
Obligation.--In the application of section 1553(c) of title 31 to funds 
appropriated in the Operation and Maintenance, Navy account that are 
available for ship overhaul, the Secretary

[[Page 134 STAT. 3552]]

of the Navy may treat the limitation specified in paragraph (1) of such 
section to be `$10,000,000' rather than `$4,000,000'.''.
SEC. 368. <<NOTE: Deadline. 10 USC 2672 note.>>  REQUIREMENT THAT 
                        SECRETARY OF DEFENSE IMPLEMENT SECURITY 
                        AND EMERGENCY RESPONSE RECOMMENDATIONS 
                        RELATING TO ACTIVE SHOOTER OR TERRORIST 
                        ATTACKS ON INSTALLATIONS OF DEPARTMENT OF 
                        DEFENSE.

    (a) Requirement.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall implement the 
applicable security and emergency response recommendations relating to 
active shooter or terrorist attacks on installations of the Department 
of Defense made in the following reports:
            (1) The report by the Government Accountability Office dated 
        July 2015 entitled, ``Insider Threats: DOD Should Improve 
        Information Sharing and Oversight to Protect U.S. 
        Installations'' (GAO-15-543).
            (2) The report prepared by the Department of the Navy 
        relating to the Washington Navy Yard shooting in 2013.
            (3) The report by the Department of the Army dated August 
        2010 entitled ``Fort Hood, Army Internal Review Team: Final 
        Report''.
            (4) The independent review by the Department of Defense 
        dated January 2010 entitled ``Protecting the Force: Lessons from 
        Fort Hood''.
            (5) The report by the Department of the Air Force dated 
        October 2010 entitled ``Air Force Follow-On Review: Protecting 
        the Force: Lessons from Fort Hood''.

    (b) Notification of Inapplicable Recommendations.--
            (1) <<NOTE: Determination.>>  In general.--If the Secretary 
        determines that a recommendation described in subsection (a) is 
        outdated, is no longer applicable, or has been superseded by 
        more recent separate guidance or recommendations set forth by 
        the Government Accountability Office, the Department of Defense, 
        or another entity in related contracted review, the Secretary 
        shall notify the Committees on Armed Services of the Senate and 
        the House of Representatives not later than 45 days after the 
        date of the enactment of this Act.
            (2) Identification and justification.--The notification 
        under paragraph (1) shall include an identification, set forth 
        by report specified in subsection (a), of each recommendation 
        that the Secretary determines should not be implemented, with a 
        justification for each such determination.
SEC. 369. <<NOTE: 10 USC 2251 note prec.>>  CLARIFICATION OF FOOD 
                        INGREDIENT REQUIREMENTS FOR FOOD OR 
                        BEVERAGES PROVIDED BY THE DEPARTMENT OF 
                        DEFENSE.

    (a) <<NOTE: Federal Register, publication. Notice. Public 
comment.>>  In General.--Before making any final rule, statement, or 
determination regarding the limitation or prohibition of any food or 
beverage ingredient in military food service, military medical foods, 
commissary food, or commissary food service, the Secretary of Defense 
shall publish in the Federal Register a notice of a preliminary rule, 
statement, or determination (in this section referred to as a ``proposed 
action'') and provide opportunity for public comment.

    (b) Matters to Be Included.--The Secretary shall include in any 
notice published under subsection (a) the following:
            (1) The date of the notice.

[[Page 134 STAT. 3553]]

            (2) Contact information for the appropriate office at the 
        Department of Defense.
            (3) <<NOTE: Summary.>>  A summary of the notice.
            (4) A date for comments to be submitted and specific methods 
        for submitting comments.
            (5) A description of the substance of the proposed action.
            (6) Findings and a statement of reasons supporting the 
        proposed action.

    (c) <<NOTE: Determinations.>>  Waiver Authority.--
            (1) Military operations and emergency response.--The 
        Secretary may waive subsections (a) and (b) if the Secretary 
        determines that such a waiver is necessary for military 
        operations or for the response to a national emergency declared 
        by the President under the National Emergencies Act (50 U.S.C. 
        1601 et seq.), a medical emergency, or a pandemic.
            (2) Protection of human health.--The Secretary may waive 
        subsections (a) and (b) if the Food and Drug Administration, the 
        Surgeon General of the United States, or the Surgeons General of 
        the Department of Defense makes a recall or prohibition 
        determination due to certain ingredients being harmful for human 
        consumption.
            (3) Notification required.--
                    (A) <<NOTE: Deadline.>>  In general.--The Secretary 
                shall notify the congressional defense committees not 
                later than 60 days after exercising waiver authority 
                under paragraph (1).
                    (B) Elements.--The notification required under 
                subparagraph (A) shall include, with respect to each 
                waiver, the following elements:
                          (i) The date, time, and location of the 
                      issuance of the waiver.
                          (ii) A detailed justification for the issuance 
                      of the waiver.
                          (iii) An identification of the rule, 
                      statement, or determination for which the 
                      Secretary issued the waiver, including the 
                      proposed duration of such rule, statement, or 
                      determination.
SEC. 370. <<NOTE: 10 USC 113 note.>>  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.

    (a) <<NOTE: Deadline. Plan.>>  Removal.--Not later than three years 
after the date of the enactment of this Act, the Secretary of Defense 
shall implement the plan submitted by the commission described in 
paragraph (b) and remove all names, symbols, displays, monuments, and 
paraphernalia that honor or commemorate the Confederate States of 
America (commonly referred to as the ``Confederacy'') or any person who 
served voluntarily with the Confederate States of America from all 
assets of the Department of Defense.

    (b) <<NOTE: Establishment.>>  In General.--The Secretary of Defense 
shall establish a commission relating to assigning, modifying, or 
removing of names, symbols, displays, monuments, and paraphernalia to 
assets of the Department of Defense that commemorate the Confederate 
States of America or any person who served voluntarily with the 
Confederate States of America.

    (c) Duties.--The Commission shall--

[[Page 134 STAT. 3554]]

            (1) assess the cost of renaming or removing names, symbols, 
        displays, monuments, or paraphernalia that commemorate the 
        Confederate States of America or any person who served 
        voluntarily with the Confederate States of America;
            (2) develop procedures and criteria to assess whether an 
        existing name, symbol, monument, display, or paraphernalia 
        commemorates the Confederate States of America or person who 
        served voluntarily with the Confederate States of America;
            (3) recommend procedures for renaming assets of the 
        Department of Defense to prevent commemoration of the 
        Confederate States of America or any person who served 
        voluntarily with the Confederate States of America;
            (4) develop a plan to remove names, symbols, displays, 
        monuments, or paraphernalia that commemorate the Confederate 
        States of America or any person who served voluntarily with the 
        Confederate States of America from assets of the Department of 
        Defense, within the timeline established by this Act; and
            (5) include in the plan procedures and criteria for 
        collecting and incorporating local sensitivities associated with 
        naming or renaming of assets of the Department of Defense.

    (d) <<NOTE: Appointments.>>  Membership.--The Commission shall be 
composed of eight members, of whom--
            (1) four shall be appointed by the Secretary of Defense;
            (2) one shall be appointed by the Chairman of the Committee 
        on Armed Services of the Senate;
            (3) one shall be appointed by the Ranking Member of the 
        Committee on Armed Services of the Senate;
            (4) one shall be appointed by the Chairman of the Committee 
        on Armed Services of the House of Representatives; and
            (5) one shall be appointed by the Ranking Member of the 
        Committee on Armed Services of the House of Representatives.

    (e) <<NOTE: Deadline.>>  Appointment.--Members of the Commission 
shall be appointed not later than 45 days after the date of the 
enactment of this Act.

    (f) Initial Meeting.--The Commission shall hold its initial meeting 
on the date that is 60 days after the enactment of this Act.
    (g) <<NOTE: Deadline.>>  Briefings and Reports.--Not later than 
October 1, 2021, the Commission shall brief the Committees on Armed 
Services of the Senate and House of Representatives detailing the 
progress of the requirements under subsection (c). Not later than 
October 1, 2022, and not later than 90 days before the implementation of 
the plan in subsection (c)(4), the Commission shall present a briefing 
and written report detailing the results of the requirements under 
subsection (c), including:
            (1) <<NOTE: List.>>  A list of assets to be removed or 
        renamed.
            (2) <<NOTE: Costs.>>  Costs associated with the removal or 
        renaming of assets in subsection (g)(1).
            (3) <<NOTE: Criteria. Requirements.>>  Criteria and 
        requirements used to nominate and rename assets in subsection 
        (g)(1).
            (4) Methods of collecting and incorporating local 
        sensitivities associated with the removal or renaming of assets 
        in subsection (g)(1).

    (h) Funding.--

[[Page 134 STAT. 3555]]

            (1) Authorization of appropriations.--There is authorized to 
        be appropriated $2,000,000 to carry out this section.
            (2) Offset.--The amount authorized to be appropriated by the 
        Act for fiscal year 2021 for Operations and Maintenance, Army, 
        sub activity group 434 - other personnel support is hereby 
        reduced by $2,000,000.

    (i) Assets Defined.--In this section, the term ``assets'' includes 
any base, installation, street, building, facility, aircraft, ship, 
plane, weapon, equipment, or any other property owned or controlled by 
the Department of Defense.
    (j) Exemption for Grave Markers.--Shall not cover monuments but 
shall exempt grave markers. Congress expects the commission to further 
define what constitutes a grave marker.

               TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS

                        Subtitle A--Active Forces

Sec. 401. End strengths for active forces.
Sec. 402. Revisions to permanent active duty end strength minimum 
           levels.
Sec. 403. Modification of the authorized number and accounting method 
           for senior enlisted personnel.

                       Subtitle B--Reserve Forces

Sec. 411. End strengths for Selected Reserve.
Sec. 412. End strengths for Reserves on active duty in support of the 
           Reserves.
Sec. 413. End strengths for military technicians (dual status).
Sec. 414. Maximum number of reserve personnel authorized to be on active 
           duty for operational support.
Sec. 415. Separate authorization by Congress of minimum end strengths 
           for non-temporary military technicians (dual status) and end 
           strengths for temporary military technicians (dual status).

               Subtitle C--Authorization of Appropriations

Sec. 421. Military personnel.

                        Subtitle A--Active Forces

SEC. 401. END STRENGTHS FOR ACTIVE FORCES.

    The Armed Forces are authorized strengths for active duty personnel 
as of September 30, 2021, as follows:
            (1) The Army, 485,900.
            (2) The Navy, 347,800.
            (3) The Marine Corps, 181,200.
            (4) The Air Force, 333,475.
SEC. 402. REVISIONS TO PERMANENT ACTIVE DUTY END STRENGTH MINIMUM 
                        LEVELS.

    (a) In General.--Section 691 of title 10, United States Code, is 
amended--
            (1) in the heading, by striking ``two major regional 
        contingencies'' and inserting ``the National Defense Strategy'';
            (2) in subsection (a)--
                    (A) by striking ``a national defense strategy 
                calling for'' and inserting ``the national defense 
                strategy of''; and
                    (B) by striking ``to be able to successfully conduct 
                two nearly simultaneous major regional contingencies'';

[[Page 134 STAT. 3556]]

            (3) in subsection (b), by striking paragraphs (1) through 
        (4) and inserting the following new paragraphs:
            ``(1) For the Army, 485,900.
            ``(2) For the Navy, 347,800.
            ``(3) For the Marine Corps, 181,200.
            ``(4) For the Air Force, 333,475.''; and
            (4) in subsection (e)--
                    (A) by inserting ``or the Secretary concerned'' 
                after ``Secretary of Defense''; and
                    (B) by striking ``reduce a number specified in 
                subsection (b) by not more than 2 percent'' and 
                inserting ``vary a number specified in subsection (b) in 
                accordance with section 115 of this title''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 39 of such title <<NOTE: 10 USC 671 prec.>>  is amended by 
striking the item relating to section 691 and inserting the following:

``691. Permanent end strength levels to support the National Defense 
           Strategy''.

SEC. 403. MODIFICATION OF THE AUTHORIZED NUMBER AND ACCOUNTING 
                        METHOD FOR SENIOR ENLISTED PERSONNEL.

    (a) In General.--Section 517 of title 10, United States Code, is 
amended--
            (1) in the section heading, by striking ``daily average'' 
        and inserting ``enlisted end strength'';
            (2) in subsection (a)--
                    (A) by striking ``daily average number of'' and 
                inserting ``end strength for'';
                    (B) by striking ``in a fiscal year'' and inserting 
                ``as of the last day of a fiscal year'';
                    (C) by striking ``2.5 percent'' and inserting ``3.0 
                percent''; and
                    (D) by striking ``on the first day of that fiscal 
                year''; and
            (3) by striking subsection (b).

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 31 of such title is <<NOTE: 10 USC 501 prec.>>  amended by 
striking the item relating to section 517 and inserting the following 
new item:

``517. Authorized enlisted end strength: members in pay grades E-8 and 
           E-9.''.

                       Subtitle B--Reserve Forces

SEC. 411. END STRENGTHS FOR SELECTED RESERVE.

    (a) In General.--The Armed Forces are authorized strengths for 
Selected Reserve personnel of the reserve components as of September 30, 
2021, as follows:
            (1) The Army National Guard of the United States, 336,500.
            (2) The Army Reserve, 189,800.
            (3) The Navy Reserve, 58,800.
            (4) The Marine Corps Reserve, 38,500.
            (5) The Air National Guard of the United States, 108,100.
            (6) The Air Force Reserve, 70,300.
            (7) The Coast Guard Reserve, 7,000.

    (b) End Strength Reductions.--The end strengths prescribed by 
subsection (a) for the Selected Reserve of any reserve component shall 
be proportionately reduced by--

[[Page 134 STAT. 3557]]

            (1) the total authorized strength of units organized to 
        serve as units of the Selected Reserve of such component which 
        are on active duty (other than for training) at the end of the 
        fiscal year; and
            (2) the total number of individual members not in units 
        organized to serve as units of the Selected Reserve of such 
        component who are on active duty (other than for training or for 
        unsatisfactory participation in training) without their consent 
        at the end of the fiscal year.

    (c) End Strength Increases.--Whenever units or individual members of 
the Selected Reserve of any reserve component are released from active 
duty during any fiscal year, the end strength prescribed for such fiscal 
year for the Selected Reserve of such reserve component shall be 
increased proportionately by the total authorized strengths of such 
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN SUPPORT OF 
                        THE RESERVES.

    Within the end strengths prescribed in section 411(a), the reserve 
components of the Armed Forces are authorized, as of September 30, 2021, 
the following number of Reserves to be serving on full-time active duty 
or full-time duty, in the case of members of the National Guard, for the 
purpose of organizing, administering, recruiting, instructing, or 
training the reserve components:
            (1) The Army National Guard of the United States, 30,595.
            (2) The Army Reserve, 16,511.
            (3) The Navy Reserve, 10,215.
            (4) The Marine Corps Reserve, 2,386.
            (5) The Air National Guard of the United States, 25,333.
            (6) The Air Force Reserve, 5,256.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL STATUS).

    (a) In General.--The minimum number of military technicians (dual 
status) as of the last day of fiscal year 2021 for the reserve 
components of the Army and the Air Force (notwithstanding section 129 of 
title 10, United States Code) shall be the following:
            (1) For the Army National Guard of the United States, 
        22,294.
            (2) For the Army Reserve, 6,492.
            (3) For the Air National Guard of the United States, 10,994.
            (4) For the Air Force Reserve, 7,947.

    (b) Limitation.--Under no circumstances may a military technician 
(dual status) employed under the authority of this section be coerced by 
a State into accepting an offer of realignment or conversion to any 
other military status, including as a member of the Active, Guard, and 
Reserve program of a reserve component. If a military technician (dual 
status) declines to participate in such realignment or conversion, no 
further action will be taken against the individual or the individual's 
position.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO BE ON 
                        ACTIVE DUTY FOR OPERATIONAL SUPPORT.

    During fiscal year 2021, the maximum number of members of the 
reserve components of the Armed Forces who may be serving at any time on 
full-time operational support duty under section 115(b) of title 10, 
United States Code, is the following:

[[Page 134 STAT. 3558]]

            (1) The Army National Guard of the United States, 17,000.
            (2) The Army Reserve, 13,000.
            (3) The Navy Reserve, 6,200.
            (4) The Marine Corps Reserve, 3,000.
            (5) The Air National Guard of the United States, 16,000.
            (6) The Air Force Reserve, 14,000.
SEC. 415. SEPARATE AUTHORIZATION BY CONGRESS OF MINIMUM END 
                        STRENGTHS FOR NON-TEMPORARY MILITARY 
                        TECHNICIANS (DUAL STATUS) AND END 
                        STRENGTHS FOR TEMPORARY MILITARY 
                        TECHNICIANS (DUAL STATUS).

    (a) In General.--Section 115(d) of title 10, United States Code, is 
amended--
            (1) in the first sentence, by striking ``the end strength 
        for military technicians (dual status)'' and inserting ``both 
        the minimum end strength for non-temporary military technicians 
        (dual status) and the end strength for temporary military 
        technicians (dual status)''; and
            (2) in the third sentence, by striking ``the end strength 
        requested for military technicians (dual status)'' and inserting 
        ``the minimum end strength for non-temporary military 
        technicians (dual status), and the end strength for temporary 
        military technicians (dual status), requested''.

    (b) <<NOTE: Applicability. 10 USC 115 note.>>  Effective Date.--The 
amendments made by subsection (a) shall take effect on the day after the 
date of the enactment of this Act. <<NOTE: Applicability.>>  The 
amendment made by subsection (a)(2) shall apply with respect to budgets 
submitted by the President to Congress under section 1105 of title 31, 
United States Code, after such effective date.

               Subtitle C--Authorization of Appropriations

SEC. 421. MILITARY PERSONNEL.

    (a) Authorization of Appropriations.--Funds are hereby authorized to 
be appropriated for fiscal year 2021 for the use of the Armed Forces and 
other activities and agencies of the Department of Defense for expenses, 
not otherwise provided for, for military personnel, as specified in the 
funding table in section 4401.
    (b) Construction of Authorization.--The authorization of 
appropriations in the subsection (a) supersedes any other authorization 
of appropriations (definite or indefinite) for such purpose for fiscal 
year 2021.

                   TITLE V--MILITARY PERSONNEL POLICY

                  Subtitle A--Officer Personnel Policy

Sec. 501. Authorized strengths of general and flag officers on active 
           duty.
Sec. 502. Temporary expansion of availability of enhanced constructive 
           service credit in a particular career field upon original 
           appointment as a commissioned officer.
Sec. 503. Diversity in selection boards.
Sec. 504. Requirement for promotion selection board recommendation of 
           higher placement on promotion list of officers of particular 
           merit.

[[Page 134 STAT. 3559]]

Sec. 505. Special selection review boards for review of promotion of 
           officers subject to adverse information identified after 
           recommendation for promotion and related matters.
Sec. 506. Number of opportunities for consideration for promotion under 
           alternative promotion authority.
Sec. 507. Mandatory retirement for age.
Sec. 508. Clarifying and improving restatement of rules on the retired 
           grade of commissioned officers.
Sec. 509. Repeal of authority for original appointment of regular Navy 
           officers designated for engineering duty, aeronautical 
           engineering duty, and special duty.
Sec. 509A. Permanent programs on direct commissions to cyber positions.
Sec. 509B. Review of Seaman to Admiral-21 program.

                Subtitle B--Reserve Component Management

Sec. 511. Temporary authority to order retired members to active duty in 
           high-demand, low-density assignments during war or national 
           emergency.
Sec. 512. Expansion of Junior Reserve Officers' Training Corps Program.
Sec. 513. Grants to support STEM education in the Junior Reserve 
           Officers' Training Corps.
Sec. 514. Permanent suicide prevention and resilience program for the 
           reserve components.
Sec. 515. Modification of education loan repayment program for members 
           of Selected Reserve.
Sec. 516. Inclusion of drill or training foregone due to emergency 
           travel or duty restrictions in computations of entitlement to 
           and amounts of retired pay for non-regular service.
Sec. 517. Quarantine lodging for members of the reserve components who 
           perform certain service in response to the COVID-19 
           emergency.
Sec. 518. Direct employment pilot program for certain members of the 
           reserve components.
Sec. 519. Pilot programs authorized in connection with SROTC units and 
           CSPI programs at Historically Black Colleges and Universities 
           and minority institutions.
Sec. 519A. Report regarding full-time National Guard duty in response to 
           the COVID-19 pandemic.
Sec. 519B. Study and report on National Guard support to States 
           responding to major disasters.
Sec. 519C. Report on guidance for use of unmanned aircraft systems by 
           the National Guard.
Sec. 519D. Study and report on ROTC recruitment.

   Subtitle C--General Service Authorities and Correction of Military 
                                 Records

Sec. 521. Increased access to potential recruits.
Sec. 522. Sunset and transfer of functions of the Physical Disability 
           Board of Review.
Sec. 523. Honorary promotion matters.
Sec. 524. Exclusion of official photographs of members from records 
           furnished to promotion selection boards.
Sec. 525. Report regarding reviews of discharges and dismissals based on 
           sexual orientation.

 Subtitle D--Prevention and Response To Sexual Assault, Harassment, and 
                           Related Misconduct

Sec. 531. Modification of time required for expedited decisions in 
           connection with applications for change of station or unit 
           transfer of members who are victims of sexual assault or 
           related offenses.
Sec. 532. Confidential reporting of sexual harassment.
Sec. 533. Additional bases for provision of advice by the Defense 
           Advisory Committee for the Prevention of Sexual Misconduct.
Sec. 534. Additional matters for 2021 report of the Defense Advisory 
           Committee for the Prevention of Sexual Misconduct.
Sec. 535. Inclusion of advisory duties on the Coast Guard Academy among 
           duties of Defense Advisory Committee for the Prevention of 
           Sexual Misconduct.
Sec. 536. Modification of reporting and data collection on victims of 
           sexual offenses.
Sec. 537. Modification of annual report regarding sexual assaults 
           involving members of the Armed Forces.
Sec. 538. Coordination of support for survivors of sexual trauma.
Sec. 539. Policy for military service academies on separation of alleged 
           victims and alleged perpetrators in incidents of sexual 
           assault.
Sec. 539A. Safe-to-report policy applicable across the Armed Forces.

[[Page 134 STAT. 3560]]

Sec. 539B. Accountability of leadership of the Department of Defense for 
           discharging the sexual harassment policies and programs of 
           the Department.
Sec. 539C. Reports on status of investigations of alleged sex-related 
           offenses.
Sec. 539D. Report on ability of Sexual Assault Response Coordinators and 
           Sexual Assault Prevention and Response Victim Advocates to 
           perform duties.
Sec. 539E. Briefing on Special Victims' Counsel program.
Sec. 539F. Briefing on placement of members of the Armed Forces in 
           academic status who are victims of sexual assault onto Non-
           Rated Periods.

          Subtitle E--Military Justice and Other Legal Matters

Sec. 541. Right to notice of victims of offenses under the Uniform Code 
           of Military Justice regarding certain post-trial motions, 
           filings, and hearings.
Sec. 542. Qualifications of judges and standard of review for Courts of 
           Criminal Appeals.
Sec. 543. Preservation of court-martial records.
Sec. 544. Availability of records for National Instant Criminal 
           Background Check System.
Sec. 545. Removal of personally identifying and other information of 
           certain persons from investigative reports, the Department of 
           Defense Central Index of Investigations, and other records 
           and databases.
Sec. 546. Briefing on mental health support for vicarious trauma for 
           certain personnel in the military justice system.
Sec. 547. Comptroller General of the United States report on 
           implementation by the Armed Forces of recent GAO 
           recommendations and statutory requirements on assessment of 
           racial, ethnic, and gender disparities in the military 
           justice system.
Sec. 548. Legal assistance for veterans and surviving spouses and 
           dependents.
Sec. 549. Clarification of termination of leases of premises and motor 
           vehicles of servicemembers who incur catastrophic injury or 
           illness or die while in military service.
Sec. 549A. Multidisciplinary board to evaluate suicide events.
Sec. 549B. Improvements to Department of Defense tracking of and 
           response to incidents of child abuse, adult crimes against 
           children, and serious harmful behavior between children and 
           youth involving military dependents on military 
           installations.
Sec. 549C. Independent analysis and recommendations on domestic violence 
           in the Armed Forces.

                   Subtitle F--Diversity and Inclusion

Sec. 551.  Diversity and inclusion reporting requirements and related 
           matters.
Sec. 552. National emergency exception for timing requirements with 
           respect to certain surveys of members of the Armed Forces.
Sec. 553. Questions regarding racism, anti-Semitism, and supremacism in 
           workplace surveys administered by the Secretary of Defense.
Sec. 554. Inspector General oversight of diversity and inclusion in 
           Department of Defense; supremacist, extremist, or criminal 
           gang activity in the Armed Forces.
Sec. 555. Policy to improve responses to pregnancy and childbirth by 
           certain members of the Armed Forces.
Sec. 556. Training on certain Department of Defense instructions for 
           members of the Armed Forces.
Sec. 557. Evaluation of barriers to minority participation in certain 
           units of the Armed Forces.
Sec. 558. Comptroller General of the United States report on equal 
           opportunity at the military service academies.

                   Subtitle G--Decorations and Awards

Sec. 561. Extension of time to review World War I Valor Medals.
Sec. 562. Authorizations for certain awards.
Sec. 563. Feasibility study on establishment of service medal for 
           radiation-exposed veterans.
Sec. 564. Expressing support for the designation of Silver Star Service 
           Banner Day.

   Subtitle H--Member Education, Training, Transition, and Resilience

Sec. 571. Mentorship and career counseling program for officers to 
           improve diversity in military leadership.
Sec. 572. Expansion of Skillbridge program to include the Coast Guard.
Sec. 573. Increase in number of permanent professors at the United 
           States Air Force Academy.
Sec. 574. Additional elements with 2021 and 2022 certifications on the 
           Ready, Relevant Learning initiative of the Navy.

[[Page 134 STAT. 3561]]

Sec. 575. Information on nominations and applications for military 
           service academies.
Sec. 576. Report on potential improvements to certain military 
           educational institutions of the Department of Defense.
Sec. 577. College of International Security Affairs of the National 
           Defense University.
Sec. 578. Improvements to the Credentialing Opportunities On-Line 
           programs of the Armed Forces.
Sec. 579. GAO study regarding transferability of military certifications 
           to civilian occupational licenses and certifications.
Sec. 579A. Report regarding county, Tribal, and local veterans service 
           officers.

     Subtitle I--Military Family Readiness and Dependents' Education

Sec. 581. Family readiness: definitions; communication strategy; review; 
           report.
Sec. 582. Improvements to Exceptional Family Member Program.
Sec. 583. Support services for members of special operations forces and 
           immediate family members.
Sec. 584. Responsibility for allocation of certain funds for military 
           child development programs.
Sec. 585. Military child care and child development center matters.
Sec. 586. Expansion of financial assistance under My Career Advancement 
           Account program.
Sec. 587. Improvements to partner criteria of the Military Spouse 
           Employment Partnership Program.
Sec. 588. 24-hour child care.
Sec. 589. Pilot program to provide financial assistance to members of 
           the Armed Forces for in-home child care.
Sec. 589A. Certain assistance to local educational agencies that benefit 
           dependents of military and civilian personnel.
Sec. 589B. Staffing of Department of Defense Education Activity schools 
           to maintain maximum student-to-teacher ratios.
Sec. 589C. Pilot program to expand eligibility for enrollment at 
           domestic dependent elementary and secondary schools.
Sec. 589D. Pilot program on expanded eligibility for Department of 
           Defense Education Activity Virtual High School program.
Sec. 589E. Training program regarding foreign malign influence 
           campaigns.
Sec. 589F. Study on cyberexploitation and online deception of members of 
           the Armed Forces and their families.
Sec. 589G. Matters relating to education for military dependent students 
           with special needs.
Sec. 589H. Studies and reports on the performance of the Department of 
           Defense Education Activity.

                  Subtitle J--Other Matters and Reports

Sec. 591. Expansion of Department of Defense STARBASE Program.
Sec. 592. Inclusion of certain outlying areas in the Department of 
           Defense STARBASE Program.
Sec. 593. Postponement of conditional designation of Explosive Ordnance 
           Disposal Corps as a basic branch of the Army.
Sec. 594. Armed Services Vocational Aptitude Battery Test special 
           purpose adjunct to address computational thinking.
Sec. 595. Extension of reporting deadline for the annual report on the 
           assessment of the effectiveness of activities of the Federal 
           Voting Assistance Program.
Sec. 596. Plan on performance of funeral honors details by members of 
           other Armed Forces when members of the Armed Force of the 
           deceased are unavailable.
Sec. 597. Study on financial impacts of the Coronavirus Disease 2019 on 
           members of the Armed Forces and best practices to prevent 
           future financial hardships.
Sec. 598. Limitation on implementation of Army Combat Fitness Test.
Sec. 599. Semiannual reports on implementation of recommendations of the 
           Comprehensive Review of Special Operations Forces Culture and 
           Ethics.
Sec. 599A. Report on impact of children of certain Filipino World War II 
           veterans on national security, foreign policy, and economic 
           and humanitarian interests of the United States.

[[Page 134 STAT. 3562]]

                  Subtitle A--Officer Personnel Policy

SEC. 501. AUTHORIZED STRENGTHS OF GENERAL AND FLAG OFFICERS ON 
                        ACTIVE DUTY.

    (a) Exclusion of Certain General and Flag Officers of Reserve 
Components on Active Duty From Strength Limitations.--Section 526a of 
title 10, United States Code, is amended--
            (1) by redesignating subsections (c) through (h) as 
        subsections (d) through (i), respectively; and
            (2) by inserting after subsection (b) the following new 
        subsection (c):

    ``(c) <<NOTE: Time periods.>>  Exclusion of Certain Officers of 
Reserve Components.--The limitations of this section do not apply to the 
following:
            ``(1) A general or flag officer of a reserve component who 
        is on active duty--
                    ``(A) for training; or
                    ``(B) under a call or order specifying a period of 
                less than 180 days.
            ``(2)(A) A general or flag officer of a reserve component 
        who is authorized by the Secretary of the military department 
        concerned to serve on active duty for a period of at least 180 
        days and not longer than 365 days.
            ``(B) The Secretary of the military department concerned may 
        authorize a number, determined under subparagraph (C), of 
        officers in the reserve component of each armed force under the 
        jurisdiction of that Secretary to serve as described in 
        subparagraph (A).
            ``(C) Each number described in subparagraph (B) may not 
        exceed 10 percent of the number of general or flag officers, as 
        the case may be, authorized to serve in the armed force 
        concerned under section 12004 of this title. In determining a 
        number under this subparagraph, any fraction shall be rounded 
        down to the next whole number that is greater than zero.
            ``(3)(A) A general or flag officer of a reserve component 
        who is on active duty for a period longer than 365 days and not 
        longer than three years.
            ``(B) The number of officers described in subparagraph (A) 
        who do not serve in a position that is a joint duty assignment 
        for purposes of chapter 38 of this title may not exceed five per 
        armed force, unless authorized by the Secretary of Defense.''.

    (b) Allocation of Billets and Positions Among the Armed Forces and 
for Joint Duty Assignments.--
            (1) <<NOTE: Study.>>  Report required.--Not later than May 
        1, 2021, the Secretary of Defense shall submit to the Committees 
        on Armed Services of the Senate and the House of Representatives 
        a report on the results of a study, conducted by the Secretary 
        for purposes of the report, on the following:
                    (A) The allocation among the Armed Forces of billets 
                and positions for general and flag officers on active 
                duty.
                    (B) The allocation for joint duty assignments of 
                billets and positions for general and flag officers on 
                active duty.
            (2) Consultation.--The Secretary of Defense shall carry out 
        paragraph (1) in the consultation with the Secretaries of

[[Page 134 STAT. 3563]]

        the military departments and the Chairman of the Joint Chiefs of 
        Staff.
            (3) <<NOTE: Recommenda- tions.>>  Elements.--The report 
        required by paragraph (1) shall include the following:
                    (A) <<NOTE: Plan.>>  A final plan to meet the 
                authorized strengths of general and flag officers on 
                active duty after December, 31, 2022, as required by 
                section 526a of title 10, United States Code, which plan 
                shall set forth the intended disposition of each billet 
                or position for general or flag officer in effect as of 
                the date of the enactment of this Act in order to meet 
                the objectives of the plan.
                    (B) A recommendation by the Secretary of Defense as 
                to the appropriate grade level or levels for the billet 
                or position of commander of a component command within a 
                combatant command.
                    (C) A recommendation by the Chairman of the Joint 
                Chief of Staff as to whether the billet or position of 
                commander of a component command within a combatant 
                command should be considered a joint duty assignment for 
                purposes of section 526(b) or 526a(b) of title 10, 
                United States Code.
                    (D) A recommendation by the Secretary of Defense as 
                to the allocation of billets and positions for general 
                and flag officers on active duty among the Armed Forces 
                within the aggregate limitation specified in section 
                526a(a) of title 10, United States Code, including the 
                allocation of such billets and positions within the 
                Space Force.
                    (E) Such other matters as the Secretary of Defense 
                considers appropriate.

    (c) Increase in Army Authorization for General Officers Serving in 
Grade O-10.--
            (1) Increase.--Section 525(a)(1)(A) of title 10, United 
        States Code, is amended by striking ``7'' and inserting ``8''.
            (2) Conforming decrease in strength limitations for joint 
        duty requirements.--Section 526(b)(3)(A) of such title is 
        amended by striking ``20'' and inserting ``19''.
            (3) <<NOTE: 10 USC 526 note.>>  Construction of decrease as 
        applying to generals.--The reduction in number of positions 
        excluded from authorized strength limitations resulting from the 
        amendment made by paragraph (2) shall apply to positions in the 
        grade of general.
SEC. 502. TEMPORARY EXPANSION OF AVAILABILITY OF ENHANCED 
                        CONSTRUCTIVE SERVICE CREDIT IN A 
                        PARTICULAR CAREER FIELD UPON ORIGINAL 
                        APPOINTMENT AS A COMMISSIONED OFFICER.

    (a) Regular Officers.--Subparagraph (D) of section 533(b)(1) of 
title 10, United States Code, is amended to read as follows:
            ``(D) Additional credit as follows:
                    ``(i) For special training or experience in a 
                particular officer field as designated by the Secretary 
                concerned, if such training or experience is directly 
                related to the operational needs of the armed force 
                concerned.
                    ``(ii) <<NOTE: Time period.>>  During fiscal years 
                2021 through 2025, for advanced education in an officer 
                field so designated, if such education is directly 
                related to the operational needs of the armed force 
                concerned.''.

[[Page 134 STAT. 3564]]

    (b) Reserve Officers.--Section 12207(b)(1) of such title is 
amended--
            (1) in the matter preceding subparagraph (A), ``or a 
        designation in'' and all that follows through ``education or 
        training,'' and inserting ``and who has special training or 
        experience, or advanced education (if applicable),''; and
            (2) by striking subparagraph (D) and inserting the following 
        new subparagraph (D):
            ``(D) Additional credit as follows:
                    ``(i) For special training or experience in a 
                particular officer field as designated by the Secretary 
                concerned, if such training or experience is directly 
                related to the operational needs of the armed force 
                concerned.
                    ``(ii) During fiscal years 2021 through 2025, for 
                advanced education in an officer field so designated, if 
                such education is directly related to the operational 
                needs of the armed force concerned.''.

    (c) <<NOTE: 10 USC 533 note.>>  Annual Report.--
            (1) <<NOTE: Time period.>>  In general.--Not later than 
        February 1, 2022, and every four years thereafter, each 
        Secretary of a military department shall submit to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives a report on the use of the authorities in 
        subparagraph (D) of section 553(b)(1) of title 10, United States 
        Code (as amended by subsection (a)), and subparagraph (D) of 
        section 12207(b)(1) of such title (as amended by subsection (b)) 
        (each referred to in this subsection as a ``constructive credit 
        authority'') during the preceding fiscal year for the Armed 
        Forces under the jurisdiction of such Secretary.
            (2) Elements.--Each report under paragraph (1) shall 
        include, for the fiscal year and Armed Forces covered by such 
        report, the following:
                    (A) The manner in which constructive service credit 
                was calculated under each constructive credit authority.
                    (B) The number of officers credited constructive 
                service credit under each constructive credit authority.
                    (C) <<NOTE: Assessment.>>  A description and 
                assessment of the utility of the constructive credit 
                authorities in meeting the operational needs of the 
                Armed Force concerned.
                    (D) Such other matters in connection with the 
                constructive credit authorities as the Secretary of the 
                military department concerned considers appropriate.
SEC. 503. DIVERSITY IN SELECTION BOARDS.

    (a) Requirement for Diverse Membership of Active Duty Promotion 
Selection Boards.--
            (1) Officers.--Section 612(a)(1) of title 10, United States 
        Code, is amended by adding at the end the following new 
        sentence: ``The members of a selection board shall represent the 
        diverse population of the armed force concerned to the extent 
        practicable.''.
            (2) Warrant officers.--Section 573(b) of title 10, United 
        States Code, is amended by adding at the end the following new 
        sentence: ``The members of a selection board shall represent the 
        diverse population of the armed force concerned to the extent 
        practicable.''.

[[Page 134 STAT. 3565]]

    (b) Requirement for Diverse Membership of Reserve Component 
Promotion Selection Boards.--Section 14102(b) of title 10, United States 
Code, is amended by adding at the end the following new sentence: ``The 
members of a selection board shall represent the diverse population of 
the armed force concerned to the extent practicable.''.
    (c) <<NOTE: 10 USC 573 note.>>  Other Selection Boards.--
            (1) In general.--The Secretary of Defense shall ensure that 
        the members of each selection board described in paragraph (2) 
        represent the diverse population of the Armed Force concerned to 
        the extent practicable.
            (2) Selection board described.--A selection board described 
        in this paragraph (1) is any selection board used with respect 
        to the promotion, education, or command assignments of members 
        of the Armed Forces that is not covered by the amendments made 
        by this section.
SEC. 504. REQUIREMENT FOR PROMOTION SELECTION BOARD RECOMMENDATION 
                        OF HIGHER PLACEMENT ON PROMOTION LIST OF 
                        OFFICERS OF PARTICULAR MERIT.

    (a) In General.--Section 616(h) of title 10, United States Code, is 
amended--
            (1) in paragraph (1)--
                    (A) by striking ``may'' and inserting ``shall''; and
                    (B) by inserting ``pursuant to guidelines and 
                procedures prescribed by the Secretary,'' after 
                ``officers of particular merit,''; and
            (2) in paragraph (3), by inserting ``, pursuant to 
        guidelines and procedures prescribed by the Secretary 
        concerned,'' after ``shall recommend''.

    (b) <<NOTE: Applicability. 10 USC 616 note.>>  Effective Date.--The 
amendments made by subsection (a) shall take effect on the date of the 
enactment of this Act, and shall apply with respect to officers 
recommended for promotion by promotion selection boards convened on or 
after that date.
SEC. 505. SPECIAL SELECTION REVIEW BOARDS FOR REVIEW OF PROMOTION 
                        OF OFFICERS SUBJECT TO ADVERSE INFORMATION 
                        IDENTIFIED AFTER RECOMMENDATION FOR 
                        PROMOTION AND RELATED MATTERS.

    (a) Regular Officers.--
            (1) In general.--Subchapter III of chapter 36 of title 10, 
        United States Code, is amended by inserting after section 628 
        the following new section:
``Sec. 628a. <<NOTE: 10 USC 625a.>>  Special selection review 
                  boards

    ``(a) <<NOTE: Determination. Recommenda- tions.>>  In General.--(1) 
If the Secretary of the military department concerned determines that a 
person recommended by a promotion board for promotion to a grade at or 
below the grade of major general, rear admiral in the Navy, or an 
equivalent grade in the Space Force is the subject of credible 
information of an adverse nature, including any substantiated adverse 
finding or conclusion described in section 615(a)(3)(A) of this title, 
that was not furnished to the promotion board during its consideration 
of the person for promotion as otherwise required by such section, the 
Secretary shall convene a special selection review board under this 
section to review the person and recommend whether the recommendation 
for promotion of the person should be sustained.

[[Page 134 STAT. 3566]]

    ``(2) If a person and the recommendation for promotion of the person 
is subject to review under this section by a special selection review 
board convened under this section, the name of the person--
            ``(A) shall not be disseminated or publicly released on the 
        list of officers recommended for promotion by the promotion 
        board recommending the promotion of the person; and
            ``(B) shall not be forwarded to the Secretary of Defense, 
        the President, or the Senate, as applicable, or included on a 
        promotion list under section 624(a) of this title.

    ``(b) Convening.--(1) Any special selection review board convened 
under this section shall be convened in accordance with the provisions 
of section 628(f) of this title.
    ``(2) Any special selection review board convened under this section 
may review such number of persons, and recommendations for promotion of 
such persons, as the Secretary of the military department concerned 
shall specify in convening such special selection review board.
    ``(c) Information Considered.--(1) In reviewing a person and 
recommending whether the recommendation for promotion of the person 
should be sustained under this section, a special selection review board 
convened under this section shall be furnished and consider the 
following:
            ``(A) The record and information concerning the person 
        furnished in accordance with section 615(a)(2) of this title to 
        the promotion board that recommended the person for promotion.
            ``(B) Any credible information of an adverse nature on the 
        person, including any substantiated adverse finding or 
        conclusion from an officially documented investigation or 
        inquiry described in section 615(a)(3)(A) of this title.

    ``(2) The furnishing of information to a special selection review 
board under paragraph (1)(B) shall be governed by the standards and 
procedures referred to in paragraph (3)(C) of section 615(a) of this 
title applicable to the furnishing of information described in paragraph 
(3)(A) of such section to selection boards in accordance with that 
section.
    ``(3)(A) Before information on a person described in paragraph 
(1)(B) is furnished to a special selection review board for purposes of 
this section, the Secretary of the military department concerned shall 
ensure that--
            ``(i) such information is made available to the person; and
            ``(ii) subject to subparagraphs (C) and (D), the person is 
        afforded a reasonable opportunity to submit comments on such 
        information to the special selection review board before its 
        review of the person and the recommendation for promotion of the 
        person under this section.

    ``(B) <<NOTE: Classified information. Summary.>>  If information on 
a person described in paragraph (1)(B) is not made available to the 
person as otherwise required by subparagraph (A)(i) due to the 
classification status of such information, the person shall, to the 
maximum extent practicable, be furnished a summary of such information 
appropriate to the person's authorization for access to classified 
information.

    ``(C)(i) An opportunity to submit comments on information is not 
required for a person under subparagraph (A)(ii) if--
            ``(I) such information was made available to the person in 
        connection with the furnishing of such information under

[[Page 134 STAT. 3567]]

        section 615(a) of this title to the promotion board that 
        recommended the promotion of the person subject to review under 
        this section; and
            ``(II) the person submitted comments on such information to 
        that promotion board.

    ``(ii) The comments on information of a person described in clause 
(i)(II) shall be furnished to the special selection review board.
    ``(D) <<NOTE: Waiver authority.>>  A person may waive either or both 
of the following:
            ``(i) The right to submit comments to a special selection 
        review board under subparagraph (A)(ii).
            ``(ii) The furnishing of comments to a special selection 
        review board under subparagraph (C)(ii).

    ``(d) <<NOTE: Records.>>  Consideration.--(1) In considering the 
record and information on a person under this section, the special 
selection review board shall compare such record and information with an 
appropriate sampling of the records of those officers of the same 
competitive category who were recommended for promotion by the promotion 
board that recommended the person for promotion, and an appropriate 
sampling of the records of those officers who were considered by and not 
recommended for promotion by that promotion board.

    ``(2) <<NOTE: Records.>>  Records and information shall be presented 
to a special selection review board for purposes of paragraph (1) in a 
manner that does not indicate or disclose the person or persons for whom 
the special selection review board was convened.

    ``(3) In considering whether the recommendation for promotion of a 
person should be sustained under this section, a special selection 
review board shall, to the greatest extent practicable, apply standards 
used by the promotion board that recommended the person for promotion.
    ``(4) <<NOTE: Determination.>>  The recommendation for promotion of 
a person may be sustained under this section only if the special 
selection review board determines that the person--
            ``(A) ranks on an order of merit created by the special 
        selection review board as better qualified for promotion than 
        the sample officer highest on the order of merit list who was 
        considered by and not recommended for promotion by the promotion 
        board concerned; and
            ``(B) is comparable in qualification for promotion to those 
        sample officers who were recommended for promotion by that 
        promotion board.

    ``(5) A recommendation for promotion of a person may be sustained 
under this section only by a vote of a majority of the members of the 
special selection review board.
    ``(6) If a special selection review board does not sustain a 
recommendation for promotion of a person under this section, the person 
shall be considered to have failed of selection for promotion.
    ``(e) <<NOTE: Certification.>>  Reports.--(1) Each special selection 
review board convened under this section shall submit to the Secretary 
of the military department concerned a written report, signed by each 
member of the board, containing the name of each person whose 
recommendation for promotion it recommends for sustainment and 
certifying that the board has carefully considered the record and 
information of each person whose name was referred to it.

    ``(2) <<NOTE: Applicability.>>  The provisions of sections 617(b) 
and 618 of this title apply to the report and proceedings of a special 
selection review board convened under this section in the same manner as 
they

[[Page 134 STAT. 3568]]

apply to the report and proceedings of a promotion board convened under 
section 611(a) of this title.

    ``(f) Appointment of Persons.--(1) <<NOTE: President.>>  If the 
report of a special selection review board convened under this section 
recommends the sustainment of the recommendation for promotion to the 
next higher grade of a person whose name was referred to it for review 
under this section, and the President approves the report, the person 
shall, as soon as practicable, be appointed to that grade in accordance 
with subsections (b) and (c) of section 624 of this title.

    ``(2) A person who is appointed to the next higher grade as 
described in paragraph (1) shall, upon that appointment, have the same 
date of rank, the same effective date for the pay and allowances of that 
grade, and the same position on the active-duty list as the person would 
have had pursuant to the original recommendation for promotion of the 
promotion board concerned.
    ``(g) Regulations.--(1) The Secretary of Defense shall prescribe 
regulations to carry out this section. <<NOTE: Applicability.>>  Such 
regulations shall apply uniformly across the military departments.

    ``(2) <<NOTE: Approval.>>  Any regulation prescribed by the 
Secretary of a military department to supplement the regulations 
prescribed pursuant to paragraph (1) may not take effect without the 
approval of the Secretary of Defense, in writing.

    ``(h) Promotion Board Defined.--In this section, the term `promotion 
board 'means a selection board convened by the Secretary of a military 
department under section 611(a) of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of subchapter III of chapter 36 of such 
        title <<NOTE: 10 USC 627 prec.>>  is amended by inserting after 
        the item relating to section 628 the following new item:

``628a. Special selection review boards.''.

            (3) Delay in promotion.--Section 624(d) of such title is 
        amended--
                    (A) in paragraph (1)--
                          (i) in subparagraph (D), by striking ``or'' at 
                      the end;
                          (ii) in subparagraph (E), by striking the 
                      period at the end and inserting ``; or''; and
                          (iii) by inserting after subparagraph (E) the 
                      following new subparagraph (F):
            ``(F) <<NOTE: Determination.>>  the Secretary of the 
        military department concerned determines that credible 
        information of an adverse nature, including a substantiated 
        adverse finding or conclusion described in section 615(a)(3)(A) 
        of this title, with respect to the officer will result in the 
        convening of a special selection review board under section 628a 
        of this title to review the officer and recommend whether the 
        recommendation for promotion of the officer should be 
        sustained.'';
                    (B) by redesignating paragraphs (3) and (4) as 
                paragraphs (4) and (5), respectively;
                    (C) by inserting after paragraph (2) the following 
                new paragraph (3):

    ``(3) In the case of an officer whose promotion is delayed pursuant 
to paragraph (1)(F) and whose recommendation for promotion is sustained, 
authorities for the promotion of the officer are specified in section 
628a(f) of this title.''; and

[[Page 134 STAT. 3569]]

                    (D) in paragraph (4), as redesignated by 
                subparagraph (B)--
                          (i) by striking ``The appointment'' and 
                      inserting ``(A) Except as provided in subparagraph 
                      (B), the appointment''; and
                          (ii) by adding at the end the following new 
                      subparagraph:

    ``(B) In the case of an officer whose promotion is delayed pursuant 
to paragraph (1)(F), requirements applicable to notice and opportunity 
for response to such delay are specified in section 628a(c)(3) of this 
title.''.
    (b) Reserve Officers.--
            (1) In general.--Chapter 1407 of title 10, United States 
        Code, is amended by inserting after section 14502 the following 
        new section:
``Sec. 14502a. <<NOTE: 10 USC 14502a.>>  Special selection review 
                      boards

    ``(a) In General.--(1) <<NOTE: Determination. Recommenda- tions.>>  
If the Secretary of the military department concerned determines that a 
person recommended by a promotion board for promotion to a grade at or 
below the grade of major general or rear admiral in the Navy is the 
subject of credible information of an adverse nature, including any 
substantiated adverse finding or conclusion described in section 
14107(a)(3)(A) of this title, that was not furnished to the promotion 
board during its consideration of the person for promotion as otherwise 
required by such section, the Secretary shall convene a special 
selection review board under this section to review the person and 
recommend whether the recommendation for promotion of the person should 
be sustained.

    ``(2) If a person and the recommendation for promotion of the person 
is subject to review under this section by a special selection review 
board convened under this section, the name of the person--
            ``(A) shall not be disseminated or publicly released on the 
        list of officers recommended for promotion by the promotion 
        board recommending the promotion of the person; and
            ``(B) shall not be forwarded to the Secretary of Defense, 
        the President, or the Senate, as applicable, or included on a 
        promotion list under section 14308(a) of this title.

    ``(b) Convening.--(1) Any special selection review board convened 
under this section shall be convened in accordance with the provisions 
of section 14502(b)(2) of this title.
    ``(2) Any special selection review board convened under this section 
may review such number of persons, and recommendations for promotion of 
such persons, as the Secretary of the military department concerned 
shall specify in convening such special selection review board.
    ``(c) Information Considered.--(1) In reviewing a person and 
recommending whether the recommendation for promotion of the person 
should be sustained under this section, a special selection review board 
convened under this section shall be furnished and consider the 
following:
            ``(A) The record and information concerning the person 
        furnished in accordance with section 14107(a)(2) of this title 
        to the promotion board that recommended the person for 
        promotion.
            ``(B) Any credible information of an adverse nature on the 
        person, including any substantiated adverse finding or

[[Page 134 STAT. 3570]]

        conclusion from an officially documented investigation or 
        inquiry described in section 14107(a)(3)(A) of this title.

    ``(2) The furnishing of information to a special selection review 
board under paragraph (1)(B) shall be governed by the standards and 
procedures referred to in paragraph (3)(B) of section 14107(a) of this 
title applicable to the furnishing of information described in paragraph 
(3)(A) of such section to promotion boards in accordance with that 
section.
    ``(3)(A) Before information on person described in paragraph (1)(B) 
is furnished to a special selection review board for purposes of this 
section, the Secretary of the military department concerned shall ensure 
that--
            ``(i) such information is made available to the person; and
            ``(ii) subject to subparagraphs (C) and (D), the person is 
        afforded a reasonable opportunity to submit comments on such 
        information to the special selection review board before its 
        review of the person and the recommendation for promotion of the 
        person under this section.

    ``(B) <<NOTE: Classified information. Summary.>>  If information on 
an officer described in paragraph (1)(B) is not made available to the 
person as otherwise required by subparagraph (A)(i) due to the 
classification status of such information, the person shall, to the 
maximum extent practicable, be furnished a summary of such information 
appropriate to the person's authorization for access to classified 
information.

    ``(C)(i) An opportunity to submit comments on information is not 
required for a person under subparagraph (A)(ii) if--
            ``(I) such information was made available to the person in 
        connection with the furnishing of such information under section 
        14107(a) of this title to the promotion board that recommended 
        the promotion of the person subject to review under this 
        section; and
            ``(II) the person submitted comments on such information to 
        that promotion board.

    ``(ii) The comments on information of a person described in clause 
(i)(II) shall be furnished to the special selection review board.
    ``(D) <<NOTE: Waiver authority.>>  A person may waive either or both 
of the following:
            ``(i) The right to submit comments to a special selection 
        review board under subparagraph (A)(ii).
            ``(ii) The furnishing of comments to a special selection 
        review board under subparagraph (C)(ii).

    ``(d) Consideration.--(1) In considering the record and information 
on a person under this section, the special selection review board shall 
compare such record and information with an appropriate sampling of the 
records of those officers of the same competitive category who were 
recommended for promotion by the promotion board that recommended the 
person for promotion, and an appropriate sampling of the records of 
those officers who were considered by and not recommended for promotion 
by that promotion board.
    ``(2) Records and information shall be presented to a special 
selection review board for purposes of paragraph (1) in a manner that 
does not indicate or disclose the person or persons for whom the special 
selection review board was convened.
    ``(3) In considering whether the recommendation for promotion of a 
person should be sustained under this section, a special selection 
review board shall, to the greatest extent practicable, apply

[[Page 134 STAT. 3571]]

standards used by the promotion board that recommended the person for 
promotion.
    ``(4) <<NOTE: Determination.>>  The recommendation for promotion of 
a person may be sustained under this section only if the special 
selection review board determines that the person--
            ``(A) ranks on an order of merit created by the special 
        selection review board as better qualified for promotion than 
        the sample officer highest on the order of merit list who was 
        considered by and not recommended for promotion by the promotion 
        board concerned; and
            ``(B) is comparable in qualification for promotion to those 
        sample officers who were recommended for promotion by that 
        promotion board.

    ``(5) A recommendation for promotion of a person may be sustained 
under this section only by a vote of a majority of the members of the 
special selection review board.
    ``(6) If a special selection review board does not sustain a 
recommendation for promotion of a person under this section, the person 
shall be considered to have failed of selection for promotion.
    ``(e) <<NOTE: Certification.>>  Reports.--(1) Each special selection 
review board convened under this section shall submit to the Secretary 
of the military department concerned a written report, signed by each 
member of the board, containing the name of each person whose 
recommendation for promotion it recommends for sustainment and 
certifying that the board has carefully considered the record and 
information of each person whose name was referred to it.

    ``(2) <<NOTE: Applicability.>>  The provisions of sections 14109(c), 
14110, and 14111 of this title apply to the report and proceedings of a 
special selection review board convened under this section in the same 
manner as they apply to the report and proceedings of a promotion board 
convened under section 14101(a) of this title.

    ``(f) Appointment of Persons.--(1) <<NOTE: President.>>  If the 
report of a special selection review board convened under this section 
recommends the sustainment of the recommendation for promotion to the 
next higher grade of a person whose name was referred to it for review 
under this section, and the President approves the report, the person 
shall, as soon as practicable, be appointed to that grade in accordance 
with section 14308 of this title.

    ``(2) A person who is appointed to the next higher grade as 
described in paragraph (1) shall, upon that appointment, have the same 
date of rank, the same effective date for the pay and allowances of that 
grade, and the same position on the reserve active-status list as the 
person would have had pursuant to the original recommendation for 
promotion of the promotion board concerned.
    ``(g) Regulations.--(1) The Secretary of Defense shall prescribe 
regulations to carry out this section. <<NOTE: Applicability.>>  Such 
regulations shall apply uniformly across the military departments.

    ``(2) <<NOTE: Approval.>>  Any regulation prescribed by the 
Secretary of a military department to supplement the regulations 
prescribed pursuant to paragraph (1) may not take effect without the 
approval of the Secretary of Defense, in writing.

    ``(h) Promotion Board Defined.--In this section, the term `promotion 
board 'means a selection board convened by the Secretary of a military 
department under section 14101(a) of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 1407 of such title <<NOTE: 10 USC 14501 
        prec.>>  is amended by inserting

[[Page 134 STAT. 3572]]

        after the item relating to section 14502 the following new item:

``14502a. Special selection review boards.''.

            (3) Delay in promotion.--Section 14311 of such title is 
        amended--
                    (A) in subsection (a)--
                          (i) in paragraph (1), by adding at the end the 
                      following new subparagraph:
            ``(F) <<NOTE: Determination.>>  The Secretary of the 
        military department concerned determines that credible 
        information of adverse nature, including a substantiated adverse 
        finding or conclusion described in section 14107(a)(3)(A) of 
        this title, with respect to the officer will result in the 
        convening of a special selection review board under section 
        14502a of this title to review the officer and recommend whether 
        the recommendation for promotion of the officer should be 
        sustained.''; and
                          (ii) by adding at the end the following new 
                      paragraph:

    ``(3) In the case of an officer whose promotion is delayed pursuant 
to paragraph (1)(F) and whose recommendation for promotion is sustained, 
authorities for the promotion of the officer are specified in section 
14502a(f) of this title.''; and
                    (B) in subsection (c), by adding at the end the 
                following new paragraph:

    ``(3) Notwithstanding paragraphs (1) and (2), in the case of an 
officer whose promotion is delayed pursuant to subsection (a)(1)(F), 
requirements applicable to notice and opportunity for response to such 
delay are specified in section 14502a(c)(3) of this title.''.
    (c) Requirements for Furnishing Adverse Information on Regular 
Officers to Promotion Selection Boards.--
            (1) Extension of requirements to space force regular 
        officers.--Subparagraph (B)(i) of section 615(a)(3) of title 10, 
        United States Code, is amended by striking ``or, in the case of 
        the Navy, lieutenant'' and inserting ``, in the case of the 
        Navy, lieutenant, or in the case of the Space Force, the 
        equivalent grade''.
            (2) Satisfaction of requirements through special selection 
        review boards.--Such section is further amended by adding at the 
        end the following new subparagraph:

    ``(D) With respect to the consideration of an officer for promotion 
to a grade at or below major general, in the case of the Navy, rear 
admiral, or, in the case of the Space Force, the equivalent grade, the 
requirements in subparagraphs (A) and (C) may be met through the 
convening and actions of a special selection review board with respect 
to the officer under section 628a of this title.''.
            (3) Delayed applicability of requirements to boards for 
        promotion of officers to non-general and flag officer grades.--
        Subsection (c) of section 502 of the National Defense 
        Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 
        Stat. 1344) <<NOTE: 10 USC 615 note.>>  is amended to read as 
        follows:

    ``(c) Effective Date and Applicability.--
            ``(1) Effective date.--The amendments made by this section 
        shall take effect on December 20, 2019, and shall, except as 
        provided in paragraph (2), apply with respect to the proceedings 
        of promotion selection boards convened under section 611(a) of 
        title 10, United States Code, after that date.

[[Page 134 STAT. 3573]]

            ``(2) Delayed applicability for boards for promotion to non-
        general and flag officer grades.--The amendments made this 
        section shall apply with respect to the proceedings of promotion 
        selection boards convened under section 611(a) of title 10, 
        United States Code, for consideration of officers for promotion 
        to a grade below the grade of brigadier general or, in the case 
        of the Navy, rear admiral (lower half), only if such boards are 
        so convened after January 1, 2021.''.

    (d) Requirements for Furnishing Adverse Information on Reserve 
Officers to Promotion Selection Boards.--Section 14107(a)(3) of title 
10, United States Code, is amended--
            (1) by inserting ``(A)'' after ``(3)'';
            (2) in subparagraph (A), as designated by paragraph (1), by 
        striking ``colonel, or, in the case of the Navy, captain'' and 
        inserting ``lieutenant colonel, or, in the case of the Navy, 
        commander''; and
            (3) by adding at the end the following new subparagraphs

    ``(B) The standards and procedures referred to in subparagraph (A) 
shall require the furnishing to the selection board, and to each 
individual member of the board, the information described in that 
subparagraph with regard to an officer in a grade specified in that 
subparagraph at each stage or phase of the selection board, concurrent 
with the screening, rating, assessment, evaluation, discussion, or other 
consideration by the board or member of the official military personnel 
file of the officer, or of the officer.
    ``(C) With respect to the consideration of an officer for promotion 
to a grade at or below major general or, in the Navy, rear admiral, the 
requirements in subparagraphs (A) and (B) may be met through the 
convening and actions of a special selection board with respect to the 
officer under section 14502a of this title.''.
SEC. 506. NUMBER OF OPPORTUNITIES FOR CONSIDERATION FOR PROMOTION 
                        UNDER ALTERNATIVE PROMOTION AUTHORITY.

    Section 649c of title 10, United States Code, is amended--
            (1) by redesignating subsection (d) as subsection (e); and
            (2) by inserting after subsection (c) the following new 
        subsection (d):

    ``(d) Inapplicability of Requirement Relating to Opportunities for 
Consideration for Promotion.--Section 645(1)(A)(i)(I) of this title 
shall not apply to the promotion of officers described in subsection (a) 
to the extent that such section is inconsistent with a number of 
opportunities for promotion specified pursuant to section 649d of this 
title.''.
SEC. 507. MANDATORY RETIREMENT FOR AGE.

    (a) General Rule.--Subsection (a) of section 1251 of title 10, 
United States Code, is amended--
            (1) by striking ``or Marine Corps,'' and inserting ``Marine 
        Corps, or Space Force''; and
            (2) by inserting ``or separated, as specified in subsection 
        (e),'' after ``shall be retired''.

    (b) Deferred Retirement or Separation of Health Professions 
Officers.--Subsection (b) of such section is amended--
            (1) in the subsection heading, by inserting ``or 
        Separation'' after ``Retirement''; and
            (2) in paragraph (1), by inserting ``or separation'' after 
        ``retirement''.

[[Page 134 STAT. 3574]]

    (c) Deferred Retirement or Separation of Other Officers.--Subsection 
(c) of such section is amended--
            (1) in the subsection heading, by striking ``of Chaplains'' 
        and inserting ``or Separation of Other Officers'';
            (2) by inserting ``or separation'' after ``retirement''; and
            (3) by striking ``an officer who is appointed or designated 
        as a chaplain'' and inserting ``any officer other than a health 
        professions officer described in subsection (b)(2)''.

    (d) Retirement or Separation Based on Years of Creditable Service.--
Such section is further amended by adding at the end the following new 
subsection:
    ``(e) Retirement or Separation Based on Years of Creditable 
Service.--(1) <<NOTE: Applicability.>>  The following rules shall apply 
to a regular commissioned officer who is to be retired or separated 
under subsection (a):
            ``(A) If the officer has at least 6 but fewer than 20 years 
        of creditable service, the officer shall be separated, with 
        separation pay computed under section 1174(d)(1) of this title.
            ``(B) If the officer has fewer than 6 years of creditable 
        service, the officer shall be separated under subsection (a).

    ``(2) Notwithstanding paragraph (1), in the case of a regular 
commissioned officer who was added to the retired list before the date 
of the enactment of the William M. (Mac) Thornberry National Defense 
Authorization Act for Fiscal Year 2021, the officer shall be retired, 
with retired pay computed under section 1401 of this title.''.
SEC. 508. CLARIFYING AND IMPROVING RESTATEMENT OF RULES ON THE 
                        RETIRED GRADE OF COMMISSIONED OFFICERS.

    (a) Restatement.--
            (1) In general.--Chapter 69 of title 10, United States Code, 
        is amended by striking section 1370 and inserting the following 
        new sections:
``Sec. 1370. <<NOTE: 10 USC 1370.>>  Regular commissioned officers

    ``(a) Retirement in Highest Grade in Which Served Satisfactorily.--
            ``(1) In general.--Unless entitled to a different retired 
        grade under some other provision of law, a commissioned officer 
        (other than a commissioned warrant officer) of the Army, Navy, 
        Air Force, Marine Corps, or Space Force who retires under any 
        provision of law other than chapter 61 or 1223 of this title 
        shall be retired in the highest permanent grade in which such 
        officer is determined to have served on active duty 
        satisfactorily.
            ``(2) Determination of satisfactory service.--The 
        determination of satisfactory service of an officer in a grade 
        under paragraph (1) shall be made as follows:
                    ``(A) By the Secretary of the military department 
                concerned, if the officer is serving in a grade at or 
                below the grade of major general, rear admiral in the 
                Navy, or the equivalent grade in the Space Force.
                    ``(B) By the Secretary of Defense, if the officer is 
                serving or has served in a grade above the grade of 
                major general, rear admiral in the Navy, or the 
                equivalent grade in the Space Force.

[[Page 134 STAT. 3575]]

            ``(3) Effect of misconduct in lower grade in 
        determination.--If the Secretary of a military department or the 
        Secretary of Defense, as applicable, determines that an officer 
        committed misconduct in a lower grade than the retirement grade 
        otherwise provided for the officer by this section--
                    ``(A) such Secretary may deem the officer to have 
                not served satisfactorily in any grade equal to or 
                higher than such lower grade for purposes of determining 
                the retirement grade of the officer under this section; 
                and
                    ``(B) the grade next lower to such lower grade shall 
                be the retired grade of the officer under this section.
            ``(4) <<NOTE: Notification.>>  Nature of retirement of 
        certain reserve officers and officers in temporary grades.--A 
        reserve officer, or an officer appointed to a position under 
        section 601 of this title, who is notified that the officer will 
        be released from active duty without the officer's consent and 
        thereafter requests retirement under section 7311, 8323, or 9311 
        of this title and is retired pursuant to that request is 
        considered for purposes of this section to have been retired 
        involuntarily.
            ``(5) Nature of retirement of certain removed officers.--An 
        officer retired pursuant to section 1186(b)(1) of this title is 
        considered for purposes of this section to have been retired 
        voluntarily.

    ``(b) Retirement of Officers Retiring Voluntarily.--
            ``(1) <<NOTE: Time periods.>>  Service-in-grade 
        requirement.--In order to be eligible for voluntary retirement 
        under any provision of this title in a grade above the grade of 
        captain in the Army, Air Force, or Marine Corps, lieutenant in 
        the Navy, or the equivalent grade in the Space Force, a 
        commissioned officer of the Army, Navy, Air Force, Marine Corps, 
        or Space Force must have served on active duty in that grade for 
        a period of not less than three years, except that--
                    ``(A) subject to subsection (c), the Secretary of 
                Defense may reduce such period to a period of not less 
                than two years for any officer; and
                    ``(B) in the case of an officer to be retired in a 
                grade at or below the grade of major general in the 
                Army, Air Force, or Marine Corps, rear admiral in the 
                Navy, or an equivalent grade in the Space Force, the 
                Secretary of Defense may authorize the Secretary of the 
                military department concerned to reduce such period to a 
                period of not less than two years.
            ``(2) Limitation on delegation.--The authority of the 
        Secretary of Defense in subparagraph (A) of paragraph (1) may 
        not be delegated. The authority of the Secretary of a military 
        department in subparagraph (B) of paragraph (1), as delegated to 
        such Secretary pursuant to such subparagraph, may not be further 
        delegated.
            ``(3) <<NOTE: President.>>  Waiver of requirement.--Subject 
        to subsection (c), the President may waive the application of 
        the service-in-grade requirement in paragraph (1) to officers 
        covered by that paragraph in individual cases involving extreme 
        hardship or exceptional or unusual circumstances. The authority 
        of the President under this paragraph may not be delegated.
            ``(4) Limitation on reduction or waiver of requirement for 
        officers under investigation or pending misconduct.--In the case 
        of an officer to be retired in a grade

[[Page 134 STAT. 3576]]

        above the grade of colonel in the Army, Air Force, or Marine 
        Corps, captain in the Navy, or the equivalent grade in the Space 
        Force, the service-in-grade requirement in paragraph (1) may not 
        be reduced pursuant to that paragraph, or waived pursuant to 
        paragraph (3), while the officer is under investigation for 
        alleged misconduct or while there is pending the disposition of 
        an adverse personnel action against the officer.
            ``(5) Grade and fiscal year limitations on reduction or 
        waiver of requirements.--The aggregate number of members of an 
        armed force in a grade for whom reductions are made under 
        paragraph (1), and waivers are made under paragraph (3), in a 
        fiscal year may not exceed--
                    ``(A) in the case of officers to be retired in a 
                grade at or below the grade of major in the Army, Air 
                Force, or Marine Corps, lieutenant commander in the 
                Navy, or the equivalent grade in the Space Force, the 
                number equal to two percent of the authorized active-
                duty strength for that fiscal year for officers of that 
                armed force in that grade;
                    ``(B) in the case of officers to be retired in the 
                grade of lieutenant colonel or colonel in the Army, Air 
                Force, or Marine Corps, commander or captain in the 
                Navy, or an equivalent grade in the Space Force, the 
                number equal to four percent of the authorized active-
                duty strength for that fiscal year for officers of that 
                armed force in the applicable grade; or
                    ``(C) in the case of officers to be retired in the 
                grade of brigadier general or major general in the Army, 
                Air Force, or Marine Corps, rear admiral (lower half) or 
                rear admiral in the Navy, or an equivalent grade in the 
                Space Force, the number equal to 10 percent of the 
                authorized active-duty strength for that fiscal year for 
                officers of that armed force in the applicable grade.
            ``(6) <<NOTE: President. Deadline.>>  Notice to congress on 
        reduction or waiver of requirements for general, flag, and 
        equivalent officer grades.--In the case of an officer to be 
        retired in a grade that is a general or flag officer grade, or 
        an equivalent grade in the Space Force, who is eligible to 
        retire in that grade only by reason of an exercise of the 
        authority in paragraph (1) to reduce the service-in-grade 
        requirement in that paragraph, or the authority in paragraph (3) 
        to waive that requirement, the Secretary of Defense or the 
        President, as applicable, shall, not later than 60 days prior to 
        the date on which the officer will be retired in that grade, 
        notify the Committees on Armed Services of the Senate and the 
        House of Representatives of the exercise of the applicable 
        authority with respect to that officer.
            ``(7) <<NOTE: Determination.>>  Retirement in next lowest 
        grade for officers not meeting requirement.--An officer 
        described in paragraph (1) whose length of service in the 
        highest grade held by the officer while on active duty does not 
        meet the period of the service-in-grade requirement applicable 
        to the officer under this subsection shall, subject to 
        subsection (c), be retired in the next lower grade in which the 
        officer served on active duty satisfactorily, as determined by 
        the Secretary of the military department concerned or the 
        Secretary of Defense, as applicable.

[[Page 134 STAT. 3577]]

    ``(c) Officers in O-9 and O-10 Grades.--
            ``(1) <<NOTE: Certification.>>  In general.--An officer of 
        the Army, Navy, Air Force, Marine Corps, or Space Force who is 
        serving or has served in a position of importance and 
        responsibility designated by the President to carry the grade of 
        lieutenant general or general in the Army, Air Force, or Marine 
        Corps, vice admiral or admiral in the Navy, or an equivalent 
        grade in the Space Force under section 601 of this title may be 
        retired in such grade under subsection (a) only after the 
        Secretary of Defense certifies in writing to the President and 
        the Committees on Armed Services of the Senate and the House of 
        Representatives that the officer served on active duty 
        satisfactorily in such grade.
            ``(2) Prohibition on delegation.--The authority of the 
        Secretary of Defense to make a certification with respect to an 
        officer under paragraph (1) may not be delegated.
            ``(3) Requirements in connection with certification.--A 
        certification with respect to an officer under paragraph (1) 
        shall--
                    ``(A) <<NOTE: Deadline.>>  be submitted by the 
                Secretary of Defense such that it is received by the 
                President and the Committees on Armed Services of the 
                Senate and the House of Representatives not later than 
                60 days prior to the date on which the officer will be 
                retired in the grade concerned;
                    ``(B) <<NOTE: Records.>>  include an up-to-date copy 
                of the military biography of the officer; and
                    ``(C) include the statement of the Secretary as to 
                whether or not potentially adverse, adverse, or 
                reportable information regarding the officer was 
                considered by the Secretary in making the certification.
            ``(4) Construction with other notice.--In the case of an 
        officer under paragraph (1) to whom a reduction in the service-
        in-grade requirement under subsection (b)(1) or waiver under 
        subsection (b)(3) applies, the requirement for notification 
        under subsection (b)(6) is satisfied if the notification is 
        included in the certification submitted by the Secretary of 
        Defense under paragraph (1).

    ``(d) Conditional Retirement Grade and Retirement for Officers 
Pending Investigation or Adverse Action.--
            ``(1) In general.--When an officer serving in a grade at or 
        below the grade of major general in the Army, Air Force, or 
        Marine Corps, rear admiral in the Navy, or an equivalent grade 
        in the Space Force is under investigation for alleged misconduct 
        or pending the disposition of an adverse personnel action at the 
        time of retirement, the Secretary of the military department 
        concerned may--
                    ``(A) <<NOTE: Determination.>>  conditionally 
                determine the highest permanent grade of satisfactory 
                service on active duty of the officer pending completion 
                of the investigation or resolution of the personnel 
                action, as applicable; and
                    ``(B) retire the officer in that conditional grade, 
                subject to subsection (e).
            ``(2) Officers in o-9 and o-10 grades.--When an officer 
        described by subsection (c)(1) is under investigation for 
        alleged misconduct or pending the disposition of an adverse 
        personnel action at the time of retirement, the Secretary of 
        Defense may--

[[Page 134 STAT. 3578]]

                    ``(A) <<NOTE: Determination.>>  conditionally 
                determine the highest permanent grade of satisfactory 
                service on active duty of the officer, pending 
                completion of the investigation or personnel action, as 
                applicable; and
                    ``(B) retire the officer in that conditional grade, 
                subject to subsection (e).
            ``(3) Reduction or waiver of service-in-grade requirement 
        prohibited for general, flag, and equivalent officer grades.--In 
        conditionally determining the retirement grade of an officer 
        under paragraph (1)(A) or (2)(A) of this subsection to be a 
        grade above the grade of colonel in the Army, Air Force, or 
        Marine Corps, captain in the Navy, or the equivalent grade in 
        the Space Force, the service-in-grade requirement in subsection 
        (b)(1) may not be reduced pursuant to subsection (b)(1) or 
        waived pursuant to subsection (b)(3).
            ``(4) Prohibition on delegation.--The authority of the 
        Secretary of a military department under paragraph (1) may not 
        be delegated. The authority of the Secretary of Defense under 
        paragraph (2) may not be delegated.

    ``(e) Final Retirement Grade Following Resolution of Pending 
Investigation or Adverse Action.--
            ``(1) No change from conditional retirement grade.--If the 
        resolution of an investigation or personnel action with respect 
        to an officer who has been retired in a conditional retirement 
        grade pursuant to subsection (d) results in a determination that 
        the conditional retirement grade in which the officer was 
        retired will not be changed, the conditional retirement grade of 
        the officer shall, subject to paragraph (3), be the final 
        retired grade of the officer.
            ``(2) <<NOTE: Applicability.>>  Change from conditional 
        retirement grade.--If the resolution of an investigation or 
        personnel action with respect to an officer who has been retired 
        in a conditional retirement grade pursuant to subsection (d) 
        results in a determination that the conditional retirement grade 
        in which the officer was retired should be changed, the changed 
        retirement grade shall be the final retired grade of the officer 
        under this section, except that if the final retirement grade 
        provided for an officer pursuant to this paragraph is the grade 
        of lieutenant general or general in the Army, Air Force, or 
        Marine Corps, vice admiral or admiral in the Navy, or an 
        equivalent grade in the Space Force, the requirements in 
        subsection (c) shall apply in connection with the retirement of 
        the officer in such final retirement grade.
            ``(3) <<NOTE: Effective dates.>>  Recalculation of retired 
        pay.--
                    ``(A) In general.--If the final retired grade of an 
                officer is as a result of a change under paragraph (2), 
                the retired pay of the officer under chapter 71 of this 
                title shall be recalculated accordingly, with any 
                modification of the retired pay of the officer to go 
                into effect as of the date of the retirement of the 
                officer.
                    ``(B) Payment of higher amount for period of 
                conditional retirement grade.--If the recalculation of 
                the retired pay of an officer results in an increase in 
                retired pay, the officer shall be paid the amount by 
                which such increased retired pay exceeded the amount of 
                retired pay paid the officer for retirement in the 
                officer's conditional grade during the period beginning 
                on the date of

[[Page 134 STAT. 3579]]

                the retirement of the officer in such conditional grade 
                and ending on the effective date of the change of the 
                officer's retired grade. For an officer whose retired 
                grade is determined pursuant to subsection (c), the 
                effective date of the change of the officer's retired 
                grade for purposes of this subparagraph shall be the 
                date that is 60 days after the date on which the 
                Secretary of Defense submits to the Committees on Armed 
                Services of the Senate and the House of Representatives 
                the certification required by subsection (c) in 
                connection with the retired grade of the officer.
                    ``(C) Recoupment of overage during period of 
                conditional retirement grade.--If the recalculation of 
                the retired pay of an officer results in a decrease in 
                retired pay, there shall be recouped from the officer 
                the amount by which the amount of retired pay paid the 
                officer for retirement in the officer's conditional 
                grade exceeded such decreased retired pay during the 
                period beginning on the date of the retirement of the 
                officer in such conditional grade and ending on the 
                effective date of the change of the officer's retired 
                grade.

    ``(f) Finality of Retired Grade Determinations.--
            ``(1) In general.--Except for a conditional determination 
        authorized by subsection (d), a determination of the retired 
        grade of an officer pursuant to this section is administratively 
        final on the day the officer is retired, and may not be 
        reopened, except as provided in paragraph (2).
            ``(2) Reopening.--A final determination of the retired grade 
        of an officer may be reopened as follows:
                    ``(A) If the retirement or retired grade of the 
                officer was procured by fraud.
                    ``(B) If substantial evidence comes to light after 
                the retirement that could have led to determination of a 
                different retired grade under this section if known by 
                competent authority at the time of retirement.
                    ``(C) If a mistake of law or calculation was made in 
                the determination of the retired grade.
                    ``(D) <<NOTE: Regulations.>>  If the applicable 
                Secretary determines, pursuant to regulations prescribed 
                by the Secretary of Defense, that good cause exists to 
                reopen the determination of retired grade.
            ``(3) Applicable secretary.--For purposes of this 
        subsection, the applicable Secretary for purposes of a 
        determination or action specified in this subsection is--
                    ``(A) the Secretary of the military department 
                concerned, in the case of an officer retired in a grade 
                at or below the grade of major general in the Army, Air 
                Force, or Marine Corps, rear admiral in the Navy, or the 
                equivalent grade in the Space Force; or
                    ``(B) the Secretary of Defense, in the case of an 
                officer retired in a grade of lieutenant general or 
                general in the Army, Air Force, or Marine Corps, vice 
                admiral or admiral in the Navy, or an equivalent grade 
                in the Space Force.
            ``(4) Notice and limitation.--If a final determination of 
        the retired grade of an officer is reopened in accordance with 
        paragraph (2), the applicable Secretary--
                    ``(A) shall notify the officer of the reopening; and

[[Page 134 STAT. 3580]]

                    ``(B) may not make an adverse determination on the 
                retired grade of the officer until the officer has had a 
                reasonable opportunity to respond regarding the basis 
                for the reopening of the officer's retired grade.
            ``(5) Additional notice on reopening for officers retired in 
        o-9 and o-10 grades.--If the determination of the retired grade 
        of an officer whose retired grade was provided for pursuant to 
        subsection (c) is reopened, the Secretary of Defense shall also 
        notify the President and the Committees on Armed Services of the 
        Senate and the House of Representatives.
            ``(6) Manner of making of change.--If the retired grade of 
        an officer is proposed to be changed through the reopening of 
        the final determination of an officer's retired grade under this 
        subsection, the change in grade shall be made--
                    ``(A) in the case of an officer whose retired grade 
                is to be changed to a grade at or below the grade of 
                major general in the Army, Air Force or Marine Corps, 
                rear admiral in the Navy, or the equivalent grade in the 
                Space Force, in accordance with subsections (a) and 
                (b)--
                          ``(i) by the Secretary of Defense (who may 
                      delegate such authority only as authorized by 
                      clause (ii)); or
                          ``(ii) if authorized by the Secretary of 
                      Defense, by the Secretary of the military 
                      department concerned (who may not further delegate 
                      such authority);
                    ``(B) <<NOTE: President.>>  in the case of an 
                officer whose retired grade is to be changed to the 
                grade of lieutenant general or general in the Army, Air 
                Force, or Marine Corps, vice admiral or admiral in the 
                Navy, or an equivalent grade in the Space Force, by the 
                President, by and with the advice and consent of the 
                Senate.
            ``(7) Recalculation of retired pay.--If the final retired 
        grade of an officer is changed through the reopening of the 
        officer's retired grade under this subsection, the retired pay 
        of the officer under chapter 71 of this title shall be 
        recalculated. Any modification <<NOTE: Effective date.>>  of the 
        retired pay of the officer as a result of the change shall go 
        into effect on the effective date of the change of the officer's 
        retired grade, and the officer shall not be entitled or subject 
        to any changed amount of retired pay for any period before such 
        effective date. An officer whose retired grade is changed as 
        provided in paragraph (6)(B) shall not be entitled or subject to 
        a change in retired pay for any period before the date on which 
        the Senate provides advice and consent for the retirement of the 
        officer in such grade.

    ``(g) Highest Permanent Grade Defined.--In this section, the term 
`highest permanent grade' means a grade at or below the grade of major 
general in the Army, Air Force, or Marine Corps, rear admiral in the 
Navy, or an equivalent grade in the Space Force.
``Sec. 1370a. <<NOTE: 10 USC 1370a.>>  Officers entitled to 
                    retired pay for non-regular service

    ``(a) <<NOTE: Determination.>>  Retirement in Highest Grade Held 
Satisfactorily.--Unless entitled to a different grade, or to credit for 
satisfactory service in a different grade under some other provision of 
law, a person who is entitled to retired pay under chapter 1223 of this 
title shall, upon application under section 12731 of this title,

[[Page 134 STAT. 3581]]

be credited with satisfactory service in the highest permanent grade in 
which that person served satisfactorily at any time in the armed forces, 
as determined by the Secretary of the military department concerned in 
accordance with this section.

    ``(b) <<NOTE: Determination.>>  Service-in-grade Requirement for 
Officers in Grades Below O-5.--In order to be credited with satisfactory 
service in an officer grade (other than a warrant officer grade) below 
the grade of lieutenant colonel or commander (in the case of the Navy), 
a person covered by subsection (a) must have served satisfactorily in 
that grade (as determined by the Secretary of the military department 
concerned) as a reserve commissioned officer in an active status, or in 
a retired status on active duty, for not less than six months.

    ``(c) <<NOTE: Time periods.>>  Service-in-grade Requirement for 
Offices in Grades Above O-4.--
            ``(1) <<NOTE: Determination.>>  In general.--In order to be 
        credited with satisfactory service in an officer grade above 
        major or lieutenant commander (in the case of the Navy), a 
        person covered by subsection (a) must have served satisfactorily 
        in that grade (as determined by the Secretary of the military 
        department concerned) as a reserve commissioned officer in an 
        active status, or in a retired status on active duty, for not 
        less than three years.
            ``(2) Satisfaction of requirement by certain officers not 
        completing three years.--A person covered by paragraph (1) who 
        has completed at least six months of satisfactory service in 
        grade may be credited with satisfactory service in the grade in 
        which serving at the time of transfer or discharge, 
        notwithstanding failure of the person to complete three years of 
        service in that grade, if the person is transferred from an 
        active status or discharged as a reserve commissioned officer--
                    ``(A) solely due to the requirements of a 
                nondiscretionary provision of law requiring that 
                transfer or discharge due to the person's age or years 
                of service; or
                    ``(B) because the person no longer meets the 
                qualifications for membership in the Ready Reserve 
                solely because of a physical disability, as determined 
                in accordance with chapter 61 of this title, and at the 
                time of such transfer or discharge the person (pursuant 
                to section 12731b of this title or otherwise) meets the 
                service requirements established by section 12731(a) of 
                this title for eligibility for retired pay under chapter 
                1223 of this title, unless the disability is described 
                in section 12731b of this title.
            ``(3) Reduction in service-in-grade requirements.--
                    ``(A) Officers in grades below general and flag 
                officer grades.--In the case of a person to be retired 
                in a grade below brigadier general or rear admiral 
                (lower half) in the Navy, the Secretary of Defense may 
                authorize the Secretary of a military department to 
                reduce, subject to subparagraph (B), the three-year 
                period of service-in-grade required by paragraph (1) to 
                a period not less than two years. The authority of the 
                Secretary of a military department under this 
                subparagraph may not be delegated.
                    ``(B) Limitation.--The number of reserve 
                commissioned officers of an armed force in the same 
                grade for whom a reduction is made under subparagraph 
                (A) during any fiscal year in the period of service-in-
                grade otherwise required by paragraph (1) may not exceed 
                the number

[[Page 134 STAT. 3582]]

                equal to 2 percent of the strength authorized for that 
                fiscal year for reserve commissioned officers of that 
                armed force in an active status in that grade.
                    ``(C) Officers in general and flag officers 
                grades.--The Secretary of Defense may reduce the three-
                year period of service-in-grade required by paragraph 
                (1) to a period not less than two years for any person, 
                including a person who, upon transfer to the Retired 
                Reserve or discharge, is to be credited with 
                satisfactory service in a general or flag officer grade 
                under that paragraph. The authority of the Secretary of 
                Defense under this subparagraph may not be delegated.
                    ``(D) <<NOTE: Deadline.>>  Notice to congress on 
                reduction in service-in-grade requirements for general 
                and flag officer grades.--In the case of a person to be 
                credited under this section with satisfactory service in 
                a grade that is a general or flag officer grade who is 
                eligible to be credited with such service in that grade 
                only by reason of an exercise of authority in 
                subparagraph (C) to reduce the three-year service-in-
                grade requirement otherwise applicable under paragraph 
                (1), the Secretary of Defense shall, not later than 60 
                days prior to the date on which the person will be 
                credited with such satisfactory service in that grade, 
                notify the Committees on Armed Services of the Senate 
                and the House of Representatives of the exercise of 
                authority in subparagraph (C) with respect to that 
                person.
            ``(4) Officers serving in grades above o-6 involuntarily 
        transferred from active status.--A person covered by paragraph 
        (1) who has completed at least six months of satisfactory 
        service in a grade above colonel or (in the case of the Navy) 
        captain and, while serving in an active status in such grade, is 
        involuntarily transferred (other than for cause) from active 
        status may be credited with satisfactory service in the grade in 
        which serving at the time of such transfer, notwithstanding 
        failure of the person to complete three years of service in that 
        grade.
            ``(5) Adjutants and assistant adjutants general.--If a 
        person covered by paragraph (1) has completed at least six 
        months of satisfactory service in grade, the person was serving 
        in that grade while serving in a position of adjutant general 
        required under section 314 of title 32 or while serving in a 
        position of assistant adjutant general subordinate to such a 
        position of adjutant general, and the person has failed to 
        complete three years of service in that grade solely because the 
        person's appointment to such position has been terminated or 
        vacated as described in section 324(b) of such title, the person 
        may be credited with satisfactory service in that grade, 
        notwithstanding the failure of the person to complete three 
        years of service in that grade.
            ``(6) Officers recommended for promotion serving in certain 
        grade before promotion.--To the extent authorized by the 
        Secretary of the military department concerned, a person who, 
        after having been recommended for promotion in a report of a 
        promotion board but before being promoted to the recommended 
        grade, served in a position for which that grade is the minimum 
        authorized grade may be credited for purposes of paragraph (1) 
        as having served in that grade for the period

[[Page 134 STAT. 3583]]

        for which the person served in that position while in the next 
        lower grade. The period credited may not include any period 
        before the date on which the Senate provides advice and consent 
        for the appointment of that person in the recommended grade.
            ``(7) Officers qualified for federal recognition serving in 
        certain grade before appointment.--To the extent authorized by 
        the Secretary of the military department concerned, a person 
        who, after having been found qualified for Federal recognition 
        in a higher grade by a board under section 307 of title 32, 
        serves in a position for which that grade is the minimum 
        authorized grade and is appointed as a reserve officer in that 
        grade may be credited for the purposes of paragraph (1) as 
        having served in that grade. The period of the service for which 
        credit is afforded under the preceding sentence may be only the 
        period for which the person served in the position after the 
        Senate provides advice and consent for the appointment.
            ``(8) <<NOTE: Determination.>>  Retirement in next lowest 
        grade for officers not meeting service-in-grade requirements.--A 
        person whose length of service in the highest grade held does 
        not meet the service-in-grade requirements specified in this 
        subsection shall be credited with satisfactory service in the 
        next lower grade in which that person served satisfactorily (as 
        determined by the Secretary of the military department 
        concerned) for not less than six months.

    ``(d) Officers in O-9 and O-10 Grades.--
            ``(1) <<NOTE: Certification.>>  In general.--A person 
        covered by this section in the Army, Navy, Air Force, or Marine 
        Corps who is serving or has served in a position of importance 
        and responsibility designated by the President to carry the 
        grade of lieutenant general or general in the Army, Air Force, 
        or Marine Corps, or vice admiral or admiral in the Navy under 
        section 601 of this title may be retired in such grade under 
        subsection (a) only after the Secretary of Defense certifies in 
        writing to the President and the Committees on Armed Services of 
        the Senate and the House of Representatives that the officer 
        served satisfactorily in such grade.
            ``(2) Prohibition on delegation.--The authority of the 
        Secretary of Defense to make a certification with respect to an 
        officer under paragraph (1) may not be delegated.
            ``(3) Requirements in connection with certification.--A 
        certification with respect to an officer under paragraph (1) 
        shall--
                    ``(A) <<NOTE: Deadline.>>  be submitted by the 
                Secretary of Defense such that it is received by the 
                President and the Committees on Armed Services of the 
                Senate and the House of Representatives not later than 
                60 days prior to the date on which the officer will be 
                retired in the grade concerned;
                    ``(B) <<NOTE: Records.>>  include an up-to-date copy 
                of the military biography of the officer; and
                    ``(C) include the statement of the Secretary as to 
                whether or not potentially adverse, adverse, or 
                reportable information regarding the officer was 
                considered by the Secretary in making the certification.
            ``(4) Construction with other notice.--In the case of an 
        officer under paragraph (1) who is eligible to be credited with 
        service in a grade only by reason of the exercise of the

[[Page 134 STAT. 3584]]

        authority in subsection (c)(3)(C) to reduce the three-year 
        service-in-grade requirement under subsection (c)(1), the 
        requirement for notification under subsection (c)(3)(D) is 
        satisfied if the notification is included in the certification 
        submitted by the Secretary of Defense under paragraph (1).

    ``(e) Conditional Retirement Grade and Retirement for Officers Under 
Investigation for Misconduct or Pending Adverse Personnel Action.--The 
retirement grade, and retirement, of a person covered by this section 
who is under investigation for alleged misconduct or pending the 
disposition of an adverse personnel action at the time of retirement is 
as provided for by section 1370(d) of this title. In the application of 
such section 1370(d) for purposes of this subsection, any reference 
`active duty' shall be deemed not to apply, and any reference to a 
provision of section 1370 of this title shall be deemed to be a 
reference to the analogous provision of this section.
    ``(f) Final Retirement Grade Following Resolution of Pending 
Investigation or Adverse Action.--The final retirement grade under this 
section of a person described in subsection (e) following resolution of 
the investigation or personnel action concerned is the final retirement 
grade provided for by section 1370(e) of this title. In the application 
of such section 1370(e) for purposes of this subsection, any reference 
to a provision of section 1370 of this title shall be deemed to be a 
reference to the analogous provision of this section. In the application 
of paragraph (3) of such section 1370e(e) for purposes of this 
subsection, the reference to `chapter 71' of this title shall be deemed 
to be a reference to `chapter 1223 of this title'.
    ``(g) Finality of Retired Grade Determinations.--
            ``(1) In general.--Except for a conditional determination 
        authorized by subsection (e), a determination of the retired 
        grade of a person pursuant to this section is administratively 
        final on the day the person is retired, and may not be reopened.
            ``(2) Reopening.--A determination of the retired grade of a 
        person may be reopened in accordance with applicable provisions 
        of section 1370(f) of this title. In the application of such 
        section 1370(f) for purposes of this subsection, any reference 
        to a provision of section 1370 of this title shall be deemed to 
        be a reference to the analogous provision of this section. In 
        the application of paragraph (7) of such section 1370(f) for 
        purposes of this paragraph, the reference to `chapter 71 of this 
        title' shall be deemed to be a reference to `chapter 1223 of 
        this title'.

    ``(h) Highest Permanent Grade Defined.--In this section, the term 
`highest permanent grade' means a grade at or below the grade of major 
general in the Army, Air Force, or Marine Corps or rear admiral in the 
Navy.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 69 of title 10, United States 
        Code, <<NOTE: 10 USC 1370 prec.>>  is amended by striking the 
        item relating to section 1370 and inserting the following new 
        items:

``1370. Regular commissioned officers.
``1370a. Officers entitled to retired pay for non-regular service.''.

    (b) Conforming and Technical Amendments to Retired Grade Rules for 
the Armed Forces.--
            (1) Retired pay.--Title 10, United States Code, is amended 
        as follows:

[[Page 134 STAT. 3585]]

                    (A) In section 1406(b)(2), by striking ``section 
                1370(d)'' and inserting ``section 1370a''.
                    (B) In section 1407(f)(2)(B), by striking ``by 
                reason of denial of a determination or certification 
                under section 1370'' and inserting ``pursuant to section 
                1370 or 1370a''.
            (2) Army.--Section 7341 of such title is amended--
                    (A) by striking subsection (a) and inserting the 
                following new subsection (a):

    ``(a)(1) The retired grade of a regular commissioned officer of the 
Army who retires other than for physical disability is determined under 
section 1370 of this title.
    ``(2) The retired grade of a reserve commissioned officer of the 
Army who retires other than for physical disability is determined under 
section 1370a of this title.''; and
                    (B) in subsection (b)--
                          (i) by striking ``he'' and inserting ``the 
                      member''; and
                          (ii) by striking ``his'' and inserting ``the 
                      member's''.
            (3) Navy and marine corps.--Such title is further amended as 
        follows:
                    (A) In section 8262(a), by striking ``sections 689 
                and 1370'' and inserting ``section 689, and section 1370 
                or 1370a (as applicable),''.
                    (B) In section 8323(c), by striking ``section 1370 
                of this title'' and inserting ``section 1370 or 1370a of 
                this title, as applicable''.
            (4) Air force and space force.--Section 9341 of such title 
        is amended--
                    (A) by striking subsection (a) and inserting the 
                following new subsection (a):

    ``(a)(1) The retired grade of a regular commissioned officer of the 
Air Force or the Space Force who retires other than for physical 
disability is determined under section 1370 of this title.
    ``(2) The retired grade of a reserve commissioned officer of the Air 
Force or the Space Force who retires other than for physical disability 
is determined under section 1370a of this title.''; and
                    (B) in subsection (b)--
                          (i) by inserting ``or a Regular or Reserve of 
                      the Space Force'' after ``Air Force'';
                          (ii) by striking ``he'' and inserting ``the 
                      member''; and
                          (iii) by striking ``his'' and inserting ``the 
                      member's''.
            (5) Reserve officers.--Section 12771 of such title is 
        amended--
                    (A) in subsection (a), by striking ``section 
                1370(d)'' and inserting ``section 1370a of this title''; 
                and
                    (B) in subsection (b)(1), by striking ``section 
                1370(d)'' and inserting ``section 1370a''.

    (c) <<NOTE: 10 USC 1370 note.>>  Other References.--In the 
determination of the retired grade of a commissioned officer of the 
Armed Forces entitled to retired pay under chapter 1223 of title 10, 
United States Code, who retires after the date of the enactment of this 
Act, any reference in a provision of law or regulation to section 1370 
of title 10, United States Code, in such determination with respect to 
such officer shall be deemed to be a reference to section 1370a of title 
10, United States Code (as amended by subsection (a)).

[[Page 134 STAT. 3586]]

SEC. 509. REPEAL OF AUTHORITY FOR ORIGINAL APPOINTMENT OF REGULAR 
                        NAVY OFFICERS DESIGNATED FOR ENGINEERING 
                        DUTY, AERONAUTICAL ENGINEERING DUTY, AND 
                        SPECIAL DUTY.

    (a) Repeal.--Section 8137 of title 10, United States Code, is 
repealed.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 815 of such title <<NOTE: 10 USC 8132 prec.>>  is amended by 
striking the item relating to section 8137.
SEC. 509A. PERMANENT PROGRAMS ON DIRECT COMMISSIONS TO CYBER 
                          POSITIONS.

    (a) Permanent Programs.--Section 509 of the National Defense 
Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 
2109; 10 U.S.C. 503 note) is amended--
            (1) in the subsection heading of subsection (a), by striking 
        ``Pilot'';
            (2) by striking ``pilot'' each place it appears; and
            (3) by striking subsections (d) and (e).

    (b) Heading Amendment.--The heading of such section is amended to 
read as follows:
``SEC. 509. PROGRAMS ON DIRECT COMMISSIONS TO CYBER POSITIONS.''.
SEC. 509B. REVIEW OF SEAMAN TO ADMIRAL-21 PROGRAM.

    (a) Review.--
            (1) In general.--The Secretary of the Navy shall review the 
        policies and procedures for the Seaman to Admiral-21 program in 
        effect during fiscal years 2010 through 2014.
            (2) <<NOTE: Determinations.>>  Elements.--The elements of 
        the review shall include the following:
                    (A) <<NOTE: Time period.>>  A determination whether 
                officer candidates selected for the Seaman to Admiral-21 
                program after October 28, 2009, and before 30 September 
                2014, were notified or otherwise informed that they 
                would not receive retirement credit for the months of 
                active service used in pursuit of a baccalaureate-level 
                degree under the program following completion of the 
                program and upon appointment to the grade of ensign in 
                the Navy.
                    (B) An explanation of how and when the Navy 
                implemented the requirements of former section 6328(c) 
                of title 10, United States Code (currently section 
                8328(c) of that title) for Seaman to Admiral-21 
                participants.
                    (C) The number of personnel who were selected for 
                the Seaman to Admiral-21 program, completed a 
                baccalaureate-level degree, and were appointed as an 
                ensign in the Navy under the program from fiscal years 
                2010 through 2014.
                    (D) A determination whether the personnel described 
                in subparagraph (C) should be eligible for retirement 
                credit for the months of active service spent in pursuit 
                of a baccalaureate-level degree.

    (b) Report.--The Secretary shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report on the 
results of the review under subsection (a).

[[Page 134 STAT. 3587]]

    (c) Deadline.--The Secretary of the Navy shall carry out this 
section by not later than 180 days after the date of the enactment of 
this Act.

                Subtitle B--Reserve Component Management

SEC. 511. TEMPORARY AUTHORITY TO ORDER RETIRED MEMBERS TO ACTIVE 
                        DUTY IN HIGH-DEMAND, LOW-DENSITY 
                        ASSIGNMENTS DURING WAR OR NATIONAL 
                        EMERGENCY.

    Section 688a of title 10, United States Code, is amended--
            (1) by redesignating subsection (g) as subsection (h); and
            (2) by inserting after subsection (f) the following new 
        subsection (g):

    ``(g) Exceptions During Periods of War or National Emergency.--The 
limitations in subsections (c) and (f) shall not apply during a time of 
war or of national emergency declared by Congress or the President.''.
SEC. 512. EXPANSION OF JUNIOR RESERVE OFFICERS' TRAINING CORPS 
                        PROGRAM.

    Section 2031(a)(2) of title 10, United States Code, is amended by 
inserting after ``service to the United States'' the following: 
``(including an introduction to service opportunities in military, 
national, and public service)''.
SEC. 513. GRANTS TO SUPPORT STEM EDUCATION IN THE JUNIOR RESERVE 
                        OFFICERS' TRAINING CORPS.

    (a) Program Authority.--
            (1) In general.--Chapter 102 of title 10, United States 
        Code, is amended by adding at the end the following new section:
``Sec. 2036. <<NOTE: 10 USC 2036.>>  Grants to support science, 
                  technology, engineering, and mathematics 
                  education

    ``(a) <<NOTE: Consultation.>>  Authority.--The Secretary, in 
consultation with the Secretary of Education, may carry out a program to 
make grants to eligible entities to assist such entities in providing 
education in covered subjects to students in the Junior Reserve 
Officers' Training Corps.

    ``(b) Coordination.--In carrying out a program under subsection (a), 
the Secretary may coordinate with the following:
            ``(1) The Director of the National Science Foundation.
            ``(2) The Administrator of the National Aeronautics and 
        Space Administration.
            ``(3) <<NOTE: Determination.>>  The heads of such other 
        Federal, State, and local government entities the Secretary of 
        Defense determines to be appropriate.

    ``(c) Activities.--Activities funded with grants under this section 
may include the following:
            ``(1) Training and other support for instructors to teach 
        courses in covered subjects to students.
            ``(2) The acquisition of materials, hardware, and software 
        necessary for the instruction of covered subjects.

[[Page 134 STAT. 3588]]

            ``(3) Activities that improve the quality of educational 
        materials, training opportunities, and curricula available to 
        students and instructors in covered subjects.
            ``(4) Development of travel opportunities, demonstrations, 
        mentoring programs, and informal education in covered subjects 
        for students and instructors.
            ``(5) Students' pursuit of certifications in covered 
        subjects.

    ``(d) Preference.--In making any grants under this section, the 
Secretary shall give preference to eligible entities that are eligible 
for assistance under part A of title I of the Elementary and Secondary 
Education Act of 1965 (20 U.S.C. 6311 et seq.).
    ``(e) Evaluations.--In carrying out a program under this section, 
the Secretary shall establish outcome-based metrics and internal and 
external assessments to evaluate the merits and benefits of the 
activities funded with grants under this section with respect to the 
needs of the Department of Defense.
    ``(f) Authorities.--In carrying out a program under this section, 
the Secretary shall, to the extent practicable, make use of the 
authorities under chapter 111 and sections 2601 and 2605 of this title, 
and other authorities the Secretary determines appropriate.
    ``(g) Definitions.--In this section:
            ``(1) The term `eligible entity' means a local education 
        agency that hosts a unit of the Junior Reserve Officers' 
        Training Corps.
            ``(2) The term `covered subjects' means--
                    ``(A) science;
                    ``(B) technology;
                    ``(C) engineering;
                    ``(D) mathematics;
                    ``(E) computer science;
                    ``(F) computational thinking;
                    ``(G) artificial intelligence;
                    ``(H) machine learning;
                    ``(I) data science;
                    ``(J) cybersecurity;
                    ``(K) robotics;
                    ``(L) health sciences; and
                    ``(M) other subjects determined by the Secretary of 
                Defense to be related to science, technology, 
                engineering, and mathematics.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 102 of such title <<NOTE: 10 USC 2031 
        prec.>>  is amended by adding at the end the following new item:

``2036. Grants to support science, technology, engineering, and 
           mathematics education.''.

    (b) Report.--Not later than two years after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and House of Representatives 
a report on any activities carried out under section 2036 of title 10, 
United States Code (as added by subsection (a)).
SEC. 514. PERMANENT SUICIDE PREVENTION AND RESILIENCE PROGRAM FOR 
                        THE RESERVE COMPONENTS.

    Section 10219 of title 10, United States Code, is amended by 
striking subsection (h).

[[Page 134 STAT. 3589]]

SEC. 515. MODIFICATION OF EDUCATION LOAN REPAYMENT PROGRAM FOR 
                        MEMBERS OF SELECTED RESERVE.

    (a) Modification of Maximum Repayment Amount.--Section 16301(b) of 
title 10, United States Code, is amended by striking ``$500'' and 
inserting ``$1,000''.
    (b) <<NOTE: 10 USC 16301 note.>>  Effective Date and 
Applicability.--The amendment made by subsection (a) shall take effect 
on the date of the enactment of this Act and shall apply with respect to 
loan repayment under section 16301 of title 10, United States Code, for 
eligible years of service completed on or after the date of the 
enactment of this Act.
SEC. 516. INCLUSION OF DRILL OR TRAINING FOREGONE DUE TO EMERGENCY 
                        TRAVEL OR DUTY RESTRICTIONS IN 
                        COMPUTATIONS OF ENTITLEMENT TO AND AMOUNTS 
                        OF RETIRED PAY FOR NON-REGULAR SERVICE.

    (a) Entitlement to Retired Pay.--Section 12732(a)(2) of title 10, 
United States Code, is amended--
            (1) by inserting after subparagraph (E) the following new 
        subparagraph:
                    ``(F)(i) <<NOTE: Regulations.>>  Subject to 
                regulations prescribed by the Secretary of Defense or 
                the Secretary of Homeland Security with respect to 
                matters concerning the Coast Guard when it is not 
                operating as a service in the Department of the Navy, 
                one point for each day of active service or one point 
                for each drill or period of equivalent instruction that 
                was prescribed by the Secretary concerned to be 
                performed during the covered emergency period, if such 
                person was prevented from performing such duty due to 
                travel or duty restrictions imposed by the President, 
                the Secretary of Defense, or the Secretary of Homeland 
                Security with respect to the Coast Guard.
                    ``(ii) <<NOTE: Time period.>>  A person may not be 
                credited more than 35 points in a one-year period under 
                this subparagraph.
                    ``(iii) <<NOTE: Definition.>>  In this subparagraph, 
                the term `covered emergency period' means the period 
                beginning on March 1, 2020, and ending on the day that 
                is 60 days after the date on which the travel or duty 
                restriction applicable to the person concerned is 
                lifted.''; and
            (2) in the matter following subparagraph (F), as inserted by 
        paragraph (1), by striking ``and (E)'' and inserting ``(E), and 
        (F)''.

    (b) Amount of Retired Pay.--Section 12733(3) of such title is 
amended in the matter preceding subparagraph (A), by striking ``or (D)'' 
and inserting ``(D), or (F)''.
    (c) Reporting.--
            (1) Report required.--Not later than one year after the date 
        on which the covered emergency period, as defined in 
        subparagraph (F) of section 12732(a)(2) of such title, as added 
        by subsection (a), ends, the Secretary of Defense shall submit 
        to the congressional defense committees a report on the use of 
        the authority under such subparagraph.
            (2) Elements.--The report under this subsection shall 
        include, with respect to each reserve component, the following:
                    (A) The number of individuals granted credit as a 
                result of a training cancellation.

[[Page 134 STAT. 3590]]

                    (B) The number of individuals granted credit as a 
                result of another extenuating circumstance.
            (3) <<NOTE: Deadline.>>  Publication.--Not later than 30 
        days after submitting the report under paragraph (1), the 
        Secretary shall--
                    (A) <<NOTE: Public information. Web posting.>>  
                publish the report on a publicly accessible website of 
                the Department of Defense; and
                    (B) <<NOTE: Data.>>  ensure that any data in the 
                report is made available in a machine-readable format 
                that is downloadable, searchable, and sortable.
SEC. 517. <<NOTE: 10 USC 12301 note.>>  QUARANTINE LODGING FOR 
                        MEMBERS OF THE RESERVE COMPONENTS WHO 
                        PERFORM CERTAIN SERVICE IN RESPONSE TO THE 
                        COVID-19 EMERGENCY.

    (a) <<NOTE: Time period.>>  In General.--The Secretary of Defense 
may provide, to a member of the reserve components of the Armed Forces 
who performs a period of covered service, housing for not fewer than 14 
days immediately after the end of such period of covered service.

    (b) Definitions.--In this section:
            (1) The term ``active service'' has the meaning given that 
        term in section 101 of title 10, United States Code.
            (2) The term ``covered service'' means active service 
        performed in response to the covered national emergency.
            (3) The term ``covered national emergency'' means the 
        national emergency declared on March 13, 2020, by the President 
        under the National Emergencies Act (50 U.S.C. 1601 et seq.) with 
        respect to COVID-19.
SEC. 518. <<NOTE: 10 USC 10101 note.>>  DIRECT EMPLOYMENT PILOT 
                        PROGRAM FOR CERTAIN MEMBERS OF THE RESERVE 
                        COMPONENTS.

    (a) In General.--The Secretary of Defense may carry out a pilot 
program to enhance the efforts of the Department of Defense to provide 
job placement assistance and related employment services directly to 
members of the National Guard and Reserves in reserve active-status.
    (b) Administration.--Any such pilot program shall be offered to, and 
administered by, the adjutants general appointed under section 314 of 
title 32, United States Code, or other officials in the States concerned 
designated by the Secretary for purposes of the pilot program.
    (c) Cost-Sharing Requirement.--As a condition on the provision of 
funds under this section to a State to support the operation of the 
pilot program in that State, the State must agree to contribute funds, 
derived from non-Federal sources, in an amount equal to at least 50 
percent of the funds necessary for the operation of the pilot program in 
that State.
    (d) Development.--In developing any such pilot program, the 
Secretary shall--
            (1) incorporate elements of State direct employment programs 
        for members of the reserve components; and
            (2) use resources provided to members of the Armed Forces 
        with civilian training opportunities through the SkillBridge 
        transition training program administered by the Department of 
        Defense.

    (e) Direct Employment Program Model.--Any such pilot program shall 
use a job placement program model that focuses on working one-on-one 
with eligible members to cost-effectively provide job placement 
services, including--
            (1) identifying unemployed and underemployed individuals;

[[Page 134 STAT. 3591]]

            (2) job matching services;
            (3) resume editing;
            (4) interview preparation; and
            (5) post-employment follow up.

    (f) Evaluation.--The Secretary shall develop outcome metrics to 
evaluate the success of any such pilot program.
    (g) Reporting.--
            (1) Report required.--If the Secretary carries out the pilot 
        Program, the Secretary of Defense shall submit to the 
        congressional defense committees a report describing the results 
        of the pilot program not later than March 1, 
        2022. <<NOTE: Coordination.>>  The Secretary shall prepare the 
        report in coordination with the Chief of the National Guard 
        Bureau.
            (2) <<NOTE: Assessments.>>  Elements.--A report under 
        paragraph (1) shall include the following:
                    (A) A description and assessment of the 
                effectiveness and achievements of the pilot program, 
                including the number of members of the reserve 
                components of the Armed Forces hired and the cost-per-
                placement of participating members.
                    (B) An assessment of the effects of the pilot 
                program and increased reserve component employment on 
                the readiness of members of the reserve components and 
                on the retention of members.
                    (C) A comparison of the pilot program to other 
                programs conducted by the Department of Defense to 
                provide unemployment or underemployment support to 
                members of the reserve components of the Armed Forces, 
                including the best practices developed through and used 
                in such programs.
                    (D) Any other matters the Secretary of Defense 
                determines appropriate.

    (h) Duration; Extension.--
            (1) Subject to paragraph (2), the authority to carry out the 
        pilot program expires on September 30, 2024.
            (2) The Secretary may elect to extend the pilot program for 
        not more than two additional fiscal years.
SEC. 519. <<NOTE: 10 USC 2101 note.>>  PILOT PROGRAMS AUTHORIZED 
                        IN CONNECTION WITH SROTC UNITS AND CSPI 
                        PROGRAMS AT HISTORICALLY BLACK COLLEGES 
                        AND UNIVERSITIES AND MINORITY 
                        INSTITUTIONS.

    (a) <<NOTE: Assessments.>>  Pilot Programs Required.--The Secretary 
of Defense may carry out two pilot programs as follows:
            (1) A pilot program, with elements as provided for in 
        subsection (c), at covered institutions in order to assess the 
        feasibility and advisability of mechanisms to reduce barriers to 
        participation in the Senior Reserve Officers' Training Corps at 
        such institutions by creating partnerships between satellite or 
        extension Senior Reserve Officers' Training Corps units at such 
        institutions and covered military installations.
            (2) <<NOTE: Consultation.>>  In consultation with the 
        Secretary of Homeland Security, a pilot program, with elements 
        as provided for in subsection (d), in order to assess the 
        feasibility and advisability of the provision of financial 
        assistance to members of the Senior Reserve Officers' Training 
        Corps, and members of the Coast

[[Page 134 STAT. 3592]]

        Guard College Student Pre-Commissioning Initiative, at covered 
        institutions for participation in flight training.

    (b) Duration.--The duration of each pilot program under subsection 
(a) may not exceed 5 years.
    (c) Pilot Program on Partnerships Between Satellite or Extension 
SROTC Units and Covered Military Installations.--
            (1) Participating institutions.--The Secretary of Defense 
        shall carry out the pilot program required by subsection (a)(1) 
        at not fewer than five covered institutions selected by the 
        Secretary for purposes of the pilot program.
            (2) Requirements for selection.--Each covered institution 
        selected by the Secretary for purposes of the pilot program 
        under subsection (a)(1) shall--
                    (A) currently maintain a satellite or extension 
                Senior Reserve Officers' Training Corps unit under 
                chapter 103 of title 10, United States Code, that is 
                located more than 20 miles from the host unit of such 
                unit; or
                    (B) establish and maintain a satellite or extension 
                Senior Reserve Officers' Training Corps unit that meets 
                the requirements in subparagraph (A).
            (3) Preference in selection of institutions.--In selecting 
        covered institutions under this subsection for participation in 
        the pilot program under subsection (a)(1), the Secretary shall 
        give preference to covered institutions that are located within 
        20 miles of a covered military installation of the same Armed 
        Force as the host unit of the Senior Reserve Officers' Training 
        Corps of the covered institution concerned.
            (4) Partnership activities.--The activities conducted under 
        the pilot program under subsection (a)(1) between a satellite or 
        extension Senior Reserve Officers' Training Corps unit and the 
        covered military installation concerned shall include such 
        activities designed to reduce barriers to participation in the 
        Senior Reserve Officers' Training Corps at the covered 
        institution concerned as the Secretary considers appropriate, 
        including measures to mitigate travel time and expenses in 
        connection with receipt of Senior Reserve Officers' Training 
        Corps instruction.

    (d) Pilot Program on Financial Assistance for SROTC and CSPI Members 
for Flight Training.--
            (1) <<NOTE: Requirements.>>  Eligibility for participation 
        by srotc and cspi members.--A member of a Senior Reserve 
        Officers' Training Corps unit, or a member of a Coast Guard 
        College Student Pre-Commissioning Initiative program, at a 
        covered institution may participate in the pilot program under 
        subsection (a)(2) if the member meets such academic requirements 
        at the covered institution, and such other requirements, as the 
        Secretary concerned shall establish for purposes of the pilot 
        program.
            (2) Preference in selection of participants.--In selecting 
        members under this subsection for participation in the pilot 
        program under subsection (a)(2), the Secretary concerned shall 
        give a preference to members who will pursue flight training 
        under the pilot program at a covered institution.
            (3) Financial assistance for flight training.--
                    (A) In general.--The Secretary concerned may provide 
                any member of a Senior Reserve Officers' Training Corps 
                unit or a College Student Pre-Commissioning Initiative

[[Page 134 STAT. 3593]]

                program who participates in the pilot program under 
                subsection (a)(2) financial assistance to defray, 
                whether in whole or in part, the charges and fees 
                imposed on the member for flight training.
                    (B) Flight training.--Financial assistance may be 
                used under subparagraph (A) for a course of flight 
                training only if the course meets Federal Aviation 
                Administration standards and is approved by the Federal 
                Aviation Administration and the applicable State 
                approving agency.
                    (C) Use.--Financial assistance received by a member 
                under subparagraph (A) may be used only to defray the 
                charges and fees imposed on the member as described in 
                that subparagraph.
                    (D) Cessation of eligibility.--Financial assistance 
                may not be provided to a member under subparagraph (A) 
                as follows:
                          (i) If the member ceases to meet the academic 
                      and other requirements established pursuant to 
                      paragraph (1).
                          (ii) If the member ceases to be a member of 
                      the Senior Reserve Officers' Training Corps or the 
                      College Student Pre-Commissioning Initiative, as 
                      applicable.

    (e) Evaluation Metrics.--The Secretary of Defense shall establish 
metrics to evaluate the effectiveness of the pilot programs under 
subsection (a).
    (f) Reports.--
            (1) Initial report.--Not later than 180 days after the 
        commencement of the pilot programs under subsection (a), the 
        Secretary of Defense shall submit to the Committees on Armed 
        Services of the Senate and the House of Representatives a report 
        on the pilot programs. The report shall include the following:
                    (A) A description of each pilot program, including 
                in the case of the pilot program under subsection (a)(2) 
                the requirements established pursuant to subsection 
                (d)(1).
                    (B) The evaluation metrics established under 
                subsection (e).
                    (C) Such other matters relating to the pilot 
                programs as the Secretary considers appropriate.
            (2) Annual report.--Not later than 90 days after the end of 
        each fiscal year in which the Secretary carries out the pilot 
        programs, the Secretary shall submit to the Committees on Armed 
        Services of the Senate and the House of Representatives a report 
        on the pilot programs during such fiscal year. Each report shall 
        include, for the fiscal year covered by such report, the 
        following:
                    (A) In the case of the pilot program required by 
                subsection (a)(1), a description of the partnerships 
                between satellite or extension Senior Reserve Officers' 
                Training Corps units and covered military installations 
                under the pilot program.
                    (B) In the case of the pilot program required by 
                subsection (a)(2), the following:
                          (i) The number of members of Senior Reserve 
                      Officers' Training Corps units, and the number of 
                      members of Coast Guard College Student Pre-
                      Commissioning Initiative programs, at covered 
                      institutions selected

[[Page 134 STAT. 3594]]

                      for purposes of the pilot program, including the 
                      number of such members participating in the pilot 
                      program.
                          (ii) The number of recipients of financial 
                      assistance provided under the pilot program, 
                      including the number who--
                                    (I) completed a ground school course 
                                of instruction in connection with 
                                obtaining a private pilot's certificate;
                                    (II) completed flight training, and 
                                the type of training, certificate, or 
                                both received;
                                    (III) were selected for a pilot 
                                training slot in the Armed Forces;
                                    (IV) initiated pilot training in the 
                                Armed Forces; or
                                    (V) successfully completed pilot 
                                training in the Armed Forces.
                          (iii) The amount of financial assistance 
                      provided under the pilot program, broken out by 
                      covered institution, course of study, and such 
                      other measures as the Secretary considers 
                      appropriate.
                    (C) <<NOTE: Data.>>  Data collected in accordance 
                with the evaluation metrics established under subsection 
                (e).
            (3) Final report.--Not later than 180 days prior to the 
        completion of the pilot programs, the Secretary shall submit to 
        the Committees on Armed Services of the Senate and the House of 
        Representatives a report on the pilot programs. The report shall 
        include the following:
                    (A) A description of the pilot programs.
                    (B) <<NOTE: Assessment.>>  An assessment of the 
                effectiveness of each pilot program.
                    (C) <<NOTE: Cost estimate.>>  A description of the 
                cost of each pilot program, and an estimate of the cost 
                of making each pilot program permanent.
                    (D) <<NOTE: Cost estimate.>>  An estimate of the 
                cost of expanding each pilot program throughout all 
                eligible Senior Reserve Officers' Training Corps units 
                and College Student Pre-Commissioning Initiative 
                programs.
                    (E) <<NOTE: Recommenda- tions.>>  Such 
                recommendations for legislative or administrative action 
                as the Secretary considers appropriate in light of the 
                pilot programs, including recommendations for extending 
                or making permanent the authority for each pilot 
                program.

    (g) Definitions.--In this section:
            (1) The term ``covered institution'' has the meaning given 
        that term in section 262(g)(2) of the National Defense 
        Authorization Act for Fiscal Year 2020 (Public Law 116-92).
            (2) The term ``covered military installation'' means an 
        installation of the Department of Defense for the regular 
        components of the Armed Forces.
            (3) The term ``flight training'' means a course of 
        instruction toward obtaining any of the following:
                    (A) A private pilot's certificate.
                    (B) A commercial pilot certificate.
                    (C) A certified flight instructor certificate.
                    (D) A multi-crew pilot's license.
                    (E) A flight instrument rating.

[[Page 134 STAT. 3595]]

                    (F) Any other certificate, rating, or pilot 
                privilege the Secretary considers appropriate for 
                purposes of this section.
SEC. 519A. REPORT REGARDING FULL-TIME NATIONAL GUARD DUTY IN 
                          RESPONSE TO THE COVID-19 PANDEMIC.

    (a) Report Required.--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 regarding how it is determined 
whether to authorize full-time National Guard duty in response to the 
covered national emergency.
    (b) Elements.--The report under this section shall include the 
following:
            (1) The number of requests described in subsection (a).
            (2) The number of such requests approved and the number of 
        requests denied.
            (3) For each such request--
                    (A) the time elapsed from receipt of request to 
                disposition of request; and
                    (B) whether costs (including pay and benefits for 
                members of the National Guard) were a factor in 
                determining whether to grant or deny the request.
            (4) <<NOTE: Estimate.>>  For each such request approved, an 
        estimate of the time between approval and the time when the 
        first such member of the National Guard was placed on full-time 
        National Guard duty in response to such request.
            (5) For each such request denied, the reason for denial and 
        how such denial was explained to the requestor.
            (6) A description of how the process of review for such 
        requests differed from previous requests for a determination 
        whether to authorize full-time National Guard duty under section 
        502(f) of title 32, United States Code.
            (7) <<NOTE: Recommenda- tions.>>  Recommendations of the 
        Secretary to improve the review of such requests in order to 
        better respond to such requests.

    (c) Definitions.--In this section:
            (1) The term ``covered national emergency'' means the 
        national emergency declared on March 13, 2020, by the President 
        under the National Emergencies Act (50 U.S.C. 1601 et seq.) with 
        respect to COVID-19.
            (2) The term ``full-time National Guard duty'' has the 
        meaning given that term in section 101 of title 10, United 
        States Code.
SEC. 519B. STUDY AND REPORT ON NATIONAL GUARD SUPPORT TO STATES 
                          RESPONDING TO MAJOR DISASTERS.

    (a) Study Required.--The Secretary of Defense shall conduct a study 
on the process by which the National Guard provides support to other 
Federal agencies and to States during major disasters. The report shall 
include the following:
            (1) <<NOTE: Reviews.>>  With regards to authorization of 
        full-time National Guard duty under section 502(f) of title 32, 
        United States Code--
                    (A) a review of the process of such authorization, 
                including authorization approval, funding approval, and 
                mission assignment;
                    (B) <<NOTE: Data.>>  a review of data regarding the 
                frequency and speed of such authorizations during fiscal 
                years 2015 through 2020; and

[[Page 134 STAT. 3596]]

                    (C) measures of performance or effectiveness.
            (2) The effectiveness of the funding transfer process 
        between the Federal Emergency Management Agency and the 
        Department of Defense.
            (3) The development and promulgation of training and 
        education materials for the National Guard and other components 
        of the Department of Defense.
            (4) <<NOTE: Analysis.>>  An analysis of lessons learned from 
        the response to COVID-19, including--
                    (A) policy gaps identified by the Secretary; and
                    (B) any recommendations of the Secretary to improve 
                such process.

    (b) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report that includes the findings of the study 
conducted under subsection (a).
SEC. 519C. REPORT ON GUIDANCE FOR USE OF UNMANNED AIRCRAFT SYSTEMS 
                          BY THE NATIONAL GUARD.

    (a) <<NOTE: Deadline.>>  Review.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall--
            (1) review current guidance on the use of unmanned aircraft 
        systems by the National Guard for covered activities within the 
        United States; and
            (2) <<NOTE: Recommenda- tions.>>  submit to the 
        congressional defense committees a report containing 
        recommendations of the Secretary regarding how to expedite the 
        review of requests for use of unmanned aircraft systems 
        described in paragraph (1).

    (b) Covered Activities Defined.--In this section, the term ``covered 
activities'' means--
            (1) emergency operations;
            (2) search and rescue operations;
            (3) defense support to civil authorities; and
            (4) support under section 502(f) of title 32, United States 
        Code.
SEC. 519D. STUDY AND REPORT ON ROTC RECRUITMENT.

    (a) <<NOTE: Assessments.>>  Study.--The Secretary of Defense shall 
conduct a study that assesses--
            (1) whether members of the Armed Forces who served in the 
        Junior Reserve Officers' Training Corps are more or less likely 
        than members who served in the Senior Reserve Officers' Training 
        Corps to achieve or receive recommendations for higher ranks;
            (2) whether there is a correlation between race or ethnicity 
        and the rank ultimately achieved by such members;
            (3) whether individuals who serve in the Junior Reserve 
        Officers' Training Corps are likelier to join the Armed Forces 
        than other individuals; and
            (4) the feasibility of establishing a program to create a 
        pathway for minorities into higher ranks in the Armed Forces.

    (b) Report.--Not later than December 31, 2022, the Secretary of 
Defense shall submit to the Committees on Armed Services of the Senate 
and House of Representatives a report on the results of the study 
conducted under subsection (a).

[[Page 134 STAT. 3597]]

   Subtitle C--General Service Authorities and Correction of Military 
                                 Records

SEC. 521. INCREASED ACCESS TO POTENTIAL RECRUITS.

    (a) Secondary Schools.--Section 503 of title 10, United States Code, 
is amended--
            (1) in subsection (c)(1)--
                    (A) in subparagraph (A)(ii), by striking ``and 
                telephone listings,'' and all that follows through the 
                period at the end and inserting ``electronic mail 
                addresses (which shall be the electronic mail addresses 
                provided by the school, if available), and telephone 
                listings, notwithstanding subsection (a)(5) of section 
                444 of the General Education Provisions Act (20 U.S.C. 
                1232g).''; and
                    (B) in subparagraph (B), by striking ``and telephone 
                listing'' and inserting ``electronic mail address, and 
                telephone listing''; and
            (2) by striking subsection (d).

    (b) Institutions of Higher Education.--Section 983(b)(2)(A) of such 
title is amended by striking ``and telephone listings'' and inserting 
``electronic mail addresses (which shall be the electronic mail 
addresses provided by the institution, if available), and telephone 
listings''.
SEC. 522. SUNSET AND TRANSFER OF FUNCTIONS OF THE PHYSICAL 
                        DISABILITY BOARD OF REVIEW.

    Section 1554a of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(g) Sunset.--(1) On or after the date of the enactment of the 
William M. (Mac) Thornberry National Defense Authorization Act for 
Fiscal Year 2021, the Secretary of Defense may sunset the Physical 
Disability Board of Review under this section.
    ``(2) If the Secretary sunsets the Physical Disability Board of 
Review under paragraph (1), the Secretary shall transfer any remaining 
requests for review pending at that time, and shall assign any new 
requests for review under this section, to a board for the correction of 
military records operated by the Secretary concerned under section 1552 
of this title..
    ``(3) Subsection (c)(4) shall not apply with respect to any review 
conducted by a board for the correction of military records under 
paragraph (2).''.
SEC. 523. HONORARY PROMOTION MATTERS.

    (a) Honorary Promotions on Initiative of Department of Defense.--
Chapter 80 of title 10, United States Code, is amended by inserting 
after section 1563 the following new section:
``Sec. 1563a. <<NOTE: 10 USC 1563a.>>  Honorary promotions on the 
                    initiative of the Department of Defense

    ``(a) In General.--(1) <<NOTE: Regulations. Determination.>>  Under 
regulations prescribed by the Secretary of Defense, the Secretary may 
make an honorary promotion (whether or not posthumous) of a former 
member or retired member of the armed forces to any grade not exceeding 
the grade of major general, rear admiral (upper half), or an equivalent 
grade in the Space Force if the Secretary determines that the promotion 
is merited.

[[Page 134 STAT. 3598]]

    ``(2) The authority to make an honorary promotion under this 
subsection shall apply notwithstanding that the promotion is not 
otherwise authorized by law.
    ``(b) <<NOTE: Time period. Determination.>>  Notice to Congress.--
The Secretary may not make an honorary promotion pursuant to subsection 
(a) until 60 days after the date on which the Secretary submits to the 
Committees on Armed Services of the Senate and the House of 
Representatives a notice of the determination to make the promotion, 
including a detailed discussion of the rationale supporting the 
determination.

    ``(c) Notice of Promotion.--Upon making an honorary promotion 
pursuant to subsection (a), the Secretary shall expeditiously notify the 
former member or retired member concerned, or the next of kin of such 
former member or retired member if such former member or retired member 
is deceased, of the promotion.
    ``(d) Nature of Promotion.--Any promotion pursuant to this section 
is honorary, and shall not affect the pay, retired pay, or other 
benefits from the United States to which the former member or retired 
member concerned is entitled or would have been entitled based on the 
military service of such former member or retired member, nor affect any 
benefits to which any other person is or may become entitled based on 
the military service of such former member or retired member.''.
    (b) Modification of Authorities on Review of Proposals From 
Congress.--
            (1) Standardization of authorities with authorities on 
        initiative of department of defense.--Section 1563 of title 10, 
        United States Code, is amended--
                    (A) in subsection (a)--
                          (i) in the first sentence, by striking ``the 
                      posthumous or honorary promotion or appointment of 
                      a member or former member of the armed forces, or 
                      any other person considered qualified,'' and 
                      inserting ``the honorary promotion (whether or not 
                      posthumous) of a former member or retired member 
                      of the armed forces''; and
                          (ii) in the second sentence, by striking ``the 
                      posthumous or honorary promotion or appointment'' 
                      and inserting ``the promotion''; and
                    (B) in subsection (b), by striking ``the posthumous 
                or honorary promotion or appointment'' and inserting 
                ``the honorary promotion''.
            (2) Authority to make honorary promotions following review 
        of proposals.--Such section is further amended--
                    (A) by redesignating subsection (c) as subsection 
                (d); and
                    (B) by inserting after subsection (b) the following 
                new subsection (c):

    ``(c) Authority To Make.--(1) <<NOTE: Regulations.>>  Under 
regulations prescribed by the Secretary of Defense, the Secretary of 
Defense may make an honorary promotion (whether or not posthumous) of a 
former member or retired member of the armed forces to any grade not 
exceeding the grade of major general, rear admiral (upper half), or an 
equivalent grade in the Space Force following the submittal of the 
determination of the Secretary concerned under subsection (b) in 
connection with the proposal for the promotion if the determination is 
to approve the making of the promotion.

[[Page 134 STAT. 3599]]

    ``(2) <<NOTE: Time period.>>  The Secretary of Defense may not make 
an honorary promotion under this subsection until 60 days after the date 
on which the Secretary concerned submits the determination in connection 
with the proposal for the promotion under subsection (b), and the 
detailed rationale supporting the determination as described in that 
subsection, to the Committees on Armed Services of the Senate and the 
House of Representatives and the requesting Member in accordance with 
that subsection.

    ``(3) The authority to make an honorary promotion under this 
subsection shall apply notwithstanding that the promotion is not 
otherwise authorized by law.
    ``(4) Any promotion pursuant to this subsection is honorary, and 
shall not affect the pay, retired pay, or other benefits from the United 
States to which the former member or retired member concerned is or 
would have been entitled based upon the military service of such former 
member or retired member, nor affect any benefits to which any other 
person may become entitled based on the military service of such former 
member or retired member.''.
            (3) Heading amendment.--The heading of such section is 
        amended to read as follows:
``Sec. 1563. Consideration of proposals from Members of Congress 
                  for honorary promotions: procedures for review 
                  and promotion''.

    (c) Clerical Amendment.--The table of sections at the beginning of 
chapter 80 of such title is <<NOTE: 10 USC 1561 prec.>>  amended by 
striking the item relating to section 1563 and inserting the following 
new items:

``1563. Consideration of proposals from Members of Congress for honorary 
           promotions: procedures for review and promotion.
``1563a. Honorary promotions on the initiative of the Department of 
           Defense.''.

SEC. 524. <<NOTE: Regulations.>>  EXCLUSION OF OFFICIAL 
                        PHOTOGRAPHS OF MEMBERS FROM RECORDS 
                        FURNISHED TO PROMOTION SELECTION BOARDS.

    (a) <<NOTE: 10 USC 615 note.>>  Active Duty Officers.--The Secretary 
of Defense shall include in the regulations prescribed pursuant to 
section 615(a) of title 10, United States Code, a prohibition on the 
inclusion of an official photograph of an officer in the information 
furnished to a selection board pursuant to section 615(b) of such title.

    (b) <<NOTE: 10 USC 615 note.>>  Reserve Officers.--The Secretary of 
Defense shall include in regulations prescribed pursuant to section 
14107(a)(1) of title 10, United States Code, a prohibition on the 
inclusion of an official photograph of an officer in the information 
furnished to a selection board pursuant to section 14107(a)(2) of such 
title.

    (c) <<NOTE: 10 USC 615 note.>>  Enlisted Members.--Each Secretary of 
a military department shall prescribe regulations that prohibit the 
inclusion of an official photograph of an enlisted member in the 
information furnished to a board that considers enlisted members under 
the jurisdiction of such Secretary for promotion.

    (d) <<NOTE: Consultation. Assessments.>>  Report on Exclusion of 
Additional Information.--Not later than one year after the date of the 
enactment of this Act, the Secretary of Defense shall, in consultation 
with the Secretaries of the military departments, submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report setting forth the following:
            (1) <<NOTE: Recommenda- tions.>>  A recommendation for the 
        redaction or removal from information furnished to selection 
        boards convened to consider officers or enlisted members for 
        promotion to the next higher

[[Page 134 STAT. 3600]]

        grade of such information, if any, relating to an officer or 
        enlisted member, as applicable, that is currently furnished to 
        such a selection board as the Secretary considers appropriate 
        for redaction or removal in order to eliminate inappropriate 
        bias in the promotion selection process.
            (2) An assessment of the anticipated effects on the 
        promotion process for officers or enlisted members, as 
        applicable, of the redaction or removal from information 
        furnished to selection boards of information recommended for 
        redaction or removal pursuant to paragraph (1).
            (3) <<NOTE: Implementation plan.>>  An implementation plan 
        that describes and assesses the manner in which the redaction or 
        removal of such information will be achieved, including a 
        description and assessment of the following:
                    (A) Any required changes to policies, processes, or 
                systems, including any information technology required.
                    (B) <<NOTE: Costs.>>  The cost of implementing such 
                changes.
                    (C) <<NOTE: Timeline. Deadline.>>  The estimated 
                timeline for completion of the implementation of such 
                changes (which may not be later than the day that is two 
                years after the date of the report).
                    (D) The duty title of the officer or employee of the 
                Department Defense to be assigned responsibility for 
                implementing such changes.
SEC. 525. REPORT REGARDING REVIEWS OF DISCHARGES AND DISMISSALS 
                        BASED ON SEXUAL ORIENTATION.

    (a) Report Required.--Not later than September 30, 2021, the 
Secretary of Defense shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report regarding the 
number of former members of the Armed Forces who--
            (1) were discharged or dismissed from the Armed Forces;
            (2) <<NOTE: Effective date.>>  on or after September 21, 
        2011, applied to the Secretary of the military department 
        concerned for an upgrade in the characterization of such 
        discharge or dismissal; and
            (3) assert in such application that such discharge or 
        dismissal arose from a policy of the Department of Defense 
        regarding the sexual orientation of a member before September 
        21, 2011.

    (b) Elements.--The report under this section shall include the 
following:
            (1) The number of applications described in subsection (a) 
        and the percentages of such applications granted and denied, 
        disaggregated by--
                    (A) Armed Force;
                    (B) grade;
                    (C) characterization of discharge or dismissal 
                originally received; and
                    (D) characterization of discharge or dismissal 
                received pursuant to an application described in 
                subsection (a)(2).
            (2) <<NOTE: Determination.>>  If the Secretary can determine 
        the number without reviewing applications described in 
        subsection (a) on a case-by-case basis, the number of such 
        applications--
                    (A) that were denied; and
                    (B) in which the discharge or dismissal was based 
                solely on misconduct of the discharged or dismissed 
                member.

[[Page 134 STAT. 3601]]

    (c) <<NOTE: Deadline. Public information. Web posting.>>  
Publication.--Not later than 90 days after the Secretary submits the 
report under this section, the Secretary shall publish the report on a 
publicly accessible website of the Department of Defense.

 Subtitle D--Prevention and Response To Sexual Assault, Harassment, and 
                           Related Misconduct

SEC. 531. MODIFICATION OF TIME REQUIRED FOR EXPEDITED DECISIONS IN 
                        CONNECTION WITH APPLICATIONS FOR CHANGE OF 
                        STATION OR UNIT TRANSFER OF MEMBERS WHO 
                        ARE VICTIMS OF SEXUAL ASSAULT OR RELATED 
                        OFFENSES.

    (a) In General.--Section 673(b) of title 10, United States Code, is 
amended by striking ``72 hours'' both places it appears and inserting 
``five calendar days''.
    (b) <<NOTE: Applicability. 10 USC 673 note.>>  Effective Date.--The 
amendments made by subsection (a) shall take effect on the date of the 
enactment of this Act, and shall apply to decisions on applications for 
permanent change of station or unit transfer made under section 673 of 
title 10, United States Code, on or after that date.
SEC. 532. CONFIDENTIAL REPORTING OF SEXUAL HARASSMENT.

    (a) Confidential Reporting.--
            (1) In general.--Chapter 80 of title 10, United States Code, 
        is amended by inserting after section 1561a the following new 
        section:
``Sec. 1561b. <<NOTE: 10 USC 1561b.>>  Confidential reporting of 
                    sexual harassment

    ``(a) <<NOTE: Regulations.>>  Reporting Process.--Notwithstanding 
section 1561 of this title, the Secretary of Defense shall prescribe in 
regulations a process by which a member of an armed force under the 
jurisdiction of the Secretary of a military department may 
confidentially allege a complaint of sexual harassment to an individual 
outside the immediate chain of command of the member.

    ``(b) Receipt of Complaints.--An individual designated and trained 
to receive complaints under the process under subsection (a) shall--
            ``(1) maintain the confidentiality of the member alleging 
        the complaint;
            ``(2) explain to the member alleging the complaint the 
        different avenues of redress available to resolve the complaint 
        and the different consequences of each avenue on the manner in 
        which the complaint will be investigated (if at all), including 
        an explanation of the following:
                    ``(A) The manner in which to file a complaint 
                concerning alleged sexual harassment with the official 
                or office designated for receipt of such complaint 
                through such avenue of redress.
                    ``(B) That confidentiality in connection with the 
                complaint cannot be maintained when there is a clear and 
                present risk to health or safety.
                    ``(C) If the alleged sexual harassment also involves 
                an allegation of sexual assault, including sexual 
                contact--

[[Page 134 STAT. 3602]]

                          ``(i) the manner in which to file a 
                      confidential report with a Sexual Assault Response 
                      Coordinator or a Sexual Assault Prevention and 
                      Response Victim Advocate; and
                          ``(ii) options available pursuant to such 
                      reporting, including a Restricted Report or 
                      Unrestricted Report, and participation in the 
                      Catch a Serial Offender Program.
                    ``(D) The services and assistance available to the 
                member in connection with the complaint and the alleged 
                sexual harassment.

    ``(c) Education and Tracking.--The Secretary of Defense shall--
            ``(1) educate members under the jurisdiction of the 
        Secretaries of the military departments regarding the process 
        established under this section; and
            ``(2) track complaints alleged pursuant to the process.

    ``(d) <<NOTE: Time periods. Data.>>  Reports.--Not later than April 
30, 2023, and April 30 every two years thereafter, the Secretary of 
Defense shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report containing data on the 
complaints of sexual harassment alleged pursuant to the process under 
subsection (a) during the previous two calendar years. Any data on such 
complaints shall not contain any personally identifiable information.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 80 of such title <<NOTE: 10 USC 1561 
        prec.>>  is amended by inserting after the item relating to 
        section 1561b the following new item: <<NOTE: 03 Reports.>> 

Reports.

``1561b. Confidential reporting of sexual harassment.''.

    (b) Plan for Implementation.--The Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the House of 
Representatives a report setting forth a plan for the implementation of 
the process for confidential reporting of sexual harassment required by 
section 1561b of title 10, United States Code (as added by subsection 
(a)). The plan shall include the date on which the process is 
anticipated to be fully implemented.
    (c) Plan for Access to Confidential Reports To Identify Serial 
Harassers.--Not later than one year after the implementation of the 
process for confidential reporting of sexual harassment required by 
section 1561b of title 10, United States Code (as so added), the 
Secretary of Defense shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report setting forth a 
plan to allow an individual who files a confidential report of sexual 
harassment pursuant to the process to elect to permit a military 
criminal investigative organization to access certain information in the 
confidential report, including identifying information of the alleged 
perpetrator (if available), for the purpose of identifying individuals 
who are suspected of multiple incidents of sexual harassments, without 
such access affecting the confidential nature of the confidential 
report. The report shall specify the information to be accessible by 
criminal investigative organizations pursuant to the plan.

[[Page 134 STAT. 3603]]

SEC. 533. ADDITIONAL BASES FOR PROVISION OF ADVICE BY THE DEFENSE 
                        ADVISORY COMMITTEE FOR THE PREVENTION OF 
                        SEXUAL MISCONDUCT.

    Section 550B of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116-92; 133 Stat. 1380; 10 U.S.C. 1561 note) is 
amended in subsection (c)(2)--
            (1) by redesignating subparagraph (C) as subparagraph (E); 
        and
            (2) by inserting after subparagraph (B) the following new 
        subparagraphs:
                    ``(C) Efforts among private employers to prevent 
                sexual assault and sexual harassment among their 
                employees.
                    ``(D) Evidence-based studies on the prevention of 
                sexual assault and sexual harassment in the Armed 
                Forces, institutions of higher education, and the 
                private sector.''.
SEC. 534. ADDITIONAL MATTERS FOR 2021 REPORT OF THE DEFENSE 
                        ADVISORY COMMITTEE FOR THE PREVENTION OF 
                        SEXUAL MISCONDUCT.

    Section 550B of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116-92; 133 Stat. 1380; 10 U.S.C. 1561 note), as 
amended by section 533 of this Act, is further amended by adding at the 
end of subsection (d) the following: `` <<NOTE: Assessments.>> The 
report in 2021 shall also include the following:
            ``(1) A description and assessment of the extent and 
        effectiveness of the inclusion by the Armed Forces of sexual 
        assault prevention and response training in leader professional 
        military education (PME), especially in such education for 
        personnel in junior noncommissioned officer grades.
            ``(2) An assessment of the feasibility of--
                    ``(A) the screening before entry into military 
                service of recruits who may have been the subject or 
                perpetrator of prior incidents of sexual assault and 
                harassment, including through background checks; and
                    ``(B) the administration of screening tests to 
                recruits to assess recruit views and beliefs on equal 
                opportunity, and whether such views and beliefs are 
                compatible with military service.
            ``(3) An assessment of the feasibility of conducting exit 
        interviews of members of the Armed Forces upon their discharge 
        release from the Armed Forces in order to determine whether they 
        experienced or witnessed sexual assault or harassment during 
        military service and did not report it, and an assessment of the 
        feasibility of combining such exit interviews with the Catch a 
        Serial Offender (CATCH) Program of the Department of Defense.
            ``(4) An assessment whether the sexual assault reporting 
        databases of the Department are sufficiently anonymized to 
        ensure privacy while still providing military leaders with the 
        information as follows:
                    ``(A) The approximate length of time the victim and 
                the assailant had been at the duty station at which the 
                sexual assault occurred.
                    ``(B) The percentage of sexual assaults occurring 
                while the victim or assailant were on temporary duty, 
                leave, or otherwise away from their permanent duty 
                station.

[[Page 134 STAT. 3604]]

                    ``(C) The number of sexual assaults that involve an 
                abuse of power by a commander or supervisor.''.
SEC. 535. INCLUSION OF ADVISORY DUTIES ON THE COAST GUARD ACADEMY 
                        AMONG DUTIES OF DEFENSE ADVISORY COMMITTEE 
                        FOR THE PREVENTION OF SEXUAL MISCONDUCT.

    Section 550B of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116-92; 133 Stat. 1380; 10 U.S.C. 1561 note), as 
amended by sections 533 and 534 of this Act, is further amended--
            (1) in subsection (c)(1)(B), by inserting ``, including the 
        United States Coast Guard Academy,'' after ``academy'';
            (2) by redesignating subsections (d), (e), and (f) as 
        subsections (e), (f), and (g), respectively;
            (3) by inserting after subsection (c) the following new 
        subsection (d):

    ``(d) Advisory Duties on Coast Guard Academy.--In providing advice 
under subsection (c)(1)(B), the Advisory Committee shall also advise the 
Secretary of the Department in which the Coast Guard is operating in 
accordance with this section on policies, programs, and practices of the 
United States Coast Guard Academy.''; and
            (4) in subsection (e) and paragraph (2) of subsection (g), 
        as redesignated by paragraph (2) of this section, by striking 
        ``the Committees on Armed Services of the Senate and the House 
        of Representatives'' each place it appears and inserting ``the 
        Committees on Armed Services and Commerce, Science, and 
        Transportation of the Senate and the Committees on Armed 
        Services and Transportation and Infrastructure of the House of 
        Representatives''.
SEC. 536. MODIFICATION OF REPORTING AND DATA COLLECTION ON VICTIMS 
                        OF SEXUAL OFFENSES.

    Section 547 of the John S. McCain National Defense Authorization Act 
for Fiscal Year 2019 (Public Law 115-232; 10 U.S.C. 1561 note) is 
amended--
            (1) in subsection (a)--
                    (A) in paragraph (1)--
                          (i) by striking ``accused of'' and inserting 
                      ``suspected of''; and
                          (ii) by striking ``assault'' and inserting 
                      ``offense'';
                    (B) in paragraph (2), by striking ``accused of'' and 
                inserting ``suspected of''; and
                    (C) in paragraph (3)--
                          (i) by striking ``assaults'' and inserting 
                      ``offenses''; and
                          (ii) by striking ``an accusation'' and 
                      inserting ``suspicion of'';
            (2) by redesignating subsection (b) as subsection (c);
            (3) by inserting after subsection (a) the following new 
        subsection (b):

    ``(b) Guidance Required.--The Secretary of Defense shall issue 
guidance to ensure the uniformity of the data collected by each Armed 
Force for purposes of subsection (a). At a minimum, such guidance shall 
establish--
            ``(1) standardized methods for the collection of the data 
        required to be reported under such subsection; and

[[Page 134 STAT. 3605]]

            ``(2) standardized definitions for the terms `sexual 
        offense', `collateral miconduct', and `adverse action'.''; and
            (4) by amending subsection (c), as redesignated by paragraph 
        (2), to read as follows:

    ``(c) Definitions.--In this section:
            ``(1) The term `covered individual' means an individual who 
        is identified in the case files of a military criminal 
        investigative organization as a victim of a sexual offense that 
        occurred while that individual was serving on active duty as a 
        member of the Armed Forces.
            ``(2) The term `suspected of', when used with respect to a 
        covered individual suspected of collateral misconduct or crimes 
        as described in subsection (a), means that an investigation by a 
        military criminal investigative organization reveals facts and 
        circumstances that would lead a reasonable person to believe 
        that the individual committed an offense under chapter 47 of 
        title 10, United States Code (the Uniform Code of Military 
        Justice).''.
SEC. 537. MODIFICATION OF ANNUAL REPORT REGARDING SEXUAL ASSAULTS 
                        INVOLVING MEMBERS OF THE ARMED FORCES.

    (a) Additional Recipients.--Subsection (d) of section 1631 of the 
Ike Skelton National Defense Authorization Act for Fiscal Year 2011 
(Public Law 111-383; 10 U.S.C. 1561 note) is amended by inserting ``and 
the Committees on Veterans' Affairs of the Senate and the House of 
Representatives'' after ``House of Representatives''.
    (b) <<NOTE: Effective date. 10 USC 1561 note.>>  Applicability.--The 
amendment made by subsection (a) shall take effect on the date of the 
enactment of this Act and shall apply to reports required to be 
submitted under such section on or after such date.
SEC. 538. <<NOTE: 10 USC 1565b note.>>  COORDINATION OF SUPPORT 
                        FOR SURVIVORS OF SEXUAL TRAUMA.

    (a) <<NOTE: Deadline. Standards.>>  In General.--Not later than one 
year after the date of the enactment of this Act, the Secretaries of 
Defense and Veterans Affairs shall jointly develop, implement, and 
maintain a standard of coordinated care for members of the Armed Forces 
who are survivors of sexual trauma. Such standard shall include the 
following:

    (b) Minimum Elements.--The standard developed and implemented under 
subsection (a) by the Secretaries of Defense and Veterans Affairs shall 
include the following:
            (1) Information for members of the armed forces.--The 
        Secretary of Defense shall ensure that--
                    (A) Sexual Assault Response Coordinators and 
                Uniformed Victim Advocates receive annual training on 
                resources of the Department of Veterans Affairs 
                regarding sexual trauma;
                    (B) information regarding services furnished by the 
                Secretary of Veterans Affairs to survivors of sexual 
                trauma is provided to each such survivor; and
                    (C) information described in subparagraph (B) is 
                posted in the following areas in each facility of the 
                Department of Defense:
                          (i) An office of the Family Advocacy Program.
                          (ii) An office of a mental health care 
                      provider.
                          (iii) Each area in which sexual assault 
                      prevention staff normally post notices or 
                      information.

[[Page 134 STAT. 3606]]

                          (iv) High-traffic areas (including dining 
                      facilities).
            (2) Coordination between staff of the departments.--The 
        Secretaries shall ensure that a Sexual Assault Response 
        Coordinator or Uniformed Victim Advocate of the Department of 
        Defense who receives a report of an instance of sexual trauma 
        connects the survivor to the Military Sexual Trauma Coordinator 
        of the Department of Veterans Affairs at the facility of that 
        Department nearest to the residence of that survivor if that 
        survivor is a member separating or retiring from the Armed 
        Forces.

    (c) Reports.--
            (1) Report on residential treatment.--Not later than 180 
        days after the date of the enactment of this Act, the 
        Secretaries of Defense and Veterans Affairs shall provide a 
        report to the appropriate committees of Congress regarding the 
        availability of residential treatment programs for survivors of 
        sexual trauma, including--
                    (A) barriers to access for such programs; and
                    (B) resources required to reduce such barriers.
            (2) Initial report.--Upon implementation of the standard 
        under subsection (a), the Secretaries of Defense and Veterans 
        Affairs shall jointly submit to the appropriate committees of 
        Congress a report on the standard.
            (3) Progress reports.--Not later than 180 days after 
        submitting the initial report under paragraph (2), and on 
        December 1 of each subsequent year, the Secretaries of Defense 
        and Veterans Affairs shall jointly submit to the appropriate 
        committees of Congress a report on the progress of the 
        Secretaries in implementing and improving the standard.
            (4) Updates.--Whenever the Secretaries of Defense and 
        Veterans Affairs update the standard developed under subsection 
        (a), the Secretaries shall jointly submit to the appropriate 
        committees of Congress a report on such update, including a 
        comprehensive and detailed description of such update and the 
        reasons for such update.

    (d) Definitions.--In this section:
            (1) The term ``sexual trauma'' means a condition described 
        in section 1720D(a)(1) of title 38, United States Code.
            (2) The term ``appropriate committees of Congress'' means--
                    (A) the Committees on Veterans' Affairs of the House 
                of Representatives and the Senate; and
                    (B) the Committees on Armed Services of the House of 
                Representatives and the Senate.
SEC. 539. <<NOTE: 10 USC 7461 note.>>  POLICY FOR MILITARY SERVICE 
                        ACADEMIES ON SEPARATION OF ALLEGED VICTIMS 
                        AND ALLEGED PERPETRATORS IN INCIDENTS OF 
                        SEXUAL ASSAULT.

    (a) <<NOTE: Consultation. Regulations.>>  In General.--The Secretary 
of Defense shall, in consultation with the Secretaries of the military 
departments and the Superintendent of each military service academy, 
prescribe in regulations a policy under which a cadet or midshipman of a 
military service academy who is the alleged victim of a sexual assault 
and a cadet or midshipman who is the alleged perpetrator of such assault 
shall, to the extent practicable, each be given the opportunity to 
complete their course of study at the academy without--
            (1) taking classes together; or

[[Page 134 STAT. 3607]]

            (2) otherwise being in close proximity to each other during 
        mandatory activities.

    (b) Elements.--The Secretary of Defense shall ensure that the policy 
developed under subsection (a)--
            (1) permits an alleged victim to elect not to be covered by 
        the policy with respect to a particular incident of sexual 
        assault;
            (2) protects the alleged victim as necessary, including by 
        prohibiting retaliatory harassment;
            (3) minimizes the prejudicial impact of the policy, to the 
        extent practicable, on both the alleged victim and the alleged 
        perpetrator, and allows the alleged victim and the alleged 
        perpetrator to complete their course of study at the institution 
        with minimal disruption;
            (4) protects the privacy of both the alleged victim and the 
        alleged perpetrator by ensuring that information about the 
        alleged sexual assault and the individuals involved is not 
        revealed to third parties who are not specifically authorized to 
        receive such information in the course of performing their 
        regular duties, except that such policy shall not preclude the 
        alleged victim or the alleged perpetrator from making such 
        disclosures to third parties; and
            (5) minimizes the burden on the alleged victim when taking 
        steps to separate the alleged victim and alleged perpetrator.

    (c) Special Rule.--The policy developed under subsection (a) shall 
not preclude a military service academy from taking other administrative 
or disciplinary action when appropriate.
    (d) Military Service Academy Defined.--In this section, the term 
``military service academy'' means the following:
            (1) The United States Military Academy.
            (2) The United States Naval Academy.
            (3) The United States Air Force Academy.
            (4) The United States Coast Guard Academy.
SEC. 539A. <<NOTE: 10 USC 1561 note.>>  SAFE-TO-REPORT POLICY 
                          APPLICABLE ACROSS THE ARMED FORCES.

    (a) <<NOTE: Consultation. Regulations. Applicability.>>  In 
General.--The Secretary of Defense shall, in consultation with the 
Secretaries of the military departments, prescribe in regulations a 
safe-to-report policy described in subsection (b) that applies with 
respect to all members of the Armed Forces (including members of the 
reserve components of the Armed Forces) and cadets and midshipmen at the 
military service academies.

    (b) Safe-to-report Policy.--The safe-to-report policy described in 
this subsection is a policy that prescribes the handling of minor 
collateral misconduct involving a member of the Armed Forces who is the 
alleged victim of sexual assault.
    (c) Aggravating Circumstances.--The regulations under subsection (a) 
shall specify aggravating circumstances that increase the gravity of 
minor collateral misconduct or its impact on good order and discipline 
for purposes of the safe-to-report policy.
    (d) Tracking of Collateral Misconduct Incidents.--In conjunction 
with the issuance of regulations under subsection (a), Secretary shall 
develop and implement a process to track incidents of minor collateral 
misconduct that are subject to the safe-to-report policy.
    (e) Definitions.--In this section:

[[Page 134 STAT. 3608]]

            (1) The term ``Armed Forces'' has the meaning given that 
        term in section 101(a)(4) of title 10, United States Code, 
        except such term does not include the Coast Guard.
            (2) The term ``military service academy'' means the 
        following:
                    (A) The United States Military Academy.
                    (B) The United States Naval Academy.
                    (C) The United States Air Force Academy.
            (3) The term ``minor collateral misconduct'' means any minor 
        misconduct that is potentially punishable under chapter 47 of 
        title 10, United States Code (the Uniform Code of Military 
        Justice), that--
                    (A) is committed close in time to or during the 
                sexual assault, and directly related to the incident 
                that formed the basis of the sexual assault allegation;
                    (B) is discovered as a direct result of the report 
                of sexual assault or the ensuing investigation into the 
                sexual assault; and
                    (C) does not involve aggravating circumstances (as 
                specified in the regulations prescribed under subsection 
                (c)) that increase the gravity of the minor misconduct 
                or its impact on good order and discipline.
SEC. 539B. <<NOTE: 10 USC 1561 note.>>  ACCOUNTABILITY OF 
                          LEADERSHIP OF THE DEPARTMENT OF DEFENSE 
                          FOR DISCHARGING THE SEXUAL HARASSMENT 
                          POLICIES AND PROGRAMS OF THE DEPARTMENT.

    (a) Strategy on Holding Leadership Accountable Required.--The 
Secretary of Defense shall develop and implement Department of Defense-
wide a strategy to hold individuals in positions of leadership in the 
Department (including members of the Armed Forces and civilians) 
accountable for the promotion, support, and enforcement of the policies 
and programs of the Department on sexual harassment.
    (b) Oversight Framework.--
            (1) In general.--The strategy required by subsection (a) 
        shall provide for an oversight framework for the efforts of the 
        Department of Defense to promote, support, and enforce the 
        policies and programs of the Department on sexual harassment.
            (2) Elements.--The oversight framework required by paragraph 
        (1) shall include the following:
                    (A) Long-term goals, objectives, and milestones in 
                connection with the policies and programs of the 
                Department on sexual harassment.
                    (B) Strategies to achieve the goals, objectives, and 
                milestones referred to in subparagraph (A).
                    (C) <<NOTE: Criteria.>>  Criteria for assessing 
                progress toward the achievement of the goals, 
                objectives, and milestones referred to in subparagraph 
                (A).
                    (D) <<NOTE: Criteria.>>  Criteria for assessing the 
                effectiveness of the policies and programs of the 
                Department on sexual harassment.
                    (E) Mechanisms to ensure that adequate resources are 
                available to the Office of the Secretary of Defense to 
                develop and discharge the oversight framework.

    (c) Report.--Not later than one year after the date of the enactment 
of this Act, the Secretary of Defense shall submit to

[[Page 134 STAT. 3609]]

the Committees on Armed Services of the Senate and the House of 
Representatives a report on the actions taken to carry out this section, 
including the strategy developed and implemented pursuant to subsection 
(a), and the oversight framework developed and implemented pursuant to 
subsection (b).
SEC. 539C. REPORTS ON STATUS OF INVESTIGATIONS OF ALLEGED SEX-
                          RELATED OFFENSES.

    (a) <<NOTE: Time period.>>  Reports Required.--Not later than 1 year 
after the date of the enactment of this Act, and annually thereafter 
through December 31, 2025, the Secretary of each military department 
shall submit to the congressional defense committees a report on the 
status of investigations into alleged sex-related offenses.

    (b) Elements.--Each report under subsection (a) shall include, with 
respect to investigations into alleged sex-related offenses carried out 
by military criminal investigative organizations under the jurisdiction 
of the Secretary concerned during the preceding year, the following:
            (1) The total number of investigations.
            (2) For each investigation--
                    (A) the date the investigation was initiated; and
                    (B) an explanation of whether the investigation is 
                in-progress or complete as of the date of the report 
                and, if complete, the date on which the investigation 
                was completed.
            (3) The total number of investigations that are complete as 
        of the date of the report.
            (4) The total number of investigations that are in-progress 
        as of the date of the report.
            (5) <<NOTE: Time period.>>  For investigations lasting 
        longer than 180 days, a general explanation of the primary 
        reasons for the extended duration of such investigations.

    (c) Definitions.--In this section:
            (1) The term ``alleged sex-related offense'' has the meaning 
        given that term in section 1044(e)(h) of title 10, United States 
        Code.
            (2) The term ``complete'' when used with respect to an 
        investigation of an alleged sex-related offense, means the 
        active phase of the investigation is sufficiently complete to 
        enable the appropriate authority to reach a decision with 
        respect to the disposition of charges for the offense.
SEC. 539D. REPORT ON ABILITY OF SEXUAL ASSAULT RESPONSE 
                          COORDINATORS AND SEXUAL ASSAULT 
                          PREVENTION AND RESPONSE VICTIM ADVOCATES 
                          TO PERFORM DUTIES.

    (a) Survey.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than June 
        30, 2021, the Secretary of Defense shall conduct a survey 
        regarding the ability of Sexual Assault Response Coordinators 
        and Sexual Assault Prevention and Response Victim Advocates to 
        perform their duties.
            (2) <<NOTE: Assessments.>>  Elements.--The survey required 
        under paragraph (1) shall assess--
                    (A) the current state of support provided to Sexual 
                Assault Response Coordinators and Sexual Assault 
                Prevention and Response Victim Advocates, including--
                          (i) perceived professional or other reprisal 
                      or retaliation; and

[[Page 134 STAT. 3610]]

                          (ii) access to sufficient physical and mental 
                      health services as a result of the nature of their 
                      work;
                    (B) the ability of Sexual Assault Response 
                Coordinators and Sexual Assault Prevention and Response 
                Victim Advocates to contact and access their 
                installation commander or unit commander;
                    (C) the ability of Sexual Assault Response 
                Coordinators and Sexual Assault Prevention and Response 
                Victim Advocates to contact and access the immediate 
                commander of victims and alleged offenders;
                    (D) the responsiveness and receptiveness of 
                commanders to the Sexual Assault Response Coordinators;
                    (E) the support and services provided to victims of 
                sexual assault;
                    (F) the understanding of others of the process and 
                their willingness to assist;
                    (G) the adequacy of the training received by Sexual 
                Assault Response Coordinators and Sexual Assault 
                Prevention and Response Victim Advocates to effectively 
                perform their duties; and
                    (H) any other factors affecting the ability of 
                Sexual Assault Response Coordinators and Sexual Assault 
                Prevention and Response Victim Advocates to perform 
                their duties.

    (b) Report.--Upon completion of the survey required under subsection 
(a), the Secretary of Defense shall submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report on the 
results of the survey and any actions to be taken as a result of the 
survey.
SEC. 539E. BRIEFING ON SPECIAL VICTIMS' COUNSEL PROGRAM.

    (a) <<NOTE: Deadline.>>  Briefing Required.--Not later than 180 days 
after the date of the enactment of this Act, the Judge Advocates General 
of the Army, the Navy, the Air Force, and the Coast Guard and the Staff 
Judge Advocate to the Commandant of the Marine Corps shall each provide 
to the congressional defense committees a briefing on the status of the 
Special Victims' Counsel program of the Armed Force concerned.

    (b) Elements.--Each briefing under subsection (a) shall include, 
with respect to the Special Victims' Counsel program of the Armed Force 
concerned, the following:
            (1) <<NOTE: Assessment. Compliance.>>  An assessment of 
        whether the Armed Force is in compliance with the provisions of 
        the National Defense Authorization Act for Fiscal Year 2020 
        (Public Law 116-92) relating to the Special Victims' Counsel 
        program and, if not, what steps have been taken to achieve 
        compliance with such provisions.
            (2) <<NOTE: Estimate.>>  An estimate of the average caseload 
        of each Special Victims' Counsel.
            (3) A description of any staffing shortfalls in the Special 
        Victims' Counsel program or other programs of the Armed Force 
        resulting from the additional responsibilities required of the 
        Special Victims' Counsel program under the National Defense 
        Authorization Act for Fiscal Year 2020.
            (4) An explanation of the ability of Special Victims' 
        Counsel to adhere to requirement that a counsel respond to a 
        request for services within 72 hours of receiving such request.
            (5) <<NOTE: Assessment.>>  An assessment of the feasibility 
        of providing cross-service Special Victims' Counsel 
        representation in instances

[[Page 134 STAT. 3611]]

        where a Special Victims' Counsel from a different Armed Force is 
        co-located with a victim at a remote base.
SEC. 539F. BRIEFING ON PLACEMENT OF MEMBERS OF THE ARMED FORCES IN 
                          ACADEMIC STATUS WHO ARE VICTIMS OF 
                          SEXUAL ASSAULT ONTO NON-RATED PERIODS.

     <<NOTE: Deadline.>> Not later than 270 days after the date of the 
enactment of this Act, the Secretary of Defense shall brief the 
Committees on Armed Services of the Senate and the House of 
Representatives on the feasibility and advisability, and current 
practice (if any) of the Department of Defense, of granting requests by 
members of the Armed Forces who are in academic status (whether at the 
military service academies or in developmental education programs) and 
who are victims of sexual assault to be placed on a Non-Rated Period for 
their performance report.

          Subtitle E--Military Justice and Other Legal Matters

SEC. 541. RIGHT TO NOTICE OF VICTIMS OF OFFENSES UNDER THE UNIFORM 
                        CODE OF MILITARY JUSTICE REGARDING CERTAIN 
                        POST-TRIAL MOTIONS, FILINGS, AND HEARINGS.

    Section 806b(a)(2) of title 10, United States Code (article 
6b(a)(2)) of the Uniform Code of Military Justice), is amended--
            (1) by redesignating subparagraphs (D) and (E) as 
        subparagraphs (E) and (F), respectively; and
            (2) by inserting after subparagraph (C) the following new 
        subparagraph (D):
                    ``(D) A post-trial motion, filing, or hearing that 
                may address the finding or sentence of a court-martial 
                with respect to the accused, unseal privileged or 
                private information of the victim, or result in the 
                release of the accused.''.
SEC. 542. QUALIFICATIONS OF JUDGES AND STANDARD OF REVIEW FOR 
                        COURTS OF CRIMINAL APPEALS.

    (a) Qualifications of Certain Judges.--Section 866(a) of title 10, 
United States Code (article 66(a) of the Uniform Code of Military 
Justice), is amended--
            (1) by striking ``Each Judge'' and inserting:
            ``(1) In general.--Each Judge''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Additional qualifications.--In addition to any other 
        qualifications specified in paragraph (1), any commissioned 
        officer or civilian assigned as an appellate military judge to a 
        Court of Criminal Appeals shall have not fewer than 12 years of 
        experience in the practice of law before such assignment.''.

    (b) Standard of Review.--Paragraph (1) of section 866(d) of title 
10, United States Code (article 66(d) of the Uniform Code of Military 
Justice), is amended to read as follows:
            ``(1) Cases appealed by accused.--
                    ``(A) In general.--In any case before the Court of 
                Criminal Appeals under subsection (b), the Court may act 
                only with respect to the findings and sentence as 
                entered into the record under section 860c of this title 
                (article 60c). The Court may affirm only such findings 
                of guilty

[[Page 134 STAT. 3612]]

                as the Court finds correct in law, and in fact in 
                accordance with subparagraph 
                (B). <<NOTE: Determination.>>  The Court may affirm only 
                the sentence, or such part or amount of the sentence, as 
                the Court finds correct in law and fact and determines, 
                on the basis of the entire record, should be approved.
                    ``(B) Factual sufficiency review.--(i) In an appeal 
                of a finding of guilty under subsection (b), the Court 
                may consider whether the finding is correct in fact upon 
                request of the accused if the accused makes a specific 
                showing of a deficiency in proof.
                    ``(ii) <<NOTE: Determination.>>  After an accused 
                has made such a showing, the Court may weigh the 
                evidence and determine controverted questions of fact 
                subject to--
                          ``(I) appropriate deference to the fact that 
                      the trial court saw and heard the witnesses and 
                      other evidence; and
                          ``(II) appropriate deference to findings of 
                      fact entered into the record by the military 
                      judge.
                    ``(iii) If, as a result of the review conducted 
                under clause (ii), the Court is clearly convinced that 
                the finding of guilty was against the weight of the 
                evidence, the Court may dismiss, set aside, or modify 
                the finding, or affirm a lesser finding.''.

    (c) Review by United States Court of Appeals for the Armed Forces of 
Factual Sufficiency Rulings.--Section 867(c)(1) of title 10, United 
States Code (article 67(c)(1) of the Uniform Code of Military Justice), 
is amended--
            (1) in subparagraph (A), by striking ``or'' at the end;
            (2) in subparagraph (B), by striking the period at the end 
        and inserting ``; or''; and
            (3) by adding at the end the following new subparagraph:
            ``(C) the findings set forth in the entry of judgment, as 
        affirmed, dismissed, set aside, or modfied by the Court of 
        Criminal Appeals as incorrect in fact under section 866(d)(1)(B) 
        of this title (article 66(d)(1)(B)).''.

    (d) Inclusion of Additional Information in Annual Reports.--Section 
946a(b)(2) of title 10, United States Code (article 146a(b)(2) of the 
Uniform Code of Military Justice), is amended--
            (1) in subparagraph (B), by striking ``and'' at the end;
            (2) in subparagraph (C), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(D) <<NOTE: Analysis.>>  an analysis of each case 
                in which a Court of Criminal Appeals made a final 
                determination that a finding of a court-martial was 
                clearly against the weight of the evidence, including an 
                explanation of the standard of appellate review applied 
                in such case.''.

    (e) <<NOTE: 10 USC 866 note.>>  Effective Dates and Applicability.--
            (1) Qualifications of certain judges.--The amendments made 
        by subsection (a) shall take effect on the date of the enactment 
        of this Act, and shall apply with respect to the assignment of 
        appellate military judges on or after that date.
            (2) Review amendments.--The amendments made by subsections 
        (b) and (c) shall take effect on the date of the enactment of 
        this Act, and shall apply with respect to any case in which 
        every finding of guilty entered into the record under section 
        860c of title 10, United States Code (article 60c of the Uniform

[[Page 134 STAT. 3613]]

        Code of Military Justice), is for an offense that occurred on or 
        after that date.
SEC. 543. PRESERVATION OF COURT-MARTIAL RECORDS.

    Section 940a of title 10, United States Code (article 140a of the 
Uniform Code of Military Justice), is amended by adding at the end the 
following new subsection:
    ``(d) <<NOTE: Time period.>>  Preservation of Court-Martial Records 
Without Regard to Outcome.--The standards and criteria prescribed by the 
Secretary of Defense under subsection (a) shall provide for the 
preservation of general and special court-martial records, without 
regard to the outcome of the proceeding concerned, for not fewer than 15 
years.''.
SEC. 544. AVAILABILITY OF RECORDS FOR NATIONAL INSTANT CRIMINAL 
                        BACKGROUND CHECK SYSTEM.

    Section 101(b) of the NICS Improvement Amendments Act of 2007 (34 
U.S.C. 40911(b)) is amended--
            (1) by redesignating paragraph (2) as paragraph (3); and
            (2) by inserting after paragraph (1) the following new 
        paragraph (2):
            ``(2) Department of defense.--
                    ``(A) <<NOTE: Deadline.>>  In general.--Not later 
                than 3 business days after the final disposition of a 
                judicial proceeding conducted within the Department of 
                Defense, the Secretary of Defense shall make available 
                to the Attorney General records which are relevant to a 
                determination of whether a member of the Armed Forces 
                involved in such proceeding is disqualified from 
                possessing or receiving a firearm under subsection (g) 
                or (n) of section 922 of title 18, United States Code, 
                for use in background checks performed by the National 
                Instant Criminal Background Check System.
                    ``(B) Judicial proceeding defined.--In this 
                paragraph, the term `judicial proceeding' means a 
                hearing--
                          ``(i) of which the person received actual 
                      notice; and
                          ``(ii) at which the person had an opportunity 
                      to participate with counsel.''.
SEC. 545. <<NOTE: 10 USC 1552 note.>>  REMOVAL OF PERSONALLY 
                        IDENTIFYING AND OTHER INFORMATION OF 
                        CERTAIN PERSONS FROM INVESTIGATIVE 
                        REPORTS, THE DEPARTMENT OF DEFENSE CENTRAL 
                        INDEX OF INVESTIGATIONS, AND OTHER RECORDS 
                        AND DATABASES.

    (a) <<NOTE: Deadline.>>  Policy and Process Required.--Not later 
than October 1, 2021, the Secretary of Defense shall establish and 
maintain a policy and process through which any covered person may 
request that the person's name, personally identifying information, and 
other information pertaining to the person shall, in accordance with 
subsection (c), be corrected in, or expunged or otherwise removed from, 
the following:
            (1) A law enforcement or criminal investigative report of 
        the Department of Defense or any component of the Department.
            (2) An index item or entry in the Department of Defense 
        Central Index of Investigations (DCII).
            (3) Any other record maintained in connection with a report 
        described in paragraph (1), or an index item or entry described

[[Page 134 STAT. 3614]]

        in paragraph (2), in any system of records, records database, 
        records center, or repository maintained by or on behalf of the 
        Department.

    (b) <<NOTE: Definition.>>  Covered Persons.--For purposes of this 
section, a covered person is any person whose name was placed or 
reported, or is maintained--
            (1) in the subject or title block of a law enforcement or 
        criminal investigative report of the Department of Defense (or 
        any component of the Department);
            (2) as an item or entry in the Department of Defense Central 
        Index of Investigations; or
            (3) in any other record maintained in connection with a 
        report described in paragraph (1), or an index item or entry 
        described in paragraph (2), in any system of records, records 
        database, records center, or repository maintained by or on 
        behalf of the Department.

    (c) Elements.--The policy and process required by subsection (a) 
shall include the following elements:
            (1) <<NOTE: Determinations.>>  Basis for correction or 
        expungement.--That the name, personally identifying information, 
        and other information of a covered person shall be corrected in, 
        or expunged or otherwise removed from, a report, item or entry, 
        or record described in paragraphs (1) through (3) of subsection 
        (a) in the following circumstances:
                    (A) Probable cause did not or does not exist to 
                believe that the offense for which the person's name was 
                placed or reported, or is maintained, in such report, 
                item or entry, or record occurred, or insufficient 
                evidence existed or exists to determine whether or not 
                such offense occurred.
                    (B) Probable cause did not or does not exist to 
                believe that the person actually committed the offense 
                for which the person's name was so placed or reported, 
                or is so maintained, or insufficient evidence existed or 
                exists to determine whether or not the person actually 
                committed such offense.
                    (C) Such other circumstances, or on such other 
                bases, as the Secretary may specify in establishing the 
                policy and process, which circumstances and bases may 
                not be inconsistent with the circumstances and bases 
                provided by subparagraphs (A) and (B).
            (2) <<NOTE: Determination.>>  Considerations.--While not 
        dispositive as to the existence of a circumstance or basis set 
        forth in paragraph (1), the following shall be considered in the 
        determination whether such circumstance or basis applies to a 
        covered person for purposes of this section:
                    (A) The extent or lack of corroborating evidence 
                against the covered person concerned with respect to the 
                offense at issue.
                    (B) Whether adverse administrative, disciplinary, 
                judicial, or other such action was initiated against the 
                covered person for the offense at issue.
                    (C) The type, nature, and outcome of any action 
                described in subparagraph (B) against the covered 
                person.
            (3) Procedures.--The policy and process required by 
        subsection (a) shall include procedures as follows:
                    (A) Procedures under which a covered person may 
                appeal a determination of the applicable component of 
                the

[[Page 134 STAT. 3615]]

                Department of Defense denying, whether in whole or in 
                part, a request for purposes of subsection (a).
                    (B) Procedures under which the applicable component 
                of the Department will correct, expunge or remove, take 
                other appropriate action on, or assist a covered person 
                in so doing, any record maintained by a person, 
                organization, or entity outside of the Department to 
                which such component provided, submitted, or transmitted 
                information about the covered person, which information 
                has or will be corrected in, or expunged or removed 
                from, Department records pursuant to this section.
                    (C) <<NOTE: Timeline.>>  The timeline pursuant to 
                which the Department, or a component of the Department, 
                as applicable, will respond to each of the following:
                          (i) A request pursuant to subsection (a).
                          (ii) An appeal under the procedures required 
                      by subparagraph (A).
                          (iii) A request for assistance under the 
                      procedures required by subparagraph (B).
                    (D) <<NOTE: Notification.>>  Mechanisms through 
                which the Department will keep a covered person apprised 
                of the progress of the Department on a covered person's 
                request or appeal as described in subparagraph (C).

    (d) Applicability.--The policy and process required to be developed 
by the Secretary under subsection (a) shall not be subject to the notice 
and comment rulemaking requirements under section 553 of title 5, United 
States Code.
    (e) Report.--Not later than October 1, 2021, the Secretary shall 
submit to the Committees on Armed Services of the Senate and the House 
of Representatives a report on the actions taken to carry out this 
section, including a comprehensive description of the policy and process 
developed and implemented by the Secretary under subsection (a).
SEC. 546. BRIEFING ON MENTAL HEALTH SUPPORT FOR VICARIOUS TRAUMA 
                        FOR CERTAIN PERSONNEL IN THE MILITARY 
                        JUSTICE SYSTEM.

    (a) <<NOTE: Deadline.>>  Briefing Required.--Not later than 180 days 
after the date of the enactment of this Act, the Judge Advocates General 
of the Army, the Navy, and the Air Force and the Staff Judge Advocate to 
the Commandant of the Marine Corps shall jointly brief the Committees on 
Armed Services of the Senate and the House of Representatives on the 
mental health support for vicarious trauma provided to personnel in the 
military justice system specified in subsection (b).

    (b) Personnel.--The personnel specified in this subsection are the 
following:
            (1) Court-martial convening authorities who are members of 
        the Armed Forces.
            (2) Trial counsel.
            (3) Defense counsel.
            (4) Military judges.
            (5) Special Victims' Counsel.
            (6) Military investigative personnel.

    (c) <<NOTE: Assessments.>>  Elements.--The briefing required by 
subsection (a) shall include the following:

[[Page 134 STAT. 3616]]

            (1) A description and assessment of the mental health 
        support for vicarious trauma provided to personnel in the 
        military justice system specified in subsection (b), including a 
        description of the support services available and the support 
        services being used.
            (2) A description and assessment of mechanisms to eliminate 
        or reduce stigma in the pursuit by such personnel of such mental 
        health support.
            (3) An assessment of the feasibility and advisability of 
        providing such personnel with breaks between assignments or 
        cases as part of such mental health support in order to reduce 
        the effects of vicarious trauma.
            (4) A description and assessment of the extent, if any, to 
        which duty of such personnel on particular types of cases, or in 
        particular caseloads, contributes to vicarious trauma, and of 
        the extent, if any, to which duty on such cases or caseloads has 
        an effect on retention of such personnel in the Armed Forces.
            (5) A description of the extent, if any, to which such 
        personnel are screened or otherwise assessed for vicarious 
        trauma before discharge or release from the Armed Forces.
            (6) Such other matters in connection with the provision of 
        mental health support for vicarious trauma to such personnel as 
        the Judge Advocates General and the Staff Judge Advocate jointly 
        consider appropriate.
SEC. 547. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON 
                        IMPLEMENTATION BY THE ARMED FORCES OF 
                        RECENT GAO RECOMMENDATIONS AND STATUTORY 
                        REQUIREMENTS ON ASSESSMENT OF RACIAL, 
                        ETHNIC, AND GENDER DISPARITIES IN THE 
                        MILITARY JUSTICE SYSTEM.

    (a) <<NOTE: Study.>>  Report Required.--The Comptroller General of 
the United States shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report, in writing, on a 
study, conducted by the Comptroller General for purposes of the report, 
on the implementation by the Armed Forces of the following:
            (1) The recommendations in the May 2019 report of the 
        General Accountability Office entitled ``Military Justice: DOD 
        and the Coast Guard Need to Improve Their Capabilities to Assess 
        Racial and Gender Disparities'' (GAO-19-344).
            (2) Requirements in section 540I(b) of the National Defense 
        Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 
        Stat. 1369; 10 U.S.C. 810 note), relating to assessments covered 
        by such recommendations.

    (b) Elements.--The report required by subsection (a) shall include, 
for each recommendation and requirement specified in that subsection, 
the following:
            (1) A description of the actions taken or planned by the 
        Department of Defense, the military department concerned, or the 
        Armed Force concerned to implement such recommendation or 
        requirement.
            (2) An assessment of the extent to which the actions taken 
        to implement such recommendation or requirement, as described 
        pursuant to paragraph (1), are effective or meet the intended 
        objective.

[[Page 134 STAT. 3617]]

            (3) Any other matters in connection with such recommendation 
        or requirement, and the implementation of such recommendation or 
        requirement by the Armed Forces, that the Comptroller General 
        considers appropriate.

    (c) <<NOTE: Deadline. Recommenda- tions.>>  Briefings.--Not later 
than May 1, 2021, the Comptroller General shall provide the committees 
referred to in subsection (a) one or more briefings on the status of the 
study required by that subsection, including any preliminary findings 
and recommendations of the Comptroller General as a result of the study 
as of the date of such briefing.
SEC. 548. LEGAL ASSISTANCE FOR VETERANS AND SURVIVING SPOUSES AND 
                        DEPENDENTS.

    (a) Availability of Legal Assistance at Facilities of Department of 
Veterans Affairs.--
            (1) In general.--Chapter 59 of title 38, United States Code, 
        is amended by adding at the end the following new section:
``Sec. 5906. <<NOTE: 38 USC 5906.>>  Availability of legal 
                  assistance at Department facilities

    ``(a) <<NOTE: Time period.>>  In General.--Not less frequently than 
three times each year, the Secretary shall facilitate the provision by a 
qualified legal assistance clinic of pro bono legal assistance described 
in subsection (c) to eligible individuals at not fewer than one medical 
center of the Department of Veterans Affairs, or such other facility of 
the Department as the Secretary considers appropriate, in each State.

    ``(b) Eligible Individuals.--For purposes of this section, an 
eligible individual is--
            ``(1) any veteran;
            ``(2) any surviving spouse; or
            ``(3) any child of a veteran who has died.

    ``(c) Pro Bono Legal Assistance Described.--The pro bono legal 
assistance described in this subsection is the following:
            ``(1) Legal assistance with any program administered by the 
        Secretary.
            ``(2) Legal assistance associated with--
                    ``(A) improving the status of a military discharge 
                or characterization of service in the Armed Forces, 
                including through a discharge review board; or
                    ``(B) seeking a review of a military record before a 
                board of correction for military or naval records.
            ``(3) Such other legal assistance as the Secretary--
                    ``(A) considers appropriate; and
                    ``(B) determines may be needed by eligible 
                individuals.

    ``(d) Limitation on Use of Facilities.--Space in a medical center or 
facility designated under subsection (a) shall be reserved for and may 
only be used by the following, subject to review and removal from 
participation by the Secretary:
            ``(1) A veterans service organization or other nonprofit 
        organization.
            ``(2) A legal assistance clinic associated with an 
        accredited law school.
            ``(3) A legal services organization.
            ``(4) A bar association.

[[Page 134 STAT. 3618]]

            ``(5) Such other attorneys and entities as the Secretary 
        considers appropriate.

    ``(e) Legal Assistance in Rural Areas.--In carrying out this 
section, the Secretary shall ensure that pro bono legal assistance is 
provided under subsection (a) in rural areas.
    ``(f) Definition of Veterans Service Organization.--In this section, 
the term `veterans service organization' means any organization 
recognized by the Secretary for the representation of veterans under 
section 5902 of this title.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 59 of such title <<NOTE: 38 USC 5901 
        prec.>>  is amended by adding at the end the following new item:

``5906. Availability of legal assistance at Department facilities.''.

    (b) <<NOTE: 38 USC 5906 note.>>  Pilot Program to Establish and 
Support Legal Assistance Clinics.--
            (1) Pilot program required.--
                    (A) <<NOTE: Deadline. Assessment.>>  In general.--
                Not later than one year after the date of the enactment 
                of this Act, the Secretary of Veterans Affairs shall 
                establish a pilot program to assess the feasibility and 
                advisability of awarding grants to eligible entities to 
                establish new legal assistance clinics, or enhance 
                existing legal assistance clinics or other pro bono 
                efforts, for the provision of pro bono legal assistance 
                described in subsection (c) of section 5906 of title 38, 
                United States Code, as added by subsection (a), on a 
                year-round basis to individuals who served in the Armed 
                Forces, including individuals who served in a reserve 
                component of the Armed Forces, and who were discharged 
                or released therefrom, regardless of the conditions of 
                such discharge or release, at locations other than 
                medical centers and facilities described in subsection 
                (a) of such section.
                    (B) Rule of construction.--Nothing in subparagraph 
                (A) shall be construed to limit or affect--
                          (i) the provision of pro bono legal assistance 
                      to eligible individuals at medical centers and 
                      facilities of the Department of Veterans Affairs 
                      under section 5906(a) of title 38, United States 
                      Code, as added by subsection (a); or
                          (ii) any other legal assistance provided pro 
                      bono at medical centers or facilities of the 
                      Department as of the date of the enactment of this 
                      Act.
            (2) Eligible entities.--For purposes of the pilot program, 
        an eligible entity is--
                    (A) a veterans service organization or other 
                nonprofit organization specifically focused on assisting 
                veterans;
                    (B) an entity specifically focused on assisting 
                veterans and associated with an accredited law school;
                    (C) a legal services organization or bar 
                association; or
                    (D) such other type of entity as the Secretary 
                considers appropriate for purposes of the pilot program.
            (3) <<NOTE: Grants. Determination.>>  Locations.--The 
        Secretary shall ensure that at least one grant is awarded under 
        paragraph (1)(A) to at least one eligible entity in each State, 
        if the Secretary determines that there is such an entity in a 
        State that has applied for, and meets requirements for the award 
        of, such a grant.

[[Page 134 STAT. 3619]]

            (4) Duration.--The Secretary shall carry out the pilot 
        program during the five-year period beginning on the date on 
        which the Secretary establishes the pilot program.
            (5) Application.--An eligible entity seeking a grant under 
        the pilot program shall submit to the Secretary an application 
        therefore at such time, in such manner, and containing such 
        information as the Secretary may require.
            (6) Selection.--The Secretary shall select eligible entities 
        who submit applications under paragraph (5) for the award of 
        grants under the pilot program using a competitive process that 
        takes into account the following:
                    (A) Capacity of the applicant entity to serve 
                veterans and ability of the entity to provide sound 
                legal advice.
                    (B) Demonstrated need of the veteran population the 
                applicant entity would serve.
                    (C) Demonstrated need of the applicant entity for 
                assistance from the grants.
                    (D) Geographic diversity of applicant entities.
                    (E) Such other criteria as the Secretary considers 
                appropriate.
            (7) <<NOTE: Criteria.>>  Grantee reports.--Each recipient of 
        a grant under the pilot program shall, in accordance with such 
        criteria as the Secretary may establish, submit to the Secretary 
        a report on the activities of the recipient and how the grant 
        amounts were used.

    (c) Review of Pro Bono Eligibility of Federal Workers.--
            (1) <<NOTE: Consultation.>>  In general.--The Secretary of 
        Veterans Affairs shall, in consultation with the Attorney 
        General and the Director of the Office of Government Ethics, 
        conduct a review of the rules and regulations governing the 
        circumstances under which attorneys employed by the Federal 
        Government can provide pro bono legal assistance.
            (2) Recommendations.--In conducting the review required by 
        paragraph (1), the Secretary shall develop recommendations for 
        such legislative or administrative action as the Secretary 
        considers appropriate to facilitate greater participation by 
        Federal employees in pro bono legal and other volunteer services 
        for veterans.
            (3) <<NOTE: Deadlines.>>  Submittal to congress.--Not later 
        than one year after the date of the enactment of this Act, the 
        Secretary shall submit to the appropriate committees of 
        Congress--
                    (A) the findings of the Secretary with respect to 
                the review conducted under paragraph (1); and
                    (B) <<NOTE: Recommenda- tions.>>  the 
                recommendations developed by the Secretary under 
                paragraph (2).

    (d) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary shall submit to the appropriate committees of 
Congress a report on the status of the implementation of this section.
    (e) Definitions.--In this section:
            (1) Appropriate committees of congress.--The term 
        ``appropriate committees of Congress'' means--
                    (A) the Committee on Veterans' Affairs and the 
                Committee on Appropriations of the Senate; and
                    (B) the Committee on Veterans' Affairs and the 
                Committee on Appropriations of the House of 
                Representatives.

[[Page 134 STAT. 3620]]

            (2) Veterans service organization.--The term ``veterans 
        service organization'' means any organization recognized by the 
        Secretary for the representation of veterans under section 5902 
        of title 38, United States Code.
SEC. 549. CLARIFICATION OF TERMINATION OF LEASES OF PREMISES AND 
                        MOTOR VEHICLES OF SERVICEMEMBERS WHO INCUR 
                        CATASTROPHIC INJURY OR ILLNESS OR DIE 
                        WHILE IN MILITARY SERVICE.

    (a) Catastrophic Injuries and Illnesses.--Paragraph (4) of section 
305(a) of the Servicemembers Civil Relief Act (50 U.S.C. 3955(a)) is 
amended to read as follows:
            ``(4) Catastrophic injury or illness of lessee.--
                    ``(A) <<NOTE: Time period.>>  Termination.--If the 
                lessee on a lease described in subsection (b) incurs a 
                catastrophic injury or illness during a period of 
                military service or while performing covered service, 
                during the one-year period beginning on the date on 
                which the lessee incurs such injury or illness--
                          ``(i) the lessee may terminate the lease; or
                          ``(ii) in the case of a lessee who lacks the 
                      mental capacity to contract or to manage his or 
                      her own affairs (including disbursement of funds 
                      without limitation) due to such injury or illness, 
                      the spouse or dependent of the lessee may 
                      terminate the lease.
                    ``(B) Definitions.--In this paragraph:
                          ``(i) The term `catastrophic injury or 
                      illness' has the meaning given that term in 
                      section 439(g) of title 37, United States Code.
                          ``(ii) The term `covered service' means full-
                      time National Guard duty, active Guard and Reserve 
                      duty, or inactive-duty training (as such terms are 
                      defined in section 101(d) of title 10, United 
                      States Code).''.

    (b) Deaths.--Paragraph (3) of such section is amended by striking 
``The spouse of the lessee'' and inserting ``The spouse or dependent of 
the lessee''.
SEC. 549A. <<NOTE: 10 USC 1561 note prec.>>  MULTIDISCIPLINARY 
                          BOARD TO EVALUATE SUICIDE EVENTS.

    (a) Guidance Required.--The Secretary of Defense shall issue 
guidance that requires each suicide event involving of a member of a 
covered Armed Force to be reviewed by a multidisciplinary board 
established at the command or installation level, or by the Chief of the 
covered Armed Force. Such guidance shall require that, for each suicide 
event reviewed by such a board, the board shall--
            (1) clearly define the objective, purpose, and outcome of 
        the review;
            (2) take a multidisciplinary approach to the review and 
        include, as part of the review process, leaders of military 
        units, medical and mental health professionals, and 
        representatives of military criminal investigative 
        organizations; and
            (3) take appropriate steps to protect and share information 
        obtained from ongoing investigations into the event (such as 
        medical and law enforcement reports).

    (b) <<NOTE: Deadline.>>  Implementation by Covered Armed Forces.--
Not later than 90 days after the date on which the guidance is issued 
under subsection (a), the Chiefs of the covered Armed Forces shall 
implement the guidance.

[[Page 134 STAT. 3621]]

    (c) Progress Report.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees a report on the progress of the 
Secretary in implementing the guidance required under subsection (a).
    (d) Covered Armed Forces Defined.--In this section, the term 
``covered Armed Forces'' means the Army, Navy, Air Force, Marine Corps, 
and Space Force.
SEC. 549B. <<NOTE: 10 USC 1787 note.>>  IMPROVEMENTS TO DEPARTMENT 
                          OF DEFENSE TRACKING OF AND RESPONSE TO 
                          INCIDENTS OF CHILD ABUSE, ADULT CRIMES 
                          AGAINST CHILDREN, AND SERIOUS HARMFUL 
                          BEHAVIOR BETWEEN CHILDREN AND YOUTH 
                          INVOLVING MILITARY DEPENDENTS ON 
                          MILITARY INSTALLATIONS.

    (a) Improvements Required.--
            (1) In general.--The Secretary of Defense shall, consistent 
        with recommendations of the Comptroller General of the United 
        States in Government Accountability Office report GA0-20-110, 
        take actions in accordance with this section in order to improve 
        the efforts of the Department of Defense to track and respond to 
        incidents of serious harm to children involving dependents of 
        members of the Armed Forces that occur on military installations 
        (in this section referred to as ``covered incidents of serious 
        harm to children'').
            (2) Serious harm to children defined.--In this section, the 
        term ``serious harm to children'' includes the following:
                    (A) Caregiver child abuse involving physical abuse, 
                sexual abuse, emotional abuse, or neglect.
                    (B) Non-caregiver adult crimes against children.
                    (C) Serious harmful behaviors between children and 
                youth of a physical, sexual, or emotional nature.

    (b) Data Collection and Tracking of Incidents of Harm to Children.--
            (1) Non-caregiver adult crimes against children.--The 
        Secretary of Defense shall establish a process for the 
        Department of Defense to track reported covered incidents of 
        serious harm to children described in subsection (a)(2)(B) in 
        which the alleged offender is an adult who is not a parent, 
        guardian, or someone in a caregiving role at the time of the 
        incident. The information so tracked shall comport with the 
        information tracked by the Department in reported covered 
        incidents of serious harm to children in which the alleged 
        offender is a parent, guardian, or someone in a caregiving role 
        at the time of the incident.
            (2) Serious harmful behaviors between children and youth.--
                    (A) <<NOTE: Database. Determination.>>  In 
                general.--The Secretary of Defense shall develop and 
                maintain in the Department of Defense a centralized 
                database to track incidents of serious harmful behaviors 
                between children and youth described in subsection 
                (a)(2)(C), including information across the Department 
                on problematic sexual behavior in children and youth 
                that are reported to an appropriate office, as 
                determined by the Secretary, or investigated by a 
                military criminal investigative organization, regardless 
                of whether the

[[Page 134 STAT. 3622]]

                alleged offender was another child, an adult, or someone 
                in a non-caregiving role at the time of an incident.
                    (B) Elements.--The centralized database required by 
                this paragraph shall include, for each incident within 
                the database, the following:
                          (i) Information pertinent to a determination 
                      by the Department on whether such incident meets 
                      the definition of an incident of serious harmful 
                      behavior between children and youth.
                          (ii) The results of any investigation of such 
                      incident by a military criminal investigative 
                      organization.
                          (iii) Information on the ultimate disposition 
                      of the incident, if any, including any 
                      administrative or prosecutorial action taken.
                    (C) Annual reports on information.--The information 
                collected and maintained in the centralized database 
                required by this paragraph shall be reported on an 
                annual basis as part of the annual reports by the 
                Secretary on child abuse and domestic abuse in the 
                military as required by section 574 of the National 
                Defense Authorization Act for Fiscal Year 2017 (Public 
                Law 114-328; 130 Stat. 2141).
                    (D) <<NOTE: Deadline. Time period.>>  Briefings.--
                Not later than March 31, 2021, and every six months 
                thereafter until the centralized database required by 
                this paragraph is fully operational, the Secretary shall 
                brief the Committees on Armed Services of the Senate and 
                the House of Representatives on the status of the 
                database.
            (3) Department of defense reporting guidance.--The Secretary 
        of Defense shall issue guidance regarding which incidents of 
        serious harmful behavior between children and youth require 
        reporting to the Family Advocacy Program, a military criminal 
        investigative organization, or another component of the 
        Department of Defense designated by the Secretary.

    (c) Response Procedures for Incidents of Serious Harm to Children 
Reported to Family Advocacy Programs.--
            (1) Incident determination committee membership.--The 
        Secretary of Defense shall ensure that the voting membership of 
        each Incident Determination Committee, as defined in paragraph 
        (7), on a military installation includes medical personnel with 
        the knowledge and expertise required to determine whether a 
        reported incident of serious harm to a child meets the criteria 
        of the Department of Defense for treatment as child abuse.
            (2) Screening reported incidents of serious harm to 
        children.--
                    (A) <<NOTE: Determination.>>  Development of 
                standardized process.--The Secretary of Defense shall 
                develop a standardized process by which the Family 
                Advocacy Programs of the military departments screen 
                reported covered incidents of serious harm to children 
                to determine whether to present such incident to an 
                Incident Determination Committee.
                    (B) <<NOTE: Compliance.>>  Monitoring.--The 
                Secretary of each military department shall develop a 
                process to monitor the manner in which reported 
                incidents of serious harm to children are screened by 
                each installation under the jurisdiction of such 
                Secretary in order to ensure that such screening

[[Page 134 STAT. 3623]]

                complies with the standardized screening process 
                developed pursuant to subparagraph (A).
            (3) Required notifications.--
                    (A) Documentation.--The Secretary of each military 
                department shall require that installation Family 
                Advocacy Programs and military criminal investigative 
                organizations under the jurisdiction of such Secretary 
                document in their respective databases the date on which 
                they notified the other of a reported incident of 
                serious harm to a child.
                    (B) Oversight.--The Secretary of each military 
                department shall require that the Family Advocacy 
                Program of such military department, and the 
                headquarters of the military criminal investigative 
                organizations of such military department, develop 
                processes to oversee the documentation of notifications 
                required by subparagraph (A) in order to ensure that 
                such notifications occur on a consistent basis at 
                installation level.
            (4) Certified pediatric sexual assault forensic examiners.--
                    (A) Geographic regions for examiners.--The Secretary 
                of Defense shall specify geographic regions in which 
                military families reside for purposes of the 
                availability of and access to certified pediatric sexual 
                assault examiners in such regions.
                    (B) Availability.--The Secretary shall ensure that--
                          (i) one or more certified pediatric sexual 
                      assault examiners are located in each geographic 
                      region specified pursuant to subparagraph (A); and
                          (ii) examiners so located serve as certified 
                      pediatric sexual assault examiners throughout such 
                      region, without regard to Armed Force or 
                      installation.
            (5) Removal of children from unsafe homes overseas.--The 
        Secretary of Defense shall issue policy that clarifies and 
        standardizes across the Armed Forces the circumstances under 
        which a commander may remove a child from a potentially unsafe 
        home at an installation overseas.
            (6) Resource guide for victims of serious harm to 
        children.--
                    (A) In general.--The Secretary of each military 
                department shall develop and maintain a comprehensive 
                guide on resources available through the Department of 
                Defense and such military department for military 
                families under the jurisdiction of such Secretary who 
                are victims of serious harm to children.
                    (B) Elements.--Each guide under this paragraph shall 
                include the following:
                          (i) Information on the response processes of 
                      the Family Advocacy Programs and military criminal 
                      investigative organizations of the military 
                      department concerned.
                          (ii) <<NOTE: Lists.>>  Lists of available 
                      support services, such as legal, medical, and 
                      victim advocacy services, through the Department 
                      of Defense and the military department concerned.

[[Page 134 STAT. 3624]]

                    (C) Distribution.--A resource guide under this 
                paragraph shall be presented to a military family by an 
                installation Family Advocacy Program and military 
                criminal investigative personnel when a covered incident 
                of serious harm to a child involving a child in such 
                family is reported.
                    (D) Availability on internet.--A current version of 
                each resource guide under this paragraph shall be 
                available to the public on an Internet website of the 
                military department concerned available to the public.
            (7) Incident determination committee defined.--In this 
        subsection, the term ``Incident Determination Committee'' means 
        a committee established at a military installation that is 
        responsible for reviewing reported incidents of child abuse and 
        determining whether such incidents constitute serious harm to 
        children according to the applicable criteria of the Department 
        of Defense.

    (d) Coordination and Collaboration With Non-military Resources.--
            (1) Consultation with states.--The Secretary of Defense 
        shall--
                    (A) <<NOTE: Notification.>>  continue the outreach 
                efforts of the Department of Defense to the States in 
                order to ensure that States are notified when a member 
                of the Armed Forces or a military dependent is involved 
                in a reported incident of serious harm to a child off a 
                military installation; and
                    (B) <<NOTE: Memorandums.>>  increase efforts at 
                information sharing between the Department and the 
                States on such incidents of serious harm to children, 
                including entry into memoranda of understanding with 
                State child welfare agencies on information sharing in 
                connection with such incidents.
            (2) Collaboration with national children's alliance.--
                    (A) Memoranda of understanding.--The Secretary of 
                each military department shall seek to enter into a 
                memorandum of understanding with the National Children's 
                Alliance, or similar organization, under which--
                          (i) the children's advocacy center services of 
                      the Alliance are available to all installations in 
                      the continental United States under the 
                      jurisdiction of such Secretary; and
                          (ii) members of the Armed Forces under the 
                      jurisdiction of such Secretary are made aware of 
                      the nature and availability of such services.
                    (B) Participation of certain entities.--Each 
                memorandum of understanding under this paragraph shall 
                provide for the appropriate participation of the Family 
                Advocacy Program and military criminal investigative 
                organizations of the military department concerned in 
                activities under such memorandum of understanding.
                    (C) <<NOTE: Deadline.>>  Briefing.--Not later than 
                one year after the date of the enactment of this Act, 
                the Secretary of each military department shall provide 
                to the Committees on Armed Services of the Senate and 
                the House of Representatives a briefing on the status of 
                the development of a memorandum of understanding with 
                the National Children's Alliance under this paragraph, 
                together with information on which installations, if 
                any, under the jurisdiction of such Secretary have 
                entered into a written agreement with a

[[Page 134 STAT. 3625]]

                local children's advocacy center with respect to serious 
                harm to children on such installations.
SEC. 549C. INDEPENDENT ANALYSIS AND RECOMMENDATIONS ON DOMESTIC 
                          VIOLENCE IN THE ARMED FORCES.

    (a) Analysis and Recommendations.--
            (1) <<NOTE: Contracts.>>  In general.--The Secretary of 
        Defense shall seek to enter into a contract or other agreement 
        with an appropriate entity in the private sector (including a 
        Federally funded research and development center) for the 
        conduct of an analysis and the development of recommendations on 
        means to improve the effectiveness of the covered Armed Forces 
        in responding to and preventing domestic violence.
            (2) Expertise.--The entity with which the Secretary enters 
        into a contract or agreement pursuant to this section shall have 
        expertise in--
                    (A) scientific and other research relating to 
                domestic violence; and
                    (B) science-based strategies for the prevention, 
                intervention, and response to domestic violence.

    (b) Scope of Analysis and Recommendations.--Under the contract or 
agreement entered into pursuant to subsection (a), the entity concerned 
shall analyze and develop recommendations for the Secretary with respect 
to each of the following:
            (1) The risk of domestic violence at various stages of 
        military service, including identification of--
                    (A) stages at which there is a higher than average 
                risk of domestic violence; and
                    (B) stages at which the implementation of domestic 
                violence prevention strategies may have the greatest 
                preventive effect.
            (2) The use and dissemination of domestic violence 
        prevention resources throughout the stages of military service, 
        including providing new members with training in domestic 
        violence prevention.
            (3) Best practices for the targeting of domestic violence 
        prevention resources toward those with a higher risk of domestic 
        violence.
            (4) <<NOTE: Strategies.>>  Strategies to prevent domestic 
        violence by training, educating, and assigning prevention-
        related responsibilities to--
                    (A) commanders;
                    (B) medical, behavioral, and mental health service 
                providers;
                    (C) family advocacy program representatives;
                    (D) Military Family Life Consultants; and
                    (E) other individuals and entities with 
                responsibilities that may be relevant to addressing 
                domestic violence.
            (5) The efficacy of providing survivors of domestic violence 
        with the option to request expedited transfers, and the effects 
        of such transfers.
            (6) <<NOTE: Procedures.>>  Improvements to procedures for 
        reporting appropriate legal actions to the National Crime 
        Information Center, and the efficacy of such procedures.
            (7) The effects of domestic violence on--
                    (A) housing for military families;
                    (B) the education of military dependent children;

[[Page 134 STAT. 3626]]

                    (C) member work assignments and careers; and
                    (D) the health of members and their families, 
                including short-term and long-term health effects and 
                effects on mental health.
            (8) Age-appropriate training and education programs for 
        students attending schools operated by the Department of Defense 
        Education Activity that are designed to assist such students in 
        learning positive relationship behaviors in families and with 
        intimate partners.
            (9) The potential effects of requiring military protective 
        orders to be issued by a military judge, including whether such 
        a requirement would increase the enforcement of military 
        protective orders by civilian law enforcement agencies outside 
        the boundaries of military installations.
            (10) Whether prevention of domestic violence would be 
        enhanced by raising the disposition authority for offenses of 
        domestic violence to an officer who is--
                    (A) in grade 0-6 or above;
                    (B) in the chain of command of the accused; and
                    (C) authorized by chapter 47 of title 10, United 
                States Code (the Uniform Code of Military Justice), to 
                convene special courts martial.
            (11) Means of improving access to resources for survivors of 
        domestic violence throughout the stages of military service.
            (12) Any other matters the Secretary specifies in the 
        contract or agreement with respect to--
                    (A) decreasing the frequency of domestic violence 
                committed by or upon members of the covered Armed Forces 
                and their dependents; and
                    (B) reducing the severity of such violence.

    (c) Access to Information and Facilities.--The Secretary shall 
provide the entity with which the Secretary contracts or enters into an 
agreement pursuant to subsection (a) such access to information and 
facilities of the Department of Defense as the Secretary and the entity 
jointly consider appropriate for the analysis and development of 
recommendations required by the contract.
    (d) Report to Secretary of Defense.--
            (1) In general.--The contract or agreement pursuant to 
        subsection (a) shall require the entity with which the Secretary 
        contracts or enters into agreement to submit to the Secretary a 
        report on the analysis conducted and recommendations developed 
        by the entity under the contract or agreement by not later than 
        one year after the date of entry into the contract or agreement.
            (2) Elements.--The report required pursuant to paragraph (1) 
        shall include the following:
                    (A) A comprehensive description of the analysis 
                conducted by the entity concerned under the contract or 
                agreement.
                    (B) <<NOTE: List.>>  A list of the recommendations 
                developed by the entity, including, for each such 
                recommendation, a justification for such recommendation.
                    (C) Such other matters as the Secretary shall 
                specify in the contract or agreement.

    (e) Report to Congress.--
            (1) In general.--Not later than 180 days after receipt of 
        the report required pursuant to subsection (d), the Secretary

[[Page 134 STAT. 3627]]

        shall submit to the Committees on Armed Services of the Senate 
        and the House of Representatives a report on means to improve 
        the effectiveness of the covered Armed Forces in responding to 
        and preventing domestic violence.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) The report received by the Secretary pursuant to 
                subsection (d).
                    (B) For each recommendation included in the report 
                pursuant to subsection (d) by reason of paragraph (2)(B) 
                of that subsection--
                          (i) <<NOTE: Assessment.>>  an assessment by 
                      the Secretary of the feasibility and advisability 
                      of implementing such recommendation; and
                          (ii) if the Secretary considers the 
                      implementation of such recommendation feasible and 
                      advisable, a description of the actions taken, or 
                      to be taken, to implement such recommendation.
                    (C) Such other matters relating to the improvement 
                of the effectiveness of the covered Armed Forces in 
                responding to and preventing domestic violence as the 
                Secretary considers appropriate in light of the report 
                pursuant to subsection (d).

    (f) Funding.--Of the amount authorized to be appropriated for fiscal 
year 2021 for the Department of Defense by section 301 and available for 
operation and maintenance, Defense wide, as specified in the funding 
table in section 4301, $1,000,000 shall be available for contract or 
agreement entered into pursuant to subsection (a).
    (g) Covered Armed Forces Defined.--In this section, the term 
``covered Armed Forces'' means the Army, the Navy, the Air Force, and 
the Marine Corps.

                   Subtitle F--Diversity and Inclusion

SEC. 551. DIVERSITY AND INCLUSION REPORTING REQUIREMENTS AND 
                        RELATED MATTERS.

    (a) Standard Diversity and Inclusion Metrics and Annual Report 
Requirements.--
            (1) In general.--Section 113 of title 10, United States 
        Code, is amended--
                    (A) in subsection (c)--
                          (i) by redesignating paragraphs (2) and (3) as 
                      paragraphs (3) and (4), respectively; and
                          (ii) by inserting after paragraph (1) the 
                      following new paragraph (2):
            ``(2) a report from each military department on the status 
        of diversity and inclusion in such department;'';
                    (B) in subsection (g)(1)(B), by inserting after 
                clause (vi), the following new clause (vii):
            ``(vii) Strategic goals related to diversity and inclusion 
        in the armed forces, and an assessment of measures of 
        performance related to the efforts of the armed forces to 
        reflect the diverse population of the United States eligible to 
        serve in the armed forces.'';

[[Page 134 STAT. 3628]]

                    (C) by redesignating subsections (m) and (n) as 
                subsections (n) and (o), respectively; and
                    (D) by inserting after subsection (k) the following 
                new subsections (l) and (m):

    ``(l) <<NOTE: Coordination.>> (1) The Secretary of Defense, in 
coordination with the Secretary of the Department in which the Coast 
Guard is operating, shall establish metrics to measure--
            ``(A) efforts to reflect across all grades comprising the 
        officer and enlisted corps of each armed force the diverse 
        population of the United States eligible to serve in the armed 
        forces; and
            ``(B) the efforts of the armed forces to generate and 
        maintain a ready military force that will prevail in war, 
        prevent and deter conflict, defeat adversaries, and succeed in a 
        wide range of contingencies.

    ``(2) In implementing the requirement in paragraph (1), the 
Secretary of Defense, in coordination with the Secretary of the 
Department in which the Coast Guard is operating, shall--
            ``(A) <<NOTE: Data.>>  ensure that data elements, data 
        collection methodologies, and reporting processes and structures 
        pertinent to each metric established pursuant to that paragraph 
        are comparable across the armed forces, to the extent 
        practicable;
            ``(B) establish standard classifications that members of the 
        armed forces may use to self-identify their gender, race, or 
        ethnicity, which classifications shall be consistent with Office 
        of Management and Budget Number Directive 15, entitled `Race and 
        Ethnic Standards for Federal Statistics and Administrative 
        Reporting', or any successor directive;
            ``(C) define conscious and unconscious bias with respect to 
        matters of diversity and inclusion, and provide guidance to 
        eliminate such bias;
            ``(D) <<NOTE: Analysis. Reviews.>>  conduct a barrier 
        analysis to review demographic diversity patterns across the 
        military life cycle, starting with enlistment or accession into 
        the armed forces, in order to--
                    ``(i) identify barriers to increasing diversity;
                    ``(ii) <<NOTE: Plans.>>  develop and implement plans 
                and processes to resolve or eliminate any barriers to 
                diversity; and
                    ``(iii) review the progress of the armed forces in 
                implementing previous plans and processes to resolve or 
                eliminate barriers to diversity;
            ``(E) <<NOTE: Plans.>>  develop and implement plans and 
        processes to ensure that advertising and marketing to promote 
        enlistment or accession into the armed forces is representative 
        of the diverse population of the United States eligible to serve 
        in the armed forces; and
            ``(F) <<NOTE: Time period. Assessment. Recommenda- tions.>>  
        meet annually with the Secretaries of the military departments, 
        the Chairman of the Joint Chiefs of Staff, and the Chiefs of 
        Staff of the Armed Forces to assess progress toward diversity 
        and inclusion across the armed forces and to elicit 
        recommendations and advice for enhancing diversity and inclusion 
        in the armed forces

    ``(m) <<NOTE: Coordination. Reports.>>  Accompanying each national 
defense strategy provided to the congressional defense committees in 
accordance with subsection (g)(1)(D), the Secretary of Defense, in 
coordination with the Secretary of the Department in which the Coast 
Guard is operating, shall provide a report that sets forth a detailed 
discussion, current as of the preceding fiscal year, of the following:

[[Page 134 STAT. 3629]]

            ``(1) The number of officers and enlisted members of the 
        armed forces, including the reserve components, disaggregated by 
        gender, race, and ethnicity, for each grade in each armed force.
            ``(2) The number of members of the armed forces, including 
        the reserve components, who were promoted during the fiscal year 
        covered by such report, disaggregated by gender, race, and 
        ethnicity, for each grade in each armed force, and of the number 
        so promoted, the number promoted below, in, and above the 
        applicable promotion zone.
            ``(3) The number of members of the armed forces, including 
        the reserve components, who were enlisted or accessed into the 
        armed forces during the fiscal year covered by such report, 
        disaggregated by gender, race, and ethnicity, in each armed 
        force.
            ``(4) The number of graduates of each military service 
        academy during the fiscal year covered by such report, 
        disaggregated by gender, race, and ethnicity, for each military 
        department and the United States Coast Guard.
            ``(5) The number of members of the armed forces, including 
        the reserve components, who reenlisted or otherwise extended a 
        commitment to military service during the fiscal year covered by 
        such report, disaggregated by gender, race, and ethnicity, for 
        each grade in each armed force.
            ``(6) <<NOTE: Assessment.>>  An assessment of the pool of 
        officers best qualified for promotion to grades O-9 and O-10, 
        disaggregated by gender, race, and ethnicity, in each military 
        department and the United States Coast Guard.
            ``(7) Any other matter the Secretary considers 
        appropriate.''.
            (2) <<NOTE: Deadline. Web posting. 10 USC 113 note.>>  
        Public availability of reports.--Not later than 72 hours after 
        submitting to the congressional defense committees a report 
        required by subsection (m) of section 113 of title 10, United 
        States Code (as amended by paragraph (1)), the Secretary of 
        Defense shall make the report available on an Internet website 
        of the Department of Defense available to the 
        public. <<NOTE: Data.>>  In so making a report available, the 
        Secretary shall ensure that any data included in the report is 
        made available in a machine-readable format that is 
        downloadable, searchable, and sortable.
            (3) <<NOTE: 10 USC 113 note.>>  Construction of metrics.--
                    (A) With merit-based processes.--Any metric 
                established pursuant to subsection (l) of section 113 of 
                title 10, United States Code (as so amended), may not be 
                used in a manner that undermines the merit-based 
                processes of the Department of Defense and the Coast 
                Guard, including such processes for accession, 
                retention, and promotion.
                    (B) With other matters.--Any such metric may not be 
                used to identify or specify specific quotas based upon 
                diversity characteristics. The Secretary concerned shall 
                continue to account for diversified language and 
                cultural skills among the total force of the Armed 
                Forces.
            (4) Repeal of superseded reporting requirement.--Section 
        115a of title 10, United States Code, is amended--
                    (A) by striking subsection (g); and
                    (B) by redesignating subsection (h) as subsection 
                (g).

[[Page 134 STAT. 3630]]

    (b) Requirement to Consider All Best Qualified Officers for 
Promotion to O-9 and O-10 Grades.--
            (1) In general.--Section 601 of title 10, United States 
        Code, is amended by adding at the end the following new 
        subsection:

    ``(e) Prior to making a recommendation to the Secretary of Defense 
for the nomination of an officer for appointment to a position of 
importance and responsibility under this section, which appointment 
would result in the initial appointment of the officer concerned in the 
grade of lieutenant general or general in the Army, Air Force, or Marine 
Corps, vice admiral or admiral in the Navy, or the commensurate grades 
in the Space Force, the Secretary concerned shall consider all officers 
determined to be among the best qualified for such position.''.
            (2) Coast guard.--Section 305(a) of title 14, United States 
        Code, is amended by adding at the end the following new 
        paragraph:

    ``(4) Prior to making a recommendation to the President for the 
nomination of an officer for appointment to a position of importance and 
responsibility under this section, which appointment would result in the 
initial appointment of the officer concerned in the grade of vice 
admiral, the Commandant shall consider all officers determined to be 
among the best qualified for such position.''.
    (c) <<NOTE: Recommenda- tions.>>  Report on Findings of Defense 
Board on Diversity and Inclusion in the Military.--
            (1) In general.--Upon the completion by the Defense Board on 
        Diversity and Inclusion in the Military of its report on 
        actionable recommendations to increase diversity and ensure 
        equal opportunity across all grades of the Armed Forces, the 
        Secretary of Defense shall submit to the Committees on Armed 
        Services of the Senate and the House of Representatives a report 
        on the report of the Defense Board, including the findings and 
        recommendations of the Defense Board.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) A comprehensive description of the findings and 
                recommendations of the Defense Board in its report 
                referred to in paragraph (1).
                    (B) A comprehensive description of any actionable 
                recommendations of the Defense Board in its report.
                    (C) <<NOTE: Timeline.>>  A description of the 
                actions proposed to be undertaken by the Secretary in 
                connection with such recommendations, and a timeline for 
                implementation of such actions.
                    (D) <<NOTE: Data.>>  Any data used by the Defense 
                Board and in the development of its findings and 
                recommendations.
                    (E) <<NOTE: Assessment.>>  A description of the 
                resources used by the Defense Board for its report, and 
                a description and assessment of any shortfalls in such 
                resources for purposes of the Defense Board.

    (d) Defense Advisory Committee on Diversity and Inclusion in the 
Armed Forces Matters.--
            (1) Report.--At the same time the Secretary of Defense 
        submits the report required by subsection (c), the Secretary 
        shall also submit to the Committees on Armed Services of the 
        Senate and the House of Representatives a report on the

[[Page 134 STAT. 3631]]

        Defense Advisory Committee on Diversity and Inclusion in the 
        Armed Forces.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) The mission statement or purpose of the Advisory 
                Committee, and any proposed objectives and goals of the 
                Advisory Committee.
                    (B) A description of current members of the Advisory 
                Committee and the criteria used for selecting members.
                    (C) A description of the duties and scope of 
                activities of the Advisory Committee.
                    (D) The reporting structure of the Advisory 
                Committee.
                    (E) <<NOTE: Cost estimate.>>  An estimate of the 
                annual operating costs and staff years of the Advisory 
                Committee.
                    (F) <<NOTE: Estimate.>>  An estimate of the number 
                and frequency of meetings of the Advisory Committee.
                    (G) Any subcommittees, established or proposed, that 
                would support the Advisory Committee.
            (3) <<NOTE: Time period.>>  Notice and wait on 
        dissolution.--The Secretary may not dissolve the Defense 
        Advisory Committee on Diversity and Inclusion in the Armed 
        Forces until 60 days after the date on which the Secretary 
        submits to the committees of Congress specified in paragraph (1) 
        a notice on the dissolution of the Advisory Committee.
SEC. 
                        552. <<NOTE: Determinations. Notifications. Deadlines. Assessme
                        nts.>>  NATIONAL EMERGENCY EXCEPTION FOR 
                        TIMING REQUIREMENTS WITH RESPECT TO 
                        CERTAIN SURVEYS OF MEMBERS OF THE ARMED 
                        FORCES.

    (a) Members of Regular and Reserve Components.--Subsection (d) of 
section 481 of title 10, United States Code, is amended to read as 
follows:
    ``(d) <<NOTE: Time period.>>  When Surveys Required.--(1) The Armed 
Forces Workplace and Gender Relations Surveys of the Active Duty and the 
Armed Forces Workplace and Gender Relations Survey of the Reserve 
Components shall each be conducted once every two years. The surveys may 
be conducted within the same year or in two separate years, and shall be 
conducted in a manner designed to reduce the burden of the surveys on 
members of the armed forces.

    ``(2) <<NOTE: Time period.>>  The two Armed Forces Workplace and 
Equal Opportunity Surveys shall be conducted at least once every four 
years. The surveys may be conducted within the same year or in two 
separate years, and shall be conducted in a manner designed to reduce 
the burden of the surveys on members of the armed forces.

    ``(3)(A) The Secretary of Defense may postpone the conduct of a 
survey under this section if the Secretary determines that conducting 
such survey is not practicable due to a war or national emergency 
declared by the President or Congress.
    ``(B) The Secretary shall ensure that a survey postponed under 
subparagraph (A) is conducted as soon as practicable after the end of 
the period of war or national emergency concerned, or earlier if the 
Secretary determines appropriate.
    ``(C) The Secretary shall notify Congress of a determination under 
subparagraph (A) not later than 30 days after the date on which the 
Secretary makes such determination.''.
    (b) Cadets and Midshipmen.--

[[Page 134 STAT. 3632]]

            (1) United states military academy.--Section 7461(c) of 
        title 10, United States Code, is amended by adding at the end 
        the following new paragraph:

    ``(3)(A) The Secretary of Defense may postpone the conduct of an 
assessment under this subsection if the Secretary determines that 
conducting such assessment is not practicable due to a war or national 
emergency declared by the President or Congress.
    ``(B) The Secretary of Defense shall ensure that an assessment 
postponed under subparagraph (A) is conducted as soon as practicable 
after the end of the period of war or national emergency concerned, or 
earlier if the Secretary determines appropriate.
    ``(C) The Secretary of Defense shall notify Congress of a 
determination under subparagraph (A) not later than 30 days after the 
date on which the Secretary makes such determination.''.
            (2) United states naval academy.--Section 8480(c) of such 
        title is amended by adding at the end the following new 
        paragraph:

    ``(3)(A) The Secretary of Defense may postpone the conduct of an 
assessment under this subsection if the Secretary determines that 
conducting such assessment is not practicable due to a war or national 
emergency declared by the President or Congress.
    ``(B) The Secretary of Defense shall ensure that an assessment 
postponed under subparagraph (A) is conducted as soon as practicable 
after the end of the period of war or national emergency concerned, or 
earlier if the Secretary determines appropriate.
    ``(C) The Secretary of Defense shall notify Congress of a 
determination under subparagraph (A) not later than 30 days after the 
date on which the Secretary makes such determination.''.
            (3) United states air force academy.--Section 9461(c) of 
        such title is amended by adding at the end the following new 
        paragraph:

    ``(3)(A) The Secretary of Defense may postpone the conduct of an 
assessment under this subsection if the Secretary determines that 
conducting such assessment is not practicable due to a war or national 
emergency declared by the President or Congress.
    ``(B) The Secretary of Defense shall ensure that an assessment 
postponed under subparagraph (A) is conducted as soon as practicable 
after the end of the period of war or national emergency concerned, or 
earlier if the Secretary determines appropriate.
    ``(C) The Secretary of Defense shall notify Congress of a 
determination under subparagraph (A) not later than 30 days after the 
date on which the Secretary makes such determination.''.
    (c) Department of Defense Civilian Employees.--Section 481a of title 
10, United States Code, is amended by adding at the end the following 
new subsection:
    ``(d) Postponement.--(1) The Secretary of Defense may postpone the 
conduct of a survey under this section if the Secretary determines that 
conducting such survey is not practicable due to a war or national 
emergency declared by the President or Congress.
    ``(2) The Secretary shall ensure that a survey postponed under 
paragraph (1) is conducted as soon as practicable after the end of the 
period of war or national emergency concerned, or earlier if the 
Secretary determines appropriate.
    ``(3) The Secretary shall notify Congress of a determination under 
paragraph (1) not later than 30 days after the date on which the 
Secretary makes such determination.''.

[[Page 134 STAT. 3633]]

SEC. 553. <<NOTE: 10 USC 480 note prec.>>  QUESTIONS REGARDING 
                        RACISM, ANTI-SEMITISM, AND SUPREMACISM IN 
                        WORKPLACE SURVEYS ADMINISTERED BY THE 
                        SECRETARY OF DEFENSE.

    Section 593 of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116-92) <<NOTE: 133 Stat. 1415.>>  is amended--
            (1) by inserting ``(a) Questions Required.--'' before ``The 
        Secretary'';
            (2) in paragraph (1), by inserting ``, racist, anti-Semitic, 
        or supremacist'' after ``extremist''; and
            (3) by adding at the end the following new subsection:

    ``(b) <<NOTE: Deadline.>>  Briefing.--Not later than March 1, 2021, 
the Secretary shall provide to the Committees on Armed Services of the 
Senate and the House of Representatives a briefing including--
            ``(1) the text of the questions included in surveys under 
        subsection (a); and
            ``(2) which surveys include such questions.''.
SEC. 554. <<NOTE: 10 USC 141 note.>>  INSPECTOR GENERAL OVERSIGHT 
                        OF DIVERSITY AND INCLUSION IN DEPARTMENT 
                        OF DEFENSE; SUPREMACIST, EXTREMIST, OR 
                        CRIMINAL GANG ACTIVITY IN THE ARMED 
                        FORCES.

    (a) Establishment of Additional Deputy Inspector General of the 
Department of Defense.--
            (1) <<NOTE: Deadline. Appointment.>>  In general.--Not later 
        than 90 days after the date of the enactment of this Act, the 
        Secretary of Defense shall appoint, in the Office of the 
        Inspector General of the Department of Defense, an additional 
        Deputy Inspector General who--
                    (A) shall be a member of the Senior Executive 
                Service of the Department; and
                    (B) shall report directly to and serve under the 
                authority, direction, and control of the Inspector 
                General.
            (2) Duties.--Subject to the Inspector General Act of 1978 
        (Public Law 95-452; 5 U.S.C. App.), the Deputy Inspector General 
        shall have the following duties:
                    (A) Conducting and supervising audits, 
                investigations, and evaluations of policies, programs, 
                systems, and processes of the Department--
                          (i) to determine the effect of such policies, 
                      programs, systems, and processes regarding 
                      personnel on diversity and inclusion in the 
                      Department; and
                          (ii) to prevent and respond to supremacist, 
                      extremist, and criminal gang activity of a member 
                      of the Armed Forces, including the duties of the 
                      Inspector General under subsection (b).
                    (B) Additional duties prescribed by the Secretary or 
                Inspector General.
            (3) Coordination of efforts.--In carrying out the duties 
        under paragraph (2), the Deputy Inspector General shall 
        coordinate with, and receive the cooperation of the following:
                    (A) The Inspector General of the Army.
                    (B) The Inspector General of the Navy.
                    (C) The Inspector General of the Air Force.
                    (D) The other Deputy Inspectors General of the 
                Department.
            (4) Reports.--
                    (A) One-time report.--Not later than 180 days after 
                the date of the enactment of this Act, the Inspector 
                General

[[Page 134 STAT. 3634]]

                shall submit to the Committees on Armed Services of the 
                Senate and the House of Representatives a report 
                describing, with respect to the Deputy Inspector General 
                appointed under this subsection:
                          (i) the duties and responsibilities to be 
                      assigned to such Deputy Inspector General;
                          (ii) the organization, structure, staffing, 
                      and funding of the office established to support 
                      such Deputy Inspector General in the execution of 
                      such duties and responsibilities;
                          (iii) challenges to the establishment of such 
                      Deputy Inspector General and such office, 
                      including any shortfalls in personnel and funding; 
                      and
                          (iv) the date by which the Inspector General 
                      expects such Deputy Inspector General and the 
                      office will reach full operational capability.
                    (B) <<NOTE: Summary.>>  Semiannual reports.--Not 
                later than 30 days after the end of the second and 
                fourth quarters of each fiscal year beginning in fiscal 
                year 2022, the Deputy Inspector General shall submit to 
                the Secretary and the Inspector General a report 
                including a summary of the activities of the Deputy 
                Inspector General during the two fiscal quarters 
                preceding the date of the report.
                    (C) <<NOTE: Recommenda- tions.>>  Annual reports.--
                The Deputy Inspector General shall submit, through the 
                Secretary and Inspector General, to the Committees on 
                Armed Services of the Senate and the House of 
                Representatives annual reports presenting findings and 
                recommendations regarding--
                          (i) the effects of policies, programs, 
                      systems, and processes of the Department, 
                      regarding personnel, on diversity and inclusion in 
                      the Department; and
                          (ii) the effectiveness of such policies, 
                      programs, systems, and processes in preventing and 
                      responding to supremacist, extremist, and criminal 
                      gang activity of a member of the Armed Forces.
                    (D) Occasional reports.--The Deputy Inspector 
                General shall, from time to time, submit to the 
                Secretary and the Inspector General additional reports 
                as the Secretary or Inspector General may direct.
                    (E) <<NOTE: Public information. Deadline.>>  Online 
                publication.--The Deputy Inspector General shall publish 
                each report under this paragraph on a publicly 
                accessible website of the Department not later than 21 
                days after submitting such report to the Secretary, 
                Inspector General, or the Committees on Armed Services 
                of the Senate and the House of Representatives.

    (b) Establishment of Standard Policies, Processes, Tracking 
Mechanisms, and Reporting Requirements for Supremacist, Extremist, and 
Criminal Gang Activity in Certain Armed Forces.--
            (1) In general.--The Secretary of Defense shall establish 
        policies, processes, and mechanisms, standard across the covered 
        Armed Forces, that ensure that--
                    (A) all allegations (and related information) that a 
                member of a covered Armed Force has engaged in a 
                prohibited activity, are referred to the Inspector 
                General of the Department of Defense;

[[Page 134 STAT. 3635]]

                    (B) the Inspector General can document and track the 
                referral, for purposes of an investigation or inquiry of 
                an allegation described in paragraph (1), to--
                          (i) a military criminal investigative 
                      organization;
                          (ii) an inspector general;
                          (iii) a military police or security police 
                      organization;
                          (iv) a military commander;
                          (v) another organization or official of the 
                      Department; or
                          (vi) a civilian law enforcement organization 
                      or official;
                    (C) the Inspector General can document and track the 
                referral, to a military commander or other appropriate 
                authority, of the final report of an investigation or 
                inquiry described in subparagraph (B) for action;
                    (D) <<NOTE: Determination.>>  the Inspector General 
                can document the determination of whether a member 
                described in subparagraph (A) engaged in prohibited 
                activity;
                    (E) the Inspector General can document whether a 
                member of a covered Armed Force was subject to action 
                (including judicial, disciplinary, adverse, or 
                corrective administrative action) or no action, as the 
                case may be, based on a determination described in 
                subparagraph (D); and
                    (F) the Inspector General can provide, or track the 
                referral to a civilian law enforcement agency of, any 
                information described in this paragraph.
            (2) Report.--Not later than December 1 of each year 
        beginning after the date of the enactment of this Act, the 
        Secretary of Defense shall submit to the appropriate 
        congressional committees a report on the policies, processes, 
        and mechanisms implemented under paragraph (1). Each report 
        shall include, with respect to the fiscal year preceding the 
        date of the report, the following:
                    (A) The total number of referrals received by the 
                Inspector General under paragraph (1)(A);
                    (B) The total number of investigations and inquiries 
                conducted pursuant to a referral described in paragraph 
                (1)(B);
                    (C) The total number of members of a covered Armed 
                Force who, on the basis of determinations described in 
                paragraph (1)(D) that the members engaged in prohibited 
                activity, were subject to action described in paragraph 
                (1)(E), including--
                          (i) court-martial,
                          (ii) other criminal prosecution,
                          (iii) non-judicial punishment under Article 15 
                      of the Uniform Code of Military Justice; or
                          (iv) administrative action, including 
                      involuntary discharge from the Armed Forces, a 
                      denial of reenlistment, or counseling.
                    (D) The total number of members of a covered Armed 
                Force described in paragraph (1)(A) who were not subject 
                to action described in paragraph (1)(E), notwithstanding 
                determinations described in paragraph (1)(D) that such 
                members engaged in prohibited activity.

[[Page 134 STAT. 3636]]

                    (E) The total number of referrals described in 
                paragraph (1)(F).
            (3) Definitions.--In this subsection:
                    (A) The term ``appropriate congressional 
                committees'' means--
                          (i) the Committee on the Judiciary and the 
                      Committee on Armed Services of the Senate; and
                          (ii) the Committee on the Judiciary and the 
                      Committee on Armed Services of the House of 
                      Representatives.
                    (B) The term ``covered Armed Force'' means an Armed 
                Force under the jurisdiction of the Secretary of a 
                military department.
                    (C) The term ``prohibited activity'' means an 
                activity prohibited under Department of Defense 
                Instruction 1325.06, titled ``Handling Dissident and 
                Protest Activities Among Members of the Armed Forces'', 
                or any successor instruction.
SEC. 555. <<NOTE: 10 USC 1030 note prec.>>  POLICY TO IMPROVE 
                        RESPONSES TO PREGNANCY AND CHILDBIRTH BY 
                        CERTAIN MEMBERS OF THE ARMED FORCES.

    (a) Policy Required.--The Secretary of Defense, in coordination with 
the Secretaries of the military departments, shall develop a policy to 
ensure that the career of a member of the Armed Forces is not unduly 
affected because the member is a covered member. The policy shall 
address the following:
            (1) Enforcement and implementation of the applicable 
        requirements of the Pregnancy Discrimination Act (Public Law 95-
        555; 42 U.S.C. 2000e(k)).
            (2) <<NOTE: Determinations.>>  The need for individual 
        determinations regarding the ability of members of the Armed 
        Forces to serve during and after pregnancy.
            (3) Responses to the effects specific to covered members who 
        reintegrate into home life after deployment.
            (4) Education and training on pregnancy discrimination to 
        diminish stigma, stereotypes, and negative perceptions regarding 
        covered members, including with regards to commitment to the 
        Armed Forces and abilities.
            (5) Opportunities to maintain readiness when positions are 
        unfilled due to pregnancy, medical conditions arising from 
        pregnancy or childbirth, pregnancy convalescence, or parental 
        leave.
            (6) Reasonable accommodations for covered members in general 
        and specific accommodations based on career field or military 
        occupational specialty.
            (7) Consideration of deferments at military educational 
        institutions for covered members.
            (8) Extended assignments and performance reporting periods 
        for covered members.
            (9) A mechanism by which covered members may report 
        harassment or discrimination, including retaliation, relating to 
        being a covered member.

    (b) <<NOTE: Deadline.>>  Briefing.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary shall submit to the 
Committees on Armed Services of the Senate and House of 
Representatives--

[[Page 134 STAT. 3637]]

            (1) a briefing summarizing the policy developed under this 
        section; and
            (2) a copy of the policy.

    (c) Definitions.--In this section:
            (1) The term ``covered member'' means a member of an Armed 
        Force under the jurisdiction of the Secretary of a military 
        department who--
                    (A) is pregnant;
                    (B) gives birth to a child; or
                    (C) incurs a medical condition arising from 
                pregnancy or childbirth.
            (2) The term ``military educational institution'' means a 
        postsecondary educational institution established within the 
        Department of Defense.
SEC. 556. <<NOTE: 10 USC 1030 note prec.>>  TRAINING ON CERTAIN 
                        DEPARTMENT OF DEFENSE INSTRUCTIONS FOR 
                        MEMBERS OF THE ARMED FORCES.

    In accordance with Department of Defense Instruction 1300.17, dated 
September 1, 2020, and applicable law, the Secretary of Defense shall 
implement training on relevant Federal statutes, Department of Defense 
Instructions, and the regulations of each military department, including 
the responsibility of commanders to maintain good order and discipline.
SEC. 557. <<NOTE: 10 USC 501 note prec.>>  EVALUATION OF BARRIERS 
                        TO MINORITY PARTICIPATION IN CERTAIN UNITS 
                        OF THE ARMED FORCES.

    (a) Study Required.--
            (1) <<NOTE: Deadline. Contracts.>>  In general.--Not later 
        than 30 days after the date of the enactment of this Act, the 
        Under Secretary of Defense for Personnel and Readiness shall 
        seek to enter into an agreement with a federally funded research 
        and development center with relevant expertise to conduct an 
        evaluation of the barriers to minority participation in covered 
        units of the Armed Forces.
            (2) Elements.--The evaluation required under paragraph (1) 
        shall include the following elements:
                    (A) A description of the racial, ethnic, and gender 
                composition of covered units.
                    (B) A comparison of the participation rates of 
                minority populations in covered units to participation 
                rates of the general population as members and as 
                officers of the Armed Forces.
                    (C) A comparison of the percentage of minority 
                officers in the grade of O-7 or higher who have served 
                in each covered unit to such percentage for all such 
                officers in the Armed Force of that covered unit.
                    (D) An identification of barriers to minority 
                (including English language learners) participation in 
                the recruitment, accession, assessment, and training 
                processes.
                    (E) The status and effectiveness of the response to 
                the recommendations contained in the report of the RAND 
                Corporation titled ``Barriers to Minority Participation 
                in Special Operations Forces'' and any follow-up 
                recommendations.
                    (F) <<NOTE: Recommenda- tions.>>  Recommendations to 
                increase the numbers of minority officers in the Armed 
                Forces.
                    (G) <<NOTE: Recommenda- tions.>>  Recommendations to 
                increase minority participation in covered units.

[[Page 134 STAT. 3638]]

                    (H) Any other matters the Secretary determines 
                appropriate.
            (3) Report to congress.--The Secretary shall--
                    (A) submit to the congressional defense committees a 
                report on the results of the study by not later than 
                January 1, 2022; and
                    (B) <<NOTE: Briefings.>>  provide interim briefings 
                to such committees upon request.

    (b) Designation.--The study conducted under subsection (a) shall be 
known as the ``Study on Reducing Barriers to Minority Participation in 
Elite Units in the Armed Services''.
    (c) Implementation Required.--
            (1) <<NOTE: Deadline.>>  In general.--Except as provided in 
        paragraph (2), not later than March 1, 2023, the Secretary of 
        Defense shall commence the implementation of each recommendation 
        included in the final report submitted under subsection (a)(3).
            (2) Exceptions.--
                    (A) Delayed implementation.--The Secretary of 
                Defense may commence implementation of a recommendation 
                described paragraph (1) later than March 1, 2023, if--
                          (i) <<NOTE: Notice. Deadline.>>  the Secretary 
                      submits to the congressional defense committees, 
                      not later than January 1, 2023, written notice of 
                      the intent of the Secretary to delay 
                      implementation of the recommendation; and
                          (ii) includes, as part of such notice, a 
                      specific justification for the delay in 
                      implementing the recommendation.
                    (B) Nonimplementation.--The Secretary of Defense may 
                elect not to implement a recommendation described in 
                paragraph (1), if--
                          (i) <<NOTE: Notice. Deadline.>>  the Secretary 
                      submits to the congressional defense committees, 
                      not later than January 1, 2023, written notice of 
                      the intent of the Secretary not to implement the 
                      recommendation; and
                          (ii) includes, as part of such notice--
                                    (I) the reasons for the Secretary's 
                                decision not to implement the 
                                recommendation; and
                                    (II) <<NOTE: Summary.>>  a summary 
                                of alternative actions the Secretary 
                                will carry out to address the purposes 
                                underlying the recommendation.
            (3) Implementation plan.--For each recommendation that the 
        Secretary implements under this subsection, the Secretary shall 
        submit to the congressional defense committees an implementation 
        plan that includes--
                    (A) <<NOTE: Summary.>>  a summary of actions the 
                Secretary has carried out, or intends to carry out, to 
                implement the recommendation; and
                    (B) a schedule, with specific milestones, for 
                completing the implementation of the recommendation.

    (d) Covered Units Defined.--In this section, the term ``covered 
units'' means the following:
            (1) Army Special Forces.
            (2) Army Rangers.
            (3) Navy SEALs.
            (4) Air Force Combat Control Teams.
            (5) Air Force Pararescue.

[[Page 134 STAT. 3639]]

            (6) Air Force Special Reconnaissance.
            (7) Marine Raider Regiments.
            (8) Marine Corps Force Reconnaissance.
            (9) Coast Guard Maritime Security Response Team.
            (10) Any other forces designated by the Secretary of Defense 
        as special operations forces.
            (11) Pilot and navigator military occupational specialties.
SEC. 558. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON EQUAL 
                        OPPORTUNITY AT THE MILITARY SERVICE 
                        ACADEMIES.

    Not later than one year after the date of the enactment of this Act, 
the Comptroller General of the United States shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report that the following:
            (1) The aggregate number of equal opportunity claims filed 
        with respect to each military service academy during 2019 and 
        2020.
            (2) Of the number of claims specified pursuant to paragraph 
        (1) for each military service academy, the number of such claims 
        that were substantiated.
            (3) <<NOTE: Surveys. Time period.>>  The results of any 
        completed climate survey of cadets or midshipmen, as applicable, 
        conducted by each military service academy, and any authorized 
        organization external to such military service academy, during 
        the two-year period ending on December 31, 2020 (or such longer 
        period the Comptroller General determines appropriate).
            (4) <<NOTE: Analysis. Assessment.>>  An analysis of the data 
        reported pursuant to paragraphs (1) through (3), an assessment 
        whether the data indicates one or more trends in equal 
        opportunity at the military service academies, and, if so, a 
        description and assessment of each such trend.
            (5) <<NOTE: Assessment.>>  A description and assessment of 
        the Equal Opportunity programs and other programs to improve the 
        climate of each military service academy, based on matters 
        raised by equal opportunity claims, climate surveys, and such 
        other evidence or assessments the Comptroller General determines 
        appropriate, including an assessment whether such programs 
        address trends identified pursuant to the analysis conducted for 
        purposes of paragraph (4).

                   Subtitle G--Decorations and Awards

SEC. 561. EXTENSION OF TIME TO REVIEW WORLD WAR I VALOR MEDALS.

    (a) In General.--Section 584(f) of the National Defense 
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 
1281) <<NOTE: 10 USC 7271 note.>>  is amended by striking ``five'' and 
inserting ``six''.

    (b) <<NOTE: 10 USC 7271 note.>>  Effective Date.--The amendment made 
by subsection (a) shall take effect as if enacted on the date of the 
enactment of the National Defense Authorization Act for Fiscal Year 2020 
(Public Law 116-92; 133 Stat. 1281).
SEC. 562. <<NOTE: President.>>  AUTHORIZATIONS FOR CERTAIN AWARDS.

    (a) Distinguished-Service Cross to Ramiro F. Olivo for Acts of Valor 
During the Vietnam War.--

[[Page 134 STAT. 3640]]

            (1) Authorization.--Notwithstanding the time limitations 
        specified in section 7274 of title 10, United States Code, or 
        any other time limitation with respect to the awarding of 
        certain medals to persons who served in the Armed Forces, the 
        President may award the Distinguished-Service Cross under 
        section 7272 of such title to Ramiro F. Olivo for the acts of 
        valor described in paragraph (2).
            (2) Acts of valor described.--The acts of valor described in 
        this paragraph are the actions of Ramiro F. Olivo on May 9, 
        1968, as a member of the Army serving in the Republic of 
        Vietnam.

    (b) Medal of Honor to Ralph Puckett, Jr., for Acts of Valor During 
the Korean War.--
            (1) Authorization.--Notwithstanding the time limitations 
        specified in section 7274 of title 10, United States Code, or 
        any other time limitation with respect to the awarding of 
        certain medals to persons who served in the Armed Forces, the 
        President may award the Medal of Honor under section 7271 of 
        such title to Ralph Puckett, Jr. for the acts of valor described 
        in paragraph (2).
            (2) Acts of valor described.--The acts of valor described in 
        this paragraph are the actions of Ralph Puckett, Jr. on November 
        25 and 26, 1950, as a member of the Army serving in Korea, for 
        which he was awarded the Distinguished-Service Cross.

    (c) Medal of Honor to Dwight M. Birdwell for Acts of Valor During 
the Vietnam War.--
            (1) Authorization.--Notwithstanding the time limitations 
        specified in section 7274 of title 10, United States Code, or 
        any other time limitation with respect to the awarding of 
        certain medals to persons who served in the Armed Forces, the 
        President may award the Medal of Honor under section 7271 of 
        such title to Dwight M. Birdwell for the acts of valor described 
        in paragraph (2).
            (2) Acts of valor described.--The acts of valor described in 
        this paragraph are the actions of Dwight M. Birdwell on January 
        31, 1968, as a member of the Army serving in the Republic of 
        Vietnam, for which he was awarded the Silver Star.

    (d) Medal of Honor to Alwyn C. Cashe for Acts of Valor During 
Operation Iraqi Freedom.--
            (1) Authorization.--Notwithstanding the time limitations 
        specified in section 7274 of title 10, United States Code, or 
        any other time limitation with respect to the awarding of 
        certain medals to persons who served in the Armed Forces, the 
        President may award the Medal of Honor under section 7271 of 
        such title to Alwyn C. Cashe for the acts of valor described in 
        paragraph (2).
            (2) Acts of valor described.--The acts of valor described in 
        this paragraph are the actions of Alwyn C. Cashe on October 17, 
        2005, as a member of the Army serving in Iraq in support of 
        Operation Iraqi Freedom, for which he was posthumously awarded 
        the Silver Star.

    (e) Medal of Honor to Earl D. Plumlee for Acts of Valor During 
Operation Enduring Freedom.--
            (1) Authorization.--Notwithstanding the time limitations 
        specified in section 7274 of title 10, United States Code, or

[[Page 134 STAT. 3641]]

        any other time limitation with respect to the awarding of 
        certain medals to persons who served in the Armed Forces, the 
        President may award the Medal of Honor under section 7271 of 
        such title to Earl D. Plumlee for the acts of valor described in 
        paragraph (2).
            (2) Acts of valor described.--The acts of valor described in 
        this paragraph are the actions of Earl D. Plumlee on August 28. 
        2013, as a member of the Army serving in Afghanistan in support 
        of Operation Enduring Freedom, for which he was awarded the 
        Silver Star.
SEC. 563. FEASIBILITY STUDY ON ESTABLISHMENT OF SERVICE MEDAL FOR 
                        RADIATION-EXPOSED VETERANS.

    (a) Study Required; Report.--Not later than May 1, 2021, the 
Secretary of Defense shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report containing the 
results of a study assessing the feasibility of establishing a service 
medal to award to radiation-exposed veterans.
    (b) Elements.--The report shall contain the following:
            (1) <<NOTE: Analysis.>>  An analysis of how the decorations 
        and awards of the Department of Defense have been updated to 
        reflect the nature of military service across generations and 
        conflicts.
            (2) <<NOTE: Assessment.>>  An assessment of the conditions 
        of service of radiation-exposed veterans.
            (3) <<NOTE: Plan.>>  Any plan of the Secretary to recognize 
        (by means of a decoration or award) current, retired, or former 
        members of the Armed Forces exposed to toxic materials or 
        environments in the course of military service, including 
        radiation-exposed veterans.
            (4) <<NOTE: Assessment.>>  An assessment of the feasibility 
        of establishing an atomic veterans service device to be added to 
        the National Defense Service Medal or another appropriate medal.
            (5) <<NOTE: Determination. Costs.>>  A determination of the 
        direct or indirect costs to the Department that would arise from 
        the establishment of such a device or other appropriate medal.
            (6) Any other element the Secretary determines appropriate.

    (c) Meeting Required.--In the course of the feasibility study, the 
Secretary shall hold no fewer than one meeting with representatives of 
organizations that advocate for radiation-exposed veterans (including 
leadership of the National Association of Atomic Veterans, Inc.) to 
discuss the study and to work with such organizations on steps towards a 
mutually agreeable and timely recognition of the valued service of 
radiation-exposed veterans.
    (d) Radiation-exposed Veteran Defined.--In this section, the term 
``radiation-exposed veteran'' has the meaning given that term in section 
1112 of title 38, United States Code.
SEC. 564. EXPRESSING SUPPORT FOR THE DESIGNATION OF SILVER STAR 
                        SERVICE BANNER DAY.

    Congress supports the designation of a ``Silver Star Service Banner 
Day'' and recommends that the President issues each year a proclamation 
calling on the people of the United States to observe Silver Star 
Service Banner Day with appropriate programs, ceremonies, and 
activities.

[[Page 134 STAT. 3642]]

   Subtitle H--Member Education, Training, Transition, and Resilience

SEC. 571. MENTORSHIP AND CAREER COUNSELING PROGRAM FOR OFFICERS TO 
                        IMPROVE DIVERSITY IN MILITARY LEADERSHIP.

    (a) Program Required.--
            (1) In general.--Section 656 of title 10, United States 
        Code, is amended--
                    (A) by redesignating subsections (b) through (e) as 
                subsections (c) through (f), respectively; and
                    (B) by inserting after subsection (a) the following 
                new subsection (b):

    ``(b) Mentoring and Career Counseling Program.--
            ``(1) Program required as part of plan.--With the goal of 
        having the diversity of the population of officers serving in 
        each branch, specialty, community, and grade of each armed force 
        reflect the diversity of the population in such armed force as a 
        whole, the Secretary of Defense and the Secretary of the 
        Department in which the Coast Guard is operating shall include 
        in the plan required by subsection (a) a mentoring and career 
        counseling program for officers.
            ``(2) Elements.--The program required by this subsection 
        shall include the following:
                    ``(A) The option for any officer to participate in 
                the program.
                    ``(B) For each officer who elects to participate in 
                the program, the following:
                          ``(i) One or more opportunities for mentoring 
                      and career counseling before selection of the 
                      officer's branch, specialty, or community.
                          ``(ii) Ongoing opportunities for mentoring and 
                      career counseling following selection of the 
                      officer's branch, specialty, or community, and 
                      continuing through the officer's military career.
                    ``(C) Mentoring and counseling during opportunities 
                under subparagraph (B) consisting of the following:
                          ``(i) Information on officer retention and 
                      promotion rates in each grade, branch, specialty, 
                      and community of the armed force concerned, 
                      including the rate at which officers in each 
                      branch, specialty, or community of such armed 
                      force are promoted to a grade above O-6.
                          ``(ii) Information on career and service 
                      pathways, including service in the reserve 
                      components.
                          ``(iii) Such other information as may be 
                      required to optimize the ability of an officer to 
                      make informed career decisions through the 
                      officer's military career.''.
            (2) Performance metrics.--Subsection (c) of such section, as 
        redesignated by paragraph (1)(A), is amended--
                    (A) in the subsection heading, by inserting ``and 
                Mentoring and Career Counseling Program'' after 
                ``Developing and Implementing Plan''; and
                    (B) by inserting ``and the mentoring and career 
                counseling program under subsection (b)'' after ``the 
                plan under subsection (a)''.

[[Page 134 STAT. 3643]]

            (3) Conforming and clerical amendments.--
                    (A) Heading amendment.--The heading of such section 
                is amended to read as follows:
``Sec. 656. Diversity in military leadership: plan; mentoring and 
                career counseling program''.
                    (B) Table of sections.--The table of sections at the 
                beginning of chapter 37 of such title <<NOTE: 10 USC 651 
                prec.>>  is amended by striking the item relating to 
                section 656 and inserting the following new item:

``656. Diversity in military leadership: plan; mentoring and career 
           counseling program.''.

    (b) Report.--
            (1) <<NOTE: Coordination.>>  In general.--Not later than 270 
        days after the date of the enactment of this Act, the Secretary 
        of Defense shall, in coordination with the Secretary of the 
        Department in which the Coast Guard is operating, submit to the 
        appropriate committees of Congress a report on the mentoring and 
        career counseling program established pursuant to subsection (b) 
        of section 656 of title 10, United States Code (as amended by 
        subsection (a)).
            (2) Elements.--The report under paragraph (1) shall include 
        the following:
                    (A) A description of the manner in which each Armed 
                Force will implement the mentoring and counseling 
                program,
                    (B) A description of the metrics that will be used 
                to measure progress in developing and implementing the 
                mentoring and career counseling program.
                    (C) For each Armed Force, an explanation whether the 
                mentoring and career counseling program will be carried 
                out as part of another program of such Armed Force or 
                through the establishment of a separate subprogram or 
                subprograms of such Armed Force.
                    (D) A description of the additional resources, if 
                any, that will be required to implement the mentoring 
                and career counseling program, including the specific 
                number of additional personnel authorizations that will 
                be required to staff the program.
                    (E) Such other information on the mentoring and 
                career counseling program as the Secretary of Defense 
                and the Secretary of the Department in which the Coast 
                Guard is operating consider appropriate.
            (3) Appropriate committees of congress defined.--In this 
        subsection, the term ``appropriate committees of Congress'' 
        means--
                    (A) the Committee on Armed Services and the 
                Committee on Commerce, Science, and Transportation of 
                the Senate; and
                    (B) the Committee on Armed Services and the 
                Committee on Transportation and Infrastructure of the 
                House of Representatives.
SEC. 572. EXPANSION OF SKILLBRIDGE PROGRAM TO INCLUDE THE COAST 
                        GUARD.

    Section 1143(e) of title 10, United States Code, is amended--

[[Page 134 STAT. 3644]]

            (1) in paragraph (1), by striking ``of a military 
        department'' and inserting ``concerned'';
            (2) in paragraph (3), by striking ``of the military 
        department''; and
            (3) in paragraph (4), by striking ``of Defense'' and 
        inserting ``concerned''.
SEC. 573. INCREASE IN NUMBER OF PERMANENT PROFESSORS AT THE UNITED 
                        STATES AIR FORCE ACADEMY.

    Section 9431(b)(4) of title 10, United States Code, is amended by 
striking ``23'' and inserting ``25''.
SEC. 574. <<NOTE: 10 USC 8431 note prec.>>  ADDITIONAL ELEMENTS 
                        WITH 2021 AND 2022 CERTIFICATIONS ON THE 
                        READY, RELEVANT LEARNING INITIATIVE OF THE 
                        NAVY.

    (a) Additional Elements With 2021 Certifications.--In submitting to 
Congress in 2021 the certifications required by section 545 of the 
National Defense Authorization Act for Fiscal Year 2018 (Public Law 115-
91; 131 Stat. 1396; 10 U.S.C. 8431 note prec.), relating to the Ready, 
Relevant Learning initiative of the Navy, the Secretary of the Navy 
shall also submit each of the following:
            (1) A framework for a life cycle sustainment plan for the 
        Ready, Relevant Learning initiative meeting the requirements in 
        subsection (b).
            (2) <<NOTE: Reports.>>  A report on the use of readiness 
        assessment teams in training addressing the elements specified 
        in subsection (c).

    (b) Life Cycle Sustainment Plan Framework.--The framework for a life 
cycle sustainment plan required by subsection (a)(1) shall address each 
of the following:
            (1) Product support management.
            (2) Supply support.
            (3) Packaging, handling, storage, and transportation.
            (4) Maintenance planning and management.
            (5) Design interface.
            (6) Sustainment engineering.
            (7) Technical data.
            (8) Computer resources.
            (9) Facilities and infrastructure.
            (10) Manpower and personnel.
            (11) Support equipment.
            (12) Training and training support.
            (13) Course content and relevance.
            (14) Governance, including the acquisition and program 
        management structure.
            (15) Such other elements in the life cycle sustainment of 
        the Ready, Relevant Learning initiative as the Secretary 
        considers appropriate.

    (c) <<NOTE: Assessments.>>  Report on Use of Readiness Assessment 
Teams.--The report required by subsection (a)(2) shall set forth the 
following:
            (1) A description and assessment of the extent to which the 
        Navy is currently using Engineering Readiness Assessment Teams 
        and Combat Systems Readiness Assessment Teams to conduct unit-
        level training and assistance in each capacity as follows:
                    (A) To augment non-Ready, Relevant Learning 
                initiative training.

[[Page 134 STAT. 3645]]

                    (B) As part of Ready, Relevant Learning initiative 
                training.
                    (C) To train students on legacy, obsolete, one of a 
                kind, or unique systems that are still widely used by 
                the Navy.
                    (D) To train students on military-specific systems 
                that are not found in the commercial maritime world.
            (2) A description and assessment of potential benefits, and 
        anticipated timelines and costs, in expanding Engineering 
        Readiness Assessment Team and Combat Systems Readiness 
        Assessment Team training in the capacities specified in 
        paragraph (1).
            (3) Such other matters in connection with the use of 
        readiness assessment teams in connection with the Ready, 
        Relevant Learning initiative as the Secretary considers 
        appropriate.

    (d) Life Cycle Sustainment Plan With 2022 Certifications.--In 
submitting to Congress in 2022 the certifications required by section 
545 of the National Defense Authorization Act for Fiscal Year 2018, the 
Secretary shall also submit the approved life cycle sustainment plan for 
the Ready, Relevant Learning initiative of the Navy, based on the 
framework for the plan developed for purposes of subsection (a)(1).
SEC. 575. <<NOTE: 10 USC 7442 note.>>  INFORMATION ON NOMINATIONS 
                        AND APPLICATIONS FOR MILITARY SERVICE 
                        ACADEMIES.

    (a) Nominations Portal.--
            (1) <<NOTE: Deadline. Consultation.>>  In general.--Not 
        later than two years after the date of the enactment of this 
        Act, the Secretary of Defense, in consultation with the 
        Superintendents of the military service academies, shall ensure 
        that there is a uniform online portal for all military service 
        academies that enables Members of Congress and other nominating 
        sources to nominate individuals for appointment to each academy 
        through a secure website.
            (2) Information collection and reporting.--The online portal 
        established under paragraph (1) shall have the ability to--
                    (A) collect, from each nominating source, the 
                demographic information described in subsection (b) for 
                each individual nominated to attend a military service 
                academy; and
                    (B) collect the information required to be included 
                in each annual report of the Secretary under subsection 
                (c) in a manner that enables the Secretary to 
                automatically compile such information when preparing 
                the report.
            (3) Availability of information.--The portal shall allow 
        Members of Congress, other nominating sources, and their 
        designees to view their past nomination records for all 
        application cycles.

    (b) Standard Classifications for Collection of Demographic Data.--
            (1) <<NOTE: Consultation.>>  Standards required.--The 
        Secretary, in consultation with the Superintendents of the 
        military service academies, shall establish standard 
        classifications that cadets, midshipmen, and applicants to the 
        academies may use to report gender, race, and ethnicity and to 
        provide other demographic information in connection with 
        admission to or enrollment in an academy.

[[Page 134 STAT. 3646]]

            (2) Consistency with omb guidance.--The standard 
        classifications established under paragraph (1) shall be 
        consistent with the standard classifications specified in Office 
        of Management and Budget Directive No. 15 (pertaining to race 
        and ethnic standards for Federal statistics and administrative 
        reporting) or any successor directive.
            (3) <<NOTE: Deadline.>>  Incorporation into applications and 
        records.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary shall incorporate the 
        standard classifications established under paragraph (1) into--
                    (A) applications for admission to the military 
                service academies; and
                    (B) the military personnel records of cadets and 
                midshipmen enrolled in such academies.

    (c) Annual Report on the Demographics Military Service Academy 
Applicants.--
            (1) Report required.--Not later than September 30 of each 
        year beginning after the establishment of the online portal, the 
        Secretary shall submit to the Committees on Armed Services of 
        the Senate and the House of Representatives a report on the 
        demographics of applicants to military service academies for the 
        most recently concluded application year.
            (2) Elements.--Each report under paragraph (1) shall 
        include, with respect to each military service academy, the 
        following:
                    (A) The number of individuals who submitted an 
                application for admission to the academy in the 
                application year covered by the report.
                    (B) Of the individuals who submitted an application 
                for admission to the academy in such year--
                          (i) the overall demographics of applicant 
                      pool, disaggregated by the classifications 
                      established under subsection (b);
                          (ii) the number and percentage who received a 
                      nomination, disaggregated by the classifications 
                      established under subsection (b);
                          (iii) the number and percentage who received 
                      an offer for appointment to the academy, 
                      disaggregated by the classifications established 
                      under subsection (b); and
                          (iv) the number and percentage who accepted an 
                      appointment to the academy, disaggregated by the 
                      classifications established under subsection (b).
            (3) Consultation.--In preparing each report under paragraph 
        (1), the Secretary shall consult with the Superintendents of the 
        military service academies.
            (4) Availability of reports and data.--The Secretary shall--
                    (A) <<NOTE: Public information. Web posting.>>  make 
                the results of each report under paragraph (1) available 
                on a publicly accessible website of the Department of 
                Defense; and
                    (B) <<NOTE: Data.>>  ensure that any data included 
                with the report is made available in a machine-readable 
                format that is downloadable, searchable, and sortable.

    (d) Definitions.--In this section:

[[Page 134 STAT. 3647]]

            (1) The term ``application year'' means the period beginning 
        on January 1 of one year and ending on June 1 of the following 
        year.
            (2) The term ``machine-readable'' has the meaning given that 
        term in section 3502(18) of title 44, United States Code.
            (3) The term ``military service academy'' means--
                    (A) the United States Military Academy;
                    (B) the United States Naval Academy; and
                    (C) the United States Air Force Academy.
SEC. 576. REPORT ON POTENTIAL IMPROVEMENTS TO CERTAIN MILITARY 
                        EDUCATIONAL INSTITUTIONS OF THE DEPARTMENT 
                        OF DEFENSE.

    (a) <<NOTE: Consultation. Review. Assessment.>>  Report Required.--
Not later than December 1, 2021, the Secretary of Defense, in 
consultation with the Chairman of the Joint Chiefs of Staff, shall 
submit to the Committees on Armed Services of the Senate and the House 
of Representatives a report setting forth the results of a review and 
assessment, obtained by the Secretary for purposes of the report, of the 
potential effects on the military education provided by the educational 
institutions of the Department of Defense specified in subsection (b) of 
the actions described in subsection (c).

    (b) Educational Institutions of the Department of Defense.--The 
educational institutions of the Department of Defense specified in this 
subsection are the following:
            (1) The senior level service schools and intermediate level 
        service schools (as such terms are defined in section 2151(b) of 
        title 10, United States Code).
            (2) The Air Force Institute of Technology.
            (3) The National Defense University.
            (4) The Joint Special Operations University.
            (5) The Army Armament Graduate School.
            (6) Any other military educational institution of the 
        Department specified by the Secretary for purposes of this 
        section.

    (c) Actions.--The actions described in this subsection with respect 
to the educational institutions of the Department of Defense specified 
in subsection (b) are the following:
            (1) Modification of admission and graduation requirements.
            (2) Expansion of use of case studies in curricula for 
        professional military education.
            (3) Reduction or expansion of degree-granting authority.
            (4) Reduction or expansion of the acceptance of research 
        grants.
            (5) Reduction or expansion of the number of attending 
        students generally.
            (6) Modification of military personnel career milestones in 
        order to prioritize instructor positions.
            (7) Increase in educational and performance requirements for 
        military personnel selected to be instructors.
            (8) Expansion of visiting or adjunct faculty.
            (9) Modification of civilian faculty management practices, 
        including employment practices.
            (10) Reduction of the number of attending students through 
        the sponsoring of education of an increased number of students 
        at non-Department of Defense institutions of higher education.

[[Page 134 STAT. 3648]]

    (d) <<NOTE: Assessments.>>  Additional Elements.--In addition to the 
matters described in subsection (a), the review and report under this 
section shall also include the following:
            (1) <<NOTE: Summary.>>  A consolidated summary that lists 
        all components of the professional military education enterprise 
        of the Department of Defense, including all associated schools, 
        programs, research centers, and support activities.
            (2) <<NOTE: Time period.>>  For each component identified 
        under paragraph (1), the assigned personnel strength, annual 
        student throughput, and budget details of the three fiscal years 
        preceding the date of the report.
            (3) An assessment of the differences between admission 
        standards and graduation requirements of the educational 
        institutions of the Department of Defense specified in 
        subsection (b) and such admission standards and graduation 
        requirements of public and private institutions of higher 
        education that the Secretary determines comparable to the 
        educational institutions of the Department of Defense.
            (4) An assessment of the requirements of the goals and 
        missions of the educational institutions of the Department of 
        Defense specified in subsection (b) and any need to adjust such 
        goals and missions to meet national security requirements of the 
        Department.
            (5) An assessment of the effectiveness and shortfalls of the 
        existing professional military education enterprise as measured 
        against graduate utilization, post-graduate evaluations, and the 
        education and force development requirements of the Chairman of 
        the Joint Chiefs of Staff and the Chiefs of the Armed Forces.
            (6) Any other matters the Secretary determines appropriate 
        for purposes of this section.
SEC. 577. COLLEGE OF INTERNATIONAL SECURITY AFFAIRS OF THE 
                        NATIONAL DEFENSE UNIVERSITY.

    (a) <<NOTE: Time period.>>  Prohibition.--The Secretary of Defense 
may not eliminate, divest, downsize, or reorganize the College of 
International Security Affairs, nor its satellite program, the Joint 
Special Operations Masters of Arts, of the National Defense University, 
or seek to reduce the number of students educated at the College, or its 
satellite program, until 30 days after the date on which the 
congressional defense committees receive the report required by 
subsection (c).

    (b) <<NOTE: Consultation.>>  Assessment, Determination, and 
Review.--The Under Secretary of Defense for Policy, in consultation with 
the Under Secretary of Defense for Personnel and Readiness, the 
Assistant Secretary of Defense for Special Operations/Low-Intensity 
Conflict, the Deputy Assistant Secretary of Defense for Counternarcotics 
and Global Threats, the Deputy Assistant Secretary of Defense for 
Stability and Humanitarian Affairs, the Deputy Assistant Secretary of 
Defense for Special Operations and Combating Terrorism, the Chief 
Financial Officer of the Department, the Chairman of the Joint Chiefs of 
Staff, and the Commander of United States Special Operations Command, 
shall--
            (1) assess requirements for joint professional military 
        education and civilian leader education in the counterterrorism, 
        irregular warfare, and asymmetrical domains to support the 
        Department and other national security institutions of the 
        Federal Government;

[[Page 134 STAT. 3649]]

            (2) determine whether the importance, challenges, and 
        complexity of the modern counterterrorism environment and 
        irregular and asymmetrical domains warrant--
                    (A) a college at the National Defense University, or 
                a college independent of the National Defense University 
                whose leadership is responsible to the Office of the 
                Secretary of Defense; and
                    (B) the provision of resources, services, and 
                capacity at levels that are the same as, or decreased or 
                enhanced in comparison to, those resources, services, 
                and capacity in place at the College of International 
                Security Affairs on January 1, 2019;
            (3) <<NOTE: Plan.>>  review the plan proposed by the 
        National Defense University for eliminating the College of 
        International Security Affairs and reducing and restructuring 
        the counterterrorism, irregular, and asymmetrical faculty, 
        course offerings, joint professional military education and 
        degree and certificate programs, and other services provided by 
        the College; and
            (4) assess the changes made to the College of International 
        Security Affairs since January 1, 2019, and the actions 
        necessary to reverse those changes, including relocating the 
        College and its associated budget, faculty, staff, students, and 
        facilities outside of the National Defense University.

    (c) Report Required.--Not later than February 1, 2021, the Secretary 
shall submit to the congressional defense committees a report on--
            (1) the findings of the Secretary with respect to the 
        assessments, determination, and review conducted under 
        subsection (b); and
            (2) <<NOTE: Recommenda- tions.>>  such recommendations as 
        the Secretary may have for higher education in the 
        counterterrorism, irregular, and asymmetrical domains.
SEC. 578. <<NOTE: 10 USC 2015 note.>>  IMPROVEMENTS TO THE 
                        CREDENTIALING OPPORTUNITIES ON-LINE 
                        PROGRAMS OF THE ARMED FORCES.

    (a) Study on Performance Measures.--The Secretary of Defense shall 
conduct a study to determine additional performance measures to evaluate 
the effectiveness of the Credentialing Opportunities On-Line programs 
(in this section referred to as the ``COOL programs'') of each Armed 
Force in connecting members of the Armed Forces with professional 
credential programs. The study shall include the following:
            (1) The percentage of members of the Armed Force concerned 
        described in section 1142(a) of title 10, United States Code, 
        who participate in a professional credential program through the 
        COOL program of the Armed Force concerned.
            (2) The percentage of members of the Armed Force concerned 
        described in paragraph (1) who have completed a professional 
        credential program described in that paragraph.
            (3) The amount of funds obligated and expended to execute 
        the COOL program of each Armed Force during the five fiscal 
        years immediately preceding the date of the study.
            (4) Any other element determined by the Secretary of 
        Defense.

    (b) Information Tracking.--The Secretary of Defense shall establish 
a process to standardize the tracking of information regarding the COOL 
programs across the Armed Forces.

[[Page 134 STAT. 3650]]

    (c) Coordination.--To carry out this section, the Secretary of 
Defense may coordinate with the Secretaries of Veterans Affairs and 
Labor.
    (d) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and House of Representatives a report on--
            (1) the study conducted under subsection (a); and
            (2) <<NOTE: Timeline.>>  the process established under 
        subsection (b), including a timeline to implement such process.
SEC. 579. GAO STUDY REGARDING TRANSFERABILITY OF MILITARY 
                        CERTIFICATIONS TO CIVILIAN OCCUPATIONAL 
                        LICENSES AND CERTIFICATIONS.

    (a) Study; Report.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committees on Armed Services of the Senate and House 
of Representatives a report containing the results of a study regarding 
the transferability of military certifications to civilian occupational 
licenses and certifications.
    (b) Elements.--The report under this section shall include the 
following:
            (1) Obstacles to transference of military certifications.
            (2) Any effects of the transferability of military 
        certifications on recruitment and retention.
            (3) Examples of certifications obtained from the Federal 
        Government that transfer to non-Federal employment.
            (4) <<NOTE: Assessment.>>  An assessment of the 
        effectiveness of the credentialing programs of each Armed Force.
SEC. 579A. REPORT REGARDING COUNTY, TRIBAL, AND LOCAL VETERANS 
                          SERVICE OFFICERS.

    (a) <<NOTE: Consultation.>>  Report Required.--Not later than 180 
days after the date of the enactment of this Act, the Secretary of 
Defense, in consultation with the Secretary of Veterans Affairs, shall 
submit to the Committees on Armed Services and on Veterans' Affairs of 
the House of Representatives and Senate a report regarding the effects 
of the presence of CVSOs at demobilization centers on members of the 
Armed Forces making the transition to civilian life.

    (b) Elements.--The report under this section shall include the 
following:
            (1) The number of demobilization centers that host CVSOs.
            (2) The locations of demobilization centers described in 
        paragraph (1).
            (3) Barriers to expanding the presence of CVSOs at 
        demobilization centers nationwide.
            (4) <<NOTE: Recommenda- tions.>>  Recommendations of the 
        Secretary of Defense regarding the presence of CVSOs at 
        demobilization centers.

    (c) CVSO Defined.--In this section, the term ``CVSO'' includes--
            (1) a county veterans service officer;
            (2) a Tribal veterans service officer;
            (3) a Tribal veterans representative; or
            (4) another State, Tribal, or local entity that the 
        Secretary of Defense determines appropriate.

[[Page 134 STAT. 3651]]

     Subtitle I--Military Family Readiness and Dependents' Education

SEC. 581. <<NOTE: 10 USC 1781 note.>>  FAMILY READINESS: 
                        DEFINITIONS; COMMUNICATION STRATEGY; 
                        REVIEW; REPORT.

    (a) <<NOTE: Deadline. Coordination.>>  Definitions.--Not later than 
six months after the date of the enactment of this Act, the Secretary of 
Defense, in coordination with the Secretaries of the military 
departments, shall act on recommendation one of the report, dated July 
2019, of the National Academies of Science, Engineering and Medicine, 
titled ``Strengthening the Military Family Readiness System for a 
Changing American Society'', by establishing definitions of ``family 
well-being'', ``family readiness'', and ``family resilience'' for use by 
the Department of Defense.

    (b) <<NOTE: Deadline. Coordination.>>  Communication Strategy.--Not 
later than 180 days after the date of the enactment of this Act, the 
Secretary of Defense, in coordination with the Secretaries of the 
military departments, shall--
            (1) ensure that the Secretary of Defense has carried out 
        section 561 of the National Defense Authorization Act for Fiscal 
        Year 2010 (10 U.S.C. 1781 note);
            (2) implement a strategy to use of a variety of modes of 
        communication to ensure the broadest means of communicating with 
        military families; and
            (3) establish a process to measure the effectiveness of the 
        modes of communication described in paragraph (2).

    (c) <<NOTE: Deadline.>>  Review.--Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
conduct a review of current programs, policies, services, resources, and 
practices of the Department for military families as outlined in 
recommendation four of the report described in subsection (a).

    (d) Report.--Not later than 60 days after completing the review 
under subsection (c), the Secretary of Defense shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report detailing the results of the review and how the 
Secretary shall improve programs, policies, services, resources, and 
practices for military families, based on the review.
SEC. 582. IMPROVEMENTS TO EXCEPTIONAL FAMILY MEMBER PROGRAM.

    (a) In General.--Section 1781c of title 10, United States Code is 
amended--
            (1) in subsection (b), by striking ``enhance'' and inserting 
        ``standardize, enhance,'';
            (2) in subsection (c)(1), by inserting ``and standard'' 
        after ``comprehensive'';
            (3) in subsection (d)--
                    (A) in paragraph (1), by striking ``update from time 
                to time'' and inserting ``regularly update'';
                    (B) in paragraph (3), by adding at the end the 
                following new subparagraphs:
            ``(C) Ability to request a second review of the approved 
        assignment within or outside the continental United States if 
        the member believes the location is inappropriate for the 
        member's family and would cause undue hardship.

[[Page 134 STAT. 3652]]

            ``(D) Protection from having a medical recommendation for an 
        approved assignment overridden by the commanding officer.
            ``(E) Ability to request continuation of location when there 
        is a documented substantial risk of transferring medical care or 
        educational services to a new provider or school at the specific 
        time of permanent change of station.''; and
                    (C) in paragraph (4)--
                          (i) in subparagraph (F), by striking ``of an 
                      individualized services plan (medical and 
                      educational)'' and inserting ``by an appropriate 
                      office of an individualized services plan (whether 
                      medical, educational, or both)''; and
                          (ii) by inserting after subparagraph (F) the 
                      following new subparagraphs:
            ``(H) Procedures for the development of an individualized 
        services plan for military family members with special needs who 
        have requested family support services and have a completed 
        family needs assessment.
            ``(I) Requirements to prohibit disenrollment from the 
        Exceptional Family Member Program unless there is new supporting 
        medical or educational information that indicates the original 
        condition is no longer present, and to track disenrollment data 
        in each armed force.''.

    (b) <<NOTE: Deadline. Coordination. 10 USC 1781c note.>>  
Standardization.--Not later than six months after the date of the 
enactment of this Act, the Secretary of Defense, in coordination with 
the Secretaries of the military departments, shall, to the extent 
practicable, standardize the Exceptional Family Member Program (in this 
section referred to as the ``EFMP'') across the military departments. 
The EFMP, standardized under this subsection, shall include the 
following:
            (1) Processes for the identification and enrollment of 
        dependents of covered members with special needs.
            (2) A process for the permanent change of orders for covered 
        members, to ensure seamless continuity of services at the new 
        permanent duty station.
            (3) If an order for assignment is declined for a military 
        family with special needs, the member will receive a reason for 
        the decline of that order.
            (4) A review process for installations to ensure that health 
        care furnished through the TRICARE program, special needs 
        education programs, and installation-based family support 
        programs are available to military families enrolled in the 
        EFMP.
            (5) A standardized respite care benefit across the covered 
        Armed Forces, including the number of hours available under such 
        benefit to military families enrolled in the EFMP.
            (6) Performance metrics for measuring, across the Department 
        and with respect to each military department, the following:
                    (A) Assignment coordination and support for military 
                families with special needs, including a systematic 
                process for evaluating each military department's 
                program for the support of military families with 
                special needs.
                    (B) The reassignment of military families with 
                special needs, including how often members request 
                reassignments, for what reasons, and from what military 
                installations.

[[Page 134 STAT. 3653]]

                    (C) The level of satisfaction of military families 
                with special needs with the family and medical support 
                they are provided.
            (7) <<NOTE: Requirement. Determinations.>>  A requirement 
        that the Secretary of each military department provide legal 
        services by an attorney, trained in education law, at each 
        military installation--
                    (A) the Secretary determines is a primary receiving 
                installation for military families with special needs; 
                and
                    (B) in a State that the Secretary determines has 
                historically not supported families enrolled in the 
                EFMP.
            (8) The option for a family enrolled in the EFMP to continue 
        to receive all services under that program and a family 
        separation allowance, if otherwise authorized, if--
                    (A) the covered member receives a new permanent duty 
                station; and
                    (B) the covered member and family elect for the 
                family not to relocate with the covered member.
            (9) The solicitation of feedback from military families with 
        special needs, and discussions of challenges and best practices 
        of the EFMP, using existing family advisory organizations.

    (c) <<NOTE: Coordination.>>  Case Management.--The Secretary of 
Defense, in coordination with the Secretaries of the military 
departments, shall develop an EFMP case management model, including the 
following:
            (1) A single EFMP office, located at the headquarters of 
        each covered Armed Force, to oversee implementation of the EFMP 
        and coordinate health care services, permanent change of station 
        order processing, and educational support services for that 
        covered Armed Force.
            (2) An EFMP office at each military installation with case 
        managers to assist each family of a covered member in the 
        development of a plan that addresses the areas specified in 
        subsection (b)(1).

    (d) <<NOTE: Recommenda- tions.>>  Report.--Not later than 180 days 
after the date of the enactment of the Act, the Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives a report on the implementation of this section, 
including any recommendations of the Secretary regarding additional 
legislation.

    (e) Definitions.--In this section:
            (1) The term ``covered Armed Force'' means an Armed Force 
        under the jurisdiction of the Secretary of a military 
        department.
            (2) The term ``covered member'' means a member--
                    (A) of a covered Armed Force; and
                    (B) with a dependent with special needs.
SEC. 583. SUPPORT SERVICES FOR MEMBERS OF SPECIAL OPERATIONS 
                        FORCES AND IMMEDIATE FAMILY MEMBERS.

    (a) In General.--Section 1788a of title 10, United States Code, is 
amended--
            (1) by striking the heading and inserting ``Support 
        programs: special operations forces personnel; immediate family 
        members'';
            (2) in subsection (a), by striking ``for the immediate 
        family members of members of the armed forces assigned to 
        special operations forces'';

[[Page 134 STAT. 3654]]

            (3) in subsection (b)(1), by striking ``the immediate family 
        members of members of the armed forces assigned to special 
        operations forces'' and inserting ``covered individuals'';
            (4) in subsection (d)(2)--
                    (A) in subparagraph (A), by striking ``family 
                members of members of the armed forces assigned to 
                special operations forces'' and inserting ``covered 
                individuals''; and
                    (B) in subparagraph (B), by striking ``family 
                members of members of the armed forces assigned to 
                special operations forces'' and inserting ``covered 
                individuals''; and
            (5) in subsection (e)(4)--
                    (A) by inserting ``psychological support, spiritual 
                support, and'' before ``costs'';
                    (B) by striking ``immediate family members of 
                members of the armed forces assigned to special 
                operations forces'' and inserting ``covered personnel''; 
                and
                    (C) by adding at the end the following:
            ``(5) The term `covered personnel' means--
                    ``(A) members of the Armed Forces (including the 
                reserve components) assigned to special operations 
                forces;
                    ``(B) service personnel assigned to support special 
                operations forces; and
                    ``(C) immediate family members of individuals 
                described in subparagraphs (A) and (B).''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 88 of title 10, United States Code, <<NOTE: 10 USC 1781 prec.>>  
is amended by striking the item relating to section 1788a and inserting 
the following:

``1788a. Support programs: special operations forces personnel; 
           immediate family members.''.

SEC. 584. RESPONSIBILITY FOR ALLOCATION OF CERTAIN FUNDS FOR 
                        MILITARY CHILD DEVELOPMENT PROGRAMS.

    Section 1791 of title 10, United States Code, is amended--
            (1) by striking ``It is the policy'' and inserting the 
        following:

    ``(a) Policy.--It is the policy''; and
            (2) by adding at the end the following new subsection:

    ``(b) Responsibility for Allocations of Certain Funds.--The 
Secretary of Defense shall be responsible for the allocation of Office 
of the Secretary of Defense level funds for military child development 
programs for children from birth through 12 years of age, and may not 
delegate such responsibility to the military departments.''.
SEC. 585. MILITARY CHILD CARE AND CHILD DEVELOPMENT CENTER 
                        MATTERS.

    (a) Center Fees Matters.--Section 1793 of title 10, United States 
Code, is amended by adding at the end the following new subsection:
    ``(c) Family Discount.--In the case of a family with two or more 
children attending a child development center, the regulations 
prescribed pursuant to subsection (a) may require that installations 
commanders charge a fee for attendance at the center of any child of the 
family after the first child of the family in amount equal to 85 percent 
of the amount of the fee otherwise chargeable for the attendance of such 
child at the center.''.
    (b) Reports on Installations With Extreme Imbalance Between Demand 
for and Availability of Child Care.--Not

[[Page 134 STAT. 3655]]

later than one year after the date of the enactment of this Act, each 
Secretary of a military department shall submit to Congress a report on 
the military installations under the jurisdiction of such Secretary with 
an extreme imbalance between demand for child care and availability of 
child care. Each report shall include, for the military department 
covered by such report, the following:
            (1) The name of the five installations of the military 
        department experiencing the most extreme imbalance between 
        demand for child care and availability of child care.
            (2) <<NOTE: Assessments.>>  For each installation named 
        pursuant to subparagraph (A), the following:
                    (A) An assessment whether civilian employees at 
                child development centers at such installation have 
                rates of pay and benefits that are competitive with 
                other civilian employees on such installation and with 
                the civilian labor pool in the vicinity of such 
                installation.
                    (B) A description and assessment of various 
                incentives to encourage military spouses to become 
                providers under the Family Child Care program at such 
                installation.
                    (C) <<NOTE: Recommenda- tions.>>  Such 
                recommendations at the Secretary of the military 
                department concerned considers appropriate to address 
                the imbalance between demand for child care and 
                availability of child care at such installation, 
                including recommendations to enhance the competitiveness 
                of civilian child care positions at such installation 
                with other civilian positions at such installation and 
                the civilian labor pool in the vicinity of such 
                installation.
SEC. 586. EXPANSION OF FINANCIAL ASSISTANCE UNDER MY CAREER 
                        ADVANCEMENT ACCOUNT PROGRAM.

    Section 580F of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116-92) <<NOTE: 10 USC 1784a note.>>  is amended--
            (1) by inserting ``(a) Professional License or 
        Certification; Associate's Degree.--'' before ``The Secretary'';
            (2) by inserting ``or maintenance (including continuing 
        education courses)'' after ``pursuit''; and
            (3) by adding at the end the following new subsection:

    ``(b) National Testing.--Financial assistance under subsection (a) 
may be applied to the costs of national tests that may earn a 
participating military spouse course credits required for a degree 
approved under the program (including the College Level Examination 
Program tests).''.
SEC. 587. <<NOTE: 10 USC 1784 note.>>  IMPROVEMENTS TO PARTNER 
                        CRITERIA OF THE MILITARY SPOUSE EMPLOYMENT 
                        PARTNERSHIP PROGRAM.

    (a) <<NOTE: Deadline.>>  Evaluation; Updates.--Not later than 180 
days after the date of the enactment of this Act, the Secretary of 
Defense shall evaluate the partner criteria set forth in the Military 
Spouse Employment Partnership Program (in this section referred to as 
the ``MSEP Program'') and implement updates that the Secretary 
determines will improve such criteria without diminishing the need for 
partners to exhibit sound business practices, broad diversity efforts, 
and relative financial stability. Such updates may expand the number of 
the following entities that meet such criteria:
            (1) Institutions of primary, secondary, and higher 
        education.
            (2) Software and coding companies.
            (3) Local small businesses.

[[Page 134 STAT. 3656]]

            (4) Companies that employ telework.

    (b) <<NOTE: Consultation. Contracts.>>  New Partnerships.--Upon 
completion of the evaluation under subsection (a), the Secretary, in 
consultation with the Department of Labor, shall seek to enter into 
agreements with entities described in paragraphs (1) through (4) of 
subsection (a) that are located near military installations (as that 
term is defined in section 2687 of title 10, United States Code).

    (c) <<NOTE: Public information. Web posting.>>  Review; Report.--Not 
later than one year after implementation under subsection (a), the 
Secretary shall review updates under subsection (a) and publish a report 
regarding such review on a publicly-accessible website of the Department 
of Defense. <<NOTE: Data.>>  Such report shall include the following:
            (1) <<NOTE: Implementation plan.>>  The results of the 
        evaluation of the MSEP Program, including the implementation 
        plan for any change to partnership criteria.
            (2) Data on the new partnerships undertaken as a result of 
        the evaluation, including the type, size, and location of the 
        partner entities.
            (3) Data on the utility of the MSEP Program, including--
                    (A) the number of military spouses who have applied 
                through the MSEP Program;
                    (B) the average length of time a job is available 
                before being filled or removed from the MSEP Program 
                portal; and
                    (C) the average number of new jobs posted on the 
                MSEP Program portal each month.
SEC. 588. <<NOTE: 10 USC 1791 note.>>  24-HOUR CHILD CARE.

    (a) 24-Hour Child Care.--If the Secretary of Defense determines it 
feasible, pursuant to the study conducted pursuant to subsection (b), 
the Secretary shall furnish child care to each child of a member of the 
Armed Forces or civilian employee of the Department of Defense while 
that member or employee works on rotating shifts at a military 
installation.
    (b) Feasibility Study; Report.--Not later than 270 days after the 
date of the enactment of this Act, the Secretary of Defense shall submit 
to the Committees on Armed Services of the Senate and the House of 
Representatives a report setting forth the results of a study, conducted 
by the Secretary for purposes of this section, on the feasibility of 
furnishing child care described in subsection (a).
    (c) Elements.--The report required by subsection (b) shall include 
the following:
            (1) The results of the study described in that subsection.
            (2) <<NOTE: Determinations.>>  If the Secretary determines 
        that furnishing child care available as described in subsection 
        (a) is feasible, such matters as the Secretary determines 
        appropriate in connection with furnishing such child care, 
        including--
                    (A) an identification of the installations at which 
                such child care would be beneficial to members of the 
                Armed Forces, civilian employees of the Department, or 
                both;
                    (B) an identification of any barriers to making such 
                child care available at the installations identified 
                pursuant to subparagraph (A);
                    (C) <<NOTE: Assessment.>>  an assessment whether the 
                child care needs of members of the Armed Forces and 
                civilian employees of

[[Page 134 STAT. 3657]]

                the Department described in subsection (a) would be 
                better met by an increase in assistance for child care 
                fees;
                    (D) <<NOTE: Assessment.>>  a description and 
                assessment of the actions, if any, being taken to 
                furnish such child care at the installations identified 
                pursuant to subparagraph (A); and
                    (E) <<NOTE: Recommenda- tions.>>  such 
                recommendations for legislative or administrative action 
                the Secretary determines appropriate to make such child 
                care available at the installations identified pursuant 
                to subparagraph (A), or at any other military 
                installation.
SEC. 589. <<NOTE: 10 USC 1791 note.>>  PILOT PROGRAM TO PROVIDE 
                        FINANCIAL ASSISTANCE TO MEMBERS OF THE 
                        ARMED FORCES FOR IN-HOME CHILD CARE.

    (a) <<NOTE: Deadlines.>>  Establishment.--Not later than March 1, 
2021, the Secretary of Defense shall establish a pilot program to 
provide financial assistance to members of the Armed Forces who pay for 
services provided by in-home child care 
providers. <<NOTE: Determinations.>>  In carrying out the pilot program, 
the Secretary shall take the following steps:
            (1) Determine the needs of military families who request 
        services provided by in-home child care providers.
            (2) Determine the appropriate amount of financial assistance 
        to provide to military families described in paragraph (1).
            (3) Determine the appropriate qualifications for an in-home 
        child care provider for whose services the Secretary shall 
        provide financial assistance to a military family. In carrying 
        out this paragraph, the Secretary shall--
                    (A) take into consideration qualifications for in-
                home child care providers in the private sector; and
                    (B) ensure that the qualifications the Secretary 
                determines appropriate under this paragraph are 
                comparable to the qualifications for a provider of child 
                care services in a military child development center or 
                family home day care.
            (4) <<NOTE: Plan.>>  Establish a marketing and 
        communications plan to inform members of the Armed Forces who 
        live in the locations described in subsection (b) about the 
        pilot program.

    (b) <<NOTE: Determination.>>  Locations.--The Secretary shall carry 
out the pilot program in the five locations that the Secretary 
determines have the greatest demand for child care services for children 
of members of the Armed Forces.

    (c) Reports.--
            (1) <<NOTE: Time period.>>  Interim reports.--Not later than 
        one year after the Secretary establishes the pilot program and 
        thrice annually thereafter, the Secretary shall submit to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives an interim report on the pilot program. Each 
        interim report shall include the following elements:
                    (A) The number of military families participating in 
                the pilot program, disaggregated by location and 
                duration of participation.
                    (B) The amount of financial assistance provided to 
                participating military families in each location.
                    (C) Metrics by which the Secretary carries out 
                subsection (a)(3)(B);
                    (D) The feasibility of expanding the pilot program.

[[Page 134 STAT. 3658]]

                    (E) Legislation or administrative action that the 
                Secretary determines necessary to make the pilot program 
                permanent.
                    (F) Any other information the Secretary determines 
                appropriate.
            (2) Final report.--Not later than 90 days after the 
        termination of the pilot program, the Secretary shall submit to 
        the Committees on Armed Services of the Senate and the House of 
        Representatives a final report on the pilot program. The final 
        report shall include the following elements:
                    (A) The elements specified in paragraph (1).
                    (B) <<NOTE: Recommenda- tions.>>  The recommendation 
                of the Secretary whether to make the pilot program 
                permanent.

    (d) Termination.--The pilot program shall terminate five years after 
the date on which the Secretary establishes the pilot program.
    (e) Definitions.--In this section:
            (1) The term ``in-home child care provider'' means an 
        individual who provides child care services in the home of the 
        child.
            (2) The terms ``military child development center'' and 
        ``family home day care'' have the meanings given those terms in 
        section 1800 of title 10, United States Code.
SEC. 589A. CERTAIN ASSISTANCE TO LOCAL EDUCATIONAL AGENCIES THAT 
                          BENEFIT DEPENDENTS OF MILITARY AND 
                          CIVILIAN PERSONNEL.

    (a) Continuation of Authority to Assist Local Educational Agencies 
That Benefit Dependents of Members of the Armed Forces and Department of 
Defense Civilian Employees.--
            (1) Assistance to schools with significant numbers of 
        military dependent students.--Of the amount authorized to be 
        appropriated for fiscal year 2021 by section 301 and available 
        for operation and maintenance for Defense-wide activities as 
        specified in the funding table in section 4301, $50,000,000 
        shall be available only for the purpose of providing assistance 
        to local educational agencies under subsection (a) of section 
        572 of the National Defense Authorization Act for Fiscal Year 
        2006 (Public Law 109-163; 20 U.S.C. 7703b).
            (2) Local educational agency defined.--In this subsection, 
        the term ``local educational agency'' has the meaning given that 
        term in section 7013(9) of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7713(9)).

    (b) Impact Aid for Children With Severe Disabilities.--
            (1) In general.--Of the amount authorized to be appropriated 
        for fiscal year 2021 pursuant to section 301 and available for 
        operation and maintenance for Defense-wide activities as 
        specified in the funding table in section 4301, $10,000,000 
        shall be available for payments under section 363 of the Floyd 
        D. Spence National Defense Authorization Act for Fiscal Year 
        2001 (as enacted into law by Public Law 106-398; 114 Stat. 
        1654A-77; 20 U.S.C. 7703a).
            (2) Additional amount.--Of the amount authorized to be 
        appropriated for fiscal year 2021 pursuant to section 301 and 
        available for operation and maintenance for Defense-wide 
        activities as specified in the funding table in section 4301, 
        $10,000,000 shall be available for use by the Secretary of

[[Page 134 STAT. 3659]]

        Defense to make payments to local educational agencies 
        determined by the Secretary to have higher concentrations of 
        military children with severe disabilities.
            (3) <<NOTE: Deadline. Briefing.>>  Report.--Not later than 
        March 1, 2021, the Secretary shall brief the Committees on Armed 
        Services of the Senate and the House of Representatives on the 
        Department's evaluation of each local educational agency with 
        higher concentrations of military children with severe 
        disabilities and subsequent determination of the amounts of 
        impact aid each such agency shall receive.
SEC. 589B. STAFFING OF DEPARTMENT OF DEFENSE EDUCATION ACTIVITY 
                          SCHOOLS TO MAINTAIN MAXIMUM STUDENT-TO-
                          TEACHER RATIOS.

    (a) In General.--The Department of Defense Education Activity shall 
staff elementary and secondary schools operated by the Activity so as to 
maintain, to the extent practicable, student-to-teacher ratios that do 
not exceed the maximum student-to-teacher ratios specified in subsection 
(b).
    (b) Maximum Student-to-teacher Ratios.--The maximum student-to-
teacher ratios specified in this subsection are the following:
            (1) For each of grades kindergarten through 3, a ratio of 18 
        students to 1 teacher (18:1).
            (2) For each of grades 4 through 12, a ratio equal to the 
        average student-to-teacher ratio for such grade among all 
        Department of Defense Education Activity schools during the 
        2019-2020 academic year.

    (c) Sunset.--The requirement to staff schools in accordance with 
subsection (a) shall expire at the end of the 2023-2024 academic year of 
the Department of Defense Education Activity.
SEC. 589C. <<NOTE: 10 USC 2164 note.>>  PILOT PROGRAM TO EXPAND 
                          ELIGIBILITY FOR ENROLLMENT AT DOMESTIC 
                          DEPENDENT ELEMENTARY AND SECONDARY 
                          SCHOOLS.

    (a) <<NOTE: Deadline.>>  Pilot Program Authorized.--Beginning not 
later than 180 days after the date of the enactment of this Act, the 
Secretary of Defense shall carry out a pilot program under which a 
dependent of a full-time, active-duty member of the Armed Forces may 
enroll in a covered DODEA school at the military installation to which 
the member is assigned, on a space-available basis as described in 
subsection (c), without regard to whether the member resides on the 
installation as described in 2164(a)(1) of title 10, United States Code.

    (b) Purposes.--The purposes of the pilot program under this section 
are--
            (1) <<NOTE: Evaluation.>>  to evaluate the feasibility and 
        advisability of expanding enrollment in covered DODEA schools; 
        and
            (2) <<NOTE: Determination.>>  to determine how increased 
        access to such schools will affect military and family 
        readiness.

    (c) Enrollment on Space-Available Basis.--A student participating in 
the pilot program under this section may be enrolled in a covered DODEA 
school only if the school has the capacity to accept the student, as 
determined by the Director of the Department of Defense Education 
Activity.
    (d) Locations.--The Secretary of Defense shall carry out the pilot 
program under this section at not more than four military installations 
at which covered DODEA schools are located. The

[[Page 134 STAT. 3660]]

Secretary shall select military installations for participation in the 
program based on--
            (1) the readiness needs of the Secretary of a the military 
        department concerned; and
            (2) the capacity of the DODEA schools located at the 
        installation to accept additional students, as determined by the 
        Director of the Department of Defense Education Activity.

    (e) Termination.--The authority to carry out the pilot program under 
this section shall terminate four years after the date of the enactment 
of this Act.
    (f) Covered DODEA School Defined.--In this Section, the term 
``covered DODEA school'' means a domestic dependent elementary or 
secondary school operated by the Department of Defense Education 
Activity that--
            (1) has been established on or before the date of the 
        enactment of this Act; and
            (2) is located in the continental United States.
SEC. 589D. <<NOTE: 10 USC 2164 note.>>  PILOT PROGRAM ON EXPANDED 
                          ELIGIBILITY FOR DEPARTMENT OF DEFENSE 
                          EDUCATION ACTIVITY VIRTUAL HIGH SCHOOL 
                          PROGRAM.

    (a) Pilot Program Required.--
            (1) In general.--The Secretary of Defense shall carry out a 
        pilot program on permitting dependents of members of the Armed 
        Forces on active duty to enroll in the Department of Defense 
        Education Activity Virtual High School program (in this section 
        referred to as the ``DVHS program'').
            (2) Purposes.--The purposes of the pilot program shall be as 
        follows:
                    (A) <<NOTE: Evaluation.>>  To evaluate the 
                feasibility and scalability of the DVHS program.
                    (B) <<NOTE: Assessment.>>  To assess the impact of 
                expanded enrollment in the DVHS program under the pilot 
                program on military and family readiness.
            (3) Duration.--The duration of the pilot program shall be 
        four academic years.

    (b) Participants.--
            (1) In general.--Participants in the pilot program shall be 
        selected by the Secretary from among dependents of members of 
        the Armed Forces on active duty who--
                    (A) are in a grade 9 through 12;
                    (B) are currently ineligible to enroll in the DVHS 
                program; and
                    (C) either--
                          (i) require supplementary courses to meet 
                      graduation requirements in the current State of 
                      residence; or
                          (ii) otherwise demonstrate to the Secretary a 
                      clear need to participate in the DVHS program.
            (2) Preference in selection.--In selecting participants in 
        the pilot program, the Secretary shall afford a preference to 
        the following:
                    (A) Dependents who reside in a rural area.
                    (B) Dependents who are home-schooled students.
            (3) Limitations.--The total number of course enrollments per 
        academic year authorized under the pilot program may

[[Page 134 STAT. 3661]]

        not exceed 400 course enrollments. No single dependent 
        participating in the pilot program may take more than two 
        courses per academic year under the pilot program.

    (c) Reports.--
            (1) Interim report.--Not later than two years after the date 
        of the enactment of this Act, the Secretary shall submit to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives an interim report on the pilot program.
            (2) Final report.--Not later than 180 days after the 
        completion of the pilot program, the Secretary shall submit to 
        the committees of Congress referred to in paragraph (1) a final 
        report on the pilot programs.
            (3) Elements.--Each report under this subsection shall 
        include the following:
                    (A) A description of the demographics of the 
                dependents participating in the pilot program through 
                the date of such report.
                    (B) <<NOTE: Data. Assessment.>>  Data on, and an 
                assessment of, student performance in virtual coursework 
                by dependents participating in the pilot program over 
                the duration of the pilot program.
                    (C) <<NOTE: Recommenda- tions.>>  Such 
                recommendation as the Secretary considers appropriate on 
                whether to make the pilot program permanent.

    (d) Definitions.--In this section:
            (1) The term ``rural area'' has the meaning given the term 
        in section 520 of the Housing Act of 1949 (42 U.S.C. 1490).
            (2) The term ``home-schooled student'' means a student in a 
        grade equivalent to grade 9 through 12 who receives educational 
        instruction at home or by other non-traditional means outside of 
        a public or private school system, either all or most of the 
        time.
SEC. 589E. <<NOTE: 10 USC 2001 note prec.>>  TRAINING PROGRAM 
                          REGARDING FOREIGN MALIGN INFLUENCE 
                          CAMPAIGNS.

    (a) <<NOTE: Deadline.>>  Establishment.--Not later than September 
30, 2021, the Secretary of Defense shall establish a program for 
training members of the Armed Forces and civilian employees of the 
Department of Defense regarding the threat of foreign malign influence 
campaigns targeted at such individuals and the families of such 
individuals, including such campaigns carried out through social media.

    (b) <<NOTE: Deadline.>>  Designation of Official to Coordinate and 
Integrate.--Not later than 30 days after the date of enactment of this 
Act, the Secretary shall designate an official of the Department who 
shall be responsible for coordinating and integrating the training 
program under this section.

    (c) <<NOTE: Review.>>  Best Practices.--In coordinating and 
integrating the training program under this section, the official 
designated under subsection (b) shall review best practices of existing 
training programs across the Department.

    (d) Report Required.--Not later than October 30, 2021, the Secretary 
shall submit a report to the congressional defense committees detailing 
the program established under this section.
    (e) Foreign Malign Influence Defined.--In this section, the term 
``foreign malign influence'' has the meaning given that term in section 
119C of the National Security Act of 1947 (50 U.S.C. 3059).

[[Page 134 STAT. 3662]]

SEC. 589F. STUDY ON CYBEREXPLOITATION AND ONLINE DECEPTION OF 
                          MEMBERS OF THE ARMED FORCES AND THEIR 
                          FAMILIES.

    (a) <<NOTE: Deadline.>>  Study.--Not later than 150 days after the 
date of the enactment of this Act, the Secretary of Defense shall 
complete a study on--
            (1) the cyberexploitation of the personal information and 
        accounts of members of the Armed Forces and their families; and
            (2) the risks of deceptive online targeting of members and 
        their families.

    (b) <<NOTE: Assessments.>>  Elements.--The study under subsection 
(a) shall include the following:
            (1) An assessment of predatory loans, other financial 
        products, or educational products being targeted to members of 
        the Armed Forces and their families.
            (2) An assessment of unproven or unnecessary medical 
        treatments or procedures being targeted to members and their 
        families.
            (3) An assessment of ethnic or racial violent extremism 
        messages targeting members and their families.
            (4) An assessment of the ways in which social media 
        algorithms may amplify the targeting described in paragraphs (1) 
        through (3).
            (5) An intelligence assessment of the threat currently posed 
        by foreign government and non-state actors carrying out the 
        cyberexploitation of members and their families, including 
        generalized assessments as to--
                    (A) whether such cyberexploitation is a substantial 
                threat as compared to other means of information 
                warfare; and
                    (B) whether such cyberexploitation is an increasing 
                threat.
            (6) <<NOTE: Analysis.>>  A case-study analysis of three 
        known occurrences of attempted cyberexploitation against members 
        and their families, including assessments of the vulnerability 
        and the ultimate consequences of the attempted 
        cyberexploitation.
            (7) A description of the actions taken by the Department of 
        Defense to educate members and their families, including 
        particularly vulnerable subpopulations, about any actions that 
        can be taken to reduce cyberexploitation threats.
            (8) An intelligence assessment of the threat posed by 
        foreign government and non-state actors creating or using 
        machine-manipulated media (commonly referred to as ``deep 
        fakes'') featuring members and their families, including 
        generalized assessments of--
                    (A) the maturity of the technology used in the 
                creation of such media; and
                    (B) how such media has been used or might be used to 
                conduct information warfare.
            (9) <<NOTE: Recommenda- tions.>>  Recommendations for policy 
        changes to reduce the vulnerability of members of the Armed 
        Forces and their families to cyberexploitation and deception, 
        including recommendations for legislative or administrative 
        action.

    (c) Report.--
            (1) Requirement.--The Secretary shall submit to the 
        Committees on Armed Services of the House of Representatives

[[Page 134 STAT. 3663]]

        and the Senate a report on the findings of the Secretary with 
        respect to the study under subsection (a).
            (2) <<NOTE: Classified information.>>  Form.--The report 
        under paragraph (1) shall be submitted in unclassified form, but 
        may include a classified annex.

    (d) Definitions.--In this section:
            (1) The term ``cyberexploitation'' means the use of digital 
        means and online platforms--
                    (A) to knowingly access, or conspire to access, 
                without authorization, an individual's personal 
                information to be employed (or to be used) with 
                malicious intent; or
                    (B) to deceive an individual with misinformation 
                with malicious intent.
            (2) The term ``machine-manipulated media'' means video, 
        image, or audio recordings generated or substantially modified 
        using machine learning techniques in order to, with malicious 
        intent, falsely depict the speech or conduct of an individual 
        without that individual's permission.
SEC. 589G. <<NOTE: 10 USC 1781c note.>>  MATTERS RELATING TO 
                          EDUCATION FOR MILITARY DEPENDENT 
                          STUDENTS WITH SPECIAL NEEDS.

    (a) Information on Special Education Disputes.--
            (1) In general.--Each Secretary of a military department 
        shall collect and maintain information on special education 
        disputes filed by members of the Armed Forces under the 
        jurisdiction of such Secretary.
            (2) Information.--The information collected and maintained 
        under this subsection shall include the following:
                    (A) The number of special education disputes filed.
                    (B) The outcome or disposition of the disputes.
            (3) Source of information.--The information collected and 
        maintained pursuant to this subsection shall be derived from the 
        following:
                    (A) Records and reports of case managers and 
                navigators under the Exceptional Family Member Program 
                of the Department of Defense.
                    (B) Reports submitted by members of the Armed Forces 
                to officials at military installations or other relevant 
                military officials.
                    (C) Such other sources as the Secretary of the 
                military department concerned considers appropriate.
            (4) Annual reports.--On an annual basis, each Secretary of a 
        military department shall submit to the Office of Special Needs 
        of the Department of Defense a report on the information 
        collected by such Secretary under this subsection during the 
        preceding year.

    (b) GAO Study and Report.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study on the following:
                    (A) The manner in which local educational agencies 
                with schools that serve military dependent students use 
                the following:
                          (i) Funds made available for impact aid for 
                      children with severe disabilities under section 
                      363 of the Floyd D. Spence National Defense 
                      Authorization Act for Fiscal Year 2001 (Public Law 
                      106-398; 20 U.S.C. 7703a).

[[Page 134 STAT. 3664]]

                          (ii) Funds made available for assistance to 
                      schools with a significant number of military 
                      dependent students under subsection (a) of section 
                      572 of the National Defense Authorization Act for 
                      Fiscal Year 2006 (Public Law 109-163; 20 U.S.C. 
                      7703b).
                    (C) The efficacy of attorneys and other legal 
                support for military families in special education 
                disputes.
                    (E) Whether, and to what extent, policies and 
                guidance for School Liaison Officers are standardized 
                between the Office of Special Needs of the Department of 
                Defense and the military departments, and the efficacy 
                of such policies and guidance.
                    (F) The improvements made to family support programs 
                of the Office of Special Needs, and of each military 
                department, in light of the recommendations of the 
                Comptroller General in the report titled ``DOD Should 
                Improve Its Oversight of the Exceptional Family Member 
                Program'' (GAO-18-348).
            (2) Recommendations.--As part of the study under paragraph 
        (1), the Comptroller General shall develop recommendations on 
        the following:
                    (A) Improvements to the ability of the Department of 
                Defense to monitor and enforce the compliance of local 
                educational agencies with requirements for the provision 
                of a free appropriate public education to military 
                dependent students with special needs.
                    (B) Improvements to the policies of the Office of 
                Special Needs, and of each military department, with 
                respect to the standardization and efficacy of policies 
                and programs for military dependent students with 
                special needs.
            (3) Briefing and report.--Not later than March 31, 2021, the 
        Comptroller General of the United States shall provide to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives a briefing and a report the results of the study 
        conducted under paragraph (1).

    (c) Definitions.--In this section:
            (1) The term ``free appropriate public education'' has the 
        meaning given that term in section 602 of the Individuals with 
        Disabilities Education Act (20 U.S.C. 1401).
            (2) The term ``local educational agency'' has the meaning 
        given that term in section 8101 of the Elementary and Secondary 
        Education Act of 1965 (20 U.S.C. 7801).
            (3) The term ``special education dispute'' means a complaint 
        filed regarding the education provided to a child with a 
        disability (as defined in section 602 of the Individuals with 
        Disabilities Education Act (20 U.S.C. 1401)), including a 
        complaint filed in accordance with section 615 or 639 of such 
        Act (20 U.S.C. 1415, 1439).
SEC. 589H. STUDIES AND REPORTS ON THE PERFORMANCE OF THE 
                          DEPARTMENT OF DEFENSE EDUCATION 
                          ACTIVITY.

    (a) DOD Study and Report.--
            (1) Study.--The Secretary of Defense shall conduct a study 
        on the performance of the Department of Defense Education 
        Activity.
            (2) Elements.--The study under paragraph (1) shall include--

[[Page 134 STAT. 3665]]

                    (A) <<NOTE: Review.>>  a review of the curriculum 
                relating to health, resiliency, and nutrition taught in 
                schools operated by the Department of Defense Education 
                Activity; and
                    (B) a comparison of such curriculum to benchmarks 
                established for the curriculum by the Department of 
                Defense Education Activity.
            (3) Report.--Not later than one year after the date of the 
        enactment of this Act, the Secretary of Defense shall submit to 
        the Committees on Armed Services of the Senate and the House of 
        Representatives a report that includes the results of the study 
        conducted under paragraph (1).

    (b) GAO Studies and Reports.--
            (1) Studies.--The Comptroller General of the United States 
        shall conduct two studies on the performance of the Department 
        of Defense Education Activity as follows:
                    (A) <<NOTE: Analysis.>>  One study shall analyze the 
                educational outcomes of students in schools operated by 
                the Department of Defense Education Activity compared to 
                the educational outcomes of students in public 
                elementary schools and public secondary schools (as 
                those terms are defined in section 8101 of the 
                Elementary and Secondary Education Act of 1965 (20 
                U.S.C. 7801 et seq.)) outside the Department of Defense.
                    (B) <<NOTE: Assessment.>>  One study shall assess 
                the effectiveness of the School Liaison Officer program 
                of the Department of Defense Education Activity in 
                achieving the goals of the program with an emphasis on 
                goals relating to special education and family outreach.
            (2) Reports.--Not later than one year after the date of the 
        enactment of this Act, the Comptroller General of the United 
        States shall submit to the Committees on Armed Services of the 
        Senate and the House of Representatives--
                    (A) a report that includes the results of the study 
                conducted under subparagraph (A) of paragraph (1); and
                    (B) a report that includes the results of the study 
                conducted under subparagraph (B) of such paragraph.

                  Subtitle J--Other Matters and Reports

SEC. 591. EXPANSION OF DEPARTMENT OF DEFENSE STARBASE PROGRAM.

    (a) In General.--Section 2193b of title 10, United States Code, is 
amended--
            (1) in the section heading, by striking ``science, 
        mathematics, and technology'' and inserting ``science, 
        technology, engineering, art and design, and mathematics'';
            (2) in subsection (a), by striking ``science, mathematics, 
        and technology'' and inserting ``science, technology, 
        engineering, art and design, and mathematics''; and
            (3) in subsection (b), by striking ``mathematics, science, 
        and technology'' and inserting ``science, technology, 
        engineering, art and design, and mathematics''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 111 of title 10, United States Code, <<NOTE: 10 USC 2191 
prec.>>  is amended

[[Page 134 STAT. 3666]]

by striking the item relating to section 2193b and inserting the 
following new item:

``2193b. Improvement of education in technical fields: program for 
           support of elementary and secondary education in science, 
           technology, engineering, art and design, and mathematics.''.

SEC. 592. INCLUSION OF CERTAIN OUTLYING AREAS IN THE DEPARTMENT OF 
                        DEFENSE STARBASE PROGRAM.

    Section 2193b(h) of title 10, United States Code, is amended by 
inserting ``the Commonwealth of the Northern Mariana Islands, American 
Samoa,'' before ``and Guam''.
SEC. 593. POSTPONEMENT OF CONDITIONAL DESIGNATION OF EXPLOSIVE 
                        ORDNANCE DISPOSAL CORPS AS A BASIC BRANCH 
                        OF THE ARMY.

    Section 582(b) of the National Defense Authorization Act for Fiscal 
Year 2018 (Public Law 115-91; 10 U.S.C. <<NOTE: 10 USC 7063 note.>>  763 
note) is amended--
            (1) in paragraph (1), by striking ``October 1, 2020'' and 
        inserting ``October 1, 2025''; and
            (2) in paragraph (2)--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``September 30, 2020'' and inserting 
                ``September 30, 2025'';
                    (B) in subparagraph (B), by inserting ``, the 
                explosive ordnance disposal commandant (chief of 
                explosive ordnance disposal),'' before ``qualified''; 
                and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(G) The explosive ordnance disposal commandant 
                (chief of explosive ordnance disposal) has determined 
                whether explosive ordnance disposal soldiers have the 
                appropriate skills necessary to support missions of 
                special operations forces (as identified in section 
                167(j) of title 10, United States Code). Such skills may 
                include airborne, air assault, combat diver, fast roping 
                insertion and extraction, helocasting, military free-
                fall, and off-road driving.''.
SEC. 594. <<NOTE: Deadline. 10 USC 503 note.>>  ARMED SERVICES 
                        VOCATIONAL APTITUDE BATTERY TEST SPECIAL 
                        PURPOSE ADJUNCT TO ADDRESS COMPUTATIONAL 
                        THINKING.

    Not later than one year after the date of the enactment of this Act, 
the Secretary of Defense shall establish a special purpose test adjunct 
to the Armed Services Vocational Aptitude Battery test to address 
computational thinking skills relevant to military applications, 
including problem decomposition, abstraction, pattern recognition, 
analytical ability, the identification of variables involved in data 
representation, and the ability to create algorithms and solution 
expressions.
SEC. 595. EXTENSION OF REPORTING DEADLINE FOR THE ANNUAL REPORT ON 
                        THE ASSESSMENT OF THE EFFECTIVENESS OF 
                        ACTIVITIES OF THE FEDERAL VOTING 
                        ASSISTANCE PROGRAM.

    (a) Elimination of Reports for Non-election Years.--Section 105A(b) 
of the Uniformed and Overseas Citizens Absentee Voting Act (52 U.S.C. 
20308(b)) is amended, in the matter preceding paragraph (1)--

[[Page 134 STAT. 3667]]

            (1) by striking ``March 31 of each year'' and inserting 
        ``September 30 of each odd-numbered year''; and
            (2) by striking ``the following information'' and inserting 
        ``the following information with respect to the Federal 
        elections held during the preceding calendar year''.

    (b) Conforming Amendments.--Subsection (b) of section 105A of such 
Act (52 U.S.C. 20308(b)) is amended--
            (1) in the subsection heading, by striking ``Annual Report'' 
        and inserting ``Biennial Report''; and
            (2) in paragraph (3), by striking ``In the case of'' and all 
        that follows through ``a description'' and inserting ``A 
        description''.
SEC. 596. PLAN ON PERFORMANCE OF FUNERAL HONORS DETAILS BY MEMBERS 
                        OF OTHER ARMED FORCES WHEN MEMBERS OF THE 
                        ARMED FORCE OF THE DECEASED ARE 
                        UNAVAILABLE.

    (a) Briefing on Plan.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of the enactment of this Act, the Secretary 
        of Defense shall provide a briefing to the Committees on Armed 
        Services of the Senate and the House of Representatives setting 
        forth a plan for the performance of a funeral honors detail at 
        the funeral of a deceased member of the Armed Forces by one or 
        more members of the Armed Forces from an Armed Force other than 
        that of the deceased when--
                    (A) members of the Armed Force of the deceased are 
                unavailable for the performance of the detail;
                    (B) the performance of the detail by members of 
                other Armed Forces is requested by the family of the 
                deceased; and
                    (C) the chief of the Armed Force of the deceased 
                verifies the eligibility of the deceased for such 
                funeral honors.
            (2) Repeal of requirement for one member of armed force of 
        deceased in detail.--Section 1491(b)(2) of title 10, United 
        States Code, is amended in the first sentence by striking ``, at 
        least one of whom shall be a member of the armed force of which 
        the veteran was a member''.
            (3) Performance.--The plan required by paragraph (1) shall 
        authorize the performance of funeral honors details by members 
        of the Army National Guard and the Air National Guard under 
        section 115 of title 32, United States Code, and may authorize 
        the remainder of such details to consist of members of veterans 
        organizations or other organizations approved for purposes of 
        section 1491 of title 10, United States Code, as provided for by 
        subsection (b)(2) of such section 1491.

    (b) Elements.--The briefing under subsection (a) shall include a 
detailed description of the authorities and requirements for the 
implementation of the plan, including administrative, logistical, 
coordination, and funding authorities and requirements.
SEC. 597. STUDY ON FINANCIAL IMPACTS OF THE CORONAVIRUS DISEASE 
                        2019 ON MEMBERS OF THE ARMED FORCES AND 
                        BEST PRACTICES TO PREVENT FUTURE FINANCIAL 
                        HARDSHIPS.

    (a) Study.--The Secretary of Defense shall conduct a study on the 
financial hardships experienced by members of the Armed Forces 
(including the reserve components) as a result of the Coronavirus 
Disease 2019 (COVID-19) pandemic.

[[Page 134 STAT. 3668]]

    (b) Elements.--The study shall--
            (1) examine the financial hardships members of the Armed 
        Forces experience as a result of the COVID-19 pandemic, 
        including the effects of stop movement orders, loss of spousal 
        income, loss of hazardous duty incentive pay, school closures, 
        loss of childcare, loss of educational benefits, loss of drill 
        and exercise pay, cancelled deployments, and any additional 
        financial stressors identified by the Secretary;
            (2) identify best practices to provide assistance for 
        members of the Armed Forces experiencing the financial hardships 
        listed in paragraph (1); and
            (3) identify actions that can be taken by the Secretary to 
        prevent financial hardships listed in paragraph (1) from 
        occurring in the future.

    (c) Consultation and Coordination.--For the purposes of the study, 
the Secretary may--
            (1) consult with the Director of the Consumer Financial 
        Protection Bureau; and
            (2) with respect to members of the Coast Guard, coordinate 
        with the Secretary of Homeland Security.

    (d) <<NOTE: Reports.>>  Submission.--Not later than 180 days after 
the date of the enactment of this Act, the Secretary shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report on the study under subsection (a).

    (e) Financial Hardship Defined.--In this section, the term 
``financial hardship'' means a loss of income or an unforeseen expense 
as a result of closures and changes in operations in response to the 
COVID-19 pandemic.
SEC. 598. LIMITATION ON IMPLEMENTATION OF ARMY COMBAT FITNESS 
                        TEST.

     <<NOTE: Study.>> The Secretary of the Army may not implement the 
Army Combat Fitness Test until the Secretary receives results of a 
study, conducted for purposes of this section by an entity independent 
of the Department of Defense, on the following:
            (1) The extent, if any, to which the test would adversely 
        impact members of the Army stationed or deployed to climates or 
        areas with conditions that make prohibitive the conduct of 
        outdoor physical training on a frequent or sustained basis.
            (2) The extent, if any, to which the test would affect 
        recruitment and retention in critical support military 
        occupational specialties of the Army, such as medical personnel.
SEC. 599. SEMIANNUAL REPORTS ON IMPLEMENTATION OF RECOMMENDATIONS 
                        OF THE COMPREHENSIVE REVIEW OF SPECIAL 
                        OPERATIONS FORCES CULTURE AND ETHICS.

    (a) <<NOTE: Time period. Coordination.>>  Semiannual Reports 
Required.--Not later than March 1, 2021, and every 180 days thereafter 
through March 1, 2024, the Assistant Secretary of Defense for Special 
Operations and Low Intensity Conflict shall, in coordination with the 
Commander of the United States Special Operations Command, submit to the 
congressional defense committees a report on the current status of the 
implementation of the actions recommended as a result of the 
Comprehensive Review of Special Operations Forces Culture and Ethics.

    (b) Elements.--Each report under subsection (a) shall include the 
following:

[[Page 134 STAT. 3669]]

            (1) <<NOTE: List.>>  A list of the actions required as of 
        the date of such report to complete full implementation of each 
        of the 16 actions recommended by the Comprehensive Review 
        referred to in subsection (a).
            (2) An identification of the office responsible for 
        completing each action listed pursuant to paragraph (1), and an 
        estimated timeline for completion of such action.
            (3) If completion of any action listed pursuant to paragraph 
        (1) requires resources or actions for which authorization by 
        statute is required, a recommendation for legislative action for 
        such authorization.
            (4) Any other matters the Assistant Secretary or the 
        Commander considers appropriate.
SEC. 599A. REPORT ON IMPACT OF CHILDREN OF CERTAIN FILIPINO WORLD 
                          WAR II VETERANS ON NATIONAL SECURITY, 
                          FOREIGN POLICY, AND ECONOMIC AND 
                          HUMANITARIAN INTERESTS OF THE UNITED 
                          STATES.

    (a) <<NOTE: Consultation.>>  In General.--Not later than December 
31, 2020, the Secretary of Homeland Security, in consultation with the 
Secretary of Defense and the Secretary of State, shall submit to the 
congressional defense committees a report on the impact of the children 
of certain Filipino World War II veterans on the national security, 
foreign policy, and economic and humanitarian interests of the United 
States.

    (b) <<NOTE: Assessments.>>  Elements.--The report required by 
subsection (a) shall include the following:
            (1) The number of Filipino World War II veterans who fought 
        under the United States flag during World War II to protect and 
        defend the United States in the Pacific theater.
            (2) The number of Filipino World War II veterans who died 
        fighting under the United States flag during World War II to 
        protect and defend the United States in the Pacific theater.
            (3) An assessment of the economic and tax contributions that 
        Filipino World War II veterans and their families have made to 
        the United States.
            (4) An assessment of the impact on the United States of 
        exempting from the numerical limitations on immigrant visas the 
        children of the Filipino World War II veterans who were 
        naturalized under--
                    (A) section 405 of the Immigration Act of 1990 
                (Public Law 101-649; 8 U.S.C. 1440 note); or
                    (B) title III of the Nationality Act of 1940 (54 
                Stat. 1137; chapter 876), as added by section 1001 of 
                the Second War Powers Act, 1942 (56 Stat. 182; chapter 
                199).

                     TITLE VI--MILITARY COMPENSATION

                     Subtitle A--Pay and Allowances

Sec. 601. Increase in basic pay.
Sec. 602. Compensation and credit for retired pay purposes for maternity 
           leave taken by members of the reserve components.
Sec. 603. Provision of information regarding SCRA to members who receive 
           basic allowance for housing.
Sec. 604. Reorganization of certain allowances other than travel and 
           transportation allowances.
Sec. 605. Expansion of travel and transportation allowances to include 
           fares and tolls.

[[Page 134 STAT. 3670]]

Sec. 606. One-time uniform allowance for officers who transfer to the 
           Space Force.

             Subtitle B--Bonuses and Special Incentive Pays

Sec. 611. One-year extension of certain expiring bonus and special pay 
           authorities.
Sec. 612. Increase in special and incentive pays for officers in health 
           professions.
Sec. 613. Increase in certain hazardous duty incentive pay for members 
           of the uniformed services.
Sec. 614. Payment of hazardous duty incentive pay for members of the 
           uniformed services.
Sec. 615. Clarification of 30 days of continuous duty on board a ship 
           required for family separation allowance for members of the 
           uniformed services.

    Subtitle C--Disability Pay, Retired Pay, and Family and Survivor 
                                Benefits

Sec. 621. Modernization and clarification of payment of certain Reserves 
           while on duty.
Sec. 622. Restatement and clarification of authority to reimburse 
           members for spouse relicensing costs pursuant to a permanent 
           change of station.
Sec. 623. Expansion of death gratuity for ROTC graduates.
Sec. 624. Expansion of assistance for Gold Star spouses and other 
           dependents.
Sec. 625. Gold Star Families Parks Pass.
Sec. 626. Recalculation of financial assistance for providers of child 
           care services and youth program services for dependents.
Sec. 627. Priority for certain military family housing to a member of 
           the Armed Forces whose spouse agrees to provide family home 
           day care services.
Sec. 628. Study on feasibility and advisability of TSP contributions by 
           military spouses.
Sec. 629. Report on implications of expansion of authority to provide 
           financial assistance to civilian providers of child care 
           services or youth program services for survivors of members 
           of the Armed Forces who die in the line of duty.
Sec. 629A. Report on extension of commissary and exchange benefits for 
           surviving remarried spouses with dependent children of 
           members of the Armed Forces who die while on active duty or 
           certain reserve duty.

                   Subtitle D--Defense Resale Matters

Sec. 631. Base responders essential needs and dining access.
Sec. 632. First responder access to mobile exchanges.
Sec. 633. Updated business case analysis for consolidation of the 
           defense resale system.

             Subtitle E--Other Personnel Rights and Benefits

Sec. 641. Approval of certain activities by retired and reserve members 
           of the uniformed services.
Sec. 642. Permanent authority for and enhancement of the Government 
           lodging program.
Sec. 643. Operation of Stars and Stripes.

                     Subtitle A--Pay and Allowances

SEC. 601. <<NOTE: 37 USC 1009 note.>>  INCREASE IN BASIC PAY.

     <<NOTE: Effective date.>> Effective on January 1, 2021, the rates 
of monthly basic pay for members of the uniformed services are increased 
by 3.0 percent.
SEC. 602. COMPENSATION AND CREDIT FOR RETIRED PAY PURPOSES FOR 
                        MATERNITY LEAVE TAKEN BY MEMBERS OF THE 
                        RESERVE COMPONENTS.

    (a) Compensation.--Section 206(a) of title 37, United States Code, 
is amended--
            (1) in paragraph (2), by striking ``or'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; or''; and
            (3) by adding at the end the following new paragraph:
            ``(4) for each of six days for each period during which the 
        member is on maternity leave.''.

    (b) Credit for Retired Pay Purposes.--

[[Page 134 STAT. 3671]]

            (1) <<NOTE: 10 USC 12732 note.>>  In general.--The period of 
        maternity leave taken by a member of the reserve components of 
        the Armed Forces in connection with the birth of a child shall 
        count toward the member's entitlement to retired pay, and in 
        connection with the years of service used in computing retired 
        pay, under chapter 1223 of title 10, United States Code, as 12 
        points.
            (2) Separate credit for each period of leave.--Separate 
        crediting of points shall accrue to a member pursuant to this 
        subsection for each period of maternity leave taken by the 
        member in connection with a childbirth event.
            (3) When credited.--Points credited a member for a period of 
        maternity leave pursuant to this subsection shall be credited in 
        the year in which the period of maternity leave concerned 
        commences.
            (4) Contribution of leave toward entitlement to retired 
        pay.--Section 12732(a)(2) of title 10, United States Code, as 
        amended by section 516 of this Act, is further amended--
                    (A) by inserting after subparagraph (F) the 
                following new subparagraph:
                    ``(G) Points at the rate of 12 per period during 
                which the member is on maternity leave.''; and
                    (B) in the matter following subparagraph (G), as 
                inserted by subparagraph (A), by striking ``and (F)'' 
                and inserting ``(F), and (G)''.
            (5) Computation of years of service for retired pay.--
        Section 12733 of such title is amended--
                    (A) by redesignating paragraph (5) as paragraph (6); 
                and
                    (B) by inserting after paragraph (4) the following 
                new paragraph (5):
            ``(5) One day for each point credited to the person under 
        subparagraph (F) of section 12732(a)(2) of this title.''.

    (c) <<NOTE: Applicability. 10 USC 12732 note.>>  Effective Date.--
This section and the amendments made by this section shall take effect 
on the date of the enactment of this Act, and shall apply with respect 
to periods of maternity leave that commence on or after that date.
SEC. 603. PROVISION OF INFORMATION REGARDING SCRA TO MEMBERS WHO 
                        RECEIVE BASIC ALLOWANCE FOR HOUSING.

    Section 403 of title 37, United States Code, is amended by adding at 
the end the following:
    ``(p) Information on Rights and Protections Under Servicemembers 
Civil Relief Act.--The Secretary concerned shall provide to each member 
of a uniformed service who receives a basic allowance for housing under 
this section information on the rights and protections available to such 
member under the Servicemembers Civil Relief Act (50 U.S.C. 3901 et 
seq.)--
            ``(1) when such member first receives such basic allowance 
        for housing; and
            ``(2) each time such member receives a permanent change of 
        station.''.
SEC. 604. REORGANIZATION OF CERTAIN ALLOWANCES OTHER THAN TRAVEL 
                        AND TRANSPORTATION ALLOWANCES.

    (a) Per Diem for Duty Outside the Continental United States.--

[[Page 134 STAT. 3672]]

            (1) Transfer to chapter 7.--Section 475 of title 37, United 
        States Code, is transferred to chapter 7 of such title, inserted 
        after section 403b, and redesignated as section 405.
            (2) Repeal of termination provision.--Section 405 of title 
        37, United States Code, as added by paragraph (1), is amended by 
        striking subsection (f).

    (b) Allowance for Funeral Honors Duty.--
            (1) Transfer to chapter 7.--Section 495 of title 37, United 
        States Code, is transferred to chapter 7 of such title, inserted 
        after section 433a, and redesignated as section 435.
            (2) Repeal of termination provision.--Section 435 of title 
        37, United States Code, as added by paragraph (1), is amended by 
        striking subsection (c).

    (c) Clerical Amendments.--
            (1) Chapter 7.--The table of sections at the beginning of 
        chapter 7 of title 37, United States Code, <<NOTE: 37 USC 401 
        prec.>>  is amended--
                    (A) by inserting after the item relating to section 
                403b the following new item:

``405. Travel and transportation allowances: per diem while on duty 
           outside the continental United States.''; and

                    (B) by inserting after the item relating to section 
                433a the following new item:

``435. Funeral honors duty: allowance.''.

            (2) Chapter 8.--The table of sections at the beginning of 
        chapter 8 of title 37, United States Code, <<NOTE: 37 USC 451 
        prec.>>  is amended by striking the items relating to sections 
        475 and 495.
SEC. 605. EXPANSION OF TRAVEL AND TRANSPORTATION ALLOWANCES TO 
                        INCLUDE FARES AND TOLLS.

    Section 452(c)(1) of title 37, United States Code, is amended by 
inserting ``(including fares and tolls, without regard to distance 
travelled)'' after ``transportation''.
SEC. 606. <<NOTE: 37 USC 416 note.>>  ONE-TIME UNIFORM ALLOWANCE 
                        FOR OFFICERS WHO TRANSFER TO THE SPACE 
                        FORCE.

    (a) <<NOTE: Reimbursement.>>  In General.--The Secretary of the Air 
Force may provide an officer who transfers from the Army, Navy, Air 
Force, or Marine Corps to the Space Force an allowance of not more than 
$400 as reimbursement for the purchase of required uniforms and 
equipment.

    (b) Relationship to Other Allowances.--The allowance under this 
section is in addition to any allowance available under any other 
provision of law.
    (c) Source of Funds.--Funds for allowances provided under subsection 
(a) in a fiscal year may be derived only from amounts authorized to be 
appropriated for military personnel of the Space Force for such fiscal 
year.
    (d) Applicability.--The authority for an allowance under this 
section shall apply with respect to any officer described in subsection 
(a) who transfers to the Space Force--
            (1) <<NOTE: Time period.>>  during the period beginning on 
        December 20, 2019, and ending on September 30, 2022; and
            (2) <<NOTE: Effective date.>>  on or after the date the 
        Secretary of the Air Force prescribes the official uniform for 
        the Space Force.

[[Page 134 STAT. 3673]]

             Subtitle B--Bonuses and Special Incentive Pays

SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND SPECIAL 
                        PAY AUTHORITIES.

    (a) Authorities Relating to Reserve Forces.--Section 910(g) of title 
37, United States Code, relating to income replacement payments for 
reserve component members experiencing extended and frequent 
mobilization for active duty service, is amended by striking ``December 
31, 2020'' and inserting ``December 31, 2021''.
    (b) Title 10 Authorities Relating to Health Care Professionals.--The 
following sections of title 10, United States Code, are amended by 
striking ``December 31, 2020'' and inserting ``December 31, 2021'':
            (1) Section 2130a(a)(1), relating to nurse officer candidate 
        accession program.
            (2) Section 16302(d), relating to repayment of education 
        loans for certain health professionals who serve in the Selected 
        Reserve.

    (c) Authorities Relating to Nuclear Officers.--Section 333(i) of 
title 37, United States Code, is amended by striking ``December 31, 
2020'' and inserting ``December 31, 2021''.
    (d) Authorities Relating to Title 37 Consolidated Special Pay, 
Incentive Pay, and Bonus Authorities.--The following sections of title 
37, United States Code, are amended by striking ``December 31, 2020'' 
and inserting ``December 31, 2021'':
            (1) Section 331(h), relating to general bonus authority for 
        enlisted members.
            (2) Section 332(g), relating to general bonus authority for 
        officers.
            (3) Section 334(i), relating to special aviation incentive 
        pay and bonus authorities for officers.
            (4) Section 335(k), relating to special bonus and incentive 
        pay authorities for officers in health professions.
            (5) Section 336(g), relating to contracting bonus for cadets 
        and midshipmen enrolled in the Senior Reserve Officers' Training 
        Corps.
            (6) Section 351(h), relating to hazardous duty pay.
            (7) Section 352(g), relating to assignment pay or special 
        duty pay.
            (8) Section 353(i), relating to skill incentive pay or 
        proficiency bonus.
            (9) Section 355(h), relating to retention incentives for 
        members qualified in critical military skills or assigned to 
        high priority units.

    (e) Authority To Provide Temporary Increase in Rates of Basic 
Allowance for Housing.--Section 403(b)(7)(E) of title 37, United States 
Code, is amended by striking ``December 31, 2020'' and inserting 
``December 31, 2021''.
SEC. 612. INCREASE IN SPECIAL AND INCENTIVE PAYS FOR OFFICERS IN 
                        HEALTH PROFESSIONS.

    (a) Accession Bonus Generally.--Subparagraph (A) of section 
335(e)(1) of title 37, United States Code, is amended by striking 
``$30,000'' and inserting ``$100,000''.

[[Page 134 STAT. 3674]]

    (b) Accession Bonus for Critically Short Wartime Specialties.--
Subparagraph (B) of such section is amended by striking ``$100,000'' and 
inserting ``$200,000''.
    (c) Retention Bonus.--Subparagraph (C) of such section is amended by 
striking ``$75,000'' and inserting ``$150,000''.
    (d) Incentive Pay.--Subparagraph (D) of such section is amended--
            (1) in clause (i), by striking ``$100,000'' and inserting 
        ``$200,000''; and
            (2) in clause (ii), by striking ``$15,000'' and inserting 
        ``$50,000''.

    (e) Board Certification Pay.--Subparagraph (E) of such section is 
amended by striking ``$6,000'' and inserting ``$15,000''.
    (f) <<NOTE: Applicability. 37 USC 335 note.>>  Effective Date.--The 
amendments made by this section shall apply with respect to special 
bonus and incentive pays payable under section 335 of title 37, United 
States Code, pursuant to agreements entered into under that section on 
or after the date of the enactment of this Act.
SEC. 613. INCREASE IN CERTAIN HAZARDOUS DUTY INCENTIVE PAY FOR 
                        MEMBERS OF THE UNIFORMED SERVICES.

    Section 351(b) of title 37, United States Code, is amended by 
striking ``$250'' both places it appears and inserting ``$275''.
SEC. 614. PAYMENT OF HAZARDOUS DUTY INCENTIVE PAY FOR MEMBERS OF 
                        THE UNIFORMED SERVICES.

    Section 351 of title 37, United States Code, is amended--
            (1) in subsection (c)(2)--
                    (A) in subparagraph (A)(i), by striking ``shall'' 
                and inserting ``may'';
                    (B) in subparagraph (B)--
                          (i) by striking ``paragraph (2) or (3)'' and 
                      inserting ``paragraph (2)'';
                          (ii) by striking ``the Secretary concerned may 
                      prorate'' and all that follows and inserting ``the 
                      Secretary concerned--''; and
                    (C) by adding at the end the following:
                          ``(i) may prorate the payment amount to 
                      reflect the duration of the member's actual 
                      qualifying service during the month; and
                          ``(ii) in the case of member who performs 
                      hazardous duty specifically designated by the 
                      Secretary concerned, shall pay the member 
                      hazardous duty pay in an amount not to exceed the 
                      maximum amount of hazardous duty pay that would be 
                      payable to the member under subsection (b)(2) for 
                      the entire month, regardless of the duration of 
                      the qualifying service.
                    ``(C) In the case of hazardous duty pay payable 
                under paragraph (3) of subsection (a), the Secretary 
                concerned may prorate the payment amount to reflect the 
                duration of the member's actual qualifying service 
                during the month.''; and
            (2) in subsection (h), by striking ``December 31, 2020'' and 
        inserting ``December 31, 2021''.

[[Page 134 STAT. 3675]]

SEC. 615. CLARIFICATION OF 30 DAYS OF CONTINUOUS DUTY ON BOARD A 
                        SHIP REQUIRED FOR FAMILY SEPARATION 
                        ALLOWANCE FOR MEMBERS OF THE UNIFORMED 
                        SERVICES.

    Section 427(a)(1)(B) of title 37, United States Code, is amended by 
inserting ``(or under orders to remain on board the ship while at the 
home port)'' after ``of the ship''.

    Subtitle C--Disability Pay, Retired Pay, and Family and Survivor 
                                Benefits

SEC. 621. MODERNIZATION AND CLARIFICATION OF PAYMENT OF CERTAIN 
                        RESERVES WHILE ON DUTY.

    (a) Change in Priority of Payments for Retired or Retainer Pay.--
Subsection (a) of section 12316 of title 10, United States Code, is 
amended--
            (1) in the matter preceding paragraph (1)--
                    (A) by striking ``subsection (b)'' and inserting 
                ``subsection (c)''; and
                    (B) by striking ``his earlier military service'' and 
                inserting ``the Reserve's earlier military service'';
                    (C) by striking ``a pension, retired or retainer 
                pay, or disability compensation'' and inserting 
                ``retired or retainer pay''; and
                    (D) by striking ``he is entitled'' and inserting 
                ``the Reserve is entitled''; and
            (2) by striking paragraphs (1) and (2) and inserting the 
        following new paragraphs:
            ``(1) the pay and allowances authorized by law for the duty 
        that the Reserve is performing; or
            ``(2) if the Reserve specifically waives those payments, the 
        retired or retainer pay to which the Reserve is entitled because 
        of the Reserve's earlier military service.''.

    (b) Payments for Pension or Disability Compensation.--Such section 
is further amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following new 
        subsection (b):

    ``(b) Except as provided by subsection (c), a Reserve of the Army, 
Navy, Air Force, Marine Corps, or Coast Guard who because of the 
Reserve's earlier military service is entitled to a pension or 
disability compensation, and who performs duty for which the Reserve is 
entitled to compensation, may elect to receive for that duty either--
            ``(1) the pension or disability compensation to which the 
        Reserve is entitled because of the Reserve's earlier military 
        service; or
            ``(2) if the Reserve specifically waives those payments, the 
        pay and allowances authorized by law for the duty that the 
        Reserve is performing.''.

    (c) Additional Conforming and Modernizing Amendments.--Subsection 
(c) of such section, as redesignated by subsection (b)(1) of this 
section, is amended--
            (1) by striking ``(a)(2)'' both places it appears and 
        inserting ``(a)(1) or (b)(2), as applicable,'';

[[Page 134 STAT. 3676]]

            (2) by striking ``his earlier military service'' the first 
        place it appears and inserting ``a Reserve's earlier military 
        service'';
            (3) by striking ``his earlier military service'' each other 
        place it appears and inserting ``the Reserve's earlier military 
        service'';
            (4) by striking ``he is entitled'' and inserting ``the 
        Reserve is entitled''; and
            (5) by striking ``the member or his dependents'' and 
        inserting ``the Reserve or the Reserve's dependents''.

    (d) Procedures.--Such section is further amended by adding at the 
end the following new subsection:
    ``(d) <<NOTE: Regulations.>>  The Secretary of Defense shall 
prescribe regulations under which a Reserve of the Army, Navy, Air 
Force, Marine Corps, or Coast Guard may waive the pay and allowances 
authorized by law for the duty the Reserve is performing under 
subsection (a)(2) or (b)(2).''.

    (e) <<NOTE: 10 USC 12316 note.>>  Effective Date.--The amendments 
made by this section shall take effect 180 days after the date of the 
enactment of this Act.
SEC. 622. RESTATEMENT AND CLARIFICATION OF AUTHORITY TO REIMBURSE 
                        MEMBERS FOR SPOUSE RELICENSING COSTS 
                        PURSUANT TO A PERMANENT CHANGE OF STATION.

    (a) In General.--Section 453 of title 37, United States Code, is 
amended by adding at the end the following new subsection:
    ``(g) Reimbursement of Qualifying Spouse Relicensing Costs Incident 
to a Member's Permanent Change of Station or Assignment.--(1) From 
amounts otherwise made available for a fiscal year to provide travel and 
transportation allowances under this chapter, the Secretary concerned 
may reimburse a member of the uniformed services for qualified 
relicensing costs of the spouse of the member when--
            ``(A) the member is reassigned, either as a permanent change 
        of station or permanent change of assignment, between duty 
        stations located in separate jurisdictions with unique licensing 
        or certification requirements and authorities; and
            ``(B) the movement of the member's dependents is authorized 
        at the expense of the United States under this section as part 
        of the reassignment.

    ``(2) Reimbursement provided to a member under this subsection may 
not exceed $1000 in connection with each reassignment described in 
paragraph (1).
    ``(3) No reimbursement may be provided under this subsection for 
qualified relicensing costs paid or incurred after December 31, 2024.
    ``(4) <<NOTE: Definition.>>  In this subsection, the term `qualified 
relicensing costs' means costs, including exam, continuing education 
courses, and registration fees, incurred by the spouse of a member if--
            ``(A) the spouse was licensed or certified in a profession 
        during the member's previous duty assignment and requires a new 
        license or certification to engage in that profession in a new 
        jurisdiction because of movement described in paragraph (1)(B) 
        in connection with the member's change in duty location pursuant 
        to reassignment described in paragraph (1)(A); and
            ``(B) the costs were incurred or paid to secure or maintain 
        the license or certification from the new jurisdiction in 
        connection with such reassignment.''.

[[Page 134 STAT. 3677]]

    (b) Repeal of Superseded Authority.--Section 476 of such 
title <<NOTE: 37 USC 476.>>  is amended by striking subsection (p).
SEC. 623. EXPANSION OF DEATH GRATUITY FOR ROTC GRADUATES.

    Section 623(b) of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116-92) <<NOTE: 10 USC 1475 note.>>  is amended by 
striking ``the date of the enactment of this Act'' and inserting ``May 
1, 2017''.
SEC. 624. EXPANSION OF ASSISTANCE FOR GOLD STAR SPOUSES AND OTHER 
                        DEPENDENTS.

    Section 633(a) of the National Defense Authorization Act for Fiscal 
Year 2014 (10 U.S.C. 1475 note) is amended--
            (1) by redesignating paragraphs (1) through (4) as 
        subparagraphs (A) through (D), respectively;
            (2) by inserting ``(1)'' before ``Each Secretary'';
            (3) in the matter preceding paragraph (1), by inserting ``a 
        casualty assistance officer who is'' after ``jurisdiction of 
        such Secretary'';
            (4) by striking ``spouses and other dependents of members'' 
        and all that follows through ``services:'' and inserting an em 
        dash; and
            (5) by inserting before subparagraph (A), as redesignated, 
        the following:
            ``(A) a spouse and any other dependent of a member of such 
        Armed Force (including the reserve components thereof) who dies 
        on active duty; and
            ``(B) a dependent described in subparagraph (A) if the 
        spouse of the deceased member dies and the dependent (or the 
        guardian of such dependent) requests such assistance.

    ``(2) Casualty assistance officers described in paragraph (1) shall 
provide to spouses and dependents described in that paragraph the 
following services:''.
SEC. 625. GOLD STAR FAMILIES PARKS PASS.

    (a) In General.--Section 805(b) of the Federal Lands Recreation 
Enhancement Act (16 U.S.C. 6804(b)) is amended by adding at the end the 
following:
            ``(3) Gold star families parks pass.--The Secretary shall 
        make the National Parks and Federal Recreational Lands Pass 
        available, at no cost, to members of Gold Star Families who meet 
        the eligibility requirements of section 3.2 of Department of 
        Defense Instruction 1348.36 (or a successor instruction).''.

    (b) Technical and Conforming Amendments.--Section 805 of the Federal 
Lands Recreation Enhancement Act (16 U.S.C. 6804) is amended--
            (1) in subsection (a)(7), in the first sentence, by striking 
        ``age and disability''; and
            (2) in subsection (b)--
                    (A) in paragraph (1)(A), in the second sentence, in 
                the matter preceding clause (i), by striking ``this 
                subsection'' and inserting ``this paragraph''; and
                    (B) in paragraph (2), in the second sentence, by 
                striking ``this subsection'' and inserting ``this 
                paragraph''.

[[Page 134 STAT. 3678]]

SEC. 626. RECALCULATION OF FINANCIAL ASSISTANCE FOR PROVIDERS OF 
                        CHILD CARE SERVICES AND YOUTH PROGRAM 
                        SERVICES FOR DEPENDENTS.

    (a) <<NOTE: Deadline. Determination.>>  In General.--Not later than 
July 1, 2021, the Secretary of Defense shall develop a method by which 
to determine and implement appropriate amounts of financial assistance 
under section 1798 of title 10, United States Code. In such development, 
the Secretary shall take into consideration the following:
            (1) Grades of members of the Armed Forces.
            (2) The cost of living in an applicable locale.
            (3) Whether a military installation has a military child 
        development center, including any wait list length.
            (4) Whether a military child development center has vacant 
        child care employee positions.
            (5) The capacity of licensed civilian child care providers 
        in an applicable locale.
            (6) The average cost of licensed civilian child care 
        services available in an applicable locale.
            (7) The sufficiency of the stipend furnished by the 
        Secretary to members of the Armed Forces for civilian child 
        care.

    (b) Report.--Not later than August 1, 2021, the Secretary shall 
submit a report the Committees on Armed Services of the Senate and the 
House of Representatives on the method developed under this section.
    (c) Definitions.--In this section, the terms ``child care employee'' 
and ``military child development center'' have the meanings given those 
terms in section 1800 of title 10, United States Code.
SEC. 627. <<NOTE: Determinations. 10 USC 1796 note.>>  PRIORITY 
                        FOR CERTAIN MILITARY FAMILY HOUSING TO A 
                        MEMBER OF THE ARMED FORCES WHOSE SPOUSE 
                        AGREES TO PROVIDE FAMILY HOME DAY CARE 
                        SERVICES.

    (a) Priority.--If the Secretary of a military department determines 
that not enough child care employees are employed at a military child 
development center on a military installation under the jurisdiction of 
that Secretary to adequately care for the children of members of the 
Armed Forces stationed at that military installation, the Secretary, to 
the extent practicable, may give priority for covered military family 
housing to a member whose spouse is an eligible military spouse.
    (b) Number of Priority Positions.--A Secretary of a military 
department may grant priority under subsection (a) only to the minimum 
number of eligible military spouses that the Secretary determines 
necessary to provide adequate child care to the children of members 
stationed at a military installation described in subsection (a).
    (c) Limitation.--Nothing in this section may be construed to require 
the Secretary of a military department to provide covered military 
family housing that has been adapted for disabled individuals to a 
member under this section instead of to a member with one more 
dependents enrolled in the Exceptional Family Member Program.
    (d) Result of Failure To Provide Family Home Day Care Services or 
Loss of Eligibility.--The Secretary of the military department concerned 
may remove a household provided covered military family housing under 
this section therefrom if the Secretary determines the spouse of that 
member has failed to abide by an

[[Page 134 STAT. 3679]]

agreement described in subsection (e)(3) or has ceased to be an eligible 
military spouse. <<NOTE: Time period.>>  Such removal may not occur 
sooner than 60 days after the date of such determination.

    (e) Definitions.--In this section:
            (1) The terms ``child care employee'', ``family home day 
        care'', and ``military child development center'' have the 
        meanings given those terms in section 1800 of title 10, United 
        States Code.
            (2) The term ``covered military family housing'' means 
        military family housing--
                    (A) located on a military installation described in 
                subsection (a); and
                    (B) that the Secretary of the military department 
                concerned determines is large enough to provide family 
                home day care services to no fewer than six children 
                (not including children in the household of the eligible 
                military spouse).
            (3) The term ``eligible military spouse'' means a military 
        spouse who--
                    (A) is eligible for military family housing;
                    (B) is eligible to provide family home day care 
                services;
                    (C) has provided family home day care services for 
                at least one year; and
                    (D) agrees in writing to provide family home day 
                care services in covered military family housing for a 
                period not shorter than one year.
SEC. 628. STUDY ON FEASIBILITY AND ADVISABILITY OF TSP 
                        CONTRIBUTIONS BY MILITARY SPOUSES.

    (a) Study Required.--The Secretary of Defense shall conduct a study 
on the feasibility and advisability of potential enhancements to the 
military Thrift Savings Plan administered by the Federal Retirement 
Thrift Investment Board.
    (b) Elements.--The study under subsection (a) shall include the 
following:
            (1) <<NOTE: Evaluation.>>  An evaluation of the effect of 
        allowing military spouses to contribute or make eligible 
        retirement account transfers to the military Thrift Savings Plan 
        account of the member of the Armed Forces to whom that military 
        spouse in married.
            (2) <<NOTE: Determination.>>  Legislation the Secretary 
        determines necessary to permit contributions and transfers 
        described in paragraph (1).

    (c) <<NOTE: Recommenda- tions.>>  Reporting.--
            (1) Initial report.--Not later than February 1, 2021, the 
        Secretary of Defense shall submit to the Committee on Homeland 
        Security & Governmental Affairs of the Senate, the Committee on 
        Oversight and Reform of the House of Representatives, and the 
        Federal Retirement Thrift Investment Board, a report on the 
        results of the study under subsection (a).
            (2) <<NOTE: Deadline.>>  Analysis.--Not later than 60 days 
        after receiving the report under paragraph (1), the Federal 
        Thrift Savings Retirement Board shall analyze the report under 
        paragraph (1), generate recommendations and comments it 
        determines appropriate, and submit such analysis, 
        recommendations, and comments to the Secretary.
            (3) Final report.--Not later than April 1, 2021, the 
        Secretary shall submit to the Committees on Armed Services of 
        the Senate and House of Representatives--

[[Page 134 STAT. 3680]]

                    (A) the report under paragraph (1);
                    (B) <<NOTE: Analysis.>>  the analysis, 
                recommendations, and comments under paragraph (2); and
                    (C) the recommendations of the Secretary regarding 
                elements described in subsection (b).
SEC. 629. REPORT ON IMPLICATIONS OF EXPANSION OF AUTHORITY TO 
                        PROVIDE FINANCIAL ASSISTANCE TO CIVILIAN 
                        PROVIDERS OF CHILD CARE SERVICES OR YOUTH 
                        PROGRAM SERVICES FOR SURVIVORS OF MEMBERS 
                        OF THE ARMED FORCES WHO DIE IN THE LINE OF 
                        DUTY.

    (a) Report Required.--Not later than one year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the Committees on Armed Services of the Senate and House 
of Representatives a report on the implications of expansion of the 
authority under section 1798 of title 10, United States Code, to provide 
financial assistance to civilian providers of child care services or 
youth program services for survivors of members of the Armed Forces who 
die in the line of duty, without regard to whether such deaths occurred 
in combat-related incidents.
    (b) Elements.--The report under subsection (a) shall include the 
following:
            (1) <<NOTE: Analysis. Time period.>>  An analysis of data 
        during the five years preceding the date of the report that 
        regarding the number of--
                    (A) members of the Armed Forces who died in the line 
                of duty; and
                    (B) dependents of such members who would be eligible 
                for services described in subsection (a).
            (2) <<NOTE: Cost estimate.>>  The estimated cost of the 
        expansion described in subsection (a).
            (3) <<NOTE: Assessment.>>  An assessment of how such 
        expansion would affect the availability of such services for 
        children of members of the Armed Forces on active duty, 
        particularly in areas where demand for such services by such 
        members is greatest.
            (4) <<NOTE: Assessment.>>  An assessment of existing 
        programs of the Department of Defense that provide financial 
        assistance described in subsection (a).
            (5) <<NOTE: Recommenda- tions.>>  Recommendations for 
        legislative or administrative action to expand the provision of 
        services described in subsection (a).
SEC. 629A. REPORT ON EXTENSION OF COMMISSARY AND EXCHANGE BENEFITS 
                          FOR SURVIVING REMARRIED SPOUSES WITH 
                          DEPENDENT CHILDREN OF MEMBERS OF THE 
                          ARMED FORCES WHO DIE WHILE ON ACTIVE 
                          DUTY OR CERTAIN RESERVE DUTY.

    (a) <<NOTE: Consultation. Procedures.>>  Report Required.--The 
Secretary of Defense, in consultation with the Secretary of Homeland 
Security, shall submit to the Committees on Armed Services of the Senate 
and the House of Representatives a report on procedures of the 
Department of Defense by which an eligible remarried spouse may obtain 
access, as appropriate, to a military installation in order to use a 
commissary store or MWR retail facility.

    (b) Elements.-- The report under this section shall include the 
following:
            (1) Procedures by which an eligible remarried spouse may 
        obtain a personal agent designation.

[[Page 134 STAT. 3681]]

            (2) <<NOTE: Requirements.>>  Administrative requirements for 
        an eligible remarried spouse to obtain access described in 
        subsection (a).
            (3) <<NOTE: Assessment.>>  An assessment of the consistency 
        of procedures described in subsection (a) across--
                    (A) the Armed Forces; and
                    (B) installations of the Department of Defense.
            (4) Security considerations arising from granting access 
        described in subsection (a).
            (5) Other matters the Secretary of Defense determines 
        appropriate.

    (c) Deadline.--The Secretary shall submit the report under this 
section not later than March 1, 2021.
    (d) Definitions.--In this section:
            (1) The term ``eligible remarried spouse'' means an 
        individual who is a surviving former spouse of a covered member 
        of the Armed Forces, who has remarried after the death of the 
        covered member of the Armed Forces and has guardianship of 
        dependent children of the deceased member;
            (2) The term ``covered member of the Armed Forces'' means a 
        member of the Armed Forces who dies while serving--
                    (A) on active duty; or
                    (B) on such reserve duty as the Secretary of Defense 
                and the Secretary of Homeland Security may jointly 
                specify for purposes of this section.
            (3) The term ``MWR retail facility'' has the meaning given 
        that term in section 1063 of title 10, United States Code.

                   Subtitle D--Defense Resale Matters

SEC. 631. BASE RESPONDERS ESSENTIAL NEEDS AND DINING ACCESS.

    (a) In General.--Chapter 54 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1066. <<NOTE: 10 USC 1066.>>  Use of commissary stores and 
                  MWR facilities: protective services civilian 
                  employees

    ``(a) Eligibility of Protective Services Civilian Employees.--An 
individual employed as a protective services civilian employee at a 
military installation may be permitted to purchase food and hygiene 
items at a commissary store or MWR retail facility located on that 
military installation.
    ``(b) <<NOTE: Regulations.>>  User Fee Authority.--(1) The Secretary 
of Defense shall prescribe regulations that impose a user fee on 
individuals who are eligible solely under this section to purchase 
merchandise at a commissary store or MWR retail facility.

    ``(2) The Secretary shall set the user fee under this subsection at 
a rate that the Secretary determines will offset any increase in 
expenses arising from this section borne by the Department of the 
Treasury on behalf of commissary stores associated with the use of 
credit or debit cards for customer purchases, including expenses related 
to card network use and related transaction processing fees.
    ``(3) The Secretary shall deposit funds collected pursuant to a user 
fee under this subsection in the General Fund of the Treasury.
    ``(4) Any fee under this subsection is in addition to the uniform 
surcharge under section 2484(d) of this title.

[[Page 134 STAT. 3682]]

    ``(c) Definitions.--In this section:
            ``(1) The term `MWR retail facility' has the meaning given 
        that term in section 1063 of this title.
            ``(2) The term `protective services civilian employee' means 
        a position in any of the following series (or successor 
        classifications) of the General Schedule:
                    ``(A) Security Administration (GS-0080).
                    ``(B) Fire Protection and Prevention (GS-0081).
                    ``(C) Police (GS-0083).
                    ``(D) Security Guard (GS-0085).
                    ``(E) Emergency Management (GS-0089).''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 54 of title 10, United States Code, <<NOTE: 10 USC 1061 prec.>>  
is amended by adding at the end the following new item:

``1066. Use of commissary stores and MWR facilities: protective services 
           civilian employees.''.

SEC. 632. FIRST RESPONDER ACCESS TO MOBILE EXCHANGES.

    Section 1146 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(d) <<NOTE: Regulations.>>  Emergency Response Providers During a 
Declared Major Disaster or Emergency.--The Secretary of Defense may 
prescribe regulations to allow an emergency response provider (as that 
term is defined in section 2 of the Homeland Security Act of 2002 
(Public Law 107-296; 6 U.S.C. 101)) to use a mobile commissary or 
exchange store deployed to an area covered by a declaration of a major 
disaster or emergency under section 401 of the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act (42 U.S.C. 5170).''.
SEC. 633. <<NOTE: Deadlines.>>  UPDATED BUSINESS CASE ANALYSIS FOR 
                        CONSOLIDATION OF THE DEFENSE RESALE 
                        SYSTEM.

    (a) <<NOTE: Coordination.>>  In General.--Not later than March 1, 
2021, the Chief Management Officer of the Department of Defense, in 
coordination with the Undersecretary of Defense for Personnel and 
Readiness, shall update the study titled ``Study to Determine the 
Feasibility of Consolidation of the Defense Resale Entities'' and dated 
December 4, 2018, to include a new business case analysis that--
            (1) establishes new baselines for--
                    (A) savings from the costs of goods sold;
                    (B) costs of new information technology required for 
                such consolidation; and
                    (C) costs of headquarters relocation arising from 
                such consolidation; and
            (2) addresses each recommendation for executive action in 
        the Government Accountability Office report GAO-20-418SU.

    (b) Review and Comment.--Not later than April 1, 2021, the Secretary 
of Defense shall make the updated business case analysis (in this 
section referred to as the ``updated BCA'') available to the Secretaries 
of the military departments for comment.
    (c) Submittal to Congressional Committees.--Not later than June 1, 
2021, the Secretary of Defense shall make any comments made under 
subsection (b) and the updated BCA available to the Committees on Armed 
Services of the Senate and the House of Representatives.

[[Page 134 STAT. 3683]]

    (d) <<NOTE: Notification.>>  Delay of Consolidation.--The Secretary 
of Defense may not take any action to consolidate military exchanges and 
commissaries until the Committees on Armed Services of the Senate and 
the House of Representatives notify the Secretary in writing of receipt 
and acceptance of the updated BCA.

             Subtitle E--Other Personnel Rights and Benefits

SEC. 641. APPROVAL OF CERTAIN ACTIVITIES BY RETIRED AND RESERVE 
                        MEMBERS OF THE UNIFORMED SERVICES.

    (a) Clarification of Activities for Which Approval Required.--
Section 908 of title 37, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1)--
                          (i) by striking ``subsection (b)'' and 
                      inserting ``subsections (b) and (c)''; and
                          (ii) by inserting ``, accepting payment for 
                      speeches, travel, meals, lodging, or registration 
                      fees, or accepting a non-cash award,'' after 
                      ``that employment)''; and
                    (B) in paragraph (2), by striking ``armed forces'' 
                and inserting ``armed forces, except members serving on 
                active duty under a call or order to active duty for a 
                period in excess of 30 days'';
            (2) in the heading of subsection (b), by inserting ``for 
        Employment and Compensation'' after ``Approval Required'';
            (3) by redesignating subsections (c) and (d) as subsections 
        (d) and (e), respectively; and
            (4) by inserting after subsection (b) the following new 
        subsection (c):

    ``(c) Approval Required for Certain Payments and Awards.--A person 
described in subsection (a) may accept payment for speeches, travel, 
meals, lodging, or registration fees described in that subsection, or 
accept a non-cash award described in that subsection, only if the 
Secretary concerned approves the payment or award.''.
    (b) Annual Reports on Approvals.--Subsection (d) of such section, as 
redesignated by subsection (a)(3) of this section, is amended--
            (1) by inserting ``(1)'' before ``Not later than'';
            (2) in paragraph (1), as designated by paragraph (1) of this 
        subsection, by inserting ``, and each approval under subsection 
        (c) for a payment or award described in subsection (a),'' after 
        ``in subsection (a)''; and
            (3) by adding at the end the following new paragraph:

    ``(2) The report under paragraph (1) on an approval described in 
that paragraph with respect to an officer shall set forth the following:
            ``(A) The foreign government providing the employment or 
        compensation or payment or award.
            ``(B) The duties, if any, to be performed in connection with 
        the employment or compensation or payment or award.
            ``(C) The total amount of compensation, if any, or payment 
        to be provided.''.

    (c) Conforming Amendments.--

[[Page 134 STAT. 3684]]

            (1) Section heading.--The heading of such section is amended 
        to read as follows:
``Sec. 908. Reserves and retired members: acceptance of 
                employment, payments, and awards from foreign 
                governments''.
            (2) Table of sections.--The table of sections at the 
        beginning of chapter 17 of such title is <<NOTE: 37 USC 901 
        prec.>>  amended by striking the item relating to section 908 
        and inserting the following new item:

``908. Reserves and retired members: acceptance of employment, payments, 
           and awards from foreign governments.''.

SEC. 642. PERMANENT AUTHORITY FOR AND ENHANCEMENT OF THE 
                        GOVERNMENT LODGING PROGRAM.

    (a) Permanent Authority.--Section 914 of the Carl Levin and Howard 
P. ``Buck'' McKeon National Defense Authorization Act for Fiscal Year 
2015 (5 U.S.C. 5911 note) is amended--
            (1) in subsection (a), by striking ``, for the period of 
        time described in subsection (b),''; and
            (2) by striking subsection (b).

    (b) Temporary Exclusion of Certain Shipyard Employees.--Such section 
is further amended by inserting after subsection (a) the following new 
subsection (b):
    ``(b) Temporary Exclusion of Certain Shipyard Employees.--
            ``(1) In general.--In carrying out a Government lodging 
        program under subsection (a), the Secretary shall exclude from 
        the requirements of the program employees who are traveling for 
        the performance of mission functions of a public shipyard of the 
        Department if the Secretary determines such requirements would 
        adversely affect the purpose or mission of such travel.
            ``(2) Termination.--This subsection shall terminate on 
        September 30, 2023.''.

    (c) Conforming Amendment.--The heading of such section is amended to 
read as follows:
``SEC. 914. GOVERNMENT LODGING PROGRAM.''.
SEC. 643. OPERATION OF STARS AND STRIPES.

    (a) <<NOTE: Time period. Notice.>>  Operation.--Subject to 
appropriations, the Secretary of Defense may not cease operation and 
maintenance of Stars and Stripes until 180 days after the date on which 
the Secretary submits to the Committees on Armed Service of the Senate 
and the House of Representatives notice of the proposed cessation of 
such operation and maintenance.

    (b) <<NOTE: Coordination.>>  Report on Business Case Analysis.--Not 
later than March 1, 2021, the Secretary of Defense, in coordination with 
the editor of Stars and Stripes, shall submit a report to the Committees 
on Armed Services of the Senate and the House of Representatives 
detailing the business case analysis for various options for Stars and 
Stripes. <<NOTE: Analysis.>>  The report shall contain the following 
elements:
            (1) An analysis of the pros and cons of, and business case 
        for, continuing the operation and publication of Stars and 
        Stripes at its current levels, including other options for the 
        independent reporting currently provided, especially in a 
        deployed environment.

[[Page 134 STAT. 3685]]

            (2) An analysis of the modes of communication used by Stars 
        and Stripes.
            (3) An analysis of potential reduced operations of Stars and 
        Stripes.
            (4) An analysis of the operation of Stars and Stripes solely 
        as a non-appropriated fund entity.
            (5) An analysis of operating Stars and Stripes as a category 
        B morale, welfare, and recreation entity.
            (6) An <<NOTE: Assessment.>>  assessment of the value of the 
        availability of Stars and Stripes (in print or an electronic 
        version) to deployed or overseas members of the Armed Forces.

                    TITLE VII--HEALTH CARE PROVISIONS

           Subtitle A--TRICARE and Other Health Care Benefits

Sec. 701. Improvement to breast cancer screening.
Sec. 702. Waiver of fees charged to certain civilians for emergency 
           medical treatment provided at military medical treatment 
           facilities.
Sec. 703. Authority for Secretary of Defense to manage provider type 
           referral and supervision requirements under TRICARE program.
Sec. 704. Expansion of benefits available under TRICARE Extended Care 
           Health Option program.
Sec. 705. Sale of hearing aids for dependents of certain members of the 
           reserve components.
Sec. 706. Pilot program on receipt of non-generic prescription 
           maintenance medications under TRICARE pharmacy benefits 
           program.

                 Subtitle B--Health Care Administration

Sec. 711. Repeal of administration of TRICARE dental plans through 
           Federal Employees Dental and Vision Insurance Program.
Sec. 712. Protection of the Armed Forces from infectious diseases.
Sec. 713. Inclusion of drugs, biological products, and critical medical 
           supplies in national security strategy for national 
           technology and industrial base.
Sec. 714. Contract authority of the Uniformed Services University of the 
           Health Sciences.
Sec. 715. Membership of Board of Regents of Uniformed Services 
           University of the Health Sciences.
Sec. 716. Temporary exemption for Uniformed Services University of the 
           Health Sciences from certain Paperwork Reduction Act 
           requirements.
Sec. 717. Modification to limitation on the realignment or reduction of 
           military medical manning end strength.
Sec. 718. Modifications to implementation plan for restructure or 
           realignment of military medical treatment facilities.
Sec. 719. Policy to address prescription opioid safety.
Sec. 720. Addition of burn pit registration and other information to 
           electronic health records of members of the Armed Forces.
Sec. 721. Inclusion of information on exposure to open burn pits in 
           postdeployment health reassessments.

                Subtitle C--Matters Relating to COVID-19

Sec. 731. COVID-19 military health system review panel.
Sec. 732. Department of Defense pandemic preparedness.
Sec. 733. Transitional health benefits for certain members of the 
           National Guard serving under orders in response to the 
           coronavirus (COVID-19).
Sec. 734. Registry of certain TRICARE beneficiaries diagnosed with 
           COVID-19.
Sec. 735. Health assessments of veterans diagnosed with pandemic 
           diseases to determine exposure to open burn pits and toxic 
           airborne chemicals.
Sec. 736. Comptroller General study on delivery of mental health 
           services to members of the Armed Forces during the COVID-19 
           pandemic.

                  Subtitle D--Reports and Other Matters

Sec. 741. Modifications to pilot program on civilian and military 
           partnerships to enhance interoperability and medical surge 
           capability and capacity of National Disaster Medical System.
Sec. 742. Reports on suicide among members of the Armed Forces and 
           suicide prevention programs and activities of the Department 
           of Defense.

[[Page 134 STAT. 3686]]

Sec. 743. Extension of authority for Joint Department of Defense-
           Department of Veterans Affairs Medical Facility Demonstration 
           Fund.
Sec. 744. Military Health System Clinical Quality Management Program.
Sec. 745. Wounded Warrior Service Dog Program.
Sec. 746. Extramedical maternal health providers demonstration project.
Sec. 747. Briefing on diet and nutrition of members of the Armed Forces.
Sec. 748. Audit of medical conditions of residents in privatized 
           military housing.
Sec. 749. Assessment of receipt by civilians of emergency medical 
           treatment at military medical treatment facilities.
Sec. 750. Study on the incidence of cancer diagnosis and mortality among 
           military aviators and aviation support personnel.
Sec. 751. Study on exposure to toxic substances at Karshi-Khanabad Air 
           Base, Uzbekistan.
Sec. 752. Review and report on prevention of suicide among members of 
           the Armed Forces stationed at remote installations outside 
           the contiguous United States.
Sec. 753. Study on medevac helicopters and ambulances at certain 
           military installations.
Sec. 754. Comptroller General study on prenatal and postpartum mental 
           health conditions among members of the Armed Forces and their 
           dependents.
Sec. 755. Report on lapses in TRICARE coverage for members of the 
           National Guard and reserve components.
Sec. 756. Study and report on increasing telehealth services across 
           Armed Forces.
Sec. 757. Study on force mix options and service models to enhance 
           readiness of medical force of the Armed Forces.
Sec. 758. Report on billing practices for health care from Department of 
           Defense.

 Subtitle E--Mental Health Services From Department of Veterans Affairs 
                    for Members of Reserve Components

Sec. 761. Short title.
Sec. 762. Expansion of eligibility for readjustment counseling and 
           related outpatient services from Department of Veterans 
           Affairs to include members of reserve components of the Armed 
           Forces.
Sec. 763. Provision of mental health services from Department of 
           Veterans Affairs to members of reserve components of the 
           Armed Forces.
Sec. 764. Inclusion of members of reserve components in mental health 
           programs of Department of Veterans Affairs.
Sec. 765. Report on mental health and related services provided by 
           Department of Veterans Affairs to members of the Armed 
           Forces.

           Subtitle A--TRICARE and Other Health Care Benefits

SEC. 701. IMPROVEMENT TO BREAST CANCER SCREENING.

    Section 1074d(b)(2) of title 10, United States Code, is amended by 
inserting before the period at the end the following: ``, including 
through the use of digital breast tomosynthesis''.
SEC. 702. WAIVER OF FEES CHARGED TO CERTAIN CIVILIANS FOR 
                        EMERGENCY MEDICAL TREATMENT PROVIDED AT 
                        MILITARY MEDICAL TREATMENT FACILITIES.

    Section 1079b of title 10, United States Code, is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following new 
        subsection (b):

    ``(b) Waiver of Fees.--The Secretary may waive a fee that would 
otherwise be charged under the procedures implemented under subsection 
(a) to a civilian who is not a covered beneficiary if--
            ``(1) the civilian is unable to pay for the costs of the 
        trauma or other medical care provided to the civilian (including 
        any such costs remaining after the Secretary receives payment 
        from an insurer for such care, as applicable); and

[[Page 134 STAT. 3687]]

            ``(2) the provision of such care enhances the knowledge, 
        skills, and abilities of health care providers, as determined by 
        the Secretary.''.
SEC. 703. AUTHORITY FOR SECRETARY OF DEFENSE TO MANAGE PROVIDER 
                        TYPE REFERRAL AND SUPERVISION REQUIREMENTS 
                        UNDER TRICARE PROGRAM.

    Section 1079(a)(12) of title 10, United States Code, is amended, in 
the first sentence, by striking ``or certified clinical social worker,'' 
and inserting ``certified clinical social worker, or other class of 
provider as designated by the Secretary of Defense,''.
SEC. 704. EXPANSION OF BENEFITS AVAILABLE UNDER TRICARE EXTENDED 
                        CARE HEALTH OPTION PROGRAM.

    (a) Extended Benefits for Eligible Dependents.--Subsection (e) of 
section 1079 of title 10, United States Code, is amended to read as 
follows:
    ``(e)(1) Extended benefits for eligible dependents under subsection 
(d) may include comprehensive health care services (including services 
necessary to maintain, or minimize or prevent deterioration of, function 
of the patient) and case management services with respect to the 
qualifying condition of such a dependent, and include, to the extent 
such benefits are not provided under provisions of this chapter other 
than under this section, the following:
            ``(A) Diagnosis and screening.
            ``(B) Inpatient, outpatient, and comprehensive home health 
        care supplies and services which may include cost-effective and 
        medically appropriate services other than part-time or 
        intermittent services (within the meaning of such terms as used 
        in the second sentence of section 1861(m) of the Social Security 
        Act (42 U.S.C. 1395x)).
            ``(C) Rehabilitation services and devices.
            ``(D) In accordance with paragraph (2), respite care for the 
        primary caregiver of the eligible dependent.
            ``(E) In accordance with paragraph (3), service and 
        modification of durable equipment and assistive technology 
        devices.
            ``(F) Special education.
            ``(G) Vocational training, which may be furnished to an 
        eligible dependent in the residence of the eligible dependent or 
        at a facility in which such training is provided.
            ``(H) Such other services and supplies as determined 
        appropriate by the Secretary, notwithstanding the limitations in 
        subsection (a)(12).

    ``(2) Respite care under paragraph (1)(D) shall be provided subject 
to the following conditions:
            ``(A) <<NOTE: Regulations.>>  Pursuant to regulations 
        prescribed by the Secretary for purposes of this paragraph, such 
        respite care shall be limited to 32 hours per month for a 
        primary caregiver.
            ``(B) Unused hours of such respite care may not be carried 
        over to another month.
            ``(C) Such respite care may be provided to an eligible 
        beneficiary regardless of whether the eligible beneficiary is 
        receiving another benefit under this subsection.

    ``(3)(A) <<NOTE: Determination.>>  Service and modification of 
durable equipment and assistive technology devices under paragraph 
(1)(E) may be provided

[[Page 134 STAT. 3688]]

only upon determination by the Secretary that the service or 
modification is necessary for the use of such equipment or device by the 
eligible dependent.

    ``(B) Service and modification of durable equipment and assistive 
technology devices under such paragraph may not be provided--
            ``(i) in the case of misuse, loss, or theft of the equipment 
        or device; or
            ``(ii) for a deluxe, luxury, or immaterial feature of the 
        equipment or device, as determined by the Secretary.

    ``(C) Service and modification of durable equipment and assistive 
technology devices under such paragraph may include training of the 
eligible dependent and immediate family members of the eligible 
dependent on the use of the equipment or device.''.
    (b) Conforming Amendment.--Subsection (f) of section 1079 of title 
10, United States Code, is amended by striking ``paragraph (3) or (4) of 
subsection (e)'' each place it appears and inserting ``subparagraph (C), 
(E), (F), or (G) of subsection (e)(1)''.
    (c) Additional Requirements in Office of Special Needs Annual 
Report.--Section 1781c(g)(2) of title 10, United States Code, is 
amended--
            (1) by redesignating subparagraph (C) as subparagraph (D); 
        and
            (2) by inserting after subparagraph (B) the following new 
        subparagraph (C):
            ``(C) <<NOTE: Assessments.>>  With respect to the Extended 
        Care Health Option program under section 1079(d) of this title--
                    ``(i) the utilization rates of services under such 
                program by eligible dependents (as such term is defined 
                in such section) during the prior year;
                    ``(ii) a description of gaps in such services, as 
                ascertained by the Secretary from information provided 
                by families of eligible dependents;
                    ``(iii) an assessment of factors that prevent 
                knowledge of and access to such program, including a 
                discussion of actions the Secretary may take to address 
                these factors; and
                    ``(iv) an assessment of the average wait time for an 
                eligible dependent enrolled in the program to access 
                alternative health coverage for a qualifying condition 
                (as such term is defined in such section), including a 
                discussion of any adverse health outcomes associated 
                with such wait.''.

    (d) Comptroller General Report.--
            (1) Submission.--Not later than April 1, 2022, the 
        Comptroller General of the United States shall submit to the 
        Committees on Armed Services of the House of Representatives and 
        the Senate a report on caregiving available to eligible 
        dependents under programs such as home- and community-based 
        services provided under State Medicaid plans pursuant to waivers 
        under section 1915 of the Social Security Act (42 U.S.C. 1396n) 
        or the Program of Comprehensive Assistance for Family Caregivers 
        of the Department of Veterans Affairs established under section 
        1720G of title 38, United States Code.
            (2) Matters.--The <<NOTE: Analyses.>>  report under 
        paragraph (1) shall include--
                    (A) an analysis of best practices for the 
                administration of programs to support caregivers of 
                individuals with

[[Page 134 STAT. 3689]]

                intellectual or physical disabilities, based on input 
                from payers, administrators, individuals receiving care 
                from such caregivers, and advocates;
                    (B) a comparison of the provision of respite and 
                related care under the Extended Care Health Option 
                program under section 1079(d) of title 10, United States 
                Code, and similar care provided under programs specified 
                in paragraph (1), to identify best practices from such 
                program and, if necessary, make recommendations for 
                improvement; and
                    (C) an analysis of the reasons eligible dependents 
                do not qualify for State programs under which caregiving 
                is available, such as home- and community-based services 
                provided under State Medicaid plans as specified in 
                paragraph (1), with respect to the State in which the 
                eligible dependent is located.
            (3) Eligible dependent defined.--In this subsection, 
        ``eligible dependent'' has the meaning given such term in 
        section 1079(d) of title 10, United States Code.
SEC. 705. SALE OF HEARING AIDS FOR DEPENDENTS OF CERTAIN MEMBERS 
                        OF THE RESERVE COMPONENTS.

    Section 1077(g) of title 10, United States Code, is amended--
            (1) by striking ``In addition'' and inserting ``(1) In 
        addition''; and
            (2) by adding at the end the following new paragraph:

    ``(2) For purposes of selling hearing aids at cost to the United 
States under paragraph (1), a dependent of a member of the reserve 
components who is enrolled in the TRICARE program under section 1076d of 
this title shall be deemed to be a dependent eligible for care under 
this section.''.
SEC. 706. <<NOTE: 10 USC 1074g note.>>  PILOT PROGRAM ON RECEIPT 
                        OF NON-GENERIC PRESCRIPTION MAINTENANCE 
                        MEDICATIONS UNDER TRICARE PHARMACY 
                        BENEFITS PROGRAM.

    (a) Pilot Program.--
            (1) Authority.--Subject to paragraph (2), the Secretary of 
        Defense may carry out a pilot program under which eligible 
        covered beneficiaries may elect to receive non-generic 
        prescription maintenance medications selected by the Secretary 
        under subsection (c) through military medical treatment facility 
        pharmacies, retail pharmacies, or the national mail-order 
        pharmacy program, notwithstanding section 1074g(a)(9) of title 
        10, United States Code.
            (2) <<NOTE: Determination.>> Requirement.--The Secretary may 
        carry out the pilot program under paragraph (1) only if the 
        Secretary determines that the total costs to the Department of 
        Defense for eligible covered beneficiaries to receive non-
        generic prescription maintenance medications under the pilot 
        program will not exceed the total costs to the Department for 
        such beneficiaries to receive such medications under the 
        national mail-order pharmacy program pursuant to section 
        1074g(a)(9) of title 10, United States Code. In making such 
        determination, the Secretary shall consider all manufacturer 
        discounts, refunds and rebates, pharmacy transaction fees, and 
        all other costs.

    (b) <<NOTE: Deadline.>>  Duration.--If the Secretary carries out the 
pilot program under subsection (a)(1), the Secretary shall carry out the 
pilot

[[Page 134 STAT. 3690]]

program for a three-year period beginning not later than March 1, 2021.

    (c) Selection of Medication.--If the Secretary carries out the pilot 
program under subsection (a)(1), the Secretary shall select non-generic 
prescription maintenance medications described in section 
1074g(a)(9)(C)(ii) of title 10, United States Code, to be covered by the 
pilot program.
    (d) Notification.--If the Secretary carries out the pilot program 
under subsection (a)(1), in providing each eligible covered beneficiary 
with an explanation of benefits, the Secretary shall notify the 
beneficiary of whether the medication that the beneficiary is prescribed 
is covered by the pilot program.
    (e) Briefing and Reports.--
            (1) <<NOTE: Deadline.>>  Briefing.--If the Secretary 
        determines to carry out the pilot program under subsection 
        (a)(1), not later than 90 days after the date of the enactment 
        of this Act, the Secretary shall provide to the Committees on 
        Armed Services of the House of Representatives and the Senate a 
        briefing on the implementation of the pilot program.
            (2) Interim report.--If the Secretary carries out the pilot 
        program under subsection (a)(1), not later than 18 months after 
        the commencement of the pilot program, the Secretary shall 
        submit to the Committees on Armed Services of the House of 
        Representatives and the Senate a report on the pilot program.
            (3) Comptroller general report.--
                    (A) In general.--If the Secretary carries out the 
                pilot program under subsection (a)(1), not later than 
                March 1, 2024, the Comptroller General of the United 
                States shall submit to the Committees on Armed Services 
                of the House of Representatives and the Senate a report 
                on the pilot program.
                    (B) Elements.--The report under subparagraph (A) 
                shall include the following:
                          (i) The number of eligible covered 
                      beneficiaries who participated in the pilot 
                      program and an assessment of the satisfaction of 
                      such beneficiaries with the pilot program.
                          (ii) The rate by which eligible covered 
                      beneficiaries elected to receive non-generic 
                      prescription maintenance medications at a retail 
                      pharmacy pursuant to the pilot program, and how 
                      such rate affected military medical treatment 
                      facility pharmacies and the national mail-order 
                      pharmacy program.
                          (iii) The amount of cost savings realized by 
                      the pilot program, including with respect to--
                                    (I) dispensing fees incurred at 
                                retail pharmacies compared to the 
                                national mail-order pharmacy program for 
                                brand name prescription drugs;
                                    (II) administrative fees;
                                    (III) any costs paid by the United 
                                States for the drugs in addition to the 
                                procurement costs;
                                    (IV) the use of military medical 
                                treatment facilities; and
                                    (V) copayments paid by eligible 
                                covered beneficiaries.
                          (iv) A comparison of supplemental rebates 
                      between retail pharmacies and other points of 
                      sale.

[[Page 134 STAT. 3691]]

    (f) Rule of Construction.--Nothing in this section may be construed 
to affect--
            (1) the ability of the Secretary to carry out section 
        1074g(a)(9)(C) of title 10, United States Code, after the date 
        on which the pilot program is completed; or
            (2) the prices established for medications under section 
        8126 of title 38, United States Code.

    (g) Definitions.--In this section:
            (1) The term ``eligible covered beneficiary'' has the 
        meaning given that term in section 1074g(i) of title 10, United 
        States Code.
            (2) The terms ``military medical treatment facility 
        pharmacies'', ``retail pharmacies'', and ``the national mail-
        order pharmacy program'' mean the methods for receiving 
        prescription drugs as described in clauses (i), (ii), and (iii), 
        respectively, of section 1074g(a)(2)(E) of title 10, United 
        States Code.

                 Subtitle B--Health Care Administration

SEC. 711. REPEAL OF ADMINISTRATION OF TRICARE DENTAL PLANS THROUGH 
                        FEDERAL EMPLOYEES DENTAL AND VISION 
                        INSURANCE PROGRAM.

    (a) Title 5.--Section 8951(8) of title 5, United States Code, is 
amended by striking ``1076a or''.
    (b) Title 10.--Section 1076a(b) of title 10, United States Code, is 
amended to read as follow:
    ``(b) Administration of Plans.--The plans established under this 
section shall be administered under regulations prescribed by the 
Secretary of Defense in consultation with the other administering 
Secretaries.''.
    (c) Conforming Repeal.--Section 713 of the John S. McCain National 
Defense Authorization Act for Fiscal Year 2019 (Public Law 115-232; 132 
Stat. 1811) <<NOTE: 5 USC 8951 and note; 10 USC 1076a note.>>  is 
repealed.

    (d) Technical Amendment.--Section 1076a(a)(1) of title 10, United 
States Code, is amended by striking the second sentence.
SEC. 712. PROTECTION OF THE ARMED FORCES FROM INFECTIOUS DISEASES.

    (a) In General.--Chapter 55 of title 10, United States Code, is 
amended by inserting after section 1073d the following new section:
``Sec. 1073e. <<NOTE: 10 USC 1073e.>>  Protection of armed forces 
                    from infectious diseases

    ``(a) <<NOTE: Plan.>>  Protection.--The Secretary of Defense shall 
develop and implement a plan to ensure that the armed forces have the 
diagnostic equipment, testing capabilities, and personal protective 
equipment necessary to protect members of the armed forces from the 
threat of infectious diseases and to treat members who contract 
infectious diseases.

    ``(b) Requirements.--In carrying out subsection (a), the Secretary 
shall ensure the following:
            ``(1) Each military medical treatment facility has the 
        testing capabilities described in such subsection, as 
        appropriate for the mission of the facility.
            ``(2) Each deployed naval vessel has access to the testing 
        capabilities described in such subsection.

[[Page 134 STAT. 3692]]

            ``(3) Members of the armed forces deployed in support of a 
        contingency operation outside of the United States have access 
        to the testing capabilities described in such subsection, 
        including at field hospitals, combat support hospitals, field 
        medical stations, and expeditionary medical facilities.
            ``(4) The Department of Defense maintains--
                    ``(A) a 30-day supply of personal protective 
                equipment in a quantity sufficient for each member of 
                the armed forces, including the reserve components 
                thereof; and
                    ``(B) the capability to rapidly resupply such 
                equipment.

    ``(c) <<NOTE: Plan.>>  Research and Development.--(1) The Secretary 
shall include with the defense budget materials (as defined by section 
231(f) of this title) for a fiscal year a plan to research and develop 
vaccines, diagnostics, and therapeutics for infectious diseases.

    ``(2) The Secretary shall ensure that the medical laboratories of 
the Department of Defense are equipped with the technology needed to 
facilitate rapid research and development of vaccines, diagnostics, and 
therapeutics in the case of a pandemic.''.
    (b) Clerical Amendment.--The table of contents at the beginning of 
such chapter <<NOTE: 10 USC 1071 prec.>>  is amended by inserting after 
the item relating to section 1073d the following new item:

``1073e. Protection of armed forces from infectious diseases.''.

SEC. 713. INCLUSION OF DRUGS, BIOLOGICAL PRODUCTS, AND CRITICAL 
                        MEDICAL SUPPLIES IN NATIONAL SECURITY 
                        STRATEGY FOR NATIONAL TECHNOLOGY AND 
                        INDUSTRIAL BASE.

    (a) National Security Strategy for National Technology and 
Industrial Base.--Section 2501(a) of title 10, United States Code, is 
amended by adding at the end the following new paragraph:
            ``(11) Providing for the provision of drugs, biological 
        products, vaccines, and critical medical supplies required to 
        enable combat readiness and protect the health of the armed 
        forces.''.

    (b) Assessment.--
            (1) <<NOTE: Appendix.>>  In general.--The Secretary of 
        Defense shall include with the report required to be submitted 
        in 2022 under section 2504 of title 10, United States Code, an 
        appendix containing an assessment of gaps or vulnerabilities in 
        the national technology and industrial base (as defined by 
        section 2500(1) of such title) with respect to drugs, biological 
        products, vaccines, and critical medical supplies described in 
        section 2501(a)(11) of such title, as amended by subsection (a) 
        of this section. In carrying <<NOTE: Consultation.>>  out such 
        assessment, the Secretary shall consult with the Secretary of 
        Health and Human Services, the Commissioner of Food and Drugs, 
        and the heads of other departments and agencies of the Federal 
        Government that the Secretary of Defense determines appropriate.
            (2) Matters included.--The assessment under paragraph (1) 
        shall include--
                    (A) an identification and origin of any finished 
                drugs, as identified by the Secretary of Defense, and 
                the essential components of such drugs, including raw 
                materials, chemical components, and active 
                pharmaceutical ingredients that are necessary for the 
                manufacture of such drugs, whose supply is at risk of 
                disruption during a time of war or national emergency;

[[Page 134 STAT. 3693]]

                    (B) an identification of shortages of finished 
                drugs, biological products, vaccines, and critical 
                medical supplies essential for combat readiness and the 
                protection of the health of the Armed Forces (including 
                with respect to any challenges or issues with the joint 
                deployment formulary), as identified by the Secretary of 
                Defense;
                    (C) <<NOTE: Recommenda- tions.>>  an identification 
                of the defense and geopolitical contingencies that are 
                sufficiently likely to arise that may lead to the 
                discontinuance, interruption or meaningful disruption in 
                the supply of a drug, biological product, vaccine, or 
                critical medical supply, and recommendations regarding 
                actions the Secretary of Defense should take to 
                reasonably prepare for the occurrence of such 
                contingencies;
                    (D) an identification of any barriers that exist to 
                manufacture finished drugs, biological products, 
                vaccines, and critical medical supplies in the United 
                States, including with respect to regulatory barriers by 
                the Federal Government and whether the raw materials may 
                be found in the United States;
                    (E) an identification of potential partners of the 
                United States with whom the United States can work with 
                to realign the manufacturing capabilities of the United 
                States for such finished drugs, biological products, 
                vaccines, and critical medical supplies;
                    (F) an assessment conducted by the Secretary of 
                Defense of the resilience and capacity of the current 
                supply chain and industrial base to support national 
                defense upon the occurrence of the contingencies 
                identified in subparagraph (C), including with respect 
                to--
                          (i) the manufacturing capacity of the United 
                      States;
                          (ii) gaps in domestic manufacturing 
                      capabilities, including nonexistent, extinct, 
                      threatened, and single-point-of-failure 
                      capabilities;
                          (iii) supply chains with single points of 
                      failure and limited resiliency; and
                          (iv) economic factors, including global 
                      competition, that threaten the viability of 
                      domestic manufacturers; and
                    (G) <<NOTE: Recommenda- tions.>>  recommendations to 
                enhance and strengthen the surge requirements and 
                readiness contracts of the Department of Defense to 
                ensure the sufficiency of the stockpile of the 
                Department of, and the ready access by the Department 
                to, critical medical supplies, pharmaceuticals, 
                vaccines, countermeasure prophylaxis, and personal 
                protective equipment, including with respect to the 
                effectiveness of the theater lead agent for medical 
                materiel program in support of the combatant commands.
            (3) <<NOTE: Appendix.>>  Submission.--In addition to 
        including the assessment under paragraph (1) as an appendix to 
        the report required to be submitted in 2022 under section 2504 
        of title 10, United States Code, the Secretary of Defense shall 
        submit such appendix separately to the appropriate congressional 
        committees.
            (4) <<NOTE: Classified information.>> Form.--The assessment 
        under paragraph (1) shall be submitted in classified form.

[[Page 134 STAT. 3694]]

            (5) Definitions.--In this subsection:
                    (A) The term ``appropriate congressional 
                committees'' means the following:
                          (i) The Committee on Appropriations, the 
                      Committee on Energy and Commerce, and the 
                      Committee on Homeland Security of the House of 
                      Representatives.
                          (ii) The Committee on Appropriations, the 
                      Committee on Health, Education, Labor, and 
                      Pensions, and the Committee on Homeland Security 
                      and Governmental Affairs of the Senate.
                    (B) The term ``critical medical supplies'' includes 
                personal protective equipment, diagnostic tests, testing 
                supplies, and lifesaving breathing apparatuses required 
                to treat severe respiratory illnesses and distress.
SEC. 714. CONTRACT AUTHORITY OF THE UNIFORMED SERVICES UNIVERSITY 
                        OF THE HEALTH SCIENCES.

    (a) Contract Authority.--Section 2113(g)(1) of title 10, United 
States Code, is amended--
            (1) in subparagraph (E), by striking ``and'' at the end;
            (2) in subparagraph (F), by striking the period at the end 
        and inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:
                    ``(G) 
                notwithstanding <<NOTE: Grants. Determination.>>  
                sections 2304, 2361, and 2374 of this title, to enter 
                into contracts and cooperative agreements with, accept 
                grants from, and make grants to, nonprofit entities (on 
                a sole-source basis) for the purpose specified in 
                subparagraph (A) or for any other purpose the Secretary 
                determines to be consistent with the mission of the 
                University.''.

    (b) <<NOTE: 10 USC 2113 note.>>  Rule of Construction.--Nothing in 
section 2113(g) of title 10, United States Code, as amended by 
subsection (a), shall be construed to limit the ability of the Secretary 
of Defense, in carrying out such section, to use competitive procedures 
to award contracts, cooperative agreements, or grants.
SEC. 715. MEMBERSHIP OF BOARD OF REGENTS OF UNIFORMED SERVICES 
                        UNIVERSITY OF THE HEALTH SCIENCES.

    (a) In General.--Section 2113a(b) of title 10, United States Code, 
is amended--
            (1) by redesignating paragraphs (3) and (4) as paragraphs 
        (4) and (5), respectively; and
            (2) by inserting after paragraph (2) the following new 
        paragraph:
            ``(3) the Director of the Defense Health Agency, who shall 
        be an ex officio member;''.

    (b) <<NOTE: 10 USC 2113 note.>>  Rule of Construction.--The 
amendments made by this section may not be construed to invalidate any 
action taken by the Uniformed Services University of the Health Sciences 
or its Board of Regents prior to the effective date of this section.

    (c) <<NOTE: 10 USC 2113 note.>>  Effective Date.--The amendments 
made by this section shall take effect on January 1, 2021.
SEC. 716. TEMPORARY EXEMPTION FOR UNIFORMED SERVICES UNIVERSITY OF 
                        THE HEALTH SCIENCES FROM CERTAIN PAPERWORK 
                        REDUCTION ACT REQUIREMENTS.

    (a) <<NOTE: 10 USC 2112 note.>> Temporary Exemption From Certain 
Paperwork Reduction Act Requirements.--

[[Page 134 STAT. 3695]]

            (1) <<NOTE: Time period.>>  In general.--During the two-year 
        period beginning on the date that is 30 days after the date of 
        the enactment of this Act, the requirements described in 
        paragraph (2) shall not apply with respect to the voluntary 
        collection of information during the conduct of research and 
        program evaluations--
                    (A) conducted or sponsored by the Uniformed Services 
                University of the Health Sciences; and
                    (B) funded through the Defense Health Program.
            (2) Requirements described.--The requirements described in 
        this paragraph are the requirements under the following 
        provisions of law:
                    (A) Section 3506(c) of title 44, United States Code.
                    (B) Sections 3507 and 3508 of such title.

    (b) Reports.--
            (1) Interim report.--Not later than one year after the date 
        of the enactment of this Act, the Secretary of Defense shall 
        submit to the appropriate congressional committees a report on 
        the preliminary findings with respect to--
                    (A) <<NOTE: Estimate.>>  the estimated time saved by 
                the Uniformed Services University of the Health Sciences 
                (if applicable) by reason of the exemption under 
                paragraph (1) of subsection (a) to requirements 
                described in paragraph (2) of such subsection;
                    (B) the research within the scope of such exemption 
                that has been initiated, is ongoing, or has been 
                completed during the period in which the exemption is in 
                effect;
                    (C) <<NOTE: Cost estimate.>>  the estimated cost 
                savings by the University that can be attributed to such 
                exemption; and
                    (D) the additional burdens upon the research 
                subjects of the University that are attributable to such 
                exemption.
            (2) Updated report.--Not later than two years after the date 
        of the enactment of this Act, the Secretary shall submit to the 
        appropriate congressional committees a report containing--
                    (A) updated information with respect to the matters 
                under paragraph (1); and
                    (B) <<NOTE: Recommenda- tions.>>  any 
                recommendations with respect to policy or legislative 
                actions regarding the exemption under paragraph (1) of 
                subsection (a) to requirements described in paragraph 
                (2) of such subsection.

    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Oversight and Reform of the House of Representatives; and
            (2) the Committee on Armed Services and the Committee on 
        Homeland Security and Governmental Affairs of the Senate.
SEC. 717. MODIFICATION TO LIMITATION ON THE REALIGNMENT OR 
                        REDUCTION OF MILITARY MEDICAL MANNING END 
                        STRENGTH.

    Section 719 of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116-92; 133 Stat. 1454) is amended--
            (1) in subsection (a), in the matter preceding paragraph 
        (1), by striking ``may not realign or reduce military medical 
        end strength authorizations until'' and inserting the following:

[[Page 134 STAT. 3696]]

        ``may <<NOTE: Time period.>> not realign or reduce military 
        medical end strength authorizations during the 180 days 
        following the date of the enactment of the William M. (Mac) 
        Thornberry National Defense Authorization Act for Fiscal Year 
        2021, and after such period, may not realign or reduce such 
        authorizations unless''; and
            (2) in subsection (b)(1), by inserting before the period at 
        the end the following: ``, including with respect to both the 
        homeland defense mission and pandemic influenza''.
SEC. 718. MODIFICATIONS TO IMPLEMENTATION PLAN FOR RESTRUCTURE OR 
                        REALIGNMENT OF MILITARY MEDICAL TREATMENT 
                        FACILITIES.

    Section 703(d) of the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114-328; 130 Stat. 2199) is amended--
            (1) in paragraph (2), by striking subparagraph (D) and 
        inserting the following new subparagraph:
                    ``(D) A description of how the Secretary will carry 
                out subsection (b), including, with respect to each 
                affected military medical treatment facility, a 
                description of--
                          ``(i) the elements required for health care 
                      providers to accept and transition covered 
                      beneficiaries to the purchased care component of 
                      the TRICARE program;
                          ``(ii) a method to monitor and report on 
                      quality benchmarks for the beneficiary population 
                      that will be required to transition to such 
                      component of the TRICARE program; and
                          ``(iii) a process by which the Director of the 
                      Defense Health Agency will ensure that such 
                      component of the TRICARE program has the required 
                      capacity.''; and
            (2) by adding at the end the following new paragraph:
            ``(4) Notice and wait.--The Secretary may not implement the 
        plan under paragraph (1) unless--
                    ``(A) <<NOTE: Plan.>>  the Secretary has submitted 
                the plan to the congressional defense committees;
                    ``(B) <<NOTE: Certification.>>  the Secretary has 
                certified to the congressional defense committees that, 
                pursuant to subsection (b), if a proposed restructure, 
                realignment, or modification will eliminate the ability 
                of a covered beneficiary to access health care services 
                at a military medical treatment facility, the covered 
                beneficiary will be able to access such health care 
                services through the purchased care component of the 
                TRICARE program; and
                    ``(C) <<NOTE: Time period.>>  a 180-day period has 
                elapsed following the later of--
                          ``(i) the date on which the congressional 
                      defense committees have received both the 
                      implementation plan under subparagraph (A) and the 
                      notice of certification under subparagraph (B); or
                          ``(ii) the date of the enactment of the 
                      William M. (Mac) Thornberry National Defense 
                      Authorization Act for Fiscal Year 2021.''.
SEC. 719. <<NOTE: 10 USC 1074g note.>>  POLICY TO ADDRESS 
                        PRESCRIPTION OPIOID SAFETY.

    (a) Requirement.--The Secretary of Defense shall develop a policy 
and tracking mechanism to monitor and provide oversight

[[Page 134 STAT. 3697]]

of opioid prescribing to ensure that the provider practices of 
medication-prescribing health professionals across the military health 
system conform with--
            (1) the clinical practice guidelines of the Department of 
        Defense and the Department of Veterans Affairs; and
            (2) the prescribing guidelines published by the Centers for 
        Disease Control and Prevention and the Food and Drug 
        Administration.

    (b) Elements.--The requirements under subsection (a) shall include 
the following:
            (1) Providing oversight and accountability of opioid 
        prescribing practices that are outside of the recommended 
        parameters for dosage, supply, and duration as identified in the 
        guideline published by the Centers for Disease Control and 
        Prevention titled ``CDC Guideline for Prescribing Opioids for 
        Chronic Pain--United States, 2016'', or such successor 
        guideline, and the guideline published by the Department of 
        Defense and Department of Veterans Affairs titled ``DoD/VA 
        Management of Opioid Therapy (OT) for Chronic Pain Clinical 
        Practice Guideline, 2017'' or such successor guideline.
            (2) Implementing oversight and accountability 
        responsibilities for opioid prescribing safety as specified in 
        paragraph (1).
            (3) Implementing systems to ensure that the prescriptions in 
        the military health system data repository are appropriately 
        documented and that the processing date and the metric quantity 
        field for opioid prescriptions in liquid form are consistent 
        within the electronic health record system known as ``MHS 
        GENESIS''.
            (4) Implementing opioid prescribing controls within the 
        electronic health record system known as ``MHS GENESIS'' and 
        document if an overdose reversal drug was co-prescribed.
            (5) Developing metrics that can be used by the Defense 
        Health Agency and each military medical treatment facility to 
        actively monitor and limit the overprescribing of opioids and to 
        monitor the co-prescribing of overdose reversal drugs as 
        accessible interventions.
            (6) <<NOTE: Reports.>>  Developing a report that tracks 
        progression toward reduced levels of opioid use and includes an 
        identification of prevention best practices established by the 
        Department.
            (7) <<NOTE: Plan.>>  Developing and implementing a plan to 
        improve communication and value-based initiatives between 
        pharmacists and medication-prescribing health professionals 
        across the military health system.
SEC. 720. <<NOTE: 38 USC 527 note.>>  ADDITION OF BURN PIT 
                        REGISTRATION AND OTHER INFORMATION TO 
                        ELECTRONIC HEALTH RECORDS OF MEMBERS OF 
                        THE ARMED FORCES.

    (a) <<NOTE: Deadline.>>  Updates to Electronic Health Records.--
Beginning not later than one year after the date of the enactment of 
this Act, the Secretary of Defense shall ensure that--
            (1) the electronic health record maintained by the Secretary 
        for a member of the Armed Forces registered with the Airborne 
        Hazards and Open Burn Pit Registry is updated with any 
        information contained in such registry with respect to the 
        member; and

[[Page 134 STAT. 3698]]

            (2) <<NOTE: Notification.>>  any occupational or 
        environmental health exposure recorded in the Defense 
        Occupational and Environmental Health Readiness System (or any 
        successor system) is linked to the electronic health record 
        system of the Department of Defense to notify health 
        professionals treating a member specified in paragraph (1) of 
        any such exposure recorded for the member.

    (b) Airborne Hazards and Open Burn Pit Registry Defined.--In this 
section, the term ``Airborne Hazards and Open Burn Pit Registry'' means 
the registry established by the Secretary of Veterans Affairs under 
section 201 of the Dignified Burial and Other Veterans' Benefits 
Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 527 note).
SEC. 721. <<NOTE: 10 USC 1074f note.>>  INCLUSION OF INFORMATION 
                        ON EXPOSURE TO OPEN BURN PITS IN 
                        POSTDEPLOYMENT HEALTH REASSESSMENTS.

    (a) In General.--The Secretary of Defense shall include in 
postdeployment health reassessments conducted under section 1074f of 
title 10, United States Code, pursuant to a Department of Defense Form 
2796, or successor form, an explicit question regarding exposure of 
members of the Armed Forces to open burn pits.
    (b) Inclusion in Assessments by Military Departments.--The Secretary 
of Defense shall ensure that the Secretary of each military department 
includes a question regarding exposure of members of the Armed Forces to 
open burn pits in any electronic postdeployment health assessment 
conducted by that military department.
    (c) Open Burn Pit Defined.--In this section, the term ``open burn 
pit'' has the meaning given that term in section 201(c) of the Dignified 
Burial and Other Veterans' Benefits Improvement Act of 2012 (Public Law 
112-260; 38 U.S.C. 527 note).

                Subtitle C--Matters Relating to COVID-19

SEC. 731. COVID-19 MILITARY HEALTH SYSTEM REVIEW PANEL.

    (a) Establishment.--The Secretary of Defense shall establish a panel 
to be known as the ``COVID-19 Military Health System Review Panel'' (in 
this section referred to as the ``panel'').
    (b) Composition.--
            (1) Members.--The panel shall be composed of the following 
        members:
                    (A) The President of the Uniformed Services 
                University of the Health Sciences.
                    (B) The Director of the Defense Health Agency.
                    (C) The Surgeon General of the Army.
                    (D) The Surgeon General of the Navy.
                    (E) The Surgeon General of the Air Force.
                    (F) The Joint Staff Surgeon.
                    (G) The Deputy Assistant Secretary of Defense for 
                Health Readiness Policy and Oversight.
                    (H) The Deputy Assistant Secretary of Defense for 
                Health Resources Management and Policy.
            (2) Chairperson.--The chairperson of the panel shall be the 
        President of the Uniformed Services University of the Health 
        Sciences.

[[Page 134 STAT. 3699]]

            (3) Terms.--Each member shall be appointed for the life of 
        the panel.

    (c) Duties.--
            (1) In general.--The panel shall--
                    (A) review the response of the military health 
                system to the coronavirus disease 2019 (COVID-19) and 
                the effects of COVID-19 on such system, including by 
                analyzing any strengths or weaknesses of such system 
                identified as a result COVID-19; and
                    (B) using information from the review, make such 
                recommendations as the panel considers appropriate with 
                respect to any policy, practice, organization, manning 
                level, funding level, or legislative authority relating 
                to the military health system.
            (2) Elements of review.--In conducting the review under 
        paragraph (1), each member of the panel shall lead a review of 
        at least one of the following elements, with respect to the 
        military health system:
                    (A) Policy, including any policy relating to force 
                health protection or medical standards for the 
                appointment, enlistment, or induction of individuals 
                into the Armed Forces.
                    (B) Public health activities, including any activity 
                relating to risk communication, surveillance, or contact 
                tracing.
                    (C) Research, diagnostics, and therapeutics.
                    (D) Logistics and technology.
                    (E) Force structure and manning.
                    (F) Governance and organization.
                    (G) Operational capabilities and operational 
                support.
                    (H) Education and training.
                    (I) Health benefits under the TRICARE program.
                    (J) Engagement and security activities relating to 
                global health.
                    (K) The financial impact of COVID-19 on the military 
                health system.

    (d) Report.--Not later than June 1, 2021, the Secretary of Defense 
shall submit to the congressional defense committees a report that 
includes the findings of the panel as a result of the review under 
subsection (c)(1)(A) and such recommendations as the panel considers 
appropriate under subsection (c)(1)(B).
    (e) Termination.--The panel shall terminate on June 1, 2021.
SEC. 732. DEPARTMENT OF DEFENSE PANDEMIC PREPAREDNESS.

    (a) <<NOTE: Reviews.>>  Strategy.--The Secretary of Defense shall 
develop a strategy for pandemic preparedness and response that includes 
the following:
            (1) Identification of activities necessary to be carried out 
        prior to a pandemic to ensure preparedness and effective 
        communication of roles and responsibilities within the 
        Department of Defense, including--
                    (A) reviewing the frequency of each exercise 
                conducted by the Department, a military department, or 
                Defense Agency that relates to a pandemic or severe 
                influenza season or related force health protection 
                scenario;
                    (B) ensuring such exercises are appropriately 
                planned, resourced, and practiced;

[[Page 134 STAT. 3700]]

                    (C) including a consideration of the capabilities 
                and capacities necessary to carry out the strategy under 
                this section, and related operations for force health 
                protection, and ensuring that these are included in each 
                cost evaluation, Defense-wide review, or manning 
                assessment of the Department of Defense that affects 
                such capabilities and capacities;
                    (D) reviewing the placement, exploring broader 
                utilization of global health engagement liaisons, and 
                increasing the scope of global health activities of the 
                Department of Defense;
                    (E) <<NOTE: Assessment.>>  assessing a potential 
                career track relating to health protection research for 
                members of the Armed Forces and civilian employees of 
                the Department of Defense;
                    (F) providing to members of the Armed Forces 
                guidance on force health protection prior to and during 
                a pandemic or severe influenza season, including 
                guidance on specific behaviors or actions required, such 
                as self-isolating, social distancing, and additional 
                protective measures to be carried out after contracting 
                a novel virus or influenza;
                    (G) <<NOTE: Updates.>>  reviewing and updating the 
                inventory of medical supplies and equipment of the 
                Department of Defense that is available for operational 
                support to the combatant commands prior to and during a 
                pandemic (such as vaccines, biologics, drugs, preventive 
                medicine, antiviral medicine, and equipment relating to 
                trauma support), including a review of--
                          (i) the sufficiency of prepositioned stocks; 
                      and
                          (ii) the effectiveness of the Warstopper 
                      Program of the Defense Logistics Agency, or such 
                      successor program;
                    (H) <<NOTE: Updates. Plans.>> reviewing and updating 
                distribution plans of the Department of Defense for 
                critical medical supplies and equipment within the 
                inventory of the Department of Defense, including 
                vaccines and antiviral medicines; and
                    (I) <<NOTE: Updates.>>  reviewing and updating 
                research on infectious diseases and preventive medicine 
                conducted by the military health system, including 
                research conducted by the Health Related Communities of 
                Interest of the Department of Defense, the Joint Program 
                Committees, the overseas medical laboratories of the 
                Department of Defense, the Armed Forces Health 
                Surveillance Branch, or other elements of the Department 
                of Defense that conduct research in support of members 
                of the Armed Forces or beneficiaries under the TRICARE 
                program.
            (2) Review of Department of Defense systems for health 
        surveillance and detection to ensure continuous situational 
        awareness and early warning with respect to a pandemic, 
        including a review of--
                    (A) the levels of funding and investment, and the 
                overall value, of the Global Emerging Infections 
                Surveillance and Response System of the Department of 
                Defense, including the value demonstrated by the role of 
                such system in--
                          (i) improving the Department of Defense 
                      prevention and surveillance of, and the response 
                      to, infectious

[[Page 134 STAT. 3701]]

                      diseases that may impact members of the Armed 
                      Forces;
                          (ii) informing decisions relating to force 
                      health protection across the geographic combatant 
                      commands;
                          (iii) ensuring laboratory readiness to support 
                      pandemic response efforts and to understand 
                      infectious disease threats to the Armed Forces; 
                      and
                          (iv) <<NOTE: Coordination.>>  coordinating and 
                      collaborating with partners, such as the 
                      geographic combatant commands, other Federal 
                      agencies, and international partners;
                    (B) the levels of funding and investment, and the 
                overall value, of the overseas medical laboratories of 
                the Department of Defense, including the value 
                demonstrated by the role of such laboratories in 
                conducting research and forming partnerships with other 
                elements of the Department of Defense, other Federal 
                agencies, international partners in the country in which 
                such laboratory is located, and, as applicable, the 
                private sector of the United States; and
                    (C) the levels of funding and investment, and the 
                overall value, of the Direct HIV/AIDS Prevention Program 
                of the Department of Defense, including the value 
                demonstrated by the role of such program in developing 
                (in coordination with other Federal agencies) programs 
                for the prevention, care, and treatment of the human 
                immunodeficiency virus infection and acquired immune 
                deficiency syndrome.
            (3) Identification of activities to limit the spread of an 
        infectious disease outbreak among members of the Armed Forces 
        and beneficiaries under the TRICARE program, including 
        activities to mitigate the health, social, and economic impacts 
        of a pandemic on such members and beneficiaries, including by--
                    (A) reviewing the role of the Department of Defense 
                in the National Disaster Medical System under section 
                2812 of the Public Health Service Act (42 U.S.C. 300hh-
                11) and implementing plans across the Department that 
                leverage medical facilities, personnel, and response 
                capabilities of the Federal Government to support 
                requirements under such Act relating to medical surge 
                capacity;
                    (B) <<NOTE: Determination.>>  determining the range 
                of public health capacity, medical surge capacity, 
                administrative capacity, and veterinary capacity 
                necessary for the Armed Forces to--
                          (i) support operations during a pandemic; and
                          (ii) develop mechanisms to reshape force 
                      structure during such pandemic as necessary 
                      (contingent upon primary mission requirements); 
                      and
                    (C) <<NOTE: Determination.>>  determining the range 
                of activities for operational medical support and 
                infrastructure sustainment that the Department of 
                Defense and other Federal agencies have the capacity to 
                implement during a pandemic (contingent upon primary 
                mission requirements), and develop plans for the 
                implementation of such activities.

    (b) Study on Response to COVID-19.--In addition to the review under 
section 731, the Secretary shall conduct a study on the response of the 
military health system to the coronavirus disease 2019 (COVID-19).

[[Page 134 STAT. 3702]]

    (c) Report.--Not later than June 1, 2021, the Secretary shall submit 
to the congressional defense committees a report containing--
            (1) the strategy under subsection (a); and
            (2) <<NOTE: Recommenda- tions.>>  the study under subsection 
        (b), including any findings or recommendations from the study 
        that relate to an element of the strategy under subsection (a), 
        such as recommended changes to policy, funding, practices, 
        manning, organization, or legislative authority.
SEC. 733. <<NOTE: 10 USC 1145 note.>> TRANSITIONAL HEALTH BENEFITS 
                        FOR CERTAIN MEMBERS OF THE NATIONAL GUARD 
                        SERVING UNDER ORDERS IN RESPONSE TO THE 
                        CORONAVIRUS (COVID-19).

    (a) In General.--The Secretary of Defense shall provide to a member 
of the National Guard separating from active service after serving on 
full-time National Guard duty pursuant to section 502(f) of title 32, 
United States Code, the health benefits authorized under section 1145 of 
title 10, United States Code, for a member of a reserve component 
separating from active duty, as referred to in subsection (a)(2)(B) of 
such section 1145, if the active service from which the member of the 
National Guard is separating was in support of the whole of government 
response to the coronavirus (COVID-19).
    (b) Definitions.--In this section, the terms ``active duty'', 
``active service'', and ``full-time National Guard duty'' have the 
meanings given those terms in section 101(d) of title 10, United States 
Code.
SEC. 734. <<NOTE: 10 USC 1074 note.>>  REGISTRY OF CERTAIN TRICARE 
                        BENEFICIARIES DIAGNOSED WITH COVID-19.

    (a) Establishment <<NOTE: Deadline.>> .--Not later than June 1, 
2021, and subject to subsection (b), the Secretary of Defense shall 
establish and maintain a registry of covered TRICARE beneficiaries who 
have been diagnosed with COVID-19.

    (b) Right of Beneficiary to Opt Out.--A covered TRICARE beneficiary 
may elect to opt out of inclusion in the registry under subsection (a).
    (c) Contents.--The registry under subsection (a) shall include, with 
respect to each covered TRICARE beneficiary included in the registry, 
the following:
            (1) The demographic information of the beneficiary.
            (2) Information on the industrial or occupational history of 
        the beneficiary, to the extent such information is available in 
        the records regarding the COVID-19 diagnosis of the beneficiary.
            (3) Administrative information regarding the COVID-19 
        diagnosis of the beneficiary, including the date of the 
        diagnosis and the location and source of the test used to make 
        the diagnosis.
            (4) Any symptoms of COVID-19 manifested in the beneficiary.
            (5) Any treatments for COVID-19 taken by the beneficiary, or 
        other medications taken by the beneficiary, when the beneficiary 
        was diagnosed with COVID-19.
            (6) Any pathological data characterizing the incidence of 
        COVID-19 and the type of treatment for COVID-19 provided to the 
        beneficiary.

[[Page 134 STAT. 3703]]

            (7) Information on any respiratory illness of the 
        beneficiary recorded prior to the COVID-19 diagnosis of the 
        beneficiary.
            (8) Any information regarding the beneficiary contained in 
        the Airborne Hazards and Open Burn Pit Registry established 
        under section 201 of the Dignified Burial and Other Veterans' 
        Benefits Improvement Act of 2012 (Public Law 112-260; 38 U.S.C. 
        527 note).
            (9) Any other information determined appropriate by the 
        Secretary.

    (d) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary shall submit to the Committees on Armed 
Services of the House of Representatives and the Senate a report on 
establishing the registry under subsection (a), including--
            (1) <<NOTE: Plan.>>  a plan to implement the registry;
            (2) <<NOTE: Costs.>>  the cost of implementing the registry;
            (3) the location of the registry; and
            (4) <<NOTE: Recommenda- tions.>>  any recommended 
        legislative changes with respect to establishing the registry.

    (e) Covered TRICARE Beneficiary Defined.--In this section, the term 
``covered TRICARE beneficiary'' means an individual who is enrolled in 
the direct care system under the TRICARE program and is treated for or 
diagnosed with COVID-19 at a military medical treatment facility.
SEC. 735. <<NOTE: 38 USC 527 note.>>  HEALTH ASSESSMENTS OF 
                        VETERANS DIAGNOSED WITH PANDEMIC DISEASES 
                        TO DETERMINE EXPOSURE TO OPEN BURN PITS 
                        AND TOXIC AIRBORNE CHEMICALS.

    (a) Exposure to Open Burn Pits and Toxic Airborne Chemicals or Other 
Airborne Contaminants as Part of Health Assessments for Veterans During 
a Pandemic and Inclusion of Information in Registry.--
            (1) <<NOTE: Evaluation.>>  Health assessments and physical 
        examinations.--The Secretary of Veterans Affairs shall ensure 
        that the first health assessment or physical examination 
        furnished to a veteran under the laws administered by the 
        Secretary after the veteran tests positive for a pathogen, such 
        as a virus, with respect to which a public health emergency has 
        been declared under section 319 of the Public Health Service Act 
        (42 U.S.C. 247d) includes an evaluation of whether the veteran 
        has been--
                    (A) based or stationed at a location where an open 
                burn pit was used; or
                    (B) exposed to toxic airborne chemicals or other 
                airborne contaminants relating to service in the Armed 
                Forces, including an evaluation of any information 
                recorded as part of the Airborne Hazards and Open Burn 
                Pit Registry.
            (2) Inclusion of individuals in registry.--If an evaluation 
        conducted under paragraph (1) with respect to a veteran 
        establishes that the veteran was based or stationed at a 
        location where an open burn pit was used, or that the individual 
        was exposed to toxic airborne chemicals or other airborne 
        contaminants, the individual shall be enrolled in the Airborne 
        Hazards and Open Burn Pit Registry unless the veteran elects to 
        not enroll in such registry.
            (3) Rule of construction.--Nothing in this subsection may be 
        construed to preclude eligibility of a veteran for benefits 
        under the laws administered by the Secretary of Veterans

[[Page 134 STAT. 3704]]

        Affairs by reason of the history of exposure of the veteran to 
        an open burn pit not being recorded in an evaluation conducted 
        under paragraph (1).

    (b) Study on Impact of Viral Pandemics on Members of Armed Forces 
and Veterans Who Have Experienced Toxic Exposure.--
            (1) In general.--The Secretary of Veterans Affairs shall 
        conduct a study, through the Airborne Hazards and Burn Pits 
        Center of Excellence (in this subsection referred to as the 
        ``Center''), on the health impacts of infection with a pathogen, 
        such as a virus, with respect to which a public health emergency 
        has been declared under section 319 of the Public Health Service 
        Act (42 U.S.C. 247d), including a coronavirus, to members of the 
        Armed Forces and veterans who have been exposed to open burn 
        pits and other toxic exposures for the purposes of understanding 
        the health impacts of the pathogen and whether individuals 
        infected with the pathogen are at increased risk of severe 
        symptoms due to previous conditions linked to toxic exposure.
            (2) Preparation for future pandemic.--The Secretary, through 
        the Center, shall analyze potential lessons learned through the 
        study conducted under paragraph (1) to assist in preparing the 
        Department of Veterans Affairs for potential future pandemics.

    (c) Definitions.--In this subsection:
            (1) The term ``Airborne Hazards and Open Burn Pit Registry'' 
        means the registry established by the Secretary of Veterans 
        Affairs under section 201 of the Dignified Burial and Other 
        Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 
        38 U.S.C. 527 note).
            (2) The term ``coronavirus'' has the meaning given that term 
        in section 506 of the Coronavirus Preparedness and Response 
        Supplemental Appropriations Act, 2020 (Public Law 116-123).
            (3) The term ``open burn pit'' has the meaning given that 
        term in section 201(c) of the Dignified Burial and Other 
        Veterans' Benefits Improvement Act of 2012 (Public Law 112-260; 
        126 Stat. 2422; 38 U.S.C. 527 note).
SEC. 736. COMPTROLLER GENERAL STUDY ON DELIVERY OF MENTAL HEALTH 
                        SERVICES TO MEMBERS OF THE ARMED FORCES 
                        DURING THE COVID-19 PANDEMIC.

    (a) In General.--The Comptroller General of the United States shall 
conduct a study on the delivery of Federal, State, and private mental 
health services to members of the Armed Forces during the COVID-19 
pandemic.
    (b) Elements.--The study conducted under subsection (a) shall--
            (1) <<NOTE: Review.>>  review any strategies used to combat 
        existing stigma surrounding mental health conditions that might 
        deter members of the Armed Forces from seeking care;
            (2) <<NOTE: Review.>>  review guidance to commanding 
        officers at all levels on the mental health ramifications of the 
        COVID-19 crisis;
            (3) <<NOTE: Assessment.>>  assess the need for additional 
        training and support for mental health care professionals of the 
        Department of

[[Page 134 STAT. 3705]]

        Defense with respect to supporting individuals who are concerned 
        for the health of themselves and their family members, or 
        grieving the loss of loved ones, because of COVID-19;
            (4) <<NOTE: Assessment.>>  assess the strategy of the 
        Department of Defense to leverage telemedicine to ensure safe 
        access to mental health services;
            (5) identify all programs associated with services described 
        in such subsection;
            (6) specify gaps or barriers to mental health care access 
        that could result in delayed or insufficient mental health care 
        support to members of the Armed Forces; and
            (7) <<NOTE: Evaluation.>>  evaluate the mental health 
        screening requirements for members of the Armed Forces 
        immediately before, during, and after--
                    (A) Federal deployment under title 10, United States 
                Code; or
                    (B) State deployment under title 32, United States 
                Code.

    (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 the House of Representatives a report 
on the study conducted under subsection (a).

                  Subtitle D--Reports and Other Matters

SEC. 741. <<NOTE: 10 USC 1096 note.>>  MODIFICATIONS TO PILOT 
                        PROGRAM ON CIVILIAN AND MILITARY 
                        PARTNERSHIPS TO ENHANCE INTEROPERABILITY 
                        AND MEDICAL SURGE CAPABILITY AND CAPACITY 
                        OF NATIONAL DISASTER MEDICAL SYSTEM.

    Section 740 of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116-92; 133 Stat. 1465) is amended--
            (1) in subsection (a)--
                    (A) by striking ``The Secretary of Defense may'' and 
                inserting ``Beginning not later than September 30, 2021, 
                the Secretary of Defense shall'';
                    (B) by striking ``health care organizations, 
                institutions, and entities'' and inserting ``health care 
                organizations, health care institutions, health care 
                entities, academic medical centers of institutions of 
                higher education, and hospitals''; and
                    (C) by striking ``in the vicinity of major 
                aeromedical and other transport hubs and logistics 
                centers of the Department of Defense'';
            (2) in subsection (b), by striking ``may'' and inserting 
        ``shall'';
            (3) by redesignating subsections (d) through (f) as 
        subsections (e) through (g), respectively;
            (4) by striking subsection (c) and inserting the following 
        new subsections:

    ``(c) Lead Official for Design and Implementation of Pilot 
Program.--
            ``(1) In general.--The Assistant Secretary of Defense for 
        Health Affairs shall be the lead official for the design and 
        implementation of the pilot program under subsection (a).
            ``(2) <<NOTE: Coordination.>>  Resources.--The Assistant 
        Secretary of Defense for Health Affairs shall leverage the 
        resources of the Defense

[[Page 134 STAT. 3706]]

        Health Agency for execution of the pilot program under 
        subsection (a) and shall coordinate with the Chairman of the 
        Joint Chiefs of Staff for the duration of the pilot program, 
        including for the duration of any period of design or planning 
        for the pilot program.

    ``(d) Locations.--
            ``(1) In general.--The Secretary of Defense shall carry out 
        the pilot program under subsection (a) at not fewer than five 
        locations in the United States that are located at or near an 
        organization, institution, entity, center, or hospital specified 
        in subsection (a) with established expertise in disaster health 
        preparedness and response and trauma care that augment and 
        enhance the effectiveness of the pilot program.
            ``(2) <<NOTE: Deadlines. Consultations.>>  Phased selection 
        of locations.--
                    ``(A) Initial selection.--Not later than March 31, 
                2021, the Assistant Secretary of Defense for Health 
                Affairs, in consultation with the Secretary of Veterans 
                Affairs, the Secretary of Health and Human Services, the 
                Secretary of Homeland Security, and the Secretary of 
                Transportation, shall select not fewer than two 
                locations at which to carry out the pilot program.
                    ``(B) Subsequent selection.--Not later than the end 
                of the one-year period following selection of the 
                locations under subparagraph (A), the Assistant 
                Secretary of Defense for Health Affairs, in consultation 
                with the Secretaries specified in subparagraph (A), 
                shall select not fewer than two additional locations at 
                which to carry out the pilot program until not fewer 
                than five locations are selected in total under this 
                paragraph.
            ``(3) Consideration for locations.--In selecting locations 
        for the pilot program under subsection (a), the Secretary shall 
        consider--
                    ``(A) the proximity of the location to civilian or 
                military transportation hubs, including airports, 
                railways, interstate highways, or ports;
                    ``(B) the proximity of the location to an 
                organization, institution, entity, center, or hospital 
                specified in subsection (a) with the ability to accept a 
                redistribution of casualties during times of war;
                    ``(C) the proximity of the location to an 
                organization, institution, entity, center, or hospital 
                specified in subsection (a) with the ability to provide 
                trauma care training opportunities for medical personnel 
                of the Department of Defense; and
                    ``(D) the proximity of the location to existing 
                academic medical centers of institutions of higher 
                education, facilities of the Department, or other 
                institutions that have established expertise in the 
                areas of--
                          ``(i) highly infectious disease;
                          ``(ii) biocontainment;
                          ``(iii) quarantine;
                          ``(iv) trauma care;
                          ``(v) combat casualty care;
                          ``(vi) the National Disaster Medical System 
                      under section 2812 of the Public Health Service 
                      Act (42 U.S.C. 300hh-11);
                          ``(vii) disaster health preparedness and 
                      response;

[[Page 134 STAT. 3707]]

                          ``(viii) medical and public health management 
                      of biological, chemical, radiological, or nuclear 
                      hazards; or
                          ``(ix) such other areas of expertise as the 
                      Secretary considers appropriate.
            ``(4) Priority for locations.--In selecting locations for 
        the pilot program under subsection (a), the Secretary shall give 
        priority to locations that would facilitate public-private 
        partnerships with academic medical centers of institutions of 
        higher education, hospitals, and other entities with facilities 
        that have an established history of providing clinical care, 
        treatment, training, and research in the areas described in 
        paragraph (3)(D) or other specializations determined important 
        by the Secretary for purposes of the pilot program.'';
            (5) by striking subsection (g), as redesignated by paragraph 
        (2), and inserting the following:

    ``(g) Reports.--
            ``(1) Initial report.--
                    ``(A) In general.--Not later than 180 days after the 
                commencement of the pilot program under subsection (a), 
                the Secretary shall submit to the appropriate 
                congressional committees a report on the pilot program.
                    ``(B) Elements.--The report under subparagraph (A) 
                shall include the following:
                          ``(i) A description of the pilot program.
                          ``(ii) The requirements established under 
                      subsection (e).
                          ``(iii) The evaluation metrics established 
                      under subsection (f).
                          ``(iv) Such other matters relating to the 
                      pilot program as the Secretary considers 
                      appropriate.
            ``(2) Final report.--Not later than 180 days after the 
        completion of the pilot program under subsection (a), the 
        Secretary shall submit to the appropriate congressional 
        committees a report on the pilot program.''; and
            (6) by adding at the end the following new subsection:

    ``(h) Definitions.--In this section:
            ``(1) The term `appropriate congressional committees' 
        means--
                    ``(A) The Committee on Armed Services, the Committee 
                on Transportation and Infrastructure, the Committee on 
                Veterans' Affairs, the Committee on Homeland Security, 
                and the Committee on Energy and Commerce of the House of 
                Representatives.
                    ``(B) The Committee on Armed Services, the Committee 
                on Commerce, Science, and Transportation, the Committee 
                on Veterans' Affairs, the Committee on Homeland Security 
                and Governmental Affairs, and the Committee on Health, 
                Education, Labor, and Pensions of the Senate.
            ``(2) The term `institution of higher education' means a 
        four-year institution of higher education, as defined in section 
        101(a) of the Higher Education Act of 1965 (20 U.S.C. 
        1001(a)).''.

[[Page 134 STAT. 3708]]

SEC. 742. REPORTS ON SUICIDE AMONG MEMBERS OF THE ARMED FORCES AND 
                        SUICIDE PREVENTION PROGRAMS AND ACTIVITIES 
                        OF THE DEPARTMENT OF DEFENSE.

    Section 741(a)(2) of the National Defense Authorization Act for 
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1467) is amended--
            (1) in subparagraph (B), by adding at the end the following 
        new clause:
                          ``(iii) The one-year period following the date 
                      on which the member returns from such a 
                      deployment.'';
            (2) by redesignating subparagraphs (D) through (H) as 
        subparagraphs (E) through (I), respectively;
            (3) by inserting after subparagraph (C) the following new 
        subparagraph (D):
                    ``(D) The number of suicides involving a member who 
                was prescribed a medication to treat a mental health or 
                behavioral health diagnosis during the one-year period 
                preceding the death.''; and
            (4) by adding at the end the following new subparagraph:
                    ``(J) A description of the programs carried out by 
                the military departments to address and reduce the 
                stigma associated with seeking assistance for mental 
                health or suicidal thoughts.''.
SEC. 743. EXTENSION OF AUTHORITY FOR JOINT DEPARTMENT OF DEFENSE-
                        DEPARTMENT OF VETERANS AFFAIRS MEDICAL 
                        FACILITY DEMONSTRATION FUND.

    Section 1704(e) of the National Defense Authorization Act for Fiscal 
Year 2010 (Public Law 111-84; 123 Stat. 2573), as most recently amended 
by section 732(4)(B) of the National Defense Authorization Act for 
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1460), is further amended 
by striking ``September 30, 2021'' and inserting ``September 30, 2022''.
SEC. 744. <<NOTE: 10 USC 1071 note.>>  MILITARY HEALTH SYSTEM 
                        CLINICAL QUALITY MANAGEMENT PROGRAM.

    (a) In General.--The Secretary of Defense, acting through the 
Director of the Defense Health Agency, shall implement a comprehensive 
program to be known as the ``Military Health System Clinical Quality 
Management Program'' (in this section referred to as the ``Program'').
    (b) Elements of Program.--The Program shall include, at a minimum, 
the following:
            (1) <<NOTE: Procedures.>>  The implementation of systematic 
        procedures to eliminate, to the extent feasible, risk of harm to 
        patients at military medical treatment facilities, including 
        through identification, investigation, and analysis of events 
        indicating a risk of patient harm and corrective action plans to 
        mitigate such risks.
            (2) With respect to a potential sentinel event (including 
        those involving members of the Armed Forces) at a military 
        medical treatment facility--
                    (A) <<NOTE: Analysis.>>  an analysis of such event, 
                which shall occur and be documented as soon as possible 
                after the event;
                    (B) use of such analysis for clinical quality 
                management; and
                    (C) <<NOTE: Reports.>>  reporting of such event to 
                the National Practitioner Data Bank in accordance with 
                guidelines of the Secretary

[[Page 134 STAT. 3709]]

                of Health and Human Services under the Health Care 
                Quality Improvement Act of 1986 (42 U.S.C. 11101 et 
                seq.), giving special emphasis to the results of 
                external peer reviews of the event.
            (3) Validation of provider credentials and granting of 
        clinical privileges by the Director of the Defense Health Agency 
        for all health care providers at a military medical treatment 
        facility.
            (4) Accreditation of military medical treatment facilities 
        by a recognized external accreditation body.
            (5) Systematic measurement of indicators of health care 
        quality, emphasizing clinical outcome measures, comparison of 
        such indicators with benchmarks from leading health care quality 
        improvement organizations, and transparency with the public of 
        appropriate clinical measurements for military medical treatment 
        facilities.
            (6) Systematic activities emphasized by leadership at all 
        organizational levels to use all elements of the Program to 
        eliminate unwanted variance throughout the health care system of 
        the Department of Defense and make constant improvements in 
        clinical quality.
            (7) <<NOTE: Procedures.>>  A full range of procedures for 
        productive communication between patients and health care 
        providers regarding actual or perceived adverse clinical events 
        at military medical treatment facilities, including procedures--
                    (A) for full disclosure of such events (respecting 
                the confidentiality of peer review information under a 
                medical quality assurance program under section 1102 of 
                title 10, United States Code);
                    (B) providing an opportunity for the patient to be 
                heard in relation to quality reviews; and
                    (C) to resolve patient concerns by independent, 
                neutral health care resolution specialists.

    (c) <<NOTE: Procedures.>>  Additional Clinical Quality Management 
Activities.--
            (1) In general.--In addition to the elements of the Program 
        set forth in subsection (b), the Secretary shall establish and 
        maintain clinical quality management activities in relation to 
        functions of the health care system of the Department separate 
        from delivery of health care services in military medical 
        treatment facilities.
            (2) Health care delivery outside military medical treatment 
        facilities.--In carrying out paragraph (1), the Secretary shall 
        maintain policies and procedures to promote clinical quality in 
        health care delivery on ships and planes, in deployed settings, 
        and in all other circumstances not covered by subsection (b), 
        with the objective of implementing standards and procedures 
        comparable, to the extent practicable, to those under such 
        subsection.
            (3) Purchased care system.--In carrying out paragraph (1), 
        the Secretary shall maintain policies and procedures for health 
        care services provided outside the Department but paid for by 
        the Department, reflecting best practices by public and private 
        health care reimbursement and management systems.

[[Page 134 STAT. 3710]]

SEC. 745. <<NOTE: 10 USC 1071 note.>>  WOUNDED WARRIOR SERVICE DOG 
                        PROGRAM.

    (a) Program.--The Secretary of Defense shall establish a program, to 
be known as the ``Wounded Warrior Service Dog Program'', to provide 
assistance dogs to covered members and covered veterans.
    (b) Definitions.--In this section:
            (1) The term ``assistance dog'' means a dog specifically 
        trained to perform physical tasks to mitigate the effects of a 
        covered disability, except that the term does not include a dog 
        specifically trained for comfort or personal defense.
            (2) The term ``covered disability'' means any of the 
        following:
                    (A) Blindness or visual impairment.
                    (B) Loss of use of a limb, paralysis, or other 
                significant mobility issues.
                    (C) Loss of hearing.
                    (D) Traumatic brain injury.
                    (E) Post-traumatic stress disorder.
                    (F) Any other disability that the Secretary of 
                Defense considers appropriate.
            (3) The term ``covered member'' means a member of the Armed 
        Forces who is--
                    (A) receiving medical treatment, recuperation, or 
                therapy under chapter 55 of title 10, United States 
                Code;
                    (B) in medical hold or medical holdover status; or
                    (C) covered under section 1202 or 1205 of title 10, 
                United States Code.
            (4) The term ``covered veteran'' means a veteran who is 
        enrolled in the health care system established under section 
        1705(a) of title 38, United States Code.
SEC. 746. <<NOTE: 10 USC 1073 note.>>  EXTRAMEDICAL MATERNAL 
                        HEALTH PROVIDERS DEMONSTRATION PROJECT.

    (a) <<NOTE: Deadline. Evaluation.>>  Demonstration Project 
Required.--Not later than one year after the date of the enactment of 
this Act, the Secretary of Defense shall commence carrying out a 
demonstration project designed to evaluate the cost, quality of care, 
and impact on maternal and fetal outcomes of using extramedical maternal 
health providers under the TRICARE program to determine the 
appropriateness of making coverage of such providers under the TRICARE 
program permanent.

    (b) Elements of Demonstration Project.--The demonstration project 
under subsection (a) shall include, for participants in the 
demonstration project, the following:
            (1) Access to doulas.
            (2) Access to lactation consultants or lactation counselors 
        who are not otherwise authorized to provide services under the 
        TRICARE program.

    (c) Participants.--The Secretary shall establish a process under 
which covered beneficiaries may enroll in the demonstration project to 
receive the services provided under the demonstration project.
    (d) <<NOTE: Notification. Federal Register, publication.>>  
Duration.--The Secretary shall carry out the demonstration project for a 
period of five years beginning on the date on which notification of the 
commencement of the demonstration project is published in the Federal 
Register.

    (e) Surveys.--

[[Page 134 STAT. 3711]]

            (1) <<NOTE: Deadline. Determinations.>> In general.--Not 
        later than one year after the date of the enactment of this Act, 
        and annually thereafter for the duration of the demonstration 
        project, the Secretary shall administer a survey to determine--
                    (A) how many members of the Armed Forces or spouses 
                of such members give birth while their spouse or 
                birthing partner is unable to be present due to 
                deployment, training, or other mission requirements;
                    (B) how many single members of the Armed Forces give 
                birth alone; and
                    (C) how many members of the Armed Forces or spouses 
                of such members use doula, lactation consultant, or 
                lactation counselor support.
            (2) Matters covered by surveys.--The surveys administered 
        under paragraph (1) shall include an identification of the 
        following:
                    (A) The race, ethnicity, age, sex, relationship 
                status, Armed Force, military occupation, and rank, as 
                applicable, of each individual surveyed.
                    (B) If individuals surveyed were members of the 
                Armed Forces or the spouses of such members, or both.
                    (C) The length of advanced notice received by 
                individuals surveyed that the member of the Armed Forces 
                would be unable to be present during the birth, if 
                applicable.
                    (D) Any resources or support that the individuals 
                surveyed found useful during the pregnancy and birth 
                process, including doula, lactation consultant, or 
                lactation counselor support.

    (f) Reports.--
            (1) <<NOTE: Deadline.>> Implementation plan.--Not later than 
        180 days after the date of the enactment of this Act, the 
        Secretary shall submit to the Committees on Armed Services of 
        the House of Representatives and the Senate a plan to implement 
        the demonstration project.
            (2) Annual report.--
                    (A) <<NOTE: Costs.>>  In general.--Not later than 
                one year after the date on which the demonstration 
                project commences, and annually thereafter for the 
                duration of the demonstration project, the Secretary 
                shall submit to the Committees on Armed Services of the 
                House of Representatives and the Senate a report on the 
                cost of the demonstration project and the effectiveness 
                of the demonstration project in improving quality of 
                care and the maternal and fetal outcomes of covered 
                beneficiaries enrolled in the demonstration project.
                    (B) Matters covered.--Each report submitted under 
                subparagraph (A) shall address, at a minimum, the 
                following:
                          (i) The number of covered beneficiaries who 
                      are enrolled in the demonstration project.
                          (ii) The number of enrolled covered 
                      beneficiaries who have participated in the 
                      demonstration project.
                          (iii) The results of the surveys under 
                      subsection (e).
                          (iv) <<NOTE: Costs.>>  The cost of the 
                      demonstration project.
                          (v) <<NOTE: Assessment.>>  An assessment of 
                      the quality of care provided to participants in 
                      the demonstration project.

[[Page 134 STAT. 3712]]

                          (vi) <<NOTE: Assessment.>>  An assessment of 
                      the impact of the demonstration project on 
                      maternal and fetal outcomes.
                          (vii) <<NOTE: Assessment.>>  An assessment of 
                      the effectiveness of the demonstration project.
                          (viii) <<NOTE: Recommenda- tions.>>  
                      Recommendations for adjustments to the 
                      demonstration project.
                          (ix) <<NOTE: Cost estimate.>>  The estimated 
                      costs avoided as a result of improved maternal and 
                      fetal health outcomes due to the demonstration 
                      project.
                          (x) <<NOTE: Recommenda- tions.>>  
                      Recommendations for extending the demonstration 
                      project or implementing permanent coverage under 
                      the TRICARE program of extramedical maternal 
                      health providers.
                          (xi) An identification of legislative or 
                      administrative action necessary to make the 
                      demonstration project permanent.
                    (C) Final report.--The final report under 
                subparagraph (A) shall be submitted not later than 90 
                days after the date on which the demonstration project 
                terminates.

    (g) Expansion of Demonstration Project.--
            (1) <<NOTE: Determination.>>  Regulations.--If the Secretary 
        determines that the demonstration project is successful, the 
        Secretary may prescribe regulations to include extramedical 
        maternal health providers as health care providers authorized to 
        provide care under the TRICARE program.
            (2) <<NOTE: Notice. Public comment.>>  Credentialing and 
        other requirements.--The Secretary may establish credentialing 
        and other requirements for doulas, lactation consultants, and 
        lactation counselors through public notice and comment 
        rulemaking for purposes of including doulas, lactation 
        consultants, and lactation counselors as health care providers 
        authorized to provide care under the TRICARE program pursuant to 
        regulations prescribed under paragraph (1).

    (h) Definitions.--In this section:
            (1) The terms ``covered beneficiary'' and ``TRICARE 
        program'' have the meanings given those terms in section 1072 of 
        title 10, United States Code.
            (2) The term ``extramedical maternal health provider'' means 
        a doula, lactation consultant, or lactation counselor.
SEC. 747. BRIEFING ON DIET AND NUTRITION OF MEMBERS OF THE ARMED 
                        FORCES.

    Not <<NOTE: Deadline.>> later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall provide to the 
Committees on Armed Services of the Senate and the House of 
Representatives a briefing on the diet and nutrition of members of the 
Armed Forces. The briefing shall describe the following:
            (1) The relationship between the diet and nutrition of 
        members and the health, performance, and combat effectiveness of 
        members.
            (2) The relationship between diets high in omega 3 fatty 
        acids, or other diets that may lower inflammation and obesity, 
        and improved mental health.
            (3) The extent to which the food and beverages offered at 
        the dining halls of the Armed Forces as of the date of the 
        briefing are designed to optimize the health, performance,

[[Page 134 STAT. 3713]]

        and combat effectiveness of members according to science-based 
        approaches.
            (4) <<NOTE: Plan.>>  The plan of the Secretary to improve 
        the health, performance, and combat effectiveness of members by 
        modifying the food and beverages offered at such dining halls, 
        including in ways that minimize the change for members.
            (5) <<NOTE: Costs. Timeline.>>  Expected costs and timeline 
        to implement such plan, including any projected costs or savings 
        from reduced medical costs if the plan is implemented.
SEC. 748. AUDIT OF MEDICAL CONDITIONS OF RESIDENTS IN PRIVATIZED 
                        MILITARY HOUSING.

    (a) <<NOTE: Deadline.>>  Audit.--Not later than 90 days after the 
date of the enactment of this Act, the Inspector General of the 
Department of Defense shall commence the conduct of an audit of--
            (1) the medical conditions of eligible individuals and the 
        association between adverse exposures of such individuals in 
        unsafe or unhealthy housing units and the health of such 
        individuals; and
            (2) the process under section 3053 of the National Defense 
        Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 
        Stat. 1943), including whether such process will adequately 
        address resolution of environmental health hazards identified as 
        a result of the inspections and assessments conducted pursuant 
        to sections 3051(b) and 3052(b) of such Act (Public Law 116-92; 
        133 Stat. 1941 and 1942).

    (b) Content of Audit.--In conducting the audit under subsection (a), 
the Inspector General shall--
            (1) <<NOTE: Determination.>>  determine the percentage of 
        units of privatized military housing that are considered by the 
        Inspector General to be unsafe or unhealthy housing units and 
        visit at least one military installation of the Department of 
        Defense from each of the Army, Navy, Air Force, and Marine Corps 
        to verify that such units are unsafe or unhealthy housing units;
            (2) <<NOTE: Study.>>  study the adverse exposures of 
        eligible individuals that relate to residing in an unsafe or 
        unhealthy housing unit and the effect of such exposures on the 
        health of such individuals;
            (3) <<NOTE: Determination.>>  determine, to the extent 
        permitted by available scientific data, the association between 
        such adverse exposures and the occurrence of a medical condition 
        in eligible individuals residing in unsafe or unhealthy housing 
        units and provide quantifiable data on such association;
            (4) <<NOTE: Review.>> review the process to identify, 
        record, and resolve environmental health hazards developed by 
        the Secretary of Defense under section 3053 of the National 
        Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
        92; 133 Stat. 1943);
            (5) <<NOTE: Review.>>  review the inspections and 
        assessments conducted pursuant to sections 3051(b) and 3052(b) 
        of the National Defense Authorization Act for Fiscal Year 2020 
        (Public Law 116-92; 133 Stat. 1941 and 1942);
            (6) <<NOTE: Study. Determination.>>  study the relationship 
        between the process specified in paragraph (4) and any 
        environmental health hazards identified as a result of the 
        inspections and assessments specified in paragraph (5) to 
        determine whether such process will adequately address 
        resolution of such hazards and complaints that

[[Page 134 STAT. 3714]]

        relate to such hazards made by eligible individuals residing in 
        privatized military housing; and
            (7) <<NOTE: Recommenda- tions.>>  make such recommendations 
        as the Inspector General may have to improve the process 
        specified in paragraph (4).

    (c) Conduct of Audit.--The Inspector General shall conduct the audit 
under subsection (a) using the same privacy preserving guidelines used 
by the Inspector General in conducting other audits of health records.
    (d) <<NOTE: Records.>>  Source of Data.--In conducting the audit 
under subsection (a), the Inspector General shall use--
            (1) de-identified data from electronic health records of the 
        Department;
            (2) records of claims under the TRICARE program; and
            (3) such other data as determined necessary by the Inspector 
        General.

    (e) Submission and Public Availability of Report.--Not later than 
one year after the commencement of the audit under subsection (a), the 
Inspector General shall--
            (1) <<NOTE: Recommenda- tions.>>  submit to the Secretary of 
        Defense and the Committees on Armed Services of the Senate and 
        the House of Representatives a report on the results of the 
        audit conducted under subsection (a), including any 
        recommendations made under subsection (b)(7); and
            (2) <<NOTE: Web posting.>> publish such report on a publicly 
        available internet website of the Department of Defense.

    (f) Definitions.--In this section:
            (1) The term ``eligible individual'' means a member of the 
        Armed Forces or a family member of a member of the Armed Forces 
        who has resided in an unsafe or unhealthy housing unit.
            (2) The term ``privatized military housing'' means military 
        housing provided under subchapter IV of chapter 169 of title 10, 
        United States Code.
            (3) The term ``TRICARE program'' has the meaning given such 
        term section 1072 of title 10, United States Code.
            (4) The term ``unsafe or unhealthy housing unit'' means a 
        unit of privatized military housing in which is present, at 
        levels exceeding national standards or guidelines, at least one 
        of the following hazards:
                    (A) Physiological hazards, including the following:
                          (i) Dampness or microbial growth.
                          (ii) Lead-based paint.
                          (iii) Asbestos or manmade fibers.
                          (iv) Ionizing radiation.
                          (v) Biocides.
                          (vi) Carbon monoxide.
                          (vii) Volatile organic compounds.
                          (viii) Infectious agents.
                          (ix) Fine particulate matter.
                    (B) Psychological hazards, including ease of access 
                by unlawful intruders or lighting issues.
                    (C) Poor ventilation.
                    (D) Safety hazards.
                    (E) Other similar hazards as determined by the 
                Inspector General.

[[Page 134 STAT. 3715]]

SEC. 749. ASSESSMENT OF RECEIPT BY CIVILIANS OF EMERGENCY MEDICAL 
                        TREATMENT AT MILITARY MEDICAL TREATMENT 
                        FACILITIES.

    (a) <<NOTE: Deadline. Time period.>>  Assessment.--Not later than 
one year after the date of the enactment of this Act, the Comptroller 
General of the United States shall complete an assessment of the 
provision by the Secretary of Defense of emergency medical treatment to 
civilians who are not covered beneficiaries at military medical 
treatment facilities during the period beginning on October 1, 2015, and 
ending on September 30, 2020.

    (b) Elements of Assessment.--The assessment under subsection (a) 
shall include, with respect to civilians who received emergency medical 
treatment at a military medical treatment facility during the period 
specified in such paragraph, the following:
            (1) The total fees charged to such civilians for such 
        treatment and the total fees collected.
            (2) The amount of medical debt from such treatment that was 
        garnished from such civilians, categorized by garnishment from 
        Social Security benefits, tax refunds, wages, or other financial 
        assets.
            (3) The number of such civilians from whom medical debt from 
        such treatment was garnished.
            (4) The total fees for such treatment that were waived for 
        such civilians.
            (5) With respect to medical debt incurred by such civilians 
        from such treatment--
                    (A) the amount of such debt that was collected by 
                the Secretary of Defense;
                    (B) the amount of such debt still owed to the 
                Department of Defense; and
                    (C) the amount of such debt transferred from the 
                Department of Defense to the Department of the Treasury 
                for collection.
            (6) The number of such civilians from whom such medical debt 
        was collected who did not possess medical insurance at the time 
        of such treatment.
            (7) The number of such civilians from whom such medical debt 
        was collected who collected Social Security benefits at the time 
        of such treatment.
            (8) The number of such civilians from whom such medical debt 
        was collected who, at the time of such treatment, earned--
                    (A) less than the poverty line;
                    (B) less than 200 percent of the poverty line;
                    (C) less than 300 percent of the poverty line; and
                    (D) less than 400 percent of the poverty line.
            (9) An assessment of the process through which military 
        medical treatment facilities seek to recover unpaid medical debt 
        from such civilians, including whether the Secretary of Defense 
        contracts with private debt collectors to recover such unpaid 
        medical debt.
            (10) An assessment of the process, if any, through which 
        such civilians can apply to have medical debt for such treatment 
        waived, forgiven, canceled, or otherwise determined to not be a 
        financial obligation of the civilian.
            (11) Such other information as the Comptroller General 
        determines appropriate.

[[Page 134 STAT. 3716]]

    (c) Reports.--The Comptroller General shall submit to the Committees 
on Armed Services of the Senate and the House of Representatives--
            (1) not later than December 1, 2021, a report containing 
        preliminary observations with respect to the assessment under 
        subsection (a); and
            (2) at such time and in such format as is mutually agreed 
        upon by the committees and the Comptroller General, a report 
        containing the final results of such assessment.

    (d) Definitions.--In this section:
            (1) The term ``civilian'' means an individual who is not--
                    (A) a member of the Armed Forces;
                    (B) a contractor of the Department of Defense; or
                    (C) a civilian employee of the Department.
            (2) The term ``covered beneficiary'' has the meaning given 
        that term in section 1072(5) of title 10, United States Code.
            (3) The term ``poverty line'' has the meaning given that 
        term in section 673 of the Community Services Block Grant Act 
        (42 U.S.C. 9902).
SEC. 750. STUDY ON THE INCIDENCE OF CANCER DIAGNOSIS AND MORTALITY 
                        AMONG MILITARY AVIATORS AND AVIATION 
                        SUPPORT PERSONNEL.

    (a) Study.--
            (1) In general.--The Secretary of Defense, in conjunction 
        with the Directors of the National Institutes of Health and the 
        National Cancer Institute, shall conduct a study on cancer among 
        covered individuals in two phases as provided in this 
        subsection.
            (2) Phase 1.--
                    (A) <<NOTE: Determination.>>  In general.--Under the 
                initial phase of the study conducted under paragraph 
                (1), the Secretary of Defense shall determine if there 
                is a higher incidence of cancers occurring for covered 
                individuals as compared to similar age groups in the 
                general population through the use of the database of 
                the Surveillance, Epidemiology, and End Results program 
                of the National Cancer Institute.
                    (B) Report.--Not later than one year after the date 
                of the enactment of this Act, the Secretary shall submit 
                to the appropriate committees of Congress a report on 
                the findings of the initial phase of the study under 
                subparagraph (A).
            (3) Phase 2.--
                    (A) In general.--If, pursuant to the initial phase 
                of the study under paragraph (2), the Secretary 
                concludes that there is an increased rate of cancers 
                among covered individuals, the Secretary shall conduct a 
                second phase of the study under which the Secretary 
                shall do the following:
                          (i) Identify the carcinogenic toxins or 
                      hazardous materials associated with military 
                      flight operations from shipboard or land bases or 
                      facilities, such as fuels, fumes, and other 
                      liquids.
                          (ii) Identify the operating environments, 
                      including frequencies or electromagnetic fields, 
                      where exposure to ionizing radiation (associated 
                      with high altitude

[[Page 134 STAT. 3717]]

                      flight) and nonionizing radiation (associated with 
                      airborne, ground, and shipboard radars) occurred 
                      in which covered individuals could have received 
                      increased radiation amounts.
                          (iii) Identify, for each covered individual, 
                      duty stations, dates of service, aircraft flown, 
                      and additional duties (including Landing Safety 
                      Officer, Catapult and Arresting Gear Officer, Air 
                      Liaison Officer, Tactical Air Control Party, or 
                      personnel associated with aircraft maintenance, 
                      supply, logistics, fuels, or transportation) that 
                      could have increased the risk of cancer for such 
                      covered individual.
                          (iv) Determine locations where a covered 
                      individual served or additional duties of a 
                      covered individual that are associated with higher 
                      incidences of cancers.
                          (v) Identify potential exposures due to 
                      service in the Armed Forces that are not related 
                      to aviation, such as exposure to burn pits or 
                      toxins in contaminated water, embedded in the 
                      soil, or inside bases or housing.
                          (vi) Determine the appropriate age to begin 
                      screening covered individuals for cancer based on 
                      race, gender, flying hours, period of service as 
                      aviation support personnel, Armed Force, type of 
                      aircraft, and mission.
                    (B) Data.--The Secretary shall format all data 
                included in the study conducted under this paragraph in 
                accordance with the Surveillance, Epidemiology, and End 
                Results program of the National Cancer Institute, 
                including by disaggregating such data by race, gender, 
                and age.
                    (C) Report.--Not later than one year after the 
                submittal of the report under paragraph (2)(B), if the 
                Secretary conducts the second phase of the study under 
                this paragraph, the Secretary shall submit to the 
                appropriate committees of Congress a report on the 
                findings of the study conducted under this paragraph.
            (4) Use of data from previous studies.--In conducting the 
        study under this subsection, the Secretary of Defense shall 
        incorporate data from previous studies conducted by the Air 
        Force, the Navy, or the Marine Corps that are relevant to the 
        study under this subsection, including data from the 
        comprehensive study conducted by the Air Force identifying each 
        covered individual and documenting the cancers, dates of 
        diagnoses, and mortality of each covered individual.

    (b) Definitions.--In this section:
            (1) The term ``appropriate committees of Congress'' means--
                    (A) the Committee on Armed Services and the 
                Committee on Veterans' Affairs of the Senate; and
                    (B) the Committee on Armed Services and the 
                Committee on Veterans' Affairs of the House of 
                Representatives.
            (2) The term ``Armed Forces''--
                    (A) has the meaning given the term ``armed forces'' 
                in section 101 of title 10, United States Code; and
                    (B) includes the reserve components named in section 
                10101 of such title.
            (3) The term ``covered individual''--
                    (A) means an aviator or aviation support personnel 
                who--

[[Page 134 STAT. 3718]]

                          (i) served in the Armed Forces on or after 
                      February 28, 1961; and
                          (ii) receives benefits under chapter 55 of 
                      title 10, United States Code; and
                    (B) includes any air crew member of fixed-wing 
                aircraft and personnel supporting generation of the 
                aircraft, including pilots, navigators, weapons systems 
                operators, aircraft system operators, personnel 
                associated with aircraft maintenance, supply, logistics, 
                fuels, or transportation, and any other crew member who 
                regularly flies in an aircraft or is required to 
                complete the mission of the aircraft.
SEC. 751. STUDY ON EXPOSURE TO TOXIC SUBSTANCES AT KARSHI-KHANABAD 
                        AIR BASE, UZBEKISTAN.

    (a) Study.--
            (1)  <<NOTE: Time period.>> In general.--The Secretary of 
        Defense shall conduct a study on exposure to toxic substances by 
        members of the Armed Forces deployed to Karshi-Khanabad Air 
        Base, Uzbekistan, at any time during the period beginning on 
        October 1, 2001, and ending on December 31, 2005.
            (2) <<NOTE: Assessments.>>  Matters included.--The study 
        under paragraph (1) shall include the following:
                    (A) An assessment regarding the conditions of 
                Karshi-Khanabad Air Base, Uzbekistan, during the period 
                beginning on October 1, 2001, and ending on December 31, 
                2005, including an identification of any toxic 
                substances contaminating the Air Base during such 
                period.
                    (B) An epidemiological study of the health 
                consequences of members of the Armed Forces deployed to 
                the Air Base at any time during such period.
                    (C) An assessment of any association between 
                exposure to toxic substances identified under 
                subparagraph (A) and the health consequences studied 
                under subparagraph (B).

    (b) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the Committees on 
Armed Services of the House of Representatives and the Senate a report 
on the results of the study under subsection (a).
SEC. 752. REVIEW AND REPORT ON PREVENTION OF SUICIDE AMONG MEMBERS 
                        OF THE ARMED FORCES STATIONED AT REMOTE 
                        INSTALLATIONS OUTSIDE THE CONTIGUOUS 
                        UNITED STATES.

    (a) Review Required.--The Comptroller General of the United States 
shall conduct a review of efforts by the Department of Defense to 
prevent suicide among covered members.
    (b) <<NOTE: Assessments.>>  Elements of Review.--The review 
conducted under subsection (a) shall include an assessment of each of 
the following:
            (1) Current policy guidelines of the Armed Forces on the 
        prevention of suicide among covered members.
            (2) Current suicide prevention programs and activities of 
        the Armed Forces provided to covered members and their 
        dependents, including programs provided by the Defense Health 
        Program and the Defense Suicide Prevention Office.

[[Page 134 STAT. 3719]]

            (3) The integration of mental health screenings and efforts 
        relating to suicide risk and suicide prevention for covered 
        members and their dependents into the delivery of primary care 
        for such members and dependents.
            (4) The standards for responding to attempted or completed 
        suicides among covered members and their dependents, including 
        guidance and training to assist commanders in addressing 
        incidents of attempted or completed suicide that occur within 
        their units.
            (5) The standards regarding data collection for covered 
        members and their dependents, including the collection of data 
        on factors that relate to suicide, such as domestic violence and 
        child abuse.
            (6) The means used to ensure the protection of privacy of 
        covered members and their dependents who seek or receive 
        treatment relating to suicide prevention.
            (7) The availability of information from indigenous 
        populations on suicide prevention for covered members who are 
        members of such a population.
            (8) The availability of information from graduate research 
        programs of institutions of higher education on suicide 
        prevention for members of the Armed Forces.
            (9) Such other matters as the Comptroller General considers 
        appropriate in connection with the prevention of suicide among 
        covered members and their dependents.

    (c) Briefing and Report.--The Comptroller General shall--
            (1) <<NOTE: Deadline.>>  not later than October 1, 2021, 
        brief the Committees on Armed Services of the House of 
        Representatives and the Senate on preliminary observations 
        relating to the review under subsection (a); and
            (2) not later than March 1, 2022, submit to the Committees 
        on Armed Services of the House of Representatives and the Senate 
        a report containing the results of such review.

    (d) Definitions.--In this section:
            (1) The term ``covered installation'' means a remote 
        installation of the Department of Defense located outside the 
        contiguous United States.
            (2) The term ``covered member'' means a member of the Armed 
        Forces who is stationed at a covered installation.
SEC. 753. STUDY ON MEDEVAC HELICOPTERS AND AMBULANCES AT CERTAIN 
                        MILITARY INSTALLATIONS.

    (a) <<NOTE: Reports.>> Study.--Not later than one year after the 
date of the enactment of this Act, the Secretary of Defense shall submit 
to the Committees on Armed Services of the House of Representatives and 
the Senate a report containing a feasibility study on the use and 
maintenance of medical evacuation helicopters and ground ambulances at 
covered military installations.

    (b) Elements.--The study under subsection (a) shall include the 
following:
            (1) <<NOTE: Analysis.>>  The requirements analysis that 
        determines whether a medical evacuation helicopter and ground 
        ambulance or similar vehicles are required at covered military 
        installations.
            (2) The frequency with which such helicopters and ambulances 
        are inspected for maintenance and restocked with the required 
        supplies and equipment.

[[Page 134 STAT. 3720]]

            (3) The frequency with which training exercises occur 
        involving the use of such helicopters and ambulances.
            (4) The planning factors associated with ensuring that the 
        capabilities provided by such helicopters and ambulances are 
        readily available and the contingency plans that may involve the 
        use of helicopters or ambulances provided by allies of the 
        United States or host countries.

    (c) Covered Military Installation Defined.--In this section, the 
term ``covered military installation'' means each military installation 
outside the United States at which the Secretary anticipates the United 
States will have an enduring presence.
SEC. 754. COMPTROLLER GENERAL STUDY ON PRENATAL AND POSTPARTUM 
                        MENTAL HEALTH CONDITIONS AMONG MEMBERS OF 
                        THE ARMED FORCES AND THEIR DEPENDENTS.

    (a) Study.--
            (1) In general.--The Comptroller General of the United 
        States shall conduct a study on prenatal and postpartum mental 
        health conditions among members of the Armed Forces and the 
        dependents of such members.
            (2) <<NOTE: Assessments.>>  Elements.--The study under 
        paragraph (1) shall include the following:
                    (A) An assessment of--
                          (i) the extent to which beneficiaries under 
                      the TRICARE program, including members of the 
                      Armed Forces and the dependents of such members, 
                      are diagnosed with--
                                    (I) prenatal or postpartum 
                                depression;
                                    (II) prenatal or postpartum anxiety 
                                disorder;
                                    (III) prenatal or postpartum 
                                obsessive compulsive disorder;
                                    (IV) prenatal or postpartum 
                                psychosis; and
                                    (V) other relevant mood disorders; 
                                and
                          (ii) the extent to which data is collected on 
                      the prenatal or postpartum mental health 
                      conditions specified under clause (i).
                    (B) A demographic assessment of the population 
                included in the study with respect to race, ethnicity, 
                sex, age, relationship status, military service, 
                military occupation, and rank, where applicable.
                    (C) An assessment of the status of prenatal and 
                postpartum mental health care for beneficiaries under 
                the TRICARE program, including those who seek care at 
                military medical treatment facilities and those who rely 
                on civilian providers.
                    (D) An assessment of the ease or delay for 
                beneficiaries under the TRICARE program in obtaining 
                treatment for prenatal and postpartum mental health 
                conditions, including--
                          (i) an assessment of wait times for mental 
                      health treatment at each military medical 
                      treatment facility; and
                          (ii) a description of the reasons such 
                      beneficiaries may cease seeking such treatment.
                    (E) A comparison of the rates of prenatal or 
                postpartum mental health conditions within the military 
                community

[[Page 134 STAT. 3721]]

                to such rates in the civilian population, as reported by 
                the Centers for Disease Control and Prevention.
                    (F) An assessment of any effects of implicit or 
                explicit bias in prenatal and postpartum mental health 
                care under the TRICARE program, or evidence of racial or 
                socioeconomic barriers to such care.
                    (G) The extent to which treatment for mental health 
                issues specified under subparagraph (A)(i) is available 
                and accessible to members of the Armed Forces serving on 
                active duty and the spouses of such members.
                    (H) The barriers that prevent members of the Armed 
                Forces serving on active duty, and the spouses of such 
                members, from seeking or obtaining care for such mental 
                health issues.
                    (I) The ways in which the Department of Defense is 
                addressing barriers identified under subparagraph (H).

    (b) <<NOTE: Recommenda- tions.>>  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 the 
House of Representatives a report on the findings of the study conducted 
under subsection (a), including--
            (1) recommendations for actions to be taken by the Secretary 
        of Defense to improve prenatal and postpartum mental health 
        among members of the Armed Forces and dependents of such 
        members; and
            (2) such other recommendations as the Comptroller General 
        determines appropriate.

    (c) Definitions.--In this section, the terms ``dependent'' and 
``TRICARE program'' have the meanings given those terms in section 1072 
of title 10, United States Code.
SEC. 755. REPORT ON LAPSES IN TRICARE COVERAGE FOR MEMBERS OF THE 
                        NATIONAL GUARD AND RESERVE COMPONENTS.

    (a) <<NOTE: Consultation. Analyses.>>  Report.--Not later than one 
year after the date of the enactment of this Act, each Secretary of a 
military department, in consultation with the Director of the Defense 
Health Agency, shall submit to the Committees on Armed Services of the 
House of Representatives and the Senate a report containing an analysis 
of each of the following with respect to the military department of the 
Secretary:
            (1) <<NOTE: Time period.>>  Any lapses in coverage under the 
        TRICARE program for a member of a reserve component that 
        occurred during the eight-year period ending on the date of the 
        enactment of this Act and were caused by a change in the duty 
        status of such member, including an identification of the total 
        number of such lapses.
            (2) The factors contributing to any such lapses, including--
                    (A) technological factors, including factors 
                relating to outdated systems;
                    (B) human errors in processing changes in duty 
                status;
                    (C) shortages in the level of administrative 
                staffing of the reserve component; and
                    (D) integration of systems of the reserve component 
                with Integrated Pay and Personnel Systems.
            (3) How factors contributing to any such lapses were 
        identified under paragraph (2) and whether actions have been 
        taken to address the factors.

[[Page 134 STAT. 3722]]

            (4) The effect of any such lapses on--
                    (A) the delivery of health care benefits to members 
                of the reserve components and the eligible dependents of 
                such members; or
                    (B) force readiness and force retention.
            (5) The parties responsible for identifying and 
        communicating to a member of a reserve component issues relating 
        to eligibility under the TRICARE program.
            (6) The methods by which a member of a reserve component, an 
        eligible dependent of such member, or the Secretary of Defense 
        may verify the status of enrollment in the TRICARE program 
        regarding the member before, during, and after a deployment of 
        the member.
            (7) The comparative effectiveness, with respect to the 
        delivery of health care benefits to a member of a reserve 
        component and eligible dependents of such member, of--
                    (A) continuing the current process by which a 
                previously eligible member must transition from coverage 
                under TRICARE Reserve Select to coverage under TRICARE 
                Prime after a change to active service in the duty 
                status of such member; and
                    (B) establishing a new process by which a previously 
                eligible member may remain covered by TRICARE Reserve 
                Select after a change to active service in the duty 
                status of such member (whether by allowing a previously 
                eligible member to pay a premium for such coverage or by 
                requiring the Federal Government to provide for such 
                coverage).
            (8) Whether the current process referred to in paragraph 
        (7)(A) negatively affects the delivery of health care benefits 
        as a result of transitions between network providers.
            (9) The current status and expected completion of duty 
        status reform for personnel of the reserve components.
            (10) The actions necessary to prevent future occurrences of 
        such lapses, including legislative actions.

    (b) Definitions.--In this section:
            (1) The term ``active service'' has the meaning given that 
        term in section 101(d) of title 10, United States Code.
            (2) The term ``eligible dependent'' means a dependent of a 
        member of a reserve component--
                    (A) described in subparagraph (A), (D), or (I) of 
                section 1072(2) of title 10, United States Code; and
                    (B) eligible for coverage under the TRICARE program.
            (3) The term ``previously eligible member'' means a member 
        of a reserve component who was eligible for coverage under 
        TRICARE Reserve Select pursuant to section 1076d of title 10, 
        United States Code, prior to a change to active service in the 
        duty status of such member.
            (4) The terms ``TRICARE Prime'' and ``TRICARE program'' have 
        the meanings given those terms in section 1072 of title 10, 
        United States Code.
            (5) The term ``TRICARE Reserve Select'' has the meaning 
        given that term in section 1076d(f) of title 10, United States 
        Code.

[[Page 134 STAT. 3723]]

SEC. 756. STUDY AND REPORT ON INCREASING TELEHEALTH SERVICES 
                        ACROSS ARMED FORCES.

    (a) <<NOTE: Reviews. Evaluations.>>  Study.--The Secretary of 
Defense shall conduct a study that reviews, identifies, and evaluates 
the technology approaches, policies, and concepts of operations of 
telehealth and telemedicine programs across all military departments. 
The study shall include the following:
            (1) Identification and evaluation of limitations and 
        vulnerabilities of health care and medicine capabilities with 
        respect to telemedicine.
            (2) Identification and evaluation of essential technologies 
        needed to achieve documented goals and capabilities of 
        telehealth and associated technologies required to support 
        sustainability.
            (3) <<NOTE: Estimate.>>  Development of a technology 
        maturation roadmap, including an estimated funding profile over 
        time, needed to achieve an effective operational telehealth 
        usage that describes both the critical and associated supporting 
        technologies, systems integration, prototyping and 
        experimentation, and test and evaluation.
            (4) <<NOTE: Analysis.>>  An analysis of telehealth programs, 
        such as remote diagnostic testing and evaluation tools that 
        contribute to the medical readiness of military medical 
        providers.

    (b) Report.--Not later than one year after the date of the enactment 
of this Act, the Secretary of Defense shall submit to the Committees on 
Armed Services of the House of Representatives and the Senate a report 
containing the study conducted under subsection (a).
SEC. 757. STUDY ON FORCE MIX OPTIONS AND SERVICE MODELS TO ENHANCE 
                        READINESS OF MEDICAL FORCE OF THE ARMED 
                        FORCES.

    (a) <<NOTE: Deadline. Contracts.>>  Study.--Not later than 30 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall seek to enter into an agreement with a federally funded research 
and development center or other independent entity to conduct a study on 
force mix options and service models (including traditional and 
nontraditional active and reserve models) to enhance the readiness of 
the medical force of the Armed Forces to deliver combat care on the 
battlefield and assist public health responses to pandemics or other 
national public health emergencies.

    (b) Elements.--The study under subsection (a) shall include, at a 
minimum and conducted separately with respect to members of the Armed 
Forces on active duty and members of the reserve components--
            (1) <<NOTE: Review.>>  a review of existing models for such 
        members who are medical professionals to improve clinical 
        readiness skills by serving in civilian trauma centers, Federal 
        agencies, or other organizations determined appropriate by the 
        Secretary;
            (2) <<NOTE: Assessment.>> an assessment of the extent to 
        which such existing models can be optimized, standardized, and 
        scaled to address readiness shortfalls; and
            (3) <<NOTE: Evaluation.>>  an evaluation of the cost and 
        effectiveness of alternative models for such members who are 
        medical professionals to serve in the centers, agencies, and 
        organizations specified in subparagraph (A).

[[Page 134 STAT. 3724]]

    (c) <<NOTE: Recommenda- tions.>>  Report.--Not later than 15 months 
after the date of the enactment of this Act, the Secretary shall submit 
to the Committees on Armed Services of the Senate and the House of 
Representatives a report on the findings and recommendations resulting 
from the study under subsection (a).
SEC. 758. REPORT ON BILLING PRACTICES FOR HEALTH CARE FROM 
                        DEPARTMENT OF DEFENSE.

    (a) Report.--
            (1) <<NOTE: Assessments.>>  In general.--Not later than one 
        year after the date of the enactment of this Act, the 
        Comptroller General of the United States shall submit to the 
        Committees on Armed Services of the Senate and the House of 
        Representatives a report assessing the billing practices of the 
        Department of Defense for care received under the TRICARE 
        program or at military medical treatment facilities.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) A description of the extent to which data is 
                being collected and maintained on whether beneficiaries 
                under the TRICARE program have other forms of health 
                insurance.
                    (B) A description of the extent to which the 
                Secretary of Defense has implemented the recommendations 
                of the Inspector General of the Department of Defense to 
                improve collections of third-party payments for care at 
                military medical treatment facilities and a description 
                of the impact such implementation has had on such 
                beneficiaries.
                    (C) A description of the extent to which the process 
                used by managed care support contractors under the 
                TRICARE program to adjudicate third-party liability 
                claims is efficient and effective, including with 
                respect to communication with such beneficiaries.

    (b) TRICARE Program Defined.--In this section, the term ``TRICARE 
program'' has the meaning given that term in section 1072 of title 10, 
United States Code.

   Subtitle E-- <<NOTE: Care and Readiness Enhancement for Reservists 
   Act of 2020.>> Mental Health Services From Department of Veterans 
Affairs for Members of Reserve Components
SEC. 761. <<NOTE: 38 USC 101 note.>>  SHORT TITLE.

    This subtitle may be cited as the ``Care and Readiness Enhancement 
for Reservists Act of 2020'' or the ``CARE for Reservists Act of 2020''.
SEC. 762. EXPANSION OF ELIGIBILITY FOR READJUSTMENT COUNSELING AND 
                        RELATED OUTPATIENT SERVICES FROM 
                        DEPARTMENT OF VETERANS AFFAIRS TO INCLUDE 
                        MEMBERS OF RESERVE COMPONENTS OF THE ARMED 
                        FORCES.

    (a) Readjustment Counseling.--Subsection (a)(1) of section 1712A of 
title 38, United States Code, is amended by adding at the end the 
following new subparagraph:
    ``(D)(i) <<NOTE: Consultation.>>  The Secretary, in consultation 
with the Secretary of Defense, may furnish to any member of the reserve 
components

[[Page 134 STAT. 3725]]

of the Armed Forces who has a behavioral health condition or 
psychological trauma, counseling under subparagraph (A)(i), which may 
include a comprehensive individual assessment under subparagraph (B)(i).

    ``(ii) A member of the reserve components of the Armed Forces 
described in clause (i) shall not be required to obtain a referral 
before being furnished counseling or an assessment under this 
subparagraph.''.
    (b) Outpatient Services.--Subsection (b) of such section is 
amended--
            (1) in paragraph (1)--
                    (A) by inserting ``to an individual'' after ``If, on 
                the basis of the assessment furnished''; and
                    (B) by striking ``veteran'' each place it appears 
                and inserting ``individual''; and
            (2) in paragraph (2), by striking ``veteran'' and inserting 
        ``individual''.

    (c) <<NOTE: 38 USC 1712A note.>>  Effective Date.--The amendments 
made by this section shall take effect on the date that is one year 
after the date of the enactment of this Act.
SEC. 763. PROVISION OF MENTAL HEALTH SERVICES FROM DEPARTMENT OF 
                        VETERANS AFFAIRS TO MEMBERS OF RESERVE 
                        COMPONENTS OF THE ARMED FORCES.

    (a) In General.--Subchapter VIII of chapter 17 of title 38, United 
States Code, is amended by adding at the end the following new section:
``Sec. 1789. <<NOTE: 38 USC 1789.>> Mental health services for 
                  members of the reserve components of the Armed 
                  Forces

    ``The <<NOTE: Consultation.>> Secretary, in consultation with the 
Secretary of Defense, may furnish mental health services to members of 
the reserve components of the Armed Forces.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such subchapter <<NOTE: 38 USC 1701 prec.>>  is amended by inserting 
after the item relating to section 1788 the following new item:

``1789. Mental health services for members of the reserve components of 
           the Armed Forces.''.

SEC. 764. INCLUSION OF MEMBERS OF RESERVE COMPONENTS IN MENTAL 
                        HEALTH PROGRAMS OF DEPARTMENT OF VETERANS 
                        AFFAIRS.

    (a) Suicide Prevention Program.--
            (1) In general.--Section 1720F of title 38, United States 
        Code, is amended by adding at the end the following new 
        subsection:

    ``(l)(1) Covered Individual Defined.--In this section, the term 
`covered individual' means a veteran or a member of the reserve 
components of the Armed Forces.
    ``(2) <<NOTE: Determination. Consultation.>>  In determining 
coverage of members of the reserve components of the Armed Forces under 
the comprehensive program, the Secretary shall consult with the 
Secretary of Defense.''.
            (2) Conforming amendments.--Such section is further 
        amended--
                    (A) in subsection (a), by striking ``veterans'' and 
                inserting ``covered individuals'';
                    (B) in subsection (b), by striking ``veterans'' each 
                place it appears and inserting ``covered individuals'';

[[Page 134 STAT. 3726]]

                    (C) in subsection (c)--
                          (i) in the subsection heading, by striking 
                      ``of Veterans'';
                          (ii) by striking ``veterans'' each place it 
                      appears and inserting ``covered individuals''; and
                          (iii) by striking ``veteran'' and inserting 
                      ``individual'';
                    (D) in subsection (d), by striking ``to veterans'' 
                each place it appears and inserting ``to covered 
                individuals'';
                    (E) in subsection (e), in the matter preceding 
                paragraph (1), by striking ``veterans'' and inserting 
                ``covered individuals'';
                    (F) in subsection (f)--
                          (i) in the first sentence, by striking 
                      ``veterans'' and inserting ``covered 
                      individuals''; and
                          (ii) in the second sentence, by inserting ``or 
                      members'' after ``veterans'';
                    (G) in subsection (g), by striking ``veterans'' and 
                inserting ``covered individuals'';
                    (H) in subsection (h), by striking ``veterans'' and 
                inserting ``covered individuals'';
                    (I) in subsection (i)--
                          (i) in the subsection heading, by striking 
                      ``for Veterans and Families'';
                          (ii) in the matter preceding paragraph (1), by 
                      striking ``veterans and the families of veterans'' 
                      and inserting ``covered individuals and the 
                      families of covered individuals'';
                          (iii) in paragraph (2), by striking 
                      ``veterans'' and inserting ``covered 
                      individuals''; and
                          (iv) in paragraph (4), by striking 
                      ``veterans'' each place it appears and inserting 
                      ``covered individuals'';
                    (J) in subsection (j)--
                          (i) in paragraph (1), by striking ``veterans'' 
                      each place it appears and inserting ``covered 
                      individuals''; and
                          (ii) in paragraph (4)--
                                    (I) in subparagraph (A), in the 
                                matter preceding clause (i), by striking 
                                ``women veterans'' and inserting 
                                ``covered individuals who are women'';
                                    (II) in subparagraph (B), by 
                                striking ``women veterans who'' and 
                                inserting ``covered individuals who are 
                                women and''; and
                                    (III) in subparagraph (C), by 
                                striking ``women veterans'' and 
                                inserting ``covered individuals who are 
                                women''; and
                    (K) in subsection (k), by striking ``veterans'' and 
                inserting ``covered individuals''.
            (3) Clerical amendments.--
                    (A) In general.--Such section is further amended, in 
                the section heading, by inserting ``and members of the 
                reserve components of the Armed Forces'' after 
                ``veterans''.
                    (B) Table of sections.--The table of sections at the 
                beginning of such subchapter <<NOTE: 38 USC 1701 
                prec.>>  is amended by striking the

[[Page 134 STAT. 3727]]

                item relating to section 1720F and inserting the 
                following new item:

``1720F. Comprehensive program for suicide prevention among veterans and 
           members of the reserve components of the Armed Forces.''.

    (b) Mental Health Treatment for Individuals Who Served in Classified 
Missions.--
            (1) In general.--Section 1720H of such title <<NOTE: 38 USC 
        1720H.>>  is amended--
                    (A) in subsection (a)--
                          (i) in paragraph (1)--
                                    (I) by striking ``eligible veteran'' 
                                and inserting ``eligible individual''; 
                                and
                                    (II) by striking ``the veteran'' and 
                                inserting ``the individual''; and
                          (ii) in paragraph (3), by striking ``eligible 
                      veterans'' and inserting ``eligible individuals'';
                    (B) in subsection (b)--
                          (i) by striking ``a veteran'' and inserting 
                      ``an individual''; and
                          (ii) by striking ``eligible veteran'' and 
                      inserting ``eligible individual''; and
                    (C) in subsection (c)--
                          (i) in paragraph (2), in the matter preceding 
                      subparagraph (A), by striking ``The term `eligible 
                      veteran' means a veteran'' and inserting ``The 
                      term `eligible individual' means a veteran or a 
                      member of the reserve components of the Armed 
                      Forces''; and
                          (ii) in paragraph (3), by striking ``eligible 
                      veteran'' and inserting ``eligible individual''.
            (2) Clerical amendments.--
                    (A) In general.--Such section is further amended, in 
                the section heading, by inserting ``and members of the 
                reserve components of the Armed Forces'' after 
                ``veterans''.
                    (B) Table of sections.--The table of sections at the 
                beginning of chapter 17 of such title <<NOTE: 38 USC 
                1701 prec.>> is amended by striking the item relating to 
                section 1720H and inserting the following new item:

``1720H. Mental health treatment for veterans and members of the reserve 
           components of the Armed Forces who served in classified 
           missions.''.

SEC. 765. REPORT ON MENTAL HEALTH AND RELATED SERVICES PROVIDED BY 
                        DEPARTMENT OF VETERANS AFFAIRS TO MEMBERS 
                        OF THE ARMED FORCES.

    (a) <<NOTE: Assessments.>>  In General.--Not later than one year 
after the date of the enactment of this Act, the Secretary of Veterans 
Affairs shall submit to the Committees on Armed Services and the 
Committees on Veterans' Affairs of the Senate and the House of 
Representatives a report that includes an assessment of the following:
            (1) The increase, as compared to the day before the date of 
        the enactment of this Act, of the number of members of the Armed 
        Forces that use readjustment counseling or outpatient mental 
        health care from the Department of Veterans Affairs, 
        disaggregated by State, Vet Center location, and clinical care 
        site of the Department, as appropriate.
            (2) The number of members of the reserve components of the 
        Armed Forces receiving telemental health care from the 
        Department.

[[Page 134 STAT. 3728]]

            (3) The increase, as compared to the day before the date of 
        the enactment of this Act, of the annual cost associated with 
        readjustment counseling and outpatient mental health care 
        provided by the Department to members of the reserve components 
        of the Armed Forces.
            (4) The changes, as compared to the day before the date of 
        the enactment of this Act, in staffing, training, organization, 
        and resources required for the Department to offer readjustment 
        counseling and outpatient mental health care to members of the 
        reserve components of the Armed Forces.
            (5) Any challenges the Department has encountered in 
        providing readjustment counseling and outpatient mental health 
        care to members of the reserve components of the Armed Forces.

    (b) Vet Center Defined.--In this section, the term ``Vet Center'' 
has the meaning given that term in section 1712A(h) of title 38, United 
States Code.

  TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED 
                                 MATTERS

              Subtitle A--Acquisition Policy and Management

Sec. 801. Report on acquisition risk assessment and mitigation as part 
           of Adaptive Acquisition Framework implementation.
Sec. 802. Improving planning, execution, and oversight of life cycle 
           sustainment activities.
Sec. 803. Disclosures for offerors for certain shipbuilding major 
           defense acquisition program contracts.
Sec. 804. Implementation of modular open systems approaches.
Sec. 805. Congressional notification of termination of a middle tier 
           acquisition program.
Sec. 806. Definition of material weakness for contractor business 
           systems.
Sec. 807. Space system acquisition and the adaptive acquisition 
           framework.
Sec. 808. Acquisition authority of the Director of the Joint Artificial 
           Intelligence Center.
Sec. 809. Assessments of the process for developing capability 
           requirements for Department of Defense acquisition programs.

 Subtitle B--Amendments to General Contracting Authorities, Procedures, 
                             and Limitations

Sec. 811. Sustainment reform for the Department of Defense.
Sec. 812. Inclusion of software in Government performance of acquisition 
           functions.
Sec. 813. Modifications to Comptroller General assessment of acquisition 
           programs and related initiatives.
Sec. 814. Cost or pricing data reporting requirements for Department of 
           Defense contracts.
Sec. 815. Prompt payment of contractors.
Sec. 816. Documentation pertaining to commercial item determinations.
Sec. 817. Modification to small purchase threshold exception to sourcing 
           requirements for certain articles.
Sec. 818. Repeal of program for qualified apprentices for military 
           construction contracts.
Sec. 819. Modifications to mitigating risks related to foreign 
           ownership, control, or influence of Department of Defense 
           contractors and subcontractors.
Sec. 820. Contract closeout authority for services contracts.
Sec. 821. Revision of proof required when using an evaluation factor for 
           employing or subcontracting with members of the Selected 
           Reserve.

       Subtitle C--Provisions Relating to Software and Technology

Sec. 831. Contract authority for development and demonstration of 
           initial or additional prototype units.

[[Page 134 STAT. 3729]]

Sec. 832. Extension of pilot program for streamlined awards for 
           innovative technology programs.
Sec. 833. Listing of other transaction authority consortia.
Sec. 834. Pilot program on the use of consumption-based solutions to 
           address software-intensive warfighting capability.
Sec. 835. Balancing security and innovation in software development and 
           acquisition.
Sec. 836. Digital modernization of analytical and decision-support 
           processes for managing and overseeing Department of Defense 
           acquisition programs.
Sec. 837. Safeguarding defense-sensitive United States intellectual 
           property, technology, and other data and information.
Sec. 838. Comptroller General report on implementation of software 
           acquisition reforms.
Sec. 839. Comptroller General report on intellectual property 
           acquisition and licensing.

                   Subtitle D--Industrial Base Matters

Sec. 841. Additional requirements pertaining to printed circuit boards.
Sec. 842. Report on nonavailability determinations and quarterly 
           national technology and industrial base briefings.
Sec. 843. Modification of framework for modernizing acquisition 
           processes to ensure integrity of industrial base and 
           inclusion of optical transmission components.
Sec. 844. Expansion on the prohibition on acquiring certain metal 
           products.
Sec. 845. Miscellaneous limitations on the procurement of goods other 
           than United States goods.
Sec. 846. Improving implementation of policy pertaining to the national 
           technology and industrial base.
Sec. 847. Report and limitation on the availability of funds relating to 
           eliminating the gaps and vulnerabilities in the national 
           technology and industrial base.
Sec. 848. Supply of strategic and critical materials for the Department 
           of Defense.
Sec. 849. Analyses of certain activities for action to address sourcing 
           and industrial capacity.
Sec. 850. Implementation of recommendations for assessing and 
           strengthening the manufacturing and defense industrial base 
           and supply chain resiliency.
Sec. 851. Report on strategic and critical materials.
Sec. 852. Report on aluminum refining, processing, and manufacturing.

                   Subtitle E--Small Business Matters

Sec. 861. Initiatives to support small businesses in the national 
           technology and industrial base.
Sec. 862. Transfer of verification of small business concerns owned and 
           controlled by veterans or service-disabled veterans to the 
           Small Business Administration.
Sec. 863. Employment size standard requirements for small business 
           concerns.
Sec. 864. Maximum award price for sole source manufacturing contracts.
Sec. 865. Reporting requirement on expenditure amounts for the Small 
           Business Innovation Research Program and the Small Business 
           Technology Transfer Program.
Sec. 866. Small businesses in territories of the United States.
Sec. 867. Eligibility of the Commonwealth of the Northern Mariana 
           Islands for certain Small Business Administration programs.
Sec. 868. Past performance ratings of certain small business concerns.
Sec. 869. Extension of participation in 8(a) program.
Sec. 870. Compliance of Offices of Small Business and Disadvantaged 
           Business Utilization.
Sec. 871. Category management training.

                        Subtitle F--Other Matters

Sec. 881. Review of and report on overdue acquisition and cross-
           servicing agreement transactions.
Sec. 882. Domestic comparative testing activities.
Sec. 883. Prohibition on awarding of contracts to contractors that 
           require nondisclosure agreements relating to waste, fraud, or 
           abuse.
Sec. 884. Program management improvement officers and program management 
           policy council.
Sec. 885. Disclosure of beneficial owners in database for Federal agency 
           contract and grant officers.
Sec. 886. Repeal of pilot program on payment of costs for denied 
           Government Accountability Office bid protests.

[[Page 134 STAT. 3730]]

Sec. 887. Amendments to submissions to Congress relating to certain 
           foreign military sales.
Sec. 888. Revision to requirement to use firm fixed-price contracts for 
           foreign military sales.
Sec. 889. Assessment and enhancement of national security innovation 
           base.
Sec. 890. Identification of certain contracts relating to construction 
           or maintenance of a border wall.
Sec. 891. Waivers of certain conditions for progress payments under 
           certain contracts during the COVID-19 national emergency.

              Subtitle A--Acquisition Policy and Management

SEC. 801. REPORT ON ACQUISITION RISK ASSESSMENT AND MITIGATION AS 
                        PART OF ADAPTIVE ACQUISITION FRAMEWORK 
                        IMPLEMENTATION.

    (a) In General.--Each service acquisition executive shall submit to 
the Secretary of Defense, the Under Secretary of Defense for Acquisition 
and Sustainment, the Under Secretary of Defense for Research and 
Engineering, and the Chief Information Officer of the Department of 
Defense a report on how such service acquisition executive is, with 
respect to the risks in acquisition programs described in subsection 
(b)--
            (1) assessing such risks;
            (2) mitigating such risks; and
            (3) reporting within the Department of Defense and to 
        Congress on such risks.

    (b) Acquisition Program Risks.--The risks in acquisition programs 
described in this subsection are the following:
            (1) Technical risks in engineering, software, manufacturing 
        and testing.
            (2) Integration and interoperability risks, including 
        complications related to systems working across multiple domains 
        while using machine learning and artificial intelligence 
        capabilities to continuously change and optimize system 
        performance.
            (3) Operations and sustainment risks, including as mitigated 
        by appropriate sustainment planning earlier in the lifecycle of 
        a program, access to technical data, and intellectual property 
        rights.
            (4) Workforce and training risks, including consideration of 
        the role of contractors as part of the total workforce.
            (5) Supply chain risks, including cybersecurity, foreign 
        control and ownership of key elements of supply chains, and the 
        consequences that a fragile and weakening defense industrial 
        base, combined with barriers to industrial cooperation with 
        allies and partners, pose for delivering systems and 
        technologies in a trusted and assured manner.

    (c) Report to Congress.--Not later than March 31, 2021, the Under 
Secretary of Defense for Acquisition and Sustainment shall submit to the 
congressional defense committees a report including--
            (1) the input received from the service acquisition 
        executives pursuant to subsection (a); and
            (2) the views of the Under Secretary with respect to the 
        matters described in paragraphs (1) through (5) of subsection 
        (b).

[[Page 134 STAT. 3731]]

SEC. 802. IMPROVING PLANNING, EXECUTION, AND OVERSIGHT OF LIFE 
                        CYCLE SUSTAINMENT ACTIVITIES.

    (a) Planning for Life Cycle Sustainment.--Section 2337 of title 10, 
United States Code, is amended--
            (1) by striking ``major weapon system'' each place it 
        appears and inserting ``covered system'';
            (2) by striking ``major weapon systems'' each place it 
        appears and inserting ``covered systems'';
            (3) by striking ``weapon system'' each place it appears and 
        inserting ``covered system'';
            (4) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively;
            (5) by inserting after subsection (a) the following new 
        subsection:

    ``(b) Life Cycle Sustainment Plan.--Before granting Milestone B 
approval (or the equivalent), the milestone decision authority shall 
ensure that each covered system has an approved life cycle sustainment 
plan. The life cycle sustainment plan shall include--
            ``(1) <<NOTE: Strategy.>>  a comprehensive product support 
        strategy;
            ``(2) performance goals, including key performance 
        parameters for sustainment, key system attributes of the covered 
        system, and other appropriate metrics;
            ``(3) <<NOTE: Cost estimate.>>  an approved life-cycle cost 
        estimate for the covered system;
            ``(4) affordability constraints and key cost factors that 
        could affect the operating and support costs of the covered 
        system;
            ``(5) sustainment risks and proposed mitigation plans for 
        such risks;
            ``(6) engineering and design considerations that support 
        cost-effective sustainment of the covered system;
            ``(7) <<NOTE: Data.>>  a technical data and intellectual 
        property management plan for product support; and
            ``(8) <<NOTE: Requirements.>>  major maintenance and 
        overhaul requirements that will be required during the life 
        cycle of the covered system.'';
            (6) in subsection (c)(2), as so redesignated--
                    (A) by amending subparagraph (A) to read as follows:
                    ``(A) develop, update, and implement a life cycle 
                sustainment plan described in subsection (b);'';
                    (B) in subparagraph (B), by striking ``use'' and 
                inserting ``ensure the life cycle sustainment plan is 
                informed by''; and
                    (C) in subparagraph (C), by inserting ``and life 
                cycle sustainment plan'' after ``product support 
                strategy'';''; and
            (7) in subsection (d), as so redesignated--
                    (A) by amending paragraph (5) to read as follows:
            ``(5) <<NOTE: Definition.>> Covered system.--The term 
        `covered system' means--
                    ``(A) a major defense acquisition program as defined 
                in section 2430 of this title; or
                    ``(B) an acquisition program or project that is 
                carried out using the rapid fielding or rapid 
                prototyping acquisition pathway under section 804 of the 
                National Defense Authorization Act for Fiscal Year 2016 
                (Public Law 114-92; 10 U.S.C. 2302 note) that is 
                estimated by the Secretary of Defense to require an 
                eventual total expenditure described in section 
                2430(a)(1)(B).''; and
                    (B) <<NOTE: Definitions.>> by adding at the end the 
                following new paragraphs:

[[Page 134 STAT. 3732]]

            ``(6) Milestone b approval.--The term `Milestone B approval' 
        has the meaning given that term in section 2366(e)(7) of this 
        title.
            ``(7) Milestone decision authority.--The term `milestone 
        decision authority' has the meaning given in section 2431a(e)(5) 
        of this title.''.

    (b) Additional Requirements Before Milestone B Approval.--Section 
2366b of title 10, United States Code is amended--
            (1) in subsection (a)(3)--
                    (A) in subparagraph (N), by striking ``and'' at the 
                end;
                    (B) in subparagraph (O), by striking the period at 
                the end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(P) has approved the life cycle sustainment plan 
                required under section 2337(b) of this title.''; and
            (2) in subsection (c)(1)--
                    (A) by redesignating subparagraph (H) as 
                subparagraph (I); and
                    (B) by inserting after subparagraph (G) the 
                following new subparagraph:
                    ``(H) A summary of the life cycle sustainment plan 
                required under section 2337 of this title.''.

    (c) Recurring Sustainment Reviews.--Section 2441 of title 10, United 
States Code, is amended--
            (1) in subsection (a)--
                    (A) in the first sentence--
                          (i) by striking ``major weapon system'' and 
                      inserting ``covered system'';
                          (ii) by striking ``and throughout the life 
                      cycle of the weapon system'' and inserting ``, and 
                      every five years thereafter throughout the life 
                      cycle of the covered system,''; and
                          (iii) by striking ``costs of the weapon 
                      system'' and inserting ``costs of the covered 
                      system''; and
                    (B) by striking the second sentence;
            (2) in subsection (b)--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``assess execution of the life cycle 
                sustainment plan of the covered system and'' before 
                ``include the following elements:''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(10) As applicable, information regarding any decision to 
        restructure the life cycle sustainment plan for a covered system 
        or any other action that will lead to critical operating and 
        support cost growth.''; and
            (3) by adding at the end the following new subsections:

    ``(d) Submission to Congress.--(1) 
Not <<NOTE: Deadlines. Reviews.>> later than September 30 of each fiscal 
year, the Secretary of each military department shall annually submit to 
the congressional defense committees the sustainment reviews required by 
this section for such fiscal year.

    ``(2) <<NOTE: Classified information.>>  Each submission under 
paragraph (1) shall be submitted in unclassified form, but may include a 
classified annex.

    ``(3) <<NOTE: Remediation plan. Certification.>>  For a covered 
system with critical operating and support cost growth, such submission 
shall include a remediation plan to

[[Page 134 STAT. 3733]]

reduce operating and support costs or a certification by the Secretary 
concerned that such critical operating and support cost growth is 
necessary to meet national security requirements.

    ``(e) Definitions.--In this section:
            ``(1) Covered system.--The term `covered system' shall have 
        the meaning given in section 2337 of this title.
            ``(2) Critical operating and support cost growth.--The term 
        `critical operating and support cost growth' means operating and 
        support cost growth--
                    ``(A) of at least 25 percent more than the estimate 
                documented in the most recent independent cost estimate 
                for the covered system; or
                    ``(B) of at least 50 percent more than the estimate 
                documented in the original Baseline Estimate (as defined 
                in section 2435(d) of this title) for the covered 
                system.''.

    (d) Comptroller General Review.--
            (1) In general.--The Comptroller General of the United 
        States shall--
                    (A) annually, select 10 covered systems for which a 
                sustainment review has been submitted under section 
                2441(d) of title 10, United States Code; and
                    (B) <<NOTE: Assessments.>>  submit to the 
                congressional defense committees an assessment of the 
                steps taken by Secretaries concerned to quantify and 
                address critical operating and support cost growth with 
                respect to such covered systems.
            (2) Contents.--Each assessment described in paragraph (1) 
        shall include--
                    (A) <<NOTE: Evaluations.>>  an evaluation of--
                          (i) the causes of critical operating and 
                      support cost growth for each such covered system;
                          (ii) the extent to which the Secretary 
                      concerned has mitigated critical operating and 
                      support cost growth of such covered system; and
                          (iii) any other issues related to potential 
                      critical operating and support cost growth the 
                      Comptroller General determines appropriate; and
                    (B) <<NOTE: Recommenda- tions.>>  any 
                recommendations, including steps the Secretaries 
                concerned could take to reduce critical operating and 
                support cost growth for covered systems and lessons 
                learned to be incorporated in covered system 
                acquisitions.
            (3) Termination.--The requirement under this subsection 
        shall terminate on September 30, 2025.
            (4) Definitions.--In this subsection, the terms ``covered 
        system'' and ``critical operating and support cost growth'' have 
        the meanings given, respectively, in section 2441 of title 10, 
        United States Code.

    (e) Report on Sustainment Planning Processes for Non-major Defense 
Acquisition Program Activities.--Not later than December 31, 2021, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the process for ensuring that timely and robust 
sustainment planning processes are in place for all acquisition 
activities. The report shall include a discussion of--
            (1) sustainment planning processes for each--
                    (A) acquisition program or project that is carried 
                out using the rapid fielding or rapid prototyping 
                acquisition pathway under section 804 of the National 
                Defense

[[Page 134 STAT. 3734]]

                Authorization Act for Fiscal Year 2016 (Public Law 114-
                92; 10 U.S.C. 2302 note);
                    (B) information technology and software program;
                    (C) services contract, including each services 
                contract for information technologies and systems; and
                    (D) acquisition activity other than major defense 
                acquisition programs (as defined in section 2430 of 
                title 10, United States Code), as determined by the 
                Secretary of Defense;
            (2) methods to identify responsible individuals for 
        sustainment planning;
            (3) <<NOTE: Requirements.>>  required elements of 
        sustainment planning;
            (4) timing of sustainment planning activities in the 
        acquisition process;
            (5) <<NOTE: Assessment. Compliance.>>  measures and metrics 
        to assess compliance with sustainment plans; and
            (6) actions to continuously monitor, create incentives for, 
        and ensure compliance with sustainment plans.
SEC. 803. DISCLOSURES FOR OFFERORS FOR CERTAIN SHIPBUILDING MAJOR 
                        DEFENSE ACQUISITION PROGRAM CONTRACTS.

    (a) In General.--Chapter 137 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 2339c. <<NOTE: 10 USC 2339c.>>  Disclosures for offerors 
                    for certain shipbuilding major defense 
                    acquisition program contracts

    ``(a) <<NOTE: Proposal.>>  In General.--Any covered offeror seeking 
to be awarded a shipbuilding construction contract as part of a major 
defense acquisition program with funds from the Shipbuilding and 
Conversion, Navy account shall disclose along with the offer and any 
subsequent revisions of the offer (including the final proposal revision 
offer) if any part of the planned contract performance will or is 
expected to include foreign government subsidized performance, foreign 
financing, foreign financial guarantees, or foreign tax concessions.

    ``(b) Requirements.--A disclosure required under subsection (a) 
shall be made in a form prescribed by the Secretary of the Navy and 
shall include a specific description of the extent to which the planned 
contract performance will include, with or without contingencies, any 
foreign government subsidized performance, foreign financing, foreign 
financial guarantees, or foreign tax concessions.
    ``(c) <<NOTE: Deadline.>>  Congressional Notification.--Not later 
than 5 days after awarding a contract described under subsection (a), 
the Secretary of the Navy shall notify the congressional defense 
committees and summarize the disclosure provided under such subsection.

    ``(d) Definitions.--In this section:
            ``(1) Covered offeror.--The term `covered offeror' means any 
        offeror that requires or may reasonably be expected to require, 
        during the period of performance on a shipbuilding construction 
        contract described in subsection (a), a method to mitigate or 
        negate foreign ownership under section 2004.34(f)(6) of title 
        32, Code of Federal Regulations.
            ``(2) Foreign government subsidized performance.--The term 
        `foreign government subsidized performance' means any financial 
        support, materiel, services, or guarantees of support,

[[Page 134 STAT. 3735]]

        services, supply, performance, or intellectual property 
        concessions, that may be provided to or for the covered offeror 
        or the customer of the offeror by a foreign government or entity 
        effectively owned or controlled by a foreign government, which 
        may have the effect of supplementing, supplying, servicing, or 
        reducing the cost or price of an end item, or supporting, 
        financing in whole or in part, or guaranteeing contract 
        performance by the offeror.
            ``(3) Major defense acquisition program.--The term `major 
        defense acquisition program' has the meaning given the term in 
        section 2430 of this title.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 137 of title 10, United States Code, <<NOTE: 10 USC 2301 
prec.>> is amended by inserting after the item relating to section 2339b 
the following new item:

``2339c. Disclosures for offerors for certain shipbuilding major defense 
           acquisition program contracts.''.

SEC. 804. <<NOTE: 10 USC 4401 note.>>  IMPLEMENTATION OF MODULAR 
                        OPEN SYSTEMS APPROACHES.

    (a) Requirements for Interface Delivery.--
            
        (1) <<NOTE: Deadline. Coordination. Regulations. Applicability.>> 
         In general.--Not later than one year after the date of the 
        enactment of this Act, the Under Secretary of Defense for 
        Acquisition and Sustainment, in coordination with the Joint All-
        Domain Command and Control cross-functional team and the 
        Director for Command, Control, Communications, and Computers/
        Cyber, shall issue regulations and guidance applicable to the 
        military departments, Defense Agencies, Department of Defense 
        Field Activities (as such terms are defined, respectively, in 
        section 101 of title 10, United States Code), and combatant 
        commands, as appropriate, to--
                    (A) facilitate the Department of Defense's access to 
                and utilization of modular system interfaces;
                    (B) fully realize the intent of chapter 144B of 
                title 10, United States Code, by facilitating the 
                implementation of modular open system approaches across 
                major defense acquisition programs (as defined in 
                section 2430 of title 10, United States Code) and other 
                relevant acquisition programs, including in the 
                acquisition and sustainment of weapon systems, 
                platforms, and components for which no common interface 
                standard has been established, to enable communication 
                between such weapon systems, platforms, and components; 
                and
                    (C) advance the efforts of the Department to 
                generate diverse and recomposable kill chains.
            (2) Elements.--The regulations and guidance required under 
        paragraph (1) shall include requirements that--
                    (A) the program officer for each weapon system 
                characterizes, in the acquisition strategy required 
                under section 2431a of title 10, United States Code or 
                in other documentation, the desired modularity of the 
                weapon system for which the program officer is 
                responsible, including--
                          (i) identification of--
                                    (I) the modular systems that 
                                comprise the weapon system;

[[Page 134 STAT. 3736]]

                                    (II) the information that should be 
                                communicated between individual modular 
                                systems (such as tracking and targeting 
                                data or command and control 
                                instructions); and
                                    (III) the desired function of the 
                                communication between modular systems 
                                (such as fire control functions); and
                          (ii) a default configuration specifying which 
                      modular systems should communicate with other 
                      modular systems, including modular systems of 
                      other weapon systems;
                    (B) each relevant Department of Defense contract 
                entered into after the date on which the regulations and 
                guidance required under paragraph (1) are implemented 
                includes requirements for the delivery of modular system 
                interfaces for modular systems deemed relevant in the 
                acquisition strategy or documentation referred to in 
                subparagraph (A), including--
                          (i) software-defined interface syntax and 
                      properties, specifically governing how values are 
                      validly passed and received between major 
                      subsystems and components, in machine-readable 
                      format;
                          (ii) a machine-readable definition of the 
                      relationship between the delivered interface and 
                      existing common standards or interfaces available 
                      in the interface repositories established pursuant 
                      to subsection (c); and
                          (iii) documentation with functional 
                      descriptions of software-defined interfaces, 
                      conveying semantic meaning of interface elements, 
                      such as the function of a given interface field;
                    (C) the relevant program offices, including those 
                responsible for maintaining and upgrading legacy 
                systems--
                          (i) that have not characterized the desired 
                      modularity of the systems nevertheless meet the 
                      requirements of paragraph (2)(A), if the program 
                      officers make an effort, to the extent 
                      practicable, to update the acquisition strategies 
                      required under section 2431a of title 10, United 
                      States Code, or to develop or update other 
                      relevant documentation; and
                          (ii) that have awarded contracts that do not 
                      include the requirements specified in subparagraph 
                      (B) of paragraph (2) nevertheless acquire, to the 
                      extent practicable, the items specified in clauses 
                      (i) through (iii) of such subparagraph, either 
                      through contractual updates, separate negotiations 
                      or contracts, or program management mechanisms; 
                      and
                    (D) the relevant program officers deliver modular 
                system interfaces and the associated documentation to at 
                least one of the repositories established pursuant to 
                subsection (c).
            (3) Applicability of regulations and guidance.--
                    (A) Applicability.--The regulations and guidance 
                required under paragraph (1) shall apply to any program 
                office responsible for the prototyping, acquisition, or 
                sustainment of a new or existing weapon system.

[[Page 134 STAT. 3737]]

                    (B) <<NOTE: Time period.>>  Extension of scope.--Not 
                earlier than 1 year before, and not later than 2 years 
                after the regulations and guidance required under 
                paragraph (1) are issued for weapon systems, the Under 
                Secretary of Defense for Acquisition and Sustainment may 
                extend such regulations and guidance to apply to 
                software-based non-weapon systems, including business 
                systems and cybersecurity systems.
            (4) Inclusion of components.--For the purposes of paragraph 
        (2)(A), each component that meets the following requirements 
        shall be treated as a modular system:
                    (A) A component that is able to execute without 
                requiring coincident execution of other weapon systems 
                or components and can communicate across component 
                boundaries and through interfaces.
                    (B) A component that can be separated from and 
                recombined with other weapon systems or components to 
                achieve various effects, missions, or capabilities.
                    (C) A component that is covered by a unique contract 
                line item.
            (5) Machine-readable definition.--Where appropriate and 
        available, the requirement in paragraph (2)(B)(ii) for a 
        machine-readable definition may be satisfied by using a covered 
        technology.

    (b) Extension of Modular Open Systems Approach and Rights in 
Interface Software.--
            (1) Requirement for modular open system approach.--Section 
        2446a of title 10, United States Code, is amended--
                    (A) in subsection (a), by adding at the end the 
                following: ``Other defense acquisition programs shall 
                also be designed and developed, to the maximum extent 
                practicable, with a modular open system approach to 
                enable incremental development and enhance competition, 
                innovation, and interoperability.'';
                    (B) in subsection (b)--
                          (i) in paragraph (1)--
                                    (I) in subparagraph (A), by striking 
                                ``major system interfaces'' and all that 
                                follows and inserting ``modular system 
                                interfaces between major systems, major 
                                system components and modular 
                                systems;'';
                                    (II) in subparagraph (B), by 
                                striking ``major system interfaces'' and 
                                all that follows and inserting the 
                                following: ``that relevant modular 
                                system interfaces--
                          ``(i) comply with, if available and suitable, 
                      widely supported and consensus-based standards; or
                          ``(ii) are delivered pursuant to the 
                      requirements established in subsection (a)(2)(B) 
                      of section 804 of the William M. (Mac) Thornberry 
                      National Defense Authorization Act for Fiscal Year 
                      2021, including the delivery of--
                                    ``(I) software-defined interface 
                                syntax and properties, specifically 
                                governing how values are validly passed 
                                and received between major subsystems 
                                and components, in machine-readable 
                                format;

[[Page 134 STAT. 3738]]

                                    ``(II) a machine-readable definition 
                                of the relationship between the 
                                delivered interface and existing common 
                                standards or interfaces available in 
                                Department interface repositories; and
                                    ``(III) documentation with 
                                functional descriptions of software-
                                defined interfaces, conveying semantic 
                                meaning of interface elements, such as 
                                the function of a given interface 
                                field;''; and
                                    (III) in subparagraph (C), by 
                                inserting ``and modular systems'' after 
                                ``severable major system components'';
                          (ii) in paragraph (3)(A), by striking ``well-
                      defined major system interfaces'' and inserting 
                      ``modular system interfaces'';
                          (iii) <<NOTE: Definitions.>>  by amending 
                      paragraph (4) to read as follows:
            ``(4) The term `modular system interface' means a shared 
        boundary between major systems, major system components, or 
        modular systems, defined by various physical, logical, and 
        functional characteristics, such as electrical, mechanical, 
        fluidic, optical, radio frequency, data, networking, or software 
        elements.'';
                          (iv) by redesignating paragraphs (5) through 
                      (8) as paragraphs (6) through (9), respectively; 
                      and
                          (v) by inserting after paragraph (4) the 
                      following new paragraph:
            ``(5) The term `modular system' refers to a weapon system or 
        weapon system component that--
                    ``(A) is able to execute without requiring 
                coincident execution of other specific weapon systems or 
                components;
                    ``(B) can communicate across component boundaries 
                and through interfaces; and
                    ``(C) functions as a module that can be separated, 
                recombined, and connected with other weapon systems or 
                weapon system components in order to achieve various 
                effects, missions, or capabilities.''.
            (2) Rights in technical data.--
                    (A) In general.--Section 2320 of title 10, United 
                States Code, is amended--
                          (i) in subsection (a)(2), by amending 
                      subparagraph (G) to read as follows:
            ``(G) <<NOTE: Determination.>>  Modular system interfaces 
        developed exclusively at private expense or with mixed 
        funding.--Notwithstanding subparagraphs (B) and (E), the United 
        States shall have government purpose rights in technical data 
        pertaining to a modular system interface developed exclusively 
        at private expense or in part with Federal funds and in part at 
        private expense and used in a modular open system approach 
        pursuant to section 2446a of this title, except in any case in 
        which the Secretary of Defense determines that negotiation of 
        different rights in such technical data would be in the best 
        interest of the United States. Such modular system interface 
        shall be identified in the contract solicitation and the 
        contract. For technical data pertaining to a modular system 
        interface developed exclusively at private expense for which the 
        United States asserts government purpose rights, the Secretary 
        of Defense shall negotiate with the contractor the appropriate 
        and reasonable compensation for such technical data.''; and

[[Page 134 STAT. 3739]]

                          (ii) in subsection (h), by striking ``, `major 
                      system interface' '' and inserting ``, `modular 
                      system interface' ''.
                    (B) <<NOTE: Deadline. Update.>> Regulations.--Not 
                later than 180 days after the date of the enactment of 
                this Act, the Secretary of Defense shall update the 
                regulations required by section 2320(a)(1) of title 10, 
                United States Code, to reflect the amendments made by 
                this paragraph.

    (c) Interface Repositories.--
            (1) <<NOTE: Deadline.>>  Establishment.--Not later than 90 
        days after the date of the enactment of this Act, the Under 
        Secretary of Defense for Acquisition and Sustainment shall--
                    (A) direct the Secretaries concerned and the heads 
                of other appropriate Department of Defense components to 
                establish and maintain repositories for interfaces, 
                syntax and properties, documentation, and communication 
                implementations delivered pursuant to the requirements 
                established under subsection (a)(2)(B);
                    (B) establish and maintain a comprehensive index of 
                interfaces, syntax and properties, documentation, and 
                communication implementations delivered pursuant to the 
                requirements established under subsection (a)(2)(B) and 
                maintained in the repositories required under 
                subparagraph (A); and
                    (C) if practicable, establish and maintain an 
                alternate reference repository of interfaces, syntax and 
                properties, documentation, and communication 
                implementations delivered pursuant to the requirements 
                established under subsection (a)(2)(B).
            (2) Distribution of interfaces.--
                    (A) <<NOTE: Coordination.>>  In general.--Consistent 
                with the requirements of section 2320 of title 10, 
                United States Code, the Under Secretary of Defense for 
                Acquisition and Sustainment shall, in coordination with 
                the Director of the Defense Standardization Program 
                Office, use the index and repositories established 
                pursuant to paragraph (1) to provide access to 
                interfaces and relevant documentation to authorized 
                Federal Government and non-Governmental entities.
                    (B) Non-government recipient use limits.--A non-
                Governmental entity that receives access under 
                subparagraph (A) may not further release, disclose, or 
                use such data except as authorized.

    (d) System of Systems Integration Technology and Experimentation.--
            (1) Demonstration and assessment.--
                    (A) <<NOTE: Deadline.>>  In general.--Not later than 
                one year after the date of the enactment of this Act, 
                the Director for Command, Control, Communications, and 
                Computers/Cyber and the Chief Information Officer of the 
                Department of Defense, acting through the Joint All-
                Domain Command and Control cross-functional team, shall 
                conduct demonstrations and complete an assessment of the 
                technologies developed under the System of Systems 
                Integration Technology and Experimentation program of 
                the Defense Advanced Research Projects Agency, including 
                a covered technology, and the applicability of any such 
                technologies to the Joint All-Domain Command and Control 
                architecture.

[[Page 134 STAT. 3740]]

                    (B) Coverage.--The demonstrations and assessment 
                required under subparagraph (A) shall include--
                          (i) at least three demonstrations of the use 
                      of a covered technology to create, under 
                      constrained schedules and budgets, novel kill 
                      chains involving previously incompatible weapon 
                      systems, sensors, and command, control, and 
                      communication systems from multiple military 
                      services in cooperation with United States Indo-
                      Pacific Command or United States European Command;
                          (ii) <<NOTE: Evaluation.>>  an evaluation as 
                      to whether the communications enabled via a 
                      covered technology are sufficient for military 
                      missions and whether such technology results in 
                      any substantial performance loss in communication 
                      between systems, major subsystems, and major 
                      components;
                          (iii) <<NOTE: Evaluation.>>  an evaluation as 
                      to whether a covered technology obviates the need 
                      to develop, impose, and maintain strict adherence 
                      to common communication and interface standards 
                      for weapon systems;
                          (iv) the appropriate roles and 
                      responsibilities of the Chief Information Officer 
                      of the Department of Defense, the Under Secretary 
                      of Defense for Acquisition and Sustainment, the 
                      heads of the combatant commands, the Secretaries 
                      concerned, the Defense Advanced Research Projects 
                      Agency, and the defense industrial base in using 
                      and maintaining a covered technology to generate 
                      diverse and recomposable kill chains as part of 
                      the Joint All-Domain Command and Control 
                      architecture;
                          (v) for at least one of the demonstrations 
                      conducted under clause (i), demonstration of the 
                      use of technology developed under the High-
                      Assurance Cyber Military Systems program of the 
                      Defense Advanced Research Projects Agency to 
                      secure legacy weapon systems and command and 
                      control capabilities while facilitating 
                      interoperability;
                          (vi) <<NOTE: Evaluation.>>  an evaluation of 
                      how the technology referred to in clause (v) and 
                      covered technology should be used to improve 
                      cybersecurity and interoperability across critical 
                      weapon systems and command and control 
                      capabilities across the joint forces; and
                          (vii) <<NOTE: Coordination.>> coordination 
                      with the program manager for the Time Sensitive 
                      Targeting Defeat program under the Under Secretary 
                      of Defense for Research and Engineering and the 
                      Under Secretary of Defense for Intelligence and 
                      Security.
            (2) Chief information officer assessment.--
                    (A) <<NOTE: Coordination.>>  In general.--The Chief 
                Information Officer for the Department of Defense, in 
                coordination with the Principal Cyber Advisor to the 
                Secretary of Defense and the Director of the 
                Cybersecurity Directorate of the National Security 
                Agency, shall assess the technologies developed under 
                the System of Systems Integration Technology and 
                Experimentation program of the Defense Advanced Research 
                Projects Agency, including the covered technology,

[[Page 134 STAT. 3741]]

                and applicability of such technology to the business 
                systems and cybersecurity tools of the Department.
                    (B) <<NOTE: Demonstrations.>>  Coverage.--The 
                assessment required under subparagraph (A) shall 
                include--
                          (i) <<NOTE: Evaluations.>>  an evaluation as 
                      to how the technologies referred to in such 
                      subparagraph could be used in conjunction with or 
                      instead of existing cybersecurity standards, 
                      frameworks, and technologies designed to enable 
                      communication between, and coordination of, 
                      cybersecurity tools;
                          (ii) <<NOTE: Coordination.>>  as appropriate, 
                      demonstrations by the Chief Information Office of 
                      the use of such technologies in enabling 
                      communication between, and coordination of, 
                      previously incompatible cybersecurity tools; and
                          (iii) as appropriate, demonstrations of the 
                      use of such technologies in enabling communication 
                      between previously incompatible business systems.
            (3) Sustainment of certain engineering resources and 
        capabilities.--During the period the demonstrations and 
        assessments required under this subsection are conducted, and 
        thereafter to the extent required to execute the activities 
        directed by the Joint All-Domain Command and Control cross-
        functional team, the Joint All-Domain Command and Control cross-
        functional team shall sustain the System of Systems Technology 
        Integration Tool Chain for Heterogeneous Electronic Systems 
        engineering resources and capabilities developed by the Defense 
        Advanced Research Projects Agency.
            (4) <<NOTE: Time period.>>  Transfer of responsibility.--Not 
        earlier than 1 year before, and not later than 2 years after the 
        date of the enactment of this Act, the Secretary of Defense may 
        transfer responsibility for maintaining the engineering 
        resources and capabilities described in paragraph (3) to a 
        different organization within the Department.

    (e) Open Standards.--Nothing in this section shall be construed as 
requiring, preventing, or interfering with the use or application of any 
given communication standard or interface. The communication described 
in subsection (a)(2)(A) may be accomplished by using existing open 
standards, by the creation and use of new open standards, or through 
other approaches, provided that such standards meet the requirements of 
subsection (a)(2)(B).
    (f) Definitions.--In this section:
            (1) The term ``covered technology'' means the domain-
        specific programming language for interface field 
        transformations and its associated compilation toolchain 
        (commonly known as the ``System of Systems Technology 
        Integration ToolChain for Heterogeneous Electronic Systems'') 
        developed under the Defense Advanced Research Projects Agency 
        System of Systems Integration Technology and Experimentation 
        program, or any other technology that is functionally 
        equivalent.
            (2) The term ``desired modularity'' means the desired degree 
        to which weapon systems, components within a weapon system, and 
        components across weapon systems can function as modules that 
        can communicate across component boundaries and through 
        interfaces and can be separated and recombined to achieve 
        various effects, missions, or capabilities, as determined by the 
        program officer for such weapon system.

[[Page 134 STAT. 3742]]

            (3) The term ``machine-readable format'' means a format that 
        can be easily processed by a computer without human 
        intervention.
            (4) The terms ``major system'', ``major system component'', 
        ``modular open system approach'', ``modular system'', ``modular 
        system interface'', and ``weapon system'' have the meanings 
        given such terms, respectively, in section 2446a of title 10, 
        United States Code.
SEC. 805. CONGRESSIONAL NOTIFICATION OF TERMINATION OF A MIDDLE 
                        TIER ACQUISITION PROGRAM.

    Section 804 of the National Defense Authorization Act for Fiscal 
Year 2016 (10 U.S.C. 2302 note) is amended by adding at the end the 
following new subsection:
    ``(e) Report.--Not later than 30 days after the date of termination 
of an acquisition program commenced using the authority under this 
section, the Secretary of Defense shall submit to Congress a 
notification of such termination. Such notice shall include--
            ``(1) the initial amount of a contract awarded under such 
        acquisition program;
            ``(2) the aggregate amount of funds awarded under such 
        contract; and
            ``(3) written documentation of the reason for termination of 
        such acquisition program.''.
SEC. 806. DEFINITION OF MATERIAL WEAKNESS FOR CONTRACTOR BUSINESS 
                        SYSTEMS.

    Section 893 of the Ike Skelton National Defense Authorization Act 
for Fiscal Year 2011 (Public Law 111-383; 10 U.S.C. 2302 note) is 
amended--
            (1) by striking ``significant deficiencies'' both places it 
        appears and inserting ``material weaknesses'';
            (2) by striking ``significant deficiency'' each place it 
        appears and inserting ``material weakness''; and
            (3) by amending subsection (g)(4) to read as follows:
            ``(4) The term `material weakness' means a deficiency or 
        combination of deficiencies in the internal control over 
        information in contractor business systems, such that there is a 
        reasonable possibility that a material misstatement of such 
        information will not be prevented, or detected and corrected, on 
        a timely basis. For purposes of this paragraph, a reasonable 
        possibility exists when the likelihood of an event occurring--
                    ``(A) is probable; or
                    ``(B) is more than remote but less than likely.''.
SEC. 807. <<NOTE: 10 USC 9081 note.>>  SPACE SYSTEM ACQUISITION 
                        AND THE ADAPTIVE ACQUISITION FRAMEWORK.

    (a) Service Acquisition Executive for Space Systems and Programs.--
Before implementing the application of the adaptive acquisition 
framework to a Space Systems Acquisition pathway described in subsection 
(c), there shall be within the Department of the Air Force an individual 
serving as the Service Acquisition Executive of the Department of the 
Air Force for Space Systems and Programs as required under section 957 
of the National Defense Authorization Act for Fiscal Year 2020 (Public 
Law 116-92; 133 Stat. 1566; 10 U.S.C. 9016 note).
    (b) Milestone Decision Authority for United States Space Force.--

[[Page 134 STAT. 3743]]

            (1) Program executive officer.--The Service Acquisition 
        Executive for Space Systems and Programs of the United States 
        Space Force may further delegate authority to an appropriate 
        program executive officer to serve as the milestone decision 
        authority for major defense acquisition programs of the United 
        States Space Force.
            (2) Program manager.--The program executive officer assigned 
        under paragraph (1) may further delegate authority over major 
        systems to an appropriate program manager.

    (c) Adaptive Acquisition Framework Application to Space 
Acquisition.--
            (1) In general.--The Secretary of Defense shall take such 
        actions necessary to ensure the adaptive acquisition framework 
        (as described in Department of Defense Instruction 5000.02, 
        ``Operation of the Adaptive Acquisition Framework'') includes 
        one or more pathways specifically tailored for Space Systems 
        Acquisition in order to achieve faster acquisition, improve 
        synchronization and more rapid fielding of critical end-to-end 
        capabilities (including by using new commercial capabilities and 
        services), while maintaining accountability for effective 
        programs that are delivered on time and on budget.
            (2) Goal.--The goal of the application of the adaptive 
        acquisition framework to a Space Systems Acquisition pathway 
        shall be to quickly and effectively acquire end-to-end space 
        warfighting capabilities needed to address the requirements of 
        the national defense strategy (as defined under section 113(g) 
        of title 10, United States Code).

    (d) Report.--
            (1) In general.--Not later than May 15, 2021, the Secretary 
        of Defense shall submit to the congressional defense committees 
        a report on the application of the adaptive acquisition 
        framework to any Space Systems Acquisition pathway established 
        under subsection (a) that includes the following:
                    (A) <<NOTE: Proposals.>>  Proposed United States 
                Space Force budget line items for fiscal year 2022, 
                including--
                          (i) a comparison with budget line items for 
                      any major defense acquisition programs, middle 
                      tier acquisition programs, covered software 
                      programs, and major systems of the United States 
                      Space Force for three previous fiscal years;
                          (ii) <<NOTE: Recommenda- tions.>>  existing 
                      and recommended measures to ensure sufficient 
                      transparency and accountability related to the 
                      performance of the Space Systems Acquisition 
                      pathway; and
                          (iii) proposed mechanisms to enable insight 
                      into the funding prioritization process and 
                      significant funding changes, including the 
                      independent cost estimate basis and full funding 
                      considerations for any major defense acquisition 
                      programs, middle tier acquisition programs, 
                      covered software programs, and major systems 
                      procured by the United States Space Force.
                    (B) <<NOTE: Proposals.>> Proposed revised, flexible, 
                and streamlined options for joint requirements 
                validation in order to be more responsive and 
                innovative, while ensuring the ability of

[[Page 134 STAT. 3744]]

                the Joint Chiefs of Staff to ensure top-level system 
                requirements are properly prioritized to address joint-
                warfighting needs.
                    (C) <<NOTE: List.>>  A list of acquisition programs 
                of the United States Space Force for which multiyear 
                contracting authority under sections 2306b or 2306c of 
                title 10, United States Code, is recommended.
                    (D) <<NOTE: List.>>  A list of space systems 
                acquisition programs for which alternative acquisition 
                pathways may be used.
                    (E) <<NOTE: Procedures.>>  Policies or procedures 
                for potential new pathways in the application of the 
                adaptive acquisition framework to a Space Systems 
                Acquisition with specific acquisition key decision 
                points and reporting requirements for development, 
                fielding, and sustainment activities that meet the 
                requirements of the adaptive acquisition framework.
                    (F) <<NOTE: Analysis.>> An analysis of the need for 
                updated determination authority for procurement of 
                useable end items that are not weapon systems.
                    (G) Policies and a governance structure, for both 
                the Office of the Secretary of Defense and each military 
                department, for a separate United States Space Force 
                budget topline, corporate process, and portfolio 
                management process.
                    (H) <<NOTE: Analysis.>>  An analysis of the risks 
                and benefits of the delegation of the authority of the 
                head of contracting activity authority to the Chief of 
                Space Operations in a manner that would not expand the 
                operations of the United States Space Force.
            (2) <<NOTE: Deadline. Analysis. Recommenda- tions.>>  
        Comptroller general review.--Not later than 60 days after the 
        submission of the report required under paragraph (1), the 
        Comptroller General of the United States shall review such 
        report and submit to the congressional defense committees an 
        analysis and recommendations based on such report.

    (e) Definitions.--In this section:
            (1) Covered software program.--The term ``covered software 
        program'' means an acquisition program or project that is 
        carried out using the software acquisition pathway established 
        under section 800 of the National Defense Authorization Act for 
        Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1478; 10 U.S.C. 
        2223a note).
            (2) Major defense acquisition program.--The term ``major 
        defense acquisition program'' has the meaning given in section 
        2430 of title 10, United States Code.
            (3) Major system.--The term ``major system'' has the meaning 
        given in section 2302 of title 10, United States Code.
            (4) Middle tier acquisition program.--The term ``middle tier 
        acquisition program'' means an acquisition program or project 
        that is carried out using the rapid fielding or rapid 
        prototyping acquisition pathway under section 804 of the 
        National Defense Authorization Act for Fiscal Year 2016 (Public 
        Law 114-92; 10 U.S.C. 2302 note).
            (5) Milestone decision authority.--The term ``milestone 
        decision authority'' has the meaning given in section 2431a of 
        title 10, United States Code.
            (6) Program executive officer; program manager.--The terms 
        ``program executive officer'' and ``program manager'' have

[[Page 134 STAT. 3745]]

        the meanings given those terms, respectively, in section 1737 of 
        title 10, United States Code.
SEC. 808. <<NOTE: 10 USC 4001 note.>>  ACQUISITION AUTHORITY OF 
                        THE DIRECTOR OF THE JOINT ARTIFICIAL 
                        INTELLIGENCE CENTER.

    (a) Authority.--The Secretary of Defense shall delegate to the 
Director of the Joint Artificial Intelligence Center the acquisition 
authority to exercise the functions of a head of an agency (as defined 
in section 2302 of title 10, United States Code) with respect to 
appropriate acquisition activities of the Center.
    (b) JAIC Acquisition Executive.--
            (1) In general.--The staff of the Director shall include an 
        acquisition executive who shall be responsible for the 
        supervision of appropriate acquisition activities under 
        subsection (a). Subject to the authority, direction, and control 
        of the Director of the Center, the acquisition executive shall 
        have the authority--
                    (A) <<NOTE: Memorandum.>>  to negotiate memoranda of 
                agreement with any element of the Department of Defense 
                to carry out the acquisition of technologies, services, 
                and capabilities developed or identified by the Center;
                    (B) to supervise the acquisition of technologies, 
                services, and capabilities to support the mission of the 
                Center;
                    (C) to represent the Center in discussions with the 
                Secretaries concerned regarding acquisition programs 
                relating to such appropriate acquisition activities for 
                which the Center is involved; and
                    (D) to work with the Secretaries concerned to ensure 
                that the Center is appropriately represented in any 
                joint working group or integrated product team regarding 
                acquisition programs relating to such appropriate 
                activities for which the Center is involved.
            (2) Delivery of acquisition solutions.--The acquisition 
        executive of the Center shall be--
                    (A) responsible to the Director for rapidly 
                delivering capabilities to meet validated requirements;
                    (B) subordinate to the Under Secretary of Defense 
                for Acquisition and Sustainment in matters of 
                acquisition; and
                    (C) included on the distribution list for 
                acquisition directives and instructions of the 
                Department of Defense.

    (c) Acquisition Personnel.--
            (1) In general.--The Secretary of Defense shall provide the 
        Center with at least 10 full-time employees to support the 
        Director in carrying out the requirements of this section, 
        including personnel with experience in--
                    (A) acquisition practices and processes;
                    (B) the Joint Capabilities Integration and 
                Development System process;
                    (C) program management;
                    (D) software development and systems engineering; 
                and
                    (E) cost analysis.
            (2) Existing personnel.--The personnel provided under this 
        subsection shall be provided from among the existing personnel 
        of the Department of Defense.

[[Page 134 STAT. 3746]]

    (d) Funding.--In exercising the acquisition authority granted in 
subsection (a), the Director may not obligate or expend more than 
$75,000,000 out of the funds made available in each of fiscal years 
2021, 2022, 2023, 2024, and 2025 to enter into new contracts to support 
appropriate acquisition activities carried out under this section.
    (e) Implementation Plan and Demonstration Required.--
            (1) In general.--The Secretary of Defense--
                    (A) <<NOTE: Time period.>>  may use the acquisition 
                authority granted under subsection (a) on or after 30 
                days after the date on which the Secretary provides to 
                the congressional defense committees a plan for 
                implementation of such authority; and
                    (B) <<NOTE: Deadline.>>  by March 15, 2022, shall 
                provide a demonstration of operational capability 
                delivered under such authority.
            (2) Implementation plan.--The plan shall include the 
        following:
                    (A) Description of the types of activities to be 
                undertaken using the acquisition authority provided 
                under subsection (a).
                    (B) Plan for the negotiation and approval of any 
                such memorandum of agreement with an element of the 
                Department of Defense to support Center missions and 
                transition of artificial intelligence capabilities into 
                appropriate acquisition programs or into operational 
                use.
                    (C) Plan for oversight of the position of 
                acquisition executive established in subsection (b).
                    (D) <<NOTE: Assessment.>>  Assessment of the 
                acquisition workforce, tools, and infrastructure needs 
                of the Center to support the authority under subsection 
                (a) until September 30, 2025.
                    (E) Other matters as appropriate.
            (3) Demonstration.--The capability demonstration shall 
        include a description of how the acquisition authority enabled 
        the capability, how requirements were established and agreed 
        upon, how testing was conducted, and how the capability was 
        transitioned to the user, as well as any other matters deemed 
        appropriate by the Center.
            (4) Relationship to other authorities.--The requirement to 
        submit a plan under this subsection is in addition to the 
        requirements under section 260 of the National Defense 
        Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 
        Stat. 1293).

    (f) Sunset.--Effective October 1, 2025, the Director may not 
exercise the authority under subsection (a) and may not enter into any 
new contracts under this section. The performance on any contract 
entered into before such date may continue according to the terms of 
such contract.
    (g) Definitions.--In this section:
            (1) Center.--The term ``Center'' has the meaning given the 
        term ``Joint Artificial Intelligence Center'' in section 260(c) 
        of National Defense Authorization Act for Fiscal Year 2020 
        (Public Law 116-92; 133 Stat. 1294).
            (3) Director.--The term ``Director'' means the Director of 
        the Center.
            (4) Element.--The term ``element'' means an element 
        described under section 111(b) of title 10, United States Code.

[[Page 134 STAT. 3747]]

            (5) Secretary concerned.--The term ``Secretary concerned'' 
        has the meaning given in section 101(9) of title 10, United 
        States Code.
SEC. 809. ASSESSMENTS OF THE PROCESS FOR DEVELOPING CAPABILITY 
                        REQUIREMENTS FOR DEPARTMENT OF DEFENSE 
                        ACQUISITION PROGRAMS.

    (a) In General.--The Secretary of Defense and the individual 
appointed under section 2361a(c) of title 10, United States Code, (in 
this section referred to as the ``Director'') shall each--
            (1) conduct an assessment of the processes for developing 
        and approving capability requirements for the acquisition 
        programs of the Department of Defense and each military 
        department; and
            (2) <<NOTE: Recommenda- tions.>>  develop recommendations 
        for reforming such process to improve the agility and timeliness 
        of such process.

    (b) Assessment Elements.--Each assessment conducted under subsection 
(a) shall include the following:
            (1) An assessment of the--
                    (A) adherence of the capability requirements 
                development and approval processes to statute, 
                regulations, policies, and directives;
                    (B) alignment and standardization of the capability 
                requirements development, acquisition, and budget 
                processes;
                    (C) technical feasibility of each approved 
                capability requirement;
                    (D) training and development of the workforce in 
                capability requirements development and evaluation;
                    (E) ability of the process for developing capability 
                requirements to address the urgent needs of the 
                Department of Defense;
                    (F) capacity to review changes in capability 
                requirements for programs of record;
                    (G) validation of decisions made to approve 
                capability requirements and the alignment of each such 
                decision to the national defense strategy required under 
                section 113(g) of title 10, United States Code;
                    (H) extent to which portfolio management techniques 
                are used in the process for developing capability 
                requirements to coordinate decisions and avoid 
                duplication of capabilities across acquisition programs; 
                and
                    (I) implementation by each military department of 
                Comptroller General of the United States recommendations 
                pertaining to the process for developing and approving 
                capability requirements.
            (2) <<NOTE: Analysis.>>  A comprehensive analysis of the 
        circumstances and factors contributing to the length of time 
        between the start of a Capabilities-Based Assessment and the 
        date the Joint Requirements Oversight Council approves the 
        related Capability Development Document.
            (3) Identification and comparison of best practices in the 
        private sector and the public sector for the development and 
        approval of capability requirements.
            (4) Any additional matters that the Secretary or Director 
        determine appropriate.

    (c) Reports.--

[[Page 134 STAT. 3748]]

            (1) Assessment by secretary.--Not later than October 1, 
        2021, the Secretary of Defense shall submit to the congressional 
        defense committees a report on the assessment conducted by the 
        Secretary under subsection (a), including--
                    (A) a description of such assessment;
                    (B) <<NOTE: Analysis.>>  the results of such 
                assessment, including the analysis described in 
                subsection (b)(2);
                    (C) <<NOTE: Plan.>>  a plan to reduce, when 
                appropriate, the length of time between the start of a 
                Capabilities-Based Assessment and the date the Joint 
                Requirements Oversight Council approves the related 
                Capability Development Document; and
                    (D) <<NOTE: Recommenda- tions.>>  any additional 
                recommendations for legislation, regulations, or 
                policies that the Secretary determines appropriate.
            (2) Assessment by director.--
                    (A) Report to secretary.--Not later than November 
                30, 2021, the Director shall submit to the Secretary of 
                Defense a report on the assessment conducted by the 
                Director pursuant to subsection (a).
                    (B) <<NOTE: Recommenda- tions.>>  Report to 
                congress.--Not later than January 1, 2022, the Secretary 
                of Defense shall submit to the congressional defense 
                committees the report described in subparagraph (A) 
                together with such comments as the Secretary determines 
                appropriate, including--
                          (i) a description and the results of the 
                      assessment conducted pursuant to subsection 
                      (a)(2);
                          (ii) recommendations on how the Department of 
                      Defense can improve the efficiency of developing 
                      and approving capability requirements; and
                          (iii) any additional recommendations for 
                      legislation, regulations, or policies that the 
                      Secretary determines appropriate.

 Subtitle B--Amendments to General Contracting Authorities, Procedures, 
                             and Limitations

SEC. 811. SUSTAINMENT REFORM FOR THE DEPARTMENT OF DEFENSE.

    (a) Sustainment Activities in the National Defense Strategy.--
            (1) In general.--Section 113(g)(1)(B) of title 10, United 
        States Code, as amended by section 551 of this Act, is further 
        amended by adding at the end the following new clauses:
            ``(viii) A strategic framework prescribed by the Secretary 
        that guides how the Department will prioritize and integrate 
        activities relating to sustainment of major defense acquisition 
        programs, core logistics capabilities (as described under 
        section 2464 of this title), commercial logistics capabilities, 
        and the national technology and industrial base (as defined in 
        section 2500 of this title).
            ``(ix) <<NOTE: Time period.>>  A strategic framework 
        prescribed by the Secretary that guides how the Department will 
        specifically address contested logistics, including major 
        investments for related infrastructure, logistics-related 
        authorities, force posture, related

[[Page 134 STAT. 3749]]

        emergent technology and advanced computing capabilities, 
        operational resilience, and operational energy, over the 
        following five-year period to support such strategy.''.
            (2) Duties of the under secretary of defense for acquisition 
        and sustainment.--Section 133b(b) of title 10, United States 
        Code, is amended--
                    (A) in paragraph (7), by striking ``and'' at the 
                end;
                    (B) in paragraph (8), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(9) advising the Secretary on all aspects of acquisition 
        and sustainment relating to--
                    ``(A) defense acquisition programs;
                    ``(B) core logistics capabilities (as described 
                under section 2464 of this title); and
                    ``(C) the national technology and industrial base 
                (as defined in section 2500 of this title).''.
            (3) <<NOTE: Deadline. Publication. 10 USC 113 note.>>  
        Interim guidance.--Not later than October 1, 2021, the Secretary 
        of Defense shall publish interim guidance to carry out the 
        requirements of this subsection.

    (b) Report.--Not later than February 1, 2021, the Secretary of 
Defense shall submit to the congressional defense committees a report on 
the progress towards publishing the interim guidance required under 
subsection (a)(3).
SEC. 812. INCLUSION OF SOFTWARE IN GOVERNMENT PERFORMANCE OF 
                        ACQUISITION FUNCTIONS.

    Section 1706 of title 10, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in the matter preceding paragraph (1), by 
                striking ``and each major automated information system 
                program'' and inserting ``(as defined in section 2430 of 
                this title), each acquisition program that is estimated 
                by the Secretary of Defense to require an eventual total 
                expenditure greater than the amount described in section 
                2430(a)(1)(B) of this title, and any other acquisition 
                program identified by the Secretary''; and
                    (B) by adding at the end the following new 
                paragraph:
            ``(14) Program lead software.''; and
            (2) by striking subsection (c).
SEC. 813. MODIFICATIONS TO COMPTROLLER GENERAL ASSESSMENT OF 
                        ACQUISITION PROGRAMS AND RELATED 
                        INITIATIVES.

    Section 2229b(b)(2) of title 10, United States Code, is amended by 
striking ``a summary of'' and all that follows through ``discussion of 
the'' and inserting ``a discussion of selected organizational, policy, 
and legislative changes, as determined appropriate by the Comptroller 
General, and the potential''.
SEC. 814. COST OR PRICING DATA REPORTING REQUIREMENTS FOR 
                        DEPARTMENT OF DEFENSE CONTRACTS.

    (a) Cost or Pricing Data.--
            (1) In general.--Section 2306a(a)(1) of title 10, United 
        States Code, is amended--
                    (A) in subparagraph (B), by striking ``contract if'' 
                and all that follows through the period at the end and 
                inserting ``contract if the price adjustment is expected 
                to exceed $2,000,000.'';

[[Page 134 STAT. 3750]]

                    (B) in subparagraph (C), by striking ``section and'' 
                and all that follows through the period at the end and 
                inserting ``section and the price of the subcontract is 
                expected to exceed $2,000,000.''; and
                    (C) in subparagraph (D), by striking ``subcontract 
                if'' and all that follows through the period at the end 
                and inserting ``subcontract if the price adjustment is 
                expected to exceed $2,000,000.''.
            (2) <<NOTE: Effective date. 10 USC 2306a note.>>  
        Applicability.--The amendments made by this subsection shall 
        apply to any contract, or modification or change to a contract, 
        entered into on or after the date of the enactment of this Act.

    (b) Report.--
            (1) <<NOTE: Consultation.>>  In general.--Not later than 
        July 1, 2022, the Secretary of Defense, in consultation with the 
        Secretaries of the military departments, shall provide to the 
        congressional defense committees a report analyzing the impact, 
        including any benefits to the Federal Government, of the 
        amendments made by this section.
            (2) <<NOTE: Analyses.>>  Elements.--The report required 
        under paragraph (1) shall include the following elements:
                    (A) Data to illustrate any efficiencies achieved, 
                costs avoided, and acquisition timelines improved.
                    (B) Analysis of associated costs to the Federal 
                Government, if any.
                    (C) Analysis of underlying causes or factors that 
                limited the benefits described in subparagraph (A).
                    (D) Other matters the Secretary deems appropriate.
            (3) <<NOTE: Classified information.>>  Form.--The report 
        required under paragraph (1) shall be in an unclassified form 
        but may contain a classified annex.
SEC. 815. PROMPT PAYMENT OF CONTRACTORS.

    Section 2307(a)(2) of title 10, United States Code, is amended--
            (1) in subparagraph (A), by striking ``if a specific payment 
        date is not established by contract''; and
            (2) in subparagraph (B), by striking ``if--'' and all that 
        follows through ``the prime contractor agrees'' and inserting 
        ``if the prime contractor agrees or proposes''.
SEC. 816. DOCUMENTATION PERTAINING TO COMMERCIAL ITEM 
                        DETERMINATIONS.

    Section 2380 of title 10, United States Code, is amended--
            (1) by redesignating subsection (b) as subsection (c); and
            (2) by inserting after subsection (a) the following new 
        subsection:

    ``(b) Determinations Regarding the Commercial Nature of Products or 
Services.--
            ``(1) In general.--In making a determination whether a 
        particular product or service offered by a contractor meets the 
        definition of a commercial product or commercial service, a 
        contracting officer of the Department of Defense may--
                    ``(A) request support from the Director of the 
                Defense Contract Management Agency, the Director of the 
                Defense Contract Audit Agency, or other appropriate 
                experts in the Department to make a determination 
                whether a product or service is a commercial product or 
                commercial service; and

[[Page 134 STAT. 3751]]

                    ``(B) consider the views of appropriate public and 
                private sector entities.
            ``(2) <<NOTE: Deadline.>>  Memorandum.--Within 30 days after 
        a contract award, the contracting officer shall, consistent with 
        the policies and regulations of the Department, submit a written 
        memorandum summarizing the determination referred to in 
        paragraph (1), including a detailed justification for such 
        determination.''.
SEC. 817. MODIFICATION TO SMALL PURCHASE THRESHOLD EXCEPTION TO 
                        SOURCING REQUIREMENTS FOR CERTAIN 
                        ARTICLES.

    Subsection (h) of section 2533a of title 10, United States Code, is 
amended to read as follows:
    ``(h) Exception for Small Purchases.--(1) Subsection (a) does not 
apply to purchases for amounts not greater than $150,000. A proposed 
procurement of an item in an amount greater than $150,000 may not be 
divided into several purchases or contracts for lesser amounts in order 
to qualify for this exception.
    ``(2) On October 1 of each year that is evenly divisible by five, 
the Secretary of Defense may adjust the dollar threshold in this 
subsection based on changes in the Consumer Price Index. Any such 
adjustment shall take effect on the date on which the Secretary 
publishes notice of such adjustment in the Federal Register.''.
SEC. 818. REPEAL OF PROGRAM FOR QUALIFIED APPRENTICES FOR MILITARY 
                        CONSTRUCTION CONTRACTS.

    (a) In General.--Section 2870 of title 10, United States Code, is 
repealed.
    (b) Conforming Amendments.--
            (1) Clerical amendment.--The table of sections at the 
        beginning of subchapter III of chapter 169 of title 10, United 
        States Code, <<NOTE: 10 USC 2851 prec.>>  is amended by striking 
        the item relating to section 2870.
            (2) Repeal.--Section 865 of the National Defense 
        Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 
        Stat. 1523) <<NOTE: 10 USC 2870 note.>>  is repealed.
SEC. 819. MODIFICATIONS TO MITIGATING RISKS RELATED TO FOREIGN 
                        OWNERSHIP, CONTROL, OR INFLUENCE OF 
                        DEPARTMENT OF DEFENSE CONTRACTORS AND 
                        SUBCONTRACTORS.

    (a) Assessment of FOCI.--Subparagraph (A) of section 847(b)(2) of 
the National Defense Authorization Act for Fiscal Year 2020 (Public Law 
116-92; 133 Stat. 1505; 10 U.S.C. 2509 note) is amended by adding at the 
end the following new clause:
                    ``(v) A requirement for the Secretary to require 
                reports and conduct examinations on a periodic basis of 
                covered contractors or subcontractors in order to assess 
                compliance with the requirements of this section.''.

    (b) Contract Requirements, Administration, and Oversight Relating to 
Foci.--Subparagraph (C) of such section is amended--
            (1) by redesignating clause (iv) as clause (v); and
            (2) by inserting after clause (iii) the following new 
        clause:
                          ``(iv) Procedures for appropriately responding 
                      to changes in covered contractor or subcontractor 
                      beneficial ownership status based on changes in 
                      disclosures of their beneficial ownership and 
                      whether they are

[[Page 134 STAT. 3752]]

                      under FOCI and the reports and examinations 
                      required by subparagraph (A)(v).''.

    (c) <<NOTE: Deadlines. 10 USC 2509 note.>>  Timelines and Milestones 
for Implementation.--
            (1) Implementation plan.--Not later than March 1, 2021, the 
        Secretary of Defense shall provide to the congressional defense 
        committees a plan and schedule for implementation of the 
        requirements of section 847 of the National Defense 
        Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 
        Stat. 1505; 10 U.S.C. 2509 note), as amended by this section, 
        including--
                    (A) <<NOTE: Regulations.>>  a timeline for issuance 
                of regulations, development of training for appropriate 
                officials, and development of systems for reporting of 
                beneficial ownership and FOCI by covered contractors or 
                subcontractors;
                    (B) the designation of officials and organizations 
                responsible for such implementation; and
                    (C) interim milestones to be met in implementing the 
                plan and schedule.
            (2) Revision of regulations, directives, guidance, training, 
        and policies.--Not later than July 1, 2021, the Secretary of 
        Defense shall revise relevant directives, guidance, training, 
        and policies, including revising the Department of Defense 
        Supplement to the Federal Acquisition Regulation, to fully 
        implement the requirements of such section 847.
            (3) Definitions.--In this subsection, the term ``beneficial 
        ownership'', ``FOCI'', and ``covered contractors or 
        subcontractors'' have the meanings given, respectively, in 
        section 847 of the National Defense Authorization Act for Fiscal 
        Year 2020 (Public Law 116-92; 133 Stat. 1505; 10 U.S.C. 2509 
        note).

    (d) Technical Amendments.--Section 847 of the National Defense 
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 
1505; 10 U.S.C. 2509 note), as amended by this section, is further 
amended--
            (1) in subsection (b)--
                    (A) in paragraph (1), by striking ``contractors and 
                subcontractors'' and inserting ``covered contractors or 
                subcontractors''; and
                    (B) in paragraph (2)--
                          (i) by striking ``covered contractors and 
                      subcontractors'' each place it appears and 
                      inserting ``covered contractors or 
                      subcontractors'';
                          (ii) in subparagraph (B)(iii), by striking ``a 
                      contractor or subcontractor'' and inserting ``such 
                      a covered contractor or subcontractor''; and
                          (iii) in subparagraph (C)(ii), by striking 
                      ``section 831(c)'' and inserting ``section 2509(c) 
                      of title 10, United States Code''; and
            (2) in subsection (c), by striking ``subsection (b)(2)(A) 
        and (b)(2)(C)'' and inserting ``subsections (b)(2)(A) and 
        (b)(2)(C)''.
SEC. 820. CONTRACT CLOSEOUT AUTHORITY FOR SERVICES CONTRACTS.

    Section 836(b) of the National Defense Authorization Act for Fiscal 
Year 2017 (10 U.S.C. 2302 note) is amended--
            (1) <<NOTE: Time periods.>>  by amending paragraph (1) to 
        read as follows:
            ``(1) was entered into--

[[Page 134 STAT. 3753]]

                    ``(A) with respect to a contract or group of 
                contracts not described in subparagraph (B), at least 7 
                fiscal years before the current fiscal year; and
                    ``(B) with respect to a contract or group of 
                contracts for military construction (as defined in 
                section 2801 of title 10, United States Code) or 
                shipbuilding, at least 10 fiscal years before the 
                current fiscal year;''; and
            (2) by amending paragraph (2) to read as follows:
            ``(2) the performance or delivery has been completed at 
        least 4 years before the current fiscal year; and''.
SEC. 821. REVISION OF PROOF REQUIRED WHEN USING AN EVALUATION 
                        FACTOR FOR EMPLOYING OR SUBCONTRACTING 
                        WITH MEMBERS OF THE SELECTED RESERVE.

    Section 819 of the National Defense Authorization Act for Fiscal 
Year 2006 (Public Law 109-163; 119 Stat. 3385; 10 U.S.C. 2305 note) is 
amended--
            (1) by striking subsection (b); and
            (2) by redesignating subsection (c) as subsection (b).

       Subtitle C--Provisions Relating to Software and Technology

SEC. 831. CONTRACT AUTHORITY FOR DEVELOPMENT AND DEMONSTRATION OF 
                        INITIAL OR ADDITIONAL PROTOTYPE UNITS.

    (a) In General.--Section 2302e of title 10, United States Code, is 
amended--
            (1) in the heading, by striking ``advanced development'' and 
        inserting ``development and demonstration'';
            (2) in subsection (a)(1), by striking ``provision of 
        advanced component development, prototype,'' and inserting 
        ``development and demonstration''; and
            (3) by adding at the end the following new subsection:

    ``(c) Procedures.--The Secretary of Defense shall establish 
procedures to collect and analyze information on the use and benefits of 
the authority under this section and related impacts on performance, 
affordability, and capability delivery.''.
    (b) Clerical Amendment.--The table of sections at the beginning of 
chapter 137 of title 10, United States Code, <<NOTE: 10 USC 2301 
prec.>>  is amended by striking the item relating to section 2302e and 
inserting the following new item:

``2302e. Contract authority for development and demonstration of initial 
           or additional prototype units.''.

SEC. 832. EXTENSION OF PILOT PROGRAM FOR STREAMLINED AWARDS FOR 
                        INNOVATIVE TECHNOLOGY PROGRAMS.

    Section 873(f) of the National Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114-92; 10 U.S.C. 2306a note) is amended by 
striking ``October 1, 2020'' and inserting ``October 1, 2022''.
SEC. 833. <<NOTE: 10 USC 4002 note.>>  LISTING OF OTHER 
                        TRANSACTION AUTHORITY CONSORTIA.

     <<NOTE: Deadline.>> Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall maintain on the 
single Government-wide point of entry described under section 1708 of

[[Page 134 STAT. 3754]]

title 41, United States Code, a list of the consortia used by the 
Secretary to announce or otherwise make available opportunities to enter 
into a transaction under the authority of section 2371 of title 10, 
United States Code, or a transaction for a prototype project under 
section 2371b of such title.
SEC. 834. <<NOTE: 10 USC 4571 note.>>  PILOT PROGRAM ON THE USE OF 
                        CONSUMPTION-BASED SOLUTIONS TO ADDRESS 
                        SOFTWARE-INTENSIVE WARFIGHTING CAPABILITY.

    (a) In General.--Subject to the availability of appropriations, the 
Secretary of Defense is authorized to establish a pilot program to 
explore the use of consumption-based solutions to address software-
intensive warfighting capability.
    (b) <<NOTE: Proposal.>>  Selection of Initiatives.--Each Secretary 
of a military department and each commander of a combatant command with 
acquisition authority shall propose for selection by the Secretary of 
Defense for the pilot program at least one and not more than three 
initiatives that are well-suited to explore consumption-based solutions, 
to include addressing software-intensive warfighting capability. The 
initiatives may be new or existing programs of record, and may include 
applications that--
            (1) rapidly analyze sensor data;
            (2) secure warfighter networks, including multilevel 
        security;
            (3) swiftly transport information across various networks 
        and network modalities;
            (4) enable joint all-domain operational concepts, including 
        in a contested environment; or
            (5) advance military capabilities and effectiveness.

    (c) <<NOTE: Contracts.>>  Requirements.--A contract or other 
agreement for consumption-based solutions entered into under the pilot 
program shall require--
            (1) the effectiveness of the solution to be measurable at 
        regular intervals customary for the type of solution provided 
        under contract or other agreement; and
            (2) <<NOTE: Notification.>>  that the awardee notify the 
        Secretary of Defense when consumption under the contract or 
        other agreement reaches 75 percent and 90 percent of the funded 
        amount, respectively, of the contract or other agreement.

    (d) Exemption.--A modification to a contract or other agreement 
entered into under this section to add new features or capabilities in 
an amount less than or equal to 25 percent of the total value of such 
contract or other agreement shall be exempt from the requirements of 
full and open competition (as defined in section 2302 of title 10, 
United States Code).
    (e) Duration.--The duration of a contract or other agreement entered 
into under this section may not exceed three years.
    (f) <<NOTE: Data. Costs.>>  Monitoring and Evaluation of Pilot 
Program.--The Director of Cost Assessment and Program Evaluation shall 
continuously monitor and evaluate the pilot program, including by 
collecting data on cost, schedule, and performance from the program 
office, the user community, and the awardees involved in the program.

    (g) Reports.--
            (1) Initial report.--Not later than May 15, 2021, the 
        Secretary of Defense shall submit to the congressional defense 
        committees a report on initiatives selected for the pilot 
        program,

[[Page 134 STAT. 3755]]

        roles, and responsibilities for implementing the program, and 
        the monitoring and evaluation approach that will be used for the 
        program.
            (2) Progress report.--Not later than October 15, 2021, the 
        Secretary of Defense shall submit to the congressional defense 
        committees a report on the progress of the initiatives selected 
        for the pilot program.
            (3) <<NOTE: Costs.>>  Final report.--Not later than 3 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 cost, schedule, and performance outcomes of the 
        initiatives carried out under the pilot 
        program. <<NOTE: Recommenda- tions.>>  The report shall also 
        include lessons learned about the use of consumption-based 
        solutions for software-intensive capabilities and any 
        recommendations for statutory or regulatory changes to 
        facilitate the use of such solutions.

    (h) Consumption-based Solution Defined.--In this section, the term 
``consumption-based solution'' means any combination of software, 
hardware or equipment, and labor or services that provides a seamless 
capability that is metered and billed based on actual usage and 
predetermined pricing per resource unit, and includes the ability to 
rapidly scale capacity up or down.
SEC. 835. <<NOTE: 10 USC 4571 note.>>  BALANCING SECURITY AND 
                        INNOVATION IN SOFTWARE DEVELOPMENT AND 
                        ACQUISITION.

    (a) <<NOTE: Coordination.>>  Requirements for Solicitations of 
Commercial and Developmental Solutions.--The Under Secretary of Defense 
for Acquisition and Sustainment, in coordination with the Chief 
Information Officer of the Department of Defense, shall develop 
requirements for appropriate software security criteria to be included 
in solicitations for commercial and developmental solutions and the 
evaluation of bids submitted in response to such solicitations, 
including a delineation of what processes were or will be used for a 
secure software development life cycle. Such requirements shall 
include--
            (1) establishment and enforcement of secure coding 
        practices;
            (2) management of supply chain risks and third-party 
        software sources and component risks;
            (3) security of the software development environment;
            (4) secure deployment, configuration, and installation 
        processes; and
            (5) <<NOTE: Plan.>>  an associated vulnerability management 
        plan and identification of tools that will be applied to achieve 
        an appropriate level of security.

    (b) <<NOTE: Coordination. Procedures.>>  Security Review of Code.--
The Under Secretary of Defense for Acquisition and Sustainment, in 
coordination with the Chief Information Officer of the Department of 
Defense, shall develop--
            (1) procedures for the security review of code; and
            (2) other procedures necessary to fully implement the pilot 
        program required under section 875 of the National Defense 
        Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 
        U.S.C. 2223 note).

    (c) Coordination With Cybersecurity Acquisition Policy Efforts.--The 
Under Secretary of Defense for Acquisition and Sustainment shall develop 
the requirements and procedures

[[Page 134 STAT. 3756]]

described under subsections (a) and (b) in coordination with the efforts 
of the Department of Defense to develop new cybersecurity and program 
protection policies and guidance that are focused on cybersecurity in 
the context of acquisition and program management and on safeguarding 
information.
SEC. 836. <<NOTE: 10 USC 3101 note.>>  DIGITAL MODERNIZATION OF 
                        ANALYTICAL AND DECISION-SUPPORT PROCESSES 
                        FOR MANAGING AND OVERSEEING DEPARTMENT OF 
                        DEFENSE ACQUISITION PROGRAMS.

    (a) Digital Data Management and Analytics Capabilities.--
            (1) In general.--The Secretary of Defense shall iteratively 
        develop and integrate advanced digital data management and 
        analytics capabilities, consistent with private sector best 
        practices, that--
                    (A) integrate all aspects of the defense acquisition 
                system, including the development of capability 
                requirements, research, design, development, testing, 
                evaluation, acquisition, management, operations, and 
                sustainment of systems;
                    (B) facilitate the management and analysis of all 
                relevant data generated during the development of 
                capability requirements, research, design, development, 
                testing, evaluation, acquisition, operations, and 
                sustainment of systems;
                    (C) enable the use of such data to inform further 
                development, acquisition, management and oversight of 
                such systems, including portfolio management; and
                    (D) include software capabilities to collect, 
                transport, organize, manage, make available, and analyze 
                relevant data throughout the life cycle of defense 
                acquisition programs, including any data needed to 
                support individual and portfolio management of 
                acquisition programs.
            (2) Requirements.--The capabilities developed under 
        paragraph (1) shall--
                    (A) be accessible to, and useable by, individuals 
                throughout the Department of Defense who have 
                responsibilities relating to activities described in 
                clauses (A) through (C) of paragraph (1);
                    (B) enable the development, use, curation, and 
                maintenance of original form and real-time digital 
                systems by--
                          (i) ensuring shared access to data within the 
                      Department;
                          (ii) supplying data to digital engineering 
                      models for use in the defense acquisition, 
                      sustainment, and portfolio management processes; 
                      and
                          (iii) supplying data to testing infrastructure 
                      and software to support automated approaches for 
                      testing, evaluation, and deployment throughout the 
                      defense acquisition, sustainment, and portfolio 
                      management processes; and
                    (C) feature--
                          (i) improved data management and sharing 
                      processes;
                          (ii) timely, high-quality, transparent, and 
                      actionable analyses; and
                          (iii) analytical models and simulations.

[[Page 134 STAT. 3757]]

            (3) Enabling data infrastructure, tools, and processes.--In 
        developing the capability required under paragraph (1), the 
        Secretary of Defense shall--
                    (A) move supporting processes and the data 
                associated with such processes from analog to digital 
                format, including planning and reporting processes;
                    (B) make new and legacy data more accessible to, and 
                usable by, appropriate employees and contractors (at any 
                tier) of the Department of Defense and members of the 
                Armed Forces, including through migration of program and 
                other documentation into digital formats;
                    (C) modernize the query, collection, storage, 
                retrieval, reporting, and analysis capabilities for 
                stakeholders within the Department, including research 
                entities, Program Management Offices, analytic 
                organizations, oversight staff, and decision makers;
                    (D) automate data collection and storage to minimize 
                or eliminate manual data entry or manual reporting;
                    (E) enable employees and other appropriate users to 
                access data from all relevant data sources, including 
                through--
                          (i) streamlining data access privileges;
                          (ii) sharing of appropriate data between and 
                      among Federal Government and contractor 
                      information systems; and
                          (iii) enabling timely and continuous data 
                      collection and sharing from all appropriate 
                      personnel, including contractors;
                    (F) modernize existing enterprise information 
                systems to enable interoperability consistent with 
                technical best practices; and
                    (G) provide capabilities and platforms to enable 
                continuous development and integration of software using 
                public and private sector best practices.

    (b) Portfolio Management.--The Secretary of Defense shall establish 
capabilities for robust, effective, and data-driven portfolio management 
described in subsection (a)(1)(C), using the capability established in 
this section, to improve the Department of Defense-wide assessment, 
management, and optimization of the investments in weapon systems of the 
Department, including through consolidation of duplicate or similar 
weapon system programs.
    (c) Demonstration Activities.--
            (1) In general.--The Secretary of Defense shall carry out 
        activities to demonstrate the capability required under 
        subsection (a).
            (2) <<NOTE: Deadline.>>  Activity selection.--Not later than 
        July 15, 2021, the Secretary of Defense shall select decision 
        support processes and individual acquisition programs to 
        participate in the demonstration activities under paragraph (1), 
        including--
                    (A) decision support processes, including--
                          (i) portfolio management as described in 
                      subsection (b);
                          (ii) one or more acquisition data management 
                      test cases; and
                          (iii) one or more development and test 
                      modeling and simulation test cases to demonstrate 
                      the ability to collect data from tests and 
                      operations in the field,

[[Page 134 STAT. 3758]]

                      and feed the data back into models and simulations 
                      for better software development and testing;
                    (B) individual acquisition programs representing--
                          (i) one or more defense business systems;
                          (ii) one or more command and control systems;
                          (iii) one or more middle tier of acquisition 
                      programs;
                          (iv) programs featuring a cost-plus contract 
                      type, and a fixed-price contract type, and a 
                      transaction authorized under section 2371 or 2371b 
                      of title 10, United States Code; and
                          (v) at least one program in each military 
                      department.
            (3) Execution of demonstration activities.--As part of the 
        demonstration activities under paragraph (1), the Secretary 
        shall--
                    (A) <<NOTE: Analysis. Assessments.>>  conduct a 
                comparative analysis that assesses the risks and 
                benefits of the digital management and analytics 
                capability used in each of the programs participating in 
                the demonstration activities relative to the traditional 
                data collection, reporting, exposing, and analysis 
                approaches of the Department;
                    (B) ensure that the intellectual property strategy 
                for each of the programs participating in the 
                demonstration activities is best aligned to meet the 
                goals of the program; and
                    (C) <<NOTE: Plan.>>  develop a workforce and 
                infrastructure plan to support any new policies and 
                guidance implemented in connection with the 
                demonstration activities, including any policies and 
                guidance implemented after the completion of such 
                activities.

    (d) <<NOTE: Deadline.>>  Policies and Guidance Required.--Not later 
than March 15, 2022, based on the results of the demonstration 
activities carried out under subsection (c), the Secretary of Defense 
shall issue or modify policies and guidance to--
            (1) promote the use of digital data management and analytics 
        capabilities; and
            (2) address roles, responsibilities, and procedures relating 
        to such capabilities.

    (e) Steering Committee.--
            (1) In general.--The Secretary of Defense shall establish a 
        steering committee to assist the Secretary in carrying out 
        subsections (a) through (c).
            (2) Membership.--The steering committee shall be composed of 
        the following members or their designees:
                    (A) The Deputy Secretary of Defense.
                    (B) The Chief Information Officer.
                    (C) The Director of Cost Assessment and Program 
                Evaluation.
                    (D) The Under Secretary of Defense for Research and 
                Engineering.
                    (E) The Under Secretary of Defense for Acquisition 
                and Sustainment.
                    (F) The Director of Operational Test and Evaluation.
                    (G) The Service Acquisition Executives.
                    (H) The Director for Force Structure, Resources, and 
                Assessment of the Joint Staff.

[[Page 134 STAT. 3759]]

                    (I) The Director of the Defense Digital Service.
                    (J) Such other officials of the Department of 
                Defense as the Secretary determines appropriate.

    (f) Independent Assessments.--
            (1) Initial assessment.--
                    (A) <<NOTE: Consultation. Analysis.>>  In general.--
                The Defense Innovation Board, in consultation with the 
                Defense Digital Service, shall conduct an independent 
                assessment and cost-benefits analysis to identify 
                recommended approaches for the implementation of 
                subsections (a) through (c).
                    (B) Elements.--The assessment under subparagraph (A) 
                shall include the following:
                          (i) <<NOTE: Plans.>>  A plan for the 
                      development and implementation of the capabilities 
                      required under subsection (a), including a plan 
                      for any procurement that may be required as part 
                      of such development and implementation.
                          (ii) <<NOTE: Costs.>>  An independent cost 
                      assessment of the total estimated cost of 
                      developing and implementing the capability, as 
                      well as an assessment of any potential cost 
                      savings.
                          (iii) <<NOTE: Estimate.>>  An independent 
                      estimate of the schedule for the development 
                      approach, and order of priorities for 
                      implementation of the capability, including a 
                      reasonable estimate of the dates on which the 
                      capability can be expected to achieve initial 
                      operational capability and full operational 
                      capability, respectively.
                          (iv) <<NOTE: Recommenda- tions.>>  A 
                      recommendation identifying the office or other 
                      organization of the Department of Defense that 
                      would be most appropriate to manage and execute 
                      the capability.
                    (C) <<NOTE: Consultation.>>  Report.--Not later than 
                July 15, 2021, the Defense Innovation Board, in 
                consultation with the Defense Digital Service, shall 
                submit to the Secretary of Defense and the congressional 
                defense committees a report on the findings of the 
                assessment under subparagraph (A), including the 
                findings of the assessment with respect to each element 
                specified in subparagraph (B).
            (2) <<NOTE: Deadlines.>>  Second assessment.--
                    (A) In general.--Not later than March 15, 2023, the 
                Defense Innovation Board and the Defense Science Board 
                shall jointly complete an independent assessment of the 
                progress of the Secretary in implementing subsections 
                (a) through (c). The Secretary of Defense shall ensure 
                that the Defense Innovation Board and the Defense 
                Science Board have access to the resources, data, and 
                information necessary to complete the assessment.
                    (B) Information to congress.--Not later than 30 days 
                after the date on which the assessment under 
                subparagraph (A) is completed, the Defense Innovation 
                Board and the Defense Science Board shall jointly 
                provide to the congressional defense committees--
                          (i) <<NOTE: Reports.>>  a report summarizing 
                      the assessment; and
                          (ii) <<NOTE: Briefing.>>  a briefing on the 
                      findings of the assessment.

    (g) Demonstrations and Briefing.--
            (1) <<NOTE: Deadline.>>  Demonstration of implementation.--
        Not later than October 20, 2021, the Secretary of Defense shall 
        submit to

[[Page 134 STAT. 3760]]

        the congressional defense committees a demonstration and 
        briefing on the progress of the Secretary in implementing 
        subsections (a) through (c). The briefing shall include an 
        explanation of how the results of the demonstration activities 
        carried out under subsection (c) will be incorporated into the 
        policy and guidance required under subsection (d), particularly 
        the policy and guidance of the members of the steering committee 
        established under subsection (e).
            (2) <<NOTE: Deadline.>>  Briefing on legislative 
        recommendations.--Not later than February 1, 2022, the Secretary 
        of Defense shall submit to the Committees on Armed Services of 
        the Senate and of the House of Representatives a briefing that 
        identifies any changes to existing law that may be necessary to 
        facilitate the implementation of subsections (a) through (c).
            (3) Demonstration of portfolio management.--In conjunction 
        with the budget of the President for fiscal year 2023 (as 
        submitted to Congress under section 1105(a) of title 21, United 
        States Code), the Deputy Secretary of Defense shall schedule a 
        demonstration of the portfolio management capability developed 
        under subsection (b) with the congressional defense committees.
SEC. 837. <<NOTE: 10 USC 113 note.>>  SAFEGUARDING DEFENSE-
                        SENSITIVE UNITED STATES INTELLECTUAL 
                        PROPERTY, TECHNOLOGY, AND OTHER DATA AND 
                        INFORMATION.

    (a) <<NOTE: Coordination. Procedures.>>  In General.--The Secretary 
of Defense shall, in coordination with relevant departments and 
agencies--
            (1) identify policies and procedures protecting defense-
        sensitive United States intellectual property, technology, and 
        other data and information, including hardware and software, 
        from acquisition by the government of China; and
            (2) to the extent that the Secretary determines that such 
        policies and procedures are insufficient to provide such 
        protection, develop additional policies and procedures.

    (b) Matters Considered.--In developing the policies and procedures 
under subsection (a), the Secretary shall take the following actions:
            (1) <<NOTE: List.>>  Establish and maintain a list of 
        critical national security technology that may require certain 
        restrictions on current or former employees, contractors, or 
        subcontractors (at any tier) of the Department of Defense that 
        contribute to such technology.
            (2) <<NOTE: Review.>>  Review the existing authorities under 
        which employees of the Department of Defense may be subject to 
        post-employment restrictions with foreign governments and with 
        organizations subject to foreign ownership, control, or 
        influence.
            (3) Identify additional measures that may be necessary to 
        enhance the authorities described in paragraph (2).

    (c) <<NOTE: China. Determination.>>  Post-employment Matters.--The 
Secretary shall consider mechanisms to restrict current or former 
employees of contractors or subcontractors (at any tier) of the 
Department of Defense that contribute significantly and materially to a 
technology referred to in subsection (b)(1) from working directly for 
companies wholly owned by the government of China, or for companies that 
have been determined by a cognizant Federal agency to be under the 
ownership, control, or influence of the government of China.

[[Page 134 STAT. 3761]]

SEC. 838. COMPTROLLER GENERAL REPORT ON IMPLEMENTATION OF SOFTWARE 
                        ACQUISITION REFORMS.

    (a) <<NOTE: Deadline. Briefing.>>  Report Required.--Not later than 
March 15, 2021, the Comptroller General of the United States shall brief 
the congressional defense committees on the implementation by the 
Secretary of Defense of required acquisition reforms with respect to 
acquiring software for weapon systems, business systems, and other 
activities that are part of the defense acquisition system, with one or 
more reports based on such briefing to be submitted to such committees, 
as jointly determined by such committees and the Comptroller General.

    (b) <<NOTE: Assessments.>>  Elements.--The briefing and any reports 
required under subsection (a) shall include an assessment of the extent 
to which the Secretary of Defense has--
            (1) implemented the recommendations set forth in--
                    (A) the final report of the Defense Innovation Board 
                submitted to the congressional defense committees under 
                section 872 of the National Defense Authorization Act 
                for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 
                1497);
                    (B) the final report of the Defense Science Board 
                Task Force on the Design and Acquisition of Software for 
                Defense Systems described in section 868 of the John S. 
                McCain National Defense Authorization Act for Fiscal 
                Year 2019 (Public Law 115-232; 132 Stat. 1902; 10 U.S.C. 
                2223a note); and
                    (C) other relevant studies on software research, 
                development, and acquisition activities of the 
                Department of Defense;
            (2) carried out software acquisition activities, including 
        programs required under--
                    (A) section 2322a of title 10, United States Code; 
                and
                    (B) section 875 of the National Defense 
                Authorization Act for Fiscal Year 2018 (Public Law 115-
                91; 131 Stat. 1503; 10 U.S.C. 2223 note);
            (3) used the authority provided under section 800 of the 
        National Defense Authorization Act for Fiscal Year 2020 (Public 
        Law 116-92; 133 Stat. 1478; 10 U.S.C. 2223a); and
            (4) carried out software acquisition pilot programs, 
        including pilot programs required under sections 873 and 874 of 
        the National Defense Authorization Act for Fiscal Year 2018 
        (Public Law 115-91; 10 U.S.C. 2223a note; 10 U.S.C. 2302 note).

    (c) Assessment of Acquisition Policy, Guidance, and Practices.--Each 
report required under subsection (a) shall include an assessment of the 
extent to which the software acquisition policy, guidance, and practices 
of the Department of Defense reflect implementation of--
            (1) relevant recommendations from software studies and pilot 
        programs; and
            (2) directives from the congressional defense committees.

    (d) Defense Acquisition System Defined.--In this section, the term 
``defense acquisition system'' has the meaning given that term in 
section 2545(2) of title 10, United States Code.

[[Page 134 STAT. 3762]]

SEC. 839. COMPTROLLER GENERAL REPORT ON INTELLECTUAL PROPERTY 
                        ACQUISITION AND LICENSING.

    (a) <<NOTE: Evaluation.>>  In General.--Not later than October 1, 
2021, the Comptroller General of the United States shall submit to the 
congressional defense committees a report evaluating the implementation 
of Department of Defense Instruction 5010.44 relating to Intellectual 
Property Acquisition and Licensing (or successor instruction).

    (b) <<NOTE: Assessments.>>  Elements.--The report required under 
subsection (a) shall assess the following:
            (1) The extent to which the Department of Defense is 
        fulfilling the core principles established in such Instruction.
            (2) The extent to which the Defense Acquisition University 
        (established under section 1746 of title 10, United States Code) 
        and elements of the Department of Defense (specified in 
        paragraphs (1) through (10) of section 111(b) of such title) are 
        carrying out the requirements of such Instruction.
            (3) The progress of the Secretary of Defense in establishing 
        a cadre of intellectual property experts (as required under 
        section 2322(b) of such title), including the extent to which 
        members of such cadre are executing their roles and 
        responsibilities.
            (4) The performance of the Secretary of Defense in assessing 
        and demonstrating the implementation of such Instruction, 
        including the effectiveness of the cadre described in paragraph 
        (3).
            (5) The effectiveness of the cadre described in paragraph 
        (3) in providing resources on the acquisition and licensing of 
        intellectual property.
            (6) The effect implementation of such Instruction has had on 
        particular acquisitions.
            (7) The extent to which feedback from appropriate 
        stakeholders was incorporated, including large and small 
        businesses, traditional and nontraditional defense contractors 
        (as defined in section 2302(9) of title 10, United States Code), 
        and maintenance and repair organizations.
            (8) Any other matters the Comptroller General determines 
        appropriate.

                   Subtitle D--Industrial Base Matters

SEC. 841. ADDITIONAL REQUIREMENTS PERTAINING TO PRINTED CIRCUIT 
                        BOARDS.

    (a) In General.--Chapter 148 of title 10, United States Code, is 
amended by inserting after section 2533c the following section:
``Sec. 2533d. <<NOTE: 10 USC 2533d.>>  Additional requirements 
                    pertaining to printed circuit boards

    ``(a) In General.--
            ``(1) <<NOTE: Effective date.>>  Beginning on January 1, 
        2023, the Secretary of Defense may not acquire a covered printed 
        circuit board from a covered nation.
            ``(2) Paragraph (1) shall not apply with respect to any 
        acquisition of supplies or services below the micro-purchase 
        threshold under section 2338 of this title.

    ``(b) Waiver.--

[[Page 134 STAT. 3763]]

            ``(1) <<NOTE: Determination.>>  The Secretary may waive the 
        prohibition under subsection (a) if the Secretary determines in 
        writing that--
                    ``(A) there are no significant national security 
                concerns regarding counterfeiting, quality, or 
                unauthorized access created by such waiver;
                    ``(B) the waiver is required to support national 
                security; and
                    ``(C) a covered printed circuit board of 
                satisfactory quality and sufficient quantity, in the 
                required form, cannot be procured as and when needed 
                from nations other than a covered nation at reasonable 
                cost, excluding comparisons with non-market economies.
            ``(2) <<NOTE: Deadline. Notice. Records.>>  Not later than 
        10 days after the Secretary provides a waiver under paragraph 
        (1), the Secretary shall submit to the Committee on Armed 
        Services of the Senate and the Committee on Armed Services of 
        the House of Representatives a written notice setting forth the 
        reasoning for the waiver, together with a copy of the waiver 
        itself.

    ``(c) Definitions.--In this section:
            ``(1) Covered nation.--The term `covered nation' means--
                    ``(A) the Democratic People's Republic of North 
                Korea;
                    ``(B) the People's Republic of China;
                    ``(C) the Russian Federation; and
                    ``(D) the Islamic Republic of Iran.
            ``(2) Covered printed circuit board.--The term `covered 
        printed circuit board' means any partially manufactured or 
        complete bare printed circuit board or fully or partially 
        assembled printed circuit board that--
                    ``(A) performs a mission critical function in any 
                product or service that is not a commercial product or 
                commercial service (as such terms are defined under 
                sections 103 and 103a of title 41, respectively); or
                    ``(B) the Secretary designates as a covered printed 
                circuit board, after reasonable notice, based on a 
                determination that the designation is required to 
                support national security.
            ``(3) Secretary.--The term `Secretary' means the Secretary 
        of Defense.

    ``(d) <<NOTE: Deadline. Notice. Public comment.>>  Rulemaking.--Not 
later than May 1, 2022, the Secretary shall promulgate regulations, 
after an opportunity for notice and comment, implementing this section.

    ``(e) <<NOTE: Contracts.>>  Applicability.--This section shall apply 
only with respect to contracts entered into after the issuance of a 
final rule implementing this section.

    ``(f) Rule of Construction.--Nothing in this section shall be 
construed to prohibit the Department of Defense from entering into a 
contract with an entity that connects to the facilities of a third 
party, for the purposes of backhaul, roaming, or interconnection 
arrangements, on the basis of the noncompliance by the third party with 
the provisions of this section or use of equipment or services that do 
not route or redirect user data traffic or permit visibility into any 
user data or packets that such equipment transmits or otherwise 
handles.''.
    (b) Clerical Amendment.--The table of sections for subchapter V of 
chapter 148 of title 10, United States Code, <<NOTE: 10 USC 2531 
prec.>>  is amended by inserting after the item relating to section 
2533c the following:

``2533d. Additional requirements pertaining to printed circuit 
           boards.''.


[[Page 134 STAT. 3764]]



    (c) <<NOTE: Applicability. 10 USC 2533d note.>>  Trusted Supply.--
The Secretary of Defense shall apply the requirements of section 224 of 
the National Defense Authorization Act for Fiscal Year 2020 (Public Law 
116-92; 10 U.S.C. 2302 note) to the acquisition of covered printed 
circuit boards (as such term is defined under section 2533d(c) of title 
10, United States Code, as added by this section).

    (d) <<NOTE: Deadlines.>>  Independent Assessment.--
            (1) <<NOTE: Contracts.>>  In general.--Not later than 90 
        days after the date of enactment of this Act, the Secretary of 
        Defense shall seek to enter into an agreement with a federally 
        funded research and development center under which the center 
        will conduct an assessment of the benefits and risks of 
        expanding the prohibition in section 2533d(a) and the 
        definitions in section 2533d(c) of title 10, United States Code, 
        each as added by this section, to include printed circuit boards 
        in commercial products or services, or in commercially available 
        off-the-shelf products or 
        services. <<NOTE: Analysis. Recommenda- tions.>>  The assessment 
        shall also include analysis and recommendations regarding the 
        scope of mission critical functions, as such term is used in 
        such section.
            (2) <<NOTE: Reports.>>  Submission to department of 
        defense.--Not later than one year after entering into the 
        contract described in paragraph (1), the federally funded 
        research and development center that conducts the assessment 
        described in such paragraph shall submit to the Secretary of 
        Defense a report on the results of the assessment.
            (3) <<NOTE: Records. Summary. Recommenda- tions.>>  
        Submission to congress.--Not later than 90 days after the date 
        on which the Secretary of Defense receives the report described 
        in paragraph (2), the Secretary shall submit to the 
        congressional defense committees an unaltered copy of the 
        report, together with any comments the Secretary may have with 
        respect to the report, as well as a summary of the 
        recommendations of <<NOTE: Classified information.>>  the 
        report. The comments of the Secretary, if any, and the summary 
        of recommendations shall be in an unclassified form, but the 
        submission may include a classified annex.
SEC. 842. REPORT ON NONAVAILABILITY DETERMINATIONS AND QUARTERLY 
                        NATIONAL TECHNOLOGY AND INDUSTRIAL BASE 
                        BRIEFINGS.

    (a) In General.--Section 2504 of title 10, United States Code, is 
amended--
            (1) by striking ``The Secretary'' and inserting the 
        following:

    ``(a) Annual Report.--The Secretary'';
            (2) in subsection (a), as designated by paragraph (1), by 
        adding at the end the following new paragraph:

    ``(5) <<NOTE: Time period. Waiver.>>  A detailed description of any 
use by the Secretary of Defense or a Secretary concerned, as applicable, 
during the prior 12 months of a waiver or exception to the sourcing 
requirements or prohibitions established by chapter 83 of title 41 or 
subchapter V of chapter 148 of this title, including--
            ``(A) the type of waiver or exception used; and
            ``(B) the reasoning for the use of each such waiver or 
        exception.''; and
            (3) by adding at the end the following new subsection:

    ``(b) Quarterly Briefings.--(1) The Secretary of Defense shall 
ensure that the congressional defense committees receive quarterly 
briefings on the industrial base supporting the Department of

[[Page 134 STAT. 3765]]

Defense, describing challenges, gaps, and vulnerabilities in the defense 
industrial base and commercial sector relevant to execution of defense 
missions, and describing initiatives to address such challenges.
    ``(2) <<NOTE: Updates.>>  Each briefing under paragraph (1) shall 
include an update on the progress of addressing such gaps or 
vulnerabilities by the Secretary, the Secretary of the military 
department concerned, or the appropriate head of a Defense Agency, 
including an update on--
            ``(A) actions taken to address such gaps or vulnerabilities;
            ``(B) policy changes necessary to address such gaps or 
        vulnerabilities; and
            ``(C) the proposed timeline for action and resources 
        required to address such gaps or vulnerabilities.''.

    (b) Conforming and Clerical Amendments.--
            (1) Heading amendment.--The heading of section 2504 of title 
        10, United States Code, is amended to read as follows:
``Sec. 2504. National technology and industrial base: annual 
                  report and quarterly briefings''.
            (2) Clerical amendment.--The table of sections for 
        subchapter II of chapter 148 of such title <<NOTE: 10 USC 2501 
        prec.>>  is amended by striking the item relating to section 
        2504 and inserting the following new item:

``2504. National technology and industrial base: annual report and 
           quarterly briefings.''.

SEC. 843. MODIFICATION OF FRAMEWORK FOR MODERNIZING ACQUISITION 
                        PROCESSES TO ENSURE INTEGRITY OF 
                        INDUSTRIAL BASE AND INCLUSION OF OPTICAL 
                        TRANSMISSION COMPONENTS.

    (a) In General.-- Section 2509 of title 10, United States Code, is 
amended--
            (1) in subsection (b)(2)--
                    (A) in subparagraph (A)--
                          (i) in the matter preceding clause (i), by 
                      inserting ``such as those identified through the 
                      supply chain risk management process of the 
                      Department and by the Federal Acquisition Security 
                      Council, and'' after ``supply chain risks,''; and
                          (ii) in clause (ii), by striking ``(other than 
                      optical transmission components)'';
                    (B) in subparagraph (C)--
                          (i) in clause (x), by striking ``; and'' and 
                      inserting a semicolon;
                          (ii) by redesignating clause (xi) as clause 
                      (xii); and
                          (iii) by inserting after clause (x) the 
                      following new clause:
                    ``(xi) processes and procedures related to supply 
                chain risk management and processes and procedures 
                implemented pursuant to section 2339a of this title; 
                and''; and
                    (C) by adding at the end the following new 
                subparagraph:
            ``(E) Characterization and assessment of industrial base 
        support policies, programs, and procedures, including--

[[Page 134 STAT. 3766]]

                    ``(i) limitations and acquisition guidance relevant 
                to the national technology and industrial base (as 
                defined in section 2500(1) of this title);
                    ``(ii) limitations and acquisition guidance relevant 
                to section 2533a of this title;
                    ``(iii) the Industrial Base Analysis and Sustainment 
                program of the Department, including direct support and 
                common design activities;
                    ``(iv) the Small Business Innovation Research 
                Program (as defined in section 9(e) of the Small 
                Business Act (15 U.S.C. 638(e));
                    ``(v) the Manufacturing Technology Program 
                established under section 2521 of this title;
                    ``(vi) programs relating to the Defense Production 
                Act of 1950 (50 U.S.C. 4511 et seq.); and
                    ``(vii) programs operating in each military 
                department.''; and
            (2) in subsection (f)(2), by inserting ``, and supporting 
        policies, procedures, and guidance relating to such actions'' 
        after ``subsection (b)''.

    (b) <<NOTE: Repeal.>>  Conforming Amendment.--Section 806 of the Ike 
Skelton National Defense Authorization Act for Fiscal Year 2011 (10 
U.S.C. 2304 note) is repealed.
SEC. 844. EXPANSION ON THE PROHIBITION ON ACQUIRING CERTAIN METAL 
                        PRODUCTS.

    (a) In General.--Section 2533c of title 10, United States Code, is 
amended--
            (1) in subsection (a)(1), by striking ``material melted'' 
        and inserting ``material mined, refined, separated, melted,''; 
        and
            (2) in subsection (c)(3)(A)(i), by striking ``tungsten'' and 
        inserting ``covered material''.

    (b) <<NOTE: 10 USC 2533c note.>>  Effective Date.--The amendments 
made by subsection (a) shall take effect on the date that is 5 years 
after the date of the enactment of this Act.
SEC. 845. MISCELLANEOUS LIMITATIONS ON THE PROCUREMENT OF GOODS 
                        OTHER THAN UNITED STATES GOODS.

    (a) In General.--Section 2534 of title 10, United States Code, is 
amended--
            (1) in subsection (a)--
                    (A) by striking paragraphs (2) through (5) and 
                redesignating paragraph (6) as paragraph (3);
                    (B) by inserting after paragraph (1) the following 
                new paragraph:
            ``(2) Components for naval vessels.--The following 
        components of vessels, to the extent they are unique to marine 
        applications:
                    ``(A) Gyrocompasses.
                    ``(B) Electronic navigation chart systems.
                    ``(C) Steering controls.
                    ``(D) Propulsion and machinery control systems.
                    ``(E) Totally enclosed lifeboats.'';
                    (C) in paragraph (3), as so redesignated, by 
                striking ``subsection (k)'' and inserting ``subsection 
                (j)''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(4) Components for t-ao 205 class vessels.--The following 
        components of T-AO 205 class vessels:

[[Page 134 STAT. 3767]]

                    ``(A) Auxiliary equipment, including pumps, for all 
                shipboard services.
                    ``(B) Propulsion system components, including 
                engines, reduction gears, and propellers.
                    ``(C) Shipboard cranes.
                    ``(D) Spreaders for shipboard cranes.'';
            (2) by amending subsection (b) to read as follows:

    ``(b) Manufacturer in the National Technology and Industrial Base.--
A manufacturer meets the requirements of this subsection if the 
manufacturer is part of the national technology and industrial base.'';
            (3) in subsection (c)--
                    (A) by striking ``Items.--'' and all that follows 
                through ``Subsection (a) does not apply'' and inserting 
                ``Items.--Subsection (a) does not apply''; and
                    (B) by striking paragraphs (2) though (5);
            (4) in subsection (g)--
                    (A) by striking ``(1) This section'' and inserting 
                ``This section''; and
                    (B) by striking paragraph (2);
            (5) in subsection (h), by striking ``subsection (a)(3)(B)'' 
        and inserting ``subsection (a)(2)'';
            (6) in subsection (i)(3), by striking ``Under Secretary of 
        Defense for Acquisition, Technology, and Logistics'' and 
        inserting ``Under Secretary of Defense for Acquisition and 
        Sustainment'';
            (7) by striking subsection (j);
            (8) by redesignating the first subsection designated 
        subsection (k) (relating to ``Limitation on Certain Procurements 
        Application Process'') as subsection (j); and
            (9) in subsection (k) (relating to ``Implementation of 
        Auxiliary Ship Component Limitation''), by striking ``Subsection 
        (a)(6)'' and inserting ``Subsection (a)(3)''.

    (b) <<NOTE: Time period. 10 USC 2534 note.>>  Review of Select 
Components.--The Secretary of the Defense shall expedite the review 
period under paragraph (3)(B) of section 2534(j) of title 10, United 
States Code, as redesignated by subsection (a), to not more than 60 days 
for applications submitted pursuant to such section 2534(j) for the 
following components for auxiliary ships:
            (1) Auxiliary equipment, including pumps, for all shipboard 
        services.
            (2) Propulsion system components, including engines, 
        reduction gears, and propellers.
            (3) Shipboard cranes.
            (4) Spreaders for shipboard cranes.
SEC. 846. IMPROVING IMPLEMENTATION OF POLICY PERTAINING TO THE 
                        NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.

    (a) <<NOTE: 10 USC 4811 note.>>  Assessment of Research and 
Development, Manufacturing, and Production Capabilities.--
            (1) <<NOTE: Consultation.>>  In general.--In developing the 
        strategy required by section 2501 of title 10, United States 
        Code, carrying out the program for analysis of the national 
        technology and industrial base required by section 2503 of such 
        title, and performing the assessments required under section 
        2505 of such title, the Secretary of Defense, in consultation 
        with the Under Secretary of Defense for Acquisition and 
        Sustainment and the

[[Page 134 STAT. 3768]]

        Under Secretary of Research and Engineering, shall assess the 
        research and development, manufacturing, and production 
        capabilities of the national technology and industrial base (as 
        defined in section 2500 of such title) and other allies and 
        partner countries.
            (2) Identification of specific technologies, companies, 
        laboratories, and factories.--The map of the industrial base 
        described in section 2504 of title 10, United States Code, shall 
        highlight specific technologies, companies, laboratories, and 
        factories of, or located in, the national technology and 
        industrial base of potential value to current and future 
        Department of Defense plans and programs.

    (b) Policy and Guidance.--
            (1) In general.--Section 2440 of title 10, United States 
        Code is amended--
                    (A) by amending the section heading to read as 
                follows: ``National technology and industrial base 
                plans, policy, and guidance'';
                    (B) striking ``The Secretary'' and inserting the 
                following:

    ``(a) In General.--The Secretary''; and
                    (C) by adding at the end the following new 
                subsection:

    ``(b) Acquisition Policy and Guidance.--The Secretary of Defense 
shall develop and promulgate acquisition policy and guidance to the 
service acquisition executives, the heads of the appropriate Defense 
Agencies and Department of Defense Field Activities, and relevant 
program managers. Such policy and guidance shall be germane to the use 
of the research and development, manufacturing, and production 
capabilities identified pursuant to chapter 148 of this title and the 
technologies, companies, laboratories, and factories in specific 
Department of Defense research and development, international 
cooperative research, procurement, and sustainment activities.''.
            (2) Clerical amendments.--The table of sections at the 
        beginning of chapter 144 of title 10, United States 
        Code, <<NOTE: 10 USC 2430 prec.>>  is amended by striking the 
        item relating to section 2440 and inserting the following new 
        item:

``2440. National technology and industrial base plans, policy, and 
           guidance.''.

    (c) Responsibilities of the National Defense Technology and 
Industrial Base Council.--Section 2502(c) of title 10, United States 
Code, is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period at the end and 
        inserting ``; and''; and
            (3) by adding at the end the following new paragraph:
            ``(4) collaboration with government officials of member 
        countries of the national technology and industrial base in 
        order to strengthen the national technology and industrial 
        base.''.

    (d) <<NOTE: 10 USC 4811 note.>>  Recommendations for Additional 
Members of the National Technology and Industrial Base.--
            (1) <<NOTE: Consultation. Processes.>>  In general.--The 
        Secretary of Defense, in consultation with the heads of any 
        relevant Federal agencies, shall establish a process to consider 
        the inclusion of additional member countries in the national 
        technology and industrial base.
            (2) Elements.--The process developed under paragraph (1) 
        shall include an analysis of--

[[Page 134 STAT. 3769]]

                    (A) the national security and foreign policy 
                impacts, costs, and benefits to the United States and 
                allied countries of the inclusion of any such additional 
                member countries in the national technology and 
                industrial base;
                    (B) <<NOTE: Assessments.>>  the economic impacts, 
                costs, and benefits to entities within the United States 
                and allied countries of the inclusion of any such 
                additional member countries into the national technology 
                and industrial base, including an assessment of--
                          (i) specific shortfalls in the technological 
                      and industrial capacities of current member 
                      countries of the national technology and 
                      industrial base that would be addressed by 
                      inclusion of such additional member countries;
                          (ii) specific areas in the industrial bases of 
                      current member countries of the national 
                      technology and industrial base that would likely 
                      be impacted by additional competition if such 
                      additional member countries were included in the 
                      national technology and industrial base; and
                          (iii) costs to reconstitute capability should 
                      such capability be lost to competition; and
                    (C) other factors as determined relevant by the 
                Secretary.
            (3) Concurrence.--For the purposes of the process developed 
        under paragraph (1), the Secretary of Defense may recommend the 
        inclusion of an additional member country in the national 
        technology and industrial base only with the concurrence of the 
        Secretary of State.
SEC. 847. REPORT AND LIMITATION ON THE AVAILABILITY OF FUNDS 
                        RELATING TO ELIMINATING THE GAPS AND 
                        VULNERABILITIES IN THE NATIONAL TECHNOLOGY 
                        AND INDUSTRIAL BASE.

    (a) <<NOTE: Effective date.>>  In General.--Beginning January 1, 
2021, if the Secretary of Defense has not submitted to the congressional 
defense committees the national security strategy for the national 
technology and industrial base required by section 2501(a) of title 10, 
United States Code, not more than 75 percent of the funds specified in 
subsection (b) may be obligated or expended until the date on which the 
Secretary submits such strategy to such committees.

    (b) Funds Specified.--The funds specified in this subsection are the 
funds authorized to be appropriated by this Act or otherwise made 
available for fiscal year 2021 for the Department of Defense for the 
following:
            (1) The immediate office of the Secretary of Defense.
            (2) The Office of the Under Secretary of Defense for 
        Acquisition and Sustainment.
SEC. 848. <<NOTE: 10 USC 4811 note.>>  SUPPLY OF STRATEGIC AND 
                        CRITICAL MATERIALS FOR THE DEPARTMENT OF 
                        DEFENSE.

    (a) Preference for Sourcing From the National Technology and 
Industrial Base.--The Secretary of Defense shall, to the maximum extent 
practicable, acquire strategic and critical materials required to meet 
the defense, industrial, and essential civilian needs of the United 
States in the following order of preference:
            (1) From sources located within the United States.

[[Page 134 STAT. 3770]]

            (2) From sources located within the national technology and 
        industrial base (as defined in section 2500 of title 10, United 
        States Code).
            (3) From other sources as appropriate.

    (b) Statement of Policy.--
            (1) In general.--The Secretary of Defense shall pursue the 
        following goals:
                    (A) <<NOTE: Deadline.>>  Not later than January 1, 
                2035, ensuring access to secure sources of supply for 
                strategic and critical materials that will--
                          (i) fully meet the demands of the domestic 
                      defense industrial base;
                          (ii) eliminate the dependence of the United 
                      States on potentially vulnerable sources of supply 
                      for strategic and critical materials; and
                          (iii) ensure that the Department of Defense is 
                      not reliant upon potentially vulnerable sources of 
                      supply for the processing or manufacturing of any 
                      strategic and critical materials deemed essential 
                      to national security by the Secretary of Defense.
                    (B) Provide incentives for the defense industrial 
                base to develop robust processing and manufacturing 
                capabilities in the United States to refine strategic 
                and critical materials for Department of Defense 
                purposes.
                    (C) Maintain secure sources of supply for strategic 
                and critical materials required to maintain current 
                military requirements in the event that international 
                supply chains are disrupted.
            (2) Methods.--The Secretary of Defense shall achieve the 
        goals described in paragraph (1) through--
                    (A) <<NOTE: Consultation.>>  the development of 
                guidance in consultation with appropriate officials of 
                the Department of State, the Joint Staff, and the 
                Secretaries of the military departments;
                    (B) the continued and expanded use of existing 
                programs, such as the National Defense Stockpile;
                    (C) the continued use of authorities under title III 
                of the Defense Production Act of 1950 (50 U.S.C. 4531 et 
                seq.); and
                    (D) other methods, as the Secretary of Defense deems 
                appropriate.
SEC. 849. <<NOTE: 10 USC 4811 note.>>  ANALYSES OF CERTAIN 
                        ACTIVITIES FOR ACTION TO ADDRESS SOURCING 
                        AND INDUSTRIAL CAPACITY.

    (a) Analysis Required.--
            (1) <<NOTE: Review. Determination.>>  In general.--The 
        Secretary of Defense, acting through the Undersecretary of 
        Defense for Acquisition and Sustainment and other appropriate 
        officials, shall review the items under subsection (c) to 
        determine and develop appropriate actions, consistent with the 
        policies, programs, and activities required under chapter 148 of 
        title 10, United States Code, chapter 83 of title 41, United 
        States Code, and the Defense Production Act of 1950 (50 U.S.C. 
        4501 et seq.), including--
                    (A) restricting procurement, with appropriate 
                waivers for cost, emergency requirements, and non-
                availability of suppliers, including restricting 
                procurement to--
                          (i) suppliers in the United States;

[[Page 134 STAT. 3771]]

                          (ii) suppliers in the national technology and 
                      industrial base (as defined in section 2500 of 
                      title 10, United States Code);
                          (iii) suppliers in other allied nations; or
                          (iv) other suppliers;
                    (B) increasing investment through use of research 
                and development or procurement activities and 
                acquisition authorities to--
                          (i) expand production capacity;
                          (ii) diversify sources of supply; or
                          (iii) promote alternative approaches for 
                      addressing military requirements;
                    (C) prohibiting procurement from selected sources or 
                nations;
                    (D) taking a combination of actions described under 
                subparagraphs (A),(B), and (C); or
                    (E) taking no action.
            (2) Considerations.--The analyses conducted pursuant to 
        paragraph (1) shall consider national security, economic, and 
        treaty implications, as well as impacts on current and potential 
        suppliers of goods and services.

    (b) Reporting on Analyses, Recommendations, and Actions.--
            (1) <<NOTE: Deadline.>>  Interim brief.--Not later than 
        January 15, 2022, the Secretary of Defense shall submit to the 
        congressional defense committees--
                    (A) <<NOTE: Summary.>>  a summary of the findings of 
                the analyses undertaken for each item pursuant to 
                subsection (a);
                    (B) relevant recommendations resulting from the 
                analyses; and
                    (C) descriptions of specific activities undertaken 
                as a result of the analyses, including schedule and 
                resources allocated for any planned actions.
            (2) Reporting.--The Secretary of Defense shall include the 
        analyses conducted under subsection (a), and any relevant 
        recommendations and descriptions of activities resulting from 
        such analyses, as appropriate, in each of the following 
        submitted during the 2022 calendar year:
                    (A) The annual report to Congress required under 
                section 2504 of title 10, United States Code.
                    (B) The annual report on unfunded priorities of the 
                national technology and industrial base required under 
                section 2504a of such title.
                    (C) Department of Defense technology and industrial 
                base policy guidance prescribed under section 2506 of 
                such title.
                    (D) Activities to modernize acquisition processes to 
                ensure integrity of industrial base pursuant to section 
                2509 of such title.
                    (E) <<NOTE: Memorandum.>>  Defense memoranda of 
                understanding and related agreements considered in 
                accordance with section 2531 of such title.
                    (F) Industrial base or acquisition policy changes.
                    (G) <<NOTE: Proposals. Legislative proposals.>>  
                Legislative proposals for changes to relevant statutes 
                which the Department shall consider, develop, and submit 
                to the Committees on Armed Services of the Senate

[[Page 134 STAT. 3772]]

                and House of Representatives not less frequently than 
                once per fiscal year.
                    (H) <<NOTE: Briefings.>>  Quarterly briefings on the 
                national technology and industrial base required under 
                section 2504 of such title, as amended by section 842 of 
                this Act.
                    (I) Other actions as the Secretary of Defense 
                determines appropriate.

    (c) List of High Priority Goods and Services for Analyses, 
Recommendations, and Actions.--The items described in this subsection 
are the following:
            (1) Goods and services covered under existing restrictions, 
        where a waiver, exception, or domestic non-availability 
        determination has been applied.
            (2) Printed circuit boards and other electronics components, 
        consistent with the requirements of other provisions of this 
        Act.
            (3) Pharmaceuticals, including active pharmaceutical 
        ingredients.
            (4) Medical devices.
            (5) Therapeutics.
            (6) Vaccines.
            (7) Diagnostic medical equipment and consumables, including 
        reagents and swabs.
            (8) Ventilators and related products.
            (9) Personal protective equipment.
            (10) Strategic and critical materials, including rare earth 
        materials.
            (11) Natural or synthetic graphite.
            (12) Coal-based rayon carbon fibers.
            (13) Aluminum and aluminum alloys.
SEC. 850. IMPLEMENTATION OF RECOMMENDATIONS FOR ASSESSING AND 
                        STRENGTHENING THE MANUFACTURING AND 
                        DEFENSE INDUSTRIAL BASE AND SUPPLY CHAIN 
                        RESILIENCY.

    (a) <<NOTE: Deadline.>>  Submission of Recommendations to Secretary 
of Defense.--In order to fully implement the recommendations of the 
report of the Interagency Task Force (established by the Department of 
Defense pursuant to section 2 of Executive Order 13806 (82 Fed. Reg. 
34597; July 21, 2017)) titled ``Assessing and Strengthening the 
Manufacturing and Defense Industrial Base and Supply Chain Resiliency of 
the United States: Report to President Donald J. Trump by the 
Interagency Task Force in Fulfillment of Executive Order 13806'' 
(September 2018), not later than 540 days after the date of the 
enactment of this Act, the Under Secretary of Defense for Acquisition 
and Sustainment shall submit to the Secretary of Defense additional 
recommendations regarding United States industrial 
policies. <<NOTE: Legislative proposals.>>  The additional 
recommendations shall consist of specific executive actions, 
programmatic changes, regulatory changes, and legislative proposals and 
changes, as appropriate.

    (b) Scope of Assessment.--In developing the additional 
recommendations required under subsection (a), the Under Secretary 
shall--
            (1) assess the macro forces and risk archetypes identified 
        in the report of the Interagency Task Force described in 
        subsection (a);

[[Page 134 STAT. 3773]]

            (2) <<NOTE: Evaluation.>>  evaluate the success of 
        responsive actions undertaken; and
            (3) <<NOTE: Recommenda- tions.>>  identify any such 
        recommendations that may require new legislative authorities.

    (c) Objectives.--The additional recommendations made pursuant to 
subsection (a) shall--
            (1) aim to expand the defense industrial base to leverage 
        contributions and capabilities of allies and partner countries;
            (2) identify and preserve the viability of domestic and 
        trusted international suppliers; and
            (3) strengthen the domestic industrial base, especially in 
        areas subject to the risk archetypes identified in the report of 
        the Interagency Task Force described in subsection (a).

    (d) Consultation.--In developing the additional recommendations 
required under subsection (a), the Under Secretary may engage through 
appropriate mechanisms with--
            (1) the Defense Science Board;
            (2) the Defense Innovation Board;
            (3) the Defense Business Board;
            (4) entities representing industry interests; and
            (5) entities representing labor interests.

    (e) <<NOTE: Deadline.>>  Submission of Recommendations to 
President.--Not later than 30 days after receiving the additional 
recommendations required under subsection (a), the Secretary of Defense 
shall submit such recommendations, together with any supplementary views 
or recommendations, to the President, the Director of the Office of 
Management and Budget, the Assistant to the President for National 
Security Affairs, and the Director of the National Economic Council.

    (f) <<NOTE: Deadline.>>  Submission of Recommendations to 
Congress.--Not later than 30 days after submitting the recommendations 
under subsection (e), the Secretary of Defense shall submit to and brief 
the congressional defense committees on such recommendations.
SEC. 851. REPORT ON STRATEGIC AND CRITICAL MATERIALS.

    (a) <<NOTE: Appendix.>>  Report Required.--The Secretary of Defense 
shall submit to the Committees on Armed Services of the Senate and the 
House of Representatives an appendix to the annual report required in 
section 2504 of title 10, United States Code, due on March 1, 2021, 
describing strategic and critical materials, including the gaps and 
vulnerabilities in supply chains of such materials.

    (b) Elements.--The Secretary of Defense shall include in the 
appendix required in subsection (a) the following:
            (1) An identification of the strategic and critical 
        materials that are currently used by the Department of Defense.
            (2) <<NOTE: Time period.>>  To the extent practicable, an 
        identification of the overall annual tonnage of each strategic 
        or critical material identified pursuant to paragraph (1) that 
        was used by the Department during the 10-year period ending on 
        December 31, 2020.
            (3) An identification of domestic and international sources 
        for the strategic and critical materials identified pursuant to 
        paragraph (1).
            (4) An identification of risks relating to access to the 
        strategic and critical materials identified pursuant to 
        paragraph (1) from supply chain disruptions due to geopolitical, 
        economic, and other vulnerabilities.

[[Page 134 STAT. 3774]]

            (5) <<NOTE: Evaluation.>>  An evaluation of the benefits of 
        a robust domestic supply chain for providing strategic and 
        critical materials, as needed, to manufacturers in the defense 
        industrial base.
            (6) <<NOTE: Evaluation.>>  An evaluation of the effects of 
        the use of waivers by the Strategic Materials Protection Board 
        established under section 187 of title 10, United States Code, 
        on the domestic supply of strategic and critical materials.
            (7) <<NOTE: Recommenda- tions.>>  Recommendations for 
        policies and procedures to ensure a capability within the 
        Department of Defense to secure strategic and critical materials 
        necessary for emerging technologies, as well as antimicrobial 
        products, minerals, and metals for use in medical equipment and 
        other technologies.
            (8) An identification of improvements required to the 
        National Defense Stockpile in order to ensure the Secretary of 
        Defense has access to the strategic and critical materials 
        identified pursuant to paragraph (1).
            (9) <<NOTE: Evaluation.>>  An evaluation of the domestic 
        processing and manufacturing capacity needed to supply the 
        strategic and critical materials identified pursuant to 
        paragraph (1) to the Secretary of Defense in an economic and 
        secure manner.
            (10) <<NOTE: Consultation.>>  In consultation with the 
        Director of the United States Geological Survey, an 
        identification of domestic locations with existing commercial 
        manufacturing interest that are already verified to contain 
        large supplies of the strategic and critical materials 
        identified pursuant to paragraph (1).
            (11) <<NOTE: Assessment. Recommenda- tions.>>  An assessment 
        of the feasibility of partnerships with institutions of higher 
        education (as defined in section 101 of the Higher Education Act 
        of 1965 (20 U.S.C. 1001)) that receive grants for the purpose of 
        enhancing the security and stability of the supply chain for 
        strategic and critical materials for the National Defense 
        Stockpile, including an identification of barriers to such 
        partnerships and recommendations for improving such 
        partnerships.
            (12) Any other matter relating to strategic and critical 
        materials that the Secretary considers appropriate.

    (c) <<NOTE: Classified information.>>  Form.--The appendix required 
in subsection (a) shall be submitted in unclassified form, but may 
include a classified annex.

    (d) Strategic and Critical Materials Defined.--In this section, the 
term ``strategic and critical materials'' means materials, including 
rare earth elements, that are necessary to meet national defense and 
national security requirements, including requirements relating to 
supply chain resiliency, and for the economic security of the United 
States.
SEC. 852. REPORT ON ALUMINUM REFINING, PROCESSING, AND 
                        MANUFACTURING.

    (a) <<NOTE: Appendix.>>  In General.--In preparing the annual report 
required under section 2504 of title 10, United States Code, due on 
March 1, 2022, the Secretary of Defense shall include as an appendix to 
such report information on--
            (1) how authorities under the Defense Production Act of 1950 
        (50 U.S.C. 4501 et seq.) could be used to provide incentives to 
        increase activities relating to refining aluminum and the 
        development of processing and manufacturing capabilities for 
        aluminum; and

[[Page 134 STAT. 3775]]

            (2) whether a new initiative would further the development 
        of such processing and manufacturing capabilities for aluminum.

    (b) <<NOTE: Deadline.>>  Submission.--Not later than March 1, 2022, 
the Secretary of Defense shall submit to the Committee on Financial 
Services of the House of Representatives and the Committee on Banking, 
Housing, and Urban Affairs of the Senate the appendix described in 
subsection (a).

                   Subtitle E--Small Business Matters

SEC. 861. <<NOTE: 10 USC 4901 note.>>  INITIATIVES TO SUPPORT 
                        SMALL BUSINESSES IN THE NATIONAL 
                        TECHNOLOGY AND INDUSTRIAL BASE.

    (a) In General.--The Secretary of Defense, acting through the 
Assistant Secretary of Defense for Industrial Base Policy (established 
under section 903 of this Act) and other appropriate officials, in 
carrying out the activities described under subchapter II of chapter 148 
of title 10, United States Code, shall establish initiatives to increase 
the effectiveness of the Department of Defense in specifically 
leveraging small businesses to eliminate gaps and vulnerabilities in the 
national technology and industrial base (as defined in section 2500 of 
title 10, United States Code) and expand the number of small businesses 
in the national technology and industrial base.
    (b) Initiatives.--
            (1) <<NOTE: Deadline. Time period.>>  Updates for small 
        business strategy.--Not later than October 1, 2022, and 
        biennially thereafter, shall update the small business strategy 
        required under section 2283 of title 10, United States Code, and 
        provide such updated strategy to the congressional defense 
        committees.
            (2) Implementation plan.--
                    (A) <<NOTE: Deadline. Time period.>>  In general.--
                Not later than March 1, 2023, and biennially thereafter, 
                the Secretary of Defense shall develop an implementation 
                plan consistent with the most recent small business 
                strategy developed under such section 2283, and provide 
                such plan to the congressional defense committees.
                    (B) Elements.--The implementation plan described in 
                subparagraph (A) shall include an identification of the 
                following:
                          (i) Organizations responsible for 
                      implementation activities.
                          (ii) Metrics to evaluate progress of 
                      implementation activities.
                          (iii) Resources to support implementation 
                      activities.
                          (iv) Outcomes achieved as a result of 
                      executing the previous small business strategy 
                      developed under such section 2283.
            (3) <<NOTE: Procedures.>>  Mechanisms to assess and support 
        small businesses in national technology and industrial base.--
        The Secretary of Defense shall--
                    (A) establish policies, procedures, and information 
                repositories to identify small businesses in the defense 
                supply chain, including--

[[Page 134 STAT. 3776]]

                          (i) small businesses participating in an 
                      acquisition program of a military department or 
                      Defense Agency (as defined in section 101(11) of 
                      title 10, United States Code);
                          (ii) small businesses contracting with the 
                      Defense Logistics Agency; and
                          (iii) other small businesses in the national 
                      technology and industrial base;
                    (B) establish policies and procedures to assess the 
                financial status of critical small businesses; and
                    (C) <<NOTE: Contracts.>>  enter into an agreement 
                with the acquisition research organization within a 
                civilian college or university that is described under 
                section 2361a(a) of title 10, United States Code 
                (commonly referred to as the ``Acquisition Innovation 
                Research Center''), to analyze mechanisms that could be 
                established to allow the Secretary of Defense to provide 
                direct financial support to critical small businesses 
                that require additional financial assistance, including 
                critical small businesses that are--
                          (i) contracting with the Defense Logistics 
                      Agency;
                          (ii) subcontractors (at any tier); or
                          (iii) in critical technology sectors.

    (c) Reports.--
            (1) Report on activities.--Not later than October 1, 2021, 
        the Assistant Secretary of Defense for Industrial Base Policy 
        shall submit to the appropriate committees a report on 
        activities undertaken pursuant to this section.
            (2) <<NOTE: Deadline.>>  Implementation plan for 2019 small 
        business strategy.--Not later than June 1, 2021, the Secretary 
        of Defense shall submit an implementation plan for the small 
        business strategy required under section 2283 of title 10, 
        United States Code, and dated October 1, 2019, including an 
        identification of specific responsible individuals and 
        organizations, milestones and metrics, and resources to support 
        activities identified in the implementation plan.

    (d) Small Business Defined.--In this section, the term ``small 
business'' has the meaning given by the Secretary of Defense, except 
that such term shall include prime contractors and subcontractors (at 
any tier).
SEC. 862. <<NOTE: 15 USC 657f note.>>  TRANSFER OF VERIFICATION OF 
                        SMALL BUSINESS CONCERNS OWNED AND 
                        CONTROLLED BY VETERANS OR SERVICE-DISABLED 
                        VETERANS TO THE SMALL BUSINESS 
                        ADMINISTRATION.

    (a) <<NOTE: Definition.>>  Transfer Date.--For purposes of this 
section, the term ``transfer date'' means the date that is 2 years after 
the date of enactment of this Act.

    (b) Amendment to and Transfer of Veteran-owned and Service-disabled 
Veteran-owned Business Database.--
            (1) <<NOTE: Effective date. 38 USC 8127 note.>>  Amendment 
        of veteran-owned and service-disabled veteran-owned business 
        database.--Effective on the transfer date, section 8127 of title 
        38, United States Code, is amended--
                    (A) in subsection (e), by striking ``the Secretary 
                under subsection (f)'' and inserting ``the Administrator 
                under section 36 of the Small Business Act'';
                    (B) in subsection (f)--

[[Page 134 STAT. 3777]]

                          (i) by striking ``the Secretary'' each place 
                      it appears, except in the last place it appears in 
                      paragraph (2)(A), and inserting ``the 
                      Administrator'';
                          (ii) in paragraph (1), by striking ``small 
                      business concerns owned and controlled by veterans 
                      with service-connected disabilities'' and 
                      inserting ``small business concerns owned and 
                      controlled by service-disabled veterans'';
                          (iii) in paragraph (2)--
                                    (I) in subparagraph (A)--
                                            (aa) by striking ``to 
                                        access'' and inserting ``to 
                                        obtain from the Secretary of 
                                        Veterans Affairs''; and
                                            (bb) by inserting ``, United 
                                        States Code,'' after ``title 
                                        5''; and
                                    (II) by striking subparagraph (B) 
                                and inserting the following:

    ``(B) For purposes of this subsection--
            ``(i) the Secretary of Veterans Affairs shall--
                    ``(I) verify an individual's status as a veteran or 
                a service-disabled veteran; and
                    ``(II) establish a system to permit the 
                Administrator to access, but not alter, the verification 
                of such status; and
            ``(ii) the Administrator shall verify--
                    ``(I) the status of a business concern as a small 
                business concern; and
                    ``(II) the ownership and control of such business 
                concern.

    ``(C) The Administrator may not certify a concern under subsection 
(b) or section 36A if the Secretary of Veterans Affairs cannot provide 
the verification described under subparagraph (B)(i)(I).'';
                          (iv) in paragraph (3), by striking ``such 
                      veterans'' and inserting ``a veteran described in 
                      paragraph (1)'';
                          (v) by striking paragraphs (4) and (7);
                          (vi) by redesignating paragraphs (5) and (6) 
                      as paragraphs (4) and (5), respectively, and 
                      redesignating paragraph (8) as paragraph (6);
                          (vii) in paragraph (4), as so redesignated, by 
                      striking ``The Secretary'' and inserting ``The 
                      Administrator''; and
                          (viii) in paragraph (6), as so redesignated--
                                    (I) in subparagraph (A)--
                                            (aa) by striking ``verify 
                                        the status of the concern as a 
                                        small business concern or the 
                                        ownership or control of the 
                                        concern'' and inserting 
                                        ``certify the status of the 
                                        concern as a small business 
                                        concern owned and controlled by 
                                        veterans (under section 36A) or 
                                        a small business concern owned 
                                        and controlled by service-
                                        disabled veterans (under 
                                        subsection (g) of this 
                                        section)'';
                                            (bb) by striking 
                                        ``verification'' and inserting 
                                        ``certification''; and
                                            (cc) by striking ``the Small 
                                        Business Administration (as 
                                        established under section

[[Page 134 STAT. 3778]]

                                        5(i) of the Small Business 
                                        Act)'' and inserting ``the 
                                        Administration (as established 
                                        under section 5(i))'';
                                    (II) in subparagraph (B)--
                                            (aa) in clause (i)--
                                                (AA) by striking ``small 
                                            business concern owned and 
                                            controlled by veterans with 
                                            service-connected 
                                            disabilities'' and inserting 
                                            ``small business concern 
                                            owned and controlled by 
                                            service-disabled veterans''; 
                                            and
                                                (BB) by striking ``of 
                                            the Small Business 
                                            Administration''; and
                                            (bb) in clause (ii)--
                                                (AA) by amending 
                                            subclause (I) to read as 
                                            follows:
                    ``(I) the Secretary of Veterans Affairs or the 
                Administrator; or''; and
                                                (BB) in subclause (II), 
                                            by striking ``the 
                                            contracting officer of the 
                                            Department'' and inserting 
                                            ``the applicable contracting 
                                            officer''; and
                                    (III) by striking subparagraph (C);
                    (C) by redesignating subsections (k) (relating to 
                limitations on subcontracting) and (l) (relating to 
                definitions) as subsections (l) and (m), respectively;
                    (D) by inserting after subsection (j) (relating to 
                annual reports) the following new subsection:

    ``(k) <<NOTE: Reimbursement.>>  Annual Transfer for Certification 
Costs.--For each fiscal year, the Secretary of Veterans Affairs shall 
reimburse the Administrator in an amount necessary to cover any cost 
incurred by the Administrator for certifying small business concerns 
owned and controlled by veterans that do not qualify as small business 
concerns owned and controlled by service-disabled veterans for the 
Secretary for purposes of this section and section 8128 of this title. 
The Administrator is authorized to accept such reimbursement. The amount 
of any such reimbursement shall be determined jointly by the Secretary 
and the Administrator and shall be provided from fees collected by the 
Secretary under multiple-award schedule contracts. Any disagreement 
about the amount shall be resolved by the Director of the Office of 
Management and Budget.''; and
                    (E) in subsection (m) (relating to definitions), as 
                so redesignated--
                          (i) by redesignating paragraphs (1), (2), and 
                      (3) as paragraphs (2), (3), and (4), respectively; 
                      and
                          (ii) by inserting before paragraph (2), as so 
                      redesignated, the following new paragraph:
            ``(1) <<NOTE: Definition.>>  The term `Administrator' means 
        the Administrator of the Small Business Administration.''.
            (2) <<NOTE: Effective date. 15 USC 657f note.>>  Transfer of 
        requirements relating to database to the small business act.--
        Effective on the transfer date, subsection (f) of section 8127 
        of title 38, United States Code (as amended by paragraph (1)), 
        is transferred to section 36 of the Small Business Act (15 
        U.S.C. 657f), and inserted so as to appear after subsection (e).
            (3) Conforming amendments.--The following amendments shall 
        take effect on the transfer date:

[[Page 134 STAT. 3779]]

                    (A) <<NOTE: 15 USC 632 note.>>  Small business 
                act.--Section 3(q)(2)(C)(i)(III) of the Small Business 
                Act (15 U.S.C. 632(q)(2)(C)(i)(III)) is amended by 
                striking ``section 8127(f) of title 38, United States 
                Code'' and inserting ``section 36''.
                    (B) Title 38.--Section 8128 of title 38, United 
                States Code, is amended by striking ``maintained by the 
                Secretary under section 8127(f) of this title'' and 
                inserting ``maintained by the Administrator of the Small 
                Business Administration under section 36 of the Small 
                Business Act''.

    (c) <<NOTE: 15 USC 657f note.>>  Additional Requirements for 
Database.--
            (1) <<NOTE: Time period.>>  Administrator access to database 
        before the transfer date.--During the period between the date of 
        the enactment of this Act and the transfer date, the Secretary 
        of Veterans Affairs shall provide the Administrator of the Small 
        Business Administration with access to the contents of the 
        database described under section 8127(f) of title 38, United 
        States Code.
            (2) Rule of construction.--Nothing in this section or the 
        amendments made by this section may be construed--
                    (A) as prohibiting the Administrator of the Small 
                Business Administration from combining the contents of 
                the database described under section 8127(f) of title 
                38, United States Code, with other databases maintained 
                by the Administration; or
                    (B) as requiring the Administrator to use any system 
                or technology related to the database described under 
                section 8127(f) of title 38, United States Code, on or 
                after the transfer date to comply with the requirement 
                to maintain a database under subsection (f) of section 
                36 of the Small Business Act (as transferred pursuant to 
                subsection (b)(2) of this section).
            (3) Recognition of the issuance of joint regulations.--The 
        date specified under section 1832(e) of the National Defense 
        Authorization Act for Fiscal Year 2017 (15 U.S.C. 632 note) 
        shall be deemed to be October 1, 2018.

    (d) Procurement Program for Small Business Concerns Owned and 
Controlled by Service-disabled Veterans.--
            (1) Procurement program for small business concerns owned 
        and controlled by service-disabled veterans.--Section 36 of the 
        Small Business Act (15 U.S.C. 657f) is amended--
                    (A) by redesignating subsection (d) as paragraph 
                (3), adjusting the margin accordingly, and transferring 
                such paragraph to subsection (h) of such section, as 
                added by subparagraph (F) of this paragraph, so as to 
                appear after paragraph (2);
                    (B) by striking subsection (e);
                    (C) by redesignating subsections (a), (b), and (c) 
                as subsections (c), (d), and (e) respectively;
                    (D) by inserting before subsection (c), as so 
                redesignated, the following new subsections:

    ``(a) Contracting Officer Defined.--For purposes of this section, 
the term `contracting officer' has the meaning given such term in 
section 2101 of title 41, United States Code.
    ``(b) Certification of Small Business Concerns Owned and Controlled 
by Service-Disabled Veterans.--With respect to a procurement program or 
preference established under this Act that applies to prime contractors, 
the Administrator shall--

[[Page 134 STAT. 3780]]

            ``(1) certify the status of a concern as a small business 
        concern owned and controlled by service-disabled veterans; and
            ``(2) require the periodic recertification of such 
        status.'';
                    (E) in subsection (d), as so redesignated, by 
                inserting ``certified under subsection (b)'' before ``if 
                the contracting officer'';
                    (F) by adding at the end the following new 
                subsections:

    ``(g) Certification Requirement.--Notwithstanding subsection (c), a 
contracting officer may only award a sole source contract to a small 
business concern owned and controlled by service-disabled veterans or a 
contract on the basis of competition restricted to small business 
concerns owned and controlled by service-disabled veterans if such a 
concern is certified by the Administrator as a small business concern 
owned and controlled by service-disabled veterans.
    ``(h) Enforcement; Penalties.--
            ``(1) <<NOTE: Procedures.>>  Verification of eligibility.--
        In carrying out this section, the Administrator shall establish 
        procedures relating to--
                    ``(A) the filing, investigation, and disposition by 
                the Administration of any challenge to the eligibility 
                of a small business concern to receive assistance under 
                this section (including a challenge, filed by an 
                interested party, relating to the veracity of a 
                certification made or information provided to the 
                Administration by a small business concern under 
                subsection (b)); and
                    ``(B) verification by the Administrator of the 
                accuracy of any certification made or information 
                provided to the Administration by a small business 
                concern under subsection (b).
            ``(2) Examinations.--The procedures established under 
        paragraph (1) shall provide for a program of examinations by the 
        Administrator of any small business concern making a 
        certification or providing information to the Administrator 
        under subsection (b), to determine the veracity of any 
        statements or information provided as part of such certification 
        or otherwise provided under subsection (b).

    ``(i) Provision of Data.--Upon the request of the Administrator, the 
head of any Federal department or agency shall promptly provide to the 
Administrator such information as the Administrator determines to be 
necessary to carry out subsection (b) or to be able to certify the 
status of the concern as a small business concern owned and controlled 
by veterans under section 36A.''; and
                    (G) in paragraph (3) of subsection (h), as 
                redesignated and transferred by subparagraph (A) of this 
                paragraph, by inserting ``and section 36A'' before the 
                period at the end.
            (2) Penalties for misrepresentation.--Section 16 of the 
        Small Business Act (15 U.S.C. 645) is amended--
                    (A) in subsection (d)(1)--
                          (i) in the matter preceding subparagraph (A)--
                                    (I) by striking the comma that 
                                immediately follows another comma; and
                                    (II) by striking ``, a `small'' and 
                                inserting ``, a `small business concern 
                                owned and controlled

[[Page 134 STAT. 3781]]

                                by service-disabled veterans', a `small 
                                business concern owned and controlled by 
                                veterans', a `small''; and
                          (ii) in subparagraph (A), by striking ``9, 15, 
                      or 31'' and inserting ``8, 9, 15, 31, 36, or 
                      36A''; and
                    (B) in subsection (e)--
                          (i) by striking the comma that immediately 
                      follows another comma; and
                          (ii) by striking ``, a `small'' and inserting 
                      ``, a `small business concern owned and controlled 
                      by service-disabled veterans', a `small business 
                      concern owned and controlled by veterans', a 
                      `small''.

    (e) Certification for Small Business Concerns Owned and Controlled 
by Veterans.--The Small Business Act (15 U.S.C. 631 et seq.) is amended 
by inserting after section 36 the following new section:
``SEC. 36A. <<NOTE: 15 USC 657f-1.>>  CERTIFICATION OF SMALL 
                        BUSINESS CONCERNS OWNED AND CONTROLLED BY 
                        VETERANS.

    ``(a) In General.--With respect to the program established under 
section 8127 of title 38, United States Code, the Administrator shall--
            ``(1) certify the status of a concern as a small business 
        concern owned and controlled by veterans; and
            ``(2) require the periodic recertification of such status.

    ``(b) Enforcement; Penalties.--
            ``(1) <<NOTE: Procedures.>>  Verification of eligibility.--
        In carrying out this section, the Administrator shall establish 
        procedures relating to--
                    ``(A) the filing, investigation, and disposition by 
                the Administration of any challenge to the eligibility 
                of a small business concern to receive assistance under 
                section 36 (including a challenge, filed by an 
                interested party, relating to the veracity of a 
                certification made or information provided to the 
                Administration by a small business concern under 
                subsection (a)); and
                    ``(B) verification by the Administrator of the 
                accuracy of any certification made or information 
                provided to the Administration by a small business 
                concern under subsection (a).
            ``(2) Examination of applicants.--The procedures established 
        under paragraph (1) shall provide for a program of examinations 
        by the Administrator of any small business concern making a 
        certification or providing information to the Administrator 
        under subsection (a), to determine the veracity of any 
        statements or information provided as part of such certification 
        or otherwise provided under subsection (a).''.

    (f) <<NOTE: 15 USC 657f note.>>  Status of Self-certified Small 
Business Concerns Owned and Controlled by Service-disabled Veterans.--
            (1) <<NOTE: Time periods.>>  In general.--Notwithstanding 
        any other provision of law, any small business concern (as 
        defined under section 3 of the Small Business Act (15 U.S.C. 
        632)) that self-certified as a small business concern owned and 
        controlled by service-disabled veterans (as defined in section 
        36 of such Act (15 U.S.C. 657f)) shall--
                    (A) if the concern files a certification application 
                with the Administrator of the Small Business 
                Administration

[[Page 134 STAT. 3782]]

                before the end of the 1-year period beginning on the 
                transfer date, maintain such self-certification until 
                the Administrator makes a determination with respect to 
                such certification; and
                    (B) if the concern does not file such a 
                certification application before the end of the 1-year 
                period beginning on the transfer date, lose, at the end 
                of such 1-year period, any self-certification of the 
                concern as a small business concern owned and controlled 
                by service-disabled veterans.
            (2) Non-applicability to department of veterans affairs.--
        Paragraph (1) shall not apply to participation in contracts 
        (including subcontracts) with the Department of Veterans 
        Affairs.
            (3) <<NOTE: Requirements. Public information.>>  Notice.--
        The Administrator shall notify any small business concern that 
        self-certified as a small business concern owned and controlled 
        by service-disabled veterans about the requirements of this 
        section and the amendments made by this section, including the 
        transfer date, and make such notice publicly available, on the 
        date of the enactment of this Act.

    (g) Transfer of the Center for Verification and Evaluation of the 
Department of Veterans Affairs to the Small Business Administration.--
            (1) Definition.--In this subsection, the term ``function''--
                    (A) means any duty, obligation, power, authority, 
                responsibility, right, privilege, activity, or program; 
                and
                    (B) does not include employees.
            (2) <<NOTE: Effective date.>>  Abolishment.--The Center for 
        Verification and Evaluation of the Department of Veterans 
        Affairs, as defined under section 74.1 of title 38, Code of 
        Federal Regulations, is abolished effective on the transfer 
        date.
            (3) <<NOTE: Effective date.>>  Transfer of functions.--
        Effective on the transfer date, all functions that, immediately 
        before the transfer date, were functions of the Center for 
        Verification and Evaluation shall be functions of the Small 
        Business Administration.
            (4) <<NOTE: President.>>  Transfer of assets.--So much of 
        the property (including contracts for the procurement of 
        property or services) and records used, held, available, or to 
        be made available in connection with a function transferred 
        under this subsection shall be available to the Small Business 
        Administration at such time or times as the President directs 
        for use in connection with the functions transferred.
            (5) Savings provisions.--
                    (A) Continuing effect of legal documents.--All 
                orders, determinations, rules, regulations, permits, 
                agreements, grants, contracts, certificates, licenses, 
                registrations, privileges, and other administrative 
                actions--
                          (i) which have been issued, made, granted, or 
                      allowed to become effective by the President, any 
                      Federal agency or official thereof, or by a court 
                      of competent jurisdiction, in the performance of 
                      functions which are transferred under this 
                      subsection; and
                          (ii) which are in effect on the transfer date, 
                      or were final before the transfer date and are to 
                      become effective on or after the transfer date,
                shall continue in effect according to their terms until 
                modified, terminated, superseded, set aside, or revoked 
                in accordance with law by the President, the 
                Administrator

[[Page 134 STAT. 3783]]

                of the Small Business Administration or other authorized 
                official, a court of competent jurisdiction, or by 
                operation of law.
                    (B) Proceedings not affected.--The provisions of 
                this subsection shall not affect any proceedings, 
                including notices of proposed rulemaking, or any 
                application for any license, permit, certificate, or 
                financial assistance pending before the Department of 
                Veterans Affairs on the transfer date, with respect to 
                functions transferred by this subsection but such 
                proceedings and applications shall be continued. Orders 
                shall be issued in such proceedings, appeals shall be 
                taken therefrom, and payments shall be made pursuant to 
                such orders, as if this subsection had not been enacted, 
                and orders issued in any such proceedings shall continue 
                in effect until modified, terminated, superseded, or 
                revoked by a duly authorized official, by a court of 
                competent jurisdiction, or by operation of law. Nothing 
                in this subparagraph shall be deemed to prohibit the 
                discontinuance or modification of any such proceeding 
                under the same terms and conditions and to the same 
                extent that such proceeding could have been discontinued 
                or modified if this subsection had not been enacted.
                    (C) Suits not affected.--The provisions of this 
                subsection shall not affect suits commenced before the 
                transfer date, and in all such suits, proceedings shall 
                be had, appeals taken, and judgments rendered in the 
                same manner and with the same effect as if this 
                subsection had not been enacted.
                    (D) Nonabatement of actions.--No suit, action, or 
                other proceeding commenced by or against the Department 
                of Veterans Affairs, or by or against any individual in 
                the official capacity of such individual as an officer 
                of the Department of Veterans Affairs, shall abate by 
                reason of the enactment of this subsection.
                    (E) Administrative actions relating to promulgation 
                of regulations.--Any administrative action relating to 
                the preparation or promulgation of a regulation by the 
                Department of Veterans Affairs relating to a function 
                transferred under this subsection may be continued by 
                the Administrator of the Small Business Administration 
                with the same effect as if this subsection had not been 
                enacted.
                    (F) Effect on personnel.--The Secretary of Veterans 
                Affairs shall appoint any employee represented by a 
                labor organization accorded exclusive recognition under 
                section 7111 of title 5, United States Code, that is 
                affected by the transfer of functions under this 
                subsection to a position of a continuing nature for 
                which the employee is qualified, at a grade and 
                compensation not lower than the current grade and 
                compensation of the employee.
            (6) References.--Any reference in any other Federal law, 
        Executive order, rule, regulation, or delegation of authority, 
        or any document of or pertaining to a function of the Center for 
        Verification and Evaluation that is transferred under this 
        subsection is deemed, after the transfer date, to refer to the 
        Small Business Administration.

    (h) <<NOTE: Time period.>>  Report.--Not later than 1 year after the 
date of the enactment of this Act, and every 6 months thereafter until 
the transfer

[[Page 134 STAT. 3784]]

date, the Administrator of the Small Business Administration and 
Secretary of Veterans Affairs shall jointly submit to the Committee on 
Appropriations, the Committee on Small Business, and the Committee on 
Veterans' Affairs of the House of Representatives and the Committee on 
Appropriations, the Committee on Small Business and Entrepreneurship, 
and the Committee on Veterans' Affairs of the Senate a report on the 
planning for the transfer of functions and property required under this 
section and the amendments made by this section on the transfer date, 
which shall include--
            (1) a discussion of whether and how the verification 
        database and operations of the Center for Verification and 
        Evaluation of the Department of Veterans Affairs will be 
        incorporated into the existing certification database of the 
        Small Business Administration;
            (2) projections for the numbers and timing, in terms of 
        fiscal year, of--
                    (A) already verified concerns that will come up for 
                recertification; and
                    (B) self-certified concerns that are expected to 
                apply for certification;
            (3) an explanation of how outreach to veteran service 
        organizations, the service-disabled veteran-owned and veteran-
        owned small business community, and other stakeholders will be 
        conducted; and
            (4) other pertinent information determined by the 
        Administrator and the Secretary.
SEC. 863. EMPLOYMENT SIZE STANDARD REQUIREMENTS FOR SMALL BUSINESS 
                        CONCERNS.

    (a) In General.--Section 3(a)(2) of the Small Business Act (15 
U.S.C. 632(a)(2)) is amended--
            (1) in subparagraph (A), by inserting ``and subject to the 
        requirements specified under subparagraph (C)'' after 
        ``paragraph (1)''; and
            (2) in subparagraph (C)--
                    (A) by inserting ``(including the Administration 
                when acting pursuant to subparagraph (A))'' after ``no 
                Federal department or agency''; and
                    (B) in clause (ii)(I) by striking ``12 months'' and 
                inserting ``24 months''.

    (b) <<NOTE: 15 USC 632 note.>>  Effective Date.--This section and 
the amendments made by this section shall take effect 1 year after the 
date of the enactment of this Act.
SEC. 864. MAXIMUM AWARD PRICE FOR SOLE SOURCE MANUFACTURING 
                        CONTRACTS.

    The Small Business Act (15 U.S.C. 631 et seq.) is amended--
            (1) in section 8 (15 U.S.C. 637)--
                    (A) in subsection (a)(1)(D)(i)(II), by striking 
                ``$5,000,000'' and inserting ``$7,000,000''; and
                    (B) in subsection (m)--
                          (i) in paragraph (7)(B)(i), by striking 
                      ``$6,500,000'' and inserting ``$7,000,000''; and
                          (ii) in paragraph (8)(B)(i), by striking 
                      ``$6,500,000'' and inserting ``$7,000,000'';
            (2) in section 31(c)(2)(A)(ii)(I) (15 U.S.C. 
        657a(c)(2)(A)(ii)(I)), by striking ``$5,000,000'' and inserting 
        ``$7,000,000''; and

[[Page 134 STAT. 3785]]

            (3) <<NOTE: 15 USC 657f.>>  in section 36(c)(2)(A), as so 
        redesignated by section 862(d)(1)(C), by striking ``$5,000,000'' 
        and inserting ``$7,000,000''.
SEC. 865. REPORTING REQUIREMENT ON EXPENDITURE AMOUNTS FOR THE 
                        SMALL BUSINESS INNOVATION RESEARCH PROGRAM 
                        AND THE SMALL BUSINESS TECHNOLOGY TRANSFER 
                        PROGRAM.

    Section 9 of the Small Business Act (15 U.S.C. 638) is amended--
            (1) in subsection (b)(7)--
                    (A) in subparagraph (F), by striking ``and'' at the 
                end;
                    (B) in subparagraph (G), by adding ``and'' after the 
                semicolon at the end; and
                    (C) by adding at the end the following:
                    ``(H) with respect to a Federal agency to which 
                subsection (f)(1) or (n)(1) applies, whether the Federal 
                agency has complied with the applicable subsection for 
                the year covered by the report;'';
            (2) in subsection (g)(10), by inserting ``, which section 
        shall describe whether or not the Federal agency complied with 
        the requirements of subsection (f) for the year covered by that 
        plan and include a justification for failure to comply (if 
        applicable),'' after ``a section on its SBIR program''; and
            (3) in subsection (o)(8), by inserting ``, which section 
        shall describe whether or not the Federal agency complied with 
        the requirements of subsection (n) for the year covered by that 
        plan and include a justification for failure to comply (if 
        applicable),'' after ``a section on its STTR program''.
SEC. 866. SMALL BUSINESSES IN TERRITORIES OF THE UNITED STATES.

    (a) Definition of Covered Territory Business.--
            (1) In general.--Section 3 of the Small Business Act (15 
        U.S.C. 632) is amended by adding at the end the following new 
        subsection:

    ``(ff) Covered Territory Business.--In this Act, the term `covered 
territory business' means a small business concern that has its 
principal office located in one of the following:
            ``(1) The United States Virgin Islands.
            ``(2) American Samoa.
            ``(3) Guam.
            ``(4) The Northern Mariana Islands.''.
            (2) Conforming amendment.--Section 15(x) of the Small 
        Business Act (15 U.S.C. 644(x)) is amended by striking paragraph 
        (3).

    (b) Priority for Surplus Property Transfers.--Section 
7(j)(13)(F)(iii) of the Small Business Act (15 U.S.C. 
636(j)(13)(F)(iii)) is amended--
            (1) <<NOTE: Time periods.>>  in subclause (I), by striking 
        ``means'' and all that follows through the period at the end and 
        inserting the following: ``means--
                          ``(aa) in the case of a Puerto Rico business, 
                      the period beginning on August 13, 2018, and 
                      ending on the date on which the Oversight Board 
                      established under section 2121 of title 48 
                      terminates; and
                          ``(bb) in the case of a covered territory 
                      business, the period beginning on the date of the 
                      enactment

[[Page 134 STAT. 3786]]

                      of this item and ending on the date that is 4 
                      years after such date of enactment.''; and
            (2) in subclause (II)--
                    (A) by inserting ``or a covered territory business'' 
                after ``a Puerto Rico business''; and
                    (B) by striking ``the Puerto Rico business'' each 
                place it appears and inserting ``either such business''.

    (c) Contracting Incentives for Protege Firms That Are Covered 
Territory Businesses.--
            (1) Contracting incentives.--Section 45(a) of the Small 
        Business Act (15 U.S.C. 657r(a)) is amended by adding at the end 
        the following new paragraph:
            ``(4) <<NOTE: Time period.>>  Covered territory 
        businesses.--During the period beginning on the date of the 
        enactment of this paragraph and ending on the date that is 4 
        years after such date of enactment, the Administrator shall 
        identify potential incentives to a covered territory mentor that 
        awards a subcontract to its covered territory protege, 
        including--
                    ``(A) positive consideration in any past performance 
                evaluation of the covered territory mentor; and
                    ``(B) the application of costs incurred for 
                providing training to such covered territory protege to 
                the subcontracting plan (as required under paragraph (4) 
                or (5) of section 8(d)) of the covered territory 
                mentor.''.
            (2) Mentor-protege relationships.--Section 45(b)(3)(A) of 
        the Small Business Act (15 U.S.C. 657r(b)(3)(A)) is amended by 
        striking ``relationships are'' and all that follows through the 
        period at the end and inserting the following: ``relationships--
                          ``(i) are between a covered protege and a 
                      covered mentor; or
                          ``(ii) are between a covered territory protege 
                      and a covered territory mentor.''.
            (3) Definitions.--Section 45(d) of the Small Business Act 
        (15 U.S.C. 657r(d)) is amended by adding at the end the 
        following new paragraphs:
            ``(6) Covered territory mentor.--The term `covered territory 
        mentor' means a mentor that enters into an agreement under this 
        Act, or under any mentor-protege program approved under 
        subsection (b)(1), with a covered territory protege.
            ``(7) Covered territory protege.--The term `covered 
        territory protege' means a protege of a covered territory mentor 
        that is a covered territory business.''.
SEC. 867. ELIGIBILITY OF THE COMMONWEALTH OF THE NORTHERN MARIANA 
                        ISLANDS FOR CERTAIN SMALL BUSINESS 
                        ADMINISTRATION PROGRAMS.

    The Small Business Act (15 U.S.C. 631 et seq.) is amended--
            (1) <<NOTE: 15 USC 648.>>  in section 21(a)--
                    (A) in paragraph (1), by inserting before ``The 
                Administration shall require'' the following: ``The 
                previous sentence shall not apply to an applicant that 
                has its principal office located in the Commonwealth of 
                the Northern Mariana Islands.''; and
                    (B) in paragraph (4)(C)(ix), by striking ``and 
                American Samoa'' and inserting ``American Samoa, and the 
                Commonwealth of the Northern Mariana Islands''; and

[[Page 134 STAT. 3787]]

            (2) <<NOTE: 15 USC 657d.>>  in section 34(a)(9), by striking 
        ``and American Samoa'' and inserting ``American Samoa, and the 
        Commonwealth of the Northern Mariana Islands''.
SEC. 868. PAST PERFORMANCE RATINGS OF CERTAIN SMALL BUSINESS 
                        CONCERNS.

    (a) Past Performance Ratings of Joint Ventures for Small Business 
Concerns.--Section 15(e) of the Small Business Act (15 U.S.C. 644(e)) is 
amended by adding at the end the following new paragraph:
            
        ``(5) <<NOTE: Evaluation. Contracts. Regulations. Requirements.>> 
         Past performance ratings of joint ventures for small business 
        concerns.--With respect to evaluating an offer for a prime 
        contract made by a small business concern that previously 
        participated in a joint venture with another business concern 
        (whether or not such other business concern was a small business 
        concern), the Administrator shall establish regulations--
                    ``(A) allowing the small business concern to elect 
                to use the past performance of the joint venture if the 
                small business concern has no relevant past performance 
                of its own;
                    ``(B) requiring the small business concern, when 
                making an election under subparagraph (A)--
                          ``(i) to identify to the contracting officer 
                      the joint venture of which the small business 
                      concern was a member; and
                          ``(ii) to inform the contracting officer what 
                      duties and responsibilities the small business 
                      concern carried out as part of the joint venture; 
                      and
                    ``(C) requiring a contracting officer, if the small 
                business concern makes an election under subparagraph 
                (A), to consider the past performance of the joint 
                venture when evaluating the past performance of the 
                small business concern, giving due consideration to the 
                information provided under subparagraph (B)(ii).''.

    (b) Past Performance Ratings of First-tier Small Business 
Subcontractors.--Section 8(d)(17) of the Small Business Act (15 U.S.C. 
637(d)(l7)) is amended to read as follows:
            ``(17) <<NOTE: Records.>>  Past performance ratings for 
        certain small business subcontractors.--Upon request by a small 
        business concern that performed as a first tier subcontractor on 
        a covered contract (as defined in paragraph (13)(A)), the prime 
        contractor for such covered contract shall submit to such small 
        business concern a record of past performance for such small 
        business concern with respect to such covered contract. If a 
        small business concern elects to use such record of past 
        performance, a contracting officer shall consider such record of 
        past performance when evaluating an offer for a prime contract 
        made by such small business concern.''.

    (c) <<NOTE: Deadline. 15 USC 637 note.>>  Rulemaking.--Not later 
than 120 days after the date of the enactment of this Act, the 
Administrator of the Small Business Administration shall issue rules to 
carry out this section and the amendments made by this section.
SEC. 869. <<NOTE: 15 USC 637 note.>>  EXTENSION OF PARTICIPATION 
                        IN 8(A) PROGRAM.

    (a) <<NOTE: Effective date. Time period.>>  In General.--The 
Administrator of the Small Business Administration shall ensure that a 
small business concern participating in the program established under 
section 8(a) of the Small

[[Page 134 STAT. 3788]]

Business Act (15 U.S.C. 637) on or before September 9, 2020, may elect 
to extend such participation by a period of 1 year, regardless of 
whether such concern previously elected to suspend participation in such 
program pursuant to guidance of the Administrator.

    (b) <<NOTE: Deadline.>>  Emergency Rulemaking Authority.--Not later 
than 15 days after the date of enactment of this section, the 
Administrator shall issue regulations to carry out this section without 
regard to the notice requirements under section 553(b) of title 5, 
United States Code.
SEC. 870. <<NOTE: 15 USC 644 note.>>  COMPLIANCE OF OFFICES OF 
                        SMALL BUSINESS AND DISADVANTAGED BUSINESS 
                        UTILIZATION.

    (a) Report.--If the Comptroller General of the United States has 
determined that a Director of Small and Disadvantaged Business 
Utilization of a Federal agency is not in compliance with the 
requirements of section 15(k) of the Small Business Act (15 U.S.C. 
644(k)), such Director shall submit, not later than the specified date, 
to the Committee on Small Business and Entrepreneurship of the Senate 
and the Committee on Small Business of the House of Representatives a 
report that includes the reasons for such noncompliance and the specific 
actions the Director shall take to remedy such noncompliance.
    (b) Specified Date Defined.--In this section, the term ``specified 
date'' means the later of--
            (1) the date that is 120 days after the date on which a 
        determination is made under subsection (a); and
            (2) 120 days after the date of the enactment of this Act.
SEC. 871. <<NOTE: 15 USC 631 note.>>  CATEGORY MANAGEMENT 
                        TRAINING.

    (a) <<NOTE: Deadline. Coordination.>>  In General.--Not later than 8 
months after the date of the enactment of this section, the 
Administrator of the Small Business Administration, in coordination with 
the Administrator of the Office of Federal Procurement Policy and any 
other head of a Federal agency (as determined by the Administrator), 
shall develop a training curriculum on category management for staff of 
Federal agencies with procurement or acquisition responsibilities. Such 
training shall include--
            (1) best practices for procuring goods and services from 
        small business concerns (as defined under section 3 of the Small 
        Business Act (15 U.S.C. 632)); and
            (2) information on avoiding conflicts with the requirements 
        of the Small Business Act (15 U.S.C. 631 et seq.).

    (b) Use of Curriculum.--The Administrator of the Small Business 
Administration--
            (1) shall ensure that staff for Federal agencies described 
        in subsection (a) receive the training described in such 
        subsection; and
            (2) may request the assistance of the relevant Director of 
        Small and Disadvantaged Business Utilization (as described in 
        section 15(k) of the Small Business Act (15 U.S.C. 644(k))) to 
        carry out the requirements of paragraph (1).

    (c) <<NOTE: Records.>>  Submission to Congress.--The Administrator 
of the Small Business Administration shall provide a copy of the 
training curriculum developed under subsection (a) to the Committee on 
Small Business of the House of Representatives and the Committee on 
Small Business and Entrepreneurship of the Senate.

[[Page 134 STAT. 3789]]

    (d) Category Management Defined.--In this section, the term 
``category management'' has the meaning given by the Director of the 
Office of Management and Budget.

                        Subtitle F--Other Matters

SEC. 881. <<NOTE: Reimbursement.>>  REVIEW OF AND REPORT ON 
                        OVERDUE ACQUISITION AND CROSS-SERVICING 
                        AGREEMENT TRANSACTIONS.

    (a) Review.--The Secretary of Defense, acting through the official 
designated to provide oversight of acquisition and cross-servicing 
agreements under section 2342(f) of title 10, United States Code, shall 
conduct a review of acquisition and cross-servicing agreement 
transactions for which reimbursement to the United States is overdue 
under section 2345 of such title.
    (b) Report.--
            (1) In general.--Not later than March 1, 2021, the 
        designated official described in subsection (a) shall submit to 
        the congressional defense committees a report on the results of 
        the review of acquisition and cross-servicing agreement 
        transactions described in such subsection.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:
                    (A) For each such transaction valued at $1,000,000 
                or more for which reimbursement to the United States was 
                overdue as of October 1, 2020--
                          (i) the total amount of the transaction;
                          (ii) the unreimbursed balance of the 
                      transaction;
                          (iii) the date on which the transaction was 
                      originally made;
                          (iv) the date on which the most recent request 
                      for payment was sent to the relevant foreign 
                      government or international organization; and
                          (v) <<NOTE: Plan.>>  a plan for securing 
                      reimbursement from the foreign government or 
                      international organization.
                    (B) A description of the steps taken to implement 
                the recommendations made in the March 4, 2020, report of 
                the Government Accountability Office titled ``Defense 
                Logistics Agreements: DOD Should Improve Oversight and 
                Seek Payment from Foreign Partners for Thousands of 
                Orders It Identifies as Overdue'', including efforts to 
                validate data reported under this subsection and in the 
                system of the Department of Defense to record data on 
                acquisition and cross-servicing agreement transactions.
                    (C) The amount of reimbursement received from a 
                foreign government or international organization, as 
                applicable, for each order--
                          (i) for which the reimbursement is recorded as 
                      overdue in the system of the Department of Defense 
                      to record data on acquisition and cross-servicing 
                      agreement transactions; and
                          (ii) <<NOTE: Time period.>>  that was 
                      authorized during the period beginning on October 
                      1, 2013, and ending on September 30, 2020.
                    (D) <<NOTE: Plan. Records.>>  A plan for improving 
                recordkeeping of acquisition and cross-servicing 
                agreement transactions and ensuring

[[Page 134 STAT. 3790]]

                timely reimbursement by a foreign government or 
                international organization.
                    (E) Any other matter considered relevant by the 
                designated official described in subsection (a).
SEC. 882. DOMESTIC COMPARATIVE TESTING ACTIVITIES.

    Section 2350a(g) of title 10, United States Code, is amended--
            (1) in paragraph (1)--
                    (A) in subparagraph (A)--
                          (i) by striking ``conventional defense 
                      equipment, munitions, and technologies 
                      manufactured and developed by countries referred 
                      to in subsection (a)(2)'' and inserting ``covered 
                      equipment, munitions, and technologies''; and
                          (ii) by striking ``such equipment, munitions, 
                      and technologies'' and inserting ``such covered 
                      equipment, munitions, and technologies''; and
                    (B) in subparagraph (B), by inserting ``such 
                covered'' before ``equipment, munitions, and 
                technologies'';
            (2) in paragraph (2), by striking ``equipment, munitions, 
        and technologies of the type described in paragraph (1)'' and 
        inserting ``covered equipment, munitions, and technologies''; 
        and
            (3) by adding at the end the following new paragraph:

    ``(4) Covered Equipment, Munitions, and Technologies Defined.--In 
this subsection, the term `covered equipment, munitions, and 
technologies' means--
    ``(A) conventional defense equipment, munitions, and technologies 
manufactured and developed by countries referred to in subsection 
(a)(2); and
    ``(B) conventional defense equipment, munitions, and technologies 
manufactured and developed domestically.''.
SEC. 883. <<NOTE: 10 USC 4701 note.>>  PROHIBITION ON AWARDING OF 
                        CONTRACTS TO CONTRACTORS THAT REQUIRE 
                        NONDISCLOSURE AGREEMENTS RELATING TO 
                        WASTE, FRAUD, OR ABUSE.

    (a) In General.--The Secretary of Defense may not award a contract 
for the procurement of goods or services to a contractor unless the 
contractor represents that--
            (1) it does not require its employees to sign internal 
        confidentiality agreements or statements that would prohibit or 
        otherwise restrict such employees from lawfully reporting waste, 
        fraud, or abuse related to the performance of a Department of 
        Defense contract to a designated investigative or law 
        enforcement representative of the Department of Defense 
        authorized to receive such information; and
            (2) it will inform its employees of the limitations on 
        confidentiality agreements and other statements described in 
        paragraph (1).

    (b) Reliance on Representation.--A contracting officer of the 
Department of Defense may rely on the representation of a contractor as 
to the requirements described under subsection (a) in awarding a 
contract unless the officer has reason to question the accuracy of the 
representation.
SEC. 884. PROGRAM MANAGEMENT IMPROVEMENT OFFICERS AND PROGRAM 
                        MANAGEMENT POLICY COUNCIL.

    Section 1126 of title 31, United States Code, is amended--

[[Page 134 STAT. 3791]]

            (1) in subsection (a)(1), by inserting after ``senior 
        executive of the agency'' the following: ``, who has significant 
        program and project management oversight responsibilities,''; 
        and
            (2) in subsection (b)(4) by striking ``twice'' and inserting 
        ``four times''.
SEC. 885. DISCLOSURE OF BENEFICIAL OWNERS IN DATABASE FOR FEDERAL 
                        AGENCY CONTRACT AND GRANT OFFICERS.

    Section 2313(d) of title 41, United States Code, is amended--
            (1) in paragraph (3), by inserting ``, and an identification 
        of any beneficial owner of such corporation,'' after ``to the 
        corporation''; and
            (2) by adding at the end the following new paragraph:
            ``(4) Definitions.--In this subsection:
                    ``(A) Beneficial ownership.--The term `beneficial 
                ownership' has the meaning given under section 847 of 
                the National Defense Authorization Act for Fiscal Year 
                2020 (Public Law 116-92; 133 Stat. 1505; 10 U.S.C. 2509 
                note).
                    ``(B) Corporation.--The term `corporation' means any 
                corporation, company, limited liability company, limited 
                partnership, business trust, business association, or 
                other similar entity.''.
SEC. 886. REPEAL OF PILOT PROGRAM ON PAYMENT OF COSTS FOR DENIED 
                        GOVERNMENT ACCOUNTABILITY OFFICE BID 
                        PROTESTS.

    Section 827 of the National Defense Authorization Act for Fiscal 
Year 2018 (Public Law 115-91; 131 Stat. 1467; 10 U.S.C. 2304 note) is 
repealed.
SEC. 887. AMENDMENTS TO SUBMISSIONS TO CONGRESS RELATING TO 
                        CERTAIN FOREIGN MILITARY SALES.

    Section 887(b) of the National Defense Authorization Act for Fiscal 
Year 2018 (Public Law 115-91; 22 U.S.C. 2761 note) is amended--
            (1) by striking ``December 31, 2021'' each place it appears 
        and inserting ``December 31, 2022''; and
            (2) by adding at the end the following new paragraph:
            ``(3) Applicability.--The requirements of this subsection 
        apply only to foreign military sales processes within the 
        Department of Defense.''.
SEC. 888. REVISION TO REQUIREMENT TO USE FIRM FIXED-PRICE 
                        CONTRACTS FOR FOREIGN MILITARY SALES.

     <<NOTE: Repeal.>> Section 830 of the National Defense Authorization 
Act for Fiscal Year 2017 (22 U.S.C. 2762 note) is repealed.
SEC. 889. ASSESSMENT AND ENHANCEMENT OF NATIONAL SECURITY 
                        INNOVATION BASE.

    (a) In General.--The Secretary of Defense shall assess the economic 
forces and structures shaping the capacity of the national security 
innovation base, and develop policies to address such forces and 
structures.
    (b) <<NOTE: Reviews.>>  Elements.--The assessment required under 
subsection (a) shall review the following matters as they pertain to the 
innovative and manufacturing capacity of the national security 
innovation base:

[[Page 134 STAT. 3792]]

            (1) A detailed description of the entities comprising the 
        national security innovation base and how they currently 
        interact.
            (2) Competition and antitrust policy.
            (3) Immigration policy, including the policies germane to 
        the attraction and retention of skilled immigrants.
            (4) Education funding and policy.
            (5) Demand stabilization and social safety net policies.
            (6) The structure and incentives of financial markets and 
        the effects of such on the access of businesses to credit.
            (7) Trade policy, including export control policy and trade 
        remedies.
            (8) The tax code and its effect on investment, including the 
        Federal research and development tax credit.
            (9) Regulatory policy, including with respect to land use, 
        environmental impact, and construction and manufacturing 
        activities.
            (10) Economic and manufacturing infrastructure.
            (11) Intellectual property policy.
            (12) Federally funded investments in the economy, including 
        investments in research and development and advanced 
        manufacturing.
            (13) Federally funded purchases of goods and services.
            (14) Federally funded investments to expand domestic 
        manufacturing capabilities.
            (15) Coordination and collaboration with allies and 
        partners.
            (16) Measures to protect technological advantages over 
        adversaries and to counteract hostile or destabilizing activity 
        by adversaries.
            (17) Other matters as the Secretary of Defense deems 
        appropriate.

    (c) Engagement With Certain Entities.--In conducting the assessment 
required under subsection (a), the Secretary of Defense shall engage 
through appropriate mechanisms with--
            (1) the Defense Science Board;
            (2) the Defense Innovation Board;
            (3) the Defense Business Board;
            (4) entities representing industry interests; and
            (5) entities representing labor interests.

    (d) <<NOTE: Deadline. Recommenda- tions.>>  Submission of 
Assessment.--Not later than March 1, 2022, the Secretary of Defense 
shall submit to the President, the Director of the Office of Management 
and Budget, the Assistant to the President for National Security 
Affairs, the Director of the National Economic Council, and the 
congressional defense committees the assessment required under 
subsection (a), together with recommendations and any additional views 
of the Secretary.
SEC. 890. IDENTIFICATION OF CERTAIN CONTRACTS RELATING TO 
                        CONSTRUCTION OR MAINTENANCE OF A BORDER 
                        WALL.

    With respect to contract actions reported to the Federal Procurement 
Data system established pursuant to section 1122(a)(4) of title 41, 
United States Code (or any successor system), the Secretary of Defense 
shall identify any contracts (including any task order contract (as 
defined in section 2304d of title 10, United States Code) and any 
modifications to a contract) entered into by the Secretary relating to 
the construction or maintenance of

[[Page 134 STAT. 3793]]

a barrier along the international border between the United States and 
Mexico that have an estimated value greater than or equal to $7,000,000.
SEC. 891. <<NOTE: 10 USC 3804 note.>>  WAIVERS OF CERTAIN 
                        CONDITIONS FOR PROGRESS PAYMENTS UNDER 
                        CERTAIN CONTRACTS DURING THE COVID-19 
                        NATIONAL EMERGENCY.

    (a) Waiver of Progress Payments Requirements.--The Secretary of 
Defense may waive the requirements of section 2307(e)(2) of title 10, 
United States Code, with respect to progress payments for any 
undefinitized contractual action (as defined in section 2326 of title 
10, United States Code; in this section referred to as ``UCA'') if the 
Secretary determines that the waiver is necessary due to the national 
emergency for the Coronavirus Disease 2019 (COVID-19) and--
            (1) a contractor performing the contract for which a UCA is 
        entered into has not already received increased progress 
        payments from the Secretary of Defense on contractual actions 
        other than UCAs; or
            (2) a contractor performing the contract for which a UCA is 
        entered into, and that has received increased progress payments 
        from the Secretary of Defense on contractual actions other than 
        UCAs, can demonstrate that the contractor has promptly provided 
        the amount of the increase to any subcontractors (at any tier), 
        small business concerns (as defined under section 3 of the Small 
        Business Act (15 U.S.C. 632)), or suppliers of the contractor.

    (b) <<NOTE: Time period. Certification. Deadline.>>  
Definitization.--With respect to a UCA that not been definitized for a 
period of 180 days beginning on the date on which such UCA was entered 
into, the Secretary of Defense may only use the waiver authority 
described in subsection (a) if the Secretary (or a designee at a level 
not below the head of a contracting activity) provides a certification 
to the congressional defense committees that such UCA will be 
definitized within 60 days after the date on which the waiver is issued.

    (c) <<NOTE: Estimate.>>  Submission.--For each use of the waiver 
authority under subsection (a), the Secretary of Defense shall submit to 
the congressional defense committees an estimate of the amounts to be 
provided to subcontractors (at any tier), small business concerns, and 
suppliers, including an identification of the specific entities 
receiving an amount from an increased progress payment described under 
such subsection (a).

       TITLE IX--DEPARTMENT OF DEFENSE ORGANIZATION AND MANAGEMENT

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

Sec. 901. Repeal of position of Chief Management Officer of the 
           Department of Defense.
Sec. 902. Assistant Secretary of Defense for Special Operations and Low 
           Intensity Conflict and related matters.
Sec. 903. Assistant Secretary of Defense for Industrial Base Policy.
Sec. 904. Assistant Secretary of Defense for Energy, Installations, and 
           Environment.
Sec. 905. Office of Local Defense Community Cooperation.
Sec. 906. Input from the Vice Chief of the National Guard Bureau to the 
           Joint Requirements Oversight Council.
Sec. 907. Assignment of responsibility for the Arctic region within the 
           Office of the Secretary of Defense.

[[Page 134 STAT. 3794]]

Sec. 908. Modernization of process used by the Department of Defense to 
           identify, task, and manage Congressional reporting 
           requirements.

  Subtitle B--Other Department of Defense Organization and Management 
                                 Matters

Sec. 911. Reform of the Department of Defense.
Sec. 912. Limitation on reduction of civilian workforce.
Sec. 913. Chief Diversity Officer and Senior Advisors for Diversity and 
           Inclusion.
Sec. 914. Limitation on consolidation or transition to alternative 
           content delivery methods within the Defense Media Activity.

                     Subtitle C--Space Force Matters

Sec. 921. Office of the Chief of Space Operations.
Sec. 922. Clarification of Space Force and Chief of Space Operations 
           authorities.
Sec. 923. Amendments to Department of the Air Force provisions in title 
           10, United States Code.
Sec. 924. Amendments to other provisions of title 10, United States 
           Code.
Sec. 925. Amendments to provisions of law relating to pay and 
           allowances.
Sec. 926. Amendments to provisions of law relating to veterans' 
           benefits.
Sec. 927. Amendments to other provisions of the United States Code and 
           other laws.
Sec. 928. Applicability to other provisions of law.
Sec. 929. Temporary exemption from authorized daily average of members 
           in pay grades E-8 and E-9.
Sec. 930. Limitation on transfer of military installations to the 
           jurisdiction of the Space Force.
Sec. 931. Organization of the Space Force.

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

SEC. 901. REPEAL OF POSITION OF CHIEF MANAGEMENT OFFICER OF THE 
                        DEPARTMENT OF DEFENSE.

    (a) Repeal of Position.--
            (1) In general.--Section 132a of title 10, United States 
        Code is repealed.
            (2) Conforming repeals.--The following provisions of law are 
        repealed:
                    (A) Paragraph (2) of section 131(b) of title 10, 
                United States Code.
                    (B) <<NOTE: 5 USC 5313 note, 10 USC 131 note prec., 
                131 note, 132 notes, 132a notes.>>  Section 910 of the 
                National Defense Authorization Act for Fiscal Year 2018 
                (Public Law 115-91; 131 Stat. 1516).
            (3) Clerical amendment.--The table of sections at the 
        beginning of chapter 4 of title 10, United States 
        Code, <<NOTE: 10 USC 131 prec.>>  is amended by striking the 
        item relating to section 132a.
            (4) <<NOTE: 10 USC 131 note.>>  Effective date.--The repeals 
        and amendments made by this subsection shall take effect on the 
        date of the enactment of this Act.

    (b) Implementation. <<NOTE: Deadline. 10 USC 132a note.>> --Not 
later than one year after the date of the enactment of this Act--
            (1) each duty or responsibility that remains assigned to the 
        Chief Management Officer of the Department of Defense shall be 
        transferred to an officer or employee of the Department of 
        Defense designated by the Secretary of Defense, except that any 
        officer or employee so designated may not be an individual who 
        served as the Chief Management Officer before the date of the 
        enactment of this Act; and
            (2) the personnel, functions, and assets of the Office of 
        the Chief Management Officer shall be transferred to such other 
        organizations and elements of the Department as the Secretary 
        considers appropriate.

[[Page 134 STAT. 3795]]

    (c) References.--Any reference in any law, regulation, guidance, 
instruction, or other document of the Federal Government to the Chief 
Management Officer of the Department of Defense shall be deemed to refer 
to the applicable officer or employee of the Department of Defense 
designated by the Secretary of Defense under subsection (b)(1).
    (d) <<NOTE: Recommenda- tions.>>  Report.--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 such recommendations for legislative action as the Secretary 
considers appropriate for modifications to law to carry out this section 
and the repeals and amendments made by this section.
SEC. 902. ASSISTANT SECRETARY OF DEFENSE FOR SPECIAL OPERATIONS 
                        AND LOW INTENSITY CONFLICT AND RELATED 
                        MATTERS.

    (a) In General.--
            (1) Clarification of chain of administrative command.--
        Section 138(b)(2) of title 10, United States Code, is amended--
                    (A) by redesignating clauses (i), (ii), and (iii) of 
                subparagraph (B) as subclauses (I), (II), and (III), 
                respectively;
                    (B) by redesignating subparagraphs (A) and (B) as 
                clauses (i) and (ii), respectively;
                    (C) by inserting ``(A)'' after ``(2)'';
                    (D) in clause (i) of subparagraph (A), as 
                redesignated by this paragraph, by inserting before the 
                period at the end the following: ``through the 
                administrative chain of command specified in section 
                167(f) of this title;'' and
                    (E) by adding at the end the following new 
                subparagraph:

    ``(B) In the discharge of the responsibilities specified in 
subparagraph (A)(i), the Assistant Secretary is immediately subordinate 
to the Secretary of Defense. Unless otherwise directed by the President, 
no officer below the Secretary may intervene to exercise authority, 
direction, or control over the Assistant Secretary in the discharge of 
such responsibilities.''.
            (2) Technical amendment.--Subparagraph (A) of such section, 
        as redesignated by paragraph (1), is further amended in the 
        matter preceding clause (i), as so redesignated, by striking 
        ``section 167(j)'' and inserting ``section 167(k)''.

    (b) Fulfillment of Special Operations Responsibilities.--
            (1) In general.--Section 139b of title 10, United States 
        Code, is amended to read as follows:
``Sec. 139b. Secretariat for Special Operations; Special 
                  Operations Policy and Oversight Council

    ``(a) Secretariat for Special Operations.--
            ``(1) In general.--In order to fulfill the responsibilities 
        of the Assistant Secretary of Defense for Special Operations and 
        Low Intensity Conflict specified in section 138(b)(2)(A)(i) of 
        this title, there shall be within the Office of the Assistant 
        Secretary of Defense for Special Operations and Low Intensity 
        Conflict an office to be known as the `Secretariat for Special 
        Operations'.
            ``(2) Purpose.--The purpose of the Secretariat is to assist 
        the Assistant Secretary in exercising authority, direction, and

[[Page 134 STAT. 3796]]

        control with respect to the special operations-peculiar 
        administration and support of the special operations command, 
        including the readiness and organization of special operations 
        forces, resources and equipment, and civilian personnel as 
        specified in such section.
            ``(3) <<NOTE: Appointment.>>  Director.--The Director of the 
        Secretariat for Special Operations shall be appointed by the 
        Secretary of Defense from among individuals qualified to serve 
        as the Director. An individual serving as Director shall, while 
        so serving, be a member of the Senior Executive Service.
            ``(4) Administrative chain of command.--For purposes of the 
        support of the Secretariat for the Assistant Secretary in the 
        fulfillment of the responsibilities referred to in paragraph 
        (1), the administrative chain of command is as specified in 
        section 167(f) of this title. Unless otherwise directed by the 
        President, no officer below the Secretary of Defense (other than 
        the Assistant Secretary) may intervene to exercise authority, 
        direction, or control over the Secretariat in its support of the 
        Assistant Secretary in the discharge of such responsibilities.

    ``(b) Special Operations Policy and Oversight Council.--
            ``(1) In general.--In order to fulfill the responsibilities 
        specified in section 138(b)(2)(A)(i) of this title, the 
        Assistant Secretary of Defense for Special Operations and Low 
        Intensity Conflict shall establish and lead a team known as the 
        `Special Operation Policy and Oversight Council' (in this 
        subsection referred to as the `Council').
            ``(2) Purpose.--The purpose of the Council is to integrate 
        the functional activities of the headquarters of the Department 
        of Defense in order to most efficiently and effectively provide 
        for special operations forces and capabilities. In fulfilling 
        this purpose, the Council shall develop and continuously improve 
        policy, joint processes, and procedures that facilitate the 
        development, acquisition, integration, employment, and 
        sustainment of special operations forces and capabilities.
            ``(3) Membership.--The Council shall include the following:
                    ``(A) The Assistant Secretary.
                    ``(B) Appropriate senior representatives of each of 
                the following:
                          ``(i) The Under Secretary of Defense for 
                      Research and Engineering.
                          ``(ii) The Under Secretary of Defense for 
                      Acquisition and Sustainment.
                          ``(iii) The Under Secretary of Defense 
                      (Comptroller).
                          ``(iv) The Under Secretary of Defense for 
                      Personnel and Readiness.
                          ``(v) The Under Secretary of Defense for 
                      Intelligence.
                          ``(vi) The General Counsel of the Department 
                      of Defense.
                          ``(vii) The other Assistant Secretaries of 
                      Defense under the Under Secretary of Defense for 
                      Policy.
                          ``(viii) The military departments.
                          ``(ix) The Joint Staff.
                          ``(x) The United States Special Operations 
                      Command.

[[Page 134 STAT. 3797]]

                          ``(xi) Such other officers or Agencies, 
                      elements, or components of the Department of 
                      Defense as the Secretary of Defense considers 
                      appropriate.
            ``(4) Operation.--The Council shall operate continuously.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 4 of such title is <<NOTE: 10 USC 131 
        prec.>>  amended by striking the item relating to section 139b 
        and inserting the following new item:

``139b. Secretariat for Special Operations; Special Operations Policy 
           and Oversight Council.''.

    (c) <<NOTE: 10 USC 138 note.>>  DoD Directive on Responsibilities of 
ASD SOLIC.--
            (1) <<NOTE: Deadline. Publication. Procedures.>>  In 
        general.--Not later than 180 days after the date of the 
        enactment of this Act, the Secretary of Defense shall publish a 
        Department of Defense directive establishing policy and 
        procedures related to the exercise of authority, direction, and 
        control of all special-operations peculiar administrative 
        matters relating to the organization, training, and equipping of 
        special operations forces by the Assistant Secretary of Defense 
        for Special Operations and Low Intensity Conflict as specified 
        by section 138(b)(2)(A)(i) of title 10, United States Code, as 
        amended by subsection (a)(1).
            (2) Matters for including.--The directive required by 
        paragraph (1) shall include the following:
                    (A) A specification of responsibilities for 
                coordination on matters affecting the organization, 
                training, and equipping of special operations forces.
                    (B) An identification and specification of updates 
                to applicable documents and instructions of the 
                Department of Defense.
                    (C) Mechanisms to ensure the inclusion of the 
                Assistant Secretary in all Departmental governance 
                forums affecting the organization, training, and 
                equipping of special operations forces.
                    (D) Such other matters as the Secretary considers 
                appropriate.
            (3) Applicability.-- The directive required by paragraph (1) 
        shall apply throughout the Department of Defense to all 
        components of the Department of Defense.
            (4) <<NOTE: Time period.>>  Limitation on availability of 
        certain funding pending publication.--Of the amounts authorized 
        to be appropriated by this Act for fiscal year 2021 for 
        operation and maintenance, Defense-wide, and available for the 
        Office of the Secretary of Defense, not more than 75 percent may 
        be obligated or expended until the date that is 15 days after 
        the date on which the Secretary publishes the directive required 
        by paragraph (1).
SEC. 903. ASSISTANT SECRETARY OF DEFENSE FOR INDUSTRIAL BASE 
                        POLICY.

    (a) Increase in Authorized Number of Assistant Secretaries of 
Defense.--Subsection (a)(1) of section 138 of title 10, United States 
Code, is amended by striking ``13'' and inserting ``14''.
    (b) Assistant Secretary of Defense for Industrial Base Policy.--
Subsection (b) of that section is amended by adding at the end the 
following new paragraph:

[[Page 134 STAT. 3798]]

    ``(6) One of the Assistant Secretaries is the Assistant Secretary of 
Defense for Industrial Base Policy. The Assistant Secretary shall--
            ``(A) advise the Under Secretary of Defense for Acquisition 
        and Sustainment on industrial base policies; and
            ``(B) perform other duties as directed by the Under 
        Secretary.''.
SEC. 904. ASSISTANT SECRETARY OF DEFENSE FOR ENERGY, 
                        INSTALLATIONS, AND ENVIRONMENT.

    (a) Increase in Authorized Number of Assistant Secretaries of 
Defense.--Subsection (a)(1) of section 138 of title 10, United States 
Code, as amended by section 903 of this Act, is further amended by 
striking ``14'' and inserting ``15''.
    (b) Assistant Secretary of Defense for Energy, Installations, and 
Environment.--Subsection (b) of that section, as so amended, is further 
amended by adding at the end the following new paragraph:
    ``(7) One of the Assistant Secretaries is the Assistant Secretary of 
Defense for Energy, Installations, and Environment. The principal duty 
of the Assistant Secretary shall be the overall supervision of matters 
relating to energy, installations, and the environment for the 
Department of Defense.''.
SEC. 905. OFFICE OF LOCAL DEFENSE COMMUNITY COOPERATION.

    (a) Acknowledgment in Law and Redesignation of Office of Economic 
Adjustment as Office of Local Defense Community Cooperation.--
            (1) In general.--Chapter 4 of title 10, United States Code, 
        is amended by adding at the end the following new section:
``Sec. 146. <<NOTE: 10 USC 146.>>  Office of Local Defense 
                Community Cooperation

    ``(a) In General.--There is in the Office of the Secretary of 
Defense an office to be known as the Office of Local Defense Community 
Cooperation (in this section referred to as the `Office').
    ``(b) <<NOTE: Appointment.>>  Director.--The Office shall be headed 
by the Director of the Office of Local Defense Community Cooperation, 
who shall be appointed by the Under Secretary of Defense for Acquisition 
and Sustainment from among civilian employees of the Federal Government 
or private individuals who have the following:
            ``(1) Experience in the interagency in the Executive Branch.
            ``(2) Experience in the administration and management of 
        Federal grants programs.

    ``(c) Duties.--The Office shall--
            ``(1) serve as the office in the Department of Defense with 
        primary responsibility for--
                    ``(A) providing assistance to States, counties, 
                municipalities, regions, and other communities to foster 
                cooperation with military installations to enhance the 
                military mission, achieve facility and infrastructure 
                savings and reduced operating costs, address 
                encroachment and compatible land use issues, support 
                military families, and increase military, civilian, and 
                industrial readiness and resiliency; and
                    ``(B) providing adjustment and diversification 
                assistance to State and local governments under section 
                2391(b) of this title to achieve the objectives 
                described in subparagraph (A);

[[Page 134 STAT. 3799]]

            ``(2) coordinate the provision of such assistance with other 
        organizations and elements of the Department;
            ``(3) provide support to the Economic Adjustment Committee 
        established under Executive Order No. 12788 (57 Fed. Reg. 2213; 
        10 U.S.C. 2391 note) or any successor to such Committee; and
            ``(4) carry out such other activities as the Under Secretary 
        of Defense for Acquisition and Sustainment considers 
        appropriate.

    ``(d) Annual Report to Congress.--Not later than June 1 each year, 
the Director of the Office of Local Defense Community Cooperation shall 
submit to the congressional defense committees a report on the 
activities of the Office during the preceding year, including the 
assistance provided pursuant to subsection (c)(1) during such year.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 4 of such title is amended <<NOTE: 10 USC 
        131 prec.>>  by adding at the end the following new item:

``146. Office of Local Defense Community Cooperation.''.

    (b) <<NOTE: Time period. 10 USC 146 note.>>  Limitation on 
Involuntary Separation of Personnel.--No personnel of the Office of 
Local Defense Community Cooperation under section 146 of title 10, 
United States Code (as added by subsection (a)), may be involuntarily 
separated from service with that Office during the one-year period 
beginning on the date of the enactment of this Act, except for cause.

    (c) <<NOTE: 10 USC 146 note.>>  Administration of Programs.--Any 
program, project, or other activity administered by the Office of 
Economic Adjustment of the Department of Defense as of the date of the 
enactment of this Act shall be administered by the Office of Local 
Defense Community Cooperation under section 146 of title 10, United 
States Code (as so added), after that date.
SEC. 906. INPUT FROM THE VICE CHIEF OF THE NATIONAL GUARD BUREAU 
                        TO THE JOINT REQUIREMENTS OVERSIGHT 
                        COUNCIL.

    (a) In General.--Section 181(d) of title 10, United States Code, is 
amended by adding at the end the following new paragraph:
            ``(4) Input from vice chief of the national guard bureau.--
        The Council shall seek, and strongly consider, the views of the 
        Vice Chief of the National Guard Bureau regarding non-
        Federalized National Guard capabilities in support of homeland 
        defense and civil support missions.''.

    (b) Technical Amendment.--Paragraph (1)(D) of such section is 
amended by striking ``the'' and inserting ``The''.
SEC. 907. <<NOTE: 10 USC 138 note.>>  ASSIGNMENT OF RESPONSIBILITY 
                        FOR THE ARCTIC REGION WITHIN THE OFFICE OF 
                        THE SECRETARY OF DEFENSE.

    The Assistant Secretary of Defense for International Security 
Affairs shall assign responsibility for the Arctic region to the Deputy 
Assistant Secretary of Defense for the Western Hemisphere or any other 
Deputy Assistant Secretary of Defense the Secretary of Defense considers 
appropriate.
SEC. 908. <<NOTE: 10 USC 111 note.>>  MODERNIZATION OF PROCESS 
                        USED BY THE DEPARTMENT OF DEFENSE TO 
                        IDENTIFY, TASK, AND MANAGE CONGRESSIONAL 
                        REPORTING REQUIREMENTS.

    (a) Ongoing Analysis Required.--The Assistant Secretary of Defense 
for Legislative Affairs shall conduct on an ongoing basis

[[Page 134 STAT. 3800]]

an analysis of the process used by the Department of Defense to identify 
reports to Congress required by annual national defense authorization 
Acts, assign responsibility for preparation of such reports, and manage 
the completion and delivery of such reports to Congress for the purpose 
of identifying mechanisms to optimize and otherwise modernize the 
process.
    (b) Consultation.--The Assistant Secretary shall conduct the 
analysis required by subsection (a) with the assistance of and in 
consultation with the Chief Information Officer of the Department of 
Defense.
    (c) Elements.--The analysis required by subsection (a) shall include 
the following:
            (1) A business process reengineering of the process 
        described in subsection (a).
            (2) <<NOTE: Assessment.>>  An assessment of applicable 
        commercially available analytics tools, technologies, and 
        services in connection with such business process reengineering.
            (3) Such other actions as the Assistant Secretary considers 
        appropriate for purposes of the analysis.

  Subtitle B--Other Department of Defense Organization and Management 
                                 Matters

SEC. 911. REFORM OF THE DEPARTMENT OF DEFENSE.

    (a) Reform of the Department of Defense.--
            (1) In general.--Chapter 3 of title 10, United States Code, 
        is amended by inserting after section 125 the following new 
        section:
``Sec. 125a. <<NOTE: 10 USC 125a.>>  Reform: improvement of 
                  efficacy and efficiency

    ``(a) <<NOTE: Assessment.>>  In General.--The Secretary of Defense 
shall take such action as is necessary to reform the Department of 
Defense to improve the efficacy and efficiency of the Department, and to 
improve the ability of the Department to prioritize among and assess the 
costs and benefits of covered elements of reform.

    ``(b) <<NOTE: Assessment.>>  Policy.--The Secretary shall develop a 
policy and issue guidance to implement reform within the Department and 
to improve the ability of the Department to prioritize among and assess 
the costs and benefits of covered elements of reform.

    ``(c) Framework for Reform.--
            ``(1) <<NOTE: Deadline. Policies.>>  In general.--Not later 
        than February 1, 2022, the Secretary shall establish policies, 
        guidance, and a consistent reporting framework to measure the 
        progress of the Department toward covered elements of reform, 
        including by establishing categories of reform, consistent 
        metrics, and a process for prioritization of reform activities.
            ``(2) Scope.--The framework required by paragraph (1) may 
        address duties under the following:
                    ``(A) Section 125 of this title.
                    ``(B) Section 192 of this title.
                    ``(C) Section 2222 of this title.
                    ``(D) Section 1124 of title 31.
                    ``(E) Section 11319 of title 40.
            ``(3) Consultation.--The Secretary shall consult with the 
        Deputy Secretary of Defense, the Performance Improvement Officer 
        of the Department of Defense, the Chief Data Officer

[[Page 134 STAT. 3801]]

        of the Department of Defense, the Chief Information Officer of 
        the Department of Defense, and the financial managers of the 
        military departments in carrying out activities under this 
        subsection.

    ``(d) Covered Elements of Reform.--For purposes of this section and 
the policies, guidance, and reporting framework required by subsection 
(c), covered elements of reform may include the following:
            ``(1) Business systems modernization.
            ``(2) Enterprise business operations process re-engineering.
            ``(3) Expanded and modernized collection, management, 
        dissemination, and visualization of data to support decision-
        making at all levels of the enterprise.
            ``(4) Improvements in workforce training and education and 
        increasing capabilities of the Department workforce to support 
        and execute reform activities and business processes.
            ``(5) Improvements to decision-making processes to enable 
        cost savings, cost avoidance, or investments to develop process 
        improvements.
            ``(6) Such other elements as the Secretary considers 
        appropriate.

    ``(e) Annual Report.--At the same time the budget of the President 
for a fiscal year is submitted to Congress pursuant to section 1105 of 
title 31, the Secretary shall, using the policies, guidance, and 
reporting framework required by subsection (c), submit to the 
congressional defense committees a report, including detailed narrative 
justifications and tradeoff analyses between options, on the actions of 
the Department as follows:
            ``(1) The activities, expenditures, and accomplishments 
        carried out or made to effect reform under this section during 
        the fiscal year in which such budget is submitted.
            ``(2) <<NOTE: Proposals.>>  The proposed activities, 
        expenditures, and accomplishments to effect reform under this 
        section, and consistent with priorities established by the 
        Secretary, during the fiscal year covered by such budget and 
        each of the four succeeding fiscal years.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 3 of such title <<NOTE: 10 USC 121 prec.>>  
        is amended by inserting after the item relating to section 125 
        the following new item:

``125a. Reform: improvement of efficacy and efficiency.''.

    (b) <<NOTE: 10 USC 125a note.>>  Implementing Policies, Guidance, 
and Reporting Framework.--
            (1) <<NOTE: Reports.>>  Submittal to congress.--Not later 
        than March 1, 2022, the Secretary of Defense shall submit to the 
        congressional defense committees a report setting forth the 
        policies, guidance, and reporting framework established pursuant 
        to subsection (c) of section 125a of title 10, United States 
        Code (as added by subsection (a) of this section).
            (2) Update. <<NOTE: Deadline.>> --Not later than 90 days 
        after the date of the submittal to Congress of the report 
        required by section 901(d) of this Act, the Secretary shall 
        update the reporting framework referred to in paragraph (1).

    (c) <<NOTE: Evaluation. Review.>>  Comptroller General of the United 
States Report.--Not later than 270 days after the date of the submittal 
to Congress pursuant to subsection (b) of the policies, guidance, and 
reporting framework established pursuant to subsection (c) of section 
125a of title 10, United States Code (as so added), the Comptroller

[[Page 134 STAT. 3802]]

General of the United States shall submit to the congressional defense 
committees a report setting forth an evaluation, based on a review by 
the Comptroller General of such policies, guidance, and framework, to 
the extent to which the categories and metrics in such policies, 
guidance, and reporting framework will enable consistent measurement of 
progress in reform and prioritization of reform of the Department.
SEC. 912. LIMITATION ON REDUCTION OF CIVILIAN WORKFORCE.

     <<NOTE: Analysis.>> Section 129a(b) of title 10, United States 
Code, is amended by adding at the end the following: ``The Secretary may 
not reduce the civilian workforce programmed full-time equivalent levels 
unless the Secretary conducts an appropriate analysis of the impacts of 
such reductions on workload, military force structure, lethality, 
readiness, operational effectiveness, stress on the military force, and 
fully burdened costs.''.
SEC. 913. CHIEF DIVERSITY OFFICER AND SENIOR ADVISORS FOR 
                        DIVERSITY AND INCLUSION.

    (a) Department of Defense.--
            (1) In general.--Chapter 4 of title 10, United States Code, 
        as amended by section 905 of this Act, is further amended by 
        adding at the end the following new section:
``Sec. 147. <<NOTE: 10 USC 147.>>  Chief Diversity Officer

    ``(a) <<NOTE: Appointment.>>  Chief Diversity Officer.--(1) There is 
a Chief Diversity Officer of the Department of Defense, who shall be 
appointed by the Secretary of Defense.

    ``(2) The Chief Diversity Officer shall be appointed from among 
persons who have an extensive management or business background and 
experience with diversity and inclusion. <<NOTE: Time period.>>  A 
person may not be appointed as Chief Diversity Officer within three 
years after relief from active duty as a commissioned officer of a 
regular component of an armed force.

    ``(3) The Chief Diversity Officer shall report directly to the 
Secretary of Defense in the performance of the duties of the Chief 
Diversity Officer under this section.
    ``(b) Duties.--The Chief Diversity Officer--
            ``(1) is responsible for providing advice on policy, 
        oversight, guidance, and coordination for all matters of the 
        Department of Defense related to diversity and inclusion;
            ``(2) advises the Secretary of Defense, the Secretaries of 
        the military departments, and the heads of all other elements of 
        the Department with regard to matters of diversity and 
        inclusion;
            ``(3) shall establish and maintain a Department of Defense 
        strategic plan that publicly states a diversity definition, 
        vision, and goals for the Department;
            ``(4) shall define a set of strategic metrics that are 
        directly linked to key organizational priorities and goals, 
        actionable, and actively used to implement the strategic plan 
        under paragraph (3);
            ``(5) shall advise in the establishment of training in 
        diversity dynamics and training in practices for leading diverse 
        groups effectively;
            ``(6) shall advise in the establishment of a strategic plan 
        for diverse participation by institutions of higher education 
        (including historically black colleges and universities and

[[Page 134 STAT. 3803]]

        minority-serving institutions), federally funded research and 
        development centers, and individuals in defense-related 
        research, development, test, and evaluation activities;
            ``(7) shall advise in the establishment of a strategic plan 
        for outreach to, and recruiting from, untapped locations and 
        underrepresented demographic groups;
            ``(8) shall coordinate with, and be supported by, the Office 
        of People Analytics on studies, assessments, and related work 
        relevant to diversity and inclusion; and
            ``(9) shall perform such additional duties and exercise such 
        powers as the Secretary of Defense may prescribe.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 4 of such title, as so amended, <<NOTE: 10 
        USC 131 prec.>>  is further amended by adding at the end the 
        following new item:

``147. Chief Diversity Officer.''.

    (b) <<NOTE: 10 USC 147 note.>>  Senior Advisors for Diversity and 
Inclusion for the Military Departments and Coast Guard.--
            (1) Appointment required.--Each Secretary of a military 
        department shall appoint within such military department a 
        Senior Advisor for Diversity and Inclusion for such military 
        department (and for the Armed Force or Armed Forces under the 
        jurisdiction of such Secretary). The Commandant of the Coast 
        Guard shall appoint a Senior Advisor for Diversity and Inclusion 
        for the Coast Guard.
            (2) Qualifications and limitation.--Each Senior Advisor for 
        Diversity and Inclusion shall be appointed from among persons 
        who have an extensive management or business background and 
        experience with diversity and inclusion. <<NOTE: Time period.>>  
        A person may not be appointed as Senior Advisor for Diversity 
        and Inclusion within three years after relief from active duty 
        as a commissioned officer of a regular component of an Armed 
        Force.
            (3) Reporting.--A Senior Advisor for Diversity and Inclusion 
        shall report directly to the Secretary of the military 
        department within which appointed. The Senior Advisor for 
        Diversity and Inclusion for the Coast Guard shall report 
        directly to the Commandant of the Coast Guard.
            (4) Duties.--A Senior Advisor for Diversity and Inclusion, 
        with respect to the military department and Armed Force or Armed 
        Forces concerned--
                    (A) is responsible for providing advice, guidance, 
                and coordination for all matters related to diversity 
                and inclusion;
                    (B) shall advise in the establishment of training in 
                diversity dynamics and training in practices for leading 
                diverse groups effectively;
                    (C) shall advise and assist in evaluations and 
                assessments of diversity;
                    (D) shall develop a strategic diversity and 
                inclusion plan, which plan shall be consistent with the 
                strategic plan developed and maintained pursuant to 
                subsection (b)(3) of section 147 of title 10, United 
                States Code (as added by subsection (a) of this 
                section);
                    (E) shall develop strategic goals and measures of 
                performance related to efforts to reflect the diverse 
                population of the United States eligible to serve in the 
                Armed Forces, which goals and measures of performance 
                shall

[[Page 134 STAT. 3804]]

                be consistent with the strategic metrics defined 
                pursuant to subsection (b)(4) of such section 147; and
                    (F) shall perform such additional duties and 
                exercise such powers as the Secretary of the military 
                department concerned or the Commandant of the Coast 
                Guard, as applicable, may prescribe.

    (c) <<NOTE: 10 USC 147 note.>> Effective Date.--This section and the 
amendments made by this section shall take effect on February 1, 2021.
SEC. 914. LIMITATION ON CONSOLIDATION OR TRANSITION TO ALTERNATIVE 
                        CONTENT DELIVERY METHODS WITHIN THE 
                        DEFENSE MEDIA ACTIVITY.

    (a) <<NOTE: Time period. Reports.>>  In General.--No consolidation 
or transition to alternative content delivery methods may occur within 
the Defense Media Activity until a period of 180 days has elapsed 
following the date on which the Secretary of Defense submits to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report that identifies key aspects of the business 
case for alternative content delivery, and actions to mitigate risks, 
relating to the following:
            (1) The safety and security of members of the Armed Forces 
        and their families.
            (2) The cybersecurity or security of content delivery to 
        members of the Armed Forces, whether through--
                    (A) vulnerabilities in the content delivery method 
                concerned;
                    (B) vulnerabilities in the personal devices used by 
                members; or
                    (C) vulnerabilities in the receivers or streaming 
                devices necessary to accommodate the alternative content 
                delivery method.
            (3) Costs or personal financial liabilities to members of 
        the Armed Forces or their families, whether through monthly 
        subscription fees or other tolls required to access digital 
        content.
            (4) Access to content with respect to bandwidth or other 
        technical limitations where members of the Armed Forces receive 
        content.

    (b) Definitions.--In this section:
            (1) The term ``alternative content delivery'' means any 
        method of the Defense Media Activity for the delivery of digital 
        content that is different from a method used by the Activity as 
        of the date of the enactment of this Act.
            (2) The term ``consolidation'', when used with respect to 
        the Defense Media Activity, means any action to reduce or limit 
        the functions, personnel, facilities, or capabilities of the 
        Activity, including entering into contracts or developing plans 
        for such reduction or limitation.

                     Subtitle C--Space Force Matters

SEC. 921. OFFICE OF THE CHIEF OF SPACE OPERATIONS.

    (a) In General.--Chapter 908 of title 10, United States Code, is 
amended by striking section 9083 and inserting the following new 
sections:

[[Page 134 STAT. 3805]]

``Sec. 9083. <<NOTE: 10 USC 9083.>>  Office of the Chief of Space 
                  Operations: function; composition

    ``(a) Function.--There is in the executive part of the Department of 
the Air Force an Office of the Chief of Space Operations to assist the 
Secretary of the Air Force in carrying out the responsibilities of the 
Secretary.
    ``(b) Composition.--The Office of the Chief of Space Operations is 
composed of the following:
            ``(1) The Chief of Space Operations.
            ``(2) Other members of the Space Force and Air Force 
        assigned or detailed to the Office of the Chief of Space 
        Operations.
            ``(3) Civilian employees in the Department of the Air Force 
        assigned or detailed to the Office of the Chief of Space 
        Operations.

    ``(c) Organization.--Except as otherwise specifically prescribed by 
law, the Office of the Chief of Space Operations shall be organized in 
such manner, and the members of the Office of the Chief of Space 
Operations shall perform such duties and have such titles, as the 
Secretary of the Air Force may prescribe.
``Sec. 9084. <<NOTE: 10 USC 9084.>>  Office of the Chief of Space 
                  Operations: general duties

    ``(a) Professional Assistance.--The Office of the Chief of Space 
Operations shall furnish professional assistance to the Secretary, the 
Under Secretary, and the Assistant Secretaries of the Air Force and to 
the Chief of Space Operations.
    ``(b) Authorities.--Under the authority, direction, and control of 
the Secretary of the Air Force, the Office of the Chief of Space 
Operations shall--
            ``(1) subject to subsections (c) and (d) of section 9014 of 
        this title, prepare for such employment of the Space Force, and 
        for such recruiting, organizing, supplying, equipping (including 
        research and development), training, servicing, mobilizing, 
        demobilizing, administering, and maintaining of the Space Force, 
        as will assist in the execution of any power, duty, or function 
        of the Secretary of the Air Force or the Chief of Space 
        Operations;
            ``(2) investigate and report upon the efficiency of the 
        Space Force and its preparation to support military operations 
        by commanders of the combatant commands;
            ``(3) prepare detailed instructions for the execution of 
        approved plans and supervise the execution of those plans and 
        instructions;
            ``(4) as directed by the Secretary of the Air Force or the 
        Chief of Space Operations, coordinate the action of 
        organizations of the Space Force; and
            ``(5) perform such other duties, not otherwise assigned by 
        law, as may be prescribed by the Secretary of the Air Force.''.

    (b) Table of Sections.--The table of sections at the beginning of 
chapter 908 of such title <<NOTE: 10 USC 9081 prec.>>  is amended by 
striking the item relating to section 9083 and inserting the following 
new items:

``9083. Office of the Chief of Space Operations: function; composition.
``9084. Office of the Chief of Space Operations: general duties.''.

    (c) <<NOTE: Reports. 10 USC 9083 note.>>  Effective Date.--The 
amendments made by this section shall take effect on the date on which 
the Secretary of the Air Force and the Chief of Space Operations jointly 
submit to the

[[Page 134 STAT. 3806]]

congressional defense committees a report detailing the functions that 
the headquarters staff of the Department of the Air Force will continue 
to perform in support of the Space Force.

    (d) <<NOTE: 10 USC 9083 note.>>  No Authorization of Additional 
Military Billets.--The Secretary shall establish the Office of the Chief 
of Space Operations under section 9083 of title 10, United States Code, 
as amended by subsection (a), using military personnel otherwise 
authorized. Nothing in this section or the amendments made by this 
section shall be construed to authorize additional military billets for 
the purposes of, or in connection with, the establishment of the Office 
of the Chief of Space Operations.
SEC. 922. CLARIFICATION OF SPACE FORCE AND CHIEF OF SPACE 
                        OPERATIONS AUTHORITIES.

    (a) Composition of Space Force.--Section 9081 of title 10, United 
States Code, is amended by striking subsection (b) and inserting the 
following new subsection (b):
    ``(b) Composition.--The Space Force consists of--
            ``(1) the Regular Space Force;
            ``(2) all persons appointed or enlisted in, or conscripted 
        into, the Space Force, including those not assigned to units, 
        necessary to form the basis for a complete and immediate 
        mobilization for the national defense in the event of a national 
        emergency; and
            ``(3) all Space Force units and other Space Force 
        organizations, including installations and supporting and 
        auxiliary combat, training, administrative, and logistic 
        elements.''.

    (b) Functions.--Section 9081 of title 10, United States Code, is 
further amended--
            (1) by striking subsection (c) and inserting the following 
        new subsection (c):

    ``(c) Functions.--The Space Force shall be organized, trained, and 
equipped to--
            ``(1) provide freedom of operation for the United States in, 
        from, and to space;
            ``(2) conduct space operations; and
            ``(3) protect the interests of the United States in 
        space.''; and
            (2) by striking subsection (d).

    (c) Clarification of Chief of Space Operations Authorities.--Section 
9082 of title 10, United States Code, is amended--
            (1) in subsection (a)--
                    (A) in paragraph (1), by striking ``general officers 
                of the Air Force'' and inserting ``general, flag, or 
                equivalent officers of the Space Force''; and
                    (B) by adding at the end the following new 
                paragraphs:

    ``(3) <<NOTE: President. Appointment.>>  The President may appoint 
an officer as Chief of Space Operations only if--
            ``(A) the officer has had significant experience in joint 
        duty assignments; and
            ``(B) such experience includes at least one full tour of 
        duty in a joint duty assignment (as defined in section 664(d) of 
        this title) as a general, flag, or equivalent officer of the 
        Space Force.

    ``(4) <<NOTE: President. Waiver authority.>>  The President may 
waive paragraph (3) in the case of an officer if the President 
determines such action is necessary in the national interest.'';

[[Page 134 STAT. 3807]]

            (2) in subsection (b), by striking ``grade of general'' and 
        inserting ``grade in the Space Force equivalent to the grade of 
        general in the Army, Air Force, and Marine Corps, or admiral in 
        the Navy''; and
            (3) in subsection (d)--
                    (A) in paragraph (4), by striking ``and'' at the 
                end;
                    (B) by redesignating paragraph (5) as paragraph (6); 
                and
                    (C) by inserting after paragraph (4) the following 
                new paragraph (5):
            ``(5) perform duties prescribed for the Chief of Space 
        Operations by sections 171 and 2547 of this title and other 
        provision of law; and''.

    (d) Regular Space Force.--Chapter 908 of title 10, United States 
Code, as amended by section 921 of this Act, is further amended by 
adding at the end the following new section:
``Sec. 9085. <<NOTE: 10 USC 9085.>>  Regular Space Force: 
                  composition

    ``(a) In General.--The Regular Space Force is the component of the 
Space Force that consists of persons whose continuous service on active 
duty in both peace and war is contemplated by law, and of retired 
members of the Regular Space Force.
    ``(b) Composition.--The Regular Space Force includes--
            ``(1) the officers and enlisted members of the Regular Space 
        Force; and
            ``(2) the retired officers and enlisted members of the 
        Regular Space Force.''.

    (e) Table of Sections.--The table of sections at the beginning of 
chapter 908 of title 10, <<NOTE: 10 USC 9081 prec.>>  United States 
Code, as so amended, is further amended by adding at the end the 
following new item:

``9085. Regular Space Force: composition.''.

SEC. 923. AMENDMENTS TO DEPARTMENT OF THE AIR FORCE PROVISIONS IN 
                        TITLE 10, UNITED STATES CODE.

    (a) Subtitle.--
            (1) Heading.--The heading of subtitle D of title 10, United 
        States Code, <<NOTE: 10 USC 9011 prec.>>  is amended to read as 
        follows:

               ``Subtitle D--Air Force and Space Force''.

            (2) Table of subtitles.--The table of subtitles at the 
        beginning of such title <<NOTE: 10 USC 101 prec.>>  is amended 
        is amended by striking the item relating to subtitle D and 
        inserting the following new item:
``D. Air Force and Space Force...................................9011''.

    (b) Organization.--
            (1) Secretary of the air force.--Section 9013 of title 10, 
        United States Code, is amended--
                    (A) in subsection (f), by inserting ``and officers 
                of the Space Force'' after ``Officers of the Air 
                Force''; and
                    (B) in subsection (g)(1), by inserting ``, members 
                of the Space Force,'' after ``members of the Air 
                Force''.
            (2) Office of the secretary of the air force.--Section 9014 
        of such title is amended--
                    (A) in subsection (b), by striking paragraph (4) and 
                inserting the following new paragraph (4):

[[Page 134 STAT. 3808]]

            ``(4) The Inspector General of the Department of the Air 
        Force.'';
                    (B) in subsection (c)--
                          (i) in paragraph (1), by striking ``and the 
                      Air Staff'' and inserting ``, the Air Staff, and 
                      the Office of the Chief of Space Operations'';
                          (ii) in paragraph (2), by inserting ``or the 
                      Office of the Chief of Space Operations'' after 
                      ``the Air Staff'';
                          (iii) in paragraph (3), by striking ``to the 
                      Chief of Staff and to the Air Staff'' and all that 
                      follows through the end and inserting ``to the 
                      Chief of Staff of the Air Force and the Air Staff, 
                      and to the Chief of Space Operations and the 
                      Office of the Chief of Space Operations, and shall 
                      ensure that each such office or entity provides 
                      the Chief of Staff and Chief of Space Operations 
                      such staff support as the Chief concerned 
                      considers necessary to perform the Chief's duties 
                      and responsibilities.''; and
                          (iv) in paragraph (4)--
                                    (I) by inserting ``and the Office of 
                                the Chief of Space Operations'' after 
                                ``the Air Staff''; and
                                    (II) by inserting ``and the Chief of 
                                Space Operations'' after ``Chief of 
                                Staff'';
                    (C) in subsection (d)--
                          (i) in paragraph (1), by striking ``and the 
                      Air Staff'' and inserting ``, the Air Staff, and 
                      the Office of the Chief of Space Operations'';
                          (ii) in paragraph (2), by inserting ``and the 
                      Office of the Chief of Space Operations'' after 
                      ``the Air Staff''; and
                          (iii) in paragraph (4), by striking ``to the 
                      Chief of Staff of the Air Force and to the Air 
                      Staff'' and all that follows through the end and 
                      inserting ``to the Chief of Staff of the Air Force 
                      and the Air Staff, and to the Chief of Space 
                      Operations and the Office of the Chief of Space 
                      Operations, and shall ensure that each such office 
                      or entity provides the Chief of Staff and Chief of 
                      Space Operations such staff support as the Chief 
                      concerned considers necessary to perform the 
                      Chief's duties and responsibilities.''; and
                    (D) in subsection (e)--
                          (i) by striking ``and the Air Staff'' and 
                      inserting ``, the Air Staff, and the Office of the 
                      Chief of Space Operations''; and
                          (ii) by striking ``to the other'' and 
                      inserting ``to any of the others''.
            (3) Secretary of the air force: successors to duties.--
        Section 9017 of such title is amended by adding at the end the 
        following new paragraph:
            ``(5) The Chief of Space Operations.''.
            (4) Inspector general.--Section 9020 of such title is 
        amended--
                    (A) in subsection (a)--
                          (i) by inserting ``Department of the'' after 
                      ``Inspector General of the''; and

[[Page 134 STAT. 3809]]

                          (ii) by inserting ``or the general, flag, or 
                      equivalent officers of the Space Force'' after 
                      ``general officers of the Air Force'';
                    (B) in subsection (b)--
                          (i) in the matter preceding paragraph (1), by 
                      striking ``or the Chief of Staff'' and inserting 
                      ``, the Chief of Staff of the Air Force, or the 
                      Chief of Space Operations'';
                          (ii) in paragraph (1), by inserting 
                      ``Department of the'' before ``Air Force''; and
                          (iii) in paragraph (2), by striking ``or the 
                      Chief of Staff'' and inserting ``, the Chief of 
                      Staff, or the Chief of Space Operations'' ; and
                    (C) in subsection (e), by inserting ``or the Space 
                Force'' before ``for a tour of duty''.
            (5) The air staff: function; composition.--Section 
        9031(b)(8) of such title is amended by inserting ``or the Space 
        Force'' after ``of the Air Force''.
            (6) Surgeon general: appointment; duties.--Section 9036(b) 
        of such title is amended--
                    (A) in paragraph (1), by striking ``Secretary of the 
                Air Force and the Chief of Staff of the Air Force on all 
                health and medical matters of the Air Force'' and 
                inserting ``Secretary of the Air Force, the Chief of 
                Staff of the Air Force, and the Chief of Space 
                Operations on all health and medical matters of the Air 
                Force and the Space Force''; and
                    (B) in paragraph (2)--
                          (i) by inserting ``and the Space Force'' after 
                      ``of the Air Force'' the first place it appears; 
                      and
                          (ii) by inserting ``and members of the Space 
                      Force'' after ``of the Air Force'' the second 
                      place it appears.
            (7) Judge advocate general, deputy judge advocate general: 
        appointment; duties.--Section 9037 of such title is amended--
                    (A) in subsection (e)(2)(B), by inserting ``or the 
                Space Force'' after ``of the Air Force''; and
                    (B) in subsection (f)(1), by striking ``the 
                Secretary of the Air Force or the Chief of Staff of the 
                Air Force'' and inserting ``the Secretary of the Air 
                Force, the Chief of Staff of the Air Force, or the Chief 
                of Space Operations''.
            (8) Chief of chaplains: appointment; duties.--Section 
        9039(a) of such title is amended by striking ``in the Air 
        Force'' and inserting ``for the Air Force and the Space Force''.
            (9) Provision of certain professional functions for the 
        space force.--Section 9063 of such title is amended--
                    (A) in subsections (a) through (i), by striking ``in 
                the Air Force'' each place it appears and inserting ``in 
                the Air Force and the Space Force''; and
                    (B) in subsection (i), as amended by subparagraph 
                (A), by inserting ``or the Space Force'' after ``members 
                of the Air Force''.

    (c) Personnel.--
            (1) Gender-free basis for acceptance of original 
        enlistments.--

[[Page 134 STAT. 3810]]

                    (A) In general.--Section 9132 of title 10, United 
                States Code, is amended by inserting ``or the Regular 
                Space Force'' after ``Regular Air Force''.
                    (B) Heading.--The heading of such section 9132 is 
                amended to read as follows:
``Sec. 9132. Regular Air Force and Regular Space Force: gender-
                  free basis for acceptance of original 
                  enlistments''.
                    (C) Table of sections.--The table of sections at the 
                beginning of chapter 913 of such title <<NOTE: 10 USC 
                9131 prec.>>  is amended by striking the item relating 
                to section 9132 and inserting the following new item:

``9132. Regular Air Force and Regular Space Force: gender-free basis for 
           acceptance of original enlistments.''.

            (2) Reenlistment after service as an officer.--
                    (A) In general.--Section 9138 of such title is 
                amended in subsection (a)--
                          (i) by inserting ``or the Regular Space 
                      Force'' after ``Regular Air Force'' both places it 
                      appears; and
                          (ii) by inserting ``or the Space Force'' after 
                      ``officer of the Air Force'' both places it 
                      appears.
                    (B) Heading.--The heading of such section 9132 is 
                amended to read as follows:
``Sec. 9132. Regular Air Force and Regular Space Force: 
                  reenlistment after service as an officer''.
                    (C) Table of sections.--The table of sections at the 
                beginning of chapter 913 of such title, as amended by 
                paragraph (1)(C), <<NOTE: 10 USC 9131 prec.>>  is 
                further by striking the item relating to section 9138 
                and inserting the following new item:

``9138. Regular Air Force and Regular Space Force: reenlistment after 
           service as an officer.''.

            (3) Appointments in the regular air force and regular space 
        force.--
                    (A) In general.--Section 9160 of such title is 
                amended--
                          (i) by inserting ``or the Regular Space 
                      Force'' after ``Regular Air Force''; and
                          (ii) by inserting ``or the Space Force'' 
                      before the period.
                    (B) Chapter heading.--The heading of chapter 915 of 
                such title <<NOTE: 10 USC 9151 prec.>>  is amended to 
                read as follows:

  ``CHAPTER 915--APPOINTMENTS IN THE REGULAR AIR FORCE AND THE REGULAR 
                             SPACE FORCE''.

                    (C) Tables of chapters.--The table of chapters at 
                the beginning of subtitle D of such title, and at the 
                beginning of part II of subtitle D of such 
                title, <<NOTE: 10 USC 9011 prec., 9110 prec.>>  are each 
                amended by striking the item relating to chapter 915 and 
                inserting the following new item:
``915. Appointments in the Regular Air Force and the Regular Space 
Force............................................................9151''.

            (4) Retired commissioned officers: status.--Section 9203 of 
        such title is amended by inserting ``or the Space Force'' after 
        ``the Air Force''.

[[Page 134 STAT. 3811]]

            (5) Duties: chaplains; assistance required of commanding 
        officers.--Section 9217(a) of such title is amended by inserting 
        ``or the Space Force'' after ``the Air Force''.
            (6) Rank: commissioned officers serving under temporary 
        appointments.--Section 9222 of such title is amended by 
        inserting ``or the Space Force'' after ``the Air Force'' both 
        places it appears.
            (7) Requirement of exemplary conduct.--Section 9233 of such 
        title is amended--
                    (A) in the matter preceding paragraph (1), by 
                inserting ``and in the Space Force'' after ``the Air 
                Force''; and
                    (B) in paragraphs (3) and (4), by inserting ``or the 
                Space Force, respectively'' after ``the Air Force''.
            (8) Enlisted members: officers not to use as servants.--
        Section 9239 of such title is amended by inserting ``or the 
        Space Force'' after ``Air Force'' both places it appears.
            (9) Presentation of united states flag upon retirement.--
        Section 9251(a) of such title is amended by inserting ``or the 
        Space Force'' after ``member of the Air Force''.
            (10) Service credit: regular enlisted members; service as an 
        officer to be counted as enlisted service.--Section 9252 of such 
        title is amended--
                    (A) by inserting ``or the Regular Space Force'' 
                after ``Regular Air Force''; and
                    (B) by inserting ``in the Space Force,'' after ``in 
                the Air Force,''.
            (11) When secretary may require hospitalization.--Section 
        9263 of such title is amended by inserting ``or the Space 
        Force'' after ``member of the Air Force''.
            (12) Decorations and awards.--
                    (A) In general.--Chapter 937 of such title is 
                amended by inserting ``or the Space Force'' after ``the 
                Air Force'' each place it appears in the following 
                provisions:
                          (i) Section 9271.
                          (ii) Section 9272.
                          (iii) Section 9273.
                          (iv) Section 9276.
                          (v) Section 9281 other than the first place it 
                      appears in subsection (a).
                          (vi) Section 9286(a) other than the first 
                      place it appears.
                    (B) Medal of honor; air force cross; distinguished-
                service medal: delegation of power to award.--Section 
                9275 of such title is amended by inserting before the 
                period at the end the following: ``, or to an equivalent 
                commander of a separate space force or higher unit in 
                the field''.
            (13) Twenty years or more: regular or reserve commissioned 
        officers.--Section 9311(a) of such title is amended by inserting 
        ``or the Space Force'' after ``officer of the Air Force''.
            (14) Twenty to thirty years: enlisted members.--Section 9314 
        of such title is amended by inserting ``or the Space Force'' 
        after ``member of the Air Force''.
            (15) Thirty years or more: regular enlisted members.--
        Section 9317 of such title is amended by inserting ``or the 
        Space Force'' after ``Air Force''.

[[Page 134 STAT. 3812]]

            (16) Thirty years or more: regular commissioned officers.--
        Section 9318 of such title is amended by inserting ``or the 
        Space Force'' after ``Air Force''.
            (17) Forty years or more: air force officers.--
                    (A) In general.--Section 9324 of such title is 
                amended in subsections (a) and (b) by inserting ``or the 
                Space Force'' after ``Air Force''.
                    (B) Heading.--The heading of such section 9324 is 
                amended to read as follows:
``Sec. 9324. Forty years or more: Air Force officers and Space 
                  Force officers''.
                    (C) Table of sections amendment.--The table of 
                sections at the beginning of chapter 941 of such 
                title <<NOTE: 10 USC 9311 prec.>>  is amended by 
                striking the item relating to section 9324 and inserting 
                the following new item:

``9324. Forty years or more: Air Force officers and Space Force 
           officers.''.

            (18) Computation of years of service: voluntary retirement; 
        enlisted members.--Section 9325(a) of such title is amended by 
        inserting ``or the Space Force'' after ``Air Force''.
            (19) Computation of years of service: voluntary retirement; 
        regular and reserve commissioned officers.--
                    (A) In general.--Section 9326(a) of such title is 
                amended--
                          (i) in the matter preceding paragraph (1), by 
                      inserting ``or the Space Force'' after ``of the 
                      Air Force''; and
                          (ii) in paragraph (1), by striking ``or the 
                      Air Force'' and inserting ``, the Air Force, or 
                      the Space Force''.
                    (B) Technical amendments.--Such section 9326(a) is 
                further amended by striking ``his'' each place it 
                appears and inserting ``the officer's''.
            (20) Computation of retired pay: law applicable.--Section 
        9329 of such title is amended by inserting ``or the Space 
        Force'' after ``Air Force''.
            (21) Retired grade.--
                    (A) Higher grade after 30 years of service: warrant 
                officers and enlisted members.--Section 9344 of such 
                title is amended--
                          (i) in subsection (a), by inserting ``or the 
                      Space Force'' after ``member of the Air Force''; 
                      and
                          (ii) in subsection (b)--
                                    (I) in paragraphs (1) and (3), by 
                                inserting ``or the Space Force'' after 
                                ``Air Force'' each place it appears; and
                                    (II) in paragraph (2), by inserting 
                                ``or the Regular Space Force'' after 
                                ``Regular Air Force''.
                    (B) Restoration to former grade: retired warrant 
                officers and enlisted members.--Section 9345 of such 
                title is amended by inserting ``or the Space Force'' 
                after ``member of the Air Force''.
                    (C) Retired lists.--Section 9346 of such title is 
                amended--
                          (i) in subsections (a) and (d), by inserting 
                      ``or the Regular Space Force'' after ``Regular Air 
                      Force'';
                          (ii) in subsection (b)(1), by inserting before 
                      the semicolon the following: ``, or for 
                      commissioned officers

[[Page 134 STAT. 3813]]

                      of the Space Force other than of the Regular Space 
                      Force''; and
                          (iii) in subsections (b)(2) and (c), by 
                      inserting ``or the Space Force'' after ``Air 
                      Force''.
            (22) Recomputation of retired pay to reflect advancement on 
        retired list.--Section 9362(a) of such title is amended by 
        inserting ``or the Space Force'' after ``Air Force''.
            (23) Fatality reviews.--Section 9381(a) of such title is 
        amended in paragraphs (1), (2), and (3) by inserting ``or the 
        Space Force'' after ``Air Force''.

    (d) Training.--
            (1) Members of air force: detail as students, observers, and 
        investigators at educational institutions, industrial plants, 
        and hospitals.--
                    (A) In general.--Section 9401 of title 10, United 
                States Code, is amended--
                          (i) in subsection (a), by inserting ``and 
                      members of the Space Force'' after ``members of 
                      the Air Force'';
                          (ii) in subsection (b), by inserting ``or the 
                      Regular Space Force'' after ``Regular Air Force'';
                          (iii) in subsection (c),by inserting ``or 
                      Reserve of the Space Force'' after ``Reserve of 
                      the Air Force'';
                          (iv) in subsection (e), by inserting ``or the 
                      Space Force'' after ``Air Force''; and
                          (v) in subsection (f)--
                                    (I) by inserting ``or the Regular 
                                Space Force'' after ``Regular Air 
                                Force''; and
                                    (II) by inserting ``or the Space 
                                Force Reserve'' after ``the reserve 
                                components of the Air Force''.
                    (B) Technical amendments.--Subsection (c) of such 
                section 9401 is further amended--
                          (i) by striking ``his'' and inserting ``the 
                      Reserve's''; and
                          (ii) by striking ``he'' and inserting ``the 
                      Reserve'',
                    (C) Heading.--The heading of such section 9401 is 
                amended to read as follows:
``Sec. 9401. Members of Air Force and Space Force: detail as 
                  students, observers and investigators at 
                  educational institutions, industrial plants, and 
                  hospitals''.
                    (D) Table of sections.--The table of sections at the 
                beginning of chapter 951 of such title <<NOTE: 10 USC 
                9401 prec.>>  is amended by striking the item relating 
                to section 9401 and inserting the following new item:

``9401. Members of Air Force and Space Force: detail as students, 
           observers, and investigators at educational institutions, 
           industrial plants, and hospitals.''.

            (2) Enlisted members of air force: schools.--
                    (A) In general.--Section 9402 of such title is 
                amended--
                          (i) in subsection (a)--
                                    (I) in the first sentence, by 
                                inserting ``and enlisted members of the 
                                Space Force'' after ``members of the Air 
                                Force''; and
                                    (II) in the third sentence, by 
                                inserting ``and Space Force officers'' 
                                after ``Air Force officers''; and

[[Page 134 STAT. 3814]]

                          (ii) in subsection (b), by inserting ``or the 
                      Space Force'' after ``Air Force'' each place it 
                      appears.
                    (B) Heading.--The heading of such section 9402 is 
                amended to read as follows:
``Sec. 9402. Enlisted members Air Force or Space Force: schools''.
                    (C) Table of sections.--The table of sections at the 
                beginning of chapter 951 of such title <<NOTE: 10 USC 
                9401 prec.>>  is amended by striking the item relating 
                to section 9402 and inserting the following new item:

``9402. Enlisted members of Air Force or Space Force: schools.''.

            (3) Service schools: leaves of absence for instructors.--
        Section 9406 of such title is amended by inserting ``or Space 
        Force'' after ``Air Force''.
            (4) Degree granting authority for united states air force 
        institute of technology.--Section 9414(d)(1) of such title is 
        amended by inserting ``or the Space Force'' after ``needs of the 
        Air Force''.
            (5) United states air force institute of technology: 
        administration.--Section 9414b(a)(2) is amended--
                    (A) by inserting ``or the Space Force'' after ``the 
                Air Force'' each place it appears; and
                    (B) in subparagraph (B), by inserting ``or the 
                equivalent grade in the Space Force'' after ``brigadier 
                general''.
            (6) Community college of the air force: associate degrees.--
        Section 9415 of such title is amended--
                    (A) in subsection (a) in the matter preceding 
                paragraph (1), by striking ``in the Air Force'' and 
                inserting ``in the Department of the Air Force''; and
                    (B) in subsection (b)--
                          (i) in paragraph (1), by inserting ``or the 
                      Space Force'' after ``Air Force'';
                          (ii) in paragraph (2), by striking ``other 
                      than'' and all that follows through the end and 
                      inserting ``other than the Air Force or the Space 
                      Force who are serving as instructors at Department 
                      of the Air Force training schools.''; and
                          (iii) in paragraph (3), by inserting ``or the 
                      Space Force'' after ``Air Force''.
            (7) Air force academy establishment; superintendent; 
        faculty.--Section 9431(a) of such title is amended by striking 
        ``Air Force cadets'' and inserting ``cadets''.
            (8) Air force academy superintendent; faculty: appointment 
        and detail.--Section 9433(a) of such title is amended by 
        inserting ``or the Space Force'' after ``Air Force''.
            (9) Air force academy permanent professors; director of 
        admissions.--
                    (A) In general.--Section 9436 of such title is 
                amended--
                          (i) in subsection (a)--
                                    (I) in the first sentence, by 
                                inserting ``in the Air Force or the 
                                equivalent grade in the Space Force'' 
                                after ``colonel'';
                                    (II) in the second sentence, by 
                                inserting ``and a permanent professor 
                                appointed from the Regular Space Force 
                                has the grade equivalent to the grade

[[Page 134 STAT. 3815]]

                                of colonel in the Regular Air Force'' 
                                after ``grade of colonel''; and
                                    (III) in the third sentence, by 
                                inserting ``in the Air Force or the 
                                equivalent grade in the Space Force'' 
                                after ``lieutenant colonel''; and
                          (ii) in subsection (b)--
                                    (I) in the first sentence, ``in the 
                                Air Force or the equivalent grade in the 
                                Space Force'' after ``colonel'' each 
                                place it appears; and
                                    (II) in the second sentence, by 
                                inserting ``and a person appointed from 
                                the Regular Space Force has the grade 
                                equivalent to the grade of colonel in 
                                the Regular Air Force'' after ``grade of 
                                colonel''.
                    (B) Technical amendments.--Subsections (a) and (b) 
                of such section 9436 are further amended by striking 
                ``he'' each place it appears and inserting ``such 
                person''.
            (10) Cadets: appointment; numbers, territorial 
        distribution.--
                    (A) In general.--Section 9442 of such title is 
                amended--
                          (i) by striking ``Air Force Cadets'' each 
                      place it appears and inserting ``cadets''; and
                          (ii) in subsection (b)(2), by inserting ``or 
                      the Regular Space Force'' after ``Regular Air 
                      Force''.
                    (B) Technical amendment.--Subsection (b)(4) of such 
                section 9442 is amended by striking ``him'' and 
                inserting ``the Secretary''.
            (11) Cadets: agreement to serve as officer.--Section 9448(a) 
        of such title is amended--
                    (A) in paragraph (2)(A), by inserting ``or the 
                Regular Space Force'' after ``Regular Air Force''; and
                    (B) in paragraph (3)(A), by inserting before the 
                semicolon the following: ``or as a Reserve in the Space 
                Force for service in the Space Force Reserve''.
            (12) Cadets: organization; service; instruction.--Section 
        9449 of such title is amended by striking subsection (d).
            (13) Cadets: hazing.--Section 9452(c) of such title is 
        amended--
                    (A) by striking ``an Air Force cadet'' and inserting 
                ``a cadet''; and
                    (B) by striking ``or Marine Corps'' and inserting 
                ``Marine Corps, or Space Force''.
            (14) Cadets: degree and commission on graduation.--Section 
        9453(b) of such title is amended by inserting ``or in the 
        equivalent grade in the Regular Space Force'' after ``Regular 
        Air Force''.
            (15) Support of athletic programs.--Section 9462(c)(2) of 
        such title is amended by striking ``personnel of the Air Force'' 
        and inserting ``personnel of the Department of the Air Force''.
            (16) Schools and camps: establishment: purpose.--Section 
        9481 of such title is amended--
                    (A) by inserting ``, the Space Force,'' after 
                ``members of the Air Force,''; and
                    (B) by inserting ``or the Space Force Reserve'' 
                after ``the Air Force Reserve''.

[[Page 134 STAT. 3816]]

            (17) Schools and camps: operation.--Section 9482 of such 
        title is amended--
                    (A) in paragraph (4), by inserting ``or the Regular 
                Space Force'' after ``Regular Air Force''; and
                    (B) in paragraph (7), in the matter preceding 
                subparagraph (A), by inserting ``or Space Force'' after 
                ``Air Force''.

    (e) Service, Supply, and Procurement.--
            (1) Equipment: bakeries, schools, kitchens, and mess 
        halls.--Section 9536 of title 10, United States Code, is amended 
        in the matter preceding paragraph (1) by inserting ``or the 
        Space Force'' after ``the Air Force''.
            (2) Rations.--Section 9561 of such title is amended--
                    (A) in subsection (a)--
                          (i) in the first sentence, by inserting ``and 
                      the Space Force ration'' after ``the Air Force 
                      ration''; and
                          (ii) in the second sentence, by inserting ``or 
                      the Space Force'' after ``the Air Force''; and
                    (B) in subsection (b), by inserting ``or the Space 
                Force'' after ``the Air Force''.
            (3) Clothing.--Section 9562 of such title is amended by 
        inserting ``and members of the Space Force'' after ``the Air 
        Force''.
            (4) Clothing: replacement when destroyed to prevent 
        contagion.--Section 9563 of such title is amended by inserting 
        ``or the Space Force'' after ``member of the Air Force''.
            (5) Colors, standards, and guidons of demobilized 
        organizations: disposition.--Section 9565 of such title is 
        amended--
                    (A) in subsection (a), in the matter preceding 
                paragraph (1), by inserting ``or the Space Force'' after 
                ``organizations of the Air Force''; and
                    (B) in subsection (b), by inserting ``or the Space 
                Force'' after ``the Air Force''.
            (6) Utilities: proceeds from overseas operations.--Section 
        9591 of such title is amended by inserting ``or the Space 
        Force'' after ``the Air Force''.
            (7) Quarters: heat and light.--Section 9593 of such title is 
        amended by inserting ``and members of the Space Force'' after 
        ``the Air Force''.
            (8) Air force military history institute: fee for providing 
        historical information to the public.--
                    (A) In general.--Section 9594 of such title is 
                amended--
                          (i) in subsections (a) and (d), by inserting 
                      ``Department of the'' before ``Air Force Military 
                      History'' each place it appears; and
                          (ii) in subsection (e)(1)--
                                    (I) by inserting ``Department of 
                                the'' before ``Air Force Military 
                                History''; and
                                    (II) by inserting ``and the Space 
                                Force'' after ``materials of the Air 
                                Force''.
                    (B) Heading.--The heading of such section 9594 is 
                amended to read as follows:

[[Page 134 STAT. 3817]]

``Sec. 9594. Department of the Air Force Military History 
                  Institute: fee for providing historical 
                  information to the public''.
                    (C) Table of sections.--The table of sections at the 
                beginning of chapter 967 of such title <<NOTE: 10 USC 
                9591 prec.>>  is amended by striking the item relating 
                to section 9594 and inserting the following new item:

``9594. Department of the Air Force Military History Institute: fee for 
           providing historical information to the public.''.

            (9) Subsistence and other supplies: members of armed forces; 
        veterans; executive or military departments and employees; 
        prices.--Section 9621 of such title is amended--
                    (A) in subsection (a)--
                          (i) in paragraph (1), by inserting ``and 
                      members of the Space Force'' after ``the Air 
                      Force''; and
                          (ii) in paragraph (2), by inserting ``and 
                      officers of the Space Force'' after ``the Air 
                      Force'';
                    (B) in subsection (b), by inserting ``or the Space 
                Force'' after ``the Air Force'';
                    (C) in subsection (c), by inserting ``or the Space 
                Force'' after ``the Air Force'';
                    (D) in subsection (d), by striking ``or Marine 
                Corps'' and inserting ``Marine Corps, or Space Force'';
                    (E) in subsection (e)--
                          (i) by inserting ``or the Space Force'' after 
                      ``the Air Force'' the first place it appears; and
                          (ii) by inserting ``or the Space Force, 
                      respectively'' after ``the Air Force'' the second 
                      place it appears;
                    (F) in subsection (f), by inserting ``or the Space 
                Force'' after ``the Air Force''; and
                    (G) in subsection (h)--
                          (i) by inserting ``or the Space Force'' after 
                      ``the Air Force'' the first place it appears; and
                          (ii) by inserting ``or members of the Space 
                      Force'' after ``members of the Air Force''.
            (10) Rations: commissioned officers in field.--Section 9622 
        of such title is amended by inserting ``and commissioned 
        officers of the Space Force'' after ``officers of the Air 
        Force''.
            (11) Medical supplies: civilian employees of the air 
        force.--Section 9624(a) of such title is amended--
                    (A) by striking ``air base'' and inserting ``Air 
                Force or Space Force military installation''; and
                    (B) by striking ``Air Force when'' and inserting 
                ``Department of the Air Force when''.
            (12) Ordnance property: officers of armed forces; civilian 
        employees of air force.--
                    (A) In general.--Section 9625 of such title is 
                amended--
                          (i) in subsection (a), by inserting ``or the 
                      Space Force'' after ``officers of the Air Force''; 
                      and
                          (ii) in subsection (b), by striking ``the Air 
                      Force'' and inserting ``the Department of the Air 
                      Force''.
                    (B) Heading.--The heading of such section is amended 
                to read as follows:

[[Page 134 STAT. 3818]]

``Sec. 9625. Ordnance property: officers of the armed forces; 
                  civilian employees of the Department of the Air 
                  Force; American National Red Cross; educational 
                  institutions; homes for veterans' orphans''.
                    (C) Table of sections.--The table of sections at the 
                beginning of chapter 969 of such title <<NOTE: 10 USC 
                9621 prec.>>  is amended by striking the item relating 
                to section 9625 and inserting the following new item:

``9625. Ordnance property: officers of the armed forces; civilian 
           employees of the Department of the Air Force; American 
           National Red Cross; educational institutions; homes for 
           veterans' orphans.''.

            (13) Supplies: educational institutions.--Section 9627 of 
        such title is amended--
                    (A) by inserting ``or the Space Force'' after ``for 
                the Air Force'';
                    (B) by inserting ``or the Space Force'' after 
                ``officer of the Air Force''; and
                    (C) by striking ``air science and tactics'' and 
                inserting ``science and tactics''.
            (14) Supplies: military instruction camps.--Section 9654 of 
        such title is amended--
                    (A) by inserting ``or Space Force'' after ``an Air 
                Force''; and
                    (B) by striking ``air science and tactics'' and 
                inserting ``science and tactics''.
            (15) Disposition of effects of deceased persons by summary 
        court-martial.--Section 9712(a)(1) of such title is amended by 
        inserting ``or the Space Force'' after ``the Air Force''.
            (16) Acceptance of donations: land for mobilization, 
        training, supply base, or aviation field.--
                    (A) In general.--Section 9771 of such title is 
                amended in paragraph (2) by inserting ``or space 
                mission-related facility'' after ``aviation field''.
                    (B) Heading.--The heading of such section 9771 is 
                amended to read as follows:
``Sec. 9771. Acceptance of donations: land for mobilization, 
                  training, supply base, aviation field, or space 
                  mission-related facility''.
                    (C) Table of sections.--The table of sections at the 
                beginning of chapter 979 of such title <<NOTE: 10 USC 
                9771 prec.>>  is amended by striking the item relating 
                to section 9771 and inserting the following new item:

``9771. Acceptance of donations: land for mobilization, training, supply 
           base, aviation field, or space mission-related facility.''.

            (17) Acquisition and construction: air bases and depots.--
                    (A) In general.--Section 9773 of such title is 
                amended--
                          (i) in subsection (a)--
                                    (I) by striking ``permanent air 
                                bases'' and inserting ``permanent Air 
                                Force and Space Force military 
                                installations'';
                                    (II) by striking ``existing air 
                                bases'' and inserting ``existing 
                                installations''; and
                                    (III) by inserting ``or the Space 
                                Force'' after ``training of the Air 
                                Force'';

[[Page 134 STAT. 3819]]

                          (ii) in subsections (b) and (c), by striking 
                      ``air bases'' each place it appears and inserting 
                      ``installations'';
                          (iii) in subsection (b)(7), by inserting ``or 
                      Space Force'' after ``Air Force'';
                          (iv) in subsection (c)--
                                    (I) in paragraph (1), by inserting 
                                ``or Space Force'' after ``Air Force''; 
                                and
                                    (II) in paragraphs (3) and (4), by 
                                inserting ``or the Space Force'' after 
                                ``the Air Force'' both places it 
                                appears; and
                          (v) in subsection (f), by striking ``air 
                      base'' and inserting ``installation''.
                    (B) Heading.--The heading of such section 9773 is 
                amended to read as follows:
``Sec. 9773. Acquisition and construction: installations and 
                  depots''.
                    (C) Table of sections.--The table of sections at the 
                beginning of chapter 979 of such title <<NOTE: 10 USC 
                9771 prec.>>  is amended by striking the item relating 
                to section 9773 and inserting the following new item:

``9773. Acquisition and construction: installations and depots.''.

            (18) Emergency construction: fortifications.--Section 9776 
        of such title is amended by striking ``air base'' and inserting 
        ``installation''.
            (19) Use of public property.--Section 9779 of such title is 
        amended--
                    (A) in subsection (a), by inserting ``or the Space 
                Force'' after ``economy of the Air Force''; and
                    (B) in subsection (b), by inserting ``or the Space 
                Force'' after ``support of the Air Force''.
            (20) Disposition of real property at missile sites.--Section 
        9781(a)(2) of such title is amended--
                    (A) in the matter preceding subparagraph (A), by 
                striking ``Air Force'' and inserting ``Department of the 
                Air Force'';
                    (B) in subparagraph (A), by striking ``Air Force'' 
                the first two places it appears and inserting 
                ``Department of the Air Force''; and
                    (C) in subparagraph (C), by striking ``Air Force'' 
                and inserting ``Department of the Air Force''.
            (21) Maintenance and repair of real property.--Section 9782 
        of such title is amended in subsections (c) and (d) by inserting 
        ``or the Space Force'' after ``the Air Force'' both places it 
        appears.
            (22) Settlement of accounts: remission or cancellation of 
        indebtedness of members.--Section 9837(a) of such title is 
        amended by inserting ``or the Space Force'' after ``member of 
        the Air Force''.
            (23) Final settlement of officer's accounts.--
                    (A) In general.--Section 9840 of such title is 
                amended by inserting ``or the Space Force'' after ``Air 
                Force''.
                    (B) Technical amendments.--Such section 9840 is 
                further amended--
                          (i) by striking ``he'' each place it appears 
                      and inserting ``the officer''; and

[[Page 134 STAT. 3820]]

                          (ii) by striking ``his'' each place it appears 
                      and inserting ``the officer's''.
            (24) Payment of small amounts to public creditors.--Section 
        9841 of such title is amended by inserting ``or Space Force'' 
        after ``official of Air Force''.
            (25) Settlement of accounts of line officers.--Section 9842 
        of such title is amended by inserting ``or the Space Force'' 
        after ``Air Force''.

    (f) <<NOTE: 10 USC 9020 note.>>  Service of Incumbents in Certain 
Positions Without Reappointment.--
            (1) In general.--The individual serving in a position under 
        a provision of law specified in paragraph (2) as of the date of 
        the enactment of this Act may continue to serve in such position 
        after that date without further appointment as otherwise 
        provided by such provision of law, notwithstanding the amendment 
        of such provision of law by subsection (b).
            (2) Provisions of law.--The provisions of law specified in 
        this paragraph are the provisions of title 10, United States 
        Code, as follows:
                    (A) Section 9020, relating to the Inspector General 
                of the Department of the Air Force.
                    (B) Section 9036. relating to the Surgeon General of 
                the Air Force.
                    (C) Section 9037(a), relating to the Judge Advocate 
                General of the Air Force.
                    (D) Section 9037(d), relating to the Deputy Judge 
                Advocate General of the Air Force.
                    (E) Section 9039, relating to the Chief of Chaplains 
                for the Air Force and the Space Force.
SEC. 924. AMENDMENTS TO OTHER PROVISIONS OF TITLE 10, UNITED 
                        STATES CODE.

    (a) Definitions.--Section 101(b)(13) of title 10, United States 
Code, is amended by striking ``or Marine Corps'' and inserting ``Marine 
Corps, or Space Force''.
    (b) Other Provisions of Subtitle A.--
            (1) Space force I.--Subtitle A of title 10, United States 
        Code, as amended by subsection (a), is further amended by 
        striking ``and Marine Corps'' each place it appears and 
        inserting ``Marine Corps, and Space Force'' in the following 
        provisions:
                    (A) Section 116(a)(1) in the matter preceding 
                subparagraph (A).
                    (B) Section 533(a)(2).
                    (C) Section 646.
                    (D) Section 661(a).
                    (E) Section 712(a).
                    (F) Section 717(c)(1).
                    (G) Subsections (c) and (d) of section 741.
                    (H) Section 743.
                    (I) Section 1111(b)(4).
                    (J) Subsections (a)(2)(A) and (c)(2)(A)(ii) of 
                section 1143.
                    (K) Section 1174(j).
                    (L) Section 1463(a)(1).
                    (M) Section 1566.
                    (N) Section 2217(c)(2).
                    (O) Section 2259(a).
                    (P) Section 2640(j).

[[Page 134 STAT. 3821]]

            (2) Space force II.--
                    (A) In general.--Such subtitle is further amended by 
                striking ``Marine Corps,'' each place it appears and 
                inserting ``Marine Corps, Space Force,'' in the 
                following provisions:
                          (i) Section 123(a).
                          (ii) Section 172(a).
                          (iii) Section 518.
                          (iv) Section 747.
                          (v) Section 749.
                          (vi) Section 1552(c)(1).
                          (vii) Section 2632(c)(2)(A).
                          (viii) Section 2686(a).
                          (ix) Section 2733(a).
                    (B) Heading.--The heading of section 747 of such 
                title is amended to read as follows:
``Sec. 747. Command: when different commands of Army, Navy, Air 
                Force, Marine Corps, Space Force, and Coast Guard 
                join''.
                    (C) Table of sections.--The table of sections at the 
                beginning of chapter 43 of such title <<NOTE: 10 USC 741 
                prec.>>  is amended by striking the item relating to 
                section 747 and inserting the following new item:

``747. Command: when different commands of Army, Navy, Air Force, Marine 
           Corps, Space Force, and Coast Guard join.''.

            (3) Space force III.--Such subtitle is further amended by 
        striking ``or Marine Corps'' each place it appears and inserting 
        ``Marine Corps, or Space Force'' in the following provisions:
                    (A) Section 125(b).
                    (B) Section 541(a).
                    (C) Section 601(a).
                    (D) Section 603(a).
                    (E) Section 619(a).
                    (F) Section 619a(a).
                    (G) Section 624(c).
                    (H) Section 625(b).
                    (I) Subsections (a) and (d) of section 631.
                    (J) Section 632(a).
                    (K) Section 637(a)(2).
                    (L) Section 638(a).
                    (M) Section 741(d).
                    (N) Section 771.
                    (O) Section 772.
                    (P) Section 773.
                    (Q) Section 1123.
                    (R) Section 1143(d).
                    (S) Section 1174(a)(2).
                    (T) Section 1251(a).
                    (U) Section 1252(a).
                    (V) Section 1253(a).
                    (W) Section 1375.
                    (X) Section 1413a(h).
                    (Y) Section 1551.
                    (Z) Section 1561(a).
                    (AA) Section 1731(a)(1)(A)(ii).

[[Page 134 STAT. 3822]]

                    (BB) Section 2102(a).
                    (CC) Section 2103a(a)(2).
                    (DD) Section 2104(b)(5).
                    (EE) Section 2107.
                    (FF) Section 2421.
                    (GG) Section 2631(a).
                    (HH) Section 2787(a).
            (4) Regular space force I.--Such subtitle is further amended 
        by striking ``or Regular Marine Corps'' each place it appears 
        and inserting ``Regular Marine Corps, or Regular Space Force'' 
        in the following provisions:
                    (A) Section 531(c).
                    (B) Section 532(a) in the matter preceding paragraph 
                (1).
                    (C) Subsections (a)(1), (b)(1), and (f) of section 
                533.
                    (D) Section 633(a).
                    (E) Section 634(a).
                    (F) Section 635.
                    (G) Section 636(a).
                    (H) Section 647(c).
                    (I) Section 688(b)(1).
                    (J) Section 1181.
            (5) Regular space force II.--Such subtitle is further 
        amended by striking ``Regular Marine Corps,'' each place it 
        appears and inserting ``Regular Marine Corps, Regular Space 
        Force,'' in the following provisions:
                    (A) Section 505.
                    (B) Section 506.
                    (C) Section 508.
            (6) Transfer, etc. of functions, powers, and duties.--
        Section 125(b) of such title, as amended by paragraph (3)(A), is 
        further amended by striking ``or 9062(c)'' and inserting 
        ``9062(c), or 9081''.
            (7) Joint staff matters.--
                    (A) Appointment of chairman; grade and rank.--
                Section 152 of such title is amended--
                          (i) in subsection (b)(1)(C), by striking ``or 
                      the Commandant of the Marine Corps'' and inserting 
                      ``the Commandant of the Marine Corps, or the Chief 
                      of Space Operations''; and
                          (ii) in subsection (c), by striking ``or, in 
                      the case of the Navy, admiral'' and inserting ``, 
                      in the case of the Navy, admiral, or, in the case 
                      of an officer of the Space Force, the equivalent 
                      grade,''.
                    (B) Inclusion of space force on joint staff.--
                Section 155(a)(2)(C) of such title is amended by 
                inserting ``and the Space Force'' after ``the Air 
                Force''.
            (8) Armed forces policy council.--Section 171(a) of such 
        title is amended--
                    (A) in paragraph (15), by striking ``and'';
                    (B) in paragraph (16), by striking the period and 
                inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(17) the Chief of Space Operations.''.
            (9) Joint requirements oversight council.--Section 181(c)(1) 
        of such title is amended by adding at the end the following new 
        subparagraph:

[[Page 134 STAT. 3823]]

                    ``(F) A Space Force officer in the grade equivalent 
                to the grade of general in the Army, Air Force, or 
                Marine Corps, or admiral in the Navy.''.
            (10) Unfunded priorities.--Section 222a(b) of such title is 
        amended--
                    (A) by redesignating paragraph (5) as paragraph (6); 
                and
                    (B) by inserting after paragraph (4) the following 
                new paragraph:
            ``(5) The Chief of Space Operations.''.
            (11) Theater security cooperation expenses.--Section 
        312(b)(3) of such title is amended by inserting ``the Chief of 
        Space Operations,'' after ``the Commandant of the Marine 
        Corps,''.
            (12) Western hemisphere institute.--Section 343(e)(1)(E) of 
        such title is amended by inserting ``or Space Force'' after 
        ``for the Air Force''.
            (13) Original appointments of commissioned officers.--
        Section 531(a) of such title is amended--
                    (A) in paragraph (1), by striking ``and in the 
                grades of ensign, lieutenant (junior grade), and 
                lieutenant in the Regular Navy'' and inserting ``in the 
                grades of ensign, lieutenant (junior grade), and 
                lieutenant in the Regular Navy, and in the equivalent 
                grades in the Regular Space Force''; and
                    (B) in paragraph (2), by striking ``and in the 
                grades of lieutenant commander, commander, and captain 
                in the Regular Navy'' and inserting ``in the grades of 
                lieutenant commander, commander, and captain in the 
                Regular Navy, and in the equivalent grades in the 
                Regular Space Force''.
            (14) Service credit upon original appointment as a 
        commissioned officer.--Section 533(b)(2) of such title is 
        amended by striking ``or captain in the Navy'' and inserting ``, 
        captain in the Navy, or an equivalent grade in the Space 
        Force''.
            (15) Senior joint officer positions: recommendations to the 
        secretary of defense.--Section 604(a)(1)(A) of such title is 
        amended by inserting ``and the name of at least one Space Force 
        officer'' after ``Air Force officer''.
            (16) Force shaping authority.--Section 647(a)(2) of such 
        title is amended by striking ``of that armed force''.
            (17) Members: required service.--Section 651(b) of such 
        title is amended by striking ``of his armed force''.
            (18) Career flexibility to enhance retention of members.--
        Section 710(c)(1) of such title is amended by striking ``the 
        armed force concerned'' and inserting ``an armed force''.
            (19) Senior members of military staff committee of united 
        nations.--Section 711 of such title is amended by inserting ``or 
        the Space Force'' after ``Air Force''.
            (20) Rank: chief of space operations.--
                    (A) In general.--Section 743 of such title is 
                amended by striking ``and the Commandant of the Marine 
                Corps'' and inserting ``the Commandant of the Marine 
                Corps, and the Chief of Space Operations''.
                    (B) Heading.--The heading of such section 743 is 
                amended to read as follows:

[[Page 134 STAT. 3824]]

``Sec. 743. Rank: Chief of Staff of the Army; Chief of Naval 
                Operations; Chief of Staff of the Air Force; 
                Commandant of the Marine Corps; Chief of Space 
                Operations''.
                    (C) Table of sections.--The table of sections at the 
                beginning of chapter 43 of such title <<NOTE: 10 USC 741 
                prec.>>  is amended by striking the item relating to 
                section 743 and inserting the following new item:

``743. Rank: Chief of Staff of the Army; Chief of Naval Operations; 
           Chief of Staff of the Air Force; Commandant of the Marine 
           Corps; Chief of Space Operations.''.

            (21) Uniform code of military justice.--Chapter 47 of such 
        title (the Uniform Code of Military Justice) is amended--
                    (A) in section 822(a)(7) (article 22(a)(7)), by 
                striking ``Marine Corps'' and inserting ``Marine Corps, 
                or the commanding officer of a corresponding unit of the 
                Space Force'';
                    (B) in section 823(a) (article 23(a))--
                          (i) in paragraph (2)--
                                    (I) by striking ``Air Force base'' 
                                and inserting ``Air Force or Space Force 
                                military installation''; and
                                    (II) by striking ``or the Air 
                                Force'' and inserting ``the Air Force, 
                                or the Space Force''; and
                          (ii) in paragraph (4), by inserting ``or a 
                      corresponding unit of the Space Force'' after 
                      ``Air Force''; and
                    (C) in section 824(a)(3) (article 24(a)(3)), by 
                inserting ``or a corresponding unit of the Space Force'' 
                after ``Air Force''.
            (22) Service as cadet or midshipman not counted for length 
        of service.--Section 971(b)(2) of such title is amended by 
        striking ``or Air Force'' and inserting ``, Air Force, or Space 
        Force''.
            (23) Referral bonus.--Section 1030(h)(3) of such title is 
        amended by inserting ``and the Space Force'' after ``concerning 
        the Air Force''.
            (24) Return to active duty from temporary disability.--
        Section 1211(a) of such title is amended--
                    (A) in the matter preceding paragraph (1), by 
                striking ``or the Air Force'' and inserting ``, the Air 
                Force, or the Space Force''; and
                    (B) in paragraph (6)--
                          (i) by striking ``or the Air Force, who'' and 
                      inserting ``the Air Force, or the Space Force 
                      who''; and
                          (ii) by striking ``or the Air Force, as'' and 
                      inserting ``the Air Force, or the Space Force, 
                      as''.
            (25) Years of service.--Section 1405(c) of such title is 
        amended by striking ``or Air Force'' and inserting ``, Air 
        Force, or Space Force''.
            (26) Retired pay base for persons who became members before 
        september 8, 1980.--Section 1406 of such title is amended--
                    (A) in the heading of subsection (e), by inserting 
                ``and Space Force'' after ``Air Force''; and
                    (B) in subsection (i)(3)--
                          (i) in subparagraph (A)--
                                    (I) by redesignating clause (v) as 
                                clause (vi); and

[[Page 134 STAT. 3825]]

                                    (II) by inserting after clause (iv) 
                                the following new clause (v):
                          ``(v) Chief of Space Operations.''; and
                          (ii) in subparagraph (B)--
                                    (I) by redesignating clause (v) as 
                                clause (vi); and
                                    (II) by inserting after clause (iv) 
                                the following new clause (v):
                          ``(v) The senior enlisted advisor of the Space 
                      Force.''.
            (27) Special requirements for military personnel in the 
        acquisition field.--
                    (A) In general.--Section 1722a(a) of such title is 
                amended by striking ``and the Commandant of the Marine 
                Corps (with respect to the Army, Navy, Air Force, and 
                Marine Corps, respectively)'' and inserting ``, the 
                Commandant of the Marine Corps, and the Chief of Space 
                Operations (with respect to the Army, Navy, Air Force, 
                Marine Corps, and Space Force, respectively)''.
                    (B) Clarifying amendment.--Such section 1722a(a) is 
                further amended by striking ``the Under Secretary of 
                Defense for Acquisition, Technology, and Logistics'' and 
                inserting ``the Under Secretary of Defense for 
                Acquisition and Sustainment''.
            (28) Senior military acquisition advisors.--Section 
        1725(e)(1)(C) of such title is amended by inserting ``and Space 
        Force'' before the period.
            (29) Military family readiness council.--Section 1781a(b)(1) 
        of such title is amended by striking ``Marine Corps, and Air 
        Force'' each place it appears and inserting ``Air Force, Marine 
        Corps, and Space Force''.
            (30) Financial assistance program for specially selected 
        members.--Section 2107 of such title is amended--
                    (A) in subsection (a)--
                          (i) by striking ``or as a'' and inserting ``, 
                      as a''; and
                          (ii) by inserting ``or as an officer in the 
                      equivalent grade in the Space Force'' after 
                      ``Marine Corps,'';
                    (B) in subsection (b)--
                          (i) in paragraph (3), by striking ``the 
                      reserve component of the armed force in which he 
                      is appointed as a cadet or midshipman'' and 
                      inserting ``the reserve component of an armed 
                      force''; and
                          (ii) in paragraph (5), by striking ``reserve 
                      component of that armed force'' each place it 
                      appears and inserting ``reserve component of an 
                      armed force''; and
                    (C) in subsection (d), by striking ``second 
                lieutenant or ensign'' and inserting ``second 
                lieutenant, ensign, or an equivalent grade in the Space 
                Force''.
            (31) Space rapid capabilities office.--Section 2273a(d) of 
        such title is amended by striking paragraph (3).
            (32) Acquisition-related functions of chiefs of the armed 
        forces.--Section 2547(a) of such title is amended by striking 
        ``and the Commandant of the Marine Corps'' and inserting ``the 
        Commandant of the Marine Corps, and the Chief of Space 
        Operations''.

[[Page 134 STAT. 3826]]

            (33) Agreements related to military training, testing, and 
        operations.--Section 2684a(i) of such title is amended by 
        inserting ``Space Force,'' before ``or Defense-wide activities'' 
        each place it appears.

    (c) Provisions of Subtitle B.--
            (1) In general.--Subtitle B of title 10, United States Code, 
        is amended by striking ``or Marine Corps'' each place it appears 
        and inserting ``Marine Corps, or Space Force'' in the following 
        provisions:
                    (A) Section 7452(c).
                    (B) Section 7621(d).
            (2) Computation of years of service.--Section 7326(a)(1) of 
        such title is amended by striking ``or the Air Force'' and 
        inserting ``, the Air Force, or the Space Force''.

    (d) Provisions of Subtitle C.--
            (1) Cadets; hazing.--Section 8464(f) of title 10, United 
        States Code, is amended by striking ``or Marine Corps'' and 
        inserting ``Marine Corps, or Space Force''.
            (2) Sales prices.--
                    (A) In general.--Section 8802 of such title is 
                amended by striking ``or the Air Force'' and inserting 
                ``, the Air Force, or the Space Force''.
                    (B) Heading.--The heading of such section 8802 is 
                amended to read as follows:
``Sec. 8802. Sales: members of Army, Air Force, and Space Force; 
                  prices''.
                    (C) Table of sections.--The table of sections at the 
                beginning of chapter 879 of such title <<NOTE: 10 USC 
                8801 prec.>>  is amended by striking the item relating 
                to section 8802 and inserting the following new item:

``8802. Sales: members of Army, Air Force, and Space Force; prices.''.

            (3) Sales to certain veterans.--Section 8803 of such title 
        is amended by striking ``or the Marine Corps'' and inserting 
        ``the Marine Corps, or the Space Force''.
            (4) Subsistence and other supplies.--Section 8806(d) of such 
        title is amended by striking ``or Air Force or Marine Corps'' 
        and inserting ``, Air Force, Marine Corps, or Space Force''.
            (5) Scope of chapter on prize.--Section 8851(a) of such 
        title is amended by striking ``or the Air Force'' and inserting 
        ``, the Air Force, or the Space Force''.
SEC. 925. AMENDMENTS TO PROVISIONS OF LAW RELATING TO PAY AND 
                        ALLOWANCES.

    (a) Definitions.--Section 101 of title 37, United States Code, is 
amended--
            (1) in paragraphs (3) and (4), by inserting ``Space Force,'' 
        after ``Marine Corps,'' each place it appears; and
            (2) in paragraph (5)(C), by inserting ``and the Space 
        Force'' after ``Air Force''.

    (b) Basic Pay Rates.--
            (1) Commissioned officers.--Footnote 2 of the table titled 
        ``COMMISSIONED OFFICERS'' in section 601(c) of the John Warner 
        National Defense Authorization Act for Fiscal Year 2007 (Public 
        Law 109-364; 37 U.S.C. 1009 note) is amended

[[Page 134 STAT. 3827]]

        by inserting after ``Commandant of the Marine Corps,'' the 
        following: ``Chief of Space Operations,''.
            (2) Enlisted members.--Footnote 2 of the table titled 
        ``ENLISTED MEMBERS'' in section 601(c) of the John Warner 
        National Defense Authorization Act for Fiscal Year 2007 (Public 
        Law 109-364; 37 U.S.C. 1009 note) is amended by inserting after 
        ``Sergeant Major of the Marine Corps,'' the following: ``the 
        senior enlisted advisor of the Space Force,''.

    (c) Pay Grades: Assignment to; General Rules.--Section 201(a) of 
title 37, United States Code, is amended--
            (1) by striking ``(a) For the purpose'' and inserting 
        ``(a)(1) Subject to paragraph (2), for the purpose''; and
            (2) by adding at the end the following new paragraph:

    ``(2) For the purpose of computing their basic pay, commissioned 
officers of the Space Force are assigned to the pay grades in the table 
in paragraph (1) by grade or rank in the Air Force that is equivalent to 
the grade or rank in which such officers are serving in the Space 
Force.''.
    (d) Pay of Senior Enlisted Members.--Section 210(c) of title 37, 
United States Code, is amended--
            (1) by redesignating paragraph (5) as paragraph (6); and
            (2) by inserting after paragraph (4) the following new 
        paragraph (5):
            ``(5) The senior enlisted advisor of the Space Force.''.

    (e) Allowances Other Than Travel and Transportation Allowances.--
            (1) Personal money allowance.--Section 414 of title 37, 
        United States Code, is amended--
                    (A) in subsection (a)(5), by inserting ``Chief of 
                Space Operations,'' after ``Commandant of the Marines 
                Corps,''; and
                    (B) in subsection (b), by inserting ``the senior 
                enlisted advisor of the Space Force,'' after ``the 
                Sergeant Major of the Marine Corps,''.
            (2) Clothing allowance: enlisted members.--Section 418(d) of 
        such title is amended--
                    (A) in paragraph (1), by striking ``or Marine 
                Corps'' and inserting ``Marine Corps, or Space Force''; 
                and
                    (B) in paragraph (4), by striking ``or the Marine 
                Corps'' and inserting ``the Marine Corps, or the Space 
                Force''.

    (f) Travel and Transportation Allowances: Parking Expenses.--Section 
481i(b) of title 37, United States Code, is amended by striking ``or 
Marine Corps'' and inserting ``Marine Corps, or Space Force''.
    (g) Leave.--
            (1) Addition of space force.--Chapter 9 of title 37, United 
        States Code, is amended by inserting ``Space Force,'' after 
        ``Marines Corps,'' each place it appears in the following 
        provisions:
                    (A) Subsections (b)(1) and (e)(1) of section 501.
                    (B) Section 502(a).
                    (C) Section 503(a).
            (2) Addition of regular space force.--Section 501(b)(5)(C) 
        of such title is amended by striking ``or Regular Marine Corps'' 
        and inserting ``Regular Marine Corps, or Regular Space Force''.

[[Page 134 STAT. 3828]]

            (3) Technical amendments.--Chapter 9 of such title is 
        further amended as follows:
                    (A) In section 501(b)(1)--
                          (i) by striking ``his'' each place it appears 
                      and inserting ``the member's''; and
                          (ii) by striking ``he'' and inserting ``the 
                      member''.
                    (B) In section 502--
                          (i) by striking ``his designated 
                      representative'' each place it appears and 
                      inserting ``the Secretary's designated 
                      representative'';
                          (ii) in subsection (a), by striking ``he'' 
                      each place it appears and inserting ``the 
                      member''; and
                          (iii) in subsection (b), by striking ``his'' 
                      and inserting ``the member's''.

    (h) Allotment and Assignment of Pay.--
            (1) In general.--Subsections (a), (c), and (d) of section 
        701 of title 37, United States Code, are each amended by 
        striking ``or Marine Corps'' and inserting ``Marine Corps, or 
        Space Force''.
            (2) Technical amendments.--Such section 701 is further 
        amended--
                    (A) in subsection (a), by striking ``his'' and 
                inserting ``the officer's'';
                    (B) in subsection (b), by striking ``his'' and 
                inserting ``the person's''; and
                    (C) in subsection (c), by striking ``his pay, and if 
                he does so'' and inserting ``the member's pay, and if 
                the member does so''.
            (3) Heading.--The heading of such section 701 is amended to 
        read as follows:
``Sec. 701. Members of the Army, Navy, Air Force, Marine Corps, 
                and Space Force; contract surgeons''.
            (4) Table of sections.--The table of sections at the 
        beginning of chapter 13 of such title <<NOTE: 37 USC 701 
        prec.>>  is amended by striking the item relating to section 701 
        and inserting the following new item:

``701. Members of the Army, Navy, Air Force, Marine Corps, and Space 
           Force; contract surgeons.''.

    (i) Forfeiture of Pay.--
            (1) Forfeiture for absence for intemperate use of alcohol or 
        drugs.--
                    (A) In general.--Section 802 of title 37, United 
                States Code, is amended by striking ``or Marine Corps'' 
                and inserting ``Marine Corps, or Space Force''.
                    (B) Technical amendments.--Such section 802 is 
                further amended by striking ``his'' each place it 
                appears and inserting ``the member's''.
            (2) Forfeiture when dropped from rolls.--
                    (A) In general.--Section 803 of such title is 
                amended by striking ``or the Air Force'' and inserting 
                ``, the Air Force, or the Space Force''.
                    (B) Heading.--The heading of such section 803 is 
                amended to read as follows:

[[Page 134 STAT. 3829]]

``Sec. 803. Commissioned officers of the Army, Air Force, or Space 
                Force: forfeiture of pay when dropped from 
                rolls''.
                    (C) Table of sections.--The table of sections at the 
                beginning of chapter 15 of such title <<NOTE: 37 USC 801 
                prec.>>  is amended by striking the item relating to 
                section 803 and inserting the following new item:

``803. Commissioned officers of the Army, Air Force, or Space Force: 
           forfeiture of pay when dropped from rolls.''.

    (j) Effect on Pay of Extension of Enlistment.--Section 906 of title 
37, United States Code, is amended by inserting ``Space Force,'' after 
``Marine Corps,''.
    (k) Administration of Pay.--
            (1) Prompt payment required.--
                    (A) In general.--Section 1005 of title 37, United 
                States Code, is amended by striking ``and of the Air 
                Force'' and inserting ``, the Air Force, and the Space 
                Force''.
                    (B) Heading.--The heading of such section 1005 is 
                amended to read as follows:
``Sec. 1005. Army, Air Force, and Space Force: prompt payments 
                  required''.
                    (C) Table of sections.--The table of sections at the 
                beginning of chapter 15 of such title <<NOTE: 37 USC 
                1001 prec.>>  is amended by striking the item relating 
                to section 803 and inserting the following new item:

``1005. Army, Air Force, and Space Force: prompt payments required.''.

            (2) Deductions from pay.--
                    (A) In general.--Section 1007 of such title is 
                amended--
                          (i) in subsections (b), (d), (f), and (g), by 
                      striking ``or the Air Force'' and inserting ``, 
                      the Air Force, or the Space Force''; and
                          (ii) in subsection (e), by striking ``or 
                      Marine Corps'' and inserting ``Marine Corps, or 
                      Space Force''.
                    (B) Technical amendments.--Such section 1007 is 
                further amended--
                          (i) in subsection (b), by striking ``him'' and 
                      inserting ``the member'';
                          (ii) in subsection (d), by striking ``his'' 
                      each place it appears and inserting ``the 
                      member's''; and
                          (iii) in subsection (f)--
                                    (I) by striking ``his'' and 
                                inserting ``the officer's''; and
                                    (II) by striking ``he'' both places 
                                it appears and inserting ``the 
                                officer''.
SEC. 926. AMENDMENTS TO PROVISIONS OF LAW RELATING TO VETERANS' 
                        BENEFITS.

    (a) Addition of Space Service to References to Military, Naval, or 
Air Service.--Title 38, United States Code, is amended by striking ``or 
air service'' and inserting ``air, or space service'' each place it 
appears in the following provisions:
            (1) Paragraphs (2), (5), (12), (16), (17), (18), (24), and 
        (32) of section 101.
            (2) Section 105(a).
            (3) Section 106(b).

[[Page 134 STAT. 3830]]

            (4) Section 701.
            (5) Paragraphs (1) and (2)(A) of section 1101.
            (6) Section 1103.
            (7) Section 1110.
            (8) Subsections (b)(1) and (c)(1) of section 1112.
            (9) Section 1113(b).
            (10) Section 1131.
            (11) Section 1132.
            (12) Section 1133.
            (13) Section 1137.
            (14) Section 1141.
            (15) Section 1153.
            (16) Section 1301.
            (17) Subsections (a) and (b) of section 1302.
            (18) Section 1310(b).
            (19) Section 1521(j).
            (20) Section 1541(h).
            (21) Subsections (a)(2)(B) and (e)(3) of section 1710.
            (22) Section 1712(a).
            (23) Section 1712A(c).
            (24) Section 1717(d)(1).
            (25) Subsections (b) and (c) of section 1720A.
            (26) Section 1720D(c)(3).
            (27) Section 1720E(a).
            (28) Section 1720G(a)(2)(B).
            (29) Subsections (b)(2), (e)(1), and (e)(4) of section 
        1720I.
            (30) Section 1781(a)(3).
            (31) Section 1783(b)(1).
            (32) Section 1922(a).
            (33) Section 2002(b)(1).
            (34) Section 2101A(a)(1).
            (35) Subsections (a)(1)(C) and (d) of section 2301.
            (36) Section 2302(a).
            (37) Section 2303(b)(2).
            (38) Subsections (b)(4)(A) and (g)(2) of section 2306.
            (39) Section 2402(a)(1).
            (40) Section 3018B(a).
            (41) Section 3102(a)(1)(A)(ii).
            (42) Subsections (a) and (b)(2)(A) of section 3103.
            (43) Section 3113(a).
            (44) Section 3501(a).
            (45) Section 3512(b)(1)(B)(iii).
            (46) Section 3679(c)(2)(A).
            (47) Section 3701(b)(2).
            (48) Section 3712(e)(2).
            (49) Section 3729(c)(1).
            (50) Subparagraphs (A) and (B) of section 3901(1).
            (51) Subsections (c)(1)(A) and (d)(2)(B) of section 5103A.
            (52) Section 5110(j).
            (53) Section 5111(a)(2)(A).
            (54) Section 5113(b)(3)(C).
            (55) Section 5303(e).
            (56) Section 6104(c).
            (57) Section 6105(a).
            (58) Subsections (a)(1) and (b)(3) of section 6301.
            (59) Section 6303(b).
            (60) Section 6304(b)(1).

[[Page 134 STAT. 3831]]

            (61) Section 8301.

    (b) Definitions.--
            (1) Armed forces.--Paragraph (10) of section 101 of title 
        38, United States Code, is amended by inserting ``Space Force,'' 
        after ``Air Force,''.
            (2) Secretary concerned.--Paragraph (25)(C) of such section 
        is amended by inserting ``or the Space Force'' before the 
        semicolon.
            (3) Space force reserve.--Paragraph (27) of such section is 
        amended--
                    (A) by redesignating subparagraphs (E) through (G) 
                as subparagraphs (F) through (H), respectively; and
                    (B) by inserting after subparagraph (D) the 
                following new subparagraph (E):
                    ``(E) the Space Force Reserve;''.

    (c) Placement of Employees in Military Installations.--Section 701 
of title 38, United States Code, is amended by striking ``and Air 
Force'' and inserting ``Air Force, and Space Force''.
    (d) Consideration to Be Accorded Time, Place, and Circumstances of 
Service.--Section 1154(b) of title 38, United States Code, is amended by 
striking ``or air organization'' and inserting ``air, or space 
organization''.
    (e) Premium Payments.--Section 1908 of title 38, United States Code, 
is amended by inserting ``Space Force,'' after ``Marine Corps,''.
    (f) Secretary Concerned for GI Bill.--Section 3020(l)(3) of title 
38, United States Code, is amended by inserting ``or the Space Force'' 
before the semicolon.
    (g) Definitions for Post-9/11 GI Bill.--Section 3301(2)(C) of title 
38,United States Code, is amended by inserting ``or the Space Force'' 
after ``Air Force''.
    (h) Provision of Credit Protection and Other Services.--Section 
5724(c)(2) of title 38, United States Code, is amended by striking ``or 
Marine Corps'' and inserting ``Marine Corps, or Space Force''.
SEC. 927. AMENDMENTS TO OTHER PROVISIONS OF THE UNITED STATES CODE 
                        AND OTHER LAWS.

    (a) Title 5; Definition of Armed Forces.--Section 2101(2) of title 
5, United States Code, is amended by inserting after ``Marine Corps,'' 
the following: ``Space Force,''.
    (b) Title 14.--
            (1) Voluntary retirement.--Section 2152 of title 14, United 
        States Code, is amended by striking ``or Marine Corps'' and 
        inserting ``Marine Corps, or Space Force''.
            (2) Computation of length of service.--Section 2513 of such 
        title is amended by inserting after ``Air Force,'' the 
        following: ``Space Force,''.

    (c) Title 18; Firearms as Nonmailable.--Section 1715 of such title 
is amended by inserting ``Space Force,'' after ``Marine Corps,''.
    (d) Title 31.--
            (1) Definitions relating to claims.--Section 3701(a)(7) of 
        title 31, United States Code, is amended by inserting ``Space 
        Force,'' after ``Marine Corps,''.
            (2) Collection and compromise.--Section 3711(f) of such 
        title is amended in paragraphs (1) and (3) by inserting ``Space 
        Force,'' after ``Marine Corps,'' each place it appears.

[[Page 134 STAT. 3832]]

    (e) Title 41; Honorable Discharge Certificate in Lieu of Birth 
Certificate.--Section 6309(a) of title 41, United States Code, is 
amended by inserting ``Space Force,'' after ``Marine Corps,''.
    (f) Title 51; Powers of the Administration in Performance of 
Functions.--Section 20113(l) of title 51, United States Code, is 
amended--
            (1) in the subsection heading, by striking ``Services'' and 
        inserting ``Forces''; and
            (2) by striking ``and Marine Corps'' and inserting ``Marine 
        Corps, and Space Force''.

    (g) Public Law 79-772; Board of National Air and Space Museum.--
Section 1(a) of the Act of August 12, 1946 (60 Stat. 997, chapter 995; 
20 U.S.C. 77(a)), is amended by inserting ``the Chief of Space 
Operations, or the Chief's designee,'' after ``the Chief of Staff of the 
Air Force, or his designee,''.
SEC. 928. APPLICABILITY TO OTHER PROVISIONS OF LAW.

    Section 958(b)(1) of the National Defense Authorization Act for 
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1567; 10 U.S.C. 9081 
note) is amended--
            (1) in the matter preceding subparagraph (A), by striking 
        ``or the amendments made by this subtitle'' and inserting ``, 
        the amendments made by this subtitle, or the amendments made by 
        subtitle C of title IX of the William M. (Mac) Thornberry 
        National Defense Authorization Act for Fiscal Year 2021'';
            (2) in subparagraph (A), by striking ``and'' at the end;
            (3) in subparagraph (B), by striking the period at the end 
        and inserting a semicolon; and
            (4) by adding at the end the following new subparagraphs:
                    ``(C) the authority of the Secretary of Defense with 
                respect to the Air Force, members of the Air Force, or 
                civilian employees of the Air Force may be exercised by 
                the Secretary with respect to the Space Force, members 
                of the Space Force, or civilian employees of the Space 
                Force; and
                    ``(D) the authority of the Secretary of the Air 
                Force with respect to the Air Force, members of the Air 
                Force, or civilian employees of the Air Force may be 
                exercised by the Secretary with respect to the Space 
                Force, members of the Space Force, or civilian employees 
                of the Space Force.''.
SEC. 929. <<NOTE: 10 USC 517 note.>>  TEMPORARY EXEMPTION FROM 
                        AUTHORIZED DAILY AVERAGE OF MEMBERS IN PAY 
                        GRADES E-8 AND E-9.

    Section 517 of title 10, United States Code, shall not apply to the 
Space Force until October 1, 2023.
SEC. 930. LIMITATION ON TRANSFER OF MILITARY INSTALLATIONS TO THE 
                        JURISDICTION OF THE SPACE FORCE.

    (a) <<NOTE: Briefing. Analysis.>>  Limitation.--A military 
installation (whether or not under the jurisdiction of the Department of 
the Air Force) may not be transferred to the jurisdiction or command of 
the Space Force until the Secretary of the Air Force briefs the 
congressional defense committees on the results of a business case 
analysis, conducted by the Secretary in connection with the transfer, of 
the cost and efficacy of the transfer.

[[Page 134 STAT. 3833]]

    (b) <<NOTE: Deadline.>>  Timing of Briefing.--The briefing on a 
business case analysis conducted pursuant to subsection (a) shall be 
provided not later than 15 days after the date of the completion of the 
business case analysis by the Secretary.
SEC. 931. ORGANIZATION OF THE SPACE FORCE.

    (a) Limitations.--
            (1) <<NOTE: Determination.>>  Secretary of defense.--The 
        Secretary of Defense may not establish a Space National Guard or 
        Space Reserve as a reserve component of the Space Force until 
        the Secretary completes the study under subsection (b) and 
        determines, based on the result of such study, that a Space 
        National Guard or a Space Reserve is the organization best 
        suited to discharge, in an effective and efficient manner, the 
        missions intended to be assigned to such organization.
            (2) Secretary of the air force.--Until the Secretary of 
        Defense carries out subsection (b), the Secretary of the Air 
        Force may not--
                    (A) transfer, to another component of the Air Force, 
                any member or civilian personnel of the Air National 
                Guard who is assigned to a space mission; or
                    (B) relocate any asset, or dissolve any element, of 
                the Air National Guard or Air Force Reserve that is 
                assigned to a space mission.

    (b) <<NOTE: Deadline. Plan.>>  Study and Report Required.--Not later 
than March 31, 2021, the Secretary of Defense shall conduct a study to 
formulate a plan regarding how best to organize the active and reserve 
components of the Space Force and submit to the Committees on Armed 
Services of the Senate and the House of Representatives a report 
regarding such study. The report shall include the following:
            (1) The assumptions and factors used to make the plan.
            (2) Individuals who made recommendations regarding the 
        organization of such components.
            (3) <<NOTE: Determinations.>>  Determinations of the 
        Secretary regarding the mission, organization, and unit 
        retention of such components.
            (4) <<NOTE: Recommenda- tions.>>  The final organizational 
        and integration recommendations regarding such components.
            (5) <<NOTE: Proposals.>>  The proposed staffing and 
        operational organization for such components.
            (6) <<NOTE: Estimate.>>  The estimated date of 
        implementation of the plan.
            (7) Any savings or costs arising from the preservation of 
        existing space-related force structures in the Air National 
        Guard.

    (c) Rule of Construction.--Nothing in this section may be construed 
to prohibit the reserve components of the Air Force from performing 
space missions or continuing to support the Air Force and the Space 
Force in the performance of space missions.

                       TITLE X--GENERAL PROVISIONS

                      Subtitle A--Financial Matters

Sec. 1001. General transfer authority.
Sec. 1002. Budget materials for special operations forces.
Sec. 1003. Application of Financial Improvement and Audit Remediation 
           Plan to fiscal years following fiscal year 2020.
Sec. 1004. Incentives for the achievement by the components of the 
           Department of Defense of unqualified audit opinions on the 
           financial statements.
Sec. 1005. Audit readiness and remediation.

[[Page 134 STAT. 3834]]

Sec. 1006. Addition of Chief of the National Guard Bureau to the list of 
           officers providing reports of unfunded priorities.

                   Subtitle B--Counterdrug Activities

Sec. 1011. Quarterly reports on Department of Defense support provided 
           to other United States agencies for counterdrug activities 
           and activities to counter transnational organized crime.

                        Subtitle C--Naval Vessels

Sec. 1021. Limitation on availability of certain funds without naval 
           vessels plan and certification.
Sec. 1022. Limitations on use of funds in National Defense Sealift Fund 
           for purchase of foreign constructed vessels.
Sec. 1023. Use of National Sea-Based Deterrence Fund for incrementally 
           funded contracts to provide full funding for Columbia class 
           submarines.
Sec. 1024. Preference for United States vessels in transporting supplies 
           by sea.
Sec. 1025. Restrictions on overhaul, repair, etc. of naval vessels in 
           foreign shipyards.
Sec. 1026. Biennial report on shipbuilder training and the defense 
           industrial base.
Sec. 1027. Modification of waiver authority on prohibition on use of 
           funds for retirement of certain legacy maritime mine 
           countermeasure platforms.
Sec. 1028. Extension of authority for reimbursement of expenses for 
           certain Navy mess operations afloat.
Sec. 1029. Working group on stabilization of Navy shipbuilding 
           industrial base workforce.
Sec. 1030. Limitation on naval force structure changes.

                      Subtitle D--Counterterrorism

Sec. 1041. Extension of prohibition on use of funds for transfer or 
           release of individuals detained at United States Naval 
           Station, Guantanamo Bay, Cuba, to the United States.
Sec. 1042. Extension of prohibition on use of funds to construct or 
           modify facilities in the United States to house detainees 
           transferred from United States Naval Station, Guantanamo Bay, 
           Cuba.
Sec. 1043. Extension of prohibition on use of funds for transfer or 
           release of individuals detained at United States Naval 
           Station, Guantanamo Bay, Cuba, to certain countries.
Sec. 1044. Extension of prohibition on use of funds to close or 
           relinquish control of United States Naval Station, Guantanamo 
           Bay, Cuba.

          Subtitle E--Miscellaneous Authorities and Limitations

Sec. 1051. Support of special operations to combat terrorism.
Sec. 1052. Expenditure of funds for Department of Defense clandestine 
           activities that support operational preparation of the 
           environment.
Sec. 1053. Sale or donation of excess Department of Defense personal 
           property for law enforcement activities.
Sec. 1054. Prohibition on retirement of nuclear powered aircraft 
           carriers before first refueling.
Sec. 1055. Reauthorization of National Oceanographic Partnership 
           Program.
Sec. 1056. Modification and technical correction to Department of 
           Defense authority to provide assistance along the southern 
           land border of the United States.
Sec. 1057. Limitation on use of funds for retirement of A-10 aircraft.
Sec. 1058. Considerations relating to permanently basing United States 
           equipment or additional forces in host countries with at-risk 
           vendors in 5G or 6G networks.
Sec. 1059. Public availability of Department of Defense legislative 
           proposals.
Sec. 1060. Arctic planning, research, and development.
Sec. 1061. Authority to establish a movement coordination center pacific 
           in the Indo-Pacific region.
Sec. 1062. Limitation on provision of funds to institutions of higher 
           education hosting Confucius Institutes.
Sec. 1063. Support for national maritime heritage grants program.
Sec. 1064. Requirements for use of Federal law enforcement personnel, 
           active duty members of the Armed Forces, and National Guard 
           personnel in support of Federal authorities to respond to 
           civil disturbances.

                     Subtitle F--Studies and Reports

Sec. 1071. FFRDC study of explosive ordnance disposal agencies.
Sec. 1072. Study on force structure for Marine Corps aviation.

[[Page 134 STAT. 3835]]

Sec. 1073. Report on joint training range exercises for the Pacific 
           region.
Sec. 1074. Reports on threats to United States forces from small 
           unmanned aircraft systems worldwide.
Sec. 1075. Under Secretary of Defense (Comptroller) reports on improving 
           the budget justification and related materials of the 
           Department of Defense.
Sec. 1076. Quarterly briefings on Joint All Domain Command and Control 
           effort.
Sec. 1077. Report on civilian casualty resourcing and authorities.
Sec. 1078. Comptroller General Review of Department of Defense efforts 
           to prevent resale of goods manufactured by forced labor in 
           commissaries and exchanges.
Sec. 1079. Comptroller General report on Department of Defense processes 
           for responding to congressional reporting requirements.

                        Subtitle G--Other Matters

Sec. 1081. Technical, conforming, and clerical amendments.
Sec. 1082. Reporting of adverse events relating to consumer products on 
           military installations.
Sec. 1083. Modification to First Division monument.
Sec. 1084. Sense of Congress regarding reporting of civilian casualties 
           resulting from United States military operations.
Sec. 1085. Deployment of real-time status of special use airspace.
Sec. 1086.  Duties of Secretary under uniformed and overseas citizens 
           absentee voting act.
Sec. 1087. Mitigation of military helicopter noise.
Sec. 1088. Congressional expression of support for designation of 
           National Borinqueneers Day.
Sec. 1089. Ted Stevens Center for Arctic Security Studies.
Sec. 1090. Establishment of vetting procedures and monitoring 
           requirements for certain military training.
Sec. 1091. Personal protective equipment matters.

                      Subtitle A--Financial Matters

SEC. 1001. GENERAL TRANSFER AUTHORITY.

    (a) Authority To Transfer Authorizations.--
            (1) <<NOTE: Determination.>>  Authority.--Upon determination 
        by the Secretary of Defense that such action is necessary in the 
        national interest, the Secretary may transfer amounts of 
        authorizations made available to the Department of Defense in 
        this division for fiscal year 2021 between any such 
        authorizations for that fiscal year (or any subdivisions 
        thereof). Amounts of authorizations so transferred shall be 
        merged with and be available for the same purposes as the 
        authorization to which transferred.
            (2) Limitation.--Except as provided in paragraph (3), the 
        total amount of authorizations that the Secretary may transfer 
        under the authority of this section may not exceed 
        $4,000,000,000.
            (3) Exception for transfers between military personnel 
        authorizations.--A transfer of funds between military personnel 
        authorizations under title IV shall not be counted toward the 
        dollar limitation in paragraph (2).

    (b) Limitations.--The authority provided by subsection (a) to 
transfer authorizations--
            (1) may only be used to provide authority for items that 
        have a higher priority than the items from which authority is 
        transferred; and
            (2) may not be used to provide authority for an item that 
        has been denied authorization by Congress.

    (c) Effect on Authorization Amounts.--A transfer made from one 
account to another under the authority of this section shall be deemed 
to increase the amount authorized for the account to which the amount is 
transferred by an amount equal to the amount transferred.

[[Page 134 STAT. 3836]]

    (d) Notice to Congress.--The Secretary shall promptly notify 
Congress of each transfer made under subsection (a).
SEC. 1002. BUDGET MATERIALS FOR SPECIAL OPERATIONS FORCES.

    Section 226 of title 10, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by inserting ``of Defense and the Secretary of 
                each of the military departments'' after ``Secretary'';
                    (B) by striking ``2021'' and inserting ``2022'';
                    (C) by striking ``a consolidated budget 
                justification display'' and inserting ``a budget 
                justification display for each applicable 
                appropriation'';
                    (D) in the second sentence, by striking ``display'' 
                and all that follows and inserting ``displays shall 
                include each of the following:'' and
                    (E) by adding at the end the following new 
                paragraphs:
            ``(1) Details at the appropriation and line item level, 
        including any amount for service-common support, acquisition 
        support, training, operations, pay and allowances, base 
        operations sustainment, and any other common services and 
        support.
            ``(2) An identification of any change in the level or type 
        of service-common support and enabling capabilities provided by 
        each of the military services or Defense Agencies to special 
        operations forces for the fiscal year covered by the budget 
        justification display when compared to the preceding fiscal 
        year, including the rationale for any such change and any 
        mitigating actions.
            ``(3) <<NOTE: Assessment.>>  An assessment of the specific 
        effects that the budget justification display for the fiscal 
        year covered by the display and any anticipated future manpower 
        and force structure changes are likely to have on the ability of 
        each of the military services to provide service-common support 
        and enabling capabilities to special operations forces.
            ``(4) Any other matters the Secretary of Defense or the 
        Secretary of a military department determines are relevant.'';
            (2) by redesignating subsection (b) as subsection (c); and
            (3) by inserting after subsection (a) the following new 
        subsection (b):

    ``(b) Consolidated Budget Justification Display.--The Secretary of 
Defense shall include, in the budget materials submitted to Congress 
under section 1105 of title 31, for fiscal year 2022 and any subsequent 
fiscal year, a consolidated budget justification display containing the 
same information as is required in the budget justification displays 
required under subsection (a). <<NOTE: Summaries.>>  Such consolidated 
budget justification display may be provided as a summary by 
appropriation for each military department and a summary by 
appropriation for all Defense Agencies.''.
SEC. 1003. APPLICATION OF FINANCIAL IMPROVEMENT AND AUDIT 
                          REMEDIATION PLAN TO FISCAL YEARS 
                          FOLLOWING FISCAL YEAR 2020.

    Section 240b(a)(2)(A)(iii) of title 10, United States Code, is 
amended by striking ``for fiscal year 2018'' and all that follows and 
inserting ``for each fiscal year after fiscal year 2020 occurs by not 
later than March 31 following such fiscal year;''.

[[Page 134 STAT. 3837]]

SEC. 1004. INCENTIVES FOR THE ACHIEVEMENT BY THE COMPONENTS OF THE 
                          DEPARTMENT OF DEFENSE OF UNQUALIFIED 
                          AUDIT OPINIONS ON THE FINANCIAL 
                          STATEMENTS.

    (a) <<NOTE: 10 USC 240b note.>>  Incentives Required.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of the enactment of this Act, the Under 
        Secretary of Defense (Comptroller), acting through the Deputy 
        Chief Financial Officer of the Department of Defense, shall 
        develop and issue guidance to provide incentives for the 
        achievement by each department, agency, and other component of 
        the Department of Defense of unqualified audit opinions on their 
        financial statements.
            (2) Applicability.--The guidance required under paragraph 
        (1) shall provide incentives for individual employees in 
        addition to departments, agencies, and components.

    (b) Report.--Section 240b(b)(1)(B) of title 10, United States Code, 
is amended by adding at the end the following new clause:
                          ``(xiii) An description of the incentives 
                      available pursuant to the guidance required by 
                      section 1004(a) of the William M. (Mac) Thornberry 
                      National Defense Authorization Act for Fiscal Year 
                      2021, including a detailed explanation of how such 
                      incentives were provided during the fiscal year 
                      covered by the report.''.
SEC. 1005. AUDIT READINESS AND REMEDIATION.

    (a) Audit Remediation Plan.--Section 240g(a) of title 10, United 
States Code, is amended--
            (1) in paragraph (2), by striking ``and'' at the end;
            (2) in paragraph (3), by striking the period and inserting 
        ``; and''; and
            (3) by adding at the end the following new paragraphs:
            ``(4) the amount spent by the Department on operating and 
        maintaining financial management systems during the preceding 
        five fiscal years; and
            ``(5) the amount spent by the Department on acquiring or 
        developing new financial management systems during such five 
        fiscal years.''.

    (b) Annual Report on Unfunded Priorities.--
            (1) In general.--Chapter 9A of title 10, United States Code, 
        is amended by adding at the end the following new section:
``Sec. 240i. <<NOTE: 10 USC 240i.>>  Annual report on unfunded 
                  priorities

    ``(a) In General.--Not later than 10 days after the date on which 
the budget of the President for a fiscal year is submitted to Congress 
pursuant to section 1105 of title 31, the Under Secretary of Defense 
(Comptroller) shall submit to the Secretary of Defense, the Chairman of 
the Joint Chiefs of Staff, and the congressional defense committees a 
report on unfunded priorities of the Department of Defense related to 
audit readiness and remediation.
    ``(b) Elements.--(1) Each report under subsection (a) shall include, 
for each unfunded priority covered by such report, the following:
            ``(A) <<NOTE: Summary.>>  A summary description of such 
        priority, including the objectives to be achieved if such 
        priority were to be funded (whether in whole or in part).

[[Page 134 STAT. 3838]]

            ``(B) <<NOTE: Recommenda- tions.>>  The additional amount of 
        funds recommended in connection with the objectives identified 
        under subparagraph (A).
            ``(C) Account information with respect to such priority, 
        including, as applicable, the following:
                    ``(i) Line item number, in the case of applicable 
                procurement accounts.
                    ``(ii) Program element number, in the case of 
                applicable research, development, test, and evaluation 
                accounts.
                    ``(iii) Sub-activity group, in the case of 
                applicable operation and maintenance accounts.

    ``(2) The Under Secretary shall ensure that the unfunded priorities 
covered by a report under subsection (a) are listed in the order of 
urgency of priority, as determined by the Under Secretary.
    ``(c) Unfunded Priority Defined.--In this section, the term 
`unfunded priority', with respect to a fiscal year, means an activity 
related to an audit readiness or remediation effort stemming from a 
relevant requirement under the Chief Financial Officer Act (Public Law 
101-576), chapter 9 of title 31, or this chapter that--
            ``(1) is not funded in the budget of the President for that 
        fiscal year, as submitted to Congress pursuant to section 1105 
        of title 31;
            ``(2) is necessary to address a shortfall in an audit 
        readiness or remediation activity; and
            ``(3) would have been recommended for funding through the 
        budget referred to in paragraph (1) if--
                    ``(A) additional resources had been available for 
                the budget to fund the program, activity, or mission 
                requirement; or
                    ``(B) the program, activity, or mission requirement 
                had emerged before the budget was formulated.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of such chapter <<NOTE: 10 USC 240a prec.>>  is 
        amended by inserting after the item relating to section 240h the 
        following new item:

``240i. Annual report on unfunded priorities.''.

SEC. 1006. ADDITION OF CHIEF OF THE NATIONAL GUARD BUREAU TO THE 
                          LIST OF OFFICERS PROVIDING REPORTS OF 
                          UNFUNDED PRIORITIES.

    Section 222a of title 10, United States Code, is amended--
            (1) in subsection (b), as amended by section 924, by adding 
        at the end the following new paragraph:
            ``(7) The Chief of the National Guard Bureau in the role 
        assigned to that position in section 10502(c)(1) of this 
        title.''; and
            (2) in subsection (c), by adding at the end the following 
        new paragraph:
            ``(3) National guard unfunded priorities.--
                    ``(A) <<NOTE: Reports.>>  In general.--The officer 
                specified under subsection (b)(6) shall only include in 
                a report submitted under subsection (a) such priorities 
                that--
                          ``(i) relate to equipping requirements in 
                      support of non-federalized National Guard 
                      responsibilities for the homeland defense or civil 
                      support missions; and
                          ``(ii) <<NOTE: Time period.>>  except as 
                      provided in subparagraph (B), were not included in 
                      a report under this section submitted by an 
                      officer specified in subsection (b)(1) or (3) for

[[Page 134 STAT. 3839]]

                      any of five fiscal years preceding the fiscal year 
                      for which the report is submitted, on behalf of 
                      National Guard forces to address a warfighting 
                      requirement.
                    ``(B) Exception.--The officer specified under 
                subsection (b)(6) may include in a report submitted 
                under subsection (a) an unfunded priority covered by 
                subparagraph (A)(ii) if the Secretary of Defense--
                          ``(i) <<NOTE: Determination.>>  determines 
                      that the inclusion such unfunded priority 
                      reasonably supports the priorities of the 
                      Department under the national defense strategy 
                      under section 113(g) of this title; and
                          ``(ii) <<NOTE: Notice.>>  submits to the 
                      congressional defense committees written notice of 
                      such determination.''.

                   Subtitle B--Counterdrug Activities

SEC. 1011. QUARTERLY REPORTS ON DEPARTMENT OF DEFENSE SUPPORT 
                          PROVIDED TO OTHER UNITED STATES AGENCIES 
                          FOR COUNTERDRUG ACTIVITIES AND 
                          ACTIVITIES TO COUNTER TRANSNATIONAL 
                          ORGANIZED CRIME.

    Section 284(h) of title 10, United States Code, is amended by adding 
at the end the following new paragraph:
            ``(3) Quarterly reports.--
                    ``(A) In general.--Not less frequently than once 
                each quarter, the Secretary shall submit to the 
                appropriate committees of Congress a report on 
                Department of Defense support provided under subsection 
                (b) during the quarter preceding the quarter during 
                which the report is submitted. Each such report shall be 
                submitted in written and electronic form and shall 
                include--
                          ``(i) an identification of each recipient of 
                      such support;
                          ``(ii) a description of the support provided 
                      and anticipated duration of such support; and
                          ``(iii) a description of the sources and 
                      amounts of funds used to provide such support;
                    ``(B) Appropriate committees of congress.--
                Notwithstanding subsection (i)(1), for purposes of a 
                report under this paragraph, the appropriate committees 
                of Congress are--
                          ``(i) the Committees on Armed Services of the 
                      Senate and House of Representatives; and
                          ``(ii) any committee with jurisdiction over 
                      the department or agency that receives support 
                      covered by the report.''.

                        Subtitle C--Naval Vessels

SEC. 1021. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS WITHOUT 
                          NAVAL VESSELS PLAN AND CERTIFICATION.

    Section 231 of title 10, United States Code, is amended--
            (1) in subsection (a)--
                    (A) by striking ``Secretary of Defense'' and 
                inserting ``Secretary of the Navy''; and
                    (B) by striking ``and'' after the colon; and

[[Page 134 STAT. 3840]]

            (2) in subsection (e)--
                    (A) in paragraph (1), by striking ``the Secretary of 
                the Navy may not use more than 50 percent of the funds'' 
                and inserting ``the Secretary of Defense may not use 
                more than 25 percent of the funds''; and
                    (B) in paragraph (2)--
                          (i) by striking ``Secretary of the Navy'' and 
                      inserting ``Secretary of Defense'';
                          (ii) by striking ``operation and maintenance, 
                      Navy'' and inserting ``operation and maintenance, 
                      Defense-wide''; and
                          (iii) by inserting before the period at the 
                      end the following: ``, that remain available for 
                      obligation or expenditure as of the date on which 
                      the plan and certification under subsection (a) 
                      are required to be submitted''.
SEC. 1022. LIMITATIONS ON USE OF FUNDS IN NATIONAL DEFENSE SEALIFT 
                          FUND FOR PURCHASE OF FOREIGN CONSTRUCTED 
                          VESSELS.

    Section 2218(f)(3) of title 10, United States Code, is amended--
            (1) in subparagraph (C), by striking ``seven'' and inserting 
        ``nine'';
            (2) in subparagraph (E)--
                    (A) in the matter preceding clause (i), by striking 
                ``two'' and inserting ``four''; and
                    (B) in clause (ii), by striking ``2026'' and 
                inserting ``2028''; and
            (3) in subparagraph (G), by striking ``subparagraph (E)'' 
        and inserting ``subparagraph (F)''.
SEC. 1023. USE OF NATIONAL SEA-BASED DETERRENCE FUND FOR 
                          INCREMENTALLY FUNDED CONTRACTS TO 
                          PROVIDE FULL FUNDING FOR COLUMBIA CLASS 
                          SUBMARINES.

    (a) In General.--Section 2218a(h)(1) of title 10, United States 
Code, is amended--
            (1) by striking ``incrementally funded contracts for'' and 
        all that follows and inserting ``incrementally funded contracts 
        for--''; and
            (2) by adding at the end the following new subparagraphs:
            ``(A) advance procurement of high value, long lead time 
        items for nuclear powered vessels to better support construction 
        schedules and achieve cost savings through schedule reductions 
        and properly phased installment payments; and
            ``(B) construction of the first two Columbia class 
        submarines.''.

    (b) Limitation.--None of the amounts authorized to be appropriated 
or otherwise made available for any of fiscal years 2021 through 2023 
for the Department of Defense for Shipbuilding and Conversion, Navy, for 
the ``Ohio Replacement Submarine'' line item, may be obligated or 
expended for the construction of SSBN 827, unless otherwise specifically 
provided by law.
SEC. 1024. PREFERENCE FOR UNITED STATES VESSELS IN TRANSPORTING 
                          SUPPLIES BY SEA.

    (a) Preference for United States Vessels in Transporting Supplies by 
Sea.--

[[Page 134 STAT. 3841]]

            (1) In general.--Section 2631 of title 10, United States 
        Code, is amended to read as follows:
``Sec. 2631. Preference for United States vessels in transporting 
                  supplies by sea

    ``(a) In General.--Supplies bought for the Army, Navy, Air Force, or 
Marine Corps, or for a Defense Agency, or otherwise transported by the 
Department of Defense, may only be transported by sea in--
            ``(1) a vessel belonging to the United States; or
            ``(2) a vessel of the United States (as such term is defined 
        in section 116 of title 46).

    ``(b) Waiver and Notification.--(1) The Secretary of Defense may 
waive the requirement under subsection (a) if such a vessel is--
            ``(A) not available at a fair and reasonable rate for 
        commercial vessels of the United States; or
            ``(B) otherwise not available.

    ``(2) <<NOTE: Time period.>>  At least once each fiscal year, the 
Secretary of Defense shall submit, in writing, to the appropriate 
congressional committees a notice of any waiver granted under this 
subsection and the reasons for such waiver.

    ``(c) Requirements for Reflagging or Repair Work.--(1) In each 
request <<NOTE: Proposals.>>  for proposals to enter into a time-charter 
contract for the use of a vessel for the transportation of supplies 
under this section, the Secretary of Defense shall require that--
            ``(A) any reflagging or repair work on a vessel for which a 
        proposal is submitted in response to the request for proposals 
        be performed in the United States (including any territory of 
        the United States); and
            ``(B) any corrective and preventive maintenance or repair 
        work on a vessel under contract pursuant to this section 
        relevant to the purpose of such contract be performed in the 
        United States (including any territory of the United States) for 
        the duration of the contract, to the greatest extent 
        practicable.

    ``(2) <<NOTE: Waiver authority. Determination.>>  The Secretary of 
Defense may waive a requirement under paragraph (1) if the Secretary 
determines that such waiver is critical to the national security of the 
United States. <<NOTE: Notice.>>  The Secretary shall immediately 
submit, in writing, to the appropriate congressional committees a notice 
of any waiver granted under this paragraph and the reasons for such 
waiver.

    ``(3) <<NOTE: Definitions.>>  In this subsection:
            ``(A) The term `reflagging or repair work' means work 
        performed on a vessel--
                    ``(i) to enable the vessel to meet applicable 
                standards to become a vessel of the United States; or
                    ``(ii) to convert the vessel to a more useful 
                military configuration.
            ``(B) The term `corrective and preventive maintenance or 
        repair' means--
                    ``(i) maintenance or repair actions performed as a 
                result of a failure in order to return or restore 
                equipment to acceptable performance levels; and
                    ``(ii) scheduled maintenance or repair actions to 
                prevent or discover functional failures.

[[Page 134 STAT. 3842]]

    ``(d) Compliance.--The Secretary of Defense shall ensure that 
contracting officers of the Department of Defense award contracts under 
this section to responsible offerors and monitor and ensure compliance 
with the requirements of this section. The Secretary shall--
            ``(1) ensure that timely, accurate, and complete information 
        on contractor performance under this section is included in any 
        contractor past performance database used by an executive 
        agency; and
            ``(2) <<NOTE: Determination.>>  exercise appropriate 
        contractual rights and remedies against contractors who fail to 
        comply with this section, or subchapter I of chapter 553 of 
        title 46, as determined by the Secretary of Transportation under 
        such subchapter, including by--
                    ``(A) determining that a contractor is ineligible 
                for an award of such a contract; or
                    ``(B) terminating such a contract or suspension or 
                debarment of the contractor for such contract.

    ``(e) Appropriate Congressional Committees Defined.--In this 
section, the term `appropriate congressional committees' means--
            ``(1) the Committees on Armed Services of the Senate and the 
        House of Representatives;
            ``(2) the Committee on Transportation and Infrastructure of 
        the House of Representatives; and
            ``(3) the Committee on Commerce, Science, and Transportation 
        of the Senate.''.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 157 of title 10, United States 
        Code, <<NOTE: 10 USC 2631 prec.>>  is amended by striking the 
        item relating to section 2631 and inserting the following new 
        item:

``2631. Preference for United States vessels in transporting supplies by 
           sea.''.

    (b) Amendments to Title 46, United States Code.--
            (1) Transfer of provision relating to priority loading for 
        coal.--
                    (A) In general.--Section 55301 of title 46, United 
                States Code, is redesignated as section 55123 of such 
                title, transferred to appear after section 55122 of such 
                title, and amended so that the enumerator, section 
                heading, typeface, and typestyle conform to those 
                appearing in other sections in such title.
                    (B) Conforming amendments.--
                          (i) The analysis for subchapter I of chapter 
                      553 of title 46, United States Code, <<NOTE: 46 
                      USC 55301 prec.>>  is amended by striking the item 
                      relating to section 55301.
                          (ii) The analysis for chapter 551 of title 46, 
                      United States Code, <<NOTE: 46 USC 55101 prec.>>  
                      is amended by inserting after the item relating to 
                      section 55122 the following new item:

``55123. Priority loading for coal.''.

            (2) Amendment to subchapter heading.--The heading of 
        subchapter I of chapter 553 of title 46, United States 
        Code, <<NOTE: 46 USC 55301 prec.>>  is amended to read as 
        follows:

[[Page 134 STAT. 3843]]

          ``subchapter i--government impelled transportation''.

SEC. 1025. RESTRICTIONS ON OVERHAUL, REPAIR, ETC. OF NAVAL VESSELS 
                          IN FOREIGN SHIPYARDS.

    (a) Exception for Damage Repair Due to Hostile Actions or 
Interventions.--Section 8680(a) of title 10, United States Code, is 
amended--
            (1) in paragraph (1), by striking ``, other than in the case 
        of voyage repairs''; and
            (2) by adding at the end the following new paragraph:

    ``(3) Notwithstanding paragraph (1), a naval vessel described in 
paragraph (1) may be repaired in a shipyard outside the United States or 
Guam if the repairs are--
            ``(A) voyage repairs; or
            ``(B) necessary to correct damage sustained due to hostile 
        actions or interventions.''.

    (b) Limited Authority To Use Foreign Workers.--Section 
8680(a)(2)(B)(i) of title 10, United States Code, is amended--
            (1) by inserting ``(I)'' after ``(i)''; and
            (2) by adding at the end the following new subclauses:

    ``(II) <<NOTE: Determination.>>  Notwithstanding subclause (I), 
foreign workers may be used to perform corrective and preventive 
maintenance or repair on a vessel as described in subparagraph (A) only 
if the Secretary of the Navy determines that travel by United States 
Government personnel or United States contractor personnel to perform 
the corrective or preventive maintenance or repair is not advisable for 
health or safety reasons. The Secretary of the Navy may not delegate the 
authority to make a determination under this subclause.

    ``(III) <<NOTE: Deadline. Notification.>>  Not later than 30 days 
after making a determination under subclause (II), the Secretary of the 
Navy shall submit to the congressional defense committees written 
notification of the determination. The notification shall include the 
reasons why travel by United States personnel is not advisable for 
health or safety reasons, the location where the corrective and 
preventive maintenance or repair will be performed, and the approximate 
duration of the corrective and preventive maintenance or repair.''.

    (c) Technical Correction.--Section 8680(a)(2)(C)(ii) of title 10, 
United States Code, is amended by striking the period after ``means--''.
SEC. 1026. BIENNIAL REPORT ON SHIPBUILDER TRAINING AND THE DEFENSE 
                          INDUSTRIAL BASE.

    (a) In General.--Chapter 863 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 8692. <<NOTE: 10 USC 8692.>>  Biennial report on 
                  shipbuilder training and the defense industrial 
                  base

    `` <<NOTE: Coordination.>> Not later than February 1 of each even-
numbered year until 2026, the Secretary of the Navy, in coordination 
with the Secretary of Labor, shall submit to the Committee on Armed 
Services and the Committee on Health, Education, Labor, and Pensions of 
the Senate and the Committee on Armed Services and the Committee on 
Education and Labor of the House of Representatives a report on 
shipbuilder training and hiring requirements necessary to achieve the 
Navy's 30-year shipbuilding plan and to maintain the shipbuilding 
readiness of the defense industrial base. <<NOTE: Analyses.>>  Each such 
report shall include each of the following:

[[Page 134 STAT. 3844]]

            ``(1) <<NOTE: Estimate.>>  An analysis and estimate of the 
        time and investment required for new shipbuilders to gain 
        proficiency in particular shipbuilding occupational specialties, 
        including detailed information about the occupational specialty 
        requirements necessary for construction of naval surface ship 
        and submarine classes to be included in the Navy's 30-year 
        shipbuilding plan.
            ``(2) An analysis of the age demographics and occupational 
        experience level (measured in years of experience) of the 
        shipbuilding defense industrial workforce.
            ``(3) An analysis of the potential time and investment 
        challenges associated with developing and retaining shipbuilding 
        skills in organizations that lack intermediate levels of 
        shipbuilding experience.
            ``(4) <<NOTE: Recommenda- tions.>>  Recommendations 
        concerning how to address shipbuilder training during periods of 
        demographic transition and evolving naval fleet architecture 
        consistent with the Navy's most recent Integrated Force 
        Structure Assessment.
            ``(5) An analysis of whether emerging technologies, such as 
        augmented reality, may aid in new shipbuilder training.
            ``(6) <<NOTE: Recommenda- tions.>>  Recommendations 
        concerning how to encourage young adults to enter the defense 
        shipbuilding industry and to develop the skills necessary to 
        support the shipbuilding defense industrial base.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter <<NOTE: 10 USC 8661 prec.>>  is amended by adding at the 
end the following new item:

``8692. Biennial report on shipbuilder training and the defense 
           industrial base.''.

SEC. 1027. MODIFICATION OF WAIVER AUTHORITY ON PROHIBITION ON USE 
                          OF FUNDS FOR RETIREMENT OF CERTAIN 
                          LEGACY MARITIME MINE COUNTERMEASURE 
                          PLATFORMS.

    (a) In General.--Section 1046(b)(1) of the National Defense 
Authorization Act for Fiscal Year 2018 (Public law 115-91; 131 Stat. 
1556) is amended by striking ``certifies'' and inserting ``, with the 
concurrence of the Director of Operational Test and Evaluation, 
certifies in writing''.
    (b) <<NOTE: Applicability.>>  Effective Date.--The amendment made by 
subsection (a) shall take effect on the date of the enactment of this 
Act, and shall apply with respect to waivers under subsection (b)(1) of 
section 1046 of the National Defense Authorization Act for Fiscal Year 
2018 of the prohibition under subsection (a) of that section that occur 
on or after that date.
SEC. 1028. EXTENSION OF AUTHORITY FOR REIMBURSEMENT OF EXPENSES 
                          FOR CERTAIN NAVY MESS OPERATIONS AFLOAT.

    Section 1014(b) of the Duncan Hunter National Defense Authorization 
Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 4585), as most 
recently amended by section 1023(a) of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 
966), is further amended by striking ``September 30, 2020'' and 
inserting ``September 30, 2025''.
SEC. 1029. WORKING GROUP ON STABILIZATION OF NAVY SHIPBUILDING 
                          INDUSTRIAL BASE WORKFORCE.

    (a) <<NOTE: Appointments. Recommenda- tions.>>  In General.--The 
Secretary of the Navy and the Secretary of Labor shall jointly establish 
and appoint members to a working

[[Page 134 STAT. 3845]]

group, which shall make recommendations to enhance the integration of 
programs, resources, and expertise to strengthen the Navy shipbuilding 
industrial base through greater stabilization of the workforce available 
to the Navy shipbuilding industrial base.

    (b) Duties.--The working group established pursuant to subsection 
(a) shall carry out the following activities:
            (1) Analyze existing Department of the Navy shipbuilding 
        contracts and other relevant information to better anticipate 
        future employment trends and tailor support and opportunities 
        for workers most vulnerable to upcoming workforce fluctuations.
            (2) Identify existing Department of Labor programs for 
        unemployed, underemployed, and furloughed employees that could 
        benefit the Navy shipbuilding industrial base workforce during 
        times of workload fluctuations and workforce instability, and 
        explore potential partnerships to connect employees with 
        appropriate resources.
            (3) Explore possible cost sharing agreements to enable the 
        Secretary of the Navy to contribute funding to existing 
        Department of Labor workforce programs to support the Navy 
        shipbuilding industrial base workforce.
            (4) Examine possible programs that will specifically assist 
        furloughed employees in the Navy shipbuilding industrial base 
        workforce who may sporadically rely on unemployment benefits.
            (5) Explore opportunities for unemployed, underemployed, or 
        furloughed employees in the Navy shipbuilding industrial base 
        workforce to receive workforce training through temporary 
        partnerships with States, technical schools, community colleges, 
        and other local workforce development opportunities.
            (6) Review existing training programs for the Navy 
        shipbuilding industrial base workforce to maximize relevant and 
        necessary training opportunities that would broaden employee 
        skillset during times of unemployment, underemployment, or 
        furlough, where applicable.
            (7) <<NOTE: Assessment.>>  Assess the possibility of Navy 
        shipbuilding employee support programs to weather a period of 
        unemployment, underemployment, or furlough, including 
        compensation options, alternative employment, temporary 
        stipends, or other worker support opportunities.
            (8) <<NOTE: Study. Recommenda- tions.>>  Study cross-State 
        credentialing requirements and identify any restrictions that 
        inhibit the flexibility of the Navy shipbuilding industrial base 
        workforce to seek employment opportunities across State lines, 
        and make recommendations to streamline licensing, credentialing, 
        certification, and qualification requirements within the 
        shipbuilding industry.
            (9) <<NOTE: Review.>>  Review additional or new contracting 
        authorities that could enable the Department of the Navy to 
        award short-term, flexible contracts that will prioritize work 
        for unemployed, underemployed, or furloughed employees within 
        the Navy shipbuilding industrial base workforce.
            (10) <<NOTE: Assessment.>>  Identify specific workforce 
        support programs to support suppliers of all sizes within the 
        Navy shipbuilding industrial base, and assess any additional 
        support from prime contractors that would improve the stability 
        of such suppliers.
            (11) <<NOTE: Assessment.>>  Assess whether greater 
        collaboration with the United States Coast Guard and its 
        shipbuilding contractors and subcontractors would improve Navy 
        shipbuilding industrial base

[[Page 134 STAT. 3846]]

        workforce stability by assessing a totality of Navy and Coast 
        Guard shipbuilding demands.
            (12) Consider potential pilot programs that will 
        specifically address Navy shipbuilding industrial base workforce 
        stability.
            (13) Explore any additional opportunities to invest in 
        recruiting, retaining, and training a skilled Navy shipbuilding 
        industrial base workforce.
            (14) <<NOTE: Recommenda- tions. Reports.>>  Consider and 
        incorporate the findings and recommendations, as appropriate, of 
        the report on shipbuilder training and the defense industrial 
        base required under section 1037 of the National Defense 
        Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 
        Stat. 1583).

    (c) <<NOTE: Deadline. Coordination.>>  Notice of Establishment and 
Structure.--Not later than 90 days after the date of the enactment of 
this Act, the Secretary of the Navy, in coordination with the Secretary 
of Labor, shall submit to the congressional defense committees notice 
regarding the membership and structure of the working group established 
pursuant to subsection (a).

    (d) <<NOTE: Consultation. Recommenda- tions.>>  Report.--Not later 
than one year after the date of the enactment of this Act, the Secretary 
of the Navy, in consultation with the Secretary of Labor, shall submit 
to the congressional defense committees, the Committee on Health, 
Education, Labor, and Pensions of the Senate, and the Committee on 
Education and Labor of the House of Representatives a report containing 
the findings and recommendations of the working group established 
pursuant to subsection (a).

    (e) Termination.--The working group established pursuant to 
subsection (a) shall terminate on the date that is 30 days after the 
submittal of the report required under subsection (d).
SEC. 1030. LIMITATION ON NAVAL FORCE STRUCTURE CHANGES.

     <<NOTE: Time period.>> None of the funds authorized to be 
appropriated by this Act or otherwise made available for fiscal year 
2021 for the Navy may be obligated or expended to retire, or to prepare 
for the retirement, transfer, or placement in storage of, any Department 
of the Navy ship until the date that is 30 days after the date on which 
Secretary of Defense submits to the congressional defense committees the 
2020 Naval Integrated Force Structure Assessment.

                      Subtitle D--Counterterrorism

SEC. 1041. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER 
                          OR RELEASE OF INDIVIDUALS DETAINED AT 
                          UNITED STATES NAVAL STATION, GUANTANAMO 
                          BAY, CUBA, TO THE UNITED STATES.

    Section 1033 of the John S. McCain National Defense Authorization 
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1953), as 
amended by section 1043 of the National Defense Authorization Act for 
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1586), is further amended 
by striking ``December 31, 2020'' and inserting ``December 31, 2021''.

[[Page 134 STAT. 3847]]

SEC. 1042. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CONSTRUCT 
                          OR MODIFY FACILITIES IN THE UNITED 
                          STATES TO HOUSE DETAINEES TRANSFERRED 
                          FROM UNITED STATES NAVAL STATION, 
                          GUANTANAMO BAY, CUBA.

    Section 1034(a) of the John S. McCain National Defense Authorization 
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as 
amended by section 1044 of the National Defense Authorization Act for 
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1586), is further amended 
by striking ``December 31, 2020'' and inserting ``December 31, 2021''.
SEC. 1043. EXTENSION OF PROHIBITION ON USE OF FUNDS FOR TRANSFER 
                          OR RELEASE OF INDIVIDUALS DETAINED AT 
                          UNITED STATES NAVAL STATION, GUANTANAMO 
                          BAY, CUBA, TO CERTAIN COUNTRIES.

    Section 1035 of the John S. McCain National Defense Authorization 
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 1954), as 
amended by section 1042 of the National Defense Authorization Act for 
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1568), is further amended 
by striking ``December 31, 2020'' and inserting ``December 31, 2021''.
SEC. 1044. EXTENSION OF PROHIBITION ON USE OF FUNDS TO CLOSE OR 
                          RELINQUISH CONTROL OF UNITED STATES 
                          NAVAL STATION, GUANTANAMO BAY, CUBA.

    Section 1036 of the National Defense Authorization Act for Fiscal 
Year 2018 (Public Law 115-91; 131 Stat. 1551), as most recently amended 
by section 1045 of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116-92; 133 Stat. 1586), is further amended by 
striking ``fiscal year 2018, 2019, or 2020'' and inserting ``fiscal 
years 2018 through 2021''.

          Subtitle E--Miscellaneous Authorities and Limitations

SEC. 1051. SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM.

    Section 127e of title 10, United States Code, is amended--
            (1) by striking subsection (c) and inserting the following 
        new subsection (c):

    ``(c) Procedures.--
            ``(1) In general.--The authority in this section shall be 
        exercised in accordance with such procedures as the Secretary 
        shall establish for purposes of this 
        section. <<NOTE: Notification.>>  The Secretary shall notify the 
        congressional defense committees of any material change to such 
        procedures.
            ``(2) Elements.--The procedures required under paragraph (1) 
        shall establish, at a minimum, each of the following:
                    ``(A) <<NOTE: Strategy.>>  Policy, strategy, or 
                other guidance for the execution of, and constraints 
                within, activities conducted under this section.
                    ``(B) The processes through which activities 
                conducted under this section are to be developed, 
                validated, and coordinated, as appropriate, with 
                relevant Federal entities.
                    ``(C) The processes through which legal reviews and 
                determinations are made to comply with this section and

[[Page 134 STAT. 3848]]

                ensure that the exercise of the authority in this 
                section is consistent with the national security of the 
                United States.'';
            (2) in subsection (d)(2), by adding at the end the following 
        new subparagraphs:
                    ``(G) A description of the entities with which the 
                recipients of support are engaged in hostilities and 
                whether each such entity is covered under an 
                authorization for use of military force.
                    ``(H) A description of the steps taken to ensure the 
                support is consistent with United States national 
                security objectives.
                    ``(I) A description of the steps taken to ensure 
                that the recipients of support have not engaged in human 
                rights violations.'';
            (3) by redesignating subsections (e) through (h) as 
        subsections (f) through (i), respectively;
            (4) by inserting after subsection (d) the following new 
        subsection (e):

    ``(e) Notification of Suspension or Termination of Support.--
            ``(1) <<NOTE: Deadline.>>  In general.--Not later than 48 
        hours after suspending or terminating support to any foreign 
        force, irregular force, group, or individual under the authority 
        in this section, the Secretary shall submit to the congressional 
        defense committees a written notice of such suspension or 
        termination.
            ``(2) Elements.--Notice provided under paragraph (1) with 
        respect to the suspension or termination of support shall 
        include each of the following elements:
                    ``(A) A description of the reasons for the 
                suspension or termination of such support.
                    ``(B) A description of any effects on regional, 
                theatre, or global campaign plan objectives anticipated 
                to result from the suspension or termination of such 
                support.
                    ``(C) <<NOTE: Plans.>>  A plan for the suspension or 
                termination of the support, and, in the case of support 
                that is planned to be transitioned to another program of 
                the Department of Defense or another Federal department 
                or agency, a detailed description of the transition 
                plan, including the resources, equipment, capabilities, 
                and personnel associated with such plan.''; and
            (5) by striking subsection (g), as redesignated by paragraph 
        (3), and inserting the following new subsection (g):

    ``(g) Construction of Authority.--Nothing in this section may be 
construed to constitute authority to conduct or provide statutory 
authorization for any of the following:
            ``(1) A covert action, as such term is defined in section 
        503(e) of the National Security Act of 1947 (50 U.S.C. 3093(e)).
            ``(2) An introduction of the armed forces, (including as 
        such term is defined in section 8(c) of the War Powers 
        Resolution (50 U.S.C. 1547(c)), into hostilities, or into 
        situations where hostilities are clearly indicated by the 
        circumstances, without specific statutory authorization within 
        the meaning of section 5(b) of such Resolution (50 U.S.C. 
        1544(b)).
            ``(3) Activities or support of activities, directly or 
        indirectly, that are inconsistent with the laws of armed 
        conflict.''.

[[Page 134 STAT. 3849]]

SEC. 1052. EXPENDITURE OF FUNDS FOR DEPARTMENT OF DEFENSE 
                          CLANDESTINE ACTIVITIES THAT SUPPORT 
                          OPERATIONAL PREPARATION OF THE 
                          ENVIRONMENT.

    (a) In General.--Chapter 3 of title 10, United States Code, is 
amended by inserting after section 127e the following new section:
``Sec. 127f. <<NOTE: 10 USC 127f.>>  Expenditure of funds for 
                  clandestine activities that support operational 
                  preparation of the environment

    ``(a) <<NOTE: Determination.>>  Authority.--Subject to subsections 
(b) through (d), the Secretary of Defense may expend up to $15,000,000 
in any fiscal year for clandestine activities for any purpose the 
Secretary determines to be proper for preparation of the environment for 
operations of a confidential nature. Such a determination is final and 
conclusive upon the accounting officers of the United 
States. <<NOTE: Certification.>>  The Secretary may certify the amount 
of any such expenditure authorized by the Secretary that the Secretary 
considers advisable not to specify, and the Secretary's certificate is 
sufficient voucher for the expenditure of that amount.

    ``(b) Funds.--Funds for expenditures under this section in a fiscal 
year shall be derived from amounts authorized to be appropriated for 
that fiscal year for operation and maintenance, Defense-wide.
    ``(c) Limitation on Delegation.--The Secretary of Defense may not 
delegate the authority under this section with respect to any 
expenditure in excess of $250,000.
    ``(d) Exclusion of Intelligence Activities.--(1) This section does 
not constitute authority to conduct, or expend funds for, intelligence, 
counterintelligence, or intelligence-related activities.
    ``(2) <<NOTE: Definitions.>>  In this subsection, the terms 
`intelligence' and `counterintelligence' have the meaning given those 
terms in section 3 of the National Security Act of 1947 (50 U.S.C. 
3003).

    ``(e) Annual Report.--Not later than December 31 each year, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on expenditures made under this section during the 
fiscal year preceding the year in which the report is submitted. Each 
report shall include, for each expenditure under this section during the 
fiscal year covered by such report--
            ``(1) the amount and date of such expenditure;
            ``(2) a detailed description of the purpose for which such 
        expenditure was made;
            ``(3) an explanation why other authorities available to the 
        Department of Defense could not be used for such expenditure; 
        and
            ``(4) any other matters the Secretary considers 
        appropriate.''.

[[Page 134 STAT. 3850]]

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter <<NOTE: 10 USC 121 prec.>>  is amended by inserting after 
the item relating to section 127e the following new item:

``127f. Expenditure of funds for clandestine activities that support 
           operational preparation of the environment.''.

SEC. 1053. SALE OR DONATION OF EXCESS DEPARTMENT OF DEFENSE 
                          PERSONAL PROPERTY FOR LAW ENFORCEMENT 
                          ACTIVITIES.

    (a) Inclusion of Disaster-related Emergency Preparedness Activities 
Among Law Enforcement Activities Authorities.--
            (1) Inclusion.--Subsection (a)(1)(A) of section 2576a of 
        title 10, United States Code, is amended by inserting 
        ``disaster-related emergency preparedness,'' after 
        ``counterterrorism,''.
            (2) Preference in transfers.--Subsection (d) of such section 
        is amended to read as follows:

    ``(d) Preference for Certain Transfers.--In considering applications 
for the transfer of personal property under this section, the Secretary 
shall give a preference to applications indicating that the transferred 
property will be used in the counterdrug, counterterrorism, disaster-
related emergency preparedness, or border security activities of the 
recipient agency. Applications that request vehicles used for disaster-
related emergency preparedness, such as high-water rescue vehicles, 
should receive the highest preference.''.
    (b) Additional Conditions and Limitations.--
            (1) Additional training of recipient agency personnel 
        required.--Subsection (b)(6) of section 2576a of title 10, 
        United States Code, is amended by inserting before the period at 
        the end the following: ``, including respect for the rights of 
        citizens under the Constitution of the United States and de-
        escalation of force''.
            (2) Certain property not transferrable.--Such section is 
        further amended--
                    (A) by redesignating subsections (e) and (f) as 
                subsections (f) and (g), respectively; and
                    (B) by inserting after subsection (d) the following 
                new subsection (e):

    ``(e) Property Not Transferrable.--The Secretary may not transfer to 
a Tribal, State, or local law enforcement agency under this section the 
following:
            ``(1) Bayonets.
            ``(2) Grenades (other than stun and flash-bang grenades).
            ``(3) Weaponized tracked combat vehicles.
            ``(4) Weaponized drones.''.
SEC. 1054. PROHIBITION ON RETIREMENT OF NUCLEAR POWERED AIRCRAFT 
                          CARRIERS BEFORE FIRST REFUELING.

    Section 8062 of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(f) A nuclear powered aircraft carrier may not be retired before 
its first refueling.''.

[[Page 134 STAT. 3851]]

SEC. 1055. REAUTHORIZATION OF NATIONAL OCEANOGRAPHIC PARTNERSHIP 
                          PROGRAM.

    (a) National Oceanographic Partnership Program.--Section 8931 of 
title 10, United States Code, is amended to read as follows:
``SEC. 8931. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.

    ``(a) Establishment.--The Secretary of the Navy shall establish a 
program to be known as the `National Oceanographic Partnership Program'.
    ``(b) Purposes.--The purposes of the program are as follows:
            ``(1) To promote the national goals of assuring national 
        security, advancing economic development, protecting quality of 
        life, ensuring environmental stewardship, and strengthening 
        science education and communication through improved knowledge 
        of the ocean.
            ``(2) <<NOTE: Coordination.>>  To coordinate and strengthen 
        oceanographic efforts in support of those goals by--
                    ``(A) creating and carrying out partnerships among 
                Federal agencies, academia, industry, and other members 
                of the oceanographic community in the areas of science, 
                data, technology development, resources, education, and 
                communication; and
                    ``(B) accepting, planning, and executing 
                oceanographic research projects funded by grants, 
                contracts, cooperative agreements, or other vehicles as 
                appropriate, that contribute to assuring national 
                security, advancing economic development, protecting 
                quality of life, ensuring environmental stewardship, and 
                strengthening science education and communication 
                through improved knowledge of the ocean.''.

    (b) Ocean Policy Committee.--
            (1) In general.--Section 8932 of such title is amended--
                    (A) by striking subsections (a) through (f);
                    (B) by inserting the following new subsections (a) 
                through (e):

    ``(a) Committee.--There is established an Ocean Policy Committee 
(hereinafter referred to as the `Committee'). The Committee shall retain 
broad and inclusive membership.
    ``(b) Responsibilities.--The Committee shall--
            ``(1) continue the activities of that Committee as it was in 
        existence on the day before the date of the enactment of the 
        William M. (Mac) Thornberry National Defense Authorization Act 
        for Fiscal Year 2021;
            ``(2) engage and collaborate, pursuant to existing laws and 
        regulations, with stakeholders, including regional ocean 
        partnerships, to address ocean-related matters that may require 
        interagency or intergovernmental solutions;
            ``(3) facilitate coordination and integration of Federal 
        activities in ocean and coastal waters to inform ocean policy 
        and identify priority ocean research, technology, and data 
        needs; and
            ``(4) prescribe policies and procedures to implement the 
        National Oceanographic Partnership Program, including developing 
        guidelines for review, selection, identification, and approval 
        of partnership projects, in conjunction with Federal

[[Page 134 STAT. 3852]]

        agencies participating in the program, for implementation under 
        the program, based on--
                    ``(A) whether the project addresses important 
                research objectives or operational goals;
                    ``(B) whether the project has, or is designed to 
                have, appropriate participation or support from public, 
                academic, commercial, and private entities within the 
                oceanographic community;
                    ``(C) whether the partners have a long-term 
                commitment to the objectives of the project;
                    ``(D) whether the resources supporting the project 
                are shared among the partners;
                    ``(E) whether the project has been subjected to 
                adequate scientific and technical merit review according 
                to each participating agency; and
                    ``(F) the approval of such guidelines by a consensus 
                of the members of the Committee.

    ``(c) Delegation of Responsibilities.--In discharging its 
responsibilities in support of agreed-upon scientific needs, and to 
assist in the execution of the responsibilities described in subsection 
(b), the Committee may delegate responsibilities to a subcommittee of 
the Committee, as the Committee determines appropriate.
    ``(d) <<NOTE: Deadlines. Public information. Web postings.>>  Annual 
Report and Briefing.--(1) Not later than March 1 of each year, the 
Committee shall--
            ``(A) make publicly available on an appropriate website a 
        report on the National Oceanographic Partnership Program; and
            ``(B) provide to the appropriate congressional committees a 
        briefing on the contents of the report.

    ``(2) Not later than 30 days after providing a briefing under 
paragraph (1)(B), the Committee shall make publicly available on an 
appropriate website the briefing materials covered by the briefing.
    ``(3) Each report and briefing shall include the following:
            ``(A) A description of activities of the National 
        Oceanographic Partnership Program carried out during the fiscal 
        year preceding the fiscal year during which the report is 
        published.
            ``(B) A general outline of the activities planned for the 
        program during the fiscal year during which the report is 
        published.
            ``(C) <<NOTE: Summary.>>  A summary of projects, 
        partnerships, and collaborations, including the Federal and non-
        Federal sources of funding, continued from the fiscal year 
        preceding the fiscal year during which the report is published 
        and projects expected to begin during the fiscal year during 
        which the report is published and any subsequent fiscal year, as 
        required under subsection (e)(4)(C).
            ``(D) The amounts requested in the budget submitted to 
        Congress pursuant to section 1105(a) of title 31 for the fiscal 
        year following the fiscal year during which the report is 
        published, for the programs, projects, activities and the 
        estimated expenditures under such programs, projects, and 
        activities, to execute the National Oceanographic Partnership 
        Program.
            ``(E) <<NOTE: Summary.>>  A summary of national ocean 
        research priorities informed by the Ocean Research Advisory 
        Panel, as required under section 8933(b)(4) of this title.

[[Page 134 STAT. 3853]]

            ``(F) <<NOTE: List.>>  A list of the members of the Ocean 
        Research Advisory Panel established under section 8933(a) of 
        this title and any working groups described in subsection 
        (e)(4)(A) in existence during the fiscal years covered by the 
        report.

    ``(e) Partnership Program Office.--(1) The Secretary of the Navy and 
Administrator of the National Oceanic and Atmospheric Administration 
shall jointly establish a partnership program office for the National 
Oceanographic Partnership Program.
    ``(2) The Secretary of the Navy and Administrator of the National 
Oceanic and Atmospheric Administration shall use competitive procedures 
to select a non-Government entity to manage the partnership program 
office.
    ``(3) The Committee shall monitor the management of the partnership 
program office.
    ``(4) The partnership program office shall perform the following 
duties:
            ``(A) Supporting working groups established by the Committee 
        or subcommittee and reporting to the Committee and to any 
        Federal agency that has contributed amounts to the National 
        Oceanographic Partnership Program on the activities of such 
        working groups, including the proposals of such working groups 
        for partnership projects.
            ``(B) Supporting the process for proposing partnership 
        projects to the Committee and to the agencies referred to in 
        subparagraph (A), including, where appropriate, managing review 
        of such projects.
            ``(C) Submitting to the appropriate congressional 
        committees, and making publicly available, an annual report on 
        the status of all partnership projects, including the Federal 
        and non-Federal sources of funding for each project, and 
        activities of the office.
            ``(D) Performing such additional duties for the 
        administration of the National Oceanographic Partnership Program 
        that the Committee and the agencies referred to in subparagraph 
        (A) consider appropriate.'';
                    (C) by redesignating subsections (g) and (h) as 
                subsections (f) and (g), respectively;
                    (D) in subsections (f) and (g), as so redesignated, 
                by striking ``Council'' each place it appears and 
                inserting ``Committee'';
                    (E) by inserting after subsection (g), as so 
                redesignated, the following new subsection (h):

    ``(h <<NOTE: Definitions.>> ) Appropriate Congressional 
Committees.--In this section, the term `appropriate congressional 
committees' means--
            ``(1) the Committee on Commerce, Science, and Transportation 
        of the Senate;
            ``(2) the Committee on Armed Services of the Senate;
            ``(3) the Committee on Appropriations of the Senate;
            ``(4) the Committee on Natural Resources of the House of 
        Representatives;
            ``(5) the Committee on Science, Space, and Technology of the 
        House of Representatives;
            ``(6) the Committee on Armed Services of the House of 
        Representatives; and
            ``(7) the Committee on Appropriations of the House of 
        Representatives.''.
            (2) Clerical amendments.--

[[Page 134 STAT. 3854]]

                    (A) Section heading.--The heading for section 8932 
                of title 10, United States Code, <<NOTE: 10 USC 8931 
                prec.>>  is amended to read as follows:
``Sec. 8932. Ocean Policy Committee''.
                    (B) Table of sections.--The table of sections at the 
                beginning of chapter 893 of title 10, United States 
                Code, is amended by striking the item relating to 
                section 8932 and inserting the following new item:

``8932. Ocean Policy Committee.''.

    (c) Ocean Research Advisory Panel.--Section 8933 of such title is 
amended to read as follows:
``Sec. 8933. Ocean Research Advisory Panel

    ``(a) <<NOTE: Appointments.>>  Establishment.--(1) The Ocean Policy 
Committee shall establish an Ocean Research Advisory Panel (in this 
section referred to as the `Advisory Panel'). The Advisory Panel shall 
consist of not fewer than 10 and not more than 18 members appointed by 
the co-chairs of the Committee, including each of the following:
            ``(A) Three members who represent the National Academies of 
        Sciences, Engineering, and Medicine.
            ``(B) Members selected from among individuals who represent 
        the views of ocean industries, State, tribal, territorial or 
        local governments, academia, and such other views as the co-
        chairs consider appropriate.
            ``(C) Members selected from among individuals eminent in the 
        fields of marine science, marine technology, and marine policy, 
        or related fields.

    ``(2) The Committee shall ensure that an appropriate balance of 
academic, scientific, industry, and geographical interests and gender 
and racial diversity are represented by the members of the Advisory 
Panel.
    ``(b) Responsibilities.--The Committee shall assign the following 
responsibilities to the Advisory Panel:
            ``(1) To advise the Committee on policies and procedures to 
        implement the National Oceanographic Partnership Program.
            ``(2) To advise the Committee on matters relating to 
        national oceanographic science, engineering, facilities, or 
        resource requirements.
            ``(3) To advise the Committee on improving diversity, 
        equity, and inclusion in the ocean sciences and related fields.
            ``(4) To advise the Committee on national ocean research 
        priorities.
            ``(5) Any additional responsibilities that the Committee 
        considers appropriate.

    ``(c) <<NOTE: Time period.>>  Meetings.--The Committee shall require 
the Advisory Panel to meet not less frequently than two times each year.

    ``(d) Administrative and Technical Support.--The Administrator of 
the National Oceanic and Atmospheric Administration shall provide to the 
Advisory Panel such administrative and technical support as the Advisory 
Panel may require.
    ``(e) Termination.--Notwithstanding section 14 of the Federal 
Advisory Committee Act (5 U.S.C. App.), the Advisory Panel shall 
terminate on January 1, 2040.''.

[[Page 134 STAT. 3855]]

SEC. 1056. MODIFICATION AND TECHNICAL CORRECTION TO DEPARTMENT OF 
                          DEFENSE AUTHORITY TO PROVIDE ASSISTANCE 
                          ALONG THE SOUTHERN LAND BORDER OF THE 
                          UNITED STATES.

    (a) Authority.--Subsection (a) of section 1059 of the National 
Defense Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 
Stat. 986; 10 U.S.C. 271 note prec.) is amended to read as follows:
    ``(a) Authority.--
            ``(1) Provision of assistance.--
                    ``(A) In general.--The Secretary of Defense may 
                provide assistance to United States Customs and Border 
                Protection for purposes of increasing ongoing efforts to 
                secure the southern land border of the United States in 
                accordance with the requirements of this section.
                    ``(B) Requirements.--If the Secretary provides 
                assistance under subparagraph (A), the Secretary shall 
                ensure that the provision of the assistance will not 
                negatively affect military training, operations, 
                readiness, or other military requirements.
            ``(2) <<NOTE: Deadline.>>  Notification requirement.--Not 
        later than 7 days after the date on which the Secretary approves 
        a request for assistance from the Department of Homeland 
        Security under paragraph (1), the Secretary shall electronically 
        transmit to the Committee on Armed Services of the Senate and 
        the Committee on Armed Services and the Committee on Homeland 
        Security of the House of Representatives notice of such 
        approval.''.

    (b) Reporting Requirements.--Subsection (f) of such section is 
amended to read as follows:
    ``(f) Reports.--
            ``(1) <<NOTE: Time periods. Coordination.>>  Report 
        required.--At the end of each three-month period during which 
        assistance is provided under subsection (a), the Secretary of 
        Defense, in coordination with the Secretary of Homeland 
        Security, shall submit to the Committee on Armed Services and 
        the Committee on Homeland Security and Governmental Affairs of 
        the Senate and the Committee on Armed Services and the Committee 
        on Homeland Security of the House of Representatives a report 
        that includes, for the period covered by the report, each of the 
        following:
                    ``(A) A description of the assistance provided.
                    ``(B) A description of the Armed Forces, including 
                the reserve components, deployed as part of such 
                assistance, including an identification of--
                          ``(i) the members of the Armed Forces, 
                      including members of the reserve components, 
                      deployed, including specific information about 
                      unit designation, size of unit, and whether any 
                      personnel in the unit deployed under section 12302 
                      of title 10, United States Code;
                          ``(ii) the projected length of the deployment 
                      and any special pay and incentives for which 
                      deployed personnel may qualify during the 
                      deployment;
                          ``(iii) any specific pre-deployment training 
                      provided for such members of the Armed Forces, 
                      including members of the reserve components;

[[Page 134 STAT. 3856]]

                          ``(iv) the specific missions and tasks, by 
                      location, that are assigned to the members of the 
                      Armed Forces, including members of the reserve 
                      components, who are so deployed; and
                          ``(v) the locations where units so deployed 
                      are conducting their assigned mission, together 
                      with a map showing such locations.
                    ``(C) A description of any effects of such 
                deployment on military training, operations, readiness, 
                or other military requirements.
                    ``(D) The sources and amounts of funds obligated or 
                expended--
                          ``(i) during the period covered by the report; 
                      and
                          ``(ii) during the total period for which such 
                      support has been provided.
            ``(2) <<NOTE: Classified information.>>  Form of report.--
        Each report submitted under this subsection shall be submitted 
        in unclassified form, but may include a classified annex.''.

    (c) <<NOTE: 10 USC 284 note.>>  Classification.--The Law Revision 
Counsel is directed to move section 1059 of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 
986; 10 U.S.C. 271 note prec.), as amended by this section, to a note 
following section 284 of title 10, United States Code.
SEC. 1057. LIMITATION ON USE OF FUNDS FOR RETIREMENT OF A-10 
                          AIRCRAFT.

    (a) Limitation.--Except as provided under subsection (b), none of 
the funds authorized to be appropriated by this Act or otherwise made 
available for the Department of Defense for any fiscal year may be 
obligated or expended during fiscal year 2021 to divest or retire any A-
10 aircraft.
    (b) <<NOTE: Determinations.>>  Exception.--The limitation under 
subsection (a) shall not apply to any individual A-10 aircraft that the 
Secretary of the Air Force determines, on a case-by-case basis, to be no 
longer mission capable because of a mishap or other damage or because 
the aircraft is uneconomical to repair.

    (c) Report Required.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of the Air Force shall submit to 
the congressional defense committees a report on the progress made 
toward the A-10 re-wing contracts and the progress made in re-winging 
some of the 283 A-10 aircraft that have not received new wings.
SEC. 1058. <<NOTE: 10 USC 2224 note.>>  CONSIDERATIONS RELATING TO 
                          PERMANENTLY BASING UNITED STATES 
                          EQUIPMENT OR ADDITIONAL FORCES IN HOST 
                          COUNTRIES WITH AT-RISK VENDORS IN 5G OR 
                          6G NETWORKS.

    (a) <<NOTE: Huawei Technologies Company. ZTE Corporation.>>  In 
General.--Prior to basing a major weapon system or additional 
permanently assigned forces comparable to or larger than a battalion, 
squadron, or naval combatant in a host country with at-risk 5th 
generation (in this section referred to as ``5G'') or sixth generation 
(in this section referred to as ``6G'') wireless network equipment, 
software, or services, including supply chain vulnerabilities identified 
by the Federal Acquisition Security Council, where United States 
military personnel and their families will be directly connected or 
subscribers to networks that include such at-risk equipment, software, 
and services in their official duties or in the conduct of personal 
affairs, the Secretary of Defense

[[Page 134 STAT. 3857]]

shall take into consideration the risks to personnel, equipment, and 
operations of the Department of Defense in the host country posed by 
current or intended use by such country of 5G or 6G telecommunications 
architecture provided by at-risk vendors, including Huawei and ZTE, and 
any steps to mitigate those risks, including--
            (1) any steps being taken by the host country to mitigate 
        any potential risks to the weapon systems, military units, or 
        personnel, and the Department of Defense's assessment of those 
        efforts;
            (2) any steps being taken by the United States Government, 
        separately or in collaboration with the host country, to 
        mitigate any potential risks to the weapon systems, permanently 
        deployed forces, or personnel;
            (3) any defense mutual agreements between the host country 
        and the United States intended to allay the costs of risk 
        mitigation posed by the at-risk infrastructure; and
            (4) any other matters the Secretary determines to be 
        relevant.

    (b) Applicability.--The requirements under subsection (a)--
            (1) apply with respect to the permanent long-term stationing 
        of equipment and permanently assigned forces; and
            (2) do not apply with respect to the short-term deployment 
        or rotational presence of equipment or forces to a military 
        installation outside the United States in connection with any 
        exercise, dynamic force employment, contingency operation, or 
        combat operation.

    (c) Report.--
            (1) <<NOTE: Assessment.>>  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 report that contains an assessment of--
                    (A) the risk to personnel, equipment, and operations 
                of the Department of Defense in host countries posed by 
                the current or intended use by such countries of 5G or 
                6G telecommunications architecture provided by at-risk 
                vendors, including Huawei and ZTE; and
                    (B) measures required to mitigate the risk described 
                in paragraph (1).
            (2) <<NOTE: Classified information.>>  Form.--The report 
        required by paragraph (1) shall be submitted in a classified 
        form with an unclassified summary.

    (d) Major Weapon System Defined.--In this section, the term ``major 
weapon system'' has the meaning given that term in section 2379(f) of 
title 10, United States Code.
SEC. 1059. <<NOTE: 10 USC 122a note.>>  PUBLIC AVAILABILITY OF 
                          DEPARTMENT OF DEFENSE LEGISLATIVE 
                          PROPOSALS.

     <<NOTE: Deadline. Web posting. Analysis.>> Not later than 21 days 
after the transmission to the Committee on Armed Services of the Senate 
or the Committee on Armed Services of the House of Representatives of 
any official Department of Defense legislative proposal, the Secretary 
of Defense shall make publicly available on a website of the Department 
such legislative proposal, including any bill text and section-by-
section analysis associated with the proposal.
SEC. 1060. <<NOTE: 10 USC 113 note.>>  ARCTIC PLANNING, RESEARCH, 
                          AND DEVELOPMENT.

    (a) Arctic Planning and Implementation.--

[[Page 134 STAT. 3858]]

            (1) In general.--The Secretary of Defense and the Chairman 
        of the Joint Chiefs of Staff shall continue assessing potential 
        multi-domain risks in the Arctic, identifying capability and 
        capacity gaps in the current and projected force, and planning 
        for and implementing the training, equipping, and doctrine 
        requirements necessary to mitigate such risks and gaps.
            (2) Training.--In carrying out paragraph (1), the Secretary 
        may direct the Armed Forces to conduct training in the Arctic or 
        training relevant to military operations in the Arctic.

    (b) Arctic Research and Development Program.--
            (1) In general.--If the Secretary of Defense determines that 
        there are capability or capacity gaps for the Armed Forces in 
        the Arctic, the Secretary may conduct research and development 
        on the current and future requirements and needs of the Armed 
        Forces for operations in the Arctic.
            (2) Elements.--Research and development conducted under 
        paragraph (1) may include the following:
                    (A) Development of doctrine to address any 
                identified gaps, including the study of existing 
                doctrine of partners and allies of the United States.
                    (B) Development of materiel solutions for operating 
                in extreme weather environments of the Arctic, including 
                equipment for individual members of the Armed Forces, 
                ground vehicles, and communications systems.
                    (C) <<NOTE: Plan.>>  Development of a plan for 
                fielding future weapons platforms able to operate in 
                Arctic conditions.
                    (D) Development of capabilities to monitor, assess, 
                and predict environmental and weather conditions in the 
                Arctic and the effect of such conditions on military 
                operations.
                    (E) <<NOTE: Determination. Requirements.>>  
                Determining requirements for logistics and sustainment 
                of the Armed Forces operating in the Arctic.
SEC. 1061. <<NOTE: 10 USC 2350o note.>>  AUTHORITY TO ESTABLISH A 
                          MOVEMENT COORDINATION CENTER PACIFIC IN 
                          THE INDO-PACIFIC REGION.

    (a) Authority To Establish.--
            (1) In general.--The Secretary of Defense, with the 
        concurrence of the Secretary of State, may authorize--
                    (A) the establishment of a Movement Coordination 
                Center Pacific (in this section referred to as the 
                ``Center''); and
                    (B) the participation of the Department of Defense 
                in an Air Transport and Air-to-Air refueling and other 
                Exchanges of Services program (in this section referred 
                to as the ``ATARES program'') of the Center.
            (2) Scope of participation.--Participation in the ATARES 
        program under paragraph (1)(B) shall be limited to the 
        reciprocal exchange or transfer of air transportation and air 
        refueling services on a reimbursable basis or by replacement-in-
        kind or the exchange of air transportation or air refueling 
        services of an equal value with foreign militaries.
            (3) Limitations.--The Department of Defense's balance of 
        executed transportation hours, whether as credits or debits, in 
        participation in the ATARES program under paragraph (1)(B) may 
        not exceed 500 hours. The Department of Defense's balance of 
        executed flight hours for air refueling in the ATARES program 
        under paragraph (1)(B) may not exceed 200 hours.

    (b) Written Arrangement or Agreement.--

[[Page 134 STAT. 3859]]

            (1) Arrangement or agreement required.--The participation of 
        the Department of Defense in the ATARES program under subsection 
        (a) shall be in accordance with a written arrangement or 
        agreement entered into by the Secretary of Defense, with the 
        concurrence of the Secretary of State.
            (2) Funding arrangements.--If Department of Defense 
        facilities, equipment, or funds are used to support the ATARES 
        program, the written arrangement or agreement under paragraph 
        (1) shall specify the details of any equitable cost-sharing or 
        other funding arrangement.
            (3) <<NOTE: Time period.>>  Other elements.--Any written 
        arrangement or agreement entered into under paragraph (1) shall 
        require that any accrued credits and liabilities resulting from 
        an unequal exchange or transfer of air transportation or air 
        refueling services shall be liquidated, not less than once every 
        5 years, through the ATARES program.

    (c) Implementation.--In carrying out any written arrangement or 
agreement entered into under subsection (b), the Secretary of Defense 
may--
            (1) pay the Department of Defense's equitable share of the 
        operating expenses of the Center and the ATARES program from 
        funds available to the Department of Defense for operation and 
        maintenance; and
            (2) assign members of the Armed Forces or Department of 
        Defense civilian personnel, within billets authorized for the 
        United States Indo-Pacific Command, to duty at the Center as 
        necessary to fulfill the obligations of the Department of 
        Defense under that arrangement or agreement.
SEC. 1062. <<NOTE: 10 USC 2241 note.>>  LIMITATION ON PROVISION OF 
                          FUNDS TO INSTITUTIONS OF HIGHER 
                          EDUCATION HOSTING CONFUCIUS INSTITUTES.

    (a) Limitation.--Except as provided in subsection (b), none of the 
funds authorized to be appropriated or otherwise made available for any 
fiscal year for the Department of Defense may be provided to an 
institution of higher education that hosts a Confucius Institute, other 
than amounts provided directly to students as educational assistance.
    (b) Waiver.--
            (1) <<NOTE: Consultation. Determination.>>  In general.--The 
        Secretary of Defense may waive the limitation under subsection 
        (a) with respect to an institution of higher education if the 
        Secretary, after consultation with the National Academies of 
        Sciences, Engineering, and Medicine, determines such a waiver is 
        appropriate.
            (2) Management process.--If the Secretary issues a waiver 
        under paragraph (1), the academic liaison designated pursuant to 
        subsection (g) of section 1286 of the John S. McCain National 
        Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 
        note), as amended by section 1299C of this Act, shall manage the 
        waiver process on behalf of the Secretary.

    (c) <<NOTE: Applicability.>>  Effective Date.--The limitation under 
subsection (a) shall apply with respect to the first fiscal year that 
begins after the date that is 24 months after the date of the enactment 
of this Act and to any subsequent fiscal year.

    (d) Definitions.--In this section:

[[Page 134 STAT. 3860]]

            (1) <<NOTE: China.>>  The term ``Confucius Institute'' means 
        a cultural institute directly or indirectly funded by the 
        Government of the People's Republic of China.
            (2) The term ``institution of higher education'' has the 
        meaning given such term in section 102 of the Higher Education 
        Act of 1965 (20 U.S.C. 1002).
SEC. 1063. SUPPORT FOR NATIONAL MARITIME HERITAGE GRANTS PROGRAM.

    Of the funds authorized to be appropriated by this Act for fiscal 
year 2021 for the Department of Defense, the Secretary of Defense may 
contribute $5,000,000 to support the National Maritime Heritage Grants 
Program established under section 308703 of title 54, United States 
Code.
SEC. 1064. REQUIREMENTS FOR USE OF FEDERAL LAW ENFORCEMENT 
                          PERSONNEL, ACTIVE DUTY MEMBERS OF THE 
                          ARMED FORCES, AND NATIONAL GUARD 
                          PERSONNEL IN SUPPORT OF FEDERAL 
                          AUTHORITIES TO RESPOND TO CIVIL 
                          DISTURBANCES.

    (a) In General.--Chapter 41 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 723. <<NOTE: 10 USC 723.>>  Support of Federal authorities 
                in response to civil disturbances: requirement for 
                use of members of the Armed Forces and Federal law 
                enforcement personnel

    ``(a) Requirement.--Whenever a member of the armed forces (including 
the National Guard) or Federal law enforcement personnel provide support 
to Federal authorities to respond to a civil disturbance, each 
individual employed in the capacity of providing such support shall 
visibly display--
            ``(1) the individual's name or other individual identifier 
        that is unique to that individual; and
            ``(2) the name of the armed force, Federal entity, or other 
        organization by which such individual is employed.

    ``(b) Exception.--The requirement under subsection (a) shall not 
apply to individuals referred to in such subsection who--
            ``(1) do not wear a uniform or other distinguishing clothing 
        or equipment in the regular performance of their official 
        duties; or
            ``(2) are engaged in undercover operations in the regular 
        performance of their official duties.''.

    (b) Clerical Amendment.--The table of sections at the beginning of 
such chapter <<NOTE: 10 USC 711 prec.>>  is amended by adding at the end 
the following new item:

``723. Support of Federal authorities in response to civil disturbances: 
           requirement for use of members of the Armed Forces and 
           Federal law enforcement personnel.''.

                     Subtitle F--Studies and Reports

SEC. 1071. FFRDC STUDY OF EXPLOSIVE ORDNANCE DISPOSAL AGENCIES.

    (a) <<NOTE: Contracts.>>  In General.--The Secretary of Defense 
shall enter into an agreement with a federally funded research and 
development corporation under which such corporation shall conduct a 
study

[[Page 134 STAT. 3861]]

of the responsibilities, authorities, policies, programs, resources, 
organization, and activities of the explosive ordnance disposal agencies 
of the Department of Defense, Defense Agencies, and military 
departments. In carrying out the study, the federally funded research 
and development corporation shall solicit input from relevant nonprofit 
organizations, such as the National Defense Industrial Association EOD 
Committee, the United States Army EOD Association, the United States 
Bomb Technician Association, and the EOD Warrior Foundation.

    (b) Elements of Study.--The study conducted under subsection (a) 
shall include, for the Department of Defense, each Defense Agency, and 
each of the military departments, each of the following:
            (1) <<NOTE: Evaluations.>>  An identification and evaluation 
        of--
                    (A) technology research, development, and 
                acquisition activities related to explosive ordnance 
                disposal, including an identification and evaluation 
                of--
                          (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, assignment, 
                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 disposal, including 
                an identification and assessment of risk associated with 
                force structure capacity or capability gaps, if any; and
                    (D) the demand for, and activities conducted 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 
                      support among supported agencies and operations.
            (2) <<NOTE: Recommenda- tions.>>  Recommendations, if any, 
        for changes to--
                    (A) the organization and distribution of 
                responsibilities and authorities relating to explosive 
                ordnance disposal;
                    (B) the explosive ordnance disposal force structure, 
                management, prioritization, and operating concepts in 
                support of the explosive ordnance disposal requirements 
                of the Armed Forces and other Federal agencies; and
                    (C) resource investment strategies and technology 
                prioritization for explosive ordnance disposal, 
                including science and technology, prototyping, 
                experimentation, test and evaluation, and related 5-year 
                funding profiles.

    (c) Report to Congress.--
            (1) In general.--Not later than December 31, 2021, the 
        Secretary of Defense shall submit to the congressional defense 
        committees a report on the study conducted under subsection (a). 
        Such report shall include the comments on the study, if any, of 
        the Secretary of Defense, the directors of each of the Defense 
        Agencies, and the Secretaries of each of the military 
        departments.

[[Page 134 STAT. 3862]]

            (2) <<NOTE: Classified information.>>  Form of report.--The 
        report submitted under paragraph (1) shall be submitted in 
        unclassified form, but may contain a classified annex.
SEC. 1072. STUDY ON FORCE STRUCTURE FOR MARINE CORPS AVIATION.

    (a) Study Required.--The Secretary of Defense shall provide for the 
performance of a study on the force structure for Marine Corps aviation 
through 2030.
    (b) Responsibility for Study.--The Secretary shall select one of the 
following types of entities to perform the study pursuant to subsection 
(a):
            (1) An appropriate Federally funded research and development 
        center.
            (2) An appropriate organization described in section 
        501(c)(3) of the Internal Revenue Code of 1986 which is exempt 
        from taxation under section 501(a) of such code.

    (c) Matters To Be Considered.--In performing the study pursuant to 
subsection (a), the entity performing the study shall take into account, 
within the context of the current force structure for Marine Corps 
aviation, the following:
            (1) The 2018 National Defense Strategy and the 2018 National 
        Military Strategy.
            (2) The Marine Corps Force Design 2030.
            (3) Potential roles and missions for Marine Corps aviation 
        given new operating concepts for the Marine Corps.
            (4) The potential for increased requirements for survivable 
        and dispersed strike aircraft.
            (5) The potential for increased requirements for tactical or 
        intratheater lift, amphibious lift, or surface connectors.

    (d) Study Results.--The results of the study performed pursuant to 
subsection (a) shall include the following:
            (1) The various force structures for Marine Corps aviation 
        through 2030 considered under such study, together with the 
        assumptions and possible scenarios identified for each such 
        force structure.
            (2) <<NOTE: Recommenda- tions. Assessments.>>  A 
        recommendation for the force structure for Marine Corps aviation 
        through 2030, including the following in connection with such 
        force structure:
                    (A) Numbers and type of aviation assets, numbers and 
                types of associated unmanned assets, and basic 
                capabilities of each such asset.
                    (B) A description and assessment of the deviation of 
                such force structure from the most recent Marine Corps 
                Aviation Plan.
                    (C) Any other information required for assessment of 
                such force structure, including supporting analysis.
            (3) A presentation and discussion of minority views among 
        participants in such study.

    (e) Report.--
            (1) In general.--Not later than September 1, 2021, the 
        Secretary of Defense shall submit to the congressional defense 
        committees a report setting forth the results of the study 
        performed pursuant to subsection (a).
            (2) <<NOTE: Classified information.>>  Form.--The report 
        under this subsection shall be submitted in unclassified form, 
        but may include a classified annex.

[[Page 134 STAT. 3863]]

SEC. 1073. REPORT ON JOINT TRAINING RANGE EXERCISES FOR THE 
                          PACIFIC REGION.

    (a) <<NOTE: Coordination. Plan.>>  Report.--Not later than March 15, 
2021, the Secretary of Defense, in coordination with the Chairman of the 
Joint Chiefs of Staff, the Commander of United States Indo-Pacific 
Command, and the head of each of the military departments, shall submit 
to the congressional defense committees a report containing a plan to 
integrate combined, joint, and multi-domain training and experimentation 
in the Pacific region, including existing and future ranges, training 
areas, and test facilities, to achieve the following 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.
            (4) Build and sustain United States military readiness.

    (b) Matters.--The report under subsection (a) shall address the 
following:
            (1) Integration of cyber, space, and electromagnetic 
        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, computer, and 
        information systems.
            (5) War gaming, modeling, and simulations packages.
            (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 the report.
            (8) Connectivity requirements to support all domain 
        integration and training.
            (9) Any training range upgrades or infrastructure 
        improvements necessary to integrate legacy training and exercise 
        facilities into integrated, operational sites.
            (10) Exercises led by the United States Indo-Pacific 
        Command, within the area of operations of the Command, that 
        integrate allied and partnered countries 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.
            (12) Incorporation of concepts related to the Joint 
        Warfighting Concept, as applicable.
            (13) The plan, resource requirements, and any additional 
        authorities needed through fiscal year 2031 to achieve the 
        objectives referred to in subsection (a).

    (c) <<NOTE: Classified information.>>  Form.--The report under 
subsection (a) may be submitted in classified form, and shall include an 
unclassified summary.

[[Page 134 STAT. 3864]]

SEC. 1074. REPORTS ON THREATS TO UNITED STATES FORCES FROM SMALL 
                          UNMANNED AIRCRAFT SYSTEMS WORLDWIDE.

    (a) <<NOTE: Deadline.>>  Strategy to Counter Threats From Small 
Unmanned Aircraft Systems.--Not later than 90 days after the date of 
enactment of this Act, the Secretary of the Army, as the Department of 
Defense executive agent for the Department of Defense counter-small 
unmanned aircraft systems program, shall develop and submit to Congress 
a strategy to effectively counter threats from small unmanned aircraft 
systems worldwide. <<NOTE: Classified information.>>  The strategy shall 
be submitted in classified form.

    (b) Report on Executive Agent Activities.--
            (1) Report required.--Not later than one year after the date 
        of the enactment of this Act, the Secretary of the Army shall 
        submit to Congress a report on the counter-small unmanned 
        aircraft systems program.
            (2) <<NOTE: Assessments.>>  Elements.--The report required 
        by paragraph (1) shall include each of the following:
                    (A) A description and assessment of the structure 
                and activities of the Secretary of the Army as the 
                executive agent for the counter-small unmanned aircraft 
                systems program, including the following:
                          (i) Any obstacles hindering the effective 
                      discharge of its functions and activities, 
                      including limitations in authorities or policy.
                          (ii) The changes, if any, to airspace 
                      management, rules of engagement, and training 
                      plans that are required in order to optimize the 
                      use by the Armed Forces of counter-small unmanned 
                      aircraft systems.
                    (B) An assessment of the implementation of the 
                strategy required by subsection (a), and a description 
                of any updates to the strategy that are required in 
                light of evolving threats to the Armed Forces from small 
                unmanned aircraft systems.

    (c) Report on Threat From Small Unmanned Aircraft Systems.--
            (1) Report required.--Not later than 180 days after the 
        submittal of the strategy required by subsection (a), the 
        Secretary of Defense shall submit to the appropriate committees 
        of Congress a report that sets forth a direct comparison between 
        the threats United States forces in combat settings face from 
        small unmanned aircraft systems and the capabilities of the 
        United States to counter such threats. <<NOTE: Classified 
        information.>>  The report shall be submitted in classified 
        form.
            (2) Coordination.--The Secretary shall prepare the report 
        required by paragraph (1) in coordination with the Director of 
        the Defense Intelligence Agency and with such other appropriate 
        officials of the intelligence community, and such other 
        officials in the United States Government, as the Secretary 
        considers appropriate.
            (3) <<NOTE: Assessments.>>  Elements.--The report required 
        by paragraph (1) shall include the following:
                    (A) <<NOTE: Evaluation.>>  An evaluation and 
                assessment of the current and evolving threat to United 
                States forces from small unmanned aircraft systems.
                    (B) A description of the counter-small unmanned 
                aircraft systems acquired by the Department of Defense 
                as of the date of the enactment of this Act, and an 
                assessment

[[Page 134 STAT. 3865]]

                whether such systems are adequate to meet the current 
                and evolving threat described in subparagraph (A).
            (4) Appropriate committees of congress defined.--In this 
        subsection, the term ``appropriate committees of Congress'' 
        means--
                    (A) the Committee on Armed Services and the Select 
                Committee on Intelligence of the Senate; and
                    (B) the Committee on Armed Services and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives.

    (d) Independent Assessment of Counter-Small Unmanned Aircraft 
Systems Program.--
            (1) <<NOTE: Deadline. Contracts.>>  Assessment.--Not later 
        than 60 days after the submittal of the strategy required by 
        subsection (a), the Secretary of Defense shall seek to enter 
        into a contract with a federally funded research and development 
        center to conduct an assessment of the efficacy of the counter-
        small unmanned aircraft systems program.
            (2) Elements.--The assessment conducted pursuant to 
        paragraph (1) shall include the following:
                    (A) An identification of metrics to assess progress 
                in the implementation of the strategy required by 
                subsection (a), which metrics shall take into account 
                the threat assessment required for purposes of 
                subsection (c).
                    (B) An assessment of progress, and key challenges, 
                in the implementation of the strategy using such 
                metrics, and recommendations for improvements in the 
                implementation of the strategy.
                    (C) An assessment of the extent to which the 
                Department of Defense is coordinating adequately with 
                other departments and agencies of the United States 
                Government, and other appropriate entities, in the 
                development and procurement of counter-small unmanned 
                aircraft systems for the Department.
                    (D) An assessment of the extent to which the 
                designation of the Secretary of the Army as the 
                executive agent for the counter-small unmanned aircraft 
                systems program has reduced redundancies and increased 
                efficiencies in procurement of counter-small unmanned 
                aircraft systems.
                    (E) An assessment whether United States 
                technological progress on counter-small unmanned 
                aircraft systems is sufficient to maintain a competitive 
                edge over the small unmanned aircraft systems technology 
                available to United States adversaries.
            (3) Report.--Not later than 180 days after entering into the 
        contract referred to in paragraph (1), the Secretary shall 
        submit to the congressional defense committees a report setting 
        forth the results of the assessment required under the contract.
SEC. 1075. UNDER SECRETARY OF DEFENSE (COMPTROLLER) REPORTS ON 
                          IMPROVING THE BUDGET JUSTIFICATION AND 
                          RELATED MATERIALS OF THE DEPARTMENT OF 
                          DEFENSE.

    (a) Reports Required.--Not later than April 1 of each of 2021 
through 2025, the Under Secretary of Defense (Comptroller) shall submit 
to the congressional defense committees a report on the following 
matters:

[[Page 134 STAT. 3866]]

            (1) Modernization of covered materials, including the 
        following:
                    (A) Updating the format of such materials in order 
                to account for significant improvements in document 
                management and data visualization.
                    (B) Expanding the scope and quality of data included 
                in such materials.
            (2) Streamlining of the production of covered materials 
        within the Department of Defense.
            (3) Transmission of covered materials to Congress.
            (4) Availability of adequate resources and capabilities to 
        permit the Department to integrate changes to covered materials 
        together with its submittal of current covered materials.
            (5) Promotion of the flow between the Department and the 
        congressional defense committees of other information required 
        by Congress for its oversight of budgeting for the Department 
        and the future-years defense programs.

    (b) Covered Materials Defined.--In this section, the term ``covered 
materials'' means the following:
            (1) Materials submitted in support of the budget of the 
        President for a fiscal year under section 1105(a) of title 31, 
        United States Code.
            (2) Materials submitted in connection with the future-years 
        defense program for a fiscal year under section 221 of title 10, 
        United States Code.
SEC. 1076. QUARTERLY BRIEFINGS ON JOINT ALL DOMAIN COMMAND AND 
                          CONTROL EFFORT.

    (a) <<NOTE: Time period.>>  In General.--During the period beginning 
on October 1, 2021, and ending on October 1, 2024, the Vice Chairman of 
the Joint Chiefs of Staff, the Chief Information Officer of the 
Department of Defense, and a senior military service representative for 
each of the Armed Forces shall provide to the Committees on Armed 
Services of the Senate and House of Representatives quarterly briefings 
on the progress of the Department's Joint All Domain Command and Control 
(in this section referred to as ``JADC2'') effort.

    (b) Elements.--Each briefing under subsection (a) shall include, 
with respect to the JADC2 effort, the following elements:
            (1) The status of the joint concept of command and control.
            (2) How the JADC2 effort is identifying gaps and addressing 
        validated requirements based on the joint concept of command and 
        control.
            (3) Progress in developing specific plans to evaluate and 
        implement materiel and non-materiel improvements to command and 
        control capabilities.
            (4) Clarification on distribution of responsibilities and 
        authorities within the Cross Functional Team, the Armed Forces, 
        and the Office of the Secretary of Defense with respect to 
        JADC2, and how the Armed Forces, the Cross Functional Team, and 
        the Office of the Secretary of Defense are synchronizing and 
        aligning with joint and military concepts, solutions, 
        experimentation, and exercises.
            (5) <<NOTE: Review.>>  The status of and review of any 
        recommendations for resource allocation necessary to achieve 
        operational JADC2.

[[Page 134 STAT. 3867]]

            (6) <<NOTE: Assessment.>>  A sufficiency assessment of 
        planned funding across the future years defense program for the 
        development of JADC2 capabilities.
SEC. 1077. REPORT ON CIVILIAN CASUALTY RESOURCING AND AUTHORITIES.

    (a) Purpose.--The purpose of this section is to facilitate 
fulfillment of the requirements in section 936 of the John S. McCain 
National Defense Authorization Act for Fiscal Year 2019 (Public Law 116-
92; 10 U.S.C. 134 note).
    (b) Report Required.--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 the current resources and 
authorities applied to civilian casualty mitigation, investigation, and 
response and an articulation of what, if any, additional resources or 
authorities will be necessary to fully implement 936 of the John S. 
McCain National Defense Authorization Act for Fiscal Year 2019 (Public 
Law 116-92; 10 U.S.C. 134 note).
    (c) Elements.--The report required under subsection (b) shall 
include the following:
            (1) An accounting of the number of personnel at each 
        combatant command, the Joint Staff, and Office of the Secretary 
        of Defense who, as of the date of the enactment of this Act, are 
        either exclusively or partially dedicated to--
                    (A) assessing, investigating, accounting for, and 
                responding to allegations of civilian casualties 
                resulting from United States military operations;
                    (B) incorporating civilian casualty mitigation 
                efforts into operational plans and activities;
                    (C) building partner capacity for mitigating 
                civilian casualties; or
                    (D) any other relevant matters.
            (2) <<NOTE: Estimate. Time period.>>  An estimate of the 
        number of personnel projected to be required during the three-
        year period beginning on the date of the enactment of this Act 
        by each combatant command, the Joint Staff, and Office of the 
        Secretary of Defense to--
                    (A) assess, investigate, account for, and respond to 
                allegations of civilian casualties resulting from United 
                States military operations;
                    (B) incorporate civilian casualty mitigation efforts 
                into operational plans and activities;
                    (C) build partner capacity for mitigating civilian 
                casualties; and
                    (D) perform any other relevant functions.
            (3) A description of any specialized information technology 
        equipment, support and maintenance, and data storage 
        capabilities used by the Department of Defense as of the date of 
        the enactment of this Act to--
                    (A) receive allegations of, assess, investigate, 
                account for, and respond to allegations of civilian 
                casualties resulting from United States military 
                operations;
                    (B) incorporate civilian casualty mitigation efforts 
                into operational plans and activities; and
                    (C) perform any other relevant functions.
            (4) <<NOTE: Cost estimate. Time period.>>  An estimate of 
        the projected costs during the three-year period beginning on 
        the date of the enactment of this

[[Page 134 STAT. 3868]]

        Act of any specialized information technology equipment, support 
        and maintenance, and data storage capabilities to--
                    (A) receive allegations of, assess, investigate, 
                account for, and respond to allegations of civilian 
                casualties resulting from United States military 
                operations;
                    (B) incorporate civilian casualty mitigation efforts 
                into operational plans and activities; and
                    (C) perform any other relevant functions.
            (5) An identification of relevant statutory authorities used 
        by the Department, as of the date of the enactment of this Act, 
        to investigate, account for, and respond to allegations of 
        civilian casualties resulting from United States military 
        operations.
            (6) A detailed description of any additional changes to the 
        personnel, resources, and authorities of the Department 
        necessary to fully implement 936 of the John S. McCain National 
        Defense Authorization Act for Fiscal Year 2019 (Public Law 116-
        92; 10 U.S.C. 134 note) in future years.
            (7) Any other matters determined relevant by the Secretary 
        of Defense.

    (d) <<NOTE: Deadline. Web posting.>>  Public Availability of 
Report.--Not later than 45 days after the report required under 
subsection (b) is submitted to the congressional defense committees, the 
Secretary of Defense shall make the report publicly available on an 
appropriate website of the Department of Defense.
SEC. 1078. COMPTROLLER GENERAL REVIEW OF DEPARTMENT OF DEFENSE 
                          EFFORTS TO PREVENT RESALE OF GOODS 
                          MANUFACTURED BY FORCED LABOR IN 
                          COMMISSARIES AND EXCHANGES.

    (a) <<NOTE: China.>>  Review Required.--The Comptroller General of 
the United States shall conduct a review of the policies and processes 
of the Department of Defense governing the purchase of goods for resale 
in the commissaries and exchanges of the Department that are produced 
in, or imported from, areas where forced labor may be used, including 
the Xinjiang Uyghur Autonomous Region of China.

    (b) Elements of Review.--The review required under subsection (a) 
shall include the following:
            (1) The laws, regulations, and departmental policies 
        governing the purchase of imported goods by the Department of 
        Defense as part of the retail supply chains of the Department.
            (2) The extent to which the Department has processes in 
        place to prevent goods produced or manufactured by forced labor 
        from being resold in commissaries and exchanges of the 
        Department.
            (3) The kinds of information obtained from suppliers to such 
        commissaries and exchanges regarding the source of goods or the 
        use of forced labor to produce goods.
            (4) The extent to which the Department coordinates with 
        other Federal agencies on matters pertaining to the importation 
        and resale of goods produced by forced labor.
            (5) Any other relevant matters as determined by the 
        Comptroller General.

    (c) Briefing and Report.--

[[Page 134 STAT. 3869]]

            (1) <<NOTE: Deadline.>>  Briefing.--Not later than June 1, 
        2021, the Comptroller General shall provide to the Committees on 
        Armed Services of the Senate and House of Representatives a 
        briefing on the review required under subsection (a).
            (2) Report.--No later than December 1, 2021, the Comptroller 
        General shall submit to such committees a report on such review, 
        which shall contain each of the elements under subsection (b).
SEC. 1079. COMPTROLLER GENERAL REPORT ON DEPARTMENT OF DEFENSE 
                          PROCESSES FOR RESPONDING TO 
                          CONGRESSIONAL REPORTING REQUIREMENTS.

    (a) Comptroller General Analysis.--Not later than one year after the 
date of the enactment of this Act, the Comptroller General of the United 
States shall submit to the congressional defense committees a report 
containing an analysis of the processes of the Department of Defense for 
responding to congressional reporting requirements.
    (b) Criteria for Evaluation.--The analysis required under subsection 
(a) shall include an evaluation of funding and changes to policies and 
business practices by the Department for improving the effectiveness, 
efficiency, and public transparency of the compliance of the Department 
with congressional reporting requirements.
    (c) Contents of Report.--The report required by subsection (a) shall 
include each of the following:
            (1) <<NOTE: Reviews.>>  A review of--
                    (A) current laws, guidance, policies for Department 
                of Defense compliance with congressional reporting 
                requirements;
                    (B) recent direction from the congressional defense 
                committees concerning how the Department designs, 
                modifies, tracks, delivers, and inventories completed 
                reports; and
                    (C) the response of the Department of Defense to the 
                plan required by section 874 of the John S. McCain 
                National Defense Authorization Act for Fiscal Year 2019 
                (Public Law 115-232; 132 Stat. 1906).
            (2) <<NOTE: Evaluations.>>  An evaluation of the cost and 
        effectiveness of--
                    (A) the existing processes the Department of Defense 
                uses to track and respond to congressional reporting 
                requirements; and
                    (B) the ongoing modernization efforts referred to in 
                subparagraphs (B) and (C) of paragraph (1), including--
                          (i) the design, development, and fielding of 
                      efforts to modernize existing report tracking 
                      systems;
                          (ii) the potential for system-level access 
                      solutions; and
                          (iii) the standardization of report-related 
                      data, including types of reporting requirements.
            (3) <<NOTE: Analysis.>>  An analysis of further options for 
        modernizing the preparation and coordination process for 
        required reports and other written correspondence from the 
        Department of Defense to the congressional defense committees. 
        Such analysis shall include--
                    (A) <<NOTE: Coordination.>>  the coordination of 
                Department of Defense business practices and internal 
                policies with legislative processes; and

[[Page 134 STAT. 3870]]

                    (B) the feasibility of the Department of Defense, 
                the Government Publishing Office, or another Federal 
                Government entity maintaining a consolidated online 
                public database for unclassified reports submitted after 
                the date of the enactment of this Act pursuant to a 
                congressional reporting requirement that includes, for 
                each report in the database--
                          (i) <<NOTE: Records.>>  a copy of the report;
                          (ii) the deadline on which the report was 
                      required to be submitted to Congress;
                          (iii) the date on which the report was 
                      transmitted;
                          (iv) the total cost associated with the 
                      report; and
                          (v) <<NOTE: Summary.>>  a brief summary of the 
                      report, including a citation to the legislative 
                      text requiring the report.

    (d) Congressional Reporting Requirement Defined.--In this section. 
the term ``congressional reporting requirement'' means a requirement 
that the Secretary of Defense, or any element or official of the 
Department of Defense, submit to Congress, or to a committee of 
Congress, an unclassified report or briefing by reason of--
            (1) any provision of title 10, United States Code;
            (2) a provision of any National Defense Authorization Act;
            (3) a provision of a statement of managers that accompanied 
        the conference report for any National Defense Authorization 
        Act; or
            (4) a provision of a committee report that accompanied a 
        version of any National Defense Authorization Act, as reported 
        by the Committee on Armed Services of the Senate or the 
        Committee on Armed Services of the House of Representatives.

                        Subtitle G--Other Matters

SEC. 1081. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.

    (a) Title 10, United States Code.--Title 10, United States Code, is 
amended as follows:
            (1) The table of chapters at the beginning of subtitle A of 
        title 10, United States Code, and at the beginning of part I of 
        such subtitle, <<NOTE: 10 USC 101 prec.>>  are each amended by 
        inserting before the item relating to chapter 20 the following 
        new item:

``19. Cyber Matters..............................................391.''.

            (2) The table of chapters at the beginning of subtitle A of 
        title 10, United States Code, and at the beginning of part IV of 
        such subtitle, <<NOTE: 10 USC 101 prec., 2001 prec.>>  are each 
        amended by inserting after the item relating to chapter 112 the 
        following new item:

``113. Defense Civilian Training Corps.........................2200g.''.

            (3) The table of chapters at the beginning of subtitle A of 
        title 10, United States Code, and at the beginning of part IV of 
        such subtitle, <<NOTE: 10 USC 101 prec., 2201 prec.>>  are each 
        amended by striking the item relating to chapter 140 and 
        inserting the following new item:

``140. Procurement of Commercial Products and Commercial Service2375.''.

            (4)(A) The section designation of each section in chapter 
        113 of title 10, United States Code, <<NOTE: 10 USC 2200g, 
        2200h, 2200i, 2200j.>>  is amended by striking ``sec.'' and 
        inserting ``Sec. ''.
            (B) Each corresponding item in the table of sections at the 
        beginning of such chapter <<NOTE: 10 USC 2200g prec.>>  is 
        amended by striking ``Sec.'',

[[Page 134 STAT. 3871]]

        other than where it appears preceding the item relating to 
        section 2200g.
            (5) Section 101(a)(13)(B) is amended by striking ``section 
        712'' and inserting ``section 3713''.
            (6) Section 118(3) is amended by inserting ``and'' after `` 
        `materiel and operational capability',''.
            (7) Subsection (g) of section 127e, as redesignated by 
        section 1051, is amended by striking ``Low-Intensity'' and 
        inserting ``Low Intensity''.
            (8) Section 130i is amended--
                    (A) in subsection (i)(1), by striking ``of 
                subsection'' and all that follows through ``shall'' and 
                insert ``of subsection (j)(3)(C) shall''; and
                    (B) in subsection (j)(6), by adding a period at the 
                end.
            (9) Section 142 is amended--
                    (A) by striking subsection (d); and
                    (B) by redesignating the second subsection (c) as 
                subsection (d).
            (10) Section 171a(i)(1) is amended by striking 
        ``Acquisitions'' and inserting ``Acquisition''.
            (11) Section 192(c) is amended by striking the first 
        paragraph (1).
            (12) Section 222a(d)(1)(C)(i) is amended by inserting 
        ``had'' before ``been''.
            (13) Section 231 is amended--
                    (A) by striking ``quadrennial defense review'' each 
                place it appears and inserting ``national defense 
                strategy''; and
                    (B) in subsection (f)(3), by striking ``section 
                118'' and inserting ``section 113(g)''.
            (14) Section 240b(b)(1)(B) is amended--
                    (A) in clause (ix), by striking ``suhsection'' and 
                inserting ``subsection''; and
                    (B) in clause (xii), by inserting ``of'' after 
                ``identification''.
            (15) Section 393(b)(2)(D) is amended by striking ``of 
        Defense'' and all that follows through the period and inserting 
        ``of Defense for Intelligence and Security''.
            (16) Section 397(b)(5) is amended by striking ``Persons'' 
        and inserting ``persons''.
            (17) Section 430(b)(1) is amended by inserting ``and 
        Security'' after ``for Intelligence''.
            (18) Section 617(d) is amended by striking ``section 
        616(g)'' and inserting ``section 616(h)''.
            (19) The table of sections at the beginning of <<NOTE: 10 
        USC 711 prec.>>  chapter 41 is amended--
                    (A) in the item relating to section 715 by inserting 
                a period at the end; and
                    (B) by moving the item relating to section 714 so 
                that it appears immediately after the item relating to 
                section 713.
            (20) The table of sections at the beginning subchapter VII 
        of chapter 47 <<NOTE: 10 USC 836 prec.>>  is amended by striking 
        the item relating to section 837 (article 37) and inserting the 
        following:

``837. 37. Command influence.''.

            (21) Section 991(a)(4)(A) is amended by striking ``The 
        amount.'' and inserting ``The amount''.

[[Page 134 STAT. 3872]]

            (22) Section 1044e is amended by striking ``subsection (h)'' 
        each place it appears and inserting ``subsection (i)''.
            (23) The table of sections at the beginning of <<NOTE: 10 
        USC 1061 prec.>>  chapter 54 is amended by inserting after the 
        item relating to section 1064 the following:

``1065. Use of commissary stores and MWR facilities: certain veterans 
           and caregivers for veterans.''.

            (24) Section 1073c(a) is amended--
                    (A) by redesignating the second paragraph (6) as 
                paragraph (4); and
                    (B) by moving paragraph (4) (as redesignated by 
                subparagraph (A)) so as to appear before paragraph (5).
            (25) Section 1079(q) is amended by striking ``section 
        1074g(h)'' and inserting ``section 1074g(i)''.
            (26) The table of sections at the beginning of <<NOTE: 10 
        USC 1141 prec.>>  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.''.

            (27) Section 1475(a)(4) is amended by striking ``or; or'' 
        and inserting ``or''.
            (28) Section 1553(d)(1)(B) is amended by striking ``in 
        based'' and inserting ``is based''.
            (29) Section 1564(c)(2) is amended in the matter preceding 
        subparagraph (A) by striking ``in an'' and inserting ``is an''.
            (30) The table of sections at the beginning of subchapter I 
        of chapter 87 <<NOTE: 10 USC 1701 prec.>>  is amended by 
        striking the item relating to section 1702 and inserting the 
        following new item:

``1702. Under Secretary of Defense for Acquisition and Sustainment: 
           authorities and responsibilities.''.

            (31) Section 1701(a) is amended--
                    (A) in subsection (b)(6), by striking the period at 
                the end and inserting a semicolon; and
                    (B) in subsection (c), by striking the paragraph 
                headings for paragraphs (1) and (2).
            (32) Section 1746(b)(3)(A) is amended by striking the second 
        semicolon that appears before ``and'' at the end.
            (33) Section 1784(h)(5) is amended by striking ``expire'' 
        and inserting ``expires''.
            (34) Section 2004 is amended in subsections (d) and (e) by 
        striking ``enlistment'' both places it appears and inserting 
        ``enlisted''.
            (35) The table of sections at the beginning of <<NOTE: 10 
        USC 2271 prec.>>  chapter 135 is amended by striking the item 
        relating to section 2279c.
            (36) Section 2339a(b)(1) is amended by inserting ``and 
        Security'' after ``for Intelligence''.
            (37) Section 2358b(a)(2) is amended by striking ``to 
        accelerate'' and inserting ``accelerate''.
            (38) The table of sections at the beginning of <<NOTE: 10 
        USC 2411 prec.>>  chapter 142 is amended by striking the item 
        relating to section 2417 and inserting the following:

``2417. Administrative and other costs.''.


[[Page 134 STAT. 3873]]


            (39) The table of sections at the beginning of <<NOTE: 10 
        USC 2551 prec.>>  chapter 152 is amended by striking the item 
        relating to section 2568a and inserting the following:

``2568a. Damaged personal protective equipment: award to members 
           separating from the Armed Forces and veterans.''.

            (40) Section 2409a(c)(3) is amended by striking ``Stat. 
        664,'' and inserting ``50 Stat. 664;''.
            (41) Section 2417(2) is amended by striking ``entities -'' 
        and inserting ``entities--''.
            (42) Section 2583(g)(2)(A) is amended by inserting ``or'' 
        after the semicolon.
            (43) Section 2641b(a)(3)(B) is amended by striking 
        ``subsection (c)(5)'' and inserting ``subsection (c)(6)''.
            (44) Section 2804(b) is amended in the third sentence by 
        striking ``; and''.
            (45) Section 8680(a)(2)(C)(ii) is amended, in the matter 
        preceding subclause (I), by striking the period after the dash.
            (46) Section 8749(a) is amended by striking ``alcohol 
        tests'' and inserting ``alcohol test''.
            (47) The tables of chapters at the beginning of subtitle D 
        and part I of such subtitle <<NOTE: 10 USC 9011 prec.>>  are 
        each amended by striking the period at the end of the item 
        relating to chapter 908.

    (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) <<NOTE: Effective date.>>  NDAA for Fiscal Year 2020.--Effective 
as of December 20, 2020, and as if included therein as enacted, the 
National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92) <<NOTE: 10 USC 1761 note prec.>>  is amended as follows:
            (1) Section 234(f)(1) (10 U.S.C. 2164 note) is amended by 
        striking ``the a'' and inserting ``a''.
            (2) Section 540B(b)(4) (10 U.S.C. 1561 note; 133 Stat. 1365) 
        is amended by striking ``their their'' and inserting ``their''.
            (3) Section 821 (133 Stat. 1490) <<NOTE: 10 USC 2302 
        note.>>  is amended by inserting ``Carl Levin and Howard P. 
        `Buck' McKeon'' before ``National Defense Authorization Act for 
        Fiscal Year 2015''.
            (4) Section 861(i)(2) (10 U.S.C. 1761 prec.; 133 Stat. 1519) 
        is amended by striking ``subchapter II'' and inserting 
        ``subchapter V''.
            (5) Section 1009(c) (133 Stat. 1576; 10 U.S.C. 240b note) is 
        amended by striking ``a reporting'' and inserting ``a report''.
            (6) Section 1631(i)(1) (133 Stat. 1745) <<NOTE: 10 USC 397 
        note.>>  is amended by striking ``foreign person'' and inserting 
        ``foreign power''.
            (7) Section 1647(b)(3)(A) <<NOTE: 10 USC 2224 note.>>  is 
        amended by striking ``by used'' and inserting ``be used''.
            (8) Section 1731(a)(2) (133 Stat. 1812; <<NOTE: 10 USC 2001 
        prec.>>  10 U.S.C. 101 prec.) is amended by striking ``part I'' 
        and inserting ``part III''.
            (9) Section 2801(b)(2) (133 Stat. 1881) <<NOTE: 10 USC 2801 
        prec.>>  is amended by inserting ``subchapter I of'' before 
        ``chapter 169''.

    (d) <<NOTE: Effective date. 10 USC 2306a note.>>  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 follows:
            (1) Section 154(a)(1) (10 U.S.C. 2302 note) is amended by 
        striking ``of an'' and inserting ``of''.
            (2) Section 226(b)(3)(C) (132 Stat. 1686) <<NOTE: 10 USC 
        2302 note.>>  is amended by striking ``commercial-off the-
        shelf'' and inserting ``commercially

[[Page 134 STAT. 3874]]

        available off-the-shelf items (as defined in section 104 of 
        title 41, United States Code) that may serve as''.
            (3) Section 809(b)(3) (132 Stat. 1840) is amended by 
        striking ``Section 598(d)(4) of the National Defense 
        Authorization Act of for Fiscal Year 2010 (Public 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 (Public Law 110-417; 10 U.S.C. 1561 note)''.
            (4) Section 836 (132 Stat. 1859) is amended--
                    (A) <<NOTE: 41 USC 104.>>  in subsection (a)(2)(B), 
                by inserting ``of such title'' after ``Section 
                104(1)(A)''; and
                    (B) in subsection (c)--
                          (i) <<NOTE: 10 USC 2306a.>>  in paragraph 
                      (5)(B), by striking ``subsection (d)(2)'' and 
                      inserting ``subsection (d)(3)''; and
                          (ii) by amending paragraph (8) to read as 
                      follows:
            ``(8) Section 2321(f) is amended by striking `commercial 
        items' and inserting `commercial products'.''.
            (5) Section 889(f) (132 Stat. 1918; 41 U.S.C. 3901 note 
        prec.) is amended by striking ``appropriate congressional 
        committees' '' and inserting ``appropriate congressional 
        committees''.
            (6) Section 1286(e)(2)(D) (10 U.S.C. 2358 note; 132 Stat. 
        2080) is amended by striking ``improve'' and inserting 
        ``improved''.
            (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) <<NOTE: 10 USC 
        2684a.>>  is amended by inserting ``in the matter preceding the 
        paragraphs'' after ``amended''.

    (e) <<NOTE: Effective date. 10 USC 2302 note.>>  NDAA for Fiscal 
Year 2018.--Effective as of December 12, 2017, and as if included 
therein as enacted, the National Defense Authorization Act for Fiscal 
Year 2018 (Public Law 115-91) is amended as follows:
            (1) Section 1701(a)(4)(A) (131 Stat. 1796) <<NOTE: 10 USC 
        1561 note.>>  is amended by striking ``Section 831(n)(2)(g)'' 
        and inserting ``Section 831(o)(2)(G)''.

    (f) <<NOTE: Effective date.>>  NDAA for Fiscal Year 2016.--Effective 
as of December 23, 2016, and as if included therein as enacted, the 
National Defense Authorization Act for Fiscal Year 2016 (Public Law 114-
92) is amended as follows:
            (1) In section 541(a) (10 U.S.C. 1561 note), by striking 
        ``section 1044e(g)'' and inserting ``section 1044e(h)''.
            (2) In section 856(a)(1) (10 U.S.C. 2377 note), by inserting 
        ``United States Code,'' after ``title 41,''.

[[Page 134 STAT. 3875]]

            (3) <<NOTE: 10 USC 2431 note.>>  In section 1675(a), by 
        striking ``Board,,'' and inserting ``Board,''.

    (g) <<NOTE: 10 USC 101 note.>>  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. 1082. <<NOTE: 10 USC 113 note.>>  REPORTING OF ADVERSE EVENTS 
                          RELATING TO CONSUMER PRODUCTS ON 
                          MILITARY INSTALLATIONS.

    (a) In General.--The Secretary of Defense shall issue to the 
military departments guidance to encourage the reporting of any adverse 
event related to a consumer product that occurs on a military 
installation on the appropriate consumer product safety website.
    (b) Definitions.--In this section:
            (1) The term ``adverse event'' means--
                    (A) any event that indicates that a consumer 
                product--
                          (i) fails to comply with an applicable 
                      consumer product safety rule or with a voluntary 
                      consumer product safety standard upon which the 
                      Consumer Product Safety Commission has relied 
                      under section 9 of the Consumer Product Safety Act 
                      (15 U.S.C. 2058);
                          (ii) fails to comply with any other rule, 
                      regulation, standard, or ban under that Act or any 
                      other Act enforced by the Commission;
                          (iii) contains a defect that could create a 
                      substantial product hazard described in section 
                      15(a)(2) of the Consumer Product Safety Act (15 
                      U.S.C. 2064(a)(2)); or
                          (iv) creates an unreasonable risk of serious 
                      injury or death; or
                    (B) any other harm described in subsection (b)(1)(A) 
                of section 6A of the Consumer Product Safety Act (15 
                U.S.C. 2055a) and required to be reported in the 
                database established under subsection (a) of that 
                section.
            (2) The term ``consumer product'' has the meaning given that 
        term in section 3 of the Consumer Product Safety Act (15 U.S.C. 
        2052).
SEC. 1083. <<NOTE: District of Columbia. 40 USC 8903 note.>>  
                          MODIFICATION TO FIRST DIVISION MONUMENT.

    (a) Authorization.--The Society of the First Infantry Division may 
make modifications to the First Division Monument located on Federal 
land in President's Park in the District of Columbia to honor the dead 
of the First Infantry Division, United States Forces, in--
            (1) Operation Desert Storm;
            (2) Operation Iraqi Freedom and New Dawn; and
            (3) Operation Enduring Freedom.

    (b) Modifications.--Modifications to the First Division Monument may 
include construction of additional plaques and stone plinths on which to 
put plaques.
    (c) Applicability of Commemorative Works Act.--Chapter 89 of title 
40, United States Code (commonly known as the ``Commemorative Works 
Act''), shall apply to the design and placement of the commemorative 
elements authorized by this section, except that subsections (b) and (c) 
of section 8903 of such title shall not apply.

[[Page 134 STAT. 3876]]

    (d) <<NOTE: List.>>  Collaboration.--The First Infantry Division of 
the Department of the Army shall collaborate with the Secretary of 
Defense to provide to the Society of the First Infantry Division the 
list of names to be added to the First Division Monument in accordance 
with subsection (a).

    (e) Funding.--Federal funds may not be used for modifications of the 
First Division Monument authorized by this section.
SEC. 1084. SENSE OF CONGRESS REGARDING REPORTING OF CIVILIAN 
                          CASUALTIES RESULTING FROM UNITED STATES 
                          MILITARY OPERATIONS.

    It is the sense of Congress--
            (1) to commend the Department of Defense for the measures it 
        has implemented and is currently implementing to prevent, 
        mitigate, track, investigate, learn from, respond to, and report 
        civilian casualties resulting from United States military 
        operations;
            (2) to agree with the Department that civilian casualties 
        are a tragic and unavoidable part of war, and to recognize that 
        the Department endeavors to conduct all military operations in 
        compliance with the international law of armed conflict and the 
        laws of the United States, including distinction, 
        proportionality, and the requirement to take feasible 
        precautions in planning and conducting operations to reduce the 
        risk of harm to civilians and other protected persons and 
        objects;
            (3) that the protection of civilians and other protected 
        persons and objects, in addition to a legal obligation and a 
        strategic interest, is a moral and ethical imperative;
            (4) that the Department has been responsive and submitted to 
        Congress three successive annual reports on civilian casualties 
        resulting from United States military operations for calendar 
        years 2017, 2018, and 2019, and has proactively updated reports 
        as appropriate;
            (5) to commend the United States Africa Command for 
        announcing on March 21, 2020, its intent to issue quarterly 
        reports on the status of ongoing civilian casualty allegations 
        and assessments;
            (6) to recognize the efforts of the Department, both in 
        policy and in practice, to reduce the harm to civilians and 
        other protected persons and objects resulting from United States 
        military operations; and
            (7) to encourage the Department to make additional progress 
        in--
                    (A) ensuring that the combatant commands have the 
                requisite personnel and resources to appropriately 
                integrate the observance of human rights and the 
                protection of civilians and civilian objects in the 
                planning and activities of the commands;
                    (B) finalizing and implementing the policy of the 
                Department relating to civilian casualties resulting 
                from United States military operations, as required by 
                section 936 of the John S. McCain National Defense 
                Authorization Act for Fiscal Year 2019 (10 U.S.C. 134 
                note);
                    (C) finalizing Department-wide regulations to 
                implement section 1213 of the National Defense 
                Authorization for Fiscal Year 2020 (Public Law 116-92) 
                for ex gratia

[[Page 134 STAT. 3877]]

                payments for damage, personal injury, or death that is 
                incident to the use of force by the United States Armed 
                Forces, a coalition that includes the United States, a 
                military organization supporting the United States, or a 
                military organization supporting the United States or 
                such coalition; and
                    (D) enhancing the ability of foreign partner forces 
                to reduce civilian casualties, including in connection 
                with train and equip programs, advise, assist, 
                accompany, and enable missions, and fully combined and 
                coalition operations.
SEC. 1085. <<NOTE: 49 USC 40103 note.>>  DEPLOYMENT OF REAL-TIME 
                          STATUS OF SPECIAL USE AIRSPACE.

     <<NOTE: Deadline. Coordination. Public information.>> Not later 
than 180 days after the date of the enactment of this Act, to the 
maximum extent practicable, the Administrator of the Federal Aviation 
Administration, in coordination with the Secretary of Defense, shall 
enable the automated public dissemination of information on the real-
time status of the activation or deactivation of military operations 
areas and restricted areas in a manner that is similar to the manner 
that temporary flight restrictions are published and disseminated.
SEC. 1086. <<NOTE: 52 USC 20301a.>>  DUTIES OF SECRETARY UNDER 
                          UNIFORMED AND OVERSEAS CITIZENS ABSENTEE 
                          VOTING ACT.

    (a) Ensuring Ability of Absent Uniformed Services Voters Serving at 
Diplomatic and Consular Posts to Receive and Transmit Balloting 
Materials.--In carrying out the Secretary's duties as the Presidential 
designee under the Uniformed and Overseas Citizens Absentee Voting Act 
(52 U.S.C. 20301 et seq.), the Secretary shall take such actions as may 
be necessary, feasible, and practical to ensure that a uniformed 
services voter under such Act who is absent from the United States by 
reason of active duty or service at a diplomatic and consular post of 
the United States is able to receive and transmit balloting materials in 
the same manner and with the same rights and protections as a uniformed 
services voter under such Act who is absent from the United States by 
reason of active duty or service at a military installation.
    (b) Effective Date.--This section shall apply with respect to 
elections held on or after the date of the enactment of this Act.
SEC. 1087. <<NOTE: 49 USC 47501 note.>>  MITIGATION OF MILITARY 
                          HELICOPTER NOISE.

    (a) <<NOTE: Coordination.>>  Process for Tracking Complaints.--The 
Secretary of Defense, in coordination with the Metropolitan Washington 
Airports Authority, shall develop a process to receive, track, and 
analyze complaints of military rotary wing aircraft noise in the 
National Capital Region that are registered on the noise inquiry 
websites of Ronald Reagan Washington National Airport and Dulles 
International Airport.

    (b) <<NOTE: Definition.>>  National Capital Region.--In this 
section, the term ``National Capital Region'' has the meaning given such 
term in section 2674(f)(2) of title 10, United States Code.
SEC. 1088. CONGRESSIONAL EXPRESSION OF SUPPORT FOR DESIGNATION OF 
                          NATIONAL BORINQUENEERS DAY.

    Congress--

[[Page 134 STAT. 3878]]

            (1) expresses support for the designation of ``National 
        Borinqueneers Day'';
            (2) recognizes the bravery, service, and sacrifice of the 
        Puerto Rican soldiers of the 65th Infantry Regiment in the armed 
        conflicts of the United States in the 20th and 21st centuries;
            (3) expresses deep gratitude for the contributions to the 
        Armed Forces that have been made by hundreds of thousands of 
        patriotic United States citizens from Puerto Rico; and
            (4) urges individuals and communities across the United 
        States to participate in activities that are designed--
                    (A) to celebrate the distinguished service of the 
                veterans who served in the 65th Infantry Regiment, known 
                as the ``Borinqueneers'';
                    (B) to pay tribute to the sacrifices made and 
                adversities overcome by Puerto Rican and Hispanic 
                members of the Armed Forces; and
                    (C) to recognize the significant contributions to 
                United States history made by the Borinqueneers.
SEC. 1089. <<NOTE: 10 USC 342 note.>>  TED STEVENS CENTER FOR 
                          ARCTIC SECURITY STUDIES.

    (a) Plan Required.--
            (1) <<NOTE: Deadline. Coordination.>>  In general.--Not 
        later than 90 days after the date of the enactment of this Act, 
        the Secretary of Defense, in coordination with the Secretary of 
        State, shall submit to the congressional defense committees a 
        plan to establish a Department of Defense Regional Center for 
        Security Studies for the Arctic.
            (2) Elements.--The plan required by paragraph (1) shall 
        include the following:
                    (A) A description of the benefits of establishing 
                such a center, including the manner in which the 
                establishment of such a center would benefit United 
                States and Department of Defense interests in the Arctic 
                region.
                    (B) A description of the mission and purpose of such 
                a center, including--
                          (i) enhancing understanding of the dynamics 
                      and national security implications of an emerging 
                      Arctic region, including increased access for 
                      transit and maneuverability; and
                          (ii) other specific policy guidance from the 
                      Office of the Secretary of Defense.
                    (C) <<NOTE: Analysis.>>  An analysis of suitable 
                reporting relationships with the applicable combatant 
                commands.
                    (D) <<NOTE: Assessment.>>  An assessment of suitable 
                locations, which shall include an enumeration and 
                valuation of criteria, which may include--
                          (i) the proximity of a location to other 
                      academic institutions that study security 
                      implications with respect to the Arctic region;
                          (ii) the proximity of a location to the 
                      designated lead for Arctic affairs of the United 
                      States Northern Command; and
                          (iii) the proximity of a location to a central 
                      hub of assigned Arctic-focused Armed Forces so as 
                      to suitably advance relevant professional 
                      development of skills unique to the Arctic region.

[[Page 134 STAT. 3879]]

                    (E) A description of the establishment and 
                operational costs of such a center, including for--
                          (i) military construction for required 
                      facilities;
                          (ii) facility renovation;
                          (iii) personnel costs for faculty and staff; 
                      and
                          (iv) other costs the Secretary considers 
                      appropriate.
                    (F) <<NOTE: Evaluation.>>  An evaluation of the 
                existing infrastructure, resources, and personnel 
                available at military installations and at universities 
                and other academic institutions that could reduce the 
                costs described in accordance with subparagraph (E).
                    (G) <<NOTE: Examination.>>  An examination of 
                partnership opportunities with United States allies and 
                partners for potential collaboration and burden sharing.
                    (H) A description of potential courses and programs 
                that such a center could carry out, including--
                          (i) core, specialized, and advanced courses;
                          (ii) potential planning workshops;
                          (iii) seminars;
                          (iv) confidence-building initiatives; and
                          (v) academic research.
                    (I) A description of any modification to title 10, 
                United States Code, necessary for the effective 
                operation of such a center.
            (3) <<NOTE: Classified information.>>  Form.--The plan 
        required by paragraph (1) shall be submitted in unclassified 
        form, but may include a classified annex.

    (b) Establishment.--
            (1) <<NOTE: Time period.>>  In general.--Not earlier than 30 
        days after the submittal of the plan required by subsection (a), 
        and subject to the availability of appropriations, the Secretary 
        of Defense may establish and administer a Department of Defense 
        Regional Center for Security Studies for the Arctic, to be known 
        as the ``Ted Stevens Center for Arctic Security Studies'', for 
        the purpose described in section 342(a) of title 10, United 
        States Code.
            (2) <<NOTE: Determination.>>  Location.--Subject to a 
        determination by the Secretary to establish the Ted Stevens 
        Center for Arctic Security Studies under this section, the 
        Center shall be established at a location determined suitable 
        pursuant to subsection (a)(2)(D).
SEC. 1090. <<NOTE: 10 USC 113 note.>>  ESTABLISHMENT OF VETTING 
                          PROCEDURES AND MONITORING REQUIREMENTS 
                          FOR CERTAIN MILITARY TRAINING.

    (a) Establishment of Vetting Procedures.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 90 days 
        after the date of the enactment of this Act, the Secretary of 
        Defense shall establish procedures to vet covered individuals 
        for eligibility for physical access to Department of Defense 
        installations and facilities within the United States.
            (2) Criteria for procedures.--The procedures established 
        under paragraph (1) shall include biographic and biometric 
        screening of covered individuals, continuous review of whether 
        covered individuals should continue to be authorized for 
        physical access, biographic checks of the immediate family 
        members

[[Page 134 STAT. 3880]]

        of covered individuals, and any other measures that the 
        Secretary determines appropriate for vetting.
            (3) Information required.--The Secretary shall identify the 
        information required to conduct the vetting under this section.
            (4) Collection of information.--The Secretary shall--
                    (A) collect the information required to vet 
                individuals under the procedures established under this 
                subsection;
                    (B) as required for the effective implementation of 
                this section, seek to enter into agreements with the 
                relevant departments and agencies of the United States 
                to facilitate the sharing of information in the 
                possession of such departments and agencies concerning 
                covered individuals; and
                    (C) ensure that the initial vetting of covered 
                individuals is conducted as early and promptly as 
                practicable, to minimize disruptions to United States 
                programs to train foreign military students.

    (b) Determination Authority.--
            (1) Review of vetting results.--The Secretary shall assign 
        to an organization within the Department with responsibility for 
        security and counterintelligence the responsibility of--
                    (A) reviewing the results of the vetting of a 
                covered individual conducted under subsection (a); and
                    (B) <<NOTE: Recommenda- tions.>>  making a 
                recommendation regarding whether such individual should 
                be given physical access to a Department of Defense 
                installation or facility.
            (2) Negative recommendation.--If the recommendation with 
        respect to a covered individual under paragraph (1)(B) is that 
        the individual should not be given physical access to a 
        Department of Defense installation or facility--
                    (A) such individual may only be given such access if 
                such access is authorized by the Secretary of Defense or 
                the Deputy Secretary of Defense; and
                    (B) <<NOTE: Notification.>>  the Secretary of 
                Defense shall ensure that the Secretary of State is 
                promptly provided with notification of such 
                recommendation.

    (c) Additional Security Measures.--
            (1) Security measures required.--The Secretary of Defense 
        shall ensure that--
                    (A) <<NOTE: Compliance.>>  all Department of Defense 
                common access cards issued to foreign nationals in the 
                United States comply with the credentialing standards 
                issued by the Office of Personnel Management;
                    (B) all such common access cards issued to foreign 
                nationals in the United States include a visual 
                indicator as required by the standard developed by the 
                Department of Commerce National Institute of Standards 
                and Technology;
                    (C) physical access by covered individuals is 
                limited, as appropriate, to those Department of Defense 
                installations or facilities within the United States 
                directly associated with the training or education or 
                necessary for such individuals to access authorized 
                benefits;
                    (D) <<NOTE: Firearms.>>  a policy is in place 
                covering possession of firearms on Department of Defense 
                property by covered individuals;
                    (E) covered individuals who have been granted 
                physical access to Department of Defense installations 
                and facilities

[[Page 134 STAT. 3881]]

                are incorporated into the Insider Threat Program of the 
                Department of Defense; and
                    (F) <<NOTE: Firearms.>>  covered individuals are 
                prohibited from transporting, possessing, storing, or 
                using personally owned firearms on Department of Defense 
                installations or property consistent with the Secretary 
                of Defense policy memorandum dated January 16, 2020, or 
                any successor policy guidance that restricts 
                transporting, possessing, storing, or using personally 
                owned firearms on Department of Defense installations or 
                property.
            (2) Effective date.--The security measures required under 
        paragraph (1) shall take effect on the date that is 181 days 
        after the date of the enactment of this Act.
            (3) Notification required.--Upon the establishment of the 
        security measures required under paragraph (1), the Secretary of 
        Defense shall submit to the Committees on Armed Services of the 
        Senate and House of Representatives notice of the establishment 
        of such security measures.

    (d) Reporting Requirements.--
            (1) Report.--Not later than two years after the date of the 
        enactment of this Act, the Secretary of Defense shall submit to 
        the appropriate congressional committees a report on the 
        implementation and effects of this section. Such report shall 
        include a description of--
                    (A) any positive or negative effects on the training 
                of foreign military students as a result of this 
                section;
                    (B) the effectiveness of the vetting procedures 
                implemented pursuant to this section in preventing harm 
                to members of the Armed Forces and United States 
                persons;
                    (C) any mitigation strategies used to address any 
                negative effects of the implementation of this section; 
                and
                    (D) a proposed plan to mitigate any ongoing negative 
                effects to the vetting and training of foreign military 
                students by the Department of Defense.
            (2) <<NOTE: Classified information.>>  Report by comptroller 
        general.--Not later than three years after the date of the 
        enactment of this Act, the Comptroller General of the United 
        States shall submit to the appropriate congressional committees 
        an unclassified report (which may contain a classified annex) on 
        the safety and security of United States personnel and 
        international students assigned to United States military bases 
        participating in programs authorized under chapter 5 of part II 
        of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.) 
        (relating to international military education and training), 
        particularly with respect to whether--
                    (A) relevant United States diplomatic and consular 
                personnel properly vet foreign personnel participating 
                in such programs and entering such bases;
                    (B) existing screening protocols with respect to 
                such vetting include counter-terrorism screening and are 
                sufficiently effective at ensuring the safety and 
                security of United States personnel and international 
                students assigned to such bases; and
                    (C) whether existing screening protocols with 
                respect to such vetting are in compliance with 
                applicable requirements of section 362 of title 10, 
                United States Code, and

[[Page 134 STAT. 3882]]

                sections 502B and 620M of the Foreign Assistance Act of 
                1961 (22 U.S.C. 2304 and 2378d).

    (e) Definitions.--In this section:
            (1) The term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Armed Services and the 
                Committee on Foreign Relations of the Senate; and
                    (B) the Committee on Armed Services and the 
                Committee on Foreign Affairs of the House of 
                Representatives.
            (2) The term ``covered individual'' means any foreign 
        national (except foreign nationals of Australia, Canada, New 
        Zealand, and the United Kingdom who have been granted a security 
        clearance that is reciprocally accepted by the United States for 
        access to classified information) who--
                    (A) is seeking physical access to a Department of 
                Defense installation or facility within the United 
                States; and
                    (B) is--
                          (i) selected, nominated, or accepted for 
                      training or education for a period of more than 14 
                      days occurring on a Department of Defense 
                      installation or facility within the United States; 
                      or
                          (ii) an immediate family member accompanying 
                      any foreign national who has been selected, 
                      nominated, or accepted for such training or 
                      education.
            (3) The term ``United States'' means the several States, the 
        District of Columbia, the Commonwealth of Puerto Rico, and Guam.
            (4) The term ``immediate family member'' with respect to any 
        individual means the parent, step-parent, spouse, sibling, step-
        sibling, half-sibling, child, or step-child of the individual.
SEC. 1091. <<NOTE: 10 USC 2302 note.>>  PERSONAL PROTECTIVE 
                          EQUIPMENT MATTERS.

    (a) Briefings on Fielding of Newest Generations of PPE to the Armed 
Forces.--
            (1) <<NOTE: Deadline.>>  Briefings required.--Not later than 
        January 31, 2021, each Secretary of a military department shall 
        submit to Congress a briefing on the fielding of the newest 
        generations of personal protective equipment to the Armed Forces 
        under the jurisdiction of such Secretary.
            (2) <<NOTE: Assessments.>>  Elements.--Each briefing under 
        paragraph (1) shall include, for each Armed Force covered by 
        such briefing, the following:
                    (A) A description and assessment of the fielding of 
                newest generations of personal protective equipment to 
                members of such Armed Force, including the following:
                          (i) The number (aggregated by total number and 
                      by sex) of members of such Armed Force issued the 
                      Army Soldiers Protective System and the Modular 
                      Scalable Vest Generation II body armor as of 
                      December 31, 2020.
                          (ii) The number (aggregated by total number 
                      and by sex) of members of such Armed Force issued 
                      Marine Corps Plate Carrier Generation III body 
                      armor as of that date.

[[Page 134 STAT. 3883]]

                          (iii) The number (aggregated by total number 
                      and by sex) of members of such Armed Force fitted 
                      with legacy personal protective equipment as of 
                      that date.
                    (B) A description and assessment of the barriers, if 
                any, to the fielding of such generations of equipment to 
                such members.
                    (C) A description and assessment of challenges in 
                the fielding of such generations of equipment to such 
                members, including cost overruns, contractor delays, and 
                other challenges.

    (b) System for Tracking Data on Injuries Among Members of the Armed 
Forces in Use of Newest Generation PPE.--
            (1) System required.--
                    (A) In general.--The Secretary of Defense shall 
                develop and maintain a system for tracking data on 
                injuries among members of the Armed Forces in and during 
                the use of newest generation personal protective 
                equipment.
                    (B) Scope of system.--The system required by this 
                paragraph may, at the election of the Secretary, be new 
                for purposes of this subsection or within or a 
                modification of an appropriate existing system.
            (2) <<NOTE: Deadline.>>  Briefing.--Not later than January 
        31, 2025, the Secretary shall submit to Congress a briefing on 
        the prevalence among members of the Armed Forces of preventable 
        injuries attributable to ill-fitting or malfunctioning personal 
        protective equipment.

    (c) Assessments of Members of the Armed Forces of Injuries Incurred 
in Connection With Ill-fitting or Malfunctioning PPE.--
            (1) In general.--Each health assessment specified in 
        paragraph (2) that is undertaken after the date of the enactment 
        of this Act shall include the following:
                    (A) One or more questions on whether members 
                incurred an injury in connection with ill-fitting or 
                malfunctioning personal protective equipment during the 
                period covered by such assessment, including the nature 
                of such injury.
                    (B) In the case of any member who has so incurred 
                such an injury, one or more elements of self-evaluation 
                of such injury by such member for purposes of 
                facilitating timely documentation and enhanced 
                monitoring of such members and injuries.
            (2) Assessments.--The health assessments specified in this 
        paragraph are the following:
                    (A) The annual Periodic Health Assessment of members 
                of the Armed Forces.
                    (B) The post-deployment health assessment of members 
                of the Armed Forces.

                  TITLE XI--CIVILIAN PERSONNEL MATTERS

                     Subtitle A--General Provisions

Sec. 1101. Department of Defense policy on unclassified workspaces and 
           job functions of personnel with pending security clearances.
Sec. 1102. Enhancement of public-private talent exchange programs in the 
           Department of Defense.

[[Page 134 STAT. 3884]]

Sec. 1103. Paid parental leave technical corrections.
Sec. 1104. Authority to provide travel and transportation allowances in 
           connection with transfer ceremonies of certain civilian 
           employees who die overseas.
Sec. 1105. One-year extension of authority to waive annual limitation on 
           premium pay and aggregate limitation on pay for Federal 
           civilian employees working overseas.
Sec. 1106. One-year extension of temporary authority to grant 
           allowances, benefits, and gratuities to civilian personnel on 
           official duty in a combat zone.
Sec. 1107. Civilian faculty at the Defense Security Cooperation 
           University and Institute of Security Governance.
Sec. 1108. Temporary authority to appoint retired members of the Armed 
           Forces to positions in the Department of Defense.
Sec. 1109. Fire fighters alternative work schedule demonstration project 
           for the Navy Region Mid-Atlantic Fire and Emergency Services.
Sec. 1110. Special rules for certain monthly workers' compensation 
           payments and other payments for Federal Government personnel 
           under chief of mission authority.
Sec. 1111. Temporary increase in limitation on accumulation of annual 
           leave for Executive branch employees.
Sec. 1112. Telework travel expenses program of the United States Patent 
           and Trademark Office.
Sec. 1113. Extension of rate of overtime pay authority for Department of 
           the Navy employees performing work aboard or dockside in 
           support of the nuclear-powered aircraft carrier forward 
           deployed in Japan.
Sec. 1114. Enhanced pay authority for certain acquisition and technology 
           positions in the Department of Defense.
Sec. 1115. Enhanced pay authority for certain research and technology 
           positions in the science and technology reinvention 
           laboratories of the Department of Defense.
Sec. 1116. Extension of enhanced appointment and compensation authority 
           for civilian personnel for care and treatment of wounded and 
           injured members of the armed forces.
Sec. 1117. Expansion of direct hire authority for certain Department of 
           Defense personnel to include installation military housing 
           office positions supervising privatized military housing.
Sec. 1118. Extension of sunset of inapplicability of certification of 
           executive qualifications by qualification certification 
           review board of office of personnel management for initial 
           appointments to senior executive service positions in 
           department of defense.
Sec. 1119. Pilot program on enhanced pay authority for certain high-
           level management positions in the Department of Defense.
Sec. 1120. Recruitment incentives for placement at remote locations.
Sec. 1121. Technical amendments regarding reimbursement of Federal, 
           State, and local income taxes incurred during travel, 
           transportation, and relocation.

 Subtitle B--Elijah E. Cummings Federal Employee Antidiscrimination Act 
                                 of 2020

Sec. 1131. Short title.
Sec. 1132. Sense of Congress.
Sec. 1133. Notification of violation.
Sec. 1134. Reporting requirements.
Sec. 1135. Data to be posted by employing Federal agencies.
Sec. 1136. Data to be posted by the Equal Employment Opportunity 
           Commission.
Sec. 1137. Notification and Federal Employee Antidiscrimination and 
           Retaliation Act of 2002 amendments.
Sec. 1138. Nondisclosure agreement limitation.

                     Subtitle A--General Provisions

SEC. 1101. <<NOTE: 10 USC 1564 note.>>  DEPARTMENT OF DEFENSE 
                          POLICY ON UNCLASSIFIED WORKSPACES AND 
                          JOB FUNCTIONS OF PERSONNEL WITH PENDING 
                          SECURITY CLEARANCES.

    (a) Policy Required.--The Secretary of Defense shall develop and 
implement a policy under which a covered individual may occupy a 
position within the Department of Defense that requires a security 
clearance to perform appropriate unclassified work, or work commensurate 
with a security clearance already held by the

[[Page 134 STAT. 3885]]

individual (which may include an interim security clearance), while such 
individual awaits a final determination with respect to the security 
clearance required for such position.
    (b) Unclassified Work Spaces.--As part of the policy under 
subsection (a), the Secretary of Defense shall--
            (1) ensure, to the extent practicable, that all facilities 
        of the Department of Defense at which covered individuals 
        perform job functions have unclassified workspaces; and
            (2) <<NOTE: Guidelines.>>  issue guidelines under which 
        appropriately screened individuals, who are not covered 
        individuals, may use the unclassified workspaces on a space-
        available basis.

    (c) Report.--Not later than one year after the date of enactment of 
this Act, the Secretary of Defense shall submit to the Committees on 
Armed Services of the Senate and the House of Representatives a report 
setting forth the policy required by subsection (a). The report shall 
include the following:
            (1) Identification of any challenges or impediments to 
        allowing covered individuals fill positions on a probationary 
        basis as described in subsection (a).
            (2) <<NOTE: Implementation plan.>>  A plan for implementing 
        the policy.
            (3) A description of how existing facilities may be modified 
        to accommodate unclassified workspaces.
            (4) Identification of impediments to making unclassified 
        workspace available.

    (d) Covered Individual Defined.--In this section, the term ``covered 
individual'' includes a member of the Armed Forces, a civilian employee 
of the Department of Defense, or an applicant for a civilian position 
within the Department of Defense, who has applied for, but who has not 
yet received, a security clearance that is required for the individual 
to perform one or more job functions.
SEC. 1102. ENHANCEMENT OF PUBLIC-PRIVATE TALENT EXCHANGE PROGRAMS 
                          IN THE DEPARTMENT OF DEFENSE.

    (a) Public-private Talent Exchange.--Section 1599g of title 10, 
United States Code, is amended--
            (1) in subsection (b)(1), by amending subparagraph (C) to 
        read as follows:
                    ``(C) shall contain language ensuring that such 
                employee of the Department does not improperly use 
                information that such employee knows relates to a 
                Department acquisition or procurement for the benefit or 
                advantage of the private-sector organization.''; and
            (2) by amending paragraph (4) of subsection (f) to read as 
        follows:
            ``(4) may not perform work that is considered inherently 
        governmental in nature; and''.

    (b) <<NOTE: Deadline. 10 USC 1599g note.>>  Application of Exchange 
Authority to Modernization Priorities.--Not later than 90 days after the 
date of the enactment of this Act, the Secretary of Defense shall take 
steps to ensure that the authority of the Secretary to carry out a 
public-private talent exchange program under section 1599g of title 10, 
United States Code (as amended by subsection (a)), is used to--
            (1) carry out exchanges of personnel with private sector 
        entities that are working on the modernization priorities of the 
        Department of Defense; and
            (2) carry out exchanges in--

[[Page 134 STAT. 3886]]

                    (A) the office of the Under Secretary of Defense for 
                Research and Engineering;
                    (B) the office of the Chief Information Officer of 
                the Department of Defense;
                    (C) each Armed Force under the jurisdiction of the 
                Secretary of a military department; and
                    (D) any other organizations or elements of the 
                Department of Defense the Secretary determines 
                appropriate.

    (c) Conflicts of Interest.--The Secretary shall implement a system 
to identify, mitigate, and manage any conflicts of interests that may 
arise as a result of an individual's participation in a public-private 
talent exchange under section 1599g of title 10, United States Code.
    (d) <<NOTE: Consultation.>>  Treatment of Program Participants.--The 
Secretary of Defense, in consultation with each Secretary of a military 
department, shall develop practices to ensure that participation by a 
member of an Armed Force under the jurisdiction of the Secretary of a 
military department in an public-private talent exchange under section 
1599g of title 10, United States Code, is taken into consideration in 
subsequent assignments.

    (e) Briefing on Use of Existing Exchange Program Authority.--
            (1) <<NOTE: Deadline. Time period.>>  In general.--Not later 
        than 180 days after the date of the enactment of this Act, and 
        annually thereafter for 5 years, the Secretary of Defense shall 
        provide to the Committees on Armed Services of the Senate and 
        the House of Representatives a briefing on the efforts 
        undertaken--
                    (A) to implement the public-private exchange 
                programs of the Department of Defense; and
                    (B) to ensure that such programs seek opportunities 
                for exchanges with private sector entities working on 
                modernization priorities of the Department of Defense, 
                including artificial intelligence applications, in 
                accordance with the requirements of this section.
            (2) Elements.--Each briefing under paragraph (1) shall 
        include an explanation of--
                    (A) what barriers may prevent supervisors from 
                nominating their staff and encouraging participation in 
                public-private exchange programs;
                    (B) how the Department can incentivize senior 
                leaders and supervisors to encourage participation in 
                such programs;
                    (C) how the Department is implementing the 
                requirment of subsection (c) relating to conflicts of 
                interest; and
                    (D) what, if any, statutory changes or authorities 
                are needed to effectively carry out such programs.
SEC. 1103. <<NOTE: Paid Parental Leave Technical Corrections Act 
                          of 2020. 2 USC 1301 note.>>  PAID 
                          PARENTAL LEAVE TECHNICAL CORRECTIONS.

    (a) Short Title.--This section may be cited as the ``Paid Parental 
Leave Technical Corrections Act of 2020''.
    (b) Paid Parental Leave for Employees of District of Columbia Courts 
and District of Columbia Public Defender Service.--
            (1) District of columbia courts.--Section 11-1726, District 
        of Columbia Official Code, is amended by adding at the end the 
        following new subsection:

[[Page 134 STAT. 3887]]

    ``(d) In carrying out the Family and Medical Leave Act of 1993 (29 
U.S.C. 2601 et seq.) with respect to nonjudicial employees of the 
District of Columbia courts, the Joint Committee on Judicial 
Administration shall, notwithstanding any provision of such Act, 
establish a paid parental leave program for the leave described in 
subparagraphs (A) and (B) of section 102(a)(1) of such Act (29 U.S.C. 
2612(a)(1)) (relating to leave provided in connection with the birth of 
a child or a placement of a child for adoption or foster care). In 
developing the terms and conditions for this program, the Joint 
Committee may be guided by the terms and conditions applicable to the 
provision of paid parental leave for employees of the Federal Government 
under chapter 63 of title 5, United States Code, and any corresponding 
regulations.''.
            (2) District of columbia public defender service.--Section 
        305 of the District of Columbia Court Reform and Criminal 
        Procedure Act of 1970 (section 2-1605, D.C. Official Code) is 
        amended by adding at the end the following new subsection:

    ``(d) In carrying out the Family and Medical Leave Act of 1993 (29 
U.S.C. 2601 et seq.) with respect to employees of the Service, the 
Director shall, notwithstanding any provision of such Act, establish a 
paid parental leave program for the leave described in subparagraphs (A) 
and (B) of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1)) 
(relating to leave provided in connection with the birth of a child or 
the placement of a child for adoption or foster care). In developing the 
terms and conditions for this program, the Director may be guided by the 
terms and conditions applicable to the provision of paid parental leave 
for employees of the Federal Government under chapter 63 of title 5, 
United States Code, and any corresponding regulations.''.
    (c) FAA and TSA.--
            (1) In general.--Section 40122(g) of title 49, United States 
        Code, is amended--
                    (A) by redesignating paragraph (5) as paragraph (6); 
                and
                    (B) by inserting after paragraph (4) the following:
            ``(5) Paid parental leave.--The Administrator shall 
        implement a paid parental leave benefit for employees of the 
        Administration that is, at a minimum, consistent with the paid 
        parental leave benefits provided under section 6382 of title 
        5.''.
            (2) <<NOTE: Applicability. 49 USC 40122 note.>>  Effective 
        date.--The amendments made by paragraph (1) shall apply with 
        respect to any birth or placement occurring on or after October 
        1, 2020.
            (3) <<NOTE: 49 USC 40122 note.>>  Rule of construction.--
        Nothing in this subsection, or any amendment made by this 
        subsection, may be construed to affect leave provided to an 
        employee of the Transportation Security Administration before 
        October 1, 2020.

    (d) Title 38 Employees.--
            (1) In general.--Section 7425 of title 38, United States 
        Code, is amended--
                    (A) in subsection (b), by striking 
                ``Notwithstanding'' and inserting ``Except as provided 
                in subsection (c), and notwithstanding''; and
                    (B) by adding at the end the following:

    ``(c) Notwithstanding any other provision of this subchapter, the 
Administration shall provide to individuals appointed to any

[[Page 134 STAT. 3888]]

position described in section 7421(b) who are employed for compensation 
by the Administration, family and medical leave in the same manner and 
subject to the same limitations to the maximum extent practicable, as 
family and medical leave is provided under subchapter V of chapter 63 of 
title 5 to employees, as defined in section 6381(1) of such title.''.
            (2) <<NOTE: 38 USC 7425 note.>>  Applicability.--The 
        amendments made by paragraph (1) shall apply with respect to any 
        event for which leave may be taken under subchapter V of chapter 
        63 of title 5, United States Code, occurring on or after October 
        1, 2020.

    (e) Employees of Executive Office of the President.--
            (1) In general.--Section 412 of title 3, United States Code, 
        is amended--
                    (A) in subsection (a), by adding at the end the 
                following:
            ``(3) Exception.--Notwithstanding section 401(b)(2), the 
        requirements of paragraph (2)(B) shall not apply with respect to 
        leave under subparagraph (A) or (B) of section 102(a)(1) of the 
        Family and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)).'';
                    (B) by redesignating subsections (c) and (d) as 
                subsections (d) and (e), respectively;
                    (C) by inserting after subsection (b) the following:

    ``(c) Special Rules for Substitution of Paid Leave.--
            ``(1) Substitution of paid leave.--A covered employee may 
        elect to substitute for any leave without pay under subparagraph 
        (A) or (B) of section 102(a)(1) of the Family and Medical Leave 
        Act of 1993 (29 U.S.C. 2612(a)(1)) any paid leave which is 
        available to such employee for that purpose.
            ``(2) Available leave.--The paid leave that is available to 
        a covered employee for purposes of paragraph (1) is leave of the 
        type and in the amount available to an employee under section 
        6382(d)(2)(B) of title 5, United States Code, for substitution 
        for leave without pay under subparagraph (A) or (B) of section 
        6382(a)(1) of such title.
            ``(3) Consistency with title 5.--Paid leave shall be 
        substituted under this subsection in a manner that is consistent 
        with the requirements in section 6382(d)(2) of title 5, United 
        States Code, except that a reference in that section to an 
        employing agency shall be considered to be a reference to an 
        employing office, and subparagraph (E) of that section shall not 
        apply.'';
                    (D) in paragraph (2) of subsection (d), as 
                redesignated by subparagraph (B)--
                          (i) in subparagraph (A), by striking ``and'' 
                      at the end of the subparagraph;
                          (ii) in subparagraph (B) by striking the 
                      period at the end and inserting ``; and''; and
                          (iii) by adding at the end the following:
                    ``(C) except that the President or designee shall 
                issue regulations to implement subsection (c) in 
                accordance with the requirements of that subsection.''; 
                and
                    (E) in paragraph (1) of subsection (e), as 
                redesignated by subparagraph (B), by inserting after 
                ``subsection (c)'' the following: ``(as in effect on the 
                date of enactment of the Presidential and Executive 
                Office Accountability Act)''.

[[Page 134 STAT. 3889]]

            (2) <<NOTE: 3 USC 412 note.>>  Applicability.--The 
        amendments made by this subsection shall apply with respect to 
        any birth or placement occurring on or after October 1, 2020.

    (f) Amendments to Title 5 Family and Medical Leave Act Provisions.--
Chapter 63 of title 5, United States Code, is amended--
            (1) in section 6301(2), by amending clause (v) to read as 
        follows:
                          ``(v) an employee of the Veterans Health 
                      Administration who is covered by a leave system 
                      established under section 7421 of title 38;'';
            (2) in section 6381(1)--
                    (A) in subparagraph (A), by striking ``(v) or''; and
                    (B) by amending subparagraph (B) to read as follows:
                    ``(B) has completed at least 12 months of service as 
                an employee (as defined in section 2105) of the 
                Government of the United States, including service with 
                the United States Postal Service, the Postal Regulatory 
                Commission, and a nonappropriated fund instrumentality 
                as described in section 2105(c);''; and
            (3) in section 6382(d)--
                    (A) in paragraph (1), by striking ``under subchapter 
                I'' in each place it appears; and
                    (B) in paragraph (2)(B)(ii), by striking ``under 
                subchapter I''.

    (g) Amendment to Congressional Accountability Act of 1995.--
            (1) In general.--Section 202(d)(2)(B) of the Congressional 
        Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as amended 
        by section 7603 of the National Defense Authorization Act for 
        Fiscal Year 2020 (Public Law 116-92), is amended by inserting 
        ``accrued'' before ``sick leave''.
            (2) <<NOTE: 2 USC 1312 note.>>  Effective date.--The 
        amendment made by this subsection shall apply with respect to 
        any event for which leave may be taken under subparagraph (A) or 
        (B) of section 102(a)(1) of the Family and Medical Leave Act of 
        1995 (29 U.S.C. 2612(a)(1)) and occurring on or after October 1, 
        2020.
SEC. 1104. AUTHORITY TO PROVIDE TRAVEL AND TRANSPORTATION 
                          ALLOWANCES IN CONNECTION WITH TRANSFER 
                          CEREMONIES OF CERTAIN CIVILIAN EMPLOYEES 
                          WHO DIE OVERSEAS.

    (a) Travel and Transportation Allowances.--
            (1) In general.--Subchapter II of chapter 75 of title 10, 
        United States Code, is amended by adding at the end the 
        following new section:
``Sec. 1492. <<NOTE: 10 USC 1492.>>  Authority to provide travel 
                  and transportation allowances in connection with 
                  transfer ceremonies of certain civilian 
                  employees who die overseas

    ``(a) Authority.--A covered official may treat a covered relative of 
a covered employee under the jurisdiction of that covered official in 
the same manner the Secretary of a military department treats, under 
section 481f(d) of title 37, next of kin and family members of a member 
of the armed forces who dies while located or serving overseas.
    ``(b) Definitions.--In this section:

[[Page 134 STAT. 3890]]

            ``(1) The term `covered employee' means a civilian 
        employee--
                    ``(A) under the jurisdiction of a covered official; 
                and
                    ``(B) who dies while located or serving overseas.
            ``(2) The term `covered official' means--
                    ``(A) the Secretary of the military department 
                concerned; and
                    ``(B) the head of a Defense Agency or Department of 
                Defense Field Activity.
            ``(3) The term `covered relative' means--
                    ``(A) the primary next of kin of the covered 
                employee;
                    ``(B) two family members (other than primary next of 
                kin) of the covered employee; and
                    ``(C) one or more additional family members of the 
                covered employee, at the discretion of the Secretary a 
                sibling of the covered employee.''.
            (2) <<NOTE: 10 USC 1475 prec.>>  Clerical amendment.--The 
        table of contents at the beginning of such subchapter is amended 
        by adding at the end the following new item:

``1492. Authority to provide travel and transportation allowances in 
           connection with transfer ceremonies of certain civilian 
           employees who die overseas.''.

    (b) Technical Amendments.--Section 481f(d) of title 37, United 
States Code, is amended--
            (1) in the subsection heading, by striking ``Transportation 
        To'' and inserting ``Travel And Transportation Allowances In 
        Connection With''; and
            (2) in paragraph (1) in the matter preceding subparagraph 
        (A), by striking ``transportation to'' and inserting ``travel 
        and transportation allowances in connection with''.
SEC. 1105. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL 
                          LIMITATION ON PREMIUM PAY AND AGGREGATE 
                          LIMITATION ON PAY FOR FEDERAL CIVILIAN 
                          EMPLOYEES WORKING OVERSEAS.

    Subsection (a) of section 1101 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4615), as most recently amended by section 1105 of the National Defense 
Authorization Act for Fiscal Year 2020 (Public Law 116-92), is further 
amended by striking ``through 2020'' and inserting ``through 2021''.
SEC. 1106. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT 
                          ALLOWANCES, BENEFITS, AND GRATUITIES TO 
                          CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A 
                          COMBAT ZONE.

    Paragraph (2) of section 1603(a) of the Emergency Supplemental 
Appropriations Act for Defense, the Global War on Terror, and Hurricane 
Recovery, 2006 (Public Law 109-234; 120 Stat. 443), as added by section 
1102 of the Duncan Hunter National Defense Authorization Act for Fiscal 
Year 2009 (Public Law 110-417; 122 Stat. 4616) and as most recently 
amended by section 1104 of the National Defense Authorization Act for 
Fiscal Year 2020 (Public Law 116-92), is further amended by striking 
``2021'' and inserting ``2022''.

[[Page 134 STAT. 3891]]

SEC. 1107. CIVILIAN FACULTY AT THE DEFENSE SECURITY COOPERATION 
                          UNIVERSITY AND INSTITUTE OF SECURITY 
                          GOVERNANCE.

    Section 1595(c) of title 10, United States Code, is amended by 
adding at the end the following:
            ``(6) The Defense Security Cooperation University.
            ``(7) The Defense Institute for Security Governance.''.
SEC. 1108. <<NOTE: 10 USC 1580 note prec.>>  TEMPORARY AUTHORITY 
                          TO APPOINT RETIRED MEMBERS OF THE ARMED 
                          FORCES TO POSITIONS IN THE DEPARTMENT OF 
                          DEFENSE.

    (a) In General.--Notwithstanding the requirements of section 3326 of 
title 5, United States Code, the Secretary of Defense may appoint 
retired members of the Armed Forces to positions in the Department of 
Defense described in subsection (b).
    (b) Positions.--
            (1) In general.--The positions in the Department described 
        in this subsection are positions classified at or below GS-13 
        under the General Schedule under subchapter III of chapter 53 of 
        title 5, United States Code, or an equivalent level under 
        another wage system, in the competitive service--
                    (A) at any defense industrial base facility (as that 
                term is defined in section 2208(u)(3) of title 10, 
                United States Code) that is part of the core logistics 
                capabilities (as described in section 2464(a) of such 
                title); and
                    (B) that have been certified by the Secretary of the 
                military department concerned as lacking sufficient 
                numbers of potential applicants.
            (2) Limitation on delegation of certification.--The 
        Secretary of a military department may not delegate the 
        authority to make a certification described in paragraph (1)(B) 
        to an individual in a grade lower than colonel, captain in the 
        Navy, or an equivalent grade in the Space Force, or an 
        individual with an equivalent civilian grade.

    (c) Report.--Not later than two years after the date of enactment of 
this Act, the Secretary of Defense shall submit to the congressional 
defense committees a report on this section and the authority provided 
by this section. The report shall include the following:
            (1) A description of the use of such authority, including 
        the positions to which appointments are authorized to be made 
        under such authority and the number of retired members appointed 
        to each such position under such authority.
            (2) Any other matters in connection with such section or 
        such authority that the Secretary considers appropriate.

    (d) Sunset.--Effective on the date that is 3 years after the date of 
enactment of this Act, the authority provided under subsection (a) shall 
expire.
    (e) Definitions.--In this section, the terms ``member'' and 
``Secretary concerned'' have the meaning given those terms in section 
101 of title 37, United States Code.
SEC. 1109. <<NOTE: 10 USC 8013 note.>>  FIRE FIGHTERS ALTERNATIVE 
                          WORK SCHEDULE DEMONSTRATION PROJECT FOR 
                          THE NAVY REGION MID-ATLANTIC FIRE AND 
                          EMERGENCY SERVICES.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 180 days after 
the date of the enactment of this Act, the Commander, Navy Region Mid-

[[Page 134 STAT. 3892]]

Atlantic, shall establish and carry out, for a period of not less than 
five years, a Fire Fighters Alternative Work Schedule demonstration 
project for the Navy Region Mid-Atlantic Fire and Emergency Services. 
Such demonstration project shall provide, with respect to each employee 
of the Navy Region Mid-Atlantic Fire and Emergency Services, that--
            (1) assignments to tours of duty are scheduled in advance 
        over periods of not less than two weeks;
            (2) tours of duty are scheduled using a regularly recurring 
        pattern of 48-hour shifts followed by 48 or 72 consecutive non-
        work hours, as determined by mutual agreement between the 
        Commander, Navy Region Mid-Atlantic, and the exclusive employee 
        representative at each Navy Region Mid-Atlantic installation, in 
        such a manner that each employee is regularly scheduled for 144-
        hours in any two-week period;
            (3) for any such employee that is a fire fighter working an 
        alternative work schedule, such employee shall earn overtime 
        compensation in a manner consistent with other applicable law 
        and regulation;
            (4) no right shall be established to any form of premium 
        pay, including night, Sunday, holiday, or hazard duty pay; and
            (5) leave accrual and use shall be consistent with other 
        applicable law and regulation.

    (b) Report.--Not later than 180 days after the date on which the 
demonstration project under this section terminates, the Commander, Navy 
Region Mid-Atlantic, shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report detailing--
            (1) any financial savings or expenses directly and 
        inseparably linked to the demonstration project;
            (2) any intangible quality of life and morale improvements 
        achieved by the demonstration project; and
            (3) any adverse impact of the demonstration project 
        occurring solely as the result of the transition to the 
        demonstration project.
SEC. 1110. SPECIAL RULES FOR CERTAIN MONTHLY WORKERS' COMPENSATION 
                          PAYMENTS AND OTHER PAYMENTS FOR FEDERAL 
                          GOVERNMENT PERSONNEL UNDER CHIEF OF 
                          MISSION AUTHORITY.

    Section 901 of title IX of division J of the Further Consolidated 
Appropriations Act, 2020 (Public Law 116-94; 22 U.S.C. 2680b) is 
amended--
            (1) in subsection (a), by inserting ``or the head of any 
        other Federal agency'' after ``The Secretary of State'';
            (2) in subsection (c), by striking ``and the Secretary of 
        State'' and inserting ``, the Secretary of State, and, as 
        appropriate, the head of any other Federal agency paying 
        benefits under this section'';
            (3) in subsection (e)(2)--
                    (A) by striking ``the Department of State'' and 
                inserting ``the Federal Government''; and
                    (B) by inserting after ``subsection (f)'' the 
                following: ``, but does not include an individual 
                receiving compensation under section 19A of the Central 
                Intelligence Agency Act of 1949 (50 U.S.C. 3519b)''; and

[[Page 134 STAT. 3893]]

            (4) in subsection (h)(2), by striking the first sentence and 
        inserting the following: ``Nothing in this section shall limit, 
        modify, or otherwise supersede chapter 81 of title 5, United 
        States Code, the Defense Base Act (42 U.S.C. 1651 et seq.), or 
        section 19A of the Central Intelligence Agency Act of 1949 (50 
        U.S.C. 3519b).''.
SEC. 1111. <<NOTE: 5 USC 6304 note.>>  TEMPORARY INCREASE IN 
                          LIMITATION ON ACCUMULATION OF ANNUAL 
                          LEAVE FOR EXECUTIVE BRANCH EMPLOYEES.

    (a) In General.--At the discretion of the Director of the Office of 
Personnel Management, annual leave provided to an Executive branch 
employee may accumulate for use in leave year 2021 in an amount equal to 
125% of the maximum amount of annual leave permitted, but for this 
subsection, to accumulate for use in that leave year under the leave 
system covering such employee.
    (b) Exclusion From Lump-sum Payment.--Any annual leave accumulated 
pursuant to subsection (a) in excess of the maximum amount of annual 
leave permitted, but for this section, to accumulate for use in 
succeeding years shall not be included in any lump-sum payment for leave 
to an individual, including any lump-sum payment under section 5551 or 
5552 of title 5, United States Code.
    (c) Definitions.--In this section--
            (1) the term ``agency'' means each agency, office, or other 
        establishment in the executive branch of the Federal Government; 
        and
            (2) the term ``Executive branch employee''--
                    (A) means--
                          (i) an employee of an agency;
                          (ii) an employee appointed under chapter 74 of 
                      title 38, United States Code, notwithstanding 
                      section 7421(a), section 7425(b), or any other 
                      provision of chapter 74 of such title; and
                          (iii) any other individual occupying a 
                      position in the civil service (as that term is 
                      defined in section 2101(1) of title 5, United 
                      States Code) in the executive branch of the 
                      Federal Government; and
                    (B) does not include any individual occupying a 
                position that is classified at or above the level of a 
                Senior Executive Service position or the equivalent 
                thereof.
SEC. 1112. TELEWORK TRAVEL EXPENSES PROGRAM OF THE UNITED STATES 
                          PATENT AND TRADEMARK OFFICE.

    (a) In General.--Section 5711 of title 5, United States Code, is 
amended--
            (1) in the section heading, by striking ``test'';
            (2) in subsection (f)--
                    (A) in paragraph (1)--
                          (i) in the matter preceding subparagraph (A), 
                      by striking ``committee'' and inserting 
                      ``committees''; and
                          (ii) in subparagraph (B), by striking 
                      ``Government'';
                    (B) in paragraph (2)--
                          (i) by striking ``test''; and
                          (ii) by striking ``section, including the 
                      provision of reports in accordance with subsection 
                      (d)(1)'' and inserting ``subsection'';
                    (C) in paragraph (4)(B), in the matter preceding 
                clause (i), by inserting ``and maintain'' after 
                ``develop''; and
                    (D) in paragraph (5)--

[[Page 134 STAT. 3894]]

                          (i) in subparagraph (A), by striking ``test''; 
                      and
                          (ii) by striking subparagraph (B) and 
                      inserting the following:
                    ``(B) The Director of the Patent and Trademark 
                Office shall prepare and submit to the appropriate 
                committees of Congress an annual report on the operation 
                of the program under this subsection, which shall 
                include--
                          ``(i) the costs and benefits of the program; 
                      and
                          ``(ii) an analysis of the effectiveness of the 
                      program, as determined under criteria developed by 
                      the Director.''; and
            (3) in subsection (g), by striking ``this section'' and 
        inserting ``subsection (b)''.

    (b) Technical and Conforming Amendments.--The table of sections for 
subchapter I of chapter 57 of title 5, United States Code, <<NOTE: 5 USC 
5701 prec.>>  is amended by striking the item relating to section 5711 
and inserting the following:

``5711. Authority for telework travel expenses programs.''.

SEC. 1113. EXTENSION OF RATE OF OVERTIME PAY AUTHORITY FOR 
                          DEPARTMENT OF THE NAVY EMPLOYEES 
                          PERFORMING WORK ABOARD OR DOCKSIDE IN 
                          SUPPORT OF THE NUCLEAR-POWERED AIRCRAFT 
                          CARRIER FORWARD DEPLOYED IN JAPAN.

    Section 5542(a)(6)(B) of title 5, United States Code, is amended by 
striking ``September 30, 2021'' and inserting ``September 30, 2026''.
SEC. 1114. ENHANCED PAY AUTHORITY FOR CERTAIN ACQUISITION AND 
                          TECHNOLOGY POSITIONS IN THE DEPARTMENT 
                          OF DEFENSE.

    (a) In General.--Subchapter I of chapter 87 of title 10, United 
States Code, is amended by inserting after section 1701a the following 
new section:
``Sec. 1701b. <<NOTE: 10 USC 1701b.>>  Enhanced pay authority for 
                    certain acquisition and technology positions

    ``(a) In General.--The Secretary of Defense may carry out a program 
using the pay authority specified in subsection (d) to fix the rate of 
basic pay for positions described in subsection (c) in order to assist 
the Office of the Secretary of Defense and the military departments in 
attracting and retaining high-quality acquisition and technology experts 
in positions responsible for managing and developing complex, high-cost, 
technological acquisition efforts of the Department of Defense.
    ``(b) Approval Required.--The program may be carried out only with 
approval as follows:
            ``(1) Approval of the Under Secretary of Defense for 
        Acquisition and Sustainment, in the case of positions in the 
        Office of the Secretary of Defense.
            ``(2) Approval of the service acquisition executive of the 
        military department concerned, in the case of positions in a 
        military department.

    ``(c) Positions.--The positions described in this subsection are 
positions that--
            ``(1) require expertise of an extremely high level in a 
        scientific, technical, professional, or acquisition management 
        field; and

[[Page 134 STAT. 3895]]

            ``(2) are critical to the successful accomplishment of an 
        important acquisition or technology development mission.

    ``(d) Rate of Basic Pay.--The pay authority specified in this 
subsection is authority as follows:
            ``(1) Authority to fix the rate of basic pay for a position 
        at a rate not to exceed 150 percent of the rate of basic pay 
        payable for level I of the Executive Schedule, upon the approval 
        of the Under Secretary of Defense for Acquisition and 
        Sustainment or the service acquisition executive concerned, as 
        applicable.
            ``(2) Authority to fix the rate of basic pay for a position 
        at a rate in excess of 150 percent of the rate of basic pay 
        payable for level I of the Executive Schedule, upon the approval 
        of the Secretary of Defense.

    ``(e) Limitations.--
            ``(1) In general.--The authority in subsection (a) may be 
        used only to the extent necessary to competitively recruit or 
        retain individuals exceptionally well qualified for positions 
        described in subsection (c).
            ``(2) Number of positions.--The authority in subsection (a) 
        may not be used with respect to more than five positions in the 
        Office of the Secretary of Defense and more than five positions 
        in each military department at any one time.
            ``(3) Term of positions.--The authority in subsection (a) 
        may be used only for positions having terms less than five 
        years.''.

    (b) <<NOTE: 10 USC 1701 prec.>>  Clerical Amendment.--The table of 
sections at the beginning of subchapter I of chapter 87 of such title is 
amended by inserting after the item relating to section 1701a the 
following new item:

``1701b. Enhanced pay authority for certain acquisition and technology 
           positions.''.

    (c) Repeal of Pilot Program.--
            (1) In general.--Section 1111 of the National Defense 
        Authorization Act for Fiscal Year 2016 (10 U.S.C. 1701 note) is 
        repealed.
            (2) <<NOTE: 10 USC 1701 note.>>  Continuation of pay.--The 
        repeal in paragraph (1) shall not be interpreted to prohibit the 
        payment of basic pay at rates fixed under such section 1111 
        before the date of the enactment of this Act for positions 
        having terms that continue after that date.
SEC. 1115. ENHANCED PAY AUTHORITY FOR CERTAIN RESEARCH AND 
                          TECHNOLOGY POSITIONS IN THE SCIENCE AND 
                          TECHNOLOGY REINVENTION LABORATORIES OF 
                          THE DEPARTMENT OF DEFENSE.

    (a) In General.--Chapter 139 of title 10, United States Code, is 
amended by inserting after section 2358b the following new section:
``Sec. 2358c. <<NOTE: 10 USC 2358c.>>  Enhanced pay authority for 
                    certain research and technology positions in 
                    science and technology reinvention 
                    laboratories

    ``(a) In General.--The Secretary of Defense may carry out a program 
using the pay authority specified in subsection (d) to fix the rate of 
basic pay for positions described in subsection (c) in order to assist 
the military departments in attracting and

[[Page 134 STAT. 3896]]

retaining high quality acquisition and technology experts in positions 
responsible for managing and performing complex, high-cost research and 
technology development efforts in the science and technology reinvention 
laboratories of the Department of Defense.
    ``(b) Approval Required.--The program may be carried out in a 
military department only with the approval of the service acquisition 
executive of the military department concerned.
    ``(c) Positions.--The positions described in this subsection are 
positions in the science and technology reinvention laboratories of the 
Department of Defense that--
            ``(1) require expertise of an extremely high level in a 
        scientific, technical, professional, or acquisition management 
        field; and
            ``(2) are critical to the successful accomplishment of an 
        important research or technology development mission.

    ``(d) Rate of Basic Pay.--The pay authority specified in this 
subsection is authority as follows:
            ``(1) Authority to fix the rate of basic pay for a position 
        at a rate not to exceed 150 percent of the rate of basic pay 
        payable for level I of the Executive Schedule, upon the approval 
        of the service acquisition executive concerned.
            ``(2) Authority to fix the rate of basic pay for a position 
        at a rate in excess of 150 percent of the rate of basic pay 
        payable for level I of the Executive Schedule, upon the approval 
        of the Secretary of the military department concerned.

    ``(e) Limitations.--
            ``(1) In general.--The authority in subsection (a) may be 
        used only to the extent necessary to competitively recruit or 
        retain individuals exceptionally well qualified for positions 
        described in subsection (c).
            ``(2) Number of positions.--The authority in subsection (a) 
        may not be used with respect to more than five positions in each 
        military department at any one time.
            ``(3) Term of positions.--The authority in subsection (a) 
        may be used only for positions having a term of less than five 
        years.

    ``(f) Science and Technology Reinvention Laboratories of the 
Department of Defense Defined.--In this section, the term `science and 
technology reinvention laboratories of the Department of Defense' means 
the laboratories designated as science and technology reinvention 
laboratories by section 1105(a) of the National Defense Authorization 
Act for Fiscal Year 2010 (10 U.S.C. 2358 note).''.
    (b) <<NOTE: 10 USC 2351 prec.>>  Clerical Amendment.--The table of 
sections at the beginning of chapter 139 of such title is amended by 
inserting after the item relating to section 2358b the following new 
item:

``2358c. Enhanced pay authority for certain research and technology 
           positions in science and technology reinvention 
           laboratories.''.

    (c) Repeal of Pilot Program.--
            (1) In general.--Section 1124 of the National Defense 
        Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 
        Stat. 2456; 10 U.S.C. 2358 note) is repealed.
            (2) <<NOTE: 10 USC 2358 note.>>  Continuation of pay.--The 
        repeal in paragraph (1) shall not be interpreted to prohibit the 
        payment of basic pay at rates fixed under such section 1124 
        before the date of the enactment of this Act for positions 
        having terms that continue after that date.

[[Page 134 STAT. 3897]]

SEC. 1116. EXTENSION OF ENHANCED APPOINTMENT AND COMPENSATION 
                          AUTHORITY FOR CIVILIAN PERSONNEL FOR 
                          CARE AND TREATMENT OF WOUNDED AND 
                          INJURED MEMBERS OF THE ARMED FORCES.

    Section 1599c(b) of title 10, United States Code, is amended by 
striking ``December 31, 2020'' both places it appears and inserting 
``December 31, 2025''.
SEC. 1117. EXPANSION OF DIRECT HIRE AUTHORITY FOR CERTAIN 
                          DEPARTMENT OF DEFENSE PERSONNEL TO 
                          INCLUDE INSTALLATION MILITARY HOUSING 
                          OFFICE POSITIONS SUPERVISING PRIVATIZED 
                          MILITARY HOUSING.

    Section 9905(a) of title 5, United States Code, is amended by adding 
at the end the following new paragraph:
            ``(11) Any position in the military housing office of a 
        military installation whose primary function is supervision of 
        military housing covered by subchapter IV of chapter 169 of 
        title 10.''.
SEC. 1118. EXTENSION OF SUNSET OF INAPPLICABILITY OF CERTIFICATION 
                          OF EXECUTIVE QUALIFICATIONS BY 
                          QUALIFICATION CERTIFICATION REVIEW BOARD 
                          OF OFFICE OF PERSONNEL MANAGEMENT FOR 
                          INITIAL APPOINTMENTS TO SENIOR EXECUTIVE 
                          SERVICE POSITIONS IN DEPARTMENT OF 
                          DEFENSE.

    Section 1109(e) of the John S. McCain National Defense Authorization 
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2010; 5 U.S.C. 
3393 note) is amended by striking ``on the date'' and all that follows 
and inserting ``on August 13, 2023''.
SEC. 1119. <<NOTE: 10 USC 1580 note prec.>>  PILOT PROGRAM ON 
                          ENHANCED PAY AUTHORITY FOR CERTAIN HIGH-
                          LEVEL MANAGEMENT POSITIONS IN THE 
                          DEPARTMENT OF DEFENSE.

    (a) Pilot Program Authorized.--The Secretary of Defense may carry 
out a pilot program to assess the feasibility and advisability of using 
the pay authority specified in subsection (d) to fix the rate of basic 
pay for positions described in subsection (c) in order to assist the 
Department of Defense in attracting and retaining personnel with 
significant experience in high-level management of complex organizations 
and enterprise functions in order to lead implementation by the 
Department of the National Defense Strategy.
    (b) Approval Required.--The pilot program may be carried out only 
with approval as follows:
            (1) Approval of the Deputy Secretary of Defense, in the case 
        of a position not under the authority, direction, and control of 
        an Under Secretary of Defense and not under the authority, 
        direction, and control of the Under Secretary of a military 
        department.
            (2) Approval of the applicable Under Secretary of Defense, 
        in the case of a position under the authority, direction, and 
        control of an Under Secretary of Defense.
            (3) Approval of the Under Secretary or an Assistant 
        Secretary of the military department concerned, in the case of a 
        position in a military department.

[[Page 134 STAT. 3898]]

    (c) Positions.--The positions described in this subsection are 
positions that require expertise of an extremely high level in 
innovative leadership and management of enterprise-wide business 
operations, including financial management, health care, supply chain 
and logistics, information technology, real property stewardship, and 
human resources, across a large and complex organization.
    (d) Rate of Basic Pay.--Without regard to the basic pay authorities 
in sections 5376, 5382, 5383 and 9903 of title 5, United States Code, 
the pay authority specified in this subsection is authority as follows:
            (1) Authority to fix the rate of basic pay for a position at 
        a rate not to exceed 150 percent of the rate of basic pay 
        payable for level I of the Executive Schedule, upon the approval 
        of the applicable official under subsection (b).
            (2) Authority to fix the rate of basic pay for a position at 
        a rate in excess of 150 percent of the rate of basic pay payable 
        for level I of the Executive Schedule, upon the approval of the 
        Secretary of Defense.

    (e) Limitations.--
            (1) In general.--The authority in subsection (a) may be used 
        only to the extent necessary to competitively recruit or retain 
        individuals exceptionally well qualified for positions described 
        in subsection (c).
            (2) Number of positions.--The authority in subsection (a) 
        may not be used with respect to--
                    (A) more than 10 positions in the Office of the 
                Secretary of Defense and components of the Department of 
                Defense other than the military departments at any one 
                time; and
                    (B) more than five positions in each military 
                department at any one time.
            (3) Term of positions.--The authority in subsection (a) may 
        be used only for positions having terms less than five years.
            (4) Past service.--An individual may not be appointed to a 
        position pursuant to the authority provided by subsection (a) if 
        the individual separated or retired from Federal civil service 
        or service as a commissioned officer of an Armed Force on a date 
        that is less than five years before the date of such appointment 
        of the individual.

    (f) Termination.--
            (1) In general.--The authority to fix rates of basic pay for 
        a position under this section shall terminate on October 1, 
        2025.
            (2) Continuation of pay.--Nothing in paragraph (1) shall be 
        construed to prohibit the payment after October 1, 2025, of 
        basic pay at rates fixed under this section before that date for 
        positions whose terms continue after that date.
SEC. 1120. RECRUITMENT INCENTIVES FOR PLACEMENT AT REMOTE 
                          LOCATIONS.

    (a) In General.--Chapter 81 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 1599i. <<NOTE: 10 USC 1599i.>>  Recruitment incentives for 
                    placement at remote locations

    ``(a) Recruitment Incentive.--

[[Page 134 STAT. 3899]]

            ``(1) In general.--An individual appointed to a position in 
        the Department of Defense at a covered location may be paid a 
        recruitment incentive in connection with such appointment.
            ``(2) Amount.--The amount of a recruitment incentive payable 
        to an individual under this subsection may not exceed the amount 
        equal to--
                    ``(A) 25 percent of the annual rate of basic pay of 
                the employee for the position concerned as of the date 
                on which the service period in such position agreed to 
                by the individual under paragraph (3) commences; 
                multiplied by
                    ``(B) the number of years (including fractions of a 
                year) of such service period (not to exceed four years).
            ``(3) Service agreement.--To receive a recruitment incentive 
        under this subsection, an individual appointed to a position 
        under paragraph (1) shall enter into an agreement with the 
        Secretary of Defense to complete a period of service at the 
        covered location. The period of obligated service of the 
        individual at such location under the agreement may not exceed 
        four years. The agreement shall include such repayment or 
        alternative employment obligations as the Secretary considers 
        appropriate for failure of the individual to complete the period 
        of obligated service specified in the agreement.
            ``(4) Covered locations defined.--In this section, a covered 
        location is a location for which the Secretary of Defense has 
        determined that critical hiring needs are not being met due to 
        the geographic remoteness or isolation or extreme climate 
        conditions of the location.

    ``(b) Sunset.--Effective on September 30, 2022, the authority 
provided under subsection (a) shall expire.''.
    (b) <<NOTE: 10 USC 1599i note.>>  Outcome Measurements.--The 
Secretary of Defense shall develop outcome measurements to evaluate the 
effect of the authority provided under subsection (a) of section 1599i 
of title 10, United States Code, as added by subsection (a), and any 
relocation incentives provided under subsection (b) of such section.

    (c) Report Required.--
            (1) In general.--Not later than March 1, 2022, the Secretary 
        of Defense shall submit to the congressional defense committees 
        a report on the effect of the authority provided under section 
        1599i of title 10, United States Code, as added by subsection 
        (a).
            (2) <<NOTE: Assessments.>>  Elements.--The report required 
        by paragraph (1) shall include the following:
                    (A) A description and assessment of the 
                effectiveness and achievements of the recruitment 
                incentives described in paragraph (1), including--
                          (i) the number of employees placed at covered 
                      locations described in section 1599i(a)(2) of 
                      title 10, United States Code, as added by 
                      subsection (a); and
                          (ii) the cost-per-placement of such employees.
                    (B) A comparison of the effectiveness and use of the 
                recruitment incentives described in paragraph (1) to 
                authorities under title 5, United States Code, used by 
                the Department of Defense before the date of the 
                enactment of this Act to support hiring at remote or 
                rural locations.
                    (C) An assessment of--

[[Page 134 STAT. 3900]]

                          (i) the minority community outreach efforts 
                      made in using the authority and providing 
                      relocation incentives described in paragraph (1); 
                      and
                          (ii) participation outcomes.
                    (D) Such other matters as the Secretary considers 
                appropriate.

    (d) Clerical Amendment.--The table of sections at the beginning of 
chapter 81 of title 10, United States Code, <<NOTE: 10 USC 1580 prec.>>  
is amended by adding at the end the following new item:

``1599i. Recruitment incentives for placement at remote locations.''.

SEC. 1121. TECHNICAL AMENDMENTS REGARDING REIMBURSEMENT OF 
                          FEDERAL, STATE, AND LOCAL INCOME TAXES 
                          INCURRED DURING TRAVEL, TRANSPORTATION, 
                          AND RELOCATION.

    (a) In General.--Section 5724b(b) of title 5, United States Code, is 
amended--
            (1) by striking ``or relocation expenses reimbursed'' and 
        inserting ``and relocation expenses reimbursed''; and
            (2) by striking ``of chapter 41'' and inserting ``or chapter 
        41''.

    (b) <<NOTE: 5 USC 5724b.>>  Retroactive Effective Date.--The 
amendments made by subsection (a) shall take effect as if included in 
the enactment of section 1114 of the National Defense Authorization Act 
for Fiscal Year 2020 (Public Law 116-92).

       Subtitle <<NOTE: Elijah E. Cummings Federal Employee Anti- 
 discrimination Act of 2020.>>  B--Elijah E. Cummings Federal Employee 
Antidiscrimination Act of 2020
SEC. <<NOTE: 5 USC 101 note.>>  1131. SHORT TITLE.

    This subtitle may be cited as the ``Elijah E. Cummings Federal 
Employee Antidiscrimination Act of 2020''.
SEC. 1132. SENSE OF CONGRESS.

    Section 102 of the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended--
            (1) by striking paragraph (4) and inserting the following:
            ``(4) accountability in the enforcement of the rights of 
        Federal employees is furthered when Federal agencies agree to 
        take appropriate disciplinary action against Federal employees 
        who are found to have intentionally committed discriminatory 
        (including retaliatory) acts;''; and
            (2) in paragraph (5)(A)--
                    (A) by striking ``nor is accountability'' and 
                inserting ``accountability is not''; and
                    (B) by inserting ``for what, by law, the agency is 
                responsible'' after ``under this Act''.
SEC. 1133. NOTIFICATION OF VIOLATION.

    Section 202 of the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended by adding at the end the following:
    ``(d) Notification of Final Agency Action.--
            ``(1) <<NOTE: Deadline.>>  In general.--Not later than 90 
        days after the date on which an event described in paragraph (2) 
        occurs with

[[Page 134 STAT. 3901]]

        respect to a finding of discrimination (including retaliation), 
        the head of the Federal agency subject to the finding shall 
        provide notice--
                    ``(A) on the public internet website of the agency, 
                in a clear and prominent location linked directly from 
                the home page of that website;
                    ``(B) stating that a finding of discrimination 
                (including retaliation) has been made; and
                    ``(C) which shall remain posted for not less than 1 
                year.
            ``(2) Events described.--An event described in this 
        paragraph is any of the following:
                    ``(A) All appeals of a final action by a Federal 
                agency involving a finding of discrimination (including 
                retaliation) prohibited by a provision of law covered by 
                paragraph (1) or (2) of section 201(a) have been 
                exhausted.
                    ``(B) All appeals of a final decision by the Equal 
                Employment Opportunity Commission involving a finding of 
                discrimination (including if the finding included a 
                finding of retaliation) prohibited by a provision of law 
                covered by paragraph (1) or (2) of section 201(a) have 
                been exhausted.
                    ``(C) A court of jurisdiction issues a final 
                judgment involving a finding of discrimination 
                (including retaliation) prohibited by a provision of law 
                covered by paragraph (1) or (2) of section 201(a).
            ``(3) Contents.--A notification provided under paragraph (1) 
        with respect to a finding of discrimination (including 
        retaliation) shall--
                    ``(A) identify the date on which the finding was 
                made, the date on which each discriminatory act 
                occurred, and the law violated by each such 
                discriminatory act; and
                    ``(B) advise Federal employees of the rights and 
                protections available under the provisions of law 
                covered by paragraphs (1) and (2) of section 201(a).''.
SEC. 1134. REPORTING REQUIREMENTS.

    (a) Electronic Format Requirement.--
            (1) In general.--Section 203(a) of the Notification and 
        Federal Employee Antidiscrimination and Retaliation Act of 2002 
        (5 U.S.C. 2301 note) is amended in the matter preceding 
        paragraph (1)--
                    (A) by inserting ``Homeland Security and'' before 
                ``Governmental Affairs'';
                    (B) by striking ``on Government Reform'' and 
                inserting ``on Oversight and Reform''; and
                    (C) by inserting ``(in an electronic format 
                prescribed by the Director of the Office of Personnel 
                Management),'' after ``an annual report''.
            (2) <<NOTE: 5 USC 2301 note.>>  Effective date.--The 
        amendment made by paragraph (1)(C) shall take effect on the date 
        that is 1 year after the date of enactment of this Act.
            (3) <<NOTE: 5 USC 2301 note.>>  Transition period.--
        Notwithstanding the requirements of section 203(a) of the 
        Notification and Federal Employee Antidiscrimination and 
        Retaliation Act of 2002 (5 U.S.C. 2301 note), the report 
        required under such section 203(a) may be submitted in an 
        electronic format, as prescribed by

[[Page 134 STAT. 3902]]

        the Director of the Office of Personnel Management, during the 
        period beginning on the date of enactment of this Act and ending 
        on the effective date in paragraph (2).

    (b) Reporting Requirement for Disciplinary Action.--Section 203 of 
the Notification and Federal Employee Antidiscrimination and Retaliation 
Act of 2002 (5 U.S.C. 2301 note) is amended by adding at the end the 
following:
    ``(c) Disciplinary Action Report.--Not later than 120 days after the 
date on which a Federal agency takes final action, or a Federal agency 
receives a final decision issued by the Equal Employment Opportunity 
Commission, involving a finding of discrimination (including 
retaliation) in violation of a provision of law covered by paragraph (1) 
or (2) of section 201(a), as applicable, the applicable Federal agency 
shall submit to the Commission a report stating--
            ``(1) whether disciplinary action has been proposed against 
        a Federal employee as a result of the violation; and
            ``(2) the reasons for any disciplinary action proposed under 
        paragraph (1).''.
SEC. 1135. DATA TO BE POSTED BY EMPLOYING FEDERAL AGENCIES.

    Section 301(b) of the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended--
            (1) in paragraph (9)--
                    (A) in subparagraph (A), by striking ``and'' at the 
                end;
                    (B) in subparagraph (B)(ii), by striking the period 
                at the end and inserting ``, and''; and
                    (C) by adding at the end the following:
                    ``(C) with respect to each finding described in 
                subparagraph (A)--
                          ``(i) the date of the finding,
                          ``(ii) the affected Federal agency,
                          ``(iii) the law violated, and
                          ``(iv) whether a decision has been made 
                      regarding disciplinary action as a result of the 
                      finding.''; and
            (2) by adding at the end the following:
            ``(11) Data regarding each class action complaint filed 
        against the agency alleging discrimination (including 
        retaliation), including--
                    ``(A) information regarding the date on which each 
                complaint was filed,
                    ``(B) a general summary of the allegations alleged 
                in the complaint,
                    ``(C) an estimate of the total number of plaintiffs 
                joined in the complaint, if known,
                    ``(D) the current status of the complaint, including 
                whether the class has been certified, and
                    ``(E) the case numbers for the civil actions in 
                which discrimination (including retaliation) has been 
                found.''.
SEC. 1136. DATA TO BE POSTED BY THE EQUAL EMPLOYMENT OPPORTUNITY 
                          COMMISSION.

    Section 302(b) of the Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended by striking ``(10)'' and inserting ``(11)''.

[[Page 134 STAT. 3903]]

SEC. 1137. NOTIFICATION AND FEDERAL EMPLOYEE ANTIDISCRIMINATION 
                          AND RETALIATION ACT OF 2002 AMENDMENTS.

    (a) Notification Requirements.--Title II of the Notification and 
Federal Employee Antidiscrimination and Retaliation Act of 2002 (5 
U.S.C. 2301 note) is amended by adding at the end the following:
``SEC. 207. COMPLAINT TRACKING.

    ``Not <<NOTE: Deadline.>>  later than 1 year after the date of 
enactment of the Elijah E. Cummings Federal Employee Antidiscrimination 
Act of 2020, each Federal agency shall establish a system to track each 
complaint of discrimination arising under section 2302(b)(1) of title 5, 
United States Code, and adjudicated through the Equal Employment 
Opportunity process from the filing of a complaint with the Federal 
agency to resolution of the complaint, including whether a decision has 
been made regarding disciplinary action as the result of a finding of 
discrimination.
``SEC. 208. NOTATION IN PERSONNEL RECORD.

    ``If a Federal agency takes an adverse action covered under section 
7512 of title 5, United States Code, against a Federal employee for an 
act of discrimination (including retaliation) prohibited by a provision 
of law covered by paragraph (1) or (2) of section 201(a), the agency 
shall, after all appeals relating to that action have been exhausted, 
include a notation of the adverse action and the reason for the action 
in the personnel record of the employee.''.
    (b) Processing and Referral.--The Notification and Federal Employee 
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301 note) is 
amended by adding at the end the following:

                   ``TITLE IV--PROCESSING AND REFERRAL

``SEC. 401. PROCESSING AND RESOLUTION OF COMPLAINTS.

    ``Each Federal agency shall--
            ``(1) be responsible for the fair and impartial processing 
        and resolution of complaints of employment discrimination 
        (including retaliation) prohibited by a provision of law covered 
        by paragraph (1) or (2) of section 201(a); and
            ``(2) establish a model Equal Employment Opportunity Program 
        that--
                    ``(A) is not under the control, either structurally 
                or practically, of the agency's Office of Human Capital 
                or Office of the General Counsel (or the equivalent);
                    ``(B) is devoid of internal conflicts of interest 
                and ensures fairness and inclusiveness within the 
                agency; and
                    ``(C) ensures the efficient and fair resolution of 
                complaints alleging discrimination (including 
                retaliation).
``SEC. 402. NO LIMITATION ON ADVICE OR COUNSEL.

    ``Nothing in this title shall prevent a Federal agency or a 
subcomponent of a Federal agency, or the Department of Justice, from 
providing advice or counsel to employees of that agency (or 
subcomponent, as applicable) in the resolution of a complaint.

[[Page 134 STAT. 3904]]

``SEC. 403. HEAD OF PROGRAM SUPERVISED BY HEAD OF AGENCY.

    ``The head of each Federal agency's Equal Employment Opportunity 
Program shall report directly to the head of the agency.
``SEC. 404. REFERRALS OF FINDINGS OF DISCRIMINATION.

    ``(a) EEOC Findings of Discrimination.--
            ``(1) <<NOTE: Deadline. Determination.>>  In general.--Not 
        later than 30 days after the date on which the Equal Employment 
        Opportunity Commission (referred to in this section as the 
        `Commission') receives, or should have received, a Federal 
        agency report required under section 203(c), the Commission may 
        refer the matter to which the report relates to the Office of 
        Special Counsel if the Commission determines that the Federal 
        agency did not take appropriate action with respect to the 
        finding that is the subject of the report.
            ``(2) Notifications.--The Commission shall--
                    ``(A) notify the applicable Federal agency if the 
                Commission refers a matter to the Office of Special 
                Counsel under paragraph (1); and
                    ``(B) with respect to a fiscal year, include in the 
                Annual Report of the Federal Workforce of the Commission 
                covering that fiscal year--
                          ``(i) the number of referrals made under 
                      paragraph (1) during that fiscal year; and
                          ``(ii) <<NOTE: Summary.>>  a brief summary of 
                      each referral described in clause (i).

    ``(b) <<NOTE: Review.>>  Referrals to Special Counsel.--The Office 
of Special Counsel shall accept and review a referral from the 
Commission under subsection (a)(1) for purposes of pursuing disciplinary 
action under the authority of the Office against a Federal employee who 
commits an act of discrimination (including retaliation).

    ``(c) Notification.--The Office of Special Counsel shall notify the 
Commission and the applicable Federal agency in a case in which--
            ``(1) the Office of Special Counsel pursues disciplinary 
        action under subsection (b); and
            ``(2) the Federal agency imposes some form of disciplinary 
        action against a Federal employee who commits an act of 
        discrimination (including retaliation).

    ``(d) Special Counsel Approval.--A Federal agency may not take 
disciplinary action against a Federal employee for an alleged act of 
discrimination (including retaliation) referred by the Commission under 
this section, except in accordance with the requirements of section 
1214(f) of title 5, United States Code.''.
    (c) Conforming Amendments.--The table of contents in section 1(b) of 
the Notification and Federal Employee Antidiscrimination and Retaliation 
Act of 2002 (5 U.S.C. 2301 note) is amended--
            (1) by inserting after the item relating to section 206 the 
        following:

``Sec. 207. Complaint tracking.
``Sec. 208. Notation in personnel record.''; and

            (2) by adding at the end the following:

                   ``TITLE IV--PROCESSING AND REFERRAL

``Sec. 401. Processing and resolution of complaints.
``Sec. 402. No limitation on advice or counsel.
``Sec. 403. Head of Program supervised by head of agency.
``Sec. 404. Referrals of findings of discrimination.''.

[[Page 134 STAT. 3905]]

SEC. 1138. NONDISCLOSURE AGREEMENT LIMITATION.

    Section 2302(b)(13) of title 5, United States Code, is amended--
            (1) by striking ``agreement does not'' and inserting the 
        following: ``agreement--
                    ``(A) does not'';
            (2) in subparagraph (A), as so designated, by inserting ``or 
        the Office of Special Counsel'' after ``Inspector General''; and
            (3) by adding at the end the following:
                    ``(B) prohibits or restricts an employee or 
                applicant for employment from disclosing to Congress, 
                the Special Counsel, the Inspector General of an agency, 
                or any other agency component responsible for internal 
                investigation or review any information that relates to 
                any violation of any law, rule, or regulation, or 
                mismanagement, a gross waste of funds, an abuse of 
                authority, or a substantial and specific danger to 
                public health or safety, or any other whistleblower 
                protection; or''.

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

             TITLE XII--MATTERS RELATING TO FOREIGN NATIONS

                   Subtitle A--Assistance and Training

Sec. 1201. Authority to build capacity for additional operations.
Sec. 1202. Participation in European program on multilateral exchange of 
           surface transportation services.
Sec. 1203. Participation in programs relating to coordination or 
           exchange of air refueling and air transportation services.
Sec. 1204. Reciprocal patient movement agreements.
Sec. 1205. Modification to the Inter-European Air Forces Academy.
Sec. 1206. Modification of authority for participation in multinational 
           centers of excellence.
Sec. 1207. Modification and extension of support of special operations 
           for irregular warfare.
Sec. 1208. Extension of authority to transfer excess high mobility 
           multipurpose wheeled vehicles to foreign countries.
Sec. 1209. Modification and extension of update of Department of Defense 
           Freedom of Navigation Report.
Sec. 1210. Extension and modification of authority to support border 
           security operations of certain foreign countries.
Sec. 1210A. Extension of Department of Defense support for stabilization 
           activities in national security interest of the United 
           States.
Sec. 1210B. Extension of report on workforce development.
Sec. 1210C. Plan to increase participation in international military 
           education and training programs.
Sec. 1210D. Mitigation and prevention of atrocities in high-risk 
           countries.
Sec. 1210E. Implementation of the Women, Peace, and Security Act of 
           2017.

        Subtitle B--Matters Relating to Afghanistan and Pakistan

Sec. 1211. Extension and modification of authority for reimbursement of 
           certain coalition nations for support provided to United 
           States military operations.
Sec. 1212. Extension of the Afghan Special Immigrant Visa Program.
Sec. 1213. Extension and modification of support for reconciliation 
           activities led by the Government of Afghanistan.
Sec. 1214. Extension and modification of Commanders' Emergency Response 
           Program.
Sec. 1215. Limitation on use of funds to reduce deployment to 
           Afghanistan.
Sec. 1216. Modifications to immunity from seizure under judicial process 
           of cultural objects.
Sec. 1217. Congressional oversight of United States talks with Taliban 
           officials and Afghanistan's comprehensive peace process.

[[Page 134 STAT. 3906]]

Sec. 1218. Strategy for post-conflict engagement on human rights in 
           Afghanistan.
Sec. 1219. Modification to report on enhancing security and stability in 
           Afghanistan.
Sec. 1220. Report on Operation Freedom's Sentinel.

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

Sec. 1221. Extension and modification of authority to provide assistance 
           to counter the Islamic State of Iraq and Syria.
Sec. 1222. Extension and modification of authority to provide assistance 
           to vetted Syrian groups and individuals.
Sec. 1223. Extension and modification of authority to support operations 
           and activities of the Office of Security Cooperation in Iraq.
Sec. 1224. Prohibition on provision of weapons and other forms of 
           support to certain organizations.
Sec. 1225. Report and budget details regarding Operation Spartan Shield.

                 Subtitle D--Matters Relating to Russia

Sec. 1231. Extension of limitation on military cooperation between the 
           United States and the Russian Federation.
Sec. 1232. Matters relating to United States participation in the Open 
           Skies Treaty.
Sec. 1233. Prohibition on availability of funds relating to sovereignty 
           of the Russian Federation over Crimea.
Sec. 1234. Annual report on military and security developments involving 
           the Russian Federation.
Sec. 1235. Modification and extension of Ukraine Security Assistance 
           Initiative.
Sec. 1236. Report on capability and capacity requirements of military 
           forces of Ukraine and resource plan for security assistance.
Sec. 1237. Report on Russian Federation support of racially and 
           ethnically motivated violent extremists.
Sec. 1238. Authorization of rewards for providing information on foreign 
           election interference.

             Subtitle E--Matters Relating to Europe and NATO

Sec. 1241. Determination and imposition of sanctions with respect to 
           Turkey's acquisition of the S-400 air defense system.
Sec. 1242. Clarification and expansion of sanctions relating to 
           construction of Nord Stream 2 or TurkStream pipeline 
           projects.
Sec. 1243. Extension of authority for training for Eastern European 
           national security forces in the course of multilateral 
           exercises.
Sec. 1244. Sense of Congress on support for the North Atlantic Treaty 
           Organization.
Sec. 1245. Limitation on United States force structure reductions in 
           Germany.
Sec. 1246. Report on United States military force posture in 
           Southeastern Europe.
Sec. 1247. Sense of Congress on support for coordinated action to ensure 
           the security of Baltic allies.
Sec. 1248. Sense of Congress on the role of the Kosovo Force of the 
           North Atlantic Treaty Organization.

         Subtitle F--Matters Relating to the Indo-Pacific Region

Sec. 1251. Pacific Deterrence Initiative.
Sec. 1252. Extension and modification of prohibition on commercial 
           export of certain covered munitions items to the Hong Kong 
           Police Force.
Sec. 1253. Authority to transfer funds for Bien Hoa dioxin cleanup.
Sec. 1254. Cooperative program with Vietnam to account for Vietnamese 
           personnel missing in action.
Sec. 1255. Sense of Congress on the United States-Vietnam defense 
           relationship.
Sec. 1256. Pilot program to improve cyber cooperation with Vietnam, 
           Thailand, and Indonesia.
Sec. 1257. Report on the costs most directly associated with the 
           stationing of the Armed Forces in Japan.
Sec. 1258. Limitation on use of funds to reduce the total number of 
           members of the Armed Forces serving on active duty who are 
           deployed to South Korea.
Sec. 1259. Implementation of GAO recommendations on preparedness of 
           United States forces to counter North Korean chemical and 
           biological weapons.
Sec. 1260. Statement of policy and sense of Congress on the Taiwan 
           Relations Act.
Sec. 1260A. Annual briefing on Taiwan arms sales.
Sec. 1260B. Report on United States-Taiwan medical security partnership.
Sec. 1260C. Establishment of capabilities to assess the defense 
           technological and industrial bases of China and other foreign 
           adversaries.
Sec. 1260D. Extension of annual report on military and security 
           developments involving the People's Republic of China.

[[Page 134 STAT. 3907]]

Sec. 1260E. Sense of Congress on the aggression of the Government of 
           China along the border with India and its growing territorial 
           claims.
Sec. 1260F. Assessment of National Cyber Strategy to deter China from 
           engaging in industrial espionage and cyber theft.
Sec. 1260G. Report on United Front Work Department.
Sec. 1260H. Public reporting of Chinese military companies operating in 
           the United States.
Sec. 1260I. Report on directed use of fishing fleets.

  Subtitle G--Sudan Democratic Transition, Accountability, and Fiscal 
                        Transparency Act of 2020

Sec. 1261. Short title.
Sec. 1262. Definitions.
Sec. 1263. Statement of policy.
Sec. 1264. Support for democratic governance, rule of law, human rights, 
           and fundamental freedoms.
Sec. 1265. Support for development programs.
Sec. 1266. Support for conflict mitigation.
Sec. 1267. Support for accountability for war crimes, crimes against 
           humanity, and genocide in Sudan.
Sec. 1268. Suspension of assistance.
Sec. 1269. Multilateral assistance.
Sec. 1270. Coordinated support to recover assets stolen from the 
           Sudanese people.
Sec. 1270A. Limitation on assistance to the Sudanese security and 
           intelligence services.
Sec. 1270B. Reports.
Sec. 1270C. United States strategy for support to a civilian-led 
           government in Sudan.
Sec. 1270D. Amendments to the Darfur Peace and Accountability Act of 
           2006.
Sec. 1270E. Repeal of Sudan Peace Act and the Comprehensive Peace in 
           Sudan Act.

 Subtitle H--United States Israel Security Assistance Authorization Act 
                                 of 2020

Sec. 1271. Short title.
Sec. 1272. Sense of Congress on United States-Israel relationship.
Sec. 1273. Security assistance for Israel.
Sec. 1274. Extension of war reserves stockpile authority.
Sec. 1275. Rules governing the transfer of precision-guided munitions to 
           Israel above the annual restriction.
Sec. 1276. Eligibility of Israel for the strategic trade authorization 
           exception to certain export control licensing requirements.
Sec. 1277. United States Agency for International Development memoranda 
           of understanding to enhance cooperation with Israel.
Sec. 1278. Cooperative projects among the United States, Israel, and 
           developing countries.
Sec. 1279. Joint cooperative program related to innovation and high-tech 
           for the Middle East region.
Sec. 1280. Cooperation on directed energy capabilities.
Sec. 1280A. Other matters of cooperation.
Sec. 1280B. Appropriate congressional committees defined.

               Subtitle I--Global Child Thrive Act of 2020

Sec. 1281. Short title.
Sec. 1282. Sense of Congress.
Sec. 1283. Assistance to improve early childhood outcomes globally.
Sec. 1284. Special advisor for assistance to orphans and vulnerable 
           children.
Sec. 1285. Rule of construction.

       Subtitle J--Matters Relating to Africa and the Middle East

Sec. 1291. Briefing and report relating to reduction in the total number 
           of United States Armed Forces deployed to United States 
           Africa Command area of responsibility.
Sec. 1292. Notification with respect to withdrawal of members of the 
           Armed Forces participating in the Multinational Force and 
           Observers in Egypt.
Sec. 1293. Report on enhancing security partnerships between the United 
           States and African countries.
Sec. 1294. Plan to address gross violations of human rights and civilian 
           harm in Burkina Faso, Chad, Mali, and Niger.
Sec. 1295. Statement of policy and report relating to the conflict in 
           Yemen.
Sec. 1296. Report on United States military support of the Saudi-led 
           coalition in Yemen.

[[Page 134 STAT. 3908]]

Sec. 1297. Sense of Congress on payment of amounts owed by Kuwait to 
           United States medical institutions.

                        Subtitle K--Other Matters

Sec. 1299A. Provision of goods and services at Kwajalein Atoll, Republic 
           of the Marshall Islands.
Sec. 1299B. Report on contributions received from designated countries.
Sec. 1299C. Modification to initiative to support protection of national 
           security academic researchers from undue influence and other 
           security threats.
Sec. 1299D. Extension of authorization of non-conventional assisted 
           recovery capabilities.
Sec. 1299E. Annual briefings on certain foreign military bases of 
           adversaries.
Sec. 1299F. Countering white identity terrorism globally.
Sec. 1299G. Report on progress of the Department of Defense with respect 
           to denying the strategic goals of a competitor against a 
           covered defense partner.
Sec. 1299H. Comparative studies on defense budget transparency of the 
           People's Republic of China, the Russian Federation, and the 
           United States.
Sec. 1299I. Assessment of weapons of mass destruction terrorism.
Sec. 1299J. Review of Department of Defense compliance with ``Principles 
           Related to the Protection of Medical Care Provided by 
           Impartial Humanitarian Organizations During Armed 
           Conflicts''.
Sec. 1299K. Certification relating to assistance for Guatemala.
Sec. 1299L. Functional Center for Security Studies in Irregular Warfare.
Sec. 1299M. United States-Israel operations-technology cooperation 
           within the United States-Israel Defense Acquisition Advisory 
           Group.
Sec. 1299N. Payment of passport fees for certain individuals.
Sec. 1299O. Resumption of Peace Corps operations.
Sec. 1299P. Establishment of the Open Technology Fund.
Sec. 1299Q. United States Agency for Global Media.
Sec. 1299R. Leveraging information on foreign traffickers.
Sec. 1299S. Rule of construction relating to use of military force.

                   Subtitle A--Assistance and Training

SEC. 1201. AUTHORITY TO BUILD CAPACITY FOR ADDITIONAL OPERATIONS.

    Section 333(a) of title 10, United States Code, is amended--
            (1) by redesignating paragraph (7) as paragraph (8);
            (2) by inserting after paragraph (6) the following new 
        paragraph (7):
            ``(7) Air domain awareness operations.''; and
            (3) by adding at the end the following new paragraph:
            ``(9) Cyberspace security and defensive cyberspace 
        operations.''.
SEC. 1202. PARTICIPATION IN EUROPEAN PROGRAM ON MULTILATERAL 
                          EXCHANGE OF SURFACE TRANSPORTATION 
                          SERVICES.

    (a) In General.--Subchapter II of chapter 138 of title 10, United 
States Code, is amended by inserting after section 2350l the following 
new section 2350m:
``Sec. 2350m. <<NOTE: 10 USC 2350m.>>  Participation in European 
                    program on multilateral exchange of surface 
                    transportation services

    ``(a) Participation Authorized.--
            ``(1) In general.--The Secretary of Defense, with the 
        concurrence of the Secretary of State, may authorize the 
        participation of the Department of Defense in the Surface 
        Exchange of Services program (in this section referred to as the 
        `SEOS program') of the Movement Coordination Centre Europe.
            ``(2) Scope of participation.--Participation of the 
        Department of Defense in the SEOS program under paragraph (1) 
        may include--

[[Page 134 STAT. 3909]]

                    ``(A) the reciprocal exchange or transfer of surface 
                transportation on a reimbursable basis or by 
                replacement-in-kind; and
                    ``(B) the exchange of surface transportation 
                services of an equal value.

    ``(b) Written Arrangement or Agreement.--
            ``(1) In general.--Participation of the Department of 
        Defense in the SEOS program shall be in accordance with a 
        written arrangement or agreement entered into by the Secretary 
        of Defense, with the concurrence of the Secretary of State, and 
        the Movement Coordination Centre Europe.
            ``(2) Notification.--The Secretary of Defense shall provide 
        to the congressional defense committees notification of any 
        arrangement or agreement entered into under paragraph (1).
            ``(3) Funding arrangements.--If Department of Defense 
        facilities, equipment, or funds are used to support the SEOS 
        program, the written arrangement or agreement under paragraph 
        (1) shall specify the details of any equitable cost-sharing or 
        other funding arrangement.
            ``(4) Other elements.--Any written arrangement or agreement 
        entered into under paragraph (1) shall require that any accrued 
        credits or liability resulting from an unequal exchange or 
        transfer of surface transportation services shall be liquidated 
        through the SEOS program not less than once every five years.

    ``(c) Implementation.--In carrying out any arrangement or agreement 
entered into under subsection (b), the Secretary of Defense may--
            ``(1) pay the equitable share of the Department of Defense 
        for the operating expenses of the Movement Coordination Centre 
        Europe and the SEOS program from funds available to the 
        Department of Defense for operation and maintenance; and
            ``(2) assign members of the armed forces or Department of 
        Defense civilian personnel, within billets authorized for the 
        United States European Command, to duty at the Movement 
        Coordination Centre Europe as necessary to fulfill Department of 
        Defense obligations under that arrangement or agreement.

    ``(d) Crediting of Receipts.--Any amount received by the Department 
of Defense as part of the SEOS program shall be credited, at the option 
of the Secretary of Defense, to--
            ``(1) the appropriation, fund, or account used in incurring 
        the obligation for which such amount is received; or
            ``(2) an appropriate appropriation, fund, or account 
        currently available for the purposes for which the expenditures 
        were made.

    ``(e) Annual Report.--
            ``(1) In general.--Not later than 30 days after the end of 
        each fiscal year in which the authority under this section is in 
        effect, the Secretary of Defense shall submit to the 
        congressional defense committees a report on Department of 
        Defense participation in the SEOS program during such fiscal 
        year.
            ``(2) Elements.--Each report required by paragraph (1) shall 
        include the following:
                    ``(A) A description of the equitable share of the 
                costs and activities of the SEOS program paid by the 
                Department of Defense.

[[Page 134 STAT. 3910]]

                    ``(B) A description of any amount received by the 
                Department of Defense as part of such program, including 
                the country from which the amount was received.

    ``(f) Limitation on Statutory Construction.--Nothing in this section 
may be construed to authorize the use of foreign sealift in violation of 
section 2631.''.
    (b) <<NOTE: 10 USC 2350a prec.>>  Clerical Amendment.--The table of 
sections at the beginning of such subchapter is amended by inserting 
after the item relating to section 2350l the following new item:

``2350m. Participation in European program on multilateral exchange of 
           surface transportation services.''.

SEC. 1203. PARTICIPATION IN PROGRAMS RELATING TO COORDINATION OR 
                          EXCHANGE OF AIR REFUELING AND AIR 
                          TRANSPORTATION SERVICES.

    (a) In General.--Subchapter II of chapter 138 of title 10, United 
States Code, as amended by section 1202, is further amended by adding at 
the end the following new section:
``Sec. 2350o. <<NOTE: 10 USC 2350o.>>  Participation in programs 
                    relating to coordination or exchange of air 
                    refueling and air transportation services

    ``(a) Participation Authorized.--
            ``(1) In general.--The Secretary of Defense, with the 
        concurrence of the Secretary of State, may authorize the 
        participation of the Department of Defense in programs relating 
        to the coordination or exchange of air refueling and air 
        transportation services, including in the arrangement known as 
        the Air Transport and Air-to-Air Refueling and other Exchanges 
        of Services program (in this section referred to as the `ATARES 
        program').
            ``(2) Scope of participation.--Participation of the 
        Department of Defense in programs referred to in paragraph (1) 
        may include--
                    ``(A) the reciprocal exchange or transfer of air 
                refueling and air transportation services on a 
                reimbursable basis or by replacement-in-kind; and
                    ``(B) the exchange of air refueling and air 
                transportation services of an equal value.
            ``(3) Limitations with respect to participation in atares 
        program.--
                    ``(A) In general.--The Department of Defense balance 
                of executed flight hours in participation in the ATARES 
                program under paragraph (1), whether as credits or 
                debits, may not exceed a total of 500 hours.
                    ``(B) Air refueling.--The Department of Defense 
                balance of executed flight hours for air refueling in 
                participation in the ATARES program under paragraph (1) 
                may not exceed 200 hours.

    ``(b) Written Arrangement or Agreement.--Participation of the 
Department of Defense in a program referred to in subsection (a)(1) 
shall be in accordance with a written arrangement or agreement entered 
into by the Secretary of Defense, with the concurrence of the Secretary 
of State.
    ``(c) Implementation.--In carrying out any arrangement or agreement 
entered into under subsection (b), the Secretary of Defense may--

[[Page 134 STAT. 3911]]

            ``(1) pay the equitable share of the Department of Defense 
        for the recurring and nonrecurring costs of the applicable 
        program referred to in subsection (a)(1) from funds available to 
        the Department for operation and maintenance; and
            ``(2) assign members of the armed forces or Department of 
        Defense civilian personnel to fulfill Department obligations 
        under that arrangement or agreement.''.

    (b) <<NOTE: 10 USC 2350a prec.>>  Clerical Amendment.--The table of 
sections at the beginning of such subchapter, as amended by section 
1202, is further amended by adding at the end the following new item:

``2350o. Participation in programs relating to coordination or exchange 
           of air refueling and air transportation services.''.

    (c) Repeal.--Section 1276 of the National Defense Authorization Act 
for Fiscal Year 2013 (10 U.S.C. 2350c note) is repealed.
SEC. 1204. RECIPROCAL PATIENT MOVEMENT AGREEMENTS.

    (a) In General.--Subchapter II of chapter 138 of title 10, United 
States Code, as amended by section 1203, is further amended by adding at 
the end the following new section:
``Sec. 2350p. <<NOTE: 10 USC 2350p.>>  Reciprocal patient movement 
                    agreements

    ``(a) Authority.--Subject to the availability of appropriations, the 
Secretary of Defense, with the concurrence of the Secretary of State, 
may enter into a bilateral or multilateral memorandum of understanding 
or other formal agreement with one or more governments of partner 
countries that provides for--
            ``(1) the interchangeable, nonreimbursable use of patient 
        movement personnel, either individually or as members of a 
        patient movement crew or team, and equipment, belonging to one 
        partner country to perform patient movement services aboard the 
        aircraft, vessels, or vehicles of another partner country;
            ``(2) the reciprocal recognition and acceptance of --
                    ``(A) national professional credentials, 
                certifications, and licenses of patient movement 
                personnel; and
                    ``(B) national certifications, approvals, and 
                licenses of equipment used in the provision of patient 
                movement services; and
            ``(3) the acceptance of agreed-upon standards for the 
        provision of patient movement services by aircraft, vessel, or 
        vehicle, including, as determined to be beneficial and otherwise 
        permitted by law, the harmonization of patient treatment 
        standards and procedures.

    ``(b) Certification.--(1) Before entering into a memorandum of 
understanding or other formal agreement with the government of a partner 
country under this section, the Secretary of Defense shall certify in 
writing that the professional credentials, certifications, licenses, and 
approvals for patient movement personnel and patient movement equipment 
of the partner country--
            ``(A) meet or exceed the equivalent standards of the United 
        States for similar personnel and equipment; and
            ``(B) will provide for a level of care comparable to, or 
        better than, the level of care provided by the Department of 
        Defense.

    ``(2) A certification under paragraph (1) shall be--
            ``(A) submitted to the appropriate committees of Congress 
        not later than 15 days after the date on which the Secretary of 
        Defense makes the certification; and

[[Page 134 STAT. 3912]]

            ``(B) reviewed and recertified by the Secretary of Defense 
        not less frequently than annually.

    ``(c) Suspension.--If the Secretary of Defense is unable to 
recertify a partner country as required by subsection (b)(2)(B), use of 
the personnel or equipment of the partner country by the Department of 
Defense under a memorandum of understanding or other formal agreement 
concluded pursuant to subsection (a) shall be suspended until the date 
on which the Secretary of Defense is able to recertify the partner 
country.
    ``(d) Definitions.--In this section:
            ``(1) Appropriate committees of congress.--The term 
        `appropriate committees of Congress' means--
                    ``(A) the congressional defense committees; and
                    ``(B) the Committee on Foreign Relations of the 
                Senate and the Committee on Foreign Affairs of the House 
                of Representatives.
            ``(2) Partner country.--The term `partner country' means any 
        of the following:
                    ``(A) A member country of the North Atlantic Treaty 
                Organization.
                    ``(B) Australia.
                    ``(C) Japan.
                    ``(D) New Zealand.
                    ``(E) The Republic of Korea.
                    ``(F) Any other country designated as a partner 
                country by the Secretary of Defense, with the 
                concurrence of the Secretary of State, for purposes of 
                this section.
            ``(3) Patient movement.--The term `patient movement' means 
        the act or process of moving wounded, ill, injured, or other 
        persons (including contaminated, contagious, and potentially 
        exposed patients) to obtain medical, surgical, mental health, or 
        dental care or treatment.''.

    (b) <<NOTE: 10 USC 2350a prec.>>  Clerical Amendment.--The table of 
sections at the beginning of such subchapter, as amended by section 
1203, is further amended by adding at the end the following new item:

``2350p. Reciprocal patient movement agreements.''.

SEC. 1205. MODIFICATION TO THE INTER-EUROPEAN AIR FORCES ACADEMY.

    Section 350(b) of title 10, United States Code, is amended by 
striking ``that are'' and all that follows through the period at the end 
and inserting ``that are--
            ``(1) members of the North Atlantic Treaty Organization;
            ``(2) signatories to the Partnership for Peace Framework 
        Documents; or
            ``(3)(A) within the United States Africa Command area of 
        responsibility; and
            ``(B) eligible for assistance under chapter 5 of part II of 
        the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.).''.
SEC. 1206. MODIFICATION OF AUTHORITY FOR PARTICIPATION IN 
                          MULTINATIONAL CENTERS OF EXCELLENCE.

    (a) In General.--Section 344 of title 10, United States Code, is 
amended--
            (1) in the section heading, by striking ``multinational 
        military centers of excellence'' and inserting ``multinational 
        centers of excellence'';

[[Page 134 STAT. 3913]]

            (2) by striking ``multinational military center of 
        excellence'' each place it appears and inserting ``multinational 
        center of excellence'';
            (3) by striking ``multinational military centers of 
        excellence'' each place it appears and inserting ``multinational 
        centers of excellence'';
            (4) in subsection (b)(1), by inserting ``or entered into by 
        the Secretary of State,'' after ``Secretary of State,'';
            (5) in subsection (e)--
                    (A) in the subsection heading, by striking 
                ``Multinational Military Center Of Excellence'' and 
                inserting ``Multinational Center Of Excellence'';
                    (B) by redesignating paragraphs (1) through (4) as 
                subparagraphs (A) through (D), respectively, and moving 
                such subparagraphs two ems to the right;
                    (C) in the matter preceding subparagraph (A), as so 
                redesignated, by striking ``means an entity'' and 
                inserting ``means--
            ``(1) an entity'';
                    (D) in subparagraph (C), as so redesignated, by 
                striking ``; and'' and inserting a semicolon;
                    (E) in subparagraph (D), as so redesignated, by 
                striking the period at the end and inserting ``; and''; 
                and
                    (F) by adding at the end the following new 
                paragraph:
            ``(2) the European Centre of Excellence for Countering 
        Hybrid Threats, established in 2017 and located in Helsinki, 
        Finland.'';
            (6) by redesignating subsection (e) as subsection (f); and
            (7) by inserting after subsection (d) the following new 
        subsection:

    ``(e) <<NOTE: Deadline.>>  Notification.--Not later than 30 days 
before the date on which the Secretary of Defense authorizes 
participation under subsection (a) in a new multinational center of 
excellence, the Secretary shall notify the congressional defense 
committees of such participation.''.

    (b) <<NOTE: 10 USC 341 prec.>>  Conforming Amendment.--Title 10, 
United States Code, is amended, in the table of sections at the 
beginning of subchapter V of chapter 16, by striking the item relating 
to section 344 and inserting the following:

``344. Participation in multinational centers of excellence.''.

SEC. 1207. MODIFICATION AND EXTENSION OF SUPPORT OF SPECIAL 
                          OPERATIONS FOR IRREGULAR WARFARE.

    (a) Authority.--Subsection (a) of section 1202 of the National 
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 131 
Stat. 1639) is amended by striking ``$10,000,000'' and inserting 
``$15,000,000''.
    (b) Notification.--Subsection (d)(2) of such section is amended--
            (1) by redesignating subparagraph (E) as subparagraph (G);
            (2) by inserting after subparagraph (D) the following:
                    ``(E) A description of steps taken to ensure the 
                support is consistent with other United States national 
                security interests, including issues related to human 
                rights.
                    ``(F) A description of steps taken to ensure that 
                the recipients of the support have not engaged in human 
                rights

[[Page 134 STAT. 3914]]

                violations, to include the conduct of periodic reviews 
                as a means to investigate allegations of violations and 
                processes and procedures to modify support in case of 
                credible reports of violations.''; and
            (3) in clause (i) of subparagraph (G), as redesignated, to 
        read as follows:
                          ``(i) An introduction of United States Armed 
                      Forces (including as such term is defined in 
                      section 8(c) of the War Powers Resolution (50 
                      U.S.C. 1547(c))) into hostilities, or into 
                      situations where hostilities are clearly indicated 
                      by the circumstances, without specific statutory 
                      authorization within the meaning of section 5(b) 
                      of such Resolution (50 U.S.C. 1544(b)).''.

    (c) Construction of Authority.--Subsection (f)(2) of such section is 
amended by striking ``of section 5(b)''.
SEC. 1208. EXTENSION OF AUTHORITY TO TRANSFER EXCESS HIGH MOBILITY 
                          MULTIPURPOSE WHEELED VEHICLES TO FOREIGN 
                          COUNTRIES.

    Section 1276 of the National Defense Authorization Act for Fiscal 
Year 2018 (Public Law 115-91; 131 Stat. 1699) is amended--
            (1) in subsection (b)(2)--
                    (A) in subparagraph (A), by adding at the end the 
                following new sentence: ``Such description may include, 
                if applicable, a description of the priority United 
                States security or defense cooperation interest with the 
                recipient country that is fulfilled by the waiver.''; 
                and
                    (B) by striking subparagraph (B) and inserting the 
                following:
                    ``(B) An explanation of the reasons for which it is 
                in the national interest of the United States to make 
                the transfer notwithstanding the requirements of 
                subsection (a)(1).'';
            (2) by inserting after subsection (b)(2) the following new 
        paragraph:
            ``(3) <<NOTE: President.>>  Delegation of authority.--The 
        President may delegate the waiver authority provided by this 
        subsection to the Secretary of Defense.''; and
            (3) in subsection (c)(2), by striking ``three'' and 
        inserting ``four''.
SEC. 1209. MODIFICATION AND EXTENSION OF UPDATE OF DEPARTMENT OF 
                          DEFENSE FREEDOM OF NAVIGATION REPORT.

    (a) Elements.--Subsection (b) of section 1275 of the National 
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 130 
Stat. 2540) is amended--
            (1) in paragraph (1), by inserting ``the number of maritime 
        and overflight challenges to each such claim and'' before ``the 
        country'';
            (2) in paragraph (5), by inserting ``have been protested by 
        the United States but'' before ``have not been challenged''; and
            (3) by adding at the end the following:
            ``(6) <<NOTE: Summary.>>  A summary of each excessive 
        maritime claim challenged jointly with international partners 
        and allies.''.

    (b) Form.--Subsection (c) of such section is amended by adding at 
the end before the period the following: ``and made publicly 
available''.

[[Page 134 STAT. 3915]]

    (c) Sunset.--Subsection (d) of such section is amended by striking 
``December 31, 2021'' and inserting ``December 31, 2025''.
SEC. 1210. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT 
                          BORDER SECURITY OPERATIONS OF CERTAIN 
                          FOREIGN COUNTRIES.

    (a) Funds Available for Support.--Subsection (b) of section 1226 of 
the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. 
2151 note) is amended to read as follows:
    ``(b) Funds Available for Support.--Amounts to provide support under 
the authority of subsection (a) may be derived only from amounts 
authorized to be appropriated and available for operation and 
maintenance, Defense-wide.''.
    (b) Extension.--Subsection (h) of such section is amended by 
striking ``December 31, 2021'' and inserting ``December 31, 2023''.
SEC. 1210A. EXTENSION OF DEPARTMENT OF DEFENSE SUPPORT FOR 
                            STABILIZATION ACTIVITIES IN NATIONAL 
                            SECURITY INTEREST OF THE UNITED 
                            STATES.

    Subsection (h) of section 1210A of the National Defense 
Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 
1628) is amended by striking ``December 31, 2020'' and inserting 
``December 31, 2021''.
SEC. 1210B. EXTENSION OF REPORT ON WORKFORCE DEVELOPMENT.

    Section 1250(b)(1) of the National Defense Authorization Act for 
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2529) is amended by 
striking ``through 2021'' and inserting ``through 2026''.
SEC. <<NOTE: 22 USC 2347.>>  1210C. PLAN TO INCREASE PARTICIPATION 
                            IN INTERNATIONAL MILITARY EDUCATION 
                            AND TRAINING PROGRAMS.

    (a) <<NOTE: Deadline.>>  In General.--Not later than one year after 
the date of the enactment of this Act, the Secretary of State, in 
coordination with the Secretary of Defense, shall submit to the 
appropriate congressional committees a plan to increase the number of 
foreign female participants receiving training under the International 
Military Education and Training program authorized under chapter 5 of 
part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.) 
and any other military exchange program offered to foreign participants, 
with the goal of doubling such participation over the 10-year period 
beginning on the date of the enactment of this Act.

    (b) Interim Progress Reports.--Not later than 2 years after the date 
of the submission of the plan required by subsection (a), and every 2 
years thereafter until the end of the 10-year period beginning on the 
date of the enactment of this Act, the Secretary of State, in 
coordination with the Secretary of Defense, shall submit to the 
appropriate congressional committees a report that includes the most 
recently available data on foreign female participation in activities 
conducted under the International Military Education and Training 
program and any other military exchange programs and describes the 
manner and extent to which the goal described in subsection (a) has been 
achieved as of the date of the submission of the report.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--

[[Page 134 STAT. 3916]]

            (1) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives; and
            (2) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate.
SEC. <<NOTE: 22 USC 2656 note.>>  1210D. MITIGATION AND PREVENTION 
                            OF ATROCITIES IN HIGH-RISK COUNTRIES.

    (a) <<NOTE: Coordination.>>  Statement of Policy.--It is the policy 
of the United States that the Department of State, in coordination with 
the Department of Defense and the United States Agency for International 
Development, should address global fragility, as required by the Global 
Fragility Act of 2019 and, to the extent practicable, incorporate 
efforts to identify, prevent, and respond to the causes of atrocities, 
as required by section 3 of the Elie Wiesel Genocide and Atrocities 
Prevention Act of 2018 (22 U.S.C. 2656 note), into security assistance 
and cooperation planning and implementation for covered foreign 
countries.

    (b) <<NOTE: Consultation.>>  In General.--The Secretary of State, in 
consultation with chiefs of mission and the Administrator of the United 
States Agency for International Development, shall ensure that the 
Department of State's Atrocity Assessment Framework is factored into the 
Integrated Country Strategy and the Country Development Cooperation 
Strategy where appropriate for covered foreign countries.

    (c) Report.--
            (1) In general.--Section 5 of the Elie Wiesel Genocide and 
        Atrocities Prevention Act of 2018 is amended--
                    (A) by amending subparagraph (E) of subsection 
                (a)(1) to read as follows:
                    ``(E) countries and regions at risk of atrocities, 
                including covered foreign countries, and a description 
                of specific risk factors, at risk groups, likely 
                scenarios in which atrocities would occur, and efforts 
                taken by the Board or relevant Federal agencies to 
                prevent such atrocities; and''; and
                    (B) by adding at the end the following new 
                subscection:

    ``(d) <<NOTE: Consultation.>>  Covered Foreign Country Defined.--The 
term `covered foreign country' means a foreign country that is not 
listed as a priority country under section 505 of the Global Fragility 
Act of 2019 (22 U.S.C. 9804) but remains among the top 30 most at risk 
countries for new onset of mass killing, according to the Department of 
State's internal assessments, and in consultation with the Committee on 
Foreign Affairs and the Committee on Armed Services of the House of 
Representatives and the Committee on Foreign Relations and the Committee 
on Armed Services of the Senate.''.
            (2) <<NOTE: Applicability.>>  Effective date.--The amendment 
        made by paragraph (1) shall take effect and apply beginning with 
        the first report required under section 5 of the Elie Wiesel 
        Genocide and Atrocities Prevention Act of 2018 that is required 
        after the date of the enactment of this Act.

    (d) Stakeholder Consultation.--Consistent with section 504(b) of the 
Global Fragility Act of 2019 (22 U.S.C. 9803(b)), the Secretary of State 
and other relevant agencies should consult with credible representatives 
of civil society with experience in atrocities prevention and national 
and local governance entities, as well as relevant international 
development organizations with

[[Page 134 STAT. 3917]]

experience implementing programs in fragile and violence-affected 
communities, multilateral organizations and donors, and relevant 
private, academic, and philanthropic entities, as appropriate, in 
identifying covered foreign countries as defined in this section.
    (e) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Armed Services of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Armed Services of the Senate.
            (2) Covered foreign country.--The term ``covered foreign 
        country'' means a foreign country that is not listed as a 
        priority country under section 505 of the Global Fragility Act 
        of 2019 (22 U.S.C. 9804) but remains among the top 30 most at 
        risk countries for new onset of mass killing, according to the 
        Department of State's internal assessments, and in consultation 
        with the appropriate congressional committees.
SEC. <<NOTE: 10 USC 113 note.>>  1210E. IMPLEMENTATION OF THE 
                            WOMEN, PEACE, AND SECURITY ACT OF 
                            2017.

    (a) <<NOTE: Time period.>>  In General.--During the period beginning 
on the date of the enactment of this Act and ending on September 30, 
2025, the Secretary of Defense shall undertake activities consistent 
with the Women, Peace, and Security Act of 2017 (Public Law 115-68; 131 
Stat. 1202) and with the guidance specified in this section, including--
            (1) implementation of the Department of Defense plan 
        entitled ``Women, Peace, and Security Strategic Framework and 
        Implementation Plan'' published in June 2020, or any successor 
        plan;
            (2) establishing Department of Defense-wide policies and 
        programs that advance the implementation of the Act, including 
        military doctrine and Department-specific and combatant command-
        specific programs;
            (3) ensuring the Department has sufficient qualified 
        personnel to advance implementation of that Act, including by 
        hiring and training full-time equivalent personnel, as 
        necessary, and establishing roles, responsibilities, and 
        requirements for such personnel;
            (4) as appropriate, the deliberate integration of relevant 
        training curriculum for members of the Armed Forces across all 
        ranks; and
            (5) security cooperation activities that further the 
        implementation of that Act.

    (b) Building Partner Defense Institution and Security Force 
Capacity.--
            (1) Incorporation of gender analysis and participation of 
        women into security cooperation activities.--Consistent with the 
        Women, Peace, and Security Act of 2017 (Public Law 115-68; 131 
        Stat. 1202), the Secretary of Defense, in coordination with the 
        Secretary of State, shall incorporate participation by women and 
        the analysis described in the Women's Entrepreneurship and 
        Economic Empowerment Act of 2018 (Public Law 115-428; 132 Stat. 
        5509) into the institutional

[[Page 134 STAT. 3918]]

        and national security force capacity-building activities of 
        security cooperation programs carried out under title 10, United 
        States Code, including, as appropriate, by--
                    (A) incorporating gender analysis and women, peace, 
                and security priorities into educational and training 
                materials and programs authorized by section 333 of 
                title 10, United States Code;
                    (B) advising on the recruitment, employment, 
                development, retention, and promotion of women in such 
                national security forces, including by--
                          (i) identifying existing military career 
                      opportunities for women;
                          (ii) exposing women and girls to careers 
                      available in such national security forces and the 
                      skills necessary for such careers; and
                          (iii) encouraging women's and girls' interest 
                      in such careers by highlighting as role models 
                      women of the United States and applicable foreign 
                      countries in uniform;
                    (C) addressing sexual harassment and abuse against 
                women within such national security forces;
                    (D) integrating gender analysis into security sector 
                policy, planning, and training for such national 
                security forces; and
                    (E) improving infrastructure to address the 
                requirements of women serving in such national security 
                forces, including appropriate equipment for female 
                security and police forces.
            (2) Barriers and opportunities.--Partner country assessments 
        conducted in the course of Department security cooperation 
        activities to build the capacity of the national security forces 
        of foreign countries shall include attention to the barriers and 
        opportunities with respect to strengthening recruitment, 
        employment, development, retention, and promotion of women in 
        the military forces of such partner countries.

    (c) Department-wide Policies on Women, Peace, and 
Security. <<NOTE: Deadline.>> --Not later than 90 days after the date of 
the enactment of this Act, the Secretary of Defense shall initiate a 
process to establish standardized policies described in subsection 
(a)(2).

    (d) Funding.--The Secretary of Defense may use funds authorized to 
be appropriated in each fiscal year to the Department of Defense for 
operation and maintenance as specified in the table in section 4301 for 
carrying out the full implementation of the Women, Peace, and Security 
Act of 2017 (Public Law 115-68; 131 Stat. 1202) and the guidance on the 
matters described in paragraphs (1) through (5) of subsection (a) and 
subparagraphs (A) through (E) of subsection (b)(1).
    (e) Annual Report.--Not later than one year after the date of the 
enactment of this Act, and annually thereafter through 2025, the 
Secretary of Defense shall submit to the appropriate committees of 
Congress a report on the steps the Department has taken to implement the 
Women, Peace, and Security Act of 2017, including--
            (1) implementation of defense lines of effort outlined in 
        the June 2020 Department of Defense ``Women, Peace, and Security 
        Strategic Framework and Implementation Plan'' and described in 
        paragraphs (1) through (5) of subsection (a) and

[[Page 134 STAT. 3919]]

        subparagraphs (A) through (E) of subsection (b)(1), as 
        appropriate; and
            (2) an enumeration of the funds used in such implementation 
        and an identification of funding shortfalls, if any, that may 
        inhibit implementation.

    (f) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate; and
            (2) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives.

        Subtitle B--Matters Relating to Afghanistan and Pakistan

SEC. 1211. EXTENSION AND MODIFICATION OF AUTHORITY FOR 
                          REIMBURSEMENT OF CERTAIN COALITION 
                          NATIONS FOR SUPPORT PROVIDED TO UNITED 
                          STATES MILITARY OPERATIONS.

    (a) Extension.--Subsection (a) of section 1233 of the National 
Defense Authorization Act for Fiscal Year 2008 (Public Law 110-181; 122 
Stat. 393) is amended by striking ``beginning on October 1, 2019, and 
ending on December 31, 2020'' and inserting ``beginning on October 1, 
2020, and ending on December 31, 2021''.
    (b) Modification to Limitation.--Subsection (d)(1) of such section 
is amended--
            (1) by striking ``beginning on October 1, 2019, and ending 
        on December 31, 2020'' and inserting ``beginning on October 1, 
        2020, and ending on December 31, 2021''; and
            (2) by striking ``$450,000,000'' and inserting 
        ``$180,000,000''.
SEC. 1212. EXTENSION OF THE AFGHAN SPECIAL IMMIGRANT VISA PROGRAM.

    (a) In General.--Section 602(b)(3)(F) of the Afghan Allies 
Protection Act of 2009 (8 U.S.C. 1101 note) is amended--
            (1) in the heading, by striking ``2020'' and inserting 
        ``2021'';
            (2) in the matter preceding clause (i), by striking 
        ``22,500'' and inserting ``22,620'';
            (3) in clause (i), by striking ``December 31, 2021'' and 
        inserting ``December 31, 2022''; and
            (4) in clause (ii), the striking ``December 31, 2021'' 
        inserting ``December 31, 2022''.

    (b) Report Extension.--Section 602(b)(13) of such Act (8 U.S.C. 1101 
note) is amended by striking ``January 31, 2021'' and inserting 
``January 31, 2023''.
SEC. 1213. EXTENSION AND MODIFICATION OF SUPPORT FOR 
                          RECONCILIATION ACTIVITIES LED BY THE 
                          GOVERNMENT OF AFGHANISTAN.

    (a) Modification of Authority To Provide Covered Support.--
Subsection (a) of section 1218 of the National Defense Authorization Act 
for Fiscal Year 2020 (Public Law 116-92; 132 Stat. 1633) is amended--
            (1) by striking the subsection designation and heading and 
        all that follows through ``The Secretary of Defense'' and 
        inserting the following:

[[Page 134 STAT. 3920]]

    ``(a) Authority To Provide Covered Support.--
            ``(1) In general.--Subject to paragraph (2), the Secretary 
        of Defense''; and
            (2) by adding at the end the following new paragraph:
            ``(2) Limitation on use of funds.--Amounts authorized to be 
        appropriated or otherwise made available for the Department of 
        Defense by this Act may not be obligated or expended to provide 
        covered support until the date on which the Secretary of Defense 
        submits to the appropriate committees of Congress the report 
        required by subsection (b).''.

    (b) Participation in Reconciliation Activities.--Such section is 
further amended--
            (1) by redesignating subsections (i) through (k) as 
        subsections (j) through (l), respectively;
            (2) by inserting after subsection (h) the following new 
        subsection (i):

    ``(i) Participation in Reconciliation Activities.--Covered support 
may only be used to support a reconciliation activity that--
            ``(1) includes the participation of members of the 
        Government of Afghanistan; and
            ``(2) does not restrict the participation of women.''.

    (c) Extension.--Subsection (k) of such section, as so redesignated, 
is amended by striking ``December 31, 2020'' and inserting ``December 
31, 2021''.
    (d) Exclusions From Covered Support.--Such section is further 
amended in paragraph (2)(B) of subsection (l), as so redesignated--
            (1) in clause (ii), by inserting ``, reimbursement for 
        travel or lodging, and stipends or per diem payments'' before 
        the period at the end; and
            (2) by adding at the end the following new clause:
                          ``(iii) Any activity involving one or more 
                      members of an organization designated as a foreign 
                      terrorist organization pursuant to section 219 of 
                      the Immigration and Nationality Act (8 U.S.C. 
                      1189) or an individual designated as a specially 
                      designated global terrorist pursuant to Executive 
                      Order 13224 (50 U.S.C. 1701 note; relating to 
                      blocking property and prohibiting transactions 
                      with persons who commit, threaten to commit, or 
                      support terrorism).''.
SEC. 1214. EXTENSION AND MODIFICATION OF COMMANDERS' EMERGENCY 
                          RESPONSE PROGRAM.

    Section 1201 of the National Defense Authorization Act for Fiscal 
Year 2012 (Public Law 112-81; 125 Stat. 1619) is amended--
            (1) in subsection (a)--
                    (A) by striking ``December 31, 2020'' and inserting 
                ``December 31, 2021''; and
                    (B) by striking ``$2,500,000'' and inserting 
                ``$2,000,000'';
            (2) in subsection (b), by striking the subsection 
        designation and heading and all that follows through the period 
        at the end of paragraph (1) and inserting the following:

    ``(b) Quarterly Reports.--
            ``(1) In general.--Beginning in fiscal year 2021, not later 
        than 45 days after the end of each quarter fiscal year, the 
        Secretary of Defense shall submit to the congressional defense 
        committees a report regarding the source of funds and the

[[Page 134 STAT. 3921]]

        allocation and use of funds during that quarter fiscal year that 
        were made available pursuant to the authority provided in this 
        section or under any other provision of law for the purposes of 
        the program under subsection (a).''; and
            (3) in subsection (f), by striking ``December 31, 2020'' and 
        inserting ``December 31, 2021''.
SEC. 1215. LIMITATION ON USE OF FUNDS TO REDUCE DEPLOYMENT TO 
                          AFGHANISTAN.

    (a) <<NOTE: Consultation.>>  Limitation.--Until the date on which 
the Secretary of Defense, in consultation with the Secretary of State 
and the Director of National Intelligence, submits to the appropriate 
congressional committees the report described in subsection (b), none of 
the amounts authorized to be appropriated for fiscal year 2020 or 2021 
for the Department of Defense may be obligated or expended for any 
activity having either of the following effects:
            (1) Reducing the total number of Armed Forces deployed to 
        Afghanistan below the lesser of--
                    (A) 4,000; or
                    (B) the total number of the Armed Forces deployed as 
                of the date of the enactment of this Act.
            (2) Reducing the total number of Armed Forces deployed to 
        Afghanistan below 2,000.

    (b) <<NOTE: Assessments.>>  Report.--The report described in this 
subsection shall include each of the following:
            (1) An assessment of the effect that such a reduction would 
        have on--
                    (A) the ongoing United States counterterrorism 
                mission against the Islamic State, al-Qaeda, and 
                associated forces;
                    (B) the risk to United States personnel in 
                Afghanistan;
                    (C) the risk for the expansion of existing or 
                formation of new international terrorist safe havens 
                inside Afghanistan;
                    (D) the role of United States allies and partners 
                supporting the United States- and North Atlantic Treaty 
                Organization-led missions, including international 
                financial support the Afghan National Defense and 
                Security Forces require in order to maintain operational 
                capabilities and combat effectiveness;
                    (E) United States national security and United 
                States policy toward achieving an enduring diplomatic 
                solution in Afghanistan;
                    (F) the threat posed by the Taliban and other 
                terrorist organizations in Afghanistan to United States 
                national security interests and to those of United 
                States allies and partners;
                    (G) the capacity of the Afghan National Defense and 
                Security Forces to effectively--
                          (i) prevent or defend against attacks by the 
                      Taliban or other terrorist organizations on 
                      civilian populations;
                          (ii) conduct counterterrorism operations 
                      necessary to deny safe harbor to terrorist 
                      organizations that the intelligence community 
                      assesses pose a threat to the United States and 
                      United States interests;
                          (iii) sustain equipment, personnel, and 
                      capabilities; and
                          (iv) protect the sovereignty of Afghanistan;

[[Page 134 STAT. 3922]]

                    (H) the influence of Afghanistan's neighbors and 
                near neighbors on the sovereignty of Afghanistan and the 
                strategic national security interests of the United 
                States in the region.
            (2) <<NOTE: Plan.>>  A plan for the orderly transition of 
        all security-related tasks currently undertaken by the Armed 
        Forces of the United States and nations contributing troops to 
        the Resolute Support Mission in support of the Afghan National 
        Defense and Security Forces to the Government of Afghanistan.
            (3) <<NOTE: Update.>>  An update on the status of any United 
        States citizens detained in Afghanistan and an overview of 
        Administration efforts to secure their release.
            (4) <<NOTE: Time period.>>  An assessment by the 
        intelligence community of the manner and extent to which state 
        actors have provided any incentives to the Taliban, their 
        affiliates, or other foreign terrorist organizations for attacks 
        against United States, coalition, or Afghan security forces or 
        civilians in Afghanistan in the last 2 years, including the 
        details of any attacks believed to have been connected with such 
        incentives.
            (5) Any other matter the Secretary of Defense determines 
        appropriate.

    (c) <<NOTE: Classified information.>>  Form.--The report described 
in subsection (b) shall be submitted in unclassified form without any 
designation relating to dissemination control, but may contain a 
classified annex.

    (d) <<NOTE: President.>>  Waiver.--The President may waive the 
limitation under subsection (a) if the President submits to the 
appropriate congressional committees--
            (1) <<NOTE: Determination.>>  a written determination that 
        the waiver is important to the national security interests of 
        the United States; and
            (2) a detailed explanation of how the waiver furthers those 
        interests.

    (e) Appropriate Congressional Committees Defined.--The term 
``appropriate congressional committees'' means--
            (1) the Committee on Armed Services of the House of 
        Representatives and the Committee on Armed Services of the 
        Senate;
            (2) the Committee on Foreign Affairs of the House of 
        Representatives and the Committee on Foreign Relations of the 
        Senate; and
            (3) the Permanent Select Committee on Intelligence of the 
        House of Representatives and the Select Committee on 
        Intelligence of the Senate.
SEC. 1216. MODIFICATIONS TO IMMUNITY FROM SEIZURE UNDER JUDICIAL 
                          PROCESS OF CULTURAL OBJECTS.

    (a) In General.--The Act of October 19, 1965, entitled ``An Act to 
render immune from seizure under judicial process certain objects of 
cultural significance imported into the United States for temporary 
display or exhibition, and for other purposes'' (22 U.S.C. 2459; 79 
Stat. 985) is amended--
            (1) in subsection (a)--
                    (A) by striking ``the temporary exhibition or 
                display thereof'' each place it appears and inserting 
                ``temporary storage, conservation, scientific research, 
                exhibition, or display'';

[[Page 134 STAT. 3923]]

                    (B) by striking ``cultural or educational 
                institutions'' and inserting ``cultural, educational, or 
                religious institutions with the capacity to 
                appropriately curate such object''; and
                    (C) by striking ``any such cultural or educational 
                institution'' and inserting ``any such cultural, 
                educational, or religious institution with the capacity 
                to appropriately curate such object''; and
            (2) by adding at the end the following:

    ``(d) <<NOTE: Definitions.>>  For purposes of this section, the 
terms `imported' and `importation' include a transfer from a mission of 
a foreign country located within the United States to a cultural, 
educational, or religious institution located within the United 
States.''.

    (b) <<NOTE: 22 USC 2459 note.>>  Afghanistan.--
            (1) In general.--A work of art or other object of cultural 
        significance that is imported into the United States for 
        temporary storage, conservation, scientific research, 
        exhibition, or display shall be deemed to be immune from seizure 
        under such Act of October 19, 1965 (22 U.S.C. 2459) (as amended 
        by subsection (a)), and the provisions of such Act shall apply 
        in the same manner and to the same extent to such work or 
        object, if--
                    (A) the work or object is exported from Afghanistan 
                with an export permit or license duly issued by the 
                Government of Afghanistan; and
                    (B)(i) an agreement is entered into between the 
                Government of Afghanistan and the cultural, educational, 
                or religious institution with the capacity to 
                appropriately curate such object within the United 
                States that specifies the conditions for such material 
                to be returned to Afghanistan; or
                    (ii) the work or object is transferred to a 
                cultural, educational, or religious institution with the 
                capacity to appropriately curate such object in the 
                United States in accordance with an agreement described 
                in clause (i) that also includes an authorization to 
                transfer such work or object to other such institutions 
                in the United States.
SEC. 1217. CONGRESSIONAL OVERSIGHT OF UNITED STATES TALKS WITH 
                          TALIBAN OFFICIALS AND AFGHANISTAN'S 
                          COMPREHENSIVE PEACE PROCESS.

    (a) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations, the 
                Committee on Armed Services, and the Select Committee on 
                Intelligence of the Senate; and
                    (B) the Committee on Foreign Affairs, the Committee 
                on Armed Services, and the Permanent Select Committee on 
                Intelligence of the House of Representatives.
            (2) Government of afghanistan.--The term ``Government of 
        Afghanistan'' means the Government of the Islamic Republic of 
        Afghanistan and its agencies, instrumentalities, and controlled 
        entities.
            (3) The taliban.--The term ``the Taliban''--
                    (A) refers to the organization that refers to itself 
                as the ``Islamic Emirate of Afghanistan'', that was 
                founded

[[Page 134 STAT. 3924]]

                by Mohammed Omar, and that is currently led by Mawlawi 
                Hibatullah Akhundzada; and
                    (B) includes subordinate organizations, such as the 
                Haqqani Network, and any successor organization.
            (4) February 29 agreement.--The term ``February 29 
        Agreement'' refers to the political arrangement between the 
        United States and the Taliban titled ``Agreement for Bringing 
        Peace to Afghanistan Between the Islamic Emirate of Afghanistan 
        which is not recognized by the United States as a state and is 
        known as the Taliban and the United States of America'' signed 
        at Doha, Qatar on February 29, 2020.

    (b) <<NOTE: Deadlines.>>  Oversight of Peace Process and Other 
Agreements.--
            (1) <<NOTE: Consultations. Certification.>>  Transmission to 
        congress of materials relevant to the february 29 agreement.--
        Not later than January 10, 2021, the Secretary of State, in 
        consultation with the Secretary of Defense, shall certify to the 
        appropriate congressional committees that all materials relevant 
        to the February 29 Agreement have been submitted to such 
        committees. If the Secretary of State cannot so certify because 
        materials relevant to the February 29 Agreement have not been 
        submitted, the Secretary of State, in consultation with the 
        Secretary of Defense, shall submit such materials not later than 
        January 15, 2021.
            (2) Submission to congress of any subsequent agreements 
        involving the taliban.--The Secretary of State shall submit to 
        the appropriate congressional committees, within 5 days of 
        conclusion and on an ongoing basis thereafter, any agreement or 
        arrangement subsequent to the February 29 Agreement involving 
        the Taliban, as well as materials relevant to any subsequent 
        agreement or arrangement involving the Taliban.
            (3) Definitions.--In this subsection, the terms ``materials 
        relevant to the February 29 Agreement'' and ``materials relevant 
        to any subsequent agreement or arrangement'' include all 
        annexes, appendices, and instruments for implementation of the 
        February 29 Agreement or a subsequent agreement or arrangement, 
        as well as any understandings or expectations related to the 
        February 29 Agreement or a subsequent agreement or arrangement.

    (c) Report on Verification and Compliance.--
            (1) <<NOTE: President.>>  In general.--Not later than 90 
        days after the date of the enactment of this Act, and not less 
        frequently than once every 120 days thereafter, the President 
        shall submit to the appropriate congressional committees a 
        report verifying whether the key tenets of the February 29 
        Agreement, or subsequent agreements or arrangements, and 
        accompanying instruments for implementation are being upheld.
            (2) Elements.--Each report required by paragraph (1) shall 
        include the following:
                    (A) <<NOTE: Assessments.>>  An assessment of each of 
                the following:
                          (i) The Taliban's compliance with the February 
                      29 Agreement, including counterterrorism 
                      guarantees and guarantees to deny safe haven and 
                      freedom of movement to al-Qaeda and other 
                      terrorist threats from operating on territory 
                      under its influence.

[[Page 134 STAT. 3925]]

                          (ii) Whether the United States intelligence 
                      community has collected intelligence indicating 
                      the Taliban does not intend to uphold its 
                      commitments.
                          (iii) <<NOTE: Assessment.>>  The current 
                      relationship between the Taliban and al-Qaeda, 
                      including an assessment of the relationship 
                      between the Haqqani Network and al-Qaeda.
                          (iv) The relationship between the Taliban and 
                      any other terrorist group that is assessed to 
                      threaten the security of the United States or its 
                      allies, including any change in conduct since 
                      February 29, 2020.
                          (v) The status of intra-Afghan discussions, 
                      including, in the event an intra-Afghan governing 
                      agreement is achieved, an assessment of the 
                      sustainability of such agreement.
                          (vi) The status of human rights, including the 
                      rights of women, minorities, and youth.
                          (vii) The access of women, minorities, and 
                      youth to education, justice, and economic 
                      opportunities in Afghanistan.
                          (viii) The status of the rule of law and 
                      governance structures at the central, provincial, 
                      and district levels of government.
                          (ix) The media and the press and civil 
                      society's operating space in Afghanistan.
                          (x) Illicit narcotics production in 
                      Afghanistan, its linkages to terrorism, 
                      corruption, and instability, and policies to 
                      counter illicit narcotics flows.
                          (xi) Any efforts by Iran, China, Russia, or 
                      any other external actor to affect the February 29 
                      Agreement.
                          (xii) The efforts of the Government of 
                      Afghanistan to fulfill the commitments under the 
                      Joint Declaration between the Islamic Republic of 
                      Afghanistan and the United States of America for 
                      Bringing Peace to Afghanistan, issued on February 
                      29, 2020.
                          (xiii) The progress made by the Afghanistan 
                      Ministry of Interior and the Office of the 
                      Attorney General to address gross violations of 
                      human rights by civilian security forces, the 
                      Taliban, and nongovernment armed groups, 
                      including--
                                    (I) <<NOTE: Analysis.>>  an analysis 
                                of resources provided by the Government 
                                of Afghanistan for such efforts; and
                                    (II) <<NOTE: Summary.>>  a summary 
                                of assistance provided by the United 
                                States Government to support such 
                                efforts.
                    (B) The number of Taliban and Afghan prisoners and 
                any plans for the release of such prisoners from either 
                side.
                    (C) A detailed overview of Afghan national-level 
                efforts to promote transitional justice, including 
                forensic efforts and documentation of war crimes, mass 
                killings, or crimes against humanity, redress to 
                victims, and reconciliation activities.
                    (D) A detailed overview of United States support for 
                Government of Afghanistan and civil society efforts to 
                promote peace and justice at the local level and the 
                manner in which such efforts inform government-level 
                policies and negotiations.

[[Page 134 STAT. 3926]]

            (3) <<NOTE: Classified information.>>  Form.--Each report 
        required by paragraph (1) shall be submitted in unclassified 
        form, but may include a classified annex.

    (d) Rule of Construction.--Nothing in this section shall prejudice 
whether a subsequent agreement or arrangement involving the Taliban 
constitutes a treaty for purposes of Article II of the Constitution of 
the United States.
    (e) Sunset.--Except for subsections (b) and (d), the provisions of 
this section shall cease to be effective on the date that is 5 years 
after the date of the enactment of this Act.
SEC. 1218. STRATEGY FOR POST-CONFLICT ENGAGEMENT ON HUMAN RIGHTS 
                          IN AFGHANISTAN.

    (a) <<NOTE: Consultation. Deadline.>>  In General.--The Secretary of 
State, in consultation with the Administrator of the United States 
Agency for International Development and other relevant Federal 
departments and agencies, shall submit to the Committee on Foreign 
Affairs of the House of Representatives and the Committee on Foreign 
Relations of the Senate not later than 120 days after a final Afghan 
Reconciliation Agreement is reached between the Government of 
Afghanistan and the Taliban, a strategy to support the protection and 
promotion of basic human rights in Afghanistan, especially the human 
rights of women and girls.

    (b) Required Elements.--The Secretary of State shall seek to ensure 
that activities carried out under the strategy--
            (1) employ rigorous monitoring and evaluation methodologies, 
        including ex-post evaluation, and gender analysis as defined by 
        the Women's Entrepreneurship and Economic Empowerment Act of 
        2018 (Public Law 115-428) and required by the U.S. Strategy on 
        Women, Peace, and Security;
            (2) disaggregate all data collected and reported by age, 
        gender, marital and motherhood status, disability, and urbanity, 
        to the extent practicable and appropriate; and
            (3) advance the principles and objectives specified in the 
        Policy Guidance on Promoting Gender Equality of the Department 
        of State and the Gender Equality and Female Empowerment Policy 
        of the United States Agency for International Development.
SEC. 1219. MODIFICATION TO REPORT ON ENHANCING SECURITY AND 
                          STABILITY IN AFGHANISTAN.

    Section 1225(b) of the Carl Levin and Howard P. ``Buck'' McKeon 
National Defense Authorization Act for Fiscal Year 2015 (Public Law 113-
291; 128 Stat. 3550) is amended by adding at the end the following:
            ``(10) <<NOTE: Assessments.>>  Civilian casualties.--
                    ``(A) <<NOTE: Analysis.>>  An analysis of civilian 
                casualties caused by--
                          ``(i) the Afghan National Defense and Security 
                      Forces; and
                          ``(ii) the Taliban and other terrorist 
                      organizations in Afghanistan.
                    ``(B) A description of current training and advisory 
                efforts to improve the Government of Afghanistan's 
                capability to minimize civilian casualties and other 
                harm to civilians and civilian infrastructure in 
                compliance with the laws of armed conflict, to include 
                its principles of military necessity, proportionality, 
                and distinction, and any gaps

[[Page 134 STAT. 3927]]

                or weaknesses in Afghanistan's capability to minimize 
                civilian casualties and other such harm.
                    ``(C) An assessment of the progress of 
                implementation of the Government of Afghanistan's 
                National Civilian Casualty and Mitigation and Prevention 
                Policy.
                    ``(D) An assessment of the Government of 
                Afghanistan's capacity and mechanisms to assess and 
                investigate reports of civilian casualties.
            ``(11) District-level stability assessment.--
                    ``(A) In general.--The production of a district-
                level stability assessment that displays the level of 
                Government of Afghanistan versus insurgent control and 
                influence of districts that the Department of Defense 
                discontinued in 2018, to include district, population, 
                and territorial control data.
                    ``(B) <<NOTE: Data.>>  Public availability.--The 
                Secretary of Defense shall make publicly available the 
                assessments and data relating to the assessments 
                described in subparagraph (A).
            ``(12) Other matters.--Any other matters the Secretary of 
        Defense determines to be relevant.''.
SEC. 1220. REPORT ON OPERATION FREEDOM'S SENTINEL.

    (a) Fiscal Year 2021.--Not later than 90 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
Committee on Armed Services of the House of Representatives and the 
Committee on Armed Services of the Senate a report on Operation 
Freedom's Sentinel for fiscal year 2021.
    (b) Fiscal Years 2022 and 2023.--To accompany the materials relating 
to Operation Freedom's Sentinel submitted to Congress by the Secretary 
of Defense in support of the budget of the President (as submitted to 
Congress pursuant to section 1105 of title 31, United States Code) for 
fiscal year 2022 and fiscal year 2023, the Secretary shall submit to the 
Committee on Armed Services of the House of Representatives and the 
Committee on Armed Services of the Senate a report on Operation 
Freedom's Sentinel.
    (c) <<NOTE: List.>>  Matters To Be Included.--The report required by 
subsection (a) and each report required by subsection (b) shall include 
a list and description of activities, exercises, and funding amounts 
carried out under the operation, including--
            (1) specific direct war costs;
            (2) activities that occur in Afghanistan;
            (3) activities that occur outside of Afghanistan, including 
        training and costs relating to personnel;
            (4) activities that are funded by any of the services that 
        are part of the operation's budget request;
            (5) activities related to transportation, logistics, and 
        other support; and
            (6) any other matters the Secretary determines to be 
        relevant.

[[Page 134 STAT. 3928]]

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

SEC. 1221. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE 
                          ASSISTANCE TO COUNTER THE ISLAMIC STATE 
                          OF IRAQ AND SYRIA.

    (a) In General.--Subsection (a) of section 1236 of the Carl Levin 
and Howard P. ``Buck'' McKeon National Defense Authorization Act for 
Fiscal Year 2015 (Public Law 113-291; 128 Stat. 3558) is amended by 
striking ``December 31, 2020'' and inserting ``December 31, 2021''.
    (b) Funding.--Subsection (g) of such section is amended--
            (1) by striking ``fiscal year 2020'' and inserting ``fiscal 
        year 2021''; and
            (2) by striking ``$645,000,000'' and inserting 
        ``$322,500,000''.

    (c) Waiver Authority; Scope.--Subsection (j)(3) of such section is 
amended--
            (1) by striking ``congressional defense committees'' each 
        place it appears and inserting ``appropriate congressional 
        committees''; and
            (2) by adding at the end the following:
                    ``(C) Appropriate congressional committees 
                defined.--In this paragraph, the term `appropriate 
                congressional committees' means--
                          ``(i) the Committee on Armed Services, the 
                      Committee on Foreign Affairs, and the Committee on 
                      Appropriations of the House of Representatives; 
                      and
                          ``(ii) the Committee on Armed Services, the 
                      Committee on Foreign Relations, and the Committee 
                      on Appropriations of the Senate.''.

    (d) <<NOTE: 10 USC 221 note.>>  Report and Budget Details Regarding 
Operation Inherent Resolve.--
            (1) Report required.--At the same time as the submission of 
        the budget of the President (as submitted to Congress pursuant 
        to section 1105 of title 31, United States Code) for fiscal year 
        2022 and each fiscal year thereafter, the Secretary of Defense 
        shall submit a report with accompanying budgetary details 
        regarding Operation Inherent Resolve.
            (2) Elements of report.--At a minimum, the report required 
        by paragraph (1) shall include--
                    (A)(i) for the first report, a history of the 
                operation and its objectives; and
                    (ii) for each subsequent report, a description of 
                the operation and its objectives during the prior fiscal 
                year;
                    (B) a detailed description of the weapons and 
                equipment purchased using the Counter-ISIS Train and 
                Equip Fund in the prior fiscal year;
                    (C) <<NOTE: List.>>  a list and description of 
                activities and exercises carried out under the operation 
                during the prior fiscal year;
                    (D) a description of the purpose and goals of such 
                activities and exercises and an assessment of the degree 
                to which stated goals were achieved during the prior 
                fiscal year;

[[Page 134 STAT. 3929]]

                    (E) a description of criteria used to judge the 
                effectiveness of joint exercises and other efforts to 
                build partner capacity under the operation during the 
                prior fiscal year;
                    (F) a description of the forces deployed under the 
                operation, their deployment locations, and activities 
                undertaken;
                    (G) the information required under paragraph (3); 
                and
                    (H) any other matters the Secretary determines 
                appropriate.
            (3) Elements of budgetary details.--At a minimum, the 
        budgetary details accompanying the report required by paragraph 
        (1)--
                    (A) shall include--
                          (i) a description of expenditures related to 
                      the operation for the fiscal year preceding the 
                      fiscal year of the budget covered by the report;
                          (ii) with respect to the amount requested for 
                      the operation in the budget covered by the 
                      report--
                                    (I) any significant change in 
                                methodology used to determine the 
                                budgetary details included in the report 
                                and the categories used to organize such 
                                details; and
                                    (II) a narrative justification for 
                                any significant changes in the amount 
                                requested as compared to the amount 
                                requested and the amount expended for 
                                the fiscal year preceding the fiscal 
                                year of the budget covered by the 
                                report; and
                          (iii) with respect to the estimated direct and 
                      indirect expenditures for the operation in the 
                      budget covered by the report--
                                    (I) detailed information on the 
                                estimated direct expenditures and 
                                indirect expenditures broken down by 
                                category (including with respect to 
                                operations, force protection, in-theater 
                                support, equipment reset and readiness, 
                                military construction, mobilization, 
                                incremental and total deployment costs, 
                                and exercises) and any additional 
                                accounts and categories the Secretary 
                                determines to be relevant; and
                                    (II) a description of the 
                                methodology and metrics used by the 
                                Secretary to define the contribution of 
                                indirect costs to the operation or an 
                                explanation of pro-rated amounts based 
                                on the level of support provided to the 
                                operation; and
                    (B) may include a breakdown of expenditures and the 
                amount requested for the operation in the budget covered 
                by the report by line item, including with respect to 
                procurement accounts, military personnel accounts, 
                operation and maintenance accounts, research, 
                development, test, and evaluation accounts, and military 
                construction accounts.
            (4) <<NOTE: Classified information.>>  Form.--The report and 
        accompanying budget details required by paragraph (1) shall be 
        submitted in unclassified form, but may include a classified 
        annex.
            (5) Sunset.--The requirements of this subsection shall 
        terminate on the date on which Operation Inherent Resolve (or a 
        successor operation) concludes.

[[Page 134 STAT. 3930]]

            (6) Definitions.--In this subsection:
                    (A) The term ``direct expenditures'' means, with 
                respect to amounts expended or estimated to be expended 
                for Operation Inherent Resolve, amounts used directly 
                for supporting counter-ISIS activities and missions.
                    (B) The term ``indirect expenditures'' means, with 
                respect to amounts expended or estimated to be expended 
                for Operation Inherent Resolve, amounts used for 
                programs or activities that the Secretary of Defense 
                determines enable the Armed Forces to carry out the 
                operation.
SEC. 1222. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE 
                          ASSISTANCE TO VETTED SYRIAN GROUPS AND 
                          INDIVIDUALS.

    (a) In General.--Section 1209 of the Carl Levin and Howard P. 
``Buck'' McKeon National Defense Authorization Act for Fiscal Year 2015 
(Public Law 113-291; 128 Stat. 3451) is amended--
            (1) in the section heading, by striking ``the vetted syrian 
        opposition'' and inserting ``vetted syrian groups and 
        individuals''; and
            (2) in subsection (a), by striking ``December 31, 2020'' and 
        inserting ``December 31, 2021''.

    (b) Notice Before Provision of Assistance.--Subsection (b)(2)(A) of 
such section is amended--
            (1) by striking ``10-percent'' and inserting ``25-percent''; 
        and
            (2) by striking ``fiscal year 2019 or fiscal year 2020'' and 
        inserting ``fiscal year 2019, fiscal year 2020, or fiscal year 
        2021''.

    (c) <<NOTE: Deadline.>>  Certification.--Not later than 30 days 
after the date of the enactment of this Act, the Secretary of Defense 
shall certify to the congressional defense committees, the Committee on 
Foreign Relations of the Senate, and the Committee on Foreign Affairs of 
the House of Representatives that no United States military forces are 
being used or have been used for the extraction, transport, transfer, or 
sale of oil from Syria.
SEC. 1223. EXTENSION AND MODIFICATION OF AUTHORITY TO SUPPORT 
                          OPERATIONS AND ACTIVITIES OF THE OFFICE 
                          OF SECURITY COOPERATION IN IRAQ.

    (a) Limitation on Amount.--Subsection (c) of section 1215 of the 
National Defense Authorization Act for Fiscal Year 2012 (10 U.S.C. 113 
note) is amended--
            (1) by striking ``fiscal year 2020'' and inserting ``fiscal 
        year 2021''; and
            (2) by striking ``$30,000,000'' and inserting 
        ``$25,000,000''.

    (b) Source of Funds.--Subsection (d) of such section is amended by 
striking ``fiscal year 2020'' and inserting ``fiscal year 2021''.
    (c) Limitation on Availability of Funds.--Subsection (h) of such 
section is amended to read as follows:
    ``(h) <<NOTE: Plans.>>  Limitation on Availability of Funds.--Of the 
amount made available for fiscal year 2021 to carry out this section, 
not more than $15,000,000 may be obligated or expended for the Office of 
Security Cooperation in Iraq until the date on which the Secretary of 
Defense provides to the congressional defense committees, the Committee 
on Foreign Affairs of the House of Representatives, and the Committee on 
Foreign Relations of the Senate the following:

[[Page 134 STAT. 3931]]

            ``(1) A staffing plan to reorganize the Office in a manner 
        similar to that of other security cooperation offices in the 
        region that--
                    ``(A) emphasizes the placement of personnel with 
                regional or security cooperation expertise in key 
                leadership positions;
                    ``(B) closes duplicative or extraneous sections;
                    ``(C) includes the number and type of validated 
                billets funded by the Department of Defense necessary to 
                support the Office; and
                    ``(D) <<NOTE: Timeline.>>  outlines the process and 
                provides a timeline for validating billets funded by the 
                Department of State necessary to support the Office.
            ``(2) <<NOTE: Reports. Time period.>>  A progress report 
        with respect to the initiation of bilateral engagement with the 
        Government of Iraq with the objective of establishing a joint 
        mechanism for security assistance planning, including a five-
        year security assistance roadmap for developing sustainable 
        military capacity and capabilities and enabling defense 
        institution building and reform.
            ``(3) A plan to transition the preponderance of funding for 
        the activities of the Office from current sources to the Foreign 
        Military Financing Administrative Fund and the Foreign Military 
        Sales Trust Fund Administrative Surcharge Account in future 
        years.''.
SEC. 1224. PROHIBITION ON PROVISION OF WEAPONS AND OTHER FORMS OF 
                          SUPPORT TO CERTAIN ORGANIZATIONS.

    None of the funds authorized to be appropriated by this Act or 
otherwise made available for the Department of Defense for fiscal year 
2021 may be used to knowingly provide weapons or any other form of 
support to Al Qaeda, the Islamic State of Iraq and Syria (ISIS), Jabhat 
Fateh al Sham, Hamas, Hizballah, Palestine Islamic Jihad, al-Shabaab, 
Islamic Revolutionary Guard Corps, or any individual or group affiliated 
with any such organization.
SEC. 1225. <<NOTE: 10 USC 221 note.>>  REPORT AND BUDGET DETAILS 
                          REGARDING OPERATION SPARTAN SHIELD.

    (a) Report Required.--At the same time as the submission of the 
budget of the President (as submitted to Congress pursuant to section 
1105 of title 31, United States Code) for fiscal year 2022 and each 
fiscal year thereafter, the Secretary of Defense shall submit a report 
with accompanying budgetary details regarding Operation Spartan Shield.
    (b) Elements of Report.--At a minimum, the report required by 
subsection (a) shall include--
            (1)(A) for the first report, a history of the operation and 
        its objectives; and
            (B) for each subsequent report, a description of the 
        operation and its objectives during the prior fiscal year;
            (2) <<NOTE: List.>>  a list and description of activities 
        and exercises carried out under the operation during the prior 
        fiscal year;
            (3) <<NOTE: Assessment.>>  a description of the purpose and 
        goals of such activities and exercises and an assessment of the 
        degree to which stated goals were achieved during the prior 
        fiscal year;

[[Page 134 STAT. 3932]]

            (4) a description of criteria used to judge the 
        effectiveness of joint exercises and other efforts to build 
        partner capacity under the operation during the prior fiscal 
        year;
            (5) a description of the forces deployed under the 
        operation, their deployment locations, and activities 
        undertaken;
            (6) the information required under subsection (c); and
            (7) any other matters the Secretary determines appropriate.

    (c) Elements of Budgetary Details.--At a minimum, the budgetary 
details accompanying the report required by subsection (a)--
            (1) shall include--
                    (A) a description of expenditures related to the 
                operation for the fiscal year preceding the fiscal year 
                of the budget covered by the report;
                    (B) with respect to the amount requested for the 
                operation in the budget covered by the report--
                          (i) any significant change in methodology used 
                      to determine the budgetary details included in the 
                      report and the categories used to organize such 
                      details; and
                          (ii) a narrative justification for any 
                      significant changes in the amount requested as 
                      compared to the amount requested and the amount 
                      expended for the fiscal year preceding the fiscal 
                      year of the budget covered by the report; and
                    (C) with respect to the estimated direct and 
                indirect expenditures for the operation in the budget 
                covered by the report--
                          (i) <<NOTE: Determination.>>  detailed 
                      information on the estimated direct expenditures 
                      and indirect expenditures broken down by category 
                      (including with respect to operations, force 
                      protection, in-theater support, equipment reset 
                      and readiness, military construction, 
                      mobilization, incremental and total deployment 
                      costs, and exercises) and any additional accounts 
                      and categories the Secretary determines to be 
                      relevant; and
                          (ii) a description of the methodology and 
                      metrics used by the Secretary to define the 
                      contribution of indirect costs to the operation or 
                      an explanation of pro-rated amounts based on the 
                      level of support provided to the operation; and
            (2) may include a breakdown of expenditures and the amount 
        requested for the operation in the budget covered by the report 
        by line item, including with respect to procurement accounts, 
        military personnel accounts, operation and maintenance accounts, 
        research, development, test, and evaluation accounts, and 
        military construction accounts.

    (d) <<NOTE: Classified information.>>  Form.--The report and 
accompanying budget details required by subsection (a) shall be 
submitted in unclassified form, but may include a classified annex.

    (e) Sunset.--The requirements of this section shall terminate on the 
date on which Operation Spartan Shield (or a successor operation) 
concludes.
    (f) Definitions.--In this section:
            (1) The term ``direct expenditures'' means, with respect to 
        amounts expended or estimated to be expended for Operation 
        Spartan Shield, amounts used directly for supporting deterrence 
        activities and missions.

[[Page 134 STAT. 3933]]

            (2) The term ``indirect expenditures'' means, with respect 
        to amounts expended or estimated to be expended for Operation 
        Spartan Shield, amounts used for programs or activities that the 
        Secretary of Defense determines enable the Armed Forces to carry 
        out the operation.

                 Subtitle D--Matters Relating to Russia

SEC. 1231. EXTENSION OF LIMITATION ON MILITARY COOPERATION BETWEEN 
                          THE UNITED STATES AND THE RUSSIAN 
                          FEDERATION.

    Section 1232(a) of the National Defense Authorization Act for Fiscal 
Year 2017 (Public Law 114-328; 130 Stat. 2488) is amended by striking 
``, 2019, or 2020'' and inserting ``2019, 2020, or 2021''.
SEC. 1232. MATTERS RELATING TO UNITED STATES PARTICIPATION IN THE 
                          OPEN SKIES TREATY.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the decision of the United States to withdraw from the 
        Open Skies Treaty, while taken in accordance with paragraph 2 of 
        Article XV of the Treaty, did not comply with the requirement in 
        section 1234(a) of the National Defense Authorization Act for 
        Fiscal Year 2020 (133 Stat. 1648; 22 U.S.C. 2593a note) to 
        notify Congress not fewer than 120 days prior to any such 
        announcement; and
            (2) in the future, confidence and security building measures 
        that are designed to reduce the risk of conflict, increase trust 
        among participating states, and contribute to military 
        transparency should continue to play a central role in United 
        States' engagement with Europe and its efforts to promote 
        transatlantic security.

    (b) <<NOTE: Deadlines.>>  Notification Required.--
            (1) In general.--Not later than 90 days after withdrawal of 
        the United States from the Open Skies Treaty pursuant to Article 
        XV of the Treaty, the Secretary of Defense and the Secretary of 
        State shall jointly submit to the appropriate congressional 
        committees--
                    (A) a notification and description of any agreements 
                that the United States has concluded with other state 
                parties to the Treaty that host United States military 
                forces and assets to ensure that after such withdrawal 
                the United States will be provided sufficient notice by 
                such state parties of requests for observation flights 
                over the territories of such state parties under the 
                Treaty; or
                    (B) if the United States has not concluded any such 
                agreements described in subparagraph (A), a description 
                of how the United States will consistently and reliably 
                be provided with sufficient warning of observation 
                flights described in subparagraph (A) by other means, 
                including a description of assets and personnel and 
                policy implications of using such other means.
            (2) <<NOTE: Records.>>  Submission of agreements.--Not later 
        than 90 days after withdrawal of the United States from the Open 
        Skies Treaty pursuant to Article XV of the Treaty, the Secretary 
        of Defense and the Secretary of State shall jointly submit

[[Page 134 STAT. 3934]]

        to the appropriate congressional committees copies of the 
        agreements described in paragraph (1)(A).

    (c) Report.--
            (1) <<NOTE: Coordination.>>  In general.--Not later than 
        March 1, 2021, the Secretary of Defense and the Secretary of 
        State, in coordination with the Director of National 
        Intelligence and the Under Secretary of Defense for Intelligence 
        and Security, shall jointly submit to the appropriate 
        congressional committees a report on the effects of a withdrawal 
        of the United States from the Open Skies Treaty.
            (2) Matters to be included.--The report required by 
        paragraph (1) shall include the following:
                    (A) A description of how the United States will 
                replace the military-to-military contacts and diplomatic 
                engagement opportunities with United States allies 
                provided by the Treaty.
                    (B) A description of--
                          (i) the options available to the United States 
                      for obtaining unclassified, publicly-releasable 
                      imagery similar to that which it currently 
                      receives under the Treaty, and if any of those 
                      options are planned to be used;
                          (ii) if national technical means are used as a 
                      replacement to obtain such imagery--
                                    (I) how the requirements previously 
                                satisfied by collection under the Treaty 
                                will be prioritized within the National 
                                Intelligence Priorities Framework;
                                    (II) options for mitigating any gaps 
                                in collection should such mitigation be 
                                necessary, and if any of those options 
                                are planned to be used, and if none are 
                                necessary, an explanation of the 
                                rationale for not mitigating any such 
                                gaps; and
                                    (III) requirements and timelines for 
                                declassification of imagery for public 
                                release; and
                          (iii) if commercial imagery is used as a 
                      replacement to obtain such imagery--
                                    (I) contractual actions and 
                                associated timelines needed to purchase 
                                such imagery;
                                    (II) estimated costs to purchase 
                                commercial imagery equivalent to that 
                                which is obtained under the Treaty; and
                                    (III) estimates of costs to share 
                                such imagery with other state parties to 
                                the Treaty.
                    (C) A description of options available to the United 
                States for replacing intelligence information, other 
                than imagery, obtained pursuant to the implementation of 
                the Treaty, and if any of those options are planned to 
                be used.
                    (D) A description of the options available to the 
                United States for continuing dialogue with Russia in a 
                manner similar to the formal communications mechanisms 
                provided for under the Treaty or that were used as 
                confidence-building measures, and if any of those 
                options are planned to be used.
                    (E) All unedited responses to the questionnaire 
                provided to United States allies by the United States in 
                2019

[[Page 134 STAT. 3935]]

                and all official statements provided to the United 
                States by United States allies in 2019 or 2020 relating 
                to United States withdrawal from the Treaty.
                    (F) <<NOTE: Assessment.>>  An assessment of the 
                impact of such withdrawal on--
                          (i) United States leadership in the North 
                      Atlantic Treaty Organization (NATO); and
                          (ii) cohesion and cooperation among NATO 
                      member states.
                    (G) A description of options to continue confidence-
                building measures similar to those provided for under 
                the Treaty with other state parties to the Treaty that 
                are United States allies and which, if any, the United 
                States may consider pursuing.
                    (H) <<NOTE: Assessment.>>  An assessment by the 
                Defense Intelligence Agency of the impact of such 
                withdrawal on--
                          (i) its ability to assess Russian military 
                      capabilities and the balance of forces in Europe; 
                      and
                          (ii) the ability of Russia to assess United 
                      States military capabilities in the United States 
                      and in Europe.
                    (I) <<NOTE: Assessment.>>  A description of the 
                means the United States will use to influence future 
                decisions regarding certifications of new sensors, such 
                as synthetic aperture radar sensors, under the Treaty 
                that could pose additional risk to deployed United 
                States military forces and assets, and an assessment of 
                their potential effectiveness.
            (3) <<NOTE: Classified information.>>  Form.--The report 
        required by paragraph (1) shall be submitted in unclassified 
        form but may contain a classified annex.

    (d) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' 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) Observation flight.--The term ``observation flight'' has 
        the meaning given such term in Article II of the Open Skies 
        Treaty.
            (3) Open skies treaty; treaty.--The term ``Open Skies 
        Treaty'' or ``Treaty'' means the Treaty on Open Skies, done at 
        Helsinki March 24, 1992, and entered into force January 1, 2002.
SEC. 1233. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO 
                          SOVEREIGNTY OF THE RUSSIAN FEDERATION 
                          OVER CRIMEA.

    (a) Prohibition.--None of the funds authorized to be appropriated by 
this Act or otherwise made available for fiscal year 2021 for the 
Department of Defense may be obligated or expended to implement any 
activity that recognizes the sovereignty of the Russian Federation over 
Crimea.

[[Page 134 STAT. 3936]]

    (b) Waiver.--The Secretary of Defense, with the concurrence of the 
Secretary of State, may waive the prohibition under subsection (a) if 
the Secretary of Defense--
            (1) <<NOTE: Determination.>>  determines that a waiver is in 
        the national security interest of the United States; and
            (2) <<NOTE: Notification.>>  on the date on which the waiver 
        is invoked, submits a notification of the waiver and a 
        justification of the reason for seeking the waiver to--
                    (A) the Committee on Armed Services and the 
                Committee on Foreign Relations of the Senate; and
                    (B) the Committee on Armed Services and the 
                Committee on Foreign Affairs of the House of 
                Representatives.
SEC. 1234. <<NOTE: Assessments.>>  ANNUAL REPORT ON MILITARY AND 
                          SECURITY DEVELOPMENTS INVOLVING THE 
                          RUSSIAN FEDERATION.

    (a) <<NOTE: Consultation. Classified information.>>  Report 
Required.--Not later than June 1 of each year, the Secretary of Defense, 
in consultation with the heads of other relevant Federal agencies, shall 
submit to the appropriate congressional committees a report, in both 
classified and unclassified form, on the security and military 
strategies and capabilities of the Russian Federation (in this section 
referred to as ``Russia'').

    (b) Matters To Be Included.--The report required under subsection 
(a) shall include the following:
            (1) An assessment of the security priorities and objectives 
        of Russia, including those priorities and objectives that would 
        affect the North Atlantic Treaty Organization (NATO), the Middle 
        East, and the People's Republic of China.
            (2) A description of the goals and factors shaping Russian 
        security strategy and military strategy, including military 
        spending and investment priorities and their alignment with the 
        security priorities and objectives described in paragraph (1).
            (3) A description of developments in Russian military 
        doctrine and training.
            (4) An assessment of the force structure of the Russian 
        military.
            (5) An assessment of the force structure and capabilities of 
        Russian military forces stationed in each of the Arctic, 
        Kaliningrad, and Crimea, including a description of any changes 
        to such force structure or capabilities during the one-year 
        period ending on the date of such report and with a particular 
        emphasis on the anti-access and area denial capabilities of such 
        forces.
            (6) An assessment of Russian military strategy and 
        objectives for the Arctic region.
            (7) A description of the status of testing, production, 
        deployment, and sale or transfer to other states or non-state 
        actors of cruise missile systems by the Russian Federation.
            (8) A description of Russia's current missile defense 
        strategy and capabilities, including efforts to develop missile 
        defense capabilities.
            (9) An assessment of the tactics, techniques, and procedures 
        used by Russia in operations in Ukraine.
            (10) An assessment of Russia's diplomatic, economic, and 
        intelligence operations in Ukraine.
            (11) <<NOTE: Summary.>>  A summary of all significant 
        Russian military-to-military cooperation with foreign 
        militaries, major training and

[[Page 134 STAT. 3937]]

        exercises, and foreign military deployments, including listing 
        for each deployment the estimated number of forces deployed, the 
        types of capabilities deployed (including any advanced weapons), 
        the length of deployment as of such date, and, if known, any 
        military-to-military agreement such as a basing agreement with 
        the host nation.
            (12) An assessment of the proliferation activities of Russia 
        and Russian entities, as a supplier of materials, technologies, 
        or expertise relating to nuclear weapons or other weapons of 
        mass destruction or missile systems.
            (13) <<NOTE: Analysis.>>  Developments in Russia's nuclear 
        program, including the size and state of Russia's stockpile, an 
        analysis of the nuclear strategy and associated doctrine of 
        Russia and of the capabilities, range, and readiness of all 
        Russian nuclear systems and delivery methods.
            (14) A description of Russia's anti-access and area denial 
        capabilities.
            (15) A description of Russia's modernization program for its 
        command, control, communications, computers, intelligence, 
        surveillance, and reconnaissance program and its applications 
        for Russia's precision guided weapons.
            (16) <<NOTE: Consultation.>>  In consultation with the 
        Secretary of Energy and the Secretary of State, developments 
        regarding United States-Russian engagement and cooperation on 
        security matters.
            (17) A description of Russia's asymmetric capabilities, 
        including its strategy and efforts to develop and deploy 
        electronic warfare, space and counterspace, and cyber warfare 
        capabilities, including details on the number of malicious cyber 
        incidents and associated activities against Department of 
        Defense networks that are known or suspected to have been 
        conducted or directed by the Government of the Russian 
        Federation.
            (18) An assessment of Russia's hybrid warfare strategy and 
        capabilities, including--
                    (A) Russia's information warfare strategy and 
                capabilities, including the use of misinformation, 
                disinformation, and propaganda in social and traditional 
                media;
                    (B) Russia's financing of political parties, think 
                tanks, media organizations, and academic institutions;
                    (C) Russia's malicious cyber activities;
                    (D) Russia's use of coercive economic tools, 
                including sanctions, market access, and differential 
                pricing, especially in energy exports; and
                    (E) Russia's use of criminal networks and corruption 
                to achieve political objectives.
            (19) An assessment of attempts by Russia, or any foreign 
        person acting as an agent of or on behalf of Russia, during the 
        preceding year to knowingly disseminate Russian-supported 
        disinformation or propaganda, through social media applications 
        or related Internet-based means, to members of the Armed Forces 
        with probable intent to cause injury to the United States or 
        advantage the Government of the Russian Federation.
            (20) <<NOTE: Summary. Time period.>>  The current state and 
        summary of United States military-to-military cooperation with 
        Russia's armed forces during the one-year period ending on the 
        date that is one month before the date of submission of the 
        report, including a summary of topics discussed.

[[Page 134 STAT. 3938]]

            (21) <<NOTE: Time period.>>  A description of any military-
        to-military cooperation planned for the 12-month period 
        beginning on the date of submission of the report and an 
        assessment by the Secretary of Defense of the benefits the 
        Department of Defense expects to gain from such military-to-
        military cooperation as well as any concerns regarding such 
        cooperation.
            (22) A description of changes to United States policy on 
        military-to-military contacts with Russia resulting from 
        Russia's annexation of Crimea.
            (23) A description and assessment of efforts by the Russian 
        Federation and associated agents, entities, and proxies to 
        support or encourage attacks against Armed Forces and personnel 
        of the United States engaged in named contingency operations or 
        combat.
            (24) Other military and security developments involving 
        Russia that the Secretary of Defense considers relevant to 
        United States national security.

    (c) <<NOTE: List. Notifications.>>  Nonduplication.--If any 
information required under subsection (b) has been included in another 
report or notification previously submitted to Congress as required by 
law, the Secretary of Defense may provide a list of such reports and 
notifications at the time of submitting the report required by 
subsection (a) in lieu of including such information in the report 
required by subsection (a).

    (d) <<NOTE: Web posting.>>  Publishing Requirement.--Upon submission 
of the report required under subsection (a) in both classified and 
unclassified form, the Secretary of Defense shall publish the 
unclassified form on the website of the Department of Defense.

    (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate; and
            (2) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives.

    (f) Repeal.--Section 1245 of the Carl Levin and Howard P. ``Buck'' 
McKeon National Defense Authorization Act for Fiscal Year 2015 (Public 
Law 113-291; 128 Stat. 3566) is hereby repealed.
    (g) Sunset.--This section shall terminate on January 31, 2026.
SEC. 1235. MODIFICATION AND EXTENSION OF UKRAINE SECURITY 
                          ASSISTANCE INITIATIVE.

    Section 1250 of the National Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114-92; 129 Stat. 1068) is amended--
            (1) in subsection (c)--
                    (A) in paragraph (1), by striking ``50 percent of 
                the funds available for fiscal year 2020 pursuant to 
                subsection (f)(5)'' and inserting ``50 percent of the 
                funds available for fiscal year 2021 pursuant to 
                subsection (f)(6)'';
                    (B) in paragraph (2)(B)--
                          (i) in clause (iv), by striking ``; and'' at 
                      the end and inserting a semicolon;
                          (ii) in clause (v), by striking the period at 
                      the end and inserting a semicolon; and
                          (iii) by adding at the end the following:

[[Page 134 STAT. 3939]]

                          ``(vi) transformation of command and control 
                      structures and roles in line with North Atlantic 
                      Treaty Organization principles; and
                          ``(vii) improvement of human resources 
                      management, including to support career management 
                      reforms, enhanced social support to military 
                      personnel and their families, and professional 
                      military education systems.'';
                    (C) in paragraph (3), by striking ``fiscal year 
                2020'' and inserting ``fiscal year 2021''; and
                    (D) in paragraph (5) to read as follows:
            ``(5) Lethal assistance.--Of the funds available for fiscal 
        year 2021 pursuant to subsection (f)(6), $75,000,000 shall be 
        available only for lethal assistance described in paragraphs 
        (2), (3), (11), (12), (13), and (14) of subsection (b).'';
            (2) in subsection (f), by adding at the end the following:
            ``(6) For fiscal year 2021, $250,000,000.''; and
            (3) in subsection (h), by striking ``December 31, 2022'' and 
        inserting ``December 31, 2023''.
SEC. 1236. <<NOTE: Assessments.>>  REPORT ON CAPABILITY AND 
                          CAPACITY REQUIREMENTS OF MILITARY FORCES 
                          OF UKRAINE AND RESOURCE PLAN FOR 
                          SECURITY ASSISTANCE.

    (a) Report.--Not later than 180 days after the date of the enactment 
of this Act, the Secretary of Defense and the Secretary of State shall 
jointly submit to the appropriate committees of Congress a report on the 
capability and capacity requirements of the military forces of the 
Government of Ukraine, which shall include the following:
            (1) An identification of the capability gaps and capacity 
        shortfalls of the military of Ukraine, including--
                    (A) an assessment of the requirements of the 
                Ukrainian navy to accomplish its assigned missions; and
                    (B) an assessment of the requirements of the 
                Ukrainian air force to accomplish its assigned missions.
            (2) An assessment of the relative priority assigned by the 
        Government of Ukraine to addressing such capability gaps and 
        capacity shortfalls.
            (3) An assessment of the capability gaps and capacity 
        shortfalls that--
                    (A) could be addressed in a sufficient and timely 
                manner by unilateral efforts of the Government of 
                Ukraine; or
                    (B) are unlikely to be addressed in a sufficient and 
                timely manner solely through unilateral efforts.
            (4) An assessment of the capability gaps and capacity 
        shortfalls described in paragraph (3)(B) that could be addressed 
        in a sufficient and timely manner by--
                    (A) the Ukraine Security Assistance Initiative of 
                the Department of Defense;
                    (B) Department of Defense security assistance 
                authorized by section 333 of title 10, United States 
                Code;
                    (C) the Foreign Military Financing and Foreign 
                Military Sales programs of the Department of State; or
                    (D) the provision of excess defense articles 
                pursuant to the requirements of the Arms Export Control 
                Act (22 U.S.C. 2751 et seq.).

[[Page 134 STAT. 3940]]

            (5) An assessment of the human resource requirements of the 
        Office of Defense Cooperation at the United States Embassy in 
        Kyiv and any gaps in its capacity to transfer and facilitate 
        security assistance to Ukraine.
            (6) <<NOTE: Recommenda- tions.>>  Any recommendations the 
        Secretaries deem appropriate concerning coordination of security 
        assistance efforts of the Department of Defense and Department 
        of State with respect to Ukraine.

    (b) <<NOTE: Deadline.>>  Resource Plan.--Not later than February 15, 
2022, the Secretary of State and Secretary of Defense shall jointly 
submit to the appropriate committees of Congress a report on resourcing 
United States security assistance with respect to Ukraine, which shall 
include the following:
            (1) <<NOTE: Time periods.>>  A plan to resource the 
        following initiatives and programs with respect to Ukraine in 
        fiscal year 2023 and the four succeeding fiscal years to assist 
        Ukraine in meeting the most critical capability gaps and 
        capacity shortfalls of the military forces of Ukraine:
                    (A) The Ukraine Security Assistance Initiative of 
                the Department of Defense.
                    (B) Department of Defense security assistance 
                authorized by section 333 of title 10, United States 
                Code.
                    (C) The Foreign Military Financing and Foreign 
                Military Sales programs of the Department of State.
                    (D) The provision of excess defense articles 
                pursuant to the requirements of the Arms Export Control 
                Act (22 U.S.C. 2751 et seq.).
            (2) With respect to the Ukrainian navy:
                    (A) A capability development plan, with milestones, 
                describing the manner in which the United States will 
                assist the Government of Ukraine in meeting the 
                requirements described in subsection (a)(1)(A).
                    (B) A plan for United States cooperation with third 
                countries and international organizations that have the 
                resources and ability to provide immediate assistance to 
                the Ukrainian navy, while maintaining interoperability 
                with United States platforms to the extent feasible.
                    (C) A plan to prioritize Excess Defense Articles for 
                the Ukrainian navy to the maximum extent practicable 
                during the time period described in paragraph (1).
                    (D) An assessment of the extent to which United 
                States security assistance to the Ukrainian navy is in 
                the national security interests of the United States.
            (3) With respect to the Ukrainian air force--
                    (A) a capability development plan, with milestones, 
                detailing how the United States will assist the 
                Government of Ukraine in meeting the requirements 
                described in subsection (a)(1)(B);
                    (B) a plan for United States cooperation with third 
                countries and international organizations that have the 
                resources and ability to provide immediate assistance to 
                the Ukrainian air force, while maintaining 
                interoperability with United States platforms to the 
                extent feasible;
                    (C) a plan to prioritize excess defense articles for 
                the Ukraine air force to the maximum extent practicable 
                during the time period described in paragraph (1);

[[Page 134 STAT. 3941]]

                    (D) an assessment of the extent to which United 
                States security assistance to the Ukrainian air force is 
                in the national security interests of the United States.
            (4) An assessment of the progress on defense institutional 
        reforms in Ukraine, including in the Ukrainian navy and air 
        force, in the time period described in paragraph (1) that will 
        be essential for--
                    (A) enabling effective use and sustainment of 
                capabilities developed under security assistance 
                authorities described in this section;
                    (B) enhancing the defense of Ukraine's sovereignty 
                and territorial integrity;
                    (C) achieving the Government of Ukraine's stated 
                goal of meeting NATO standards; and
                    (D) allowing Ukraine to achieve its full potential 
                as a strategic partner of the United States.

    (c) <<NOTE: Classified information.>>  Form.--The report required 
under subsection (a) and the resource plan required under subsection (b) 
shall each be submitted in a classified form with an unclassified 
summary.

    (d) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services, the Committee on 
        Foreign Relations, and the Committee on Appropriations of the 
        Senate; and
            (2) the Committee on Armed Services, the Committee on 
        Foreign Affairs, and the Committee on Appropriations of the 
        House of Representatives.
SEC. 1237. <<NOTE: Assessments.>>  REPORT ON RUSSIAN FEDERATION 
                          SUPPORT OF RACIALLY AND ETHNICALLY 
                          MOTIVATED VIOLENT EXTREMISTS.

    (a) <<NOTE: Consultation.>>  In General.--Not later than 180 days 
after the date of the enactment of this Act, the Director of National 
Intelligence and the Secretary of Defense, with the concurrence of the 
Secretary of State and in consultation with the head of any other 
relevant Federal department or agency, shall jointly submit to the 
appropriate committees of Congress a report on Russian Federation 
support of foreign racially and ethnically motivated violent extremist 
groups and networks, including such support--
            (1) provided by agents and entities of the Russian 
        Federation acting at the direction or for the benefit of the 
        Government of the Russian Federation; and
            (2) as it relates to undermining stability and security and 
        fomenting or sustaining conflict.

    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) <<NOTE: List. Criteria.>>  A list of each foreign 
        racially or ethnically motivated violent extremist group or 
        network known to meet, or suspected of meeting, any of the 
        following criteria:
                    (A) The group or network has been targeted or 
                recruited by the security services of the Russian 
                Federation.
                    (B) The group or network has received support 
                (including training, disinformation or amplification on 
                social media platforms, financial support, and any other 
                support) from the Russian Federation or an agent or 
                entity of the Russian Federation acting at the direction 
                or for the benefit of the Government of the Russian 
                Federation.

[[Page 134 STAT. 3942]]

                    (C) The group has leadership or a base of operations 
                located within the Russian Federation and operates or 
                maintains a chapter or network of the group outside the 
                Russian Federation.
            (2) For each such group or network--
                    (A) an overview of the membership, ideology, and 
                activities;
                    (B) a description of the leadership, plans, 
                intentions, and capabilities;
                    (C) a description of the composition and 
                characteristics, including an assessment whether and to 
                what extent the members of the group or network are also 
                part of a military, security service, or police force;
                    (D) a description of financing and other forms of 
                material support received from the Russian Federation;
                    (E) an assessment whether and to what extent the 
                group or network is engaged in or facilitating military 
                or paramilitary training;
                    (F) an assessment of trends and patterns relating to 
                communications, travel, and training carried out between 
                such group or network and the Russian Federation; and
                    (G) an opportunity analysis with respect to 
                mitigating and disrupting the transnational nexus 
                between such group or network and the Russian 
                Federation.
            (3) An assessment of the manner in which Russian Federation 
        support of such groups or networks aligns with the strategic 
        interests of the Russian Federation with respect to geopolitical 
        competition.
            (4) An assessment of the impact and role of such groups or 
        networks in destabilizing or influencing conflict zones or 
        regional tensions, including by--
                    (A) assisting Russian Federation-backed separatist 
                forces in the Donbas region of Ukraine;
                    (B) destabilizing security on the Crimean peninsula 
                of Ukraine;
                    (C) undermining stability and security in the 
                Balkans; or
                    (D) threatening the support for the North Atlantic 
                Treaty Organization in Southeastern Europe.
            (5) A description of any relationship or affiliation between 
        such groups or networks and ultranationalist or extremist 
        political parties within or outside the Russian Federation, and 
        an assessment of the manner in which the Russian Federation may 
        use such a relationship or affiliation to advance the strategic 
        interests of the Russian Federation.
            (6) A description of the use by the Russian Federation of 
        social media platforms to support or amplify the presence or 
        messaging of such groups or networks outside of the Russian 
        Federation, and an assessment of efforts by the United States, 
        partners, and allies to counter such support or amplification.
            (7) An assessment of the nature and extent of the threat 
        that Russian Federation support of such groups or networks poses 
        to United States counterterrorism efforts and other national 
        security interests.
            (8) <<NOTE: Recommenda- tions.>>  Recommendations, 
        consistent with a whole-of-government approach to countering 
        Russian Federation information warfare and malign influence 
        operations--

[[Page 134 STAT. 3943]]

                    (A) to mitigate the security threat posed by such 
                groups or networks; or
                    (B) to reduce or counter Russian Federation support 
                for such groups or networks.

    (c) <<NOTE: Classified information.>>  Form.--The report required by 
subsection (a) shall be submitted in unclassified form but may include a 
classified annex.

    (d) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services, the Committee on 
        Foreign Relations, and the Select Committee on Intelligence of 
        the Senate; and
            (2) the Committee on Armed Services, the Committee on 
        Foreign Affairs, and the Permanent Select Committee on 
        Intelligence of the House of Representatives.
SEC. 1238. AUTHORIZATION OF REWARDS FOR PROVIDING INFORMATION ON 
                          FOREIGN ELECTION INTERFERENCE.

    Section 36 of the State Department Basic Authorities Act of 1956 (22 
U.S.C. 2708) is amended--
            (1) in subsection (a)(2), by inserting ``foreign election 
        interference,'' before ``transnational organized crime'';
            (2) in subsection (b)--
                    (A) in paragraph (5), by striking ``or (10)'' and 
                inserting ``(10), or (13)'';
                    (B) in paragraph (11), by striking ``or'' after the 
                semicolon at the end;
                    (C) in paragraph (12)--
                          (i) by striking ``sections'' and inserting 
                      ``section'';
                          (ii) by striking ``or (b)(1)'' and inserting 
                      ``or 2914(b)(1)''; and
                          (iii) by striking the period at the end and 
                      inserting ``; or''; and
                    (D) by adding at the end the following new 
                paragraph:
            ``(13) the identification or location of a foreign person 
        that knowingly engaged or is engaging in foreign election 
        interference.''; and
            (3) in subsection (k)--
                    (A) by redesignating paragraphs (3) through (8) as 
                paragraphs (5) through (10), respectively;
                    (B) by inserting after paragraph (2) the following 
                new paragraphs:
            ``(3) Foreign person.--The term `foreign person' means--
                    ``(A) an individual who is not a United States 
                person; or
                    ``(B) a foreign entity.
            ``(4) Foreign election interference.--The term `foreign 
        election interference' means conduct by a foreign person that--
                    ``(A)(i) violates Federal criminal, voting rights, 
                or campaign finance law; or
                          ``(ii) is performed by any person acting as an 
                      agent of or on behalf of, or in coordination with, 
                      a foreign government or criminal enterprise; and
                    ``(B) includes any covert, fraudulent, deceptive, or 
                unlawful act or attempted act, or knowing use of 
                information acquired by theft, undertaken with the 
                specific intent to significantly influence voters, 
                undermine public confidence in election processes or 
                institutions, or influence,

[[Page 134 STAT. 3944]]

                undermine confidence in, or alter the result or reported 
                result of, a general or primary Federal, State, or local 
                election or caucus, including--
                          ``(i) the campaign of a candidate; or
                          ``(ii) a ballot measure, including an 
                      amendment, a bond issue, an initiative, a recall, 
                      a referral, or a referendum.''; and
                    (C) in paragraph (10), as so redesignated, in 
                subparagraph (A), by striking ``and'' after the 
                semicolon and inserting ``or''.

             Subtitle E--Matters Relating to Europe and NATO

SEC. 1241. <<NOTE: 22 USC 9525 note.>>  DETERMINATION AND 
                          IMPOSITION OF SANCTIONS WITH RESPECT TO 
                          TURKEY'S ACQUISITION OF THE S-400 AIR 
                          DEFENSE SYSTEM.

    (a) Sense of Congress.--It is the sense of Congress that it is in 
the national security interest of the United States--
            (1) to deter aggression against North Atlantic Treaty 
        Organization (NATO) allies by the Russian Federation or any 
        other adversary;
            (2) to continue to work with NATO allies to ensure they meet 
        their alliance defense commitments, including through adequate 
        and efficient investments in national defense;
            (3) to work to maintain and strengthen the democratic 
        institutions and practices of all NATO allies, in accordance 
        with the goals of Article 2 of the North Atlantic Treaty;
            (4) to ensure that Turkey remains a critical NATO ally and 
        important military partner for the United States, contributing 
        to key NATO and United States missions and providing support for 
        United States military operations and logistics needs;
            (5) to assist NATO allies in acquiring and deploying modern, 
        NATO-interoperable military equipment and reducing their 
        dependence on Russian or former Soviet-era defense articles;
            (6) to promote opportunities to strengthen the capacity of 
        NATO member states to counter Russian malign influence; and
            (7) to enforce fully the Countering America's Adversaries 
        Through Sanctions Act (22 U.S.C. 9401 et seq.), including by 
        imposing sanctions with respect to any person that the President 
        determines knowingly engages in a significant transaction with a 
        person that is part of, or operates for or on behalf of, the 
        defense or intelligence sectors of the Government of the Russian 
        Federation, as described in section 231 of that Act (22 U.S.C. 
        9525).

    (b) Determination.--The acquisition by the Government of Turkey of 
the S-400 air defense system from the Russian Federation beginning on 
July 12, 2019, constitutes a significant transaction as described in 
section 231 of the Countering America's Adversaries Through Sanctions 
Act (22 U.S.C. 9525).
    (c) <<NOTE: Deadline. President.>>  Imposition of Sanctions.--Not 
later than 30 days after the date of the enactment of this Act, the 
President shall impose

[[Page 134 STAT. 3945]]

five or more of the sanctions described in section 235 of the Countering 
America's Adversaries Through Sanctions Act (22 U.S.C. 9529) with 
respect to each person that knowingly engaged in the acquisition of the 
S-400 air defense system referred to in subsection (b).

    (d) Exception Relating to Importation of Goods.--
            (1) In general.--Notwithstanding any other provision of this 
        section, the authorities and requirements to impose sanctions 
        under this section shall not include the authority or a 
        requirement to impose sanctions on the importation of goods.
            (2) Good defined.--In this subsection, the term ``good'' 
        means any article, natural or man-made substance, material, 
        supply or manufactured product, including inspection and test 
        equipment, and excluding technical data.

    (e) <<NOTE: President. Certification.>>  Termination.--On and after 
the date that is one year after the date on which the President imposes 
sanctions under subsection (c) with respect to a person, the President 
may terminate the application of such sanctions with respect to that 
person if the President submits to the appropriate congressional 
committees a certification that--
            (1) the Government of Turkey and any person acting on its 
        behalf no longer possesses the S-400 air defense system or a 
        successor system;
            (2) no S-400 air defense system or successor system is 
        operated or maintained inside Turkey by nationals of the Russian 
        Federation or persons acting on behalf of the Government of the 
        Russian Federation or the defense sector of the Russian 
        Federation; and
            (3) the President has received reliable assurances from the 
        Government of Turkey that the Government of Turkey will not 
        knowingly engage, or allow any foreign person to engage on its 
        behalf, in pursuing any activity subject to sanctions under 
        section 231 of the Countering America's Adversaries Through 
        Sanctions Act (22 U.S.C. 9525) to reacquire the S-400 air 
        defense system or a successor system.

    (f) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations and the Committee on 
        Armed Services of the Senate; and
            (2) the Committee on Foreign Affairs and the Committee on 
        Armed Services of the House of Representatives.
SEC. 1242. CLARIFICATION AND EXPANSION OF SANCTIONS RELATING TO 
                          CONSTRUCTION OF NORD STREAM 2 OR 
                          TURKSTREAM PIPELINE PROJECTS.

    (a) In General.--Subsection (a)(1) of section 7503 of the Protecting 
Europe's Energy Security Act of 2019 (title LXXV of Public Law 116-92; 
133 Stat. 2300; 22 U.S.C. 9526 note) is amended--
            (1) in subparagraph (A)--
                    (A) by inserting ``or pipe-laying activities'' after 
                ``pipe-laying''; and
                    (B) by striking ``; and'' and inserting a semicolon;
            (2) in subparagraph (B)--
                    (A) in clause (i)--
                          (i) by inserting ``, or facilitated selling, 
                      leasing, or providing,'' after ``provided''; and

[[Page 134 STAT. 3946]]

                          (ii) by striking ``; or'' and inserting a 
                      semicolon;
                    (B) in clause (ii), by striking the period at the 
                end and inserting a semicolon; and
                    (C) by adding at the end the following:
                          ``(iii) provided for those vessels 
                      underwriting services or insurance or reinsurance 
                      necessary or essential for the completion of such 
                      a project;
                          ``(iv) provided services or facilities for 
                      technology upgrades or installation of welding 
                      equipment for, or retrofitting or tethering of, 
                      those vessels if the services or facilities are 
                      necessary or essential for the completion of such 
                      a project; or
                          ``(v) provided services for the testing, 
                      inspection, or certification necessary or 
                      essential for the completion or operation of the 
                      Nord Stream 2 pipeline; and''; and
            (3) by adding at the end the following:
                    ``(C) the consultations carried out pursuant to 
                subsection (i) and describes the nature of the 
                consultations and any concerns raised by the government 
                of Norway, Switzerland, the United Kingdom, or any 
                member country of the European Union.''.

    (b) Exception.--Subsection (e) of such section is amended by adding 
at the end the following:
            ``(6) Exception for certain governments and governmental 
        entities.--Sanctions under this section shall not apply with 
        respect to--
                    ``(A) the European Union;
                    ``(B) the government of Norway, Switzerland, the 
                United Kingdom, or any member country of the European 
                Union; or
                    ``(C) any entity of the European Union or a 
                government described in subparagraph (B) that is not 
                operating as a business enterprise.''.

    (c) Waiver.--Subsection (f) of such section is amended to read as 
follows:
    ``(f) <<NOTE: President.>>  National Interest Waiver.--The President 
may waive the application of sanctions under this section with respect 
to a person if the President--
            ``(1) <<NOTE: Determination.>>  determines that the waiver 
        is in the national interests of the United States; and
            ``(2) <<NOTE: Reports.>>  submits to the appropriate 
        congressional committees a report on the waiver and the reasons 
        for the waiver.''.

    (d) Consultations; Report.--Such section is further amended--
            (1) by redesignating subsection (i) as subsection (k); and
            (2) by inserting after subsection (h) the following:

    ``(i) Consultations.--Before imposing sanctions under this section, 
the Secretary of State shall consult with the relevant governments of 
Norway, Switzerland, the United Kingdom, and member countries of the 
European Union with respect to the imposition of such sanctions.
    ``(j) <<NOTE: Consultation.>>  Report on Impact of Sanctions.--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, and annually thereafter until all sanctions imposed under this 
section have terminated under subsection (h), the Secretary

[[Page 134 STAT. 3947]]

of State, in consultation with the Secretary of the Treasury, shall 
submit to the appropriate congressional committees a report detailing 
the impact of the imposition of sanctions under this section that 
includes information on--
            ``(1) whether the goals of the sanctions have been met;
            ``(2) the diplomatic impact of the sanctions, including on 
        relationships with the governments of Norway, Switzerland, the 
        United Kingdom, and member countries of the European Union; and
            ``(3) the economic impact of the sanctions, including the 
        impact on United States persons.''.

    (e) Definitions.--Subsection (k) of such section, as redesignated by 
subsection (b), is further amended--
            (1) by redesignating paragraph (5) as paragraph (6); and
            (2) by inserting after paragraph (4) the following:
            ``(5) Pipe-laying activities.--The term `pipe-laying 
        activities' means activities that facilitate pipe-laying, 
        including site preparation, trenching, surveying, placing rocks, 
        backfilling, stringing, bending, welding, coating, and lowering 
        of pipe.''.

    (f) <<NOTE: President. Certification. Deadline. 22 USC 9526 note.>>  
Wind-down Period.--The President may not impose sanctions with respect 
to a person identified in the first report submitted under section 
7503(a) of the Protecting Europe's Energy Security Act of 2019, as 
amended by this section, after the date of the enactment of this Act for 
operations subject to sanctions by reason of the amendments made by this 
section if the President certifies in that report that the person has, 
not later than 30 days after such date of enactment, engaged in good 
faith efforts to wind down such operations.
SEC. 1243. EXTENSION OF AUTHORITY FOR TRAINING FOR EASTERN 
                          EUROPEAN NATIONAL SECURITY FORCES IN THE 
                          COURSE OF MULTILATERAL EXERCISES.

    Subsection (h) of section 1251 of the National Defense Authorization 
Act for Fiscal Year 2016 (10 U.S.C. 333 note) is amended--
            (1) in the first sentence, by striking ``December 31, 2021'' 
        and inserting ``December 31, 2023''; and
            (2) in the second sentence, by striking ``the period 
        beginning on October 1, 2015, and ending on December 31, 2021'' 
        and inserting ``the period beginning on October 1, 2015, and 
        ending on December 31, 2023''.
SEC. 1244. SENSE OF CONGRESS ON SUPPORT FOR THE NORTH ATLANTIC 
                          TREATY ORGANIZATION.

    It is the sense of Congress that--
            (1) the success of the North Atlantic Treaty Organization 
        (NATO) is critical to achieving United States national security 
        objectives in Europe and around the world;
            (2) NATO remains the strongest and most successful military 
        alliance in the world, founded on a commitment by its members to 
        uphold the principles of democracy, individual liberty, and the 
        rule of law, and its contributions to the collective defense are 
        indispensable to the security, prosperity, and freedom of its 
        members;
            (3) the United States reaffirms its ironclad commitment to 
        NATO as the foundation of transatlantic security and to uphold 
        its obligations under the North Atlantic Treaty, including 
        Article 5 of the Treaty;

[[Page 134 STAT. 3948]]

            (4) the 2018 National Defense Strategy identifies long-term 
        strategic competition with Russia as a principal priority and 
        highlights the essential role that a strong NATO alliance must 
        play in implementing that strategy and addressing shared 
        security concerns;
            (5) the United States should deepen defense cooperation with 
        non-NATO European partners, reaffirm the open-door policy of 
        NATO, and encourage security sector cooperation between NATO and 
        non-NATO defense partners that complements and strengthens 
        collective defense, interoperability, and allies' commitment to 
        Article 3 of the North Atlantic Treaty;
            (6) bolstering NATO cohesion and enhancing security 
        relationships with non-NATO European partners to counter Russian 
        aggression, including Russia's use of hybrid warfare tactics and 
        its willingness to use military power to alter the status quo, 
        strengthens the United States security interests for the long-
        term strategic competition;
            (7) the continued prioritization of funding for the European 
        Deterrence Initiative, including for purposes of strengthening 
        allied and partner capability and power projection along the 
        eastern flank of NATO, remains critically important;
            (8) the United States and NATO should continue to cooperate 
        on other major shared challenges, such as the COVID-19 pandemic; 
        and
            (9) the policy of the United States should be to work with 
        its NATO and other allies and partners to build permanent 
        mechanisms to strengthen supply chains, enhance supply chain 
        security, fill supply chain gaps, and maintain commitments made 
        at the June 2020 NATO Defense Ministerial, particularly 
        regarding pandemic response preparations.
SEC. 1245. LIMITATION ON UNITED STATES FORCE STRUCTURE REDUCTIONS 
                          IN GERMANY.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the Federal Republic of Germany continues to be a strong 
        ally within the North Atlantic Treaty Organization (NATO) and a 
        critical ally of the United States;
            (2) the presence of the United States Armed Forces in 
        Germany serves as a strong deterrent to Russian Federation 
        military aggression and expansion in Europe and as an essential 
        support platform for carrying out vital national security 
        engagements in the Middle East, Africa, and Afghanistan;
            (3) the presence of approximately 34,500 members of the 
        United States Armed Forces deployed to Germany, and the ability 
        to increase that level as necessary in response to global 
        security challenges, is essential to supporting NATO's 
        operations and its collective deterrence against threats;
            (4) reducing the number of members of the United States 
        Armed Forces in Germany during a time of growing threats in 
        Europe would constitute a grave strategic mistake that would 
        undermine United States national security interests and weaken 
        NATO; and
            (5) the United States should continue--
                    (A) to maintain and strengthen its bilateral 
                relationship with Germany; and

[[Page 134 STAT. 3949]]

                    (B) to maintain a robust military presence in 
                Germany so as to deter aggression against the United 
                States and its allies and partners.

    (b) <<NOTE: Deadline. Assessment. Analyses.>>  Limitation.--The 
Secretary of Defense may not reduce the total number of members of the 
Armed Forces serving on active duty who are stationed in the Federal 
Republic of Germany below 34,500 until 120 days after the date on which 
the Secretary, in consultation with the heads of other relevant Federal 
departments and agencies, submits to the appropriate congressional 
committees a written assessment that contains the following:
            (1) An analysis of whether the reduction in the total number 
        of Armed Forces serving on active duty who are stationed in 
        Germany would be in the national security interest of the United 
        States and would not detract from United States military posture 
        and alignment in the European theater.
            (2) An analysis of the impact of such a reduction on the 
        security of the United States as well as the security of allies 
        and partners of the United States in Europe.
            (3) An analysis of the impact of such a reduction on the 
        deterrence and defense posture of the North Atlantic Treaty 
        Organization (NATO).
            (4) An analysis of the impact of such a reduction on the 
        ability of the Armed Forces to execute contingency plans of the 
        Department of Defense, including ongoing operations executed by 
        United States Central Command and United States Africa Command.
            (5) An analysis of the impact of such a reduction on 
        military families or additional costs for relocation of 
        associated infrastructure.
            (6) An analysis of the impact of such a reduction on 
        military training and major military exercises, including on 
        interoperability and joint activities with allies and partners.
            (7) A description of the consultations made with United 
        States allies and partners in Europe, including a description of 
        the consultations with each member of NATO, regarding such a 
        reduction.
            (8) A description of the capabilities that would be impacted 
        in Germany and any actions designed to mitigate such a 
        reduction.
            (9) A detailed description of the requirements for the 
        Department of Defense to effectuate any relocation and 
        redeployment of members of the Armed Forces from Germany and 
        associated relocation of military families.
            (10) A detailed analysis of the impact of the reduction and 
        redeployment of military capabilities on the ability of the 
        United States to meet commitments under the North Atlantic 
        Treaty as well as the ability to support operations in the 
        Middle East and Africa.
            (11) A detailed analysis of the impact of such reduction and 
        redeployment on the implementation of the National Defense 
        Strategy and on Joint Force Planning.
            (12) A detailed analysis of the cost implications of such a 
        reduction and redeployment, to include the cost of any 
        associated new facilities to be constructed or existing 
        facilities to be renovated at the location to which the members 
        of the Armed Forces are to be moved and stationed and the costs 
        associated with rotational deployments.

[[Page 134 STAT. 3950]]

    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate; and
            (2) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives.

    (d) Sunset.--The limitation in subsection (b) shall terminate on 
September 30, 2021.
SEC. 1246. REPORT ON UNITED STATES MILITARY FORCE POSTURE IN 
                          SOUTHEASTERN EUROPE.

    (a) <<NOTE: Consultation.>>  Report.--Not later than one year after 
the date of the enactment of this Act, the Secretary of Defense, in 
consultation with the Commander of United States European Command, shall 
submit to the congressional defense committees and the Committee on 
Foreign Affairs of the House of Representatives and the Committee on 
Foreign Relations of the Senate a report on United States military force 
posture in the Southeastern Europe region, including the Eastern 
Mediterranean and Black Sea.

    (b) Matters to Be Included.--The report required by subsection (a) 
shall include the following:
            (1) <<NOTE: Assessments.>>  A description and assessment of 
        the strategic significance of Russia's and China's military 
        posture and activities in the region.
            (2) A description of the current presence, including the 
        permanently stationed, rotational, and continuous rotational 
        presence, and any agreements in place governing United States 
        Armed Forces in the region.
            (3) An assessment of the strategic and operational 
        significance of the Eastern Mediterranean and Black Sea for 
        contingency plans of the Department of Defense.
            (4) An assessment of United States military force posture 
        needs in the region to implement the Department of Defense Black 
        Sea strategy in accordance with the provisions of the Report of 
        the Committee on Armed Services of the House of Representatives 
        to Accompany H.R. 2500 (116th Congress; House Report 116-120).
            (5) An assessment of the value, cost, and feasibility of 
        increasing permanently stationed or rotational deployments of 
        the United States Armed Forces in the region, to include 
        assessments of posture in Greece, Romania, Bulgaria, and other 
        relevant locations, and an assessment of available 
        infrastructure and any infrastructure improvements that would be 
        necessary to support such an increase.

    (c) <<NOTE: Classified information.>>  Form.--The report required by 
subsection (a) shall be submitted in a classified form and include an 
unclassified summary.
SEC. 1247. SENSE OF CONGRESS ON SUPPORT FOR COORDINATED ACTION TO 
                          ENSURE THE SECURITY OF BALTIC ALLIES.

    It is the sense of Congress that--
            (1) maintaining the security of the Baltic states of 
        Estonia, Latvia, and Lithuania is critical to achieving United 
        States national security objectives;
            (2) the Baltic states play a crucial role in strategic 
        efforts to deter Russia, maintain the collective security of the 
        North Atlantic Treaty Organization (NATO) alliance, and 
        strengthen bilateral and multilateral defense; and

[[Page 134 STAT. 3951]]

            (3) the United States should continue to pursue efforts 
        consistent with a comprehensive, multilateral assessment of the 
        military requirements of the Baltic states focused on security 
        sector assistance, coordination, and planning designed to ensure 
        the security of the Baltic states and address current and future 
        security challenges.
SEC. 1248. SENSE OF CONGRESS ON THE ROLE OF THE KOSOVO FORCE OF 
                          THE NORTH ATLANTIC TREATY ORGANIZATION.

     It is the sense of Congress that--
            (1) the Kosovo Force of the North Atlantic Treaty 
        Organization continues to play an indispensable role in 
        maintaining security and stability in the Western Balkans, which 
        are the essential predicates for the success of diplomatic 
        efforts between Kosovo and Serbia;
            (2) the participation of the United States Armed Forces in 
        the Kosovo Force is foundational to the credibility and success 
        of mission of the Kosovo Force;
            (3) with the North Atlantic Treaty Organization allies and 
        other European partners contributing over 80 percent of the 
        troops for the mission, the Kosovo Force is a primary example of 
        the long-term benefits of burden sharing to United States 
        national security interests; and
            (4) together with the allies and partners of the United 
        States, the United States should--
                    (A) maintain its commitment to the Kosovo Force;
                    (B) take all appropriate steps to ensure that the 
                Kosovo Force has the necessary personnel, capabilities, 
                and resources to perform its critical mission; and
                    (C) continue to support the gradual transition of 
                the Kosovo Security Force to a multi-ethnic army for the 
                Republic of Kosovo that is interoperable with North 
                Atlantic Treaty Organization members through an 
                inclusive and transparent process that--
                          (i) respects the rights and concerns of all 
                      citizens of Kosovo;
                          (ii) promotes regional security and stability; 
                      and
                          (iii) supports the aspirations of Kosovo for 
                      full Euro-Atlantic integration.

         Subtitle F--Matters Relating to the Indo-Pacific Region

SEC. 1251. PACIFIC DETERRENCE INITIATIVE.

    (a) <<NOTE: 10 USC 113 note.>>  In General.--The Secretary of 
Defense shall establish an initiative, to be known as the ``Pacific 
Deterrence Initiative'' (in this section referred to as the 
``Initiative''), to carry out prioritized activities to enhance the 
United States deterrence and defense posture in the Indo-Pacific region, 
assure allies and partners, and increase capability and readiness in the 
Indo-Pacific region.

    (b) Purpose.--The Initiative required under subsection (a) shall 
carry out the following prioritized activities to improve the design and 
posture of the joint force in the Indo-Pacific region, primarily west of 
the International Date Line:

[[Page 134 STAT. 3952]]

            (1) Modernize and strengthen the presence of the United 
        States Armed Forces, including those with advanced capabilities.
            (2) Improve logistics and maintenance capabilities and the 
        pre-positioning of equipment, munitions, fuel, and materiel.
            (3) Carry out a program of exercises, training, 
        experimentation, and innovation for the joint force.
            (4) Improve infrastructure to enhance the responsiveness and 
        resiliency of the United States Armed Forces.
            (5) Build the defense and security capabilities, capacity, 
        and cooperation of allies and partners.

    (c) Funding.--Of the amounts authorized to be appropriated by this 
Act for the Department of Defense for fiscal year 2021, $2,234,958,000 
is authorized to be made available to carry out the Initiative required 
under subsection (a), as specified in the funding tables in division D 
of this Act.
    (d) <<NOTE: Deadline.>>  Plan Required.--Not later than February 15, 
2021, and annually thereafter, the Secretary, in consultation with the 
Commander of the United States Indo-Pacific Command, shall submit to the 
congressional defense committees a report on future year activities and 
resources for the Initiative that includes the following:
            (1) A description of the activities and resources for the 
        first fiscal year beginning after the date of submission of the 
        report and the plan for not fewer than the four following fiscal 
        years, organized by the activities described in paragraphs (1) 
        through (5) of subsection (b).
            (2) <<NOTE: Summary.>>  A summary of progress made towards 
        achieving the purposes of the Initiative.
            (3) <<NOTE: Summary.>>  A summary of the activity, resource, 
        capability, infrastructure, and logistics requirements necessary 
        to achieve measurable progress in reducing risk to the joint 
        force's ability to achieve objectives in the region, including 
        through investments in--
                    (A) active and passive defenses against unmanned 
                aerial systems and theater cruise, ballistic, and 
                hypersonic missiles;
                    (B) advanced long-range precision strike systems;
                    (C) command, control, communications, computers, 
                intelligence, surveillance, and reconnaissance systems;
                    (D) test range capacity, capability, and 
                coordination;
                    (E) dispersed, resilient, and adaptive basing to 
                support distributed operations, including expeditionary 
                airfields and ports;
                    (F) advanced critical munitions;
                    (G) pre-positioned forward stocks of fuel, 
                munitions, equipment, and materiel;
                    (H) distributed logistics and maintenance 
                capabilities;
                    (I) strategic mobility assets;
                    (J) improved interoperability and information 
                sharing with allies and partners;
                    (K) information operations capabilities;
                    (L) bilateral and multilateral military exercises 
                and training with allies and partners; and
                    (M) use of security cooperation authorities to 
                further build partner capacity.
            (4) A detailed timeline to achieve the requirements 
        identified under paragraph (3).

[[Page 134 STAT. 3953]]

            (5) A detailed explanation of any significant modifications 
        to such requirements, as compared to plans previously submitted 
        under this subsection.
            (6) <<NOTE: Determination.>>  Any other matter, as 
        determined by the Secretary.

    (e) Budget Display Information.--The Secretary shall include a 
detailed budget display for the Initiative in the materials of the 
Department of Defense in support of the budget of the President 
(submitted to Congress pursuant to section 1105 of title 31, United 
States Code) for fiscal year 2022 and each fiscal year thereafter that 
includes the following information:
            (1) The resources necessary for the Initiative to carry out 
        the activities required under subsection (b) for the applicable 
        fiscal year and not fewer than the four following fiscal years, 
        organized by the activities described in paragraphs (1) through 
        (5) of that subsection.
            (2) With respect to procurement accounts--
                    (A) amounts displayed by account, budget activity, 
                line number, line item, and line item title; and
                    (B) a description of the requirements for such 
                amounts specific to the Initiative.
            (3) With respect to research, development, test, and 
        evaluation accounts--
                    (A) amounts displayed by account, budget activity, 
                line number, program element, and program element title; 
                and
                    (B) a description of the requirements for such 
                amounts specific to the Initiative.
            (4) With respect to operation and maintenance accounts--
                    (A) amounts displayed by account title, budget 
                activity title, line number, and subactivity group 
                title; and
                    (B) a description of the specific manner in which 
                such amounts will be used.
            (5) With respect to military personnel accounts--
                    (A) amounts displayed by account, budget activity, 
                budget subactivity, and budget subactivity title; and
                    (B) a description of the requirements for such 
                amounts specific to the Initiative.
            (6) With respect to each project under military construction 
        accounts (including with respect to unspecified minor military 
        construction and amounts for planning and design), the country, 
        location, project title, and project amount by fiscal year.
            (7) With respect to the activities described in subsection 
        (b)--
                    (A) amounts displayed by account title, budget 
                activity title, line number, and subactivity group 
                title; and
                    (B) a description of the specific manner in which 
                such amounts will be used.
            (8) With respect to each military service--
                    (A) amounts displayed by account title, budget 
                activity title, line number, and subactivity group 
                title; and
                    (B) a description of the specific manner in which 
                such amounts will be used.
            (9) With respect to the amounts described in each of 
        paragraphs (2)(A), (3)(A), (4)(A), (5)(A), (6), (7)(A), and 
        (8)(A), a comparison between--
                    (A) the amount in the budget of the President for 
                the following fiscal year;

[[Page 134 STAT. 3954]]

                    (B) the amount projected in the previous budget of 
                the President for the following fiscal year;
                    (C) a detailed summary of funds obligated for the 
                Initiative during the preceding fiscal year; and
                    (D) a detailed comparison of funds obligated for the 
                Initiative during the previous fiscal year to the amount 
                of funds requested for such fiscal year.

    (f) <<NOTE: Deadline.>>  Briefings Required.--Not later than March 
1, 2021, and annually thereafter, the Secretary shall provide to the 
congressional defense committees a briefing on the budget proposal and 
programs, including the budget display information for the applicable 
fiscal year required by subsection (e).

    (g) Repeal.--Section 1251 of the National Defense Authorization Act 
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1676), as most 
recently amended by section 1253 of the John S. McCain National Defense 
Authorization Act for fiscal year 2019 (Public Law 115-232; 132 Stat. 
2054), is repealed.
SEC. 1252. EXTENSION AND MODIFICATION OF PROHIBITION ON COMMERCIAL 
                          EXPORT OF CERTAIN COVERED MUNITIONS 
                          ITEMS TO THE HONG KONG POLICE FORCE.

    (a) In General.--The Act entitled ``An Act to prohibit the 
commercial export of covered munitions items to the Hong Kong Police 
Force'', approved November 27, 2019 (Public Law 116-77; 133 Stat. 1173), 
is amended--
            (1) by amending the title to read as follows: ``An Act to 
        prohibit the commercial export of covered munitions and crime 
        control items to the Hong Kong Police Force.'';
            (2) in section 1(2)--
                    (A) by amending the paragraph heading to read as 
                follows: ``Covered munitions and crime control items ''; 
                and
                    (B) by striking ``covered munitions items'' and 
                inserting ``covered munitions and crime control items'';
            (3) in section 2--
                    (A) in the section heading, by striking ``covered 
                munitions items'' and inserting ``covered munitions and 
                crime control items''; and
                    (B) in subsection (a), by striking ``covered 
                munitions items'' and inserting ``covered munitions and 
                crime control items''; and
            (4) in section 3, by striking ``one year after the date of 
        the enactment of this Act'' and inserting ``on December 31, 
        2021''.

    (b) Technical Corrections to the Hong Kong Autonomy Act.--The Hong 
Kong Autonomy Act of 2020 (Public Law 116-149; 134 Stat. 663) is 
amended--
            (1) in section 2(10), by striking ``The'' and inserting 
        ``Except as otherwise specifically provided, the''; and
            (2) in section 7(b)(7), by inserting ``by any person (as 
        defined in section 4801(8) of title 50, United States Code)'' 
        after ``(in country)''.
SEC. 1253. AUTHORITY TO TRANSFER FUNDS FOR BIEN HOA DIOXIN 
                          CLEANUP.

    (a) Transfer Authority.--Notwithstanding section 2215 of title 10, 
United States Code, the Secretary of Defense may transfer to the 
Secretary of State, for use by the United States Agency

[[Page 134 STAT. 3955]]

for International Development, amounts to be used for the Bien Hoa 
dioxin cleanup in Vietnam.
    (b) Limitation on Amount.--Not more than $15,000,000 may be 
transferred in fiscal year 2021 under the transfer authority in 
subsection (a).
    (c) Additional Transfer Authority.--The transfer authority in 
subsection (a) is in addition to any other transfer authority available 
to the Department of Defense.
    (d) <<NOTE: Determination. Deadline.>>  Notice on Exercise of 
Authority.--If the Secretary of Defense determines to use the transfer 
authority in subsection (a), the Secretary shall notify the 
congressional defense committee of that determination not later than 30 
days before the Secretary uses the transfer authority.
SEC. <<NOTE: 10 USC 113 note.>>  1254. COOPERATIVE PROGRAM WITH 
                          VIETNAM TO ACCOUNT FOR VIETNAMESE 
                          PERSONNEL MISSING IN ACTION.

    (a) <<NOTE: Coordination.>>  In General.--The Secretary of Defense, 
in coordination with the Secretary of State, is authorized to carry out 
a cooperative program with the Ministry of Defense of Vietnam to assist 
in accounting for Vietnamese personnel missing in action.

    (b) Purpose.--The purpose of the cooperative program under 
subsection (a) is to carry out the following activities:
            (1) Collection, digitization, and sharing of archival 
        information.
            (2) Building the capacity of Vietnam to conduct archival 
        research, investigations, and excavations.
            (3) Improving DNA analysis capacity.
            (4) Increasing veteran-to-veteran exchanges.
            (5) Other support activities the Secretary of Defense 
        considers necessary and appropriate.
SEC. 1255. SENSE OF CONGRESS ON THE UNITED STATES-VIETNAM DEFENSE 
                          RELATIONSHIP.

    In commemoration of the 25th anniversary of the normalization of 
diplomatic relations between the United States and Vietnam, Congress--
            (1) welcomes the historic progress and achievements in 
        United States-Vietnam relations over the last 25 years;
            (2) commends the commitment of Vietnam to resolve 
        international disputes through peaceful means on the basis of 
        international law;
            (3) congratulates Vietnam on its chairmanship of the 
        Association of Southeast Asian Nations and its election as a 
        nonpermanent member of the United Nations Security Council, both 
        of which symbolize the positive leadership role of Vietnam in 
        regional and global affairs;
            (4) affirms the commitment of the United States--
                    (A) to respect the independence and sovereignty of 
                Vietnam; and
                    (B) to establish and promote friendly relations and 
                to work together on an equal footing for mutual benefit 
                with Vietnam;
            (5) encourages the United States and Vietnam to elevate 
        their comprehensive partnership to a strategic partnership based 
        on mutual understanding, shared interests, and a common desire 
        to promote peace, cooperation, prosperity, and security in the 
        Indo-Pacific region;

[[Page 134 STAT. 3956]]

            (6) affirms the commitment of the United States to continue 
        to address war legacy issues, including through dioxin 
        remediation, unexploded ordnance removal, accounting for 
        prisoners of war and soldiers missing in action, and other 
        activities; and
            (7) supports deepening defense cooperation between the 
        United States and Vietnam, in support of United States interests 
        and international law, including with respect to maritime 
        security, cybersecurity, counterterrorism, information sharing, 
        human rights, humanitarian assistance and disaster relief, 
        military medicine, peacekeeping operations, defense trade, and 
        other areas.
SEC. <<NOTE: 10 USC 333 note.>>  1256. PILOT PROGRAM TO IMPROVE 
                          CYBER COOPERATION WITH VIETNAM, 
                          THAILAND, AND INDONESIA.

    (a) In General.--The Secretary of Defense, with the concurrence of 
the Secretary of State, may establish, using existing authorities of the 
Department of Defense, a pilot program in Vietnam, Thailand, and 
Indonesia--
            (1) to enhance the cyber security, resilience, and readiness 
        of the military forces of Vietnam, Thailand, and Indonesia; and
            (2) to increase regional cooperation between the United 
        States and Vietnam, Thailand, and Indonesia on cyber issues.

    (b) Elements.--The activities of the pilot program under subsection 
(a) shall include the following:
            (1) Provision of training to military officers and civilian 
        officials in the ministries of defense of Vietnam, Thailand, and 
        Indonesia.
            (2) The facilitation of regular dialogues and trainings 
        among the Department of Defense and the ministries of defense of 
        Vietnam, Thailand, and Indonesia with respect to the development 
        of infrastructure to protect against foreign cyber attacks.
            (3) To undertake, as part of cyber cooperation, training 
        that includes curricula expressly relating to human rights, the 
        rule of law, and internet freedom.

    (c) Reports.--
            (1) <<NOTE: Deadline.>>  Design of pilot program.--Not later 
        than June 1, 2021, the Secretary of Defense, with the 
        concurrence of the Secretary of State, shall submit to the 
        appropriate committees of Congress a report on the design of the 
        pilot program under subsection (a).
            (2) <<NOTE: Assessments.>>  Progress report.--Not later than 
        December 31, 2021, and annually thereafter until the date on 
        which the pilot program terminates under subsection (e), the 
        Secretary of Defense, with the concurrence of the Secretary of 
        State, shall submit to the appropriate committees of Congress a 
        report on the pilot program that includes--
                    (A) a description of the activities conducted and 
                the results of such activities;
                    (B) an assessment of reforms relevant to 
                cybersecurity and technology in enhancing the cyber 
                security, resilience, and readiness of the military 
                forces of Vietnam, Thailand, and Indonesia;

[[Page 134 STAT. 3957]]

                    (C) an assessment of the effectiveness of curricula 
                relating to human rights, the rule of law, and internet 
                freedom; and
                    (D) the content and curriculum of any program made 
                available to participants of such program.

    (d) <<NOTE: Deadline.>>  Certification.--Not later than 30 days 
before the date on which the pilot program under subsection (a) is 
scheduled to commence, the Secretary of Defense, with the concurrence of 
the Secretary of State, shall submit to the appropriate committees of 
Congress a certification indicating whether such program would credibly 
enable, enhance, or facilitate violations of internet freedom or other 
human rights abuses in Vietnam, Indonesia, or Thailand.

    (e) Termination.--The pilot program under subsection (a) shall 
terminate on December 31, 2024.
    (f) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services and the Committee on 
        Foreign Relations of the Senate; and
            (2) the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives.
SEC. 1257. REPORT ON THE COSTS MOST DIRECTLY ASSOCIATED WITH THE 
                          STATIONING OF THE ARMED FORCES IN JAPAN.

    (a) <<NOTE: Consultation.>>  In General.--Not later than February 1, 
2021, the Secretary of State, in consultation with the Secretary of 
Defense, shall submit to the appropriate congressional committees a 
report on the costs most directly associated with the stationing of 
United States forces in Japan that are the subject of the current 
Special Measures Agreement negotiations between the United States 
Government and the Government of Japan. The report shall include--
            (1) a description of each category of costs, including 
        labor, utilities, training relocation, and any other categories 
        the Secretary determines appropriate, that are most directly 
        associated with the stationing of the Armed Forces in Japan;
            (2) a detailed description of which of the costs most 
        directly associated with the stationing of the Armed Forces in 
        Japan are incurred in Japan and which such costs are incurred 
        outside of Japan;
            (3) a description of each category of contributions made by 
        the Government of Japan that allay the costs to United States of 
        stationing the Armed Forces in Japan, as well as the 
        corresponding description of each category of costs incurred by 
        the United States Government;
            (4) the benefits to United States national security and 
        regional security derived from the forward presence of the Armed 
        Forces in Japan;
            (5) the impacts to the national security of the United 
        States, the security of Japan, and peace and stability in the 
        Indo-Pacific region, if a new Special Measures Agreement is not 
        reached before March 31, 2021; and
            (6) any other matters the Secretary determines appropriate.

    (b) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.
    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committee'' means--

[[Page 134 STAT. 3958]]

            (1) the congressional defense committees; and
            (2) the Committee on Foreign Relations of the Senate and the 
        Committee on Foreign Affairs of the House of Representatives.
SEC. 1258. LIMITATION ON USE OF FUNDS TO REDUCE THE TOTAL NUMBER 
                          OF MEMBERS OF THE ARMED FORCES SERVING 
                          ON ACTIVE DUTY WHO ARE DEPLOYED TO SOUTH 
                          KOREA.

    None <<NOTE: Deadline.>>  of the funds authorized to be appropriated 
by this Act may be used to reduce the total number of members of the 
Armed Forces serving on active duty who are deployed to South Korea 
below 28,500 until 90 days after the date on which the Secretary of 
Defense certifies to the congressional defense committees the following:
            (1) Such a reduction is in the national security interest of 
        the United States and will not significantly undermine the 
        security of United States allies in the region.
            (2) The Secretary has appropriately consulted with allies of 
        the United States, including South Korea and Japan, regarding 
        such a reduction.
SEC. <<NOTE: 50 USC 1522 note.>>  1259. IMPLEMENTATION OF GAO 
                          RECOMMENDATIONS ON PREPAREDNESS OF 
                          UNITED STATES FORCES TO COUNTER NORTH 
                          KOREAN CHEMICAL AND BIOLOGICAL WEAPONS.

    (a) Plan Required.--
            (1) In general.--The Secretary of Defense shall develop a 
        plan to address the recommendations in the U.S. Government 
        Accountability Office's report entitled ``Preparedness of U.S. 
        Forces to Counter North Korean Chemical and Biological Weapons'' 
        (GAO-21-104C).
            (2) Elements.--The plan required under paragraph (1) shall, 
        with respect to each recommendation in the report described in 
        paragraph (1) that the Secretary of Defense has implemented or 
        intends to implement, include--
                    (A) <<NOTE: Summary.>>  a summary of actions that 
                have been or will be taken to implement the 
                recommendation; and
                    (B) a schedule, with specific milestones, for 
                completing implementation of the recommendation.

    (b) <<NOTE: Deadline.>>  Submission to Congress.--Not later than 1 
year after the date of the enactment of this Act, the Secretary of 
Defense shall submit to the congressional defense committees the plan 
required under subsection (a).

    (c) Deadline for Implementation.--
            (1) In general.--Except as provided in paragraph (2), not 
        later than 18 months after the date of the enactment of this 
        Act, the Secretary of Defense shall carry out activities to 
        implement the plan developed under subsection (a).
            (2) Exception for implementation of certain 
        recommendations.--
                    (A) Delayed implementation.--The Secretary of 
                Defense may initiate implementation of a recommendation 
                in the report described in subsection (a)(1) after the 
                date specified in paragraph (1) if the Secretary 
                provides the congressional defense committees with a 
                specific justification for the delay in implementation 
                of such recommendation on or before such date.

[[Page 134 STAT. 3959]]

                    (B) Nonimplementation.--The Secretary of Defense may 
                decide not to implement a recommendation in the report 
                described in subsection (a)(1) if the Secretary provides 
                to the congressional defense committees, on or before 
                the date specified in paragraph (1)--
                          (i) a specific justification for the decision 
                      not to implement the recommendation; and
                          (ii) <<NOTE: Summary.>>  a summary of 
                      alternative actions the Secretary plans to take to 
                      address the conditions underlying the 
                      recommendation.
SEC. 1260. <<NOTE: 22 USC 3301 note.>>  STATEMENT OF POLICY AND 
                          SENSE OF CONGRESS ON THE TAIWAN 
                          RELATIONS ACT.

    (a) Statement of Policy.--It is the policy of the United States--
            (1) that the Taiwan Relations Act (Public Law 96-8; 22 
        U.S.C. 3301 et seq.) and the Six Assurances provided by the 
        United States to Taiwan in July 1982 are the foundation for 
        United States-Taiwan relations;
            (2) to fully pursue the deepening of the extensive, close, 
        and friendly relations of the United States and Taiwan pursuant 
        to the Taiwan Relations Act (Public Law 96-8; 22 U.S.C. 3301 et 
        seq.), the intent of which is to facilitate greater cooperation 
        and the broadening and deepening of United States-Taiwan 
        relations;
            (3) that the Taiwan Relations Act (Public Law 96-8; 22 
        U.S.C. 3301 et seq.) shall be implemented and executed, 
        consistent with the Six Assurances, to address evolving 
        political, security, and economic dynamics and circumstances;
            (4) that, as set forth in the Taiwan Relations Act (Public 
        Law 96-8; 22 U.S.C. 3301 et seq.), the United States decision to 
        establish diplomatic relations with the People's Republic of 
        China rests upon the expectation that the future of Taiwan will 
        be determined by peaceful means, and that any effort to 
        determine the future of Taiwan by other than peaceful means, 
        including boycotts and embargoes, is a threat to the peace and 
        security of the Western Pacific area and of grave concern to the 
        United States;
            (5) that the increasingly coercive and aggressive behavior 
        of the People's Republic of China towards Taiwan is contrary to 
        the expectation of the peaceful resolution of the future of 
        Taiwan; and
            (6) as set forth in the Taiwan Relations Act (Public Law 96-
        8; 22 U.S.C. 3301 et seq.), to maintain the capacity to resist 
        any resort to force or other forms of coercion that would 
        jeopardize the security, or the social or economic system, of 
        the people on Taiwan.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should continue to support the 
        development of capable, ready, and modern defense forces 
        necessary for Taiwan to maintain a sufficient self-defense 
        capability, including by--
                    (A) supporting acquisition by Taiwan of defense 
                articles and services through foreign military sales, 
                direct commercial sales, and industrial cooperation, 
                with an emphasis on capabilities that support the 
                asymmetric defense strategy of Taiwan, including anti-
                ship, coastal defense,

[[Page 134 STAT. 3960]]

                anti-armor, air defense, undersea warfare, advanced 
                command, control, communications, computers, 
                intelligence, surveillance, and reconnaissance, and 
                resilient command and control capabilities;
                    (B) ensuring timely review of and response to 
                requests of Taiwan for defense articles and services;
                    (C) conducting practical training and military 
                exercises with Taiwan that enable Taiwan to maintain a 
                sufficient self-defense capability;
                    (D) examining the potential for expanding 
                professional military education and technical training 
                opportunities in the United States for military 
                personnel of Taiwan;
                    (E) increasing exchanges between senior defense 
                officials and general officers of the United States and 
                Taiwan at the strategic, policy, and functional levels, 
                consistent with the Taiwan Travel Act (Public Law 115-
                135; 132 Stat. 341), especially for the purposes of--
                          (i) enhancing cooperation on defense planning;
                          (ii) improving the interoperability of the 
                      military forces of the United States and Taiwan; 
                      and
                          (iii) improving the reserve force of Taiwan; 
                      and
                    (F) expanding cooperation in humanitarian assistance 
                and disaster relief;
            (2) the Secretary of State should ensure that any policy 
        guidance related to United States-Taiwan relations is fully 
        consistent with the statement of policy set forth in subsection 
        (a);
            (3) the Secretary of Defense should ensure that policy 
        guidance related to United States-Taiwan defense relations is 
        fully consistent with the statement of policy set forth in 
        subsection (a); and
            (4) the Secretary of State, the Secretary of Defense, and 
        the heads of other Federal agencies and departments, as 
        appropriate, should issue new guidance as required to carry out 
        such policy.
SEC. 1260A. ANNUAL BRIEFING ON TAIWAN ARMS SALES.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 45 days after 
the date of the enactment of this Act, and annually thereafter, the 
Secretary of State, or his or her designee, shall brief the Committee on 
Foreign Relations of the Senate and the Committee on Foreign Affairs of 
the House of Representatives on the United States commitment to 
supporting Taiwan in maintaining a sufficient self-defense capability, 
as required by the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and 
affirmed in the Asia Reassurance Initiative Act of 2018 (22 U.S.C. 3301 
note).

    (b) Elements.--Each briefing required by subsection (a) shall 
include the following:
            (1) A description of United States efforts to implement 
        section 209(b) of the Asia Reassurance Initiative Act of 2018 
        (22 U.S.C. 3301 note) by conducting regular transfers to Taiwan 
        of defense articles tailored to meet the existing and likely 
        future threats from the People's Republic of China, including 
        any effort to support Taiwan in the development and integration 
        into its military forces of asymmetric capabilities, as 
        appropriate, including mobile, survivable, and cost-effective 
        capabilities.

[[Page 134 STAT. 3961]]

            (2) A description of the role of such transfers of defense 
        articles and services in supporting Taiwan in maintaining the 
        capabilities, readiness levels, and resourcing necessary to 
        fulfill and implement Taiwan's Overall Defense Concept.
            (3) A description of--
                    (A) United States efforts to conduct a regularized 
                process for consideration of transfers of defense 
                articles and services to Taiwan; and
                    (B) any barriers to conducting such a process.

    (c) Sunset.--This section shall cease to have effect on December 31, 
2026.
SEC. 1260B. REPORT ON UNITED STATES-TAIWAN MEDICAL SECURITY 
                            PARTNERSHIP.

    Not <<NOTE: Consultation.>>  later than 180 days after the date of 
the enactment of this Act, the Secretary of Defense, in consultation 
with the Secretary of Health and Human Services, shall submit to the 
Committees on Armed Services of the Senate and the House of 
Representatives a report on the feasibility of establishing a medical 
security partnership with the Ministry of Defense of Taiwan that shall 
include the following:
            (1) The goals and objectives of developing a medical 
        security partnership on issues related to pandemic preparedness 
        and control.
            (2) A discussion of current and future plans to cooperate on 
        medical security activities.
            (3) <<NOTE: Evaluation.>>  An evaluation of the feasibility 
        of cooperating on a range of activities under the partnership, 
        including--
                    (A) research and production of vaccines and 
                medicines;
                    (B) joint conferences with scientists and experts;
                    (C) collaboration relating to and exchanges of 
                medical supplies and equipment; and
                    (D) the use of hospital ships such as the United 
                States Naval Ship Comfort and United States Naval Ship 
                Mercy.
            (4) Any other matters the Secretary of Defense determines 
        appropriate.
SEC. 1260C. ESTABLISHMENT OF CAPABILITIES TO ASSESS THE DEFENSE 
                            TECHNOLOGICAL AND INDUSTRIAL BASES OF 
                            CHINA AND OTHER FOREIGN ADVERSARIES.

    (a) <<NOTE: Coordination.>> Assessments.--The Secretary of Defense, 
in coordination with the heads of other Federal departments and agencies 
as appropriate, shall define intelligence and other information 
requirements, sources, and organizational responsibilities for assessing 
the defense technological and industrial bases of foreign adversaries 
and conducting comparative analyses of such technological and industrial 
bases with respect to their resilience and capacity to support their 
strategic objectives. The requirements, sources, and responsibilities 
shall include--
            (1) examining the competitive military advantages of foreign 
        adversaries, including with respect to regulation, raw 
        materials, use of energy and other natural resources, education, 
        labor, and capital accessibility;
            (2) assessing relative cost, speed of product development, 
        age and value of the installed capital base, leadership's 
        technical competence and agility, nationally-imposed inhibiting 
        conditions by foreign adversaries, the availability of human

[[Page 134 STAT. 3962]]

        and material resources, and reliance on the industrial base of 
        the United States or United States allies and partners;
            (3) <<NOTE: Evaluation.>>  a temporal evaluation of the 
        competitive strengths and weaknesses of United States industry, 
        including manufacturing surge capacity, versus the directed 
        priorities and capabilities of foreign adversary governments; 
        and
            (4) assessing any other issues that the Secretary determines 
        appropriate.

    (b) Methodology.--The Secretary of Defense shall incorporate inputs 
pursuant to subsection (a) as part of a methodology to continuously 
assess domestic and foreign defense industries, markets, and companies 
of significance to military and industrial advantage to identify supply 
chain vulnerabilities.
    (c) Conduct of Assessment Work by Independent Organization.--
            (1) Agreement authorized.--The Secretary of Defense is 
        authorized to enter into an agreement with an independent 
        organization to carry out some of the assessment work required 
        under subsections (a) and (b).
            (2) <<NOTE: Reports.>>  Notification.--If the Secretary 
        enters such an agreement, the Secretary shall, not later than 
        March 15, 2021, provide to the congressional defense committees 
        a report identifying the organization and describing the scope 
        of work under the agreement.

    (d) Reports.--
            (1) Initial report.--Not later than March 15, 2021, the 
        Secretary of Defense shall submit to the congressional defense 
        committees a report on efforts to establish the continuous 
        assessment activity required under subsections (a) and (b), 
        including a notification if the Secretary engages an independent 
        organization, pursuant to subsection (c), to prepare the report 
        described in paragraph (2).
            (2) Subsequent report.--
                    (A) In general.--Not later than August 1, 2021, the 
                Secretary shall submit to the congressional defense 
                committees a report on the first assessment required 
                under subsections (a) and (b) with respect to the 
                People's Republic of China.
                    (B) Elements.--The report required by subparagraph 
                (A) shall include--
                          (i) the information described in subsection 
                      (a);
                          (ii) any exclusive or dominant supply of 
                      military and civilian material, raw materials, or 
                      other goods (or components thereof) essential to 
                      China's national security by the United States or 
                      United States allies and partners; and
                          (iii) the availability of substitutes or 
                      alternative sources for goods identified under 
                      clause (ii).
            (3) Inclusion of independent organization's assessment 
        work.--If the Secretary enters into an agreement with an 
        independent organization under subsection (c), the Secretary 
        shall include the assessment work carried out by the 
        organization under the agreement without change, but may include 
        comments with respect to such assessment work.

[[Page 134 STAT. 3963]]

SEC. 1260D. EXTENSION OF ANNUAL REPORT ON MILITARY AND SECURITY 
                            DEVELOPMENTS INVOLVING THE PEOPLE'S 
                            REPUBLIC OF CHINA.

    Section 1202(a) of the National Defense Authorization Act for Fiscal 
Year 2000 (10 U.S.C. 113 note) is amended in the first sentence by 
striking ``January 31, 2021'' and inserting ``January 31, 2022''.
SEC. 1260E. SENSE OF CONGRESS ON THE AGGRESSION OF THE GOVERNMENT 
                            OF CHINA ALONG THE BORDER WITH INDIA 
                            AND ITS GROWING TERRITORIAL CLAIMS.

    It is the sense of Congress that--
            (1) continued military aggression by the Government of China 
        along the border with India is a significant concern;
            (2) the Government of China should work with the Government 
        of India toward de-escalating the situation along the Line of 
        Actual Control through existing diplomatic mechanisms and 
        refrain from attempting to settle disputes through coercion or 
        force; and
            (3) attempts by the Government of China to advance baseless 
        territorial claims, including those in the South China Sea, the 
        East China Sea, and with respect to Bhutan, are destabilizing 
        and inconsistent with international law.
SEC. 1260F. ASSESSMENT OF NATIONAL CYBER STRATEGY TO DETER CHINA 
                            FROM ENGAGING IN INDUSTRIAL ESPIONAGE 
                            AND CYBER THEFT.

    (a) <<NOTE: Deadline. President.>>  In General.--Not later than 180 
days after the date of the enactment of this Act, the President shall 
submit to the appropriate congressional committees an assessment of the 
effectiveness of the National Cyber Strategy to deter industrial 
espionage and large-scale cyber theft of intellectual property and 
personal information conducted by the People's Republic of China, 
People's Republic of China persons or entities, or persons or entities 
acting on behalf of the People's Republic of China against the United 
States or United States persons.

    (b) Matters to Be Included.--The assessment required by subsection 
(a) shall include the following:
            (1) A discussion of United States interests in preventing 
        such industrial espionage and cyber theft and the impact on the 
        United States and its economy from such activities.
            (2) A general discussion of--
                    (A) the criteria used to determine when the United 
                States Government will seek to deter such industrial 
                espionage and cyber theft; and
                    (B) the means by which the United States will seek 
                to deter such industrial espionage and cyber theft, and 
                demonstrate the credibility of United States resolve to 
                defend its interests in cyberspace.
            (3) An assessment of China's adherence to previous 
        agreements related to such industrial espionage and cyber theft 
        with the United States and applicability of international laws, 
        including known violations.
            (4) An assessment of China's actions to direct proxies, 
        surrogates, or state-sponsored nongovernmental entities to 
        engage in such industrial espionage or cyber theft.

[[Page 134 STAT. 3964]]

            (5) <<NOTE: Recommenda- tions.>>  Recommendations consistent 
        with a whole-of-government approach to countering such 
        industrial espionage and cyber theft.

    (c) Update.--
            (1) <<NOTE: Deadline. President. Summaries.>>  In general.--
        Not later than 1 year after the date of the submission of the 
        assessment required by subsection (a), and biennially 
        thereafter, the President shall submit to the appropriate 
        congressional committees an update of the assessment, 
        including--
                    (A) an update on the effectiveness of the National 
                Cyber Strategy;
                    (B) a summary of the lessons learned; and
                    (C) a summary of any planned changes or 
                recommendations to the effectiveness or implementation 
                of the strategy.
            (2) Sunset.--The requirement to submit the update under 
        paragraph (1) shall terminate on December 31, 2025.

    (d) Form.--The assessment required by subsection (a) and the update 
required by subsection (c) shall be submitted in unclassified form.
    (e) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Affairs, the Committee on Armed 
        Services, the Permanent Select Committee on Intelligence, the 
        Committee on the Judiciary, the Committee on Energy and 
        Commerce, the Committee on Homeland Security, the Committee on 
        Oversight and Reform, and the Committee on Financial Services of 
        the House of Representatives; and
            (2) the Committee on Foreign Relations, the Committee on 
        Armed Services, the Select Committee on Intelligence, the 
        Committee on Banking, Housing, and Urban Affairs, the Committee 
        on Commerce, Science, and Transportation, the Committee on 
        Homeland Security and Government Affairs, and the Committee on 
        the Judiciary of the Senate.
SEC. 1260G. REPORT ON UNITED FRONT WORK DEPARTMENT.

    (a) <<NOTE: Consultation.>>  In General.--Not later than 180 days 
after the date of the enactment of this Act, the Secretary of State, in 
consultation with the head of each relevant Federal department and 
agency, shall submit to the appropriate congressional committees, an 
unclassified report, which may include a classified annex, on the 
national security risks posed by the United Front Work Department of the 
Chinese Communist Party and affiliated organizations in the United 
States and abroad that includes each of the following:
            (1) A description of the extent to which the activities of 
        the United Front Work Department poses a threat to the national 
        defense and national security of the United States.
            (2) <<NOTE: Evaluation.>>  An evaluation of how the United 
        Front Work Department's overseas activities support the Chinese 
        Communist Party's strategy and goals abroad.
            (3) A description of known United Front Work Department 
        political influence operations.
            (4) The strategy and capabilities of the United States 
        Government to detect, deter, counter, and disrupt United Front 
        Work Department influence operations and activities in the

[[Page 134 STAT. 3965]]

        United States and other countries, consistent with the 
        protection of the civil rights, civil liberties, and privacy of 
        all Americans; and
            (5) <<NOTE: Evaluation.>>  An evaluation of the actions the 
        United States Government should consider in response to the 
        activities of the United Front Work Department in the United 
        States and other countries.

    (b) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Relations, the Committee on 
        Armed Services, the Committee on Appropriations, and the Select 
        Committee on Intelligence of the Senate; and
            (2) the Committee on Foreign Affairs, the Committee on Armed 
        Services, the Committee on Appropriations, and the Permanent 
        Select Committee on Intelligence of the House of 
        Representatives.
SEC. 1260H. <<NOTE: 10 USC 113 note.>>  PUBLIC REPORTING OF 
                            CHINESE MILITARY COMPANIES OPERATING 
                            IN THE UNITED STATES.

    (a) Determination.--The Secretary of Defense shall identify each 
entity the Secretary determines, based on the most recent information 
available, is operating directly or indirectly in the United States or 
any of its territories and possessions, that is a Chinese military 
company.
    (b) Reporting and Publication.--
            (1) Annual report.--Not later than April 15, 2021, and 
        annually thereafter until December 31, 2030, the Secretary shall 
        submit to the Committees on Armed Services of the Senate and the 
        House of Representatives a list of each entity identified 
        pursuant to subsection (a) to be a Chinese military company, in 
        classified and unclassified forms, and shall include in such 
        submission, as applicable, an explanation of any entities 
        deleted from such list with respect to a prior list.
            (2) Concurrent publication.--Concurrent with the submission 
        of each list described in paragraph (1), the Secretary shall 
        publish the unclassified portion of such list in the Federal 
        Register.
            (3) Ongoing revisions.--The Secretary shall make additions 
        or deletions to the most recent list submitted under paragraph 
        (1) on an ongoing basis based on the latest information 
        available.

    (c) Consultation.--The Secretary may consult with the head of any 
appropriate Federal department or agency in making the determinations 
described in subsection (a) and shall transmit a copy of each list 
submitted under subsection (b)(1) to the heads of each appropriate 
Federal department and agency.
    (d) Definitions.--In this section:
            (1) Chinese military company.--The term ``Chinese military 
        company''--
                    (A) does not include natural persons; and
                    (B) means an entity that is--
                          (i)(I) directly or indirectly owned, 
                      controlled, or beneficially owned by, or in an 
                      official or unofficial capacity acting as an agent 
                      of or on behalf of, the People's Liberation Army 
                      or any other organization

[[Page 134 STAT. 3966]]

                      subordinate to the Central Military Commission of 
                      the Chinese Communist Party; or
                                    (II) identified as a military-civil 
                                fusion contributor to the Chinese 
                                defense industrial base; and
                          (ii) engaged in providing commercial services, 
                      manufacturing, producing, or exporting.
            (2) Military-civil fusion contributor.--The term ``military-
        civil fusion contributor'' includes any of the following:
                    (A) Entities knowingly receiving assistance from the 
                Government of China or the Chinese Communist Party 
                through science and technology efforts initiated under 
                the Chinese military industrial planning apparatus.
                    (B) Entities affiliated with the Chinese Ministry of 
                Industry and Information Technology, including research 
                partnerships and projects.
                    (C) Entities receiving assistance, operational 
                direction or policy guidance from the State 
                Administration for Science, Technology and Industry for 
                National Defense.
                    (D) Any entities or subsidiaries defined as a 
                ``defense enterprise'' by the State Council of the 
                People's Republic of China.
                    (E) Entities residing in or affiliated with a 
                military-civil fusion enterprise zone or receiving 
                assistance from the Government of China through such 
                enterprise zone.
                    (F) Entities awarded with receipt of military 
                production licenses by the Government of China, such as 
                a Weapons and Equipment Research and Production Unit 
                Classified Qualification Permit, Weapons and Equipment 
                Research and Production Certificate, Weapons and 
                Equipment Quality Management System Certificate, or 
                Equipment Manufacturing Unit Qualification.
                    (G) Entities that advertise on national, provincial, 
                and non-governmental military equipment procurement 
                platforms in the People's Republic of China.
                    (H) Any other entities the Secretary determines is 
                appropriate.
            (3) People's liberation army.--The term ``People's 
        Liberation Army'' means the land, naval, and air military 
        services, the People's Armed Police, the Strategic Support 
        Force, the Rocket Force, and any other related security element 
        within the Government of China or the Chinese Communist Party 
        that the Secretary determines is appropriate.
SEC. 1260I. REPORT ON DIRECTED USE OF FISHING FLEETS.

    (a) Report Required.--Not later than 180 days after the date of the 
enactment of this Act, the Commander of the Office of Naval Intelligence 
shall submit to the appropriate congressional committees an unclassified 
report on the use of distant-water fishing fleets by foreign governments 
as extensions of such countries' official maritime security forces, 
including the manner and extent to which such fishing fleets are 
leveraged in support of naval operations and foreign policy more 
generally. The report shall also consider the threats, on a country-by-
country basis, posed by such use of distant-water fishing fleets to--
            (1) fishing or other vessels of the United States and 
        partner countries;

[[Page 134 STAT. 3967]]

            (2) United States and partner naval and coast guard 
        operations; and
            (3) other interests of the United States and partner 
        countries.

    (b) Appropriate Congressional Committees Defined.--For purposes of 
this section, the term ``appropriate congressional committees'' means--
            (1) the congressional defense committees;
            (2) the Committee on Foreign Relations and the Committee on 
        Commerce, Science, and Transportation of the Senate; and
            (3) the Committee on Foreign Affairs and the Committee on 
        Energy and Commerce of the House of Representatives.

Subtitle <<NOTE: Sudan Democratic Transition, Accountability, and Fiscal 
      Transparency Act of 2020.>>  G--Sudan Democratic Transition, 
Accountability, and Fiscal Transparency Act of 2020
SEC. 1261. <<NOTE: 22 USC 10001 note.>>  SHORT TITLE.

    This subtitle may be cited as the ``Sudan Democratic Transition, 
Accountability, and Fiscal Transparency Act of 2020''.
SEC. <<NOTE: 22 USC 10001.>>  1262. DEFINITIONS.

    Except as otherwise provided, in this subtitle:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Committee on Appropriations of the Senate;
                    (C) the Committee on Foreign Affairs of the House of 
                Representatives; and
                    (D) the Committee on Appropriations of the House of 
                Representatives.
            (2) International financial institutions.--The term 
        ``international financial institutions'' means--
                    (A) the International Monetary Fund;
                    (B) the International Bank for Reconstruction and 
                Development;
                    (C) the International Development Association;
                    (D) the International Finance Corporation;
                    (E) the Inter-American Development Bank;
                    (F) the Asian Development Bank;
                    (G) the Inter-American Investment Corporation;
                    (H) the African Development Bank;
                    (I) the European Bank for Reconstruction and 
                Development;
                    (J) the Multilateral Investment Guaranty Agency; and
                    (K) any multilateral financial institution, 
                established after the date of the enactment of this Act, 
                that could provide financial assistance to the 
                Government of Sudan.
            (3) Sovereignty council.--The term ``Sovereignty Council'' 
        means the governing body of Sudan during the transitional period 
        that consists of--
                    (A) 5 civilians selected by the Forces of Freedom 
                and Change;
                    (B) 5 members selected by the Transitional Military 
                Council; and

[[Page 134 STAT. 3968]]

                    (C) 1 member selected by agreement between the 
                Forces of Freedom and Change and the Transitional 
                Military Council.
            (4) Sudanese security and intelligence services.--The term 
        ``Sudanese security and intelligence services'' means--
                    (A) the Sudan Armed Forces;
                    (B) the Rapid Support Forces,
                    (C) Sudan's Popular Defense Forces and other 
                paramilitary units;
                    (D) Sudan's police forces;
                    (E) the General Intelligence Service, previously 
                known as the National Intelligence and Security 
                Services; and
                    (F) related entities, such as Sudan's Military 
                Industry Corporation.
            (5) Transitional period.--The term ``transitional period'' 
        means the 39-month period beginning on August 17, 2019 (the date 
        of the signing of Sudan's constitutional charter), during 
        which--
                    (A) the members of the Sovereignty Council described 
                in paragraph (3)(B) select a chair of the Council for 
                the first 21 months of the period; and
                    (B) the members of the Sovereignty Council described 
                in paragraph (3)(A) select a chair of the Council for 
                the remaining 18 months of the period.
SEC. 1263. <<NOTE: 22 USC 10002.>>  STATEMENT OF POLICY.

    It is the policy of the United States--
            (1) to support a civilian-led political transition in Sudan 
        that results in a democratic government, which is accountable to 
        its people, respects and promotes human rights, is at peace 
        internally and with its neighbors, and can be a partner for 
        regional stability;
            (2) to support the implementation of Sudan's constitutional 
        charter for the transitional period; and
            (3) to pursue a strategy of calibrated engagement with Sudan 
        that includes--
                    (A) facilitating an environment for free, fair, and 
                credible democratic elections and a pluralistic and 
                representative political system;
                    (B) supporting reforms that improve transparency and 
                accountability, remove restrictions on civil and 
                political liberties, and strengthen the protection of 
                human rights, including religious freedom;
                    (C) strengthening civilian institutions, judicial 
                independence, and the rule of law;
                    (D) empowering civil society and independent media;
                    (E) promoting national reconciliation and enabling a 
                just, comprehensive, and sustainable peace;
                    (F) promoting the role of women in government, the 
                economy, and society, in recognition of the seminal role 
                that women played in the social movement that ousted 
                former president Omar al-Bashir;
                    (G) promoting accountability for genocide, war 
                crimes, crimes against humanity, and sexual and gender-
                based violence;
                    (H) encouraging the development of civilian 
                oversight over and professionalization of the Sudanese 
                security and

[[Page 134 STAT. 3969]]

                intelligence services and strengthening accountability 
                for human rights violations and abuses, corruption, or 
                other abuses of power;
                    (I) promoting economic reform, private sector 
                engagement, and inclusive economic development while 
                combating corruption and illicit economic activity, 
                including that which involves the Sudanese security and 
                intelligence services;
                    (J) securing unfettered humanitarian access across 
                all regions of Sudan;
                    (K) supporting improved development outcomes, 
                domestic resource mobilization, and catalyzing market-
                based solutions to improve access to health, education, 
                water and sanitation, and livelihoods; and
                    (L) promoting responsible international and regional 
                engagement.
SEC. <<NOTE: 22 USC 10003.>>  1264. SUPPORT FOR DEMOCRATIC 
                          GOVERNANCE, RULE OF LAW, HUMAN RIGHTS, 
                          AND FUNDAMENTAL FREEDOMS.

    (a) Sense of Congress.--It is the sense of Congress that the 
political transition in Sudan, following several months of popular 
protests against the regime of Omar al-Bashir, represents an opportunity 
for the United States to support democracy, good governance, rule of 
law, human rights, and fundamental freedoms in Sudan.
    (b) In General.--Notwithstanding any other provision of law (other 
than the Trafficking Victims Protection Act of 2000 and the Child 
Soldiers Prevention Act of 2008), the President is authorized to provide 
assistance under part I and chapter 4 of part II of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.)--
            (1) to provide for democracy and governance programs that 
        strengthen and build the capacity of representative civilian 
        government institutions, political parties, and civil society in 
        Sudan;
            (2) to support the organization of free, fair, and credible 
        elections in Sudan;
            (3) to provide technical support for legal and policy 
        reforms that improve transparency and accountability and protect 
        human rights, including religious freedom, and civil liberties 
        in Sudan;
            (4) to support human rights and fundamental freedoms in 
        Sudan, including the freedoms of--
                    (A) religion or belief;
                    (B) expression, including for members of the press;
                    (C) assembly; and
                    (D) association;
            (5) to support measures to improve and increase women's 
        participation in the political, economic, and social sectors of 
        Sudan; and
            (6) to support other related democracy, good governance, 
        rule of law, and fundamental freedom programs and activities.

    (c) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated to carry out part I and chapter 4 of part II of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) 
for fiscal years 2021 and 2022,

[[Page 134 STAT. 3970]]

$20,000,000 is authorized to be appropriated for each such fiscal year 
to carry out this section.
SEC. 1265. <<NOTE: 22 USC 10004.>>  SUPPORT FOR DEVELOPMENT 
                          PROGRAMS.

    (a) In General.--Notwithstanding any other provision of law (other 
than the Trafficking Victims Protection Act of 2000 and the Child 
Soldiers Prevention Act of 2008), the President is authorized to provide 
assistance under part I and chapter 4 of part II of the Foreign 
Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) and 
under the Better Utilization of Investments Leading to Development Act 
of 2018 (22 U.S.C. 9601 et seq.) for programs in Sudan--
            (1) to increase agricultural and livestock productivity;
            (2) to promote economic growth, increase private sector 
        productivity and advance market-based solutions to address 
        development challenges;
            (3) to support women's economic empowerment and economic 
        opportunities for youth and previously marginalized populations;
            (4) to improve equal access to quality basic education;
            (5) to support the capacity of universities to equip 
        students to participate in a pluralistic and global society 
        through virtual exchange and other programs;
            (6) to improve access to water, sanitation, and hygiene 
        projects;
            (7) to build the capacity of national and subnational 
        government officials to support the transparent management of 
        public resources, promote good governance through combating 
        corruption and improving accountability, increase economic 
        productivity, and increase domestic resource mobilization; and
            (8) to support other related economic assistance programs 
        and activities.

    (b) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated to carry out part I and chapter 4 of part II of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) 
for fiscal years 2021 and 2022, $80,000,000 is authorized to be 
appropriated for each such fiscal year to carry out this section.
SEC. 1266. <<NOTE: 22 USC 10005.>>  SUPPORT FOR CONFLICT 
                          MITIGATION.

    (a) In General.--Notwithstanding any other provision of law (other 
than the Trafficking Victims Protection Act of 2000 and the Child 
Soldiers Prevention Act of 2008), the President is authorized to provide 
assistance under part I and chapters 4, 5, and 6 of part II of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq., 2346 et seq., 
and 2348 et seq.)--
            (1) to support long-term peace and stability in Sudan by 
        promoting national reconciliation and enabling a just, 
        comprehensive, and sustainable peace, especially in regions that 
        have been underdeveloped or affected by war, such as the states 
        of Darfur, South Kordofan, Blue Nile, Red Sea, and Kassala;
            (2) to support civil society and other organizations working 
        to address conflict prevention, mitigation, and resolution 
        mechanisms and people-to-people reconciliation in Sudan, 
        especially those addressing issues of marginalization and 
        vulnerable groups, equal protection under the law, natural 
        resource

[[Page 134 STAT. 3971]]

        management, compensation and restoration of property, voluntary 
        return, and sustainable solutions for displaced persons and 
        refugees;
            (3) to strengthen civilian oversight of the Sudanese 
        security and intelligence services and ensure that such services 
        are not contributing to the perpetuation of conflict in Sudan 
        and to the limitation of the civil liberties of all people in 
        Sudan;
            (4) to assist in the human rights vetting and professional 
        training of security force personnel due to be employed or 
        deployed by the Sudanese security and intelligence services in 
        regions that have been underdeveloped or affected by war, such 
        as the states of Darfur, South Kordofan, Blue Nile, Red Sea, and 
        Kassala, including members of any security forces being 
        established pursuant to a peace agreement relating to such 
        regions;
            (5) to support provisions of the Comprehensive Peace 
        Agreement of 2005 and Abyei protocol, as appropriate, unless 
        otherwise superseded by a new agreement signed in good faith--
                    (A) between stakeholders in this region and the 
                Governments of Sudan and South Sudan to hold a free, 
                fair, and credible referendum on the status of Abyei; 
                and
                    (B) between stakeholders in this region and the 
                Government of Sudan to support popular consultations on 
                the status of the states of South Kordofan and Blue 
                Nile; and
            (6) to support other related conflict mitigation programs 
        and activities.

    (b) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated to carry out part I and chapters 4 and 6 of part II of 
the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq., 2346 et 
seq., and 2348 et seq.) for fiscal years 2021 and 2022, $20,000,000 is 
authorized to be appropriated for each such fiscal year to carry out 
this section.
SEC. 1267. <<NOTE: 22 USC 10006.>>  SUPPORT FOR ACCOUNTABILITY FOR 
                          WAR CRIMES, CRIMES AGAINST HUMANITY, AND 
                          GENOCIDE IN SUDAN.

    (a) Sense of Congress.--It is the sense of Congress that the 
Secretary of State should conduct robust diplomatic engagement to 
promote accountability and provide technical support to ensure that 
credible, transparent, and independent investigations of gross 
violations of human rights perpetrated by the Government of Sudan under 
former President Omar al-Bashir and the Transitional Military Council 
since June 30, 1989.
    (b) <<NOTE: President.>>  In General.--Notwithstanding any other 
provision of law (other than the Trafficking Victims Protection Act of 
2000 and the Child Soldiers Prevention Act of 2008), the President is 
authorized to provide assistance under part I and chapter 4 of part II 
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 
et seq.)--
            (1) to build the capacity of civilian investigators within 
        and outside of Sudan on how to document, investigate, develop 
        findings of, identify, and locate those responsible for war 
        crimes, crimes against humanity, or genocide in Sudan;
            (2) to collect, document, and protect evidence of war 
        crimes, crimes against humanity, and genocide in Sudan and 
        preserve the chain of custody for such evidence, including by 
        providing

[[Page 134 STAT. 3972]]

        support for Sudanese, foreign, and international nongovernmental 
        organizations, and other entities engaged in such investigative 
        activities;
            (3) to build Sudan's judicial capacity to support 
        prosecutions in domestic courts and support investigations by 
        hybrid or international courts as appropriate;
            (4) to protect witnesses who participate in court 
        proceedings or other transitional justice mechanisms; and
            (5) to support other related conflict mitigation programs 
        and activities.

    (c) Authorization of Appropriations.--Of the amounts authorized to 
be appropriated to carry out part I and chapter 4 of part II of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2151 et seq. and 2346 et seq.) 
for fiscal years 2021 and 2022, $10,000,000 is authorized to be 
appropriated for each such fiscal year to carry out this section.
SEC. <<NOTE: President. 22 USC 10007.>>  
                          1268. <<NOTE: Determination.>>  
                          SUSPENSION OF ASSISTANCE.

    (a) <<NOTE: Determination.>>  In General.--The President is 
authorized to suspend the provision of assistance authorized under 
section 1264, 1265, 1266, or 1267 to the Government of Sudan if the 
President determines that conditions in Sudan or the composition of the 
Government of Sudan changes such that it is no longer in the United 
States national interest to continue to provide such assistance.

    (b) Report.--Not later than 30 days after making a determination 
under subsection (a), the President shall submit to the appropriate 
congressional committees a report that describes--
            (1) the political and security conditions in Sudan that led 
        to such determination; and
            (2) any planned diplomatic engagement to restart the 
        provision of such assistance.
SEC. 1269. <<NOTE: 22 USC 10008.>>  MULTILATERAL ASSISTANCE.

    (a) Sense of the Congress.--It is the sense of the Congress that--
            (1) Sudan's economic challenges are a legacy of decades of 
        kleptocracy, economic mismanagement, and war;
            (2) Sudan's economic recovery will depend on--
                    (A) combating corruption and illicit economic 
                activity;
                    (B) ending internal conflicts in the states of 
                Darfur, South Kordofan, and Blue Nile; and
                    (C) promoting inclusive economic growth and 
                development; and
            (3) the COVID-19 outbreak constitutes a grave danger to 
        Sudan's economic stability, public health, and food security and 
        jeopardizes the transition to a civilian-led government that 
        promotes the democratic aspirations of the Sudanese people.

    (b) Responding to the COVID-19 Outbreak.--During the transitional 
period, and notwithstanding any other provision of law, the Secretary of 
the Treasury may instruct the United States Executive Director at each 
international financial institution to use the voice and vote of the 
United States to support loans or other utilization of the funds of the 
respective institution for Sudan for the purpose of addressing basic 
human needs, responding to the COVID-19 outbreak and its impact on the 
country's economic stability, or promoting democracy, governance, or 
public financial management in Sudan.

[[Page 134 STAT. 3973]]

    (c) Debt Relief.--Upon the removal of Sudan from the State Sponsors 
of Terrorism List, and once the Sovereignty Council is chaired by a 
civilian leader, the Secretary of the Treasury and the Secretary of 
State should engage with international financial institutions and other 
bilateral official creditors to advance agreement through the Heavily 
Indebted Poor Countries (HIPC) Initiative to restructure, reschedule, or 
cancel the sovereign debt of Sudan.
    (d) <<NOTE: Deadline. Time period. Consultation.>>  Reporting 
Requirement.--Not later than 3 months after the date of the enactment of 
this Act, and not less frequently than once every 6 months thereafter 
during the transitional period, the Secretary of the Treasury, in 
consultation with the Secretary of State, shall report to the 
appropriate congressional committees regarding the extent to which the 
transitional government of Sudan has taken demonstrable steps to 
strengthen governance and improve fiscal transparency, including--
            (1) establishing civilian control over the finances and 
        assets of the Sudanese security and intelligence services;
            (2) developing a transparent budget that accounts for all 
        expenditures related to the security and intelligence services;
            (3) identifying the shareholdings in all public and private 
        companies not exclusively dedicated to the national defense held 
        or managed by the security and intelligence services, and 
        publicly disclosing, evaluating, and transferring all such 
        shareholdings to the Ministry of Finance of the Government of 
        Sudan or to any specialized entity of the Government of Sudan 
        established under law for this purpose, which is ultimately 
        accountable to a civilian authority;
            (4) ceasing the involvement of the security and intelligence 
        services officials, and their immediate family members, in the 
        illicit trade in mineral resources, including petroleum and 
        gold;
            (5) implementing a publicly transparent methodology for the 
        Government of Sudan to recover, evaluate, hold, manage, or 
        divest any state assets and the profits derived from the assets 
        that may have been transferred to the National Congress Party, 
        an affiliate of the National Congress Party, or an official of 
        the National Congress Party in the individual capacity of such 
        an official;
            (6) identifying and monitoring the nature and purpose of 
        offshore financial resources controlled by the security and 
        intelligence services; and
            (7) strengthening banking regulation and supervision and 
        addressing anti-money laundering and counter-terrorism financing 
        deficiencies.

    (e) Appropriate Congressional Committees Defined.--Notwithstanding 
section 1262, in this section, the term ``appropriate congressional 
committees'' means--
            (1) the Committee on Foreign Relations of the Senate;
            (2) the Committee on Appropriations of the Senate;
            (3) Committee on Foreign Affairs of the House of 
        Representatives;
            (4) the Committee on Appropriations of the House of 
        Representatives; and
            (5) the Committee on Financial Services of the House of 
        Representatives.

[[Page 134 STAT. 3974]]

SEC. 1270. <<NOTE: 22 USC 10009.>>  COORDINATED SUPPORT TO RECOVER 
                          ASSETS STOLEN FROM THE SUDANESE PEOPLE.

    The Secretary of State, in coordination with the Secretary of the 
Treasury and the Attorney General, shall seek to advance the efforts of 
the Government of Sudan to recover assets stolen from the Sudanese 
people, including with regard to international efforts--
            (1) to identify and track assets taken from the people and 
        institutions of Sudan through theft, corruption, money 
        laundering, or other illicit means; and
            (2) with respect to assets identified pursuant to paragraph 
        (1), to work with foreign governments and international 
        organizations--
                    (A) to share financial investigations intelligence, 
                as appropriate;
                    (B) to oversee and manage the assets identified 
                pursuant to paragraph (1);
                    (C) to advance civil forfeiture litigation, as 
                appropriate, including providing technical assistance to 
                help governments establish the necessary legal framework 
                to carry out asset forfeitures; and
                    (D) to work with the Government of Sudan to ensure 
                that a credible mechanism is established to ensure that 
                any recovered assets are managed in a transparent and 
                accountable fashion and ultimately used for the benefit 
                of the Sudanese people, provided that--
                          (i) returned assets are not used for partisan 
                      political purposes; and
                          (ii) there are robust financial management and 
                      oversight measures to safeguard repatriated 
                      assets.
SEC. 1270A. <<NOTE: President. Certifications. 22 USC 10010.>>  
                            LIMITATION ON ASSISTANCE TO THE 
                            SUDANESE SECURITY AND INTELLIGENCE 
                            SERVICES.

    (a) In General.--The President may not provide assistance (other 
than assistance authorized under section 1266) to the Sudanese security 
and intelligence services until the President submits to Congress a 
certification that the Government of Sudan has met the conditions 
described in subsection (c).
    (b) Exception; Waiver.--
            (1) Exception.--The Secretary of State may, as appropriate 
        and notwithstanding any other provision of law, provide 
        assistance for the purpose of professionalizing the Sudanese 
        security and intelligence services, through institutions such as 
        the Africa Center for Strategic Studies and the United States 
        Institute of Peace.
            (2) <<NOTE: Deadline.>>  Waiver.--The President may waive 
        the limitation on the provision of assistance under subsection 
        (a) if, not later than 30 days before the assistance is to be 
        provided, the President submits to the appropriate congressional 
        committees--
                    (A) <<NOTE: List.>>  a list of the activities and 
                participants to which such waiver would apply;
                    (B) a justification that the waiver is in the 
                national security interest of the United States; and
                    (C) a certification that the participants have met 
                the requirements of either section 620M of the Foreign 
                Assistance Act of 1961 (22 U.S.C. 2378d) for programs 
                funded through Department of State appropriations or 
                section 362

[[Page 134 STAT. 3975]]

                of title 10, United States Code, for programs funded 
                through Department of Defense appropriations.

    (c) Conditions.--
            (1) In general.--The conditions described in this subsection 
        are that the Sudanese security and intelligence services--
                    (A) have demonstrated progress in undertaking 
                security sector reform, including reforms that 
                professionalize such security and intelligence services, 
                improve transparency, and reforms to the laws governing 
                the Sudanese security forces, such as of the National 
                Security Act, 2010 and the Armed Forces Act, 2007;
                    (B) support efforts to respect human rights, 
                including religious freedom, and hold accountable any 
                members of such security and intelligence services 
                responsible for human rights violations and abuses, 
                including by taking demonstrable steps to cooperate with 
                local or international mechanisms of accountability, to 
                ensure that those responsible for war crimes, crimes 
                against humanity, and genocide committed in Sudan are 
                brought to justice;
                    (C) are under civilian oversight, subject to the 
                rule of law, and are not undertaking actions to 
                undermine a civilian-led transitional government or an 
                elected civilian government;
                    (D) have refrained from targeted attacks against 
                religious or ethnic minority groups, have negotiated in 
                good faith during the peace process and constructively 
                participated in the implementation of any resulting 
                peace agreements, and do not impede inclusive political 
                participation;
                    (E) allow unfettered humanitarian access by United 
                Nations organizations and specialized agencies and 
                domestic and international humanitarian organizations to 
                civilian populations in conflict-affected areas;
                    (F) cooperate with the United Nations High 
                Commissioner for Refugees and organizations affiliated 
                with the United Nations to allow for the protection of 
                displaced persons and the safe, voluntary, sustainable, 
                and dignified return of refugees and internally 
                displaced persons; and
                    (G) take constructive steps to investigate all 
                reports of unlawful recruitment of children by Sudanese 
                security forces and prosecute those found to be 
                responsible.
            (2) <<NOTE: Classified information.>>  Form.--The 
        certification described in subsection (a) containing the 
        conditions described in paragraph (1) shall be submitted in 
        unclassified form, but may include a classified annex.

    (d) Sunset.--This section shall terminate on the date that is the 
earlier of--
            (1) the date that is 2 years after the date of the enactment 
        of this Act; or
            (2) <<NOTE: Determination.>>  the date on which the 
        President determines that a successful rotation of military to 
        civilian leadership in the Sovereignty Council has occurred.
SEC. <<NOTE: President. 22 USC 10011.>>  1270B. REPORTS.

    (a) <<NOTE: Time period.>>  Report on Accountability for Human 
Rights Abuses.--Not later than 180 days after the date of the enactment 
of this Act, and annually thereafter for 2 years, the President shall 
submit a report to the appropriate congressional committees that--

[[Page 134 STAT. 3976]]

            (1) <<NOTE: Summary.>>  summarizes reports of gross 
        violations of human rights, including sexual and gender-based 
        violence, committed against civilians in Sudan, including 
        members of the Sudanese security and intelligence services or 
        any associated militias, between December 2018 and the date of 
        the submission of the report;
            (2) <<NOTE: Update.>>  provides an update on any potential 
        transitional justice mechanisms in Sudan to investigate, charge, 
        and prosecute alleged perpetrators of gross violations of human 
        rights in Sudan since June 30, 1989, including with respect to 
        the June 3, 2019 massacre in Khartoum;
            (3) <<NOTE: Analysis.>>  provides an analysis of whether the 
        gross violations of human rights summarized pursuant to 
        paragraph (1) amount to war crimes, crimes against humanity, or 
        genocide; and
            (4) identifies specific cases since the beginning of the 
        transitional period in which members of the Sudanese security 
        and intelligence services have been charged and prosecuted for 
        actions that constitute gross violations of human rights 
        perpetrated since June 30, 1989.

    (b) Report on Certain Activities and Finances of Senior Officials of 
the Government of Sudan.--Not later than 180 days after the date of the 
enactment of this Act, and 1 year thereafter, the President shall submit 
a report to the appropriate congressional committees that--
            (1) describes the actions and involvement of any previous or 
        current senior officials of the Government of Sudan since the 
        establishment of the transitional government in August 2019 in--
                    (A) directing, carrying out, or overseeing gross 
                violations of human rights;
                    (B) directing, carrying out, or overseeing the 
                unlawful use or recruitment of children by armed groups 
                or armed forces in the context of conflicts in Sudan, 
                Libya, Yemen, or other countries;
                    (C) directing, carrying out, or colluding in 
                significant acts of corruption;
                    (D) directing, carrying out, or overseeing any 
                efforts to circumvent the establishment of civilian 
                control over the finances and assets of the Sudanese 
                security and intelligence services; or
                    (E) facilitating, supporting, or financing terrorist 
                activity in Sudan or other countries;
            (2) identifies Sudanese and foreign financial institutions, 
        including offshore financial institutions, in which senior 
        officials of the Government of Sudan whose actions are described 
        in paragraph (1) hold significant assets, and provides an 
        estimate of the value of such assets;
            (3) identifies any information United States Government 
        agencies have obtained since August 2019 regarding persons, 
        foreign governments, and Sudanese or foreign financial 
        institutions that knowingly facilitate, finance, or otherwise 
        benefit from corruption or illicit economic activity in Sudan, 
        including the export of mineral resources, and, in particular, 
        if that trade is violating any United States restrictions that 
        remain in place by legislation or Executive order;
            (4) identifies any information United States Government 
        agencies have obtained since August 2019 regarding senior 
        officials of the Government of Sudan who are personally

[[Page 134 STAT. 3977]]

        involved in the illicit trade in mineral resources, including 
        petroleum and gold; and
            (5) identifies any information United States Government 
        agencies have obtained since August 2019 regarding individuals 
        or foreign governments that have provided funds to individual 
        members of the Sovereignty Council or the Cabinet outside of the 
        Central Bank of Sudan or the Ministry of Finance.

    (c) Report on Sanctions Pursuant to Executive Order No. 13400.--Not 
later than 180 days after the date of the enactment of this Act, the 
President shall submit a report to the appropriate congressional 
committees that identifies the senior Sudanese government officials that 
President determines meet the criteria to be sanctionable pursuant to 
Executive Order No. 13400 (71 Fed. Reg. 25483; relating to blocking 
property of persons in connection with the conflict in Sudan's Darfur 
region).
    (d) <<NOTE: Classified information.>>  Form.--The reports required 
under subsections (b) and (c) shall be submitted in unclassified form, 
but may include a classified annex.
SEC. 1270C. <<NOTE: Coordination. 22 USC 10012.>>  UNITED STATES 
                            STRATEGY FOR SUPPORT TO A CIVILIAN-LED 
                            GOVERNMENT IN SUDAN.

    (a) In General.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of State, in coordination with the 
Administrator of the United States Agency for International Development 
and the Secretary of the Treasury, shall submit a strategy to the 
appropriate congressional committees that includes--
            (1) a clear articulation of specific United States goals and 
        objectives with respect to a successful completion of the 
        transitional period and a plan to achieve such goals and 
        objectives;
            (2) a description of assistance and diplomatic engagement to 
        support a civilian-led government in Sudan for the remainder of 
        the transitional period, including any possible support for the 
        organization of free, fair, and credible elections;
            (3) <<NOTE: Assessment.>>  an assessment of the legal and 
        policy reforms that have been and need to be taken by the 
        government in Sudan during the transitional period in order to 
        promote--
                    (A) human rights;
                    (B) freedom of religion, speech, press, assembly, 
                and association; and
                    (C) accountability for human rights abuses, 
                including for sexual and gender-based violence 
                perpetrated by members of the Sudanese security and 
                intelligence services;
            (4) a description of efforts to address the legal and policy 
        reforms mentioned in paragraph (3);
            (5) a description of humanitarian and development assistance 
        to Sudan and a plan for coordinating such assistance with 
        international donors, regional partners, and local partners;
            (6) a description of monitoring and evaluation plans for all 
        forms of assistance to be provided under the strategy in 
        accordance with the monitoring and evaluation requirements of 
        section 4 of the Foreign Aid Transparency and Accountability Act 
        of 2016 (Public Law 114-191), including a detailed description 
        of all associated goals and benchmarks for measuring impact; and
            (7) <<NOTE: Assessment.>>  an assessment of security sector 
        reforms undertaken by the Government of Sudan, including efforts 
        to demobilize

[[Page 134 STAT. 3978]]

        or integrate militias and to foster civilian control of the 
        armed services.

    (b) Report.--Not later than 1 year after the date of the enactment 
of this Act, the Secretary of State, in coordination with the 
Administrator of the United States Agency for International Development 
and the Secretary of the Treasury, shall submit a report to the 
appropriate congressional committees that includes--
            (1) a detailed description of the efforts taken to implement 
        this subtitle; and
            (2) <<NOTE: Recommenda- tions.>>  recommendations for 
        legislative or administrative measures to facilitate the 
        implementation of this subtitle.
SEC. 1270D. AMENDMENTS TO THE DARFUR PEACE AND ACCOUNTABILITY ACT 
                            OF 2006.

    Section 8(c)(1) of the Darfur Peace and Accountability Act of 2006 
(Public Law 109-344; 50 U.S.C. 1701 note) is amended by striking 
``Southern Sudan,'' and all that following through ``Khartoum,'' and 
inserting ``Sudan''.
SEC. 1270E. REPEAL OF SUDAN PEACE ACT AND THE COMPREHENSIVE PEACE 
                            IN SUDAN ACT.

    (a) Sudan Peace Act.--Effective January 1, 2020, the Sudan Peace Act 
(Public Law 107-245; 50 U.S.C. 1701 note) is repealed.
    (b) Comprehensive Peace in Sudan Act.--Effective January 1, 2020, 
the Comprehensive Peace in Sudan Act of 2004 (Public Law 108-497; 50 
U.S.C. 1701 note) is repealed.

      Subtitle H <<NOTE: United States-Israel Security Assistance 
Authorization Act of 2020.>> --United States Israel Security Assistance 
Authorization Act of 2020
SEC. <<NOTE: 22 USC 2151 note.>>  1271. SHORT TITLE.

    This subtitle may be cited as the ``United States-Israel Security 
Assistance Authorization Act of 2020''.
SEC. 1272. SENSE OF CONGRESS ON UNITED STATES-ISRAEL RELATIONSHIP.

    It is the sense of Congress that--
            (1) the strong and enduring relationship between the United 
        States and Israel is in the national security interests of both 
        countries;
            (2) the United States should continue to provide assistance 
        to the Government of Israel for the development and acquisition 
        of the advanced capabilities that Israel requires to meet its 
        security needs and to enhance United States capabilities;
            (3) such assistance is critical as Israel confronts a number 
        of security challenges, including continuing threats from Iran;
            (4) 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; and
            (5) science and technology innovations present promising new 
        opportunities for future United States-Israel economic and 
        security cooperation.

[[Page 134 STAT. 3979]]

SEC. 1273. SECURITY ASSISTANCE FOR ISRAEL.

    Section 513(c) of the Security Assistance Act of 2000 (Public Law 
106-280; 114 Stat. 856) is amended--
            (1) in paragraph (1), by striking ``2002 and 2003'' and 
        inserting ``2021, 2022, 2023, 2024, 2025, 2026, 2027, and 
        2028''; and
            (2) in paragraph (2), by striking ``equal to--'' and all 
        that follows and inserting ``not less than $3,300,000,000.''.
SEC. 1274. EXTENSION OF WAR RESERVES STOCKPILE AUTHORITY.

    (a) Department of Defense Appropriations Act, 2005.--Section 
12001(d) of the Department of Defense Appropriations Act, 2005 (Public 
Law 108-287; 118 Stat. 1011) is amended by striking ``September 30, 
2020'' and inserting ``after September 30, 2025''.
    (b) Foreign Assistance Act of 1961.--Section 514(b)(2)(A) of the 
Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)(2)(A)) is amended by 
striking ``2013, 2014, 2015, 2016, 2017, 2018, 2019, and 2020'' and 
inserting ``2021, 2022, 2023, 2024, and 2025''.
SEC. <<NOTE: 22 USC 2321h note.>>  1275. RULES GOVERNING THE 
                          TRANSFER OF PRECISION-GUIDED MUNITIONS 
                          TO ISRAEL ABOVE THE ANNUAL RESTRICTION.

    (a) <<NOTE: President.>>  In General.--Notwithstanding section 
514(b) of the Foreign Assistance Act of 1961 (22 U.S.C. 2321h(b)), and 
subject to subsections (b) and (c) of this section, the President, 
acting through the Secretary of Defense and with the concurrence of the 
Secretary of State, is authorized to transfer to Israel precision-guided 
munitions from reserve stocks, including the War Reserve Stockpile for 
Allies-Israel, consistent with--
            (1) all other requirements set forth in the Foreign 
        Assistance Act of 1961 (22 U.S.C. 2151 et seq.); and
            (2) the requirements set forth in the Arms Export Control 
        Act (22 U.S.C. 2751 et seq.).

    (b) <<NOTE: Determination.>>  Conditions.--Except in the case of an 
emergency, as determined by the President, a transfer under subsection 
(a) of this section may only occur if the transfer--
            (1) does not affect the ability of the United States to 
        maintain a sufficient supply of precision-guided munitions to 
        satisfy United States warfighting requirements;
            (2) does not harm the combat readiness of the United States;
            (3) does not affect the ability of the United States to meet 
        its commitments to allies with respect to the transfer of 
        precision-guided munitions; and
            (4) is in the national security interest of the United 
        States.

    (c) <<NOTE: Determinations.>>  Certification.--
            (1) <<NOTE: President. Deadline.>>  In general.--Except in 
        the case of an emergency, as determined by the President, not 
        later than 15 days before making a transfer under subsection (a) 
        of this section, the Secretary of Defense, with the concurrence 
        of the Secretary of State, shall certify to the appropriate 
        congressional committees that the transfer meets the conditions 
        specified in subsection (b) of this section.
            (2) <<NOTE: President. Deadline.>>  Emergencies.--In the 
        case of an emergency, as determined by the President, not later 
        than 5 days after making a transfer under subsection (a) of this 
        section, the President shall--

[[Page 134 STAT. 3980]]

                    (A) certify to the appropriate congressional 
                committees that the transfer supports the national 
                security interests of the United States; and
                    (B) <<NOTE: Assessment.>>  provide to the 
                appropriate committees of Congress an assessment of the 
                impacts, risks, and mitigation measures with respect to 
                the matters referred to in paragraphs (1) through (4) of 
                subsection (b) of this section.

    (d) Assessment.--
            (1) In general.--The Secretary of Defense shall conduct an 
        assessment with respect to the following matters:
                    (A) The current quantity and type of precision-
                guided munitions in the stockpile pursuant to section 
                12001(d) of the Department of Defense Appropriations 
                Act, 2005 (Public Law 108-287; 118 Stat. 1011), as 
                amended.
                    (B) The quantity and type of precision-guided 
                munitions necessary for Israel to combat Hezbollah and 
                hostile forces that threaten Israel.
                    (C) The quantity and type of precision-guided 
                munitions necessary for Israel in the event of a 
                sustained armed confrontation with other armed groups 
                and terrorist organizations.
                    (D) The current United States inventory of 
                precision-guided munitions of the type specified in 
                subparagraphs (A), (B), and (C) and ability of that 
                inventory to meet requirements of current Operation 
                Plans.
                    (E) Department of Defense efforts to expand 
                precision-guided munitions production and stockpiles to 
                meet operational requirements.
                    (F) Israel's efforts to expand precision-guided 
                munitions production and stockpiles to meet operational 
                requirements.
            (2) Report.--
                    (A) In general.--Not later than 180 days after the 
                date of the enactment of this Act, the Secretary of 
                Defense shall submit to the appropriate congressional 
                committees a report on the results of the assessment 
                required by paragraph (1), including a description of 
                such results with respect to each matter described in 
                that paragraph.
                    (B) Form.--The report required by subparagraph (A) 
                shall be submitted in classified form.

    (e) Termination.--The authority of the President to transfer 
precision-guided munitions under this section shall terminate on the 
date that is three years after the date of the enactment of this Act.
SEC. 1276. <<NOTE: Deadline. Briefing.>>  ELIGIBILITY OF ISRAEL 
                          FOR THE STRATEGIC TRADE AUTHORIZATION 
                          EXCEPTION TO CERTAIN EXPORT CONTROL 
                          LICENSING REQUIREMENTS.

    Not later than 120 days after the date of the enactment of this Act, 
the Secretary of State shall brief the appropriate congressional 
committees by describing the steps taken to include Israel in the list 
of countries eligible for the strategic trade authorization exception 
under section 740.20(c)(1) of title 15, Code of Federal Regulations, as 
required under section 6(b) of the United States-Israel Strategic 
Partnership Act of 2014 (Public Law 113-296; 128 Stat. 4076; 22 U.S.C. 
8603 note).

[[Page 134 STAT. 3981]]

SEC. 1277. <<NOTE: 22 USC 8606 note.>>  UNITED STATES AGENCY FOR 
                          INTERNATIONAL DEVELOPMENT MEMORANDA OF 
                          UNDERSTANDING TO ENHANCE COOPERATION 
                          WITH ISRAEL.

    The Secretary of State, acting through the Administrator of the 
United States Agency for International Development, may enter into 
memoranda of understanding with Israel to advance common goals on 
energy, agriculture, food security, democracy, human rights, governance, 
economic growth, trade, education, environment, global health, water, 
and sanitation, with a focus on strengthening mutual ties and 
cooperation with nations throughout the world.
SEC. 1278. COOPERATIVE PROJECTS AMONG THE UNITED STATES, ISRAEL, 
                          AND DEVELOPING COUNTRIES.

    Section 106 of the Foreign Assistance Act of 1961 (22 U.S.C. 2151d) 
is amended by striking subsections (e) and (f) and inserting the 
following:
    ``(e) There is authorized to be appropriated $2,000,000 for fiscal 
years 2021 through 2023 to finance cooperative projects among the United 
States, Israel, and developing countries that identify and support local 
solutions to address sustainability challenges relating to water 
resources, agriculture, and energy storage, including--
            ``(1) establishing public-private partnerships;
            ``(2) supporting the identification, research, development 
        testing, and scaling of innovations that focus on populations 
        that are vulnerable to environmental and resource-scarcity 
        crises, such as subsistence farming communities;
            ``(3) seed or transition-to-scale funding;
            ``(4) clear and appropriate branding and marking of United 
        States funded assistance, in accordance with section 641; and
            ``(5) accelerating demonstrations or applications of local 
        solutions to sustainability challenges, or the further 
        refinement, testing, or implementation of innovations that have 
        previously effectively addressed sustainability challenges.''.
SEC. <<NOTE: 22 USC 2151 note.>>  1279. JOINT COOPERATIVE PROGRAM 
                          RELATED TO INNOVATION AND HIGH-TECH FOR 
                          THE MIDDLE EAST REGION.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the United States should help foster cooperation in the 
        Middle East region by financing and, as appropriate, cooperating 
        in projects related to innovation and advanced technologies; and
            (2) projects referred to in paragraph (1) should--
                    (A) contribute to development and the quality of 
                life in the Middle East region through the application 
                of research and advanced technology; and
                    (B) contribute to Arab-Israeli cooperation by 
                establishing strong working relationships that last 
                beyond the life of such projects.

    (b) Establishment.--The Secretary of State, acting through the 
Administrator of the United States Agency for International Development, 
is authorized to seek to establish a program between the United States 
and appropriate regional partners to provide for cooperation in the 
Middle East region by supporting projects related to innovation and 
advanced technologies.
    (c) Project Requirements.--Each project carried out under the 
program established pursuant to subsection (b)--

[[Page 134 STAT. 3982]]

            (1) shall include the participation of at least one entity 
        from Israel and one entity from another regional partner; and
            (2) shall be conducted in a manner that appropriately 
        protects sensitive information, intellectual property, the 
        national security interests of the United States, and the 
        national security interests of Israel.
SEC. <<NOTE: 22 USC 8606 note.>>  1280. COOPERATION ON DIRECTED 
                          ENERGY CAPABILITIES.

    (a) Report.--Not later than March 15, 2021, the Secretary of 
Defense, with the concurrence of the Secretary of State, shall submit to 
the appropriate congressional committees a report on potential areas for 
directed energy cooperation.
    (b) Elements.--The report required by subsection (a) shall include 
the following:
            (1) A description of any science and technology effort or 
        research, development, test, and evaluation effort associated 
        with directed energy.
            (2) A description of activities or efforts recommended for 
        potential defense cooperation activities associated with 
        directed energy between the United States and Israel in support 
        of development of military capabilities of mutual benefit.
            (3) A description of any obstacle or challenge associated 
        with an effort described under paragraph (2) and recommendations 
        to address such obstacle or challenge.
            (4) A description of any authority or authorization of 
        appropriations required for the execution of efforts described 
        under paragraph (2).

    (c) <<NOTE: Classified information.>>  Form.--The report required by 
subsection (a) shall be submitted in unclassified form but may contain a 
classified annex, as determined necessary by the Secretary of Defense.

    (d) <<NOTE: Recommenda- tion.>>  Program Authority.--If recommended 
as a result of the report required by subsection (a), the Secretary of 
Defense, with the concurrence of the Secretary of State, may establish a 
program to carry out research, development, test, and evaluation 
activities, on a joint basis with Israel, to promote directed energy 
capabilities of mutual benefit to both the United States and Israel that 
address threats to the United States, deployed forces of the United 
States, and Israel. Any activities carried out under this subsection 
shall be conducted in a manner that appropriately protects sensitive 
information, intellectual property, the national security interests of 
the United States, and the national security interests of Israel. Any 
such program shall take into consideration the recommendations of the 
United States-Israel Defense Acquisition Advisory Group.
SEC. <<NOTE: 22 USC 8607.>>  1280A. OTHER MATTERS OF COOPERATION.

    (a) In General.--Activities authorized under this section shall be 
carried out with the concurrence of the Secretary of State and aligned 
with the National Security Strategy of the United States, the United 
States Government Global Health Security Strategy, the Department of 
State Integrated Country Strategies, the USAID Country Development 
Cooperation Strategies, and any equivalent or successor plans or 
strategies, as necessary and appropriate.
    (b) Development of Health Technologies.--
            (1) <<NOTE: Time period.>>  In general.--There is authorized 
        to be appropriated to the Secretary of Health and Human Services 
        $4,000,000 for fiscal years 2021 through 2023 for a bilateral 
        cooperative program with the Government of Israel that awards 
        grants

[[Page 134 STAT. 3983]]

        for the development of health technologies, which may include 
        health technologies listed in paragraph (2), subject to 
        paragraph (3), with an emphasis on collaboratively advancing the 
        use of technology and personalized medicine in relation to 
        COVID-19.
            (2) Types of health technologies.--The health technologies 
        described in this paragraph are technologies such as, drugs and 
        vaccines, ventilators, diagnostic tests, and technologies to 
        facilitate telemedicine.
            (3) Restrictions on funding.--Amounts appropriated pursuant 
        to paragraph (1) are subject to a matching contribution from the 
        Government of Israel.
            (4) Option for establishing new program.--Amounts 
        appropriated pursuant to paragraph (1) may be expended for a 
        bilateral program with the Government of Israel that--
                    (A) is in existence on the day before the date of 
                the enactment of this Act for the purposes described in 
                paragraph (1); or
                    (B) is established after the date of the enactment 
                of this Act by the Secretary of Health and Human 
                Services, in consultation with the Secretary of State, 
                in accordance with the Agreement between the Government 
                of the United States of America and the Government of 
                the State of Israel on Cooperation in Science and 
                Technology for Homeland Security Matters, done at 
                Jerusalem May 29, 2008 (or a successor agreement), for 
                the purposes described in paragraph (1).
            (5) <<NOTE: Requirement.>>  Public availability.--The 
        Secretary shall require, as a condition of any grant awarded 
        under this subsection, that all research publications and 
        results of such research, including basic and applied research, 
        shall be made publicly available on the website of the 
        Department of Health and Human Services.

    (c) Coordinator of United States-Israel Research and Development.--
            (1) <<NOTE: President.>>  In general.--The President may 
        designate the Assistant Secretary of State for the Bureau of 
        Oceans and International Environmental and Scientific Affairs, 
        or another appropriate Department of State official, to act as 
        Coordinator of United States-Israel Research and Development 
        (referred to in this subsection as the ``Coordinator'').
            (2) <<NOTE: Coordination.>>  Authorities and duties.--The 
        Coordinator, in conjunction with the heads of relevant Federal 
        Government departments and agencies and in coordination with the 
        Israel Innovation Authority, may oversee civilian science and 
        technology programs on a joint basis with Israel.

    (d) Office of Global Policy and Strategy of the Food and Drug 
Administration.--
            (1) In general.--It is the sense of Congress that the 
        Commissioner of the Food and Drug Administration should seek to 
        explore collaboration with Israel through the Office of Global 
        Policy and Strategy.
            (2) Report.--Not later than one year after the date of the 
        enactment of this Act, the Commissioner, acting through the head 
        of the Office of Global Policy and Strategy, shall submit a 
        report describing the benefits to the United States

[[Page 134 STAT. 3984]]

        and to Israel of opening an office in Israel for the Office of 
        Global Policy and Strategy to--
                    (A) the Committee on Foreign Relations of the 
                Senate;
                    (B) the Committee on Health, Education, Labor, and 
                Pensions of the Senate;
                    (C) the Committee on Foreign Affairs of the House of 
                Representatives; and
                    (D) the Committee on Energy and Commerce of the 
                House of Representatives.

    (e) United States-Israel Energy Center.--There is authorized to be 
appropriated to the Secretary of Energy $4,000,000 for fiscal year 2021 
to carry out the activities of the United States-Israel Energy Center 
established pursuant to section 917(d) of the Energy Independence and 
Security Act of 2007 (42 U.S.C. 17337(d)).
    (f) United States-Israel Binational Industrial Research and 
Development Foundation.--It is the sense of Congress that grants to 
promote covered energy projects conducted by, or in conjunction with, 
the United States-Israel Binational Industrial Research and Development 
Foundation should be funded at not less than $2,000,000 annually under 
section 917(b) of the Energy Independence and Security Act of 2007 (42 
U.S.C. 17337(b)).
    (g) United States-Israel Cooperation on Energy, Water, Homeland 
Security, Agriculture, and Alternative Fuel Technologies.--Section 7 of 
the United States-Israel Strategic Partnership Act of 2014 (22 U.S.C. 
8606) is amended by adding at the end the following:
    ``(d) Authorization of Appropriations.--There is authorized to be 
appropriated to carry out this section $2,000,000 for fiscal year 
2021.''.
    (h) Annual Policy Dialogue.--It is the sense of Congress that the 
Department of Transportation and Israel's Ministry of Transportation 
should engage in an annual policy dialogue to implement the 2016 
Memorandum of Cooperation signed by the Secretary of Transportation and 
the Israeli Minister of Transportation.
    (i) Cooperation on Space Exploration and Science Initiatives.--The 
Administrator of the National Aeronautics and Space Administration shall 
continue to work with the Israel Space Agency to identify and 
cooperatively pursue peaceful space exploration and science initiatives 
in areas of mutual interest, taking all appropriate measures to protect 
sensitive information, intellectual property, trade secrets, and 
economic interests of the United States.
    (j) <<NOTE: Reports.>>  Research and Development Cooperation 
Relating to Desalination Technology.--Not later than one year after the 
date of the enactment of this Act, the Director of the Office of Science 
and Technology Policy shall submit a report that describes research and 
development cooperation with international partners, such as the State 
of Israel, in the area of desalination technology in accordance with 
section 9(b)(3) of the Water Desalination Act of 1996 (42 U.S.C. 10301 
note) to--
            (1) the Committee on Foreign Relations of the Senate;
            (2) the Committee on Energy and Natural Resources of the 
        Senate;
            (3) the Committee on Foreign Affairs of the House of 
        Representatives; and
            (4) the Committee on Natural Resources of the House of 
        Representatives.

[[Page 134 STAT. 3985]]

    (k) Research and Treatment of Posttraumatic Stress Disorder.--It is 
the sense of Congress that the Secretary of Veterans Affairs should seek 
to explore collaboration between the Mental Illness Research, Education 
and Clinical Centers of Excellence and Israeli institutions with 
expertise in researching and treating posttraumatic stress disorder.
SEC. 1280B. <<NOTE: 22 USC 2321h note.>>  APPROPRIATE 
                            CONGRESSIONAL COMMITTEES DEFINED.

    In this subtitle, the term ``appropriate congressional committees'' 
means--
            (1) the Committee on Foreign Relations and the Committee on 
        Armed Services of the Senate; and
            (2) the Committee on Foreign Affairs and the Committee on 
        Armed Services of the House of Representatives.

  Subtitle <<NOTE: Global Child Thrive Act of 2020.>>  I--Global Child 
Thrive Act of 2020
SEC. <<NOTE: 22 USC 2151 note.>>  1281. SHORT TITLE.

    This subtitle may be cited as the ``Global Child Thrive Act of 
2020''.
SEC. 1282. SENSE OF CONGRESS.

    It is the sense of Congress that--
            (1) the United States Government should continue efforts to 
        reduce child mortality rates and increase attention on 
        prevention efforts and early childhood development outcomes;
            (2) investments in early childhood development ensure 
        healthy and well-developed future generations that contribute to 
        a country's stability, security and economic prosperity;
            (3) efforts to provide training and education on nurturing 
        care could result in improved early childhood development 
        outcomes and support healthy brain development; and
            (4) integration and cross-sector coordination of early 
        childhood development programs is critical to ensure the 
        efficiency, effectiveness, and continued implementation of such 
        programs.
SEC. 1283. ASSISTANCE TO IMPROVE EARLY CHILDHOOD OUTCOMES 
                          GLOBALLY.

    (a) Authorization of Assistance.--Amounts authorized to be 
appropriated or otherwise made available to carry out section 135 in 
chapter 1 of part 1 of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151 et seq.) for each of the fiscal years 2021 through 2025 are 
authorized to be made available to support early childhood development 
activities in conjunction with relevant, existing programming, such as 
water, sanitation and hygiene, maternal and child health, basic 
education, nutrition and child protection.
    (b) Assistance to Improve Early Childhood Outcomes Globally.--
Chapter 1 of part I of the Foreign Assistance Act of 1961 (22 U.S.C. 
2151 et seq.) is amended by adding at the end the following:
``SEC. 137. <<NOTE: 22 USC 2152k.>>  ASSISTANCE TO IMPROVE EARLY 
                        CHILDHOOD OUTCOMES GLOBALLY.

    ``(a) Definitions.--In this section:
            ``(1) Appropriate congressional committees.--The term 
        `appropriate congressional committees' means--
                    ``(A) the Committee on Appropriations of the Senate;

[[Page 134 STAT. 3986]]

                    ``(B) the Committee on Foreign Relations of the 
                Senate;
                    ``(C) the Committee on Appropriations of the House 
                of Representatives; and
                    ``(D) the Committee on Foreign Affairs of the House 
                of Representatives.
            ``(2) Early childhood development.--The term `early 
        childhood development' means the development and learning of a 
        child younger than 8 years of age, including physical, 
        cognitive, social, and emotional development and approaches to 
        learning that allow a child to reach his or her full 
        developmental potential.
            ``(3) Early childhood development program.--The term `early 
        childhood development program' means a program that seeks to 
        ensure that every child has the conditions for healthy growth, 
        nurturing family-based care, development and learning, and 
        protection from violence, exploitation, abuse, and neglect, 
        which may include--
                    ``(A) a health, safe water, sanitation, and hygiene 
                program that serves pregnant women, children younger 
                than 5 years of age, and the parents of such children;
                    ``(B) a nutrition program, combined with stimulating 
                child development activity;
                    ``(C) age appropriate cognitive stimulation, 
                especially for newborns, infants, and toddlers, 
                including an early childhood intervention program for 
                children experiencing at-risk situations, developmental 
                delays, disabilities, and behavioral and mental health 
                conditions;
                    ``(D) an early learning (36 months and younger), 
                preschool, and basic education program for children 
                until they reach 8 years of age or complete primary 
                school; or
                    ``(E) a child protection program, with an emphasis 
                on the promotion of permanent, safe, and nurturing 
                families, rather than placement in residential care or 
                institutions, including for children with disabilities.
            ``(4) Relevant federal departments and agencies.--The term 
        `relevant Federal departments and agencies' means--
                    ``(A) the Department of State;
                    ``(B) the United States Agency for International 
                Development;
                    ``(C) the Department of the Treasury;
                    ``(D) the Department of Labor;
                    ``(E) the Department of Education;
                    ``(F) the Department of Agriculture;
                    ``(G) the Department of Defense;
                    ``(H) the Department of Health and Human Services, 
                including--
                          ``(i) the Centers for Disease Control and 
                      Prevention; and
                          ``(ii) the National Institutes of Health;
                    ``(I) the Millennium Challenge Corporation;
                    ``(J) the Peace Corps; and
                    ``(K) any other department or agency specified by 
                the President for the purposes of this section.
            ``(5) Residential care.--The term `residential care' means 
        care provided in any non-family-based group setting, including 
        orphanages, transit or interim care centers, children's homes, 
        children's villages or cottage complexes, group homes, and

[[Page 134 STAT. 3987]]

        boarding schools used primarily for care purposes as an 
        alternative to a children's home.

    ``(b) Statement of Policy.--It is the policy of the United States--
            ``(1) <<NOTE: Coordination.>>  to support early childhood 
        development in relevant foreign assistance programs, including 
        by integrating evidence-based, efficient, and effective 
        interventions into relevant strategies and programs, in 
        coordination with partner countries, other donors, international 
        organizations, international financial institutions, local and 
        international nongovernmental organizations, private sector 
        partners, and civil society, including faith-based and 
        community-based organizations; and
            ``(2) to encourage partner countries to lead early childhood 
        development initiatives that include incentives for building 
        local capacity for continued implementation and measurable 
        results, by--
                    ``(A) scaling up the most effective, evidence-based, 
                national interventions, including for the most 
                vulnerable populations and children with disabilities 
                and developmental delays, with a focus on adaptation to 
                country resources, cultures, and languages;
                    ``(B) designing, implementing, monitoring, and 
                evaluating programs in a manner that enhances their 
                quality, transparency, equity, accountability, 
                efficiency and effectiveness in improving child and 
                family outcomes in partner countries; and
                    ``(C) utilizing and expanding innovative public-
                private financing mechanisms.

    ``(c) Implementation.--
            ``(1) <<NOTE: Deadline. Coordination.>>  In general.--Not 
        later than 1 year after the date of the enactment of this 
        section, the Administrator of the United States Agency for 
        International Development on behalf of the President and in 
        coordination with the Secretary of State, shall direct relevant 
        Federal departments and agencies--
                    ``(A) to incorporate, to the extent practical and 
                relevant, early childhood development into foreign 
                assistance programs to be carried out during the 
                following 5 fiscal years; and
                    ``(B) to promote inclusive early childhood 
                development in partner countries.
            ``(2) Elements.--In carrying out paragraph (1), the 
        Administrator, the Secretary, and the heads of other relevant 
        Federal departments and agencies as appropriate shall--
                    ``(A) build on the evidence and priorities outlined 
                in `Advancing Protection and Care for Children in 
                Adversity: A U.S. Government Strategy for International 
                Assistance 2019-2023', published in June 2019 (referred 
                to in this section as `APCCA');
                    ``(B) to the extent practicable, identify evidence-
                based strategic priorities, indicators, outcomes, and 
                targets, particularly emphasizing the most vulnerable 
                populations and children with disabilities and 
                developmental delays, to support inclusive early 
                childhood development;
                    ``(C) support the design, implementation, and 
                evaluation of pilot projects in partner countries, with 
                the goal of taking such projects to scale;

[[Page 134 STAT. 3988]]

                    ``(D) support inclusive early childhood development 
                within all relevant sector strategies and public laws, 
                including--
                          ``(i) the Global Water Strategy required under 
                      section 136(j);
                          ``(ii) the whole-of-government strategy 
                      required under section 5 of the Global Food 
                      Security Act of 2016 (22 U.S.C. 9304 note);
                          ``(iii) the Basic Education Strategy set forth 
                      in section 105(c);
                          ``(iv) the U.S. Government Global Nutrition 
                      Coordination Plan, 2016-2021; and
                          ``(v) APCCA; and others as appropriate;
                    ``(E) <<NOTE: Coordination.>>  improve coordination 
                with foreign governments and international and regional 
                organizations with respect to official country policies 
                and plans to improve early childhood development, 
                maternal, newborn, and child health and nutrition care, 
                basic education, water, sanitation and hygiene, and 
                child protection plans which promote nurturing, 
                appropriate, protective, and permanent family care, 
                while reducing the percentage of children living outside 
                of family care, including in residential care or on the 
                street; and
                    ``(F) <<NOTE: Consultation.>>  consult with partner 
                countries, other donors, international organizations, 
                international financial institutions, local and 
                international nongovernmental organizations, private 
                sector partners and faith-based and community-based 
                organizations, as appropriate.

    ``(d) Annual Report on the Implementation of the Strategy.--The 
Special Advisor for Children in Adversity shall include, in the annual 
report required under section 5 of the Assistance for Orphans and Other 
Vulnerable Children in Developing Countries Act of 2005 (22 U.S.C. 
2152g), which shall be submitted to the appropriate congressional 
committees and made publicly available, a description of--
            ``(1) the progress made toward integrating early childhood 
        development interventions into relevant strategies and programs;
            ``(2) the efforts made by relevant Federal departments and 
        agencies to implement subsection (c), with a particular focus on 
        the activities described in such subsection; and
            ``(3) the progress achieved during the reporting period 
        toward meeting the goals, objectives, benchmarks, and timeframes 
        described in subsection (c) at the program level, along with 
        specific challenges or gaps that may require shifts in targeting 
        or financing in the following fiscal year.

    ``(e) Interagency Task Force.--The Special Advisor for Assistance to 
Orphans and Vulnerable Children should establish and regularly convene 
an Interagency Working Group on Children in Adversity which, among other 
things, will coordinate--
            ``(1) intergovernmental and interagency monitoring, 
        evaluation, and reporting of the activities carried out pursuant 
        to this section;
            ``(2) early childhood development initiatives that include 
        children with a variety of needs and circumstances; and

[[Page 134 STAT. 3989]]

            ``(3) United States Government early childhood development 
        programs, strategies, and partnerships across relevant Federal 
        departments and agencies.''.
SEC. 1284. SPECIAL ADVISOR FOR ASSISTANCE TO ORPHANS AND 
                          VULNERABLE CHILDREN.

    Section 135(e)(2) of the Foreign Assistance Act of 1961 (22 U.S.C. 
2152f(e)(2)) is amended--
            (1) by amending subparagraph (A) to read as follows:
                    ``(A) Coordinate assistance to orphans and other 
                vulnerable children among the relevant Federal agencies 
                and officials.''; and
            (2) in subparagraph (B), by striking ``the various offices, 
        bureaus, and field missions within the United States Agency for 
        International Development'' and inserting ``the relevant Federal 
        branch agencies and officials''.
SEC. 1285. <<NOTE: 22 USC 2152f note.>>  RULE OF CONSTRUCTION.

    Nothing in the amendments made by this subtitle may be construed to 
restrict or abrogate any other authorization for United States Agency 
for International Development activities or programs.

       Subtitle J--Matters Relating to Africa and the Middle East

SEC. 1291. BRIEFING AND REPORT RELATING TO REDUCTION IN THE TOTAL 
                          NUMBER OF UNITED STATES ARMED FORCES 
                          DEPLOYED TO UNITED STATES AFRICA COMMAND 
                          AREA OF RESPONSIBILITY.

    (a) Briefing Required.--
            (1) <<NOTE: Deadline.>>  In general.--If the Department of 
        Defense reduces the number of covered United States Armed Forces 
        in fiscal year 2021 to a number that is below 80 percent of the 
        number deployed as of the date of the enactment of this Act, the 
        Secretary of Defense shall, not later than 30 days after the 
        date of such a reduction, provide a briefing to the Committee on 
        Armed Services of the Senate and the Committee on Armed Services 
        of the House of Representatives.
            (2) Elements.--The briefing required under paragraph (1) 
        shall include, at a minimum, the following:
                    (A) A description of the process and associated 
                analysis that led to the decision to reduce the number 
                of covered United States Armed Forces.
                    (B) A description of the anticipated impact of such 
                a reduction on the ability of the Department of Defense 
                to achieve its strategic objectives in the AFRICOM AOR, 
                including--
                          (i) degrading violent extremist organizations;
                          (ii) countering the military influence of 
                      China and Russia;
                          (iii) countering transnational threats;
                          (iv) maintaining strategic access;
                          (v) preparing for and responding to crises; 
                      and
                          (vi) strengthening security relationships with 
                      United States allies and partners.

[[Page 134 STAT. 3990]]

                    (C) <<NOTE: Assessment.>>  An assessment of the 
                impact of such a reduction on the ability of the 
                Department of Defense to execute the National Defense 
                Strategy.
                    (D) A description of any consultation with the 
                Department of State or the United States Agency for 
                International Development with respect to such a 
                reduction and the potential impact that such a reduction 
                would have on diplomatic, developmental, or humanitarian 
                efforts in Africa.
                    (E) A description of any consultation with United 
                States allies and partners with respect to such a 
                reduction.
                    (F) Any other matters determined to be relevant by 
                the Secretary of Defense.

    (b) Report Required.--
            (1) In general.--Not later than 120 days after the date of a 
        reduction in the number of covered United States Armed Forces 
        described in subsection (a)(1), the Secretary of Defense shall 
        submit to the Committee on Armed Services of the Senate and the 
        Committee on Armed Services of the House of Representatives a 
        report that includes the following:
                    (A) The average number of covered United States 
                Armed Forces by month for each of the fiscal years 2019 
                and 2020.
                    (B) The anticipated number of covered United States 
                Armed Forces in 2021.
                    (C) <<NOTE: Assessment.>>  An assessment of the 
                threat posed by violent extremist organizations in the 
                AFRICOM AOR and a detailed description of the Department 
                of Defense's plan to degrade such organizations.
                    (D) A detailed description of the Department of 
                Defense's plan to counter the military influence of 
                China and Russia in the AFRICOM AOR.
                    (E) <<NOTE: Assessment.>>  A detailed assessment of 
                the anticipated effect that such a reduction would have 
                on military and intelligence efforts in the AFRICOM AOR.
            (2) <<NOTE: Classified information.>>  Form.--The report 
        required by paragraph (1) shall be submitted in unclassified 
        form, but may contain a classified annex.

    (c) Definitions.--In this section:
            (1) AFRICOM aor.--The term ``AFRICOM AOR'' means the United 
        States Africa Command area of responsibility.
            (2) Covered united states armed forces.--The term ``covered 
        United States Armed Forces''--
                    (A) means United States Armed Forces that are 
                deployed to the AFRICOM AOR and under the command 
                authority and operational control of the Commander of 
                United States Africa Command; but
                    (B) does not include--
                          (i) forces deployed in conjunction with other 
                      Commands;
                          (ii) forces participating in joint exercises;
                          (iii) forces used to assist in emergency 
                      situations; and
                          (iv) forces designated or assigned for 
                      diplomatic or embassy security.

[[Page 134 STAT. 3991]]

SEC. 1292. NOTIFICATION WITH RESPECT TO WITHDRAWAL OF MEMBERS OF 
                          THE ARMED FORCES PARTICIPATING IN THE 
                          MULTINATIONAL FORCE AND OBSERVERS IN 
                          EGYPT.

    (a) <<NOTE: Deadline.>>  In General.--Not later than 30 days before 
a reduction in the total number of members of the Armed Forces assigned 
to participate in the Multinational Force and Observers in Egypt to 
fewer than 430 such members of the Armed Forces, the Secretary of 
Defense shall submit to the appropriate committees of Congress a 
notification that includes the following:
            (1) A detailed accounting of the number of members of the 
        Armed Forces to be withdrawn from the Multinational Force and 
        Observers in Egypt and the capabilities that such members of the 
        Armed Forces provide in support of the mission.
            (2) An explanation of national security interests of the 
        United States served by such a reduction and an assessment of 
        the effect, if any, such a reduction is expected to have on the 
        security of United States partners in the region.
            (3) A description of consultations by the Secretary with the 
        other countries that contribute military forces to the 
        Multinational Force and Observers, including Australia, Canada, 
        Colombia, the Czech Republic, Fiji, France, Italy, Japan, New 
        Zealand, Norway, the United Kingdom, and Uruguay, with respect 
        to the planned force reduction and the results of such 
        consultations.
            (4) <<NOTE: Assessment.>>  An assessment of whether other 
        countries, including the countries that contribute military 
        forces to the Multinational Force and Observers, will increase 
        their contributions of military forces to compensate for the 
        capabilities withdrawn by the United States.
            (5) An explanation of--
                    (A) any anticipated negative impact of such a 
                reduction on the ability of the Multinational Force and 
                Observers in Egypt to fulfill its mission of supervising 
                the implementation of the security provisions of the 
                1979 Treaty of Peace between Egypt and Israel and 
                employing best efforts to prevent any violation of the 
                terms of such treaty; and
                    (B) the manner in which any such negative impact 
                will be mitigated.
            (6) Any other matter the Secretary considers appropriate.

    (b) <<NOTE: Classified information.>>  Form.--The notification 
required by subsection (a) shall be submitted in unclassified form, but 
may include a classified annex.

    (c) Appropriate Committees of Congress Defined.--In this section, 
the term ``appropriate committees of Congress'' means--
            (1) the congressional defense committees; and
            (2) the Committee on Foreign Relations of the Senate and the 
        Committee on Foreign Affairs of the House of Representatives.
SEC. 1293. REPORT ON ENHANCING SECURITY PARTNERSHIPS BETWEEN THE 
                          UNITED STATES AND AFRICAN COUNTRIES.

    (a) Report Required.--
            (1) <<NOTE: Coordination.>>  In general.--Not later than 180 
        days after the date of the enactment of this Act, the Secretary 
        of Defense, in coordination with the Secretary of State, shall 
        submit to the

[[Page 134 STAT. 3992]]

        appropriate congressional committees a report on the activities 
        and resources required to enhance security partnerships between 
        the United States and African countries.
            (2) Elements.--The report required under paragraph (1) shall 
        include the following:
                    (A) A description of the Department of Defense's 
                approach to conducting security cooperation activities 
                in Africa, including how it identifies and prioritizes 
                its security partnerships in Africa.
                    (B) A description of how the Department's security 
                cooperation activities benefit other Federal departments 
                and agencies that are operating in Africa.
                    (C) <<NOTE: Recommenda- tions.>>  Recommendations to 
                improve the ability of the Department to achieve 
                sustainable security benefits from its security 
                cooperation activities in Africa, which may include--
                          (i) the establishment of contingency 
                      locations;
                          (ii) small-scale construction conducted in 
                      accordance with existing law; and
                          (iii) the acquisition of additional training 
                      and equipment by African partners to improve their 
                      organizational, operational, mobility, and 
                      sustainment capabilities.
                    (D) <<NOTE: Recommenda- tions.>>  Recommendations to 
                expand and strengthen partner capability to conduct 
                security activities, including traditional activities of 
                the combatant commands, train and equip opportunities, 
                State partnerships with the National Guard, and through 
                multilateral activities.
                    (E) A description of how the following factors may 
                impact the ability of the Department to strengthen 
                security partnerships in Africa:
                          (i) The economic development and stability of 
                      African countries.
                          (ii) The military, intelligence, diplomatic, 
                      developmental, and humanitarian efforts of China 
                      and Russia on the African continent.
                          (iii) The ability of the United States, 
                      allies, and partners to combat violent extremist 
                      organizations operating in Africa.
                    (F) Any other matters the Secretary determines to be 
                relevant.
            (3) <<NOTE: Classified information.>>  Form.--The report 
        required under paragraph (1) may be submitted in classified 
        form, but shall include an unclassified summary.

    (b) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional defense committees; and
            (2) the Committee on Foreign Relations of the Senate and the 
        Committee on Foreign Affairs of the House of Representatives.
SEC. 1294. PLAN TO ADDRESS GROSS VIOLATIONS OF HUMAN RIGHTS AND 
                          CIVILIAN HARM IN BURKINA FASO, CHAD, 
                          MALI, AND NIGER.

    (a) Plan <<NOTE: Deadline. Consultation.>>  Required.--Not later 
than 180 days after the date of the enactment of this Act, the Secretary 
of State, in consultation

[[Page 134 STAT. 3993]]

with the Secretary of Defense, shall submit to the appropriate 
congressional committees a plan to engage with the Governments of 
Burkina Faso, Chad, Mali, and Niger to prevent civilian harm and address 
allegations of gross violations of human rights by the security forces 
of these countries and non-state armed groups, and ensure accountability 
for such violations.

    (b) Matters to Be Included.--The plan required by subsection (a) 
shall include the following:
            (1) A description of planned public and private diplomatic 
        engagement to support efforts by the Governments of Burkina 
        Faso, Chad, Mali, and Niger to investigate, prosecute, and 
        sentence any individual or group against which there are 
        credible allegations of gross violations of human rights, 
        including by state security forces and non-state armed groups, 
        and an assessment of the effectiveness of such engagement.
            (2) An identification of United States assistance and 
        programs to address gross violations of human rights and 
        civilian harm, improve civil-military relations, and strengthen 
        accountability of Burkina Faso, Chad, Mali, and Niger through 
        their military justice systems, including support for building 
        the capacity of provost marshals.
            (3) A description of how such United States assistance and 
        programs have been used to address gross violations of human 
        rights, civilian harm, and civil-military relations, and an 
        assessment of how they can be strengthened to prevent and 
        mitigate civilian harm.
            (4) A description of plans to coordinate United States 
        efforts with France, the European Union, the United Nations 
        Stabilization Mission in Mali (MINUSMA), the African Union, and 
        the G5 Sahel Joint Force to decrease gross violations of human 
        rights and minimize civilian harm during military operations in 
        the Sahel.
            (5) A description of efforts undertaken by the Governments 
        of Burkina Faso, Chad, Mali, and Niger to prevent and decrease 
        instances of gross violations of human rights or civilian harm 
        perpetrated by state security forces or non-state armed groups 
        that have received material support from or conducted joint 
        counterterrorism operations with these security forces, and an 
        assessment of the effectiveness of these efforts.
            (6) A description of any confirmed incidents or reports of 
        civilian harm that may have occurred during United States 
        military advise, assist, or accompany operations during the 
        preceding calendar year.
            (7) Any other matters that the Secretary considers to be 
        relevant.

    (c) <<NOTE: Classified information.>>  Form.--The plan required by 
subsection (a) shall be submitted in unclassified form, but may include 
a classified annex.

    (d) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on Armed Services of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on Armed Services of the Senate.

[[Page 134 STAT. 3994]]

            (2) Civilian harm.--The term ``civilian harm'' means 
        conflict-related death, physical injury, loss of property or 
        livelihood, or interruption of access to essential services.
SEC. 1295. STATEMENT OF POLICY AND REPORT RELATING TO THE CONFLICT 
                          IN YEMEN.

    (a) <<NOTE: 22 USC 2151 note.>>  Statement of Policy.--It is the 
policy of the United States--
            (1) to protect United States citizens and strategic 
        interests in the Middle East region;
            (2) to support United Nations-led efforts to end violence in 
        Yemen and secure a comprehensive political settlement to the 
        conflict in Yemen that results in protection of civilians and 
        civilian infrastructure and alleviates the humanitarian crisis 
        including by facilitating unfettered access for all Yemenis to 
        food, fuel, and medicine;
            (3) to encourage all parties to the conflict in Yemen to 
        participate in good faith in the United Nations-led process and 
        to uphold interim agreements as part of that process to end the 
        conflict, leading to reconstruction in Yemen;
            (4) to support United States allies and partners in 
        defending their borders and territories in order to maintain 
        stability and security in the Middle East region and encourage 
        burden sharing among such allies and partners;
            (5) to assist United States allies and partners in 
        countering destabilization of the Middle East region;
            (6) to oppose Iranian arms transfers in violation of United 
        Nations Security Council resolutions, including transfers to the 
        Houthis;
            (7) to encourage the Government of Saudi Arabia and the 
        Government of the United Arab Emirates to assist significantly 
        in the economic stabilization and eventual reconstruction of 
        Yemen; and
            (8) to encourage all parties to the conflict to comply with 
        the law of armed conflict, including to investigate credible 
        allegations of war crimes and provide redress to civilian 
        victims.

    (b) Report on Conflict in Yemen.--
            (1) <<NOTE: Consultation.>>  In general.--Not later than 120 
        days after the date of the enactment of this Act, the Secretary 
        of State, in consultation with the Secretary of Defense and the 
        Director of National Intelligence, shall submit to the 
        appropriate congressional committees a report on United States 
        policy in Yemen.
            (2) Matters to be included.--The report required under 
        paragraph (1) shall include the following:
                    (A) A detailed description of diplomatic actions 
                taken by the United States Government to help ease human 
                suffering in Yemen, including--
                          (i) United States direct humanitarian 
                      assistance and United States donations to 
                      multilateral humanitarian assistance efforts, 
                      including to address the COVID-19 pandemic;
                          (ii) efforts to ensure that humanitarian 
                      assistance is delivered in line with 
                      internationally recognized humanitarian 
                      principles, and the results of such efforts;
                          (iii) efforts to facilitate humanitarian and 
                      commercial cargo shipments into Yemen and minimize 
                      delays

[[Page 134 STAT. 3995]]

                      associated with such shipments, including access 
                      to ports for humanitarian and commercial cargo, 
                      and the results of such efforts;
                          (iv) efforts to work with parties to the 
                      conflict in Yemen to ensure protection of 
                      civilians and civilian infrastructure, and the 
                      results of such efforts;
                          (v) efforts to help the Government of Yemen to 
                      create a mechanism to ensure that salaries and 
                      pensions are paid to civil servants as 
                      appropriate, and the results of such efforts; and
                          (vi) efforts to work with the Government of 
                      Yemen and countries that are members of the Saudi-
                      led coalition in Yemen to address the currency 
                      crisis in Yemen and the solvency of the Central 
                      Bank of Yemen, and the results of such efforts.
                    (B) <<NOTE: Assessment.>>  An assessment of plans, 
                commitments, and pledges for reconstruction of Yemen 
                made by countries that are members of the Saudi-led 
                coalition in Yemen, including an assessment of proposed 
                coordination with the Government of Yemen and 
                international organizations.
                    (C) A description of civilian harm occurring in the 
                context of the conflict in Yemen since November 2017, 
                including mass casualty incidents and damage to, or 
                destruction of, civilian infrastructure and services.
                    (D) <<NOTE: Estimate.>>  An estimated total number 
                of civilian casualties in the context of the conflict in 
                Yemen since September 2014, disaggregated by year.
                    (E) A detailed description of actions taken by the 
                United States Government to support the efforts of the 
                United Nations Special Envoy for Yemen to reach a 
                lasting political solution in Yemen.
                    (F) <<NOTE: Assessment.>>  A detailed assessment of 
                whether and to what extent members of the Saudi-led 
                coalition in Yemen have used United States-origin 
                defense articles and defense services in Yemen in 
                contravention of the laws of armed conflict when 
                engaging in any military operations against the Houthis 
                in Yemen.
                    (G) A description of external and cross border 
                attacks perpetrated by the Houthis.
                    (H) <<NOTE: Assessment.>>  A detailed assessment of 
                the Government of Yemen's willingness and capacity to 
                effectively--
                          (i) provide public services to the people of 
                      Yemen;
                          (ii) service the external debts of Yemen; and
                          (iii) facilitate or ensure access to 
                      humanitarian assistance and key commodities in 
                      Yemen.
                    (I) A description of support for the Houthis by Iran 
                and Iran-backed groups, including the provision of 
                weapons and training.
                    (J) A description of recruitment and use of child 
                soldiers by parties to the conflict in Yemen.
            (3) <<NOTE: Classified information.>>  Form.--The report 
        required by paragraph (1) shall be submitted in unclassified 
        form without any designation relating to dissemination control, 
        but may contain a classified annex.
            (4) Appropriate congressional committees defined.--In this 
        subsection, the term ``appropriate congressional committees'' 
        means--
                    (A) the congressional defense committees;

[[Page 134 STAT. 3996]]

                    (B) the Committee on Foreign Relations and the 
                Select Committee on Intelligence of the Senate; and
                    (C) the Committee on Foreign Affairs and the 
                Permanent Select Committee on Intelligence of the House 
                of Representatives.
SEC. 1296. REPORT ON UNITED STATES MILITARY SUPPORT OF THE SAUDI-
                          LED COALITION IN YEMEN.

    (a) In General.--Not later than 1 year after the date of the 
enactment of this Act, the Comptroller General of the United States 
shall submit to the appropriate committees of Congress a report that 
includes the following:
            (1) A description of all military support, training, and 
        defense articles and services provided by the Department of 
        Defense to Saudi Arabia, the Government of the United Arab 
        Emirates, and other countries participating in the Saudi-led 
        coalition since March 2015, including--
                    (A) an annual description, by fiscal year or 
                calendar year, of all transfers of logistics support, 
                supplies, defense articles, and services under sections 
                2341 and 2342 of title 10, United States Code, or any 
                other applicable law;
                    (B) a description of the total financial value of 
                such transfers and which countries bore the cost 
                described in subparagraph (A) of these transfers, 
                including the status of any required reimbursement of 
                costs from Saudi Arabia, the Government of the United 
                Arab Emirates and the Saudi-led coalition to the 
                Department of Defense; and
                    (C) a description of the types of training, advice, 
                and assistance provided by the Department of Defense, 
                including the authorities under which this training was 
                provided, and an assessment of the extent to which such 
                training has included--
                          (i) tactics, techniques, or procedures that 
                      could be used to restrict the movement of 
                      commercial and humanitarian shipments or the 
                      movement of persons into or out of Yemen;
                          (ii) tactics, techniques, and procedures to 
                      reduce civilian casualties and damage to civilian 
                      infrastructure; and
                          (iii) an emphasis on human rights and the laws 
                      of armed conflict.
            (2) <<NOTE: Evaluation. Determination.>>  A description and 
        evaluation of processes used by the Department of Defense to 
        determine whether the types of military support described in 
        paragraph (1) have--
                    (A) affected the movement of persons into or out of 
                Yemen, the restriction of the movement of commercial and 
                humanitarian shipments into and out of Yemen, or the 
                illicit profit from such importation by any of the 
                warring parties in the conflict in Yemen;
                    (B) contributed to or reduced civilian casualties 
                and damage to civilian infrastructure in Yemen; and
                    (C) contributed to or reduced violations of the laws 
                of armed conflict in Yemen, including any credibly 
                alleged violations of torture, arbitrary detention, and 
                other gross violations of internationally recognized 
                human rights by countries that are members of the Saudi-
                led coalition in Yemen and the Republic of Yemen 
                Government.

[[Page 134 STAT. 3997]]

            (3) The responsiveness and completeness of any 
        certifications submitted pursuant to section 1290 of the John S. 
        McCain National Defense Authorization Act for Fiscal Year 2019 
        (Public Law 115-232; 132 Stat. 2081), as of the date of the 
        submission of the report required by this section.
            (4) The responsiveness and completeness of any reports 
        submitted pursuant to section 1274 of the John S. McCain 
        National Defense Authorization Act for Fiscal Year 2019 (Public 
        Law 115-232; 132 Stat. 2067), as of such date of submission.

    (b) Form.--The report required by subsection (a) shall be submitted 
in unclassified form, but may include a classified annex.
    (c) Appropriate Committees of Congress.--In this section, the term 
``appropriate committees of Congress'' means--
            (1) the congressional defense committees;
            (2) the Committee on Foreign Relations, the Select Committee 
        on Intelligence, and the Committee on Banking, Housing, and 
        Urban Affairs of the Senate; and
            (3) the Committee on Foreign Affairs, the Permanent Select 
        Committee on Intelligence, and the Committee on Financial 
        Services of the House of Representatives.
SEC. 1297. SENSE OF CONGRESS ON PAYMENT OF AMOUNTS OWED BY KUWAIT 
                          TO UNITED STATES MEDICAL INSTITUTIONS.

    (a) Findings.--Congress finds that--
            (1) at least 45 medical institutions in the United States 
        have provided medical services to citizens of Kuwait; and
            (2) despite providing care for their citizens, Kuwait has 
        not paid amounts owed to such United States medical institutions 
        for such services in over 2 years.

    (b) Sense of Congress.--It is the sense of Congress that--
            (1) Kuwait is an important partner of the United States in 
        the Middle East and both countries should find ways to address 
        irritants in the bilateral relationship;
            (2) the United States should seek a resolution with Kuwait 
        regarding the outstanding amounts Kuwait owes to United States 
        medical institutions for medical services provided to citizens 
        of Kuwait, especially during the COVID-19 pandemic; and
            (3) Kuwait should immediately pay such outstanding amounts 
        owed to such United States medical institutions.

                        Subtitle K--Other Matters

SEC. 1299A. PROVISION OF GOODS AND SERVICES AT KWAJALEIN ATOLL, 
                            REPUBLIC OF THE MARSHALL ISLANDS.

    (a) In General.--Chapter 767 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 7596. <<NOTE: 10 USC 7596.>>  Provision of goods and 
                  services at Kwajalein Atoll

    ``(a) Authority.--(1) Except as provided in paragraph (2), the 
Secretary of the Army, with the concurrence of the Secretary of State, 
may provide goods and services, including interatoll transportation, to 
the Government of the Republic of the Marshall Islands and other 
eligible patrons, as determined by the Secretary of the Army, at 
Kwajalein Atoll.
    ``(2) The Secretary of the Army may not provide goods or services 
under this section if doing so would be inconsistent, as

[[Page 134 STAT. 3998]]

determined by the Secretary of State, with the Compact of Free 
Association between the Government of the United States and the 
Government of the Republic of the Marshall Islands or any subsidiary 
agreement or implementing arrangement.
    ``(b) Reimbursement.--(1) The Secretary of the Army may collect 
reimbursement from the Government of the Republic of the Marshall 
Islands and eligible patrons for the provision of goods or services 
under subsection (a).
    ``(2) The amount collected for goods or services under this 
subsection may not be greater than the total amount of actual costs to 
the United States for providing the goods or services.
    ``(c) Necessary Expenses.--Amounts appropriated to the Department of 
the Army may be used for necessary expenses associated with providing 
goods and services under this section.
    ``(d) Regulations.--The Secretary of the Army shall issue 
regulations to carry out this section.''.
    (b) <<NOTE: 10 USC 7591 prec.>>  Clerical Amendment.--The table of 
sections at the beginning of such chapter is amended by adding at the 
end the following new item:

``7596. Provision of goods and services at Kwajalein Atoll.''.

    (c) <<NOTE: Deadline. Summary.>>  Briefing.--Not later than December 
31, 2021, the Secretary of the Army shall provide to the congressional 
defense committees a briefing on the use of the authority under section 
7596(a) of title 10, United States Code, as added by subsection (a), in 
fiscal year 2021, including a written summary describing the goods and 
services provided on a reimbursable basis and the goods and services 
provided on a nonreimbursable basis.
SEC. 1299B. REPORT ON CONTRIBUTIONS RECEIVED FROM DESIGNATED 
                            COUNTRIES.

    Section 2350j of title 10, United States Code, is amended by adding 
at the end the following new subsection:
    ``(f) Report on Contributions Received From Designated Countries.--
            ``(1) In general.--Not later than January 15 each year, the 
        Secretary of Defense shall submit to the appropriate committees 
        of Congress a report on the burden sharing contributions 
        received under this section from designated countries.
            ``(2) Elements.--Each report required by paragraph (1) shall 
        include the following for the preceding fiscal year:
                    ``(A) A list of all designated countries from which 
                burden sharing contributions were received.
                    ``(B) An explanation of the purpose for which each 
                such burden sharing contribution was provided.
                    ``(C) A description of any written agreement entered 
                into with a designated country under this section, 
                including the date on which the agreement was signed.
                    ``(D) For each designated country--
                          ``(i) the amount provided by the designated 
                      country; and
                          ``(ii) the amount of any remaining unobligated 
                      balance.
                    ``(E) The amount of such burden sharing 
                contributions expended, by eligible category, including 
                compensation for local national employees, military 
                construction projects, and supplies and services of the 
                Department of Defense.

[[Page 134 STAT. 3999]]

                    ``(F) Any other matter the Secretary of Defense 
                considers relevant.
            ``(3) Appropriate committees of congress defined.--In this 
        subsection, the term `appropriate committees of Congress' 
        means--
                    ``(A) the Committee on Armed Services, the Committee 
                on Foreign Relations, and the Committee on 
                Appropriations of the Senate; and
                    ``(B) the Committee on Armed Services, the Committee 
                on Foreign Affairs, and the Committee on Appropriations 
                of the House of Representatives.''.
SEC. 1299C. MODIFICATION TO INITIATIVE TO SUPPORT PROTECTION OF 
                            NATIONAL SECURITY ACADEMIC RESEARCHERS 
                            FROM UNDUE INFLUENCE AND OTHER 
                            SECURITY THREATS.

    Section 1286 of the John S. McCain National Defense Authorization 
Act for Fiscal Year 2019 (10 U.S.C. 2358 note; Public Law 115-232) is 
amended to read as follows:
``SEC. 1286. INITIATIVE TO SUPPORT PROTECTION OF NATIONAL SECURITY 
                          ACADEMIC RESEARCHERS FROM UNDUE 
                          INFLUENCE AND OTHER SECURITY THREATS.

    ``(a) <<NOTE: Consultation.>>  Initiative Required.--The Secretary 
of Defense shall, in consultation with other appropriate government 
organizations, establish an initiative to work with institutions of 
higher education who perform defense research and engineering 
activities--
            ``(1) to support protection of intellectual property, 
        controlled information, key personnel, and information about 
        critical technologies relevant to national security;
            ``(2) to limit undue influence, including through foreign 
        talent programs, by countries to exploit United States 
        technology within the Department of Defense research, science 
        and technology, and innovation enterprise; and
            ``(3) to support efforts toward development of domestic 
        talent in relevant scientific and engineering fields.

    ``(b) Institutions and Organizations.--The initiative required by 
subsection (a) shall be developed and executed to the maximum extent 
practicable with academic research institutions and other educational 
and research organizations.
    ``(c) Requirements.--The initiative required by subsection (a) shall 
include development of the following:
            ``(1) Information exchange forum and information 
        repositories to enable awareness of security threats and 
        influence operations being executed against the United States 
        research, technology, and innovation enterprise.
            ``(2) <<NOTE: Consultation.>>  Training developed and 
        delivered in consultation with institutions of higher education 
        and appropriate Government agencies, and other support to 
        institutions of higher education, to promote security and limit 
        undue influence on institutions of higher education and 
        personnel, including Department of Defense financial support to 
        carry out such activities, that--
                    ``(A) emphasizes best practices for protection of 
                sensitive national security information;
                    ``(B) includes the dissemination of unclassified 
                materials and resources for identifying and protecting 
                against emerging threats to institutions of higher 
                education, including specific counterintelligence 
                information and

[[Page 134 STAT. 4000]]

                advice developed specifically for faculty and academic 
                researchers based on actual identified threats; and
                    ``(C) includes requirements for appropriate senior 
                officials of institutions of higher education to receive 
                from appropriate Government agencies updated and 
                periodic briefings that describe the espionage risks to 
                academic institutions and associated personnel posed by 
                technical intelligence gathering activities of near-peer 
                strategic competitors.
            ``(3) The capacity of Government agencies and institutions 
        of higher education to assess whether individuals affiliated 
        with Department of Defense programs have participated in or are 
        currently participating in foreign talent programs or expert 
        recruitment programs.
            ``(4) Opportunities to collaborate with defense researchers 
        and research organizations in secure facilities to promote 
        protection of critical information and strengthen defense 
        against foreign intelligence services.
            ``(5) Regulations and procedures--
                    ``(A) for Government agencies and academic 
                organizations and personnel to support the goals of the 
                initiative; and
                    ``(B) that are consistent with policies that protect 
                open and scientific exchange in fundamental research.
            ``(6) Policies to limit or prohibit funding provided by the 
        Department of Defense for institutions or individual researchers 
        who knowingly violate regulations developed under the 
        initiative, including regulations relating to foreign talent 
        programs.
            ``(7) Initiatives to support the transition of the results 
        of institution of higher education research programs into 
        defense capabilities.
            ``(8)(A) <<NOTE: List.>>  A list of academic institutions of 
        the People's Republic of China, the Russian Federation, and 
        other countries that--
                    ``(i) have a history of improper technology 
                transfer, intellectual property theft, or cyber or human 
                espionage;
                    ``(ii) operate under the direction of the military 
                forces or intelligence agency of the applicable country;
                    ``(iii) are known--
                          ``(I) to recruit foreign individuals for the 
                      purpose of transferring knowledge to advance 
                      military or intelligence efforts; or
                          ``(II) to provide misleading information or 
                      otherwise attempt to conceal the connections of an 
                      individual or institution to a defense or an 
                      intelligence agency of the applicable country; or
                    ``(iv) pose a serious risk of improper technology 
                transfer of data, technology, or research that is not 
                published or publicly available.
            ``(B) <<NOTE: Updates. Consultation.>>  The list described 
        in subparagraph (A) shall be developed and continuously updated 
        in consultation with the Bureau of Industry and Security of the 
        Department of Commerce, the Director of National Intelligence, 
        United States institutions of higher education that conduct 
        significant Department of Defense research or engineering 
        activities, and other appropriate individuals and organizations.

[[Page 134 STAT. 4001]]

            ``(9)(A) <<NOTE: List.>>  A list, developed and continuously 
        updated in consultation with the National Academies of Science, 
        Engineering, and Medicine and the appropriate Government 
        agencies, of foreign talent programs that pose a threat to the 
        national security interests of the United States, as determined 
        by the Secretary.
            ``(B) In developing and updating such list, the Secretary 
        shall consider--
                    ``(i) the extent to which a foreign talent program--
                          ``(I) poses a threat to research funded by the 
                      Department of Defense; and
                          ``(II) engages in, or facilitates, cyber 
                      attacks, theft, espionage, attempts to gain 
                      ownership of or influence over companies, or 
                      otherwise interferes in the affairs of the United 
                      States; and
                    ``(ii) any other factor the Secretary considers 
                appropriate.

    ``(d) Procedures for Enhanced Information Sharing.--
            ``(1) Collection of information.--
                    ``(A) <<NOTE: Deadline.>>  Defense research and 
                development activities.--Not later than October 1, 2020, 
                for the purpose of maintaining appropriate security 
                controls over research activities, technical 
                information, and intellectual property, the Secretary, 
                in conjunction with appropriate public and private 
                entities, shall establish streamlined procedures to 
                collect appropriate information relating to individuals, 
                including United States citizens and foreign nationals, 
                who participate in defense research and development 
                activities.
                    ``(B) Fundamental research programs.--With respect 
                to fundamental research programs, the academic liaison 
                designated under subsection (g) shall establish policies 
                and procedures to collect, consistent with the best 
                practices of Government agencies that fund academic 
                research, appropriate information relating to 
                individuals who participate in fundamental research 
                programs.
            ``(2) Protection from release.--The procedures required by 
        paragraph (1) shall include procedures to protect such 
        information from release, consistent with applicable 
        regulations.
            ``(3) Reporting to government information systems and 
        repositories.--The procedures required by paragraph (1) may 
        include procedures developed, in coordination with appropriate 
        public and private entities, to report such information to 
        existing Government information systems and repositories.

    ``(e) Annual Report.--
            ``(1) In general.--Not later than April 30, 2020, and 
        annually thereafter, the Secretary, acting through appropriate 
        Government officials (including the Under Secretary for Research 
        and Engineering), shall submit to the congressional defense 
        committees a report on the activities carried out under the 
        initiative required by subsection (a).
            ``(2) Contents.--The report required by paragraph (1) shall 
        include the following:
                    ``(A) A description of the activities conducted and 
                the progress made under the initiative.
                    ``(B) The findings of the Secretary with respect to 
                the initiative.

[[Page 134 STAT. 4002]]

                    ``(C) <<NOTE: Recommenda- tions.>>  Such 
                recommendations as the Secretary may have for 
                legislative or administrative action relating to the 
                matters described in subsection (a), including actions 
                related to foreign talent programs.
                    ``(D) Identification and discussion of the gaps in 
                legal authorities that need to be improved to enhance 
                the security of research institutions of higher 
                education performing defense research.
                    ``(E) A description of the actions taken by such 
                institutions to comply with such best practices and 
                guidelines as may be established by under the 
                initiative.
                    ``(F) Identification of any incident relating to 
                undue influence to security threats to academic research 
                activities funded by the Department of Defense, 
                including theft of property or intellectual property 
                relating to a project funded by the Department at an 
                institution of higher education.
            ``(3) Form.--The report submitted under paragraph (1) shall 
        be submitted in both unclassified and classified formats, as 
        appropriate.

    ``(f) Publication of Updated Lists.--
            ``(1) <<NOTE: Deadline.>>  Submittal to congress.--Not later 
        than January 1, 2021, and annually thereafter, the Secretary 
        shall submit to the congressional defense committees the most 
        recently updated lists described in paragraphs (8) and (9) of 
        subsection (c).
            ``(2) Form.--Each list submitted under paragraph (1) shall 
        be submitted in unclassified form but may include a classified 
        annex.
            ``(3) Public availability.--Each list submitted under 
        paragraph (1) shall be published on a publicly accessible 
        internet website of the Department of Defense in a searchable 
        format.
            ``(4) Intervening submittal and publication.--The Secretary 
        may submit and publish an updated list described in paragraph 
        (1) more frequently than required by that paragraph, as the 
        Secretary considers necessary.

    ``(g) Designation of Academic Liaison.--
            ``(1) <<NOTE: Deadline.>>  In general.--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, acting through the Under Secretary of 
        Defense for Research and Engineering, shall designate an 
        academic liaison with principal responsibility for working with 
        the academic and research communities to protect Department-
        sponsored academic research of concern from undue foreign 
        influence and threats.
            ``(2) Qualification.--The Secretary shall designate an 
        individual under paragraph (1) who is an official of the Office 
        of the Under Secretary of Defense for Research and Engineering.
            ``(3) Duties.--The duties of the academic liaison designated 
        under paragraph (1) shall be as follows:
                    ``(A) To serve as the liaison of the Department with 
                the academic and research communities.
                    ``(B) To execute initiatives of the Department 
                related to the protection of Department-sponsored 
                academic research of concern from undue foreign 
                influence and threats, including the initiative required 
                by subsection (a).
                    ``(C) To conduct outreach and education activities 
                for the academic and research communities on undue 
                foreign

[[Page 134 STAT. 4003]]

                influence and threats to Department-sponsored academic 
                research of concern.
                    ``(D) To coordinate and align academic security 
                policies with Department component agencies, the Office 
                of Science and Technology Policy, the intelligence 
                community, and appropriate Federal agencies.
                    ``(E) To the extent practicable, to coordinate with 
                the intelligence community to share, not less frequently 
                than annually, with the academic and research 
                communities unclassified information, including 
                counterintelligence information, on threats from undue 
                foreign influence.
                    ``(F) Any other related responsibility, as 
                determined by the Secretary in consultation with the 
                Under Secretary of Defense for Research and Engineering.

    ``(h) Institution of Higher Education Defined.--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).''.
SEC. 1299D. EXTENSION OF AUTHORIZATION OF NON-CONVENTIONAL 
                            ASSISTED RECOVERY CAPABILITIES.

    Subsection (g) of section 943 of the Duncan Hunter National Defense 
Authorization Act for Fiscal Year 2009 (Public Law 110-417; 122 Stat. 
4578) is amended by striking ``2021'' and inserting ``2023''.
SEC. 1299E. ANNUAL BRIEFINGS ON CERTAIN FOREIGN MILITARY BASES OF 
                            ADVERSARIES.

    (a) <<NOTE: Deadline.>>  Requirement.--Not later than February 15 of 
each year, the Chairman of the Joint Chiefs of Staff and the Secretary 
of Defense, acting through the Under Secretary of Defense for 
Intelligence and Security, shall provide to the congressional defense 
committees, the Committee on Foreign Affairs of the House of 
Representatives, and the Committee on Foreign Relations of the Senate a 
briefing on--
            (1) covered foreign military bases and the related 
        capabilities of that foreign military; and
            (2) the effects of such bases and capabilities on--
                    (A) the military installations of the United States 
                located outside the United States; and
                    (B) current and future deployments and operations of 
                the armed forces of the United States.

    (b) Elements.--Each briefing under subsection (a) shall include the 
following:
            (1) <<NOTE: Assessment.>>  An assessment of covered foreign 
        military bases, including such bases established by China, 
        Russia, and Iran, and any updates to such assessment provided in 
        a previous briefing under such subsection.
            (2) Information regarding known plans for any future covered 
        foreign military base.
            (3) <<NOTE: Assessment.>>  An assessment of the 
        capabilities, including those pertaining to anti-access and area 
        denial, provided by covered foreign military bases to that 
        foreign military, including an assessment of how such 
        capabilities could be used against the armed forces of the 
        United States in the country and the geographic combatant 
        command in which such base is located.
            (4) A description of known ongoing activities and 
        capabilities at covered foreign military bases, and how such 
        activities

[[Page 134 STAT. 4004]]

        and capabilities advance the foreign policy and national 
        security priorities of the relevant foreign countries.
            (5) The extent to which covered foreign military bases could 
        be used to counter the defense priorities of the United States.

    (c) <<NOTE: Classified information.>>  Form.--Each briefing under 
subsection (a) shall be provided in classified form.

    (d) Covered Foreign Military Base Defined.--In this section, the 
term ``covered foreign military base'' means, with respect to a foreign 
country that is an adversary of the United States, a military base of 
that country located in a different country.
    (e) Sunset.--The requirement to provide briefings under subsection 
(a) shall terminate after the briefing required to be provided by not 
later than February 15, 2025.
SEC. <<NOTE: 22 USC 2656j.>>  1299F. COUNTERING WHITE IDENTITY 
                            TERRORISM GLOBALLY.

    (a) <<NOTE: Deadline.>>  Strategy and Coordination.--Not later than 
six months after the date of the enactment of this Act, the Secretary of 
State shall--
            (1) develop and submit to the Committee on Foreign Affairs 
        of the House of Representatives and the Committee on Foreign 
        Relations of the Senate a Department of State-wide strategy 
        entitled the ``Department of State Strategy for Countering White 
        Identity Terrorism Globally'' (in this section referred to as 
        the ``strategy''); and
            (2) designate the Coordinator for Counterterrorism of the 
        Department to coordinate Department efforts to counter white 
        identity terrorism globally, including with United States 
        diplomatic and consular posts, the Director of the National 
        Counterterrorism Center, the Director of the Central 
        Intelligence Agency, the Attorney General, the Director of 
        National Intelligence, the Secretary of Homeland Security, the 
        Director of the Federal Bureau of Investigation, the Secretary 
        of the Treasury, and the heads of any other relevant Federal 
        departments or agencies.

    (b) Elements.--The strategy shall at a minimum contain the 
following:
            (1) <<NOTE: Assessment.>>  An assessment of the global 
        threat from white identity terrorism abroad, including 
        geographic or country prioritization based on the assessed 
        threat to the United States.
            (2) A description of the coordination mechanisms between 
        relevant bureaus and offices within the Department of State, as 
        well as with United States diplomatic and consular posts, for 
        developing and implementing efforts to counter white identity 
        terrorism.
            (3) A description of how the Department plans to build on 
        any existing strategy developed by the Bureau for 
        Counterterrorism to--
                    (A) adapt or expand existing Department programs, 
                projects, activities, or policy instruments based on 
                existing authorities for the specific purpose of 
                degrading and delegitimizing the white identity 
                terrorist movement globally; and
                    (B) identify the need for any new Department 
                programs, projects, activities, or policy instruments 
                for the specific purpose of degrading and delegitimizing 
                the white

[[Page 134 STAT. 4005]]

                identity terrorist movement globally, including a 
                description of the steps and resources necessary to 
                establish any such programs, projects, activities, or 
                policy instruments, noting whether such steps would 
                require new authorities.
            (4) <<NOTE: Plans.>>  Detailed plans for using public 
        diplomacy, including the efforts of the Secretary of State and 
        other senior Executive Branch officials, including the 
        President, to degrade and delegitimize white identity terrorist 
        ideologues and ideology globally, including by--
                    (A) countering white identity terrorist messaging 
                and supporting efforts to redirect potential supporters 
                away from white identity terrorist content online;
                    (B) exposing foreign government support for white 
                identity terrorist ideologies, objectives, ideologues, 
                networks, organizations, and internet platforms;
                    (C) engaging with foreign governments and internet 
                service providers and other relevant technology 
                entities, to prevent or limit white identity terrorists 
                from exploiting internet platforms in furtherance of or 
                in preparation for acts of terrorism or other targeted 
                violence, as well as the recruitment, radicalization, 
                and indoctrination of new adherents to white identity 
                terrorism; and
                    (D) identifying the roles and responsibilities for 
                the Office of the Under Secretary for Public Affairs and 
                Public Diplomacy and the Global Engagement Center in 
                developing and implementing such plans.
            (5) An outline of steps the Department is taking or will 
        take in coordination, as appropriate, with the Director of the 
        National Counterterrorism Center, the Director of the Central 
        Intelligence Agency, the Attorney General, the Director of 
        National Intelligence, the Secretary of Homeland Security, the 
        Director of the Federal Bureau of Investigation, the Secretary 
        of the Treasury, and the heads of any other relevant Federal 
        departments or agencies to improve information and intelligence 
        sharing with other countries on white identity terrorism based 
        on existing authorities by--
                    (A) describing plans for adapting or expanding 
                existing mechanisms for sharing information, 
                intelligence, or counterterrorism best practices, 
                including facilitating the sharing of information, 
                intelligence, or counterterrorism best practices 
                gathered by Federal, State, and local law enforcement; 
                and
                    (B) proposing new mechanisms or forums that might 
                enable expanded sharing of information, intelligence, or 
                counterterrorism best practices.
            (6) An outline of how the Department plans to use 
        designation as a Specially Designated Global Terrorist (under 
        Executive Order No. 13224 (50 U.S.C. 1701 note)) and foreign 
        terrorist organization (pursuant to section 219 of the 
        Immigration and Nationality Act (8 U.S.C. 1189)) to support the 
        strategy, including--
                    (A) <<NOTE: Assessment.>>  an assessment and 
                explanation of the utility of applying or not applying 
                such designations when individuals or entities satisfy 
                the criteria for such designations; and
                    (B) a description of possible remedies if such 
                criteria are insufficient to enable designation of any 
                individuals

[[Page 134 STAT. 4006]]

                or entities the Secretary of State considers a potential 
                terrorist threat to the United States.
            (7) <<NOTE: Consultation.>>  A description of the 
        Department's plans, in consultation with the Department of the 
        Treasury, to work with foreign governments, financial 
        institutions, and other related entities to counter the 
        financing of white identity terrorists within the parameters of 
        current law, or if no such plans exist, a description of why.
            (8) A description of how the Department plans to implement 
        the strategy in conjunction with ongoing efforts to counter the 
        Islamic State, al-Qaeda, and other terrorist threats to the 
        United States.
            (9) A description of how the Department will integrate into 
        the strategy lessons learned in the ongoing efforts to counter 
        the Islamic State, al-Qaeda, and other terrorist threats to the 
        United States.
            (10) A identification of any additional resources or staff 
        needed to implement the strategy.

    (c) <<NOTE: Consultation.>>  Interagency Coordination.--The 
Secretary of State shall develop the strategy in coordination with the 
Director of the National Counterterrorism Center and in consultation 
with the Director of the Central Intelligence Agency, the Attorney 
General, the Director of National Intelligence, the Secretary of 
Homeland Security, the Director of the Federal Bureau of Investigation, 
the Secretary of the Treasury, and the heads of any other relevant 
Federal departments or agencies.

    (d) Stakeholder Inclusion.--The strategy shall be developed in 
consultation with representatives of United States and international 
civil society and academic entities with experience researching or 
implementing programs to counter white identity terrorism.
    (e) Form.--The strategy shall be submitted in unclassified form that 
can be made available to the public, but may include a classified annex 
if the Secretary of State determines such is appropriate.
    (f) <<NOTE: Deadline.>>  Implementation.--Not later than three 
months after the submission of the strategy, the Secretary of State 
shall begin implementing the strategy.

    (g) <<NOTE: Deadline.>>  Consultation.--Not later than 90 days after 
the date of the enactment of this Act and not less often than annually 
thereafter, the Secretary of State shall consult with the Committee on 
Foreign Affairs of the House of Representatives and the Committee on 
Foreign Relations of the Senate regarding the development and 
implementation of the strategy.

    (h) Country Reports on Terrorism.--The Secretary of State shall 
incorporate all credible information about white identity terrorism, 
including regarding relevant attacks, the identification of perpetrators 
and victims of such attacks, the size and identification of 
organizations and networks, and the identification of notable 
ideologues, in the annual country reports on terrorism submitted 
pursuant to section 140 of the Foreign Relations Authorization Act, 
Fiscal Years 1988 and 1989 (22 U.S.C. 2656f).
    (i) Report on Sanctions.--
            (1) <<NOTE: President. Determinations.>>  In general.--Not 
        later than 120 days and again 240 days after the submission of 
        each annual country report on terrorism submitted pursuant to 
        section 140 of the Foreign Relations Authorization Act, Fiscal 
        Years 1988 and 1989 (22 U.S.C. 2656f), as modified in accordance 
        with subsection (h),

[[Page 134 STAT. 4007]]

        the President shall submit to the Committee on Foreign Affairs 
        of the House of Representatives and the Committee on Foreign 
        Relations of the Senate a report that determines whether the 
        foreign persons, organizations, and networks identified in such 
        annual country reports on terrorism as so modified, satisfy the 
        criteria to be designated as--
                    (A) foreign terrorist organizations under section 
                219 of the Immigration and Nationality Act (8 U.S.C. 
                1189); or
                    (B) Specially Designated Global Terrorist under 
                Executive Order No. 13224 (50 U.S.C. 1701 note).
            (2) <<NOTE: Classified information.>>  Form.--Each 
        determination required under paragraph (1) shall be submitted in 
        unclassified form, but may include a classified annex, if 
        appropriate.

    (j) Requirement for Independent Study to Map the Global White 
Identity Terrorism Movement.--
            (1) <<NOTE: Deadline. Contracts.>>  In general.--Not later 
        than 60 days after the date of the enactment of this Act, the 
        Secretary of State shall enter into a contract with a federally 
        funded research and development center with appropriate 
        expertise and analytical capability to carry out the study 
        described in paragraph (2).
            (2) <<NOTE: Analysis.>>  Study.--The study described in this 
        paragraph shall provide for a comprehensive social network 
        analysis of the global white identity terrorism movement to--
                    (A) identify key actors, organizations, and 
                supporting infrastructure; and
                    (B) map the relationships and interactions between 
                such actors, organizations, and supporting 
                infrastructure.
            (3) Report.--
                    (A) To the secretary.--Not later than one year after 
                the date on which the Secretary of State enters into a 
                contract pursuant to paragraph (1), the federally funded 
                research and development center referred to in such 
                subsection that has entered into such contract with the 
                Secretary shall submit to the Secretary a report 
                containing the results of the study required under this 
                section.
                    (B) <<NOTE: Recommenda- tions.>>  To congress.--Not 
                later than 30 days after receipt of the report under 
                subparagraph (A), the Secretary of State shall submit to 
                the Committee of Foreign Affairs of the House of 
                Representatives and the Committee on Foreign Relations 
                of the Senate such report, together with any additional 
                views or recommendations of the Secretary.
SEC. 1299G. REPORT ON PROGRESS OF THE DEPARTMENT OF DEFENSE WITH 
                            RESPECT TO DENYING THE STRATEGIC GOALS 
                            OF A COMPETITOR AGAINST A COVERED 
                            DEFENSE PARTNER.

    (a) Report on Progress of the Department of Defense With Respect To 
Denying the Strategic Goals of a Competitor Against a Covered Defense 
Partner.--
            (1) <<NOTE: Time period.>>  In general.--Not later than 
        April 30, 2021, and annually thereafter for 5 years, the 
        Secretary of Defense shall submit to the congressional defense 
        committees a report on the progress of the Department of Defense 
        with respect to improving the ability of the United States Armed 
        Forces to conduct combined joint operations to deny the 
        strategic goals of a competitor against a covered defense 
        partner.

[[Page 134 STAT. 4008]]

            (2) Matters to be included.--Each report required by 
        paragraph (1) shall include the following:
                    (A) An explanation of the objectives for the United 
                States Armed Forces that would be necessary to deny the 
                strategic goals of a competitor against a covered 
                defense partner.
                    (B) <<NOTE: Assessments.>>  An identification of 
                joint warfighting capabilities and current efforts to 
                organize, train, and equip the United States Armed 
                Forces in support of the objectives explained pursuant 
                to paragraph (1), including--
                          (i) an assessment of whether the programs 
                      included in the most recent future-years defense 
                      program submitted to Congress under section 221 of 
                      title 10, United States Code, are sufficient to 
                      enable the United States Armed Forces to conduct 
                      combined joint operations to achieve such 
                      objectives;
                          (ii) a description of additional investments 
                      or force posture adjustments required to maintain 
                      or improve the ability of the United States Armed 
                      Forces to conduct combined joint operations to 
                      achieve such objectives;
                          (iii) a description of the manner in which the 
                      Secretary of Defense intends to develop and 
                      integrate Army, Navy, Air Force, Marine Corps, and 
                      Space Force operational concepts to maintain or 
                      improve the ability of the United States Armed 
                      Forces to conduct combined joint operations to 
                      achieve such objectives; and
                          (iv) an assessment of the manner in which 
                      different options for pre-delegating authorities 
                      may improve the ability of the United States Armed 
                      Forces to conduct combined joint operations to 
                      achieve such objectives.
                    (C) An assessment of options for deterring limited 
                use of nuclear weapons by a competitor in the Indo-
                Pacific region without undermining the ability of the 
                United States Armed Forces to maintain deterrence 
                against other competitors or adversaries.
                    (D) An assessment of a competitor theory of victory 
                for invading and unifying a covered defense partner with 
                such competitor by military force.
                    (E) A description of the military objectives a 
                competitor would need to achieve strategic goals.
                    (F) A description of the military missions a 
                strategic competitor would need to achieve strategic 
                goals, including--
                          (i) blockade and bombing operations;
                          (ii) amphibious landing operations; or
                          (iii) combat operations.
                    (G) An assessment of competing demands on a 
                competitor's resources and how such demands impact such 
                competitor's ability to achieve strategic goals.
                    (H) An assessment of the self-defense capabilities 
                of covered defense partners and a summary of defense 
                articles and services that are required to enhance such 
                capability.
                    (I) An assessment of the capabilities of partner and 
                allied countries to conduct combined operations with the 
                United States Armed Forces in a regional contingency.

[[Page 134 STAT. 4009]]

            (3) <<NOTE: Classified information.>>  Form.--Each report 
        required by paragraph (1) shall be submitted in classified form 
        but may include an unclassified executive summary.

    (b) Definitions.--In this section:
            (1) The term ``competitor'' means a country identified as a 
        strategic competitor in the ``Summary of the 2018 National 
        Defense Strategy of the United States of America: Sharpening the 
        American Military's Competitive Edge'' issued by the Department 
        of Defense pursuant to section 113 of title 10, United States 
        Code.
            (2) The term ``covered defense partner'' means a partner 
        identified in the ``Department of Defense Indo-Pacific Strategy 
        Report'' issued on June 1, 2019, that is located within 100 
        miles off the coast of a strategic competitor.
            (3) The term ``strategic goals'' means, with respect to a 
        competitor, a strategy designed to allow the competitor to 
        rapidly use military force to effectively control the territory 
        of a covered defense partner before the United States Armed 
        Forces are able to respond.
SEC. 1299H. COMPARATIVE STUDIES ON DEFENSE BUDGET TRANSPARENCY OF 
                            THE PEOPLE'S REPUBLIC OF CHINA, THE 
                            RUSSIAN FEDERATION, AND THE UNITED 
                            STATES.

    (a) <<NOTE: Deadlines.>>  Studies Required.--
            (1) Department of defense study.--Not later than 270 days 
        after the date of the enactment of this Act, the Secretary of 
        Defense shall complete a comparative study on the defense 
        budgets of the People's Republic of China, the Russian 
        Federation, and the United States.
            (2) Independent study.--
                    (A) In general.--Not later than 90 days after the 
                date of the enactment of this Act, the Secretary shall 
                offer to enter into an agreement with an entity 
                independent of the Department of Defense to conduct a 
                comparative study on the defense budgets of the People's 
                Republic of China, the Russian Federation, and the 
                United States, to be completed not later than 270 days 
                after the date on which the offer to enter into the 
                agreement is made.
                    (B) Federally funded research and development 
                center.--The entity described in subparagraph (A) shall 
                be a federally funded research and development center.
            (3) Goal.--The goal of the studies required by paragraphs 
        (1) and (2) shall be to develop a methodologically sound set of 
        assumptions to underpin a comparison of the defense spending of 
        the People's Republic of China, the Russian Federation, and the 
        United States.

    (b) <<NOTE: Analyses.>>  Elements.--
            (1) In general.--Each study required by subsection (a) shall 
        do the following:
                    (A) <<NOTE: Determination.>>  Determine the amounts 
                invested by each subject country across functional 
                categories for spending, including--
                          (i) defense-related research and development;
                          (ii) weapons procurement from domestic and 
                      foreign sources;
                          (iii) operations and maintenance;
                          (iv) pay and benefits; and

[[Page 134 STAT. 4010]]

                          (v) military pensions.
                    (B) Consider the effects of purchasing power parity 
                and market exchange rates, particularly on nontraded 
                goods.
                    (C) Consider differences in the relative prices and 
                quality of goods within each subject country.
                    (D) Compare the quality of labor and benefits for 
                the defense workforce of each subject country.
                    (E) Account for discrepancies in the manner in which 
                each subject country accounts for certain functional 
                types of defense-related spending.
                    (F) Explicitly estimate the magnitude of omitted 
                spending from official defense budget information.
                    (G) Describe direct, indirect, and burden-sharing 
                contributions made by host countries to each subject 
                country, including contributions for--
                          (i) labor costs;
                          (ii) military construction projects;
                          (iii) labor, utilities, facilities, and costs 
                      omitted;
                          (iv) costs associated with training and 
                      operations; and
                          (v) any other purpose the Secretary considers 
                      appropriate.
                    (H) Analyze the budget impact of geographical 
                considerations and forward-deployed forces.
                    (I) Exclude spending related to veterans' benefits.
            (2) Additional element for independent study.--In addition 
        to the elements described in paragraph (1), the independent 
        study required by subsection (a)(2) shall analyze best practices 
        for quantifying and evaluating the comparative military 
        expenditures of each subject country for defense-related 
        databases and research.

    (c) Considerations.--The studies required by subsection (a) may take 
into consideration the following:
            (1) The effects of state-owned enterprises on the defense 
        expenditures of the People's Republic of China and the Russian 
        Federation.
            (2) The role of differing acquisition policies and 
        structures with respect to the defense expenditures of each 
        subject country.
            (3) Any other matter relevant to evaluating the resources 
        dedicated to the defense spending or the various military-
        related outlays of the People's Republic of China and the 
        Russian Federation.

    (d) Reports.--
            (1) In general.--Not later than 60 days after the date on 
        which each study required by subsection (a) is completed, the 
        Secretary shall submit to the appropriate committees of Congress 
        a report on the results of the applicable study, together with 
        the views of the Secretary on such study.
            (2) <<NOTE: Classified information.>>  Form.--Each report 
        required by paragraph (1) shall be submitted in unclassified 
        form, but may include a classified annex.
            (3) Appropriate committees of congress defined.--In this 
        subsection, the term ``appropriate committees of Congress'' 
        means--
                    (A) the Committee on Appropriations, the Committee 
                on Armed Services, the Committee on Foreign Relations,

[[Page 134 STAT. 4011]]

                and the Select Committee on Intelligence of the Senate; 
                and
                    (B) the Committee on Appropriations, the Committee 
                on Armed Services, the Committee on Foreign Affairs, and 
                the Permanent Select Committee on Intelligence of the 
                House of Representatives.
SEC. 1299I. ASSESSMENT OF WEAPONS OF MASS DESTRUCTION TERRORISM.

    (a) <<NOTE: Deadline. Contracts.>>  Assessment.--Not later than 60 
days after the date of the enactment of this Act, the Secretary of 
Defense, in consultation with the Secretary of State and the Secretary 
of Energy, shall enter into an arrangement with the National Academy of 
Sciences--
            (1) to conduct an assessment of strategies of the United 
        States for preventing, countering, and responding to nuclear, 
        biological, and chemical terrorism; and
            (2) <<NOTE: Recommenda- tions.>>  to make recommendations to 
        improve such strategies.

    (b) Matters to Be Included.--The assessment and recommendations 
required by subsection (a) shall address the adequacy of strategies 
described in such subsection and identify technical, policy, and 
resource gaps with respect to--
            (1) identifying national and international nuclear, 
        biological, and chemical risks, and critical emerging threats;
            (2) preventing state-sponsored and non-state actors from 
        acquiring or misusing the technologies, materials, and critical 
        expertise needed to carry out nuclear, biological, and chemical 
        attacks, including dual-use technologies, materials, and 
        expertise;
            (3) countering efforts by state-sponsored and non-state 
        actors to carry out such attacks;
            (4) responding to nuclear, biological, and chemical 
        terrorism incidents to attribute their origin and help manage 
        their consequences;
            (5) budgets likely to be required to implement effectively 
        such strategies; and
            (6) other important matters that are directly relevant to 
        such strategies.

    (c) Report.--
            (1) In general.--Not later than 18 months after the date of 
        the enactment of this Act, the Secretary of Defense shall submit 
        to the appropriate congressional committees a report that 
        contains the assessment and recommendations required by 
        subsection (a).
            (2) <<NOTE: Classified information.>>  Form.--The report 
        required by this subsection shall be submitted in unclassified 
        form, but may contain a classified annex.

    (d) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Foreign Affairs, Committee on Armed 
        Services, and Permanent Select Committee on Intelligence of the 
        House of Representatives; and
            (2) the Committee on Foreign Relations, Committee on Armed 
        Services, and Select Committee on Intelligence of the Senate.

[[Page 134 STAT. 4012]]

SEC. <<NOTE: 10 USC 113 note.>>  1299J. REVIEW OF DEPARTMENT OF 
                            DEFENSE COMPLIANCE WITH ``PRINCIPLES 
                            RELATED TO THE PROTECTION OF MEDICAL 
                            CARE PROVIDED BY IMPARTIAL 
                            HUMANITARIAN ORGANIZATIONS DURING 
                            ARMED CONFLICTS''.

    (a) <<NOTE: Deadline.>>  Review.--Not later than 180 days after the 
date of the enactment of this Act, the Secretary of Defense shall submit 
to the Committee on Armed Services of the Senate and the Committee on 
Armed Services of the House of Representatives any available results of 
the review requested on October 3, 2016, by the Secretary of Defense of 
compliance of all relevant Department of Defense orders, rules of 
engagement, directives, regulations, policies, practices, and 
procedures, with the ``Principles Related to the Protection of Medical 
Care Provided by Impartial Humanitarian Organizations During Armed 
Conflicts''.

    (b) Additional Requirement.--The Secretary of Defense shall continue 
to ensure that all Department of Defense orders, rules of engagement, 
directives, regulations, policies, practices, and procedures that were 
reviewed as described in subsection (a), including any other guidance, 
training, or standard operating procedures relating to the protection of 
health care during armed conflict, are consistent with the ``Principles 
Related to the Protection of Medical Care Provided by Impartial 
Humanitarian Organizations During Armed Conflicts''.
SEC. 1299K. CERTIFICATION RELATING TO ASSISTANCE FOR GUATEMALA.

    (a) In General.--Prior to the transfer of any vehicles by the 
Department of Defense to a joint task force of the Ministry of Defense 
or the Ministry of the Interior of Guatemala during fiscal year 2021, 
the Secretary of Defense shall certify to the appropriate congressional 
committees that such ministries have made a credible commitment to use 
such equipment only for the uses for which they were intended.
    (b) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Affairs of the 
        House of Representatives; and
            (2) the Committee on Armed Services, the Committee on 
        Appropriations, and the Committee on Foreign Relations of the 
        Senate.
SEC. 1299L. <<NOTE: 10 USC 342 note.>>  FUNCTIONAL CENTER FOR 
                            SECURITY STUDIES IN IRREGULAR WARFARE.

    (a) Report Required.--
            (1) <<NOTE: Consultation. Assessments.>>  In general.--Not 
        later than 90 days after the date of the enactment of this Act, 
        the Secretary of Defense, in consultation with the Secretary of 
        State, shall submit to the congressional defense committees a 
        report that assesses the merits and feasibility of establishing 
        and administering a Department of Defense Functional Center for 
        Security Studies in Irregular Warfare.
            (2) Elements.--The report required by paragraph (1) shall 
        include the following:

[[Page 134 STAT. 4013]]

                    (A) A description of the benefits to the United 
                States, and the allies and partners of the United 
                States, of establishing such a functional center, 
                including the manner in which the establishment of such 
                a functional center would enhance and sustain focus on, 
                and advance knowledge and understanding of, matters of 
                irregular warfare, including cybersecurity, nonstate 
                actors, information operations, counterterrorism, 
                stability operations, and the hybridization of such 
                matters.
                    (B) A detailed description of the mission and 
                purpose of such a functional center, including 
                applicable policy guidance from the Office of the 
                Secretary of Defense.
                    (C) <<NOTE: Analysis.>>  An analysis of appropriate 
                reporting and liaison relationships between such a 
                functional center and--
                          (i) the geographic and functional combatant 
                      commands;
                          (ii) other Department of Defense stakeholders; 
                      and
                          (iii) other government and nongovernment 
                      entities and organizations.
                    (D) <<NOTE: Criteria. Determination.>>  An 
                enumeration and valuation of criteria applicable to the 
                determination of a suitable location for such a 
                functional center.
                    (E) A description of the establishment and 
                operational costs of such a functional center, including 
                for--
                          (i) military construction for required 
                      facilities;
                          (ii) facility renovation;
                          (iii) personnel costs for faculty and staff; 
                      and
                          (iv) other costs the Secretary of Defense 
                      considers appropriate.
                    (F) <<NOTE: Evaluation.>>  An evaluation of the 
                existing infrastructure, resources, and personnel 
                available at military installations, existing regional 
                centers, interagency facilities, and universities and 
                other academic and research institutions that could 
                reduce the costs described in subparagraph (E).
                    (G) <<NOTE: Examination.>>  An examination of 
                partnership opportunities with United States allies and 
                partners for potential collaboration and burden sharing.
                    (H) A description of potential courses and programs 
                that such a functional center could carry out, 
                including--
                          (i) core, specialized, and advanced courses;
                          (ii) planning workshops and structured after-
                      action reviews or debriefs;
                          (iii) seminars;
                          (iv) initiatives on executive development, 
                      relationship building, partnership outreach, and 
                      any other matter the Secretary of Defense 
                      considers appropriate; and
                          (v) focused academic research and studies in 
                      support of Department priorities.
                    (I) A description of any modification to title 10, 
                United States Code, or any other provision of law, 
                necessary for the effective establishment and 
                administration of such a functional center.
            (3) <<NOTE: Classified information.>>  Form.--The report 
        required by paragraph (1) shall be submitted in unclassified 
        form, but may include a classified annex.

    (b) Establishment.--

[[Page 134 STAT. 4014]]

            (1) <<NOTE: Time period.>>  In general.--Not earlier than 30 
        days after the submittal of the report required by subsection 
        (a), and subject to the availability of appropriated funds, the 
        Secretary of Defense may establish and administer a Department 
        of Defense Functional Center for Security Studies in Irregular 
        Warfare.
            (2) Treatment as a regional center for security studies.--A 
        Department of Defense Functional Center for Security Studies in 
        Irregular Warfare established under paragraph (1) shall be 
        operated and administered in the same manner as the Department 
        of Defense Regional Centers for Security Studies under section 
        342 of title 10, United States Code, and in accordance with such 
        regulations as the Secretary of Defense may prescribe.
            (3) Limitation.--No other institution or element of the 
        Department may be designated as a Department of Defense 
        functional center, except by an Act of Congress.
            (4) Location.--The location of a Department of Defense 
        Functional Center for Security Studies in Irregular Warfare 
        established under paragraph (1) shall be selected based on an 
        objective, criteria-driven administrative or competitive award 
        process.
SEC. 1299M. UNITED STATES-ISRAEL OPERATIONS-TECHNOLOGY COOPERATION 
                            WITHIN THE UNITED STATES-ISRAEL 
                            DEFENSE ACQUISITION ADVISORY GROUP.

    (a) Requirement.--
            (1) <<NOTE: Consultation.>>  In general.--The Secretary of 
        Defense, in consultation with the Secretary of State, shall take 
        actions within the United States-Israel Defense Acquisition 
        Advisory Group that may be necessary--
                    (A) <<NOTE: Evaluation.>>  to systematically 
                evaluate and share potential options to develop and 
                acquire intelligence-informed military requirements that 
                directly support warfighting capabilities of both the 
                Department of Defense and the Ministry of Defense of 
                Israel; and
                    (B) to develop, as feasible and advisable, combined 
                United States-Israel plans to research, develop, 
                procure, and field weapon systems and military 
                capabilities as quickly and economically as possible to 
                meet common capability requirements of the Department 
                and the Ministry of Defense of Israel.
            (2) Rule of construction.--Nothing in this subsection shall 
        be construed as requiring the establishment or termination of 
        any existing United States defense activity, group, program, or 
        partnership with Israel.

    (b) <<NOTE: Consultation.>>  Bilateral Coordination.--To enhance 
cooperation and encourage military-to-military engagement on operations 
and technology, the Secretary of Defense, in consultation with other 
appropriate Cabinet members, shall take appropriate actions to consult 
and cooperate with the Government of Israel on the requirements.

    (c) Establishment of Working Group Within the United States-Israel 
Defense Acquisition Advisory Group.--The Secretary of Defense, in 
consultation with the appropriate heads of other Federal agencies, may 
establish, under the United States vice chairman of the United States-
Israel Defense Acquisition Advisory Group, a working group to address 
operations and technology matters described in subsection (a)(1).

[[Page 134 STAT. 4015]]

    (d) Reports.--
            (1) <<NOTE: Consultation.>>  In general.--Not later than 
        March 15 each year through 2025, the Secretary of Defense, in 
        consultation with the Secretary of State, shall submit to the 
        appropriate committees of Congress a report on any actions taken 
        by the Secretary of Defense pursuant to the requirements in 
        subsection (a)(1).
            (2) Elements.--Each report required by paragraph (1) shall 
        include the following:
                    (A) A description of any science and technology 
                effort or research, development, test, and evaluation 
                effort considered, facilitated, or recommended by the 
                United States-Israel Defense Acquisition Advisory Group, 
                including any effort that results in a United States or 
                Israel program of record.
                    (B) A description of military capabilities the 
                United States-Israel Defense Acquisition Advisory Group 
                has determined should be pursued through a defense 
                cooperation effort between the Government of the United 
                States and the Government of Israel.
                    (C) A description of any science and technology 
                effort or research, development, test, and evaluation 
                effort facilitated and recommended by the United States-
                Israel Defense Acquisition Advisory Group, in support of 
                the development of the military capabilities referred to 
                in subparagraph (B), including any effort that results 
                in a United States or Israel program of record.
                    (D) A description of any obstacle or challenge 
                associated with an effort described in subparagraph (B) 
                and the plan of the United States-Israel Defense 
                Acquisition Advisory Group to address such obstacle or 
                challenge.
                    (E) A description of the efforts of the United 
                States-Israel Defense Acquisition Advisory Group to 
                prevent the People's Republic of China or the Russian 
                Federation from obtaining intellectual property or 
                military technology associated with combined United 
                States and Israel science and technology efforts and 
                research, development, test, and evaluation efforts.
                    (F) <<NOTE: List.>>  A list of potential areas the 
                United States-Israel Defense Acquisition Advisory Group 
                is considering for cooperation on defense issues.
                    (G) A description of any authority or authorization 
                of appropriations required for the United States-Israel 
                Defense Acquisition Advisory Group to carry out the 
                purposes described in subsection (a)(1).
            (3) <<NOTE: Classified information. Determination.>>  
        Form.--Each report required by paragraph (1) shall be submitted 
        in unclassified form and shall include a classified annex in 
        which the elements required under subparagraphs (B) and (E) of 
        paragraph (2) and any additional classified information, as 
        determined by the Secretary of Defense, shall be addressed.

    (e) Appropriate Committees of Congress Defined.--In this subsection, 
the term ``appropriate committees of Congress'' means--
            (1) the Committee on Armed Services, the Committee on 
        Foreign Relations, and the Select Committee on Intelligence of 
        the Senate; and

[[Page 134 STAT. 4016]]

            (2) the Committee on Armed Services, the Committee on 
        Foreign Affairs, and the Permanent Select Committee on 
        Intelligence of the House of Representatives.
SEC. 1299N. PAYMENT OF PASSPORT FEES FOR CERTAIN INDIVIDUALS.

    Subsection (c) of section 452 of title 37, United States Code, is 
amended--
            (1) by redesignating paragraph (4) as paragraph (5); and
            (2) by inserting after paragraph (3) the following new 
        paragraph:
            ``(4) Passport and visa fees required for foreign travel.''.
SEC. 1299O. <<NOTE: Deadline.>>  RESUMPTION OF PEACE CORPS 
                            OPERATIONS.

    Not later than 90 days after the date of enactment of this Act, the 
Director of the Peace Corps shall submit to the Committee on Foreign 
Relations of the Senate and the Committee on Foreign Affairs of the 
House of Representatives a report that describes the efforts of the 
Peace Corps to--
            (1) offer a return to service to each Peace Corps volunteer 
        and trainee whose service ended on March 15, 2020 (or earlier, 
        in the case of volunteers who were serving in China or 
        Mongolia), due to the COVID-19 public health emergency;
            (2) obtain approval from countries, to the extent safe and 
        appropriate, to return volunteers and trainees to countries of 
        service, predicated on the ability for volunteers and trainees 
        to return safely and legally;
            (3) provide adequate measures necessary for the safety and 
        health of volunteers and trainees and develop contingency plans 
        in the event overseas operations are disrupted by future COVID-
        19 outbreaks;
            (4) develop and maintain a robust volunteer cohort; and
            (5) identify any need for anticipated additional 
        appropriations or new statutory authorities and the changes in 
        global conditions that would be necessary to achieve the goal of 
        safely enrolling 7,300 Peace Corps volunteers during the 1-year 
        period beginning on the date on which Peace Corps operations 
        resume.
SEC. 1299P. ESTABLISHMENT OF THE OPEN TECHNOLOGY FUND.

    (a) Sense of Congress.--It is the sense of Congress that it is in 
the interest of the United States to promote global internet freedom by 
countering internet censorship and repressive surveillance and protect 
the internet as a platform for the free exchange of ideas, promotion of 
human rights and democracy, and advancement of a free press and to 
support efforts that prevent the deliberate misuse of the internet to 
repress individuals from exercising their rights to free speech and 
association, including countering the use of such technologies by 
authoritarian regimes.
    (b) Establishment.--The United States International Broadcasting Act 
of 1994 (22 U.S.C. 6201 et seq.) is amended by inserting after section 
309 the following new section:
``SEC. <<NOTE: 22 USC 6208a.>>  309A. OPEN TECHNOLOGY FUND.

    ``(a) Authority.--
            ``(1) In general.--Grants authorized under section 305 shall 
        be available to make annual grants for the purpose of promoting, 
        consistent with United States law, unrestricted access to 
        uncensored sources of information via the internet

[[Page 134 STAT. 4017]]

        to enable journalists, including journalists employed by or 
        affiliated with the Voice of America, Radio Free Europe/Radio 
        Liberty, Radio Free Asia, the Middle East Broadcasting Networks, 
        the Office of Cuba Broadcasting, or any entity funded by or 
        partnering with the United States Agency for Global Media, to 
        create and disseminate, and for their audiences to receive, news 
        and information consistent with the purposes, standards, and 
        principles specified in sections 302 and 303.
            ``(2) Establishment.--There is established a grantee entity 
        to be known as the `Open Technology Fund', which shall carry out 
        the provisions of this section.

    ``(b) Functions of the Grantee.--In furtherance of the mission set 
forth in subsection (a), the Open Technology Fund shall seek to advance 
freedom of the press and unrestricted access to the internet in 
repressive environments oversees, and shall--
            ``(1) research, develop, implement, and maintain--
                    ``(A) technologies that circumvent techniques used 
                by authoritarian governments, nonstate actors, and 
                others to block or censor access to the internet, 
                including circumvention tools that bypass internet 
                blocking, filtering, and other censorship techniques 
                used to limit or block legitimate access to content and 
                information; and
                    ``(B) secure communication tools and other forms of 
                privacy and security technology that facilitate the 
                creation and distribution of news and enable audiences 
                to access media content on censored websites;
            ``(2) advance internet freedom by supporting private and 
        public sector research, development, implementation, and 
        maintenance of technologies that provide secure and uncensored 
        access to the internet to counter attempts by authoritarian 
        governments, nonstate actors, and others to improperly restrict 
        freedom online;
            ``(3) research and analyze emerging technical threats and 
        develop innovative solutions through collaboration with the 
        private and public sectors to maintain the technological 
        advantage of the United States Government over authoritarian 
        governments, nonstate actors, and others;
            ``(4) develop, acquire, and distribute requisite internet 
        freedom technologies and techniques for the United States Agency 
        for Global Media, including as set forth in paragraph (1), and 
        digital security interventions, to fully enable the creation and 
        distribution of digital content between and to all users and 
        regional audiences;
            ``(5) prioritize programs for countries the governments of 
        which restrict freedom of expression on the internet, and that 
        are important to the national interest of the United States, and 
        are consistent with section 7050(b)(2)(C) of the Further 
        Consolidated Appropriations Act, 2020 (Public Law 116-94); and
            ``(6) carry out any other effort consistent with the 
        purposes of this Act or press freedom overseas if requested or 
        approved by the United States Agency for Global Media.

    ``(c) Methodology.--In carrying out subsection (b), the Open 
Technology Fund shall--
            ``(1) support fully open-source tools, code, and components, 
        to the extent practicable, to ensure such supported tools and

[[Page 134 STAT. 4018]]

        technologies are as secure, transparent, and accessible as 
        possible, and require that any such tools, components, code, or 
        technology supported by the Open Technology Fund remain fully 
        open-source, to the extent practicable;
            ``(2) support technologies that undergo comprehensive 
        security audits to ensure that such technologies are secure and 
        have not been compromised in a manner detrimental to the 
        interest of the United States or to individuals and 
        organizations benefitting from programs supported by the Open 
        Technology Fund;
            ``(3) <<NOTE: Review. Update.>>  review and update 
        periodically as necessary security auditing procedures used by 
        the Open Technology Fund to reflect current industry security 
        standards;
            ``(4) establish safeguards to mitigate the use of such 
        supported technologies for illicit purposes;
            ``(5) solicit project proposals through an open, 
        transparent, and competitive application process to attract 
        innovative applications and reduce barriers to entry;
            ``(6) seek input from technical, regional, and subject 
        matter experts from a wide range of relevant disciplines, to 
        review, provide feedback, and evaluate proposals to ensure the 
        most competitive projects are funded;
            ``(7) <<NOTE: Review.>>  implement an independent review 
        process, through which proposals are reviewed by such experts to 
        ensure the highest degree of technical review and due diligence;
            ``(8) maximize cooperation with the public and private 
        sectors, as well as foreign allies and partner countries, to 
        maximize efficiencies and eliminate duplication of efforts; and
            ``(9) utilize any other methodology approved by the United 
        States Agency for Global Media in furtherance of the mission of 
        the Open Technology Fund.

    ``(d) <<NOTE: Contracts.>>  Grant Agreement.--Any grant agreement 
with or grants made to the Open Technology Fund under this section shall 
be subject to the following limitations and restrictions:
            ``(1) The headquarters of the Open Technology Fund and its 
        senior administrative and managerial staff shall be located in a 
        location which ensures economy, operational effectiveness, and 
        accountability to the United States Agency for Global Media.
            ``(2) Grants awarded under this section shall be made 
        pursuant to a grant agreement which requires that grant funds be 
        used only for activities consistent with this section, and that 
        failure to comply with such requirements shall permit the grant 
        to be terminated without fiscal obligation to the United States.
            ``(3) Any grant agreement under this section shall require 
        that any contract entered into by the Open Technology Fund shall 
        specify that all obligations are assumed by the grantee and not 
        by the United States Government.
            ``(4) Any grant agreement under this section shall require 
        that any lease agreements entered into by the Open Technology 
        Fund shall be, to the maximum extent possible, assignable to the 
        United States Government.
            ``(5) Administrative and managerial costs for operation of 
        the Open Technology Fund should be kept to a minimum and, to the 
        maximum extent feasible, should not exceed the costs

[[Page 134 STAT. 4019]]

        that would have been incurred if the Open Technology Fund had 
        been operated as a Federal entity rather than as a grantee.
            ``(6) Grant funds may not be used for any activity the 
        purpose of which is influencing the passage or defeat of 
        legislation considered by Congress.

    ``(e) Relationship to the United States Agency for Global Media.--
            ``(1) In general.--The Open Technology Fund shall be subject 
        to the same oversight and governance by the United States Agency 
        for Global Media as other grantees of the Agency as set forth in 
        section 305.
            ``(2) Assistance.--The United States Agency for Global 
        Media, its broadcast entities, and the Open Technology Fund 
        should render assistance to each other as may be necessary to 
        carry out the purposes of this section or any other provision of 
        this Act.
            ``(3) Not a federal agency or instrumentality.--Nothing in 
        this section may be construed to make the Open Technology Fund a 
        Federal agency or instrumentality.
            ``(4) Detailees.--Under the Intergovernmental Personnel Act, 
        employees of a grantee of the United States Agency for Global 
        Media may be detailed to the Agency, and Federal employees may 
        be detailed to a grantee of the United States Agency for Global 
        Media.

    ``(f) Relationship to Other United States Government-funded Internet 
Freedom Programs.--The United States Agency for Global Media shall 
ensure that internet freedom research and development projects of the 
Open Technology Fund are coordinated with internet freedom programs of 
the Department of State and other relevant United States Government 
departments, in order to share information and best-practices relating 
to the implementation of subsections (b) and (c).
    ``(g) Reporting Requirements.--
            ``(1) Annual report.--The Open Technology Fund shall 
        highlight, in its annual report, internet freedom activities, 
        including a comprehensive assessment of the Open Technology 
        Fund's activities relating to the implementation of subsections 
        (b) and (c). Each such report shall include the following:
                    ``(A) <<NOTE: Assessment.>>  An assessment of the 
                current state of global internet freedom, including 
                trends in censorship and surveillance technologies and 
                internet shutdowns, and the threats such pose to 
                journalists, citizens, and human rights and civil-
                society organizations.
                    ``(B) A description of the technology projects 
                supported by the Open Technology Fund and the associated 
                impact of such projects in the prior year, including the 
                countries and regions in which such technologies were 
                deployed, and any associated metrics indicating audience 
                usage of such technologies, as well as future-year 
                technology project initiatives.
            ``(2) Assessment of the effectiveness of the open technology 
        fund.--Not later than two years after the date of the enactment 
        of this section, the Inspector General of the Department of 
        State and the Foreign Service shall submit to the appropriate 
        congressional committees a report on the following:

[[Page 134 STAT. 4020]]

                    ``(A) Whether the Open Technology Fund is 
                technically sound and cost effective.
                    ``(B) Whether the Open Technology Fund is satisfying 
                the requirements of this section.
                    ``(C) The extent to which the interests of the 
                United States are being served by maintaining the work 
                of the Open Technology Fund.

    ``(h) Audit Authorities.--
            ``(1) In general.--Financial transactions of the Open 
        Technology Fund, as such relate to functions carried out under 
        this section, may be audited by the Government Accountability 
        Office in accordance with such principles and procedures and 
        under such rules and regulations as may be prescribed by the 
        Comptroller General of the United States. Any such audit shall 
        be conducted at the place or places at which accounts of the 
        Open Technology Fund are normally kept.
            ``(2) Access by gao.--The Government Accountability Office 
        shall have access to all books, accounts, records, reports, 
        files, papers, and property belonging to or in use by the Open 
        Technology Fund pertaining to financial transactions as may be 
        necessary to facilitate an audit. The Government Accountability 
        Office shall be afforded full facilities for verifying 
        transactions with any assets held by depositories, fiscal 
        agents, and custodians. All such books, accounts, records, 
        reports, files, papers, and property of the Open Technology Fund 
        shall remain in the possession and custody of the Open 
        Technology Fund.
            ``(3) Exercise of authorities.--Notwithstanding any other 
        provision of law, the Inspector General of the Department of 
        State and the Foreign Service is authorized to exercise the 
        authorities of the Inspector General Act of 1978 with respect to 
        the Open Technology Fund.''.

    (c) Conforming Amendments.--The United States International 
Broadcasting Act of 1994 is amended--
            (1) in section 304(d) (22 U.S.C. 6203(d)), by inserting 
        ``the Open Technology Fund,'' before ``the Middle East 
        Broadcasting Networks'';
            (2) in sections 305 and 310 (22 U.S.C. 6204 and 6209), by 
        inserting ``the Open Technology Fund,'' before ``or the Middle 
        East Broadcasting Networks'' each place such term appears; and
            (3) in section 310 (22 U.S.C. 6209), by inserting ``the Open 
        Technology Fund,'' before ``and the Middle East Broadcasting 
        Networks'' each place such term appears.

    (d) Authorization of Appropriations.--There is authorized to be 
appropriated for the Open Technology Fund $25,000,000 for fiscal year 
2022 to carry out section 309A of the United States International 
Broadcasting Act of 1994, as added by subsection (b) of this section.
    (e) <<NOTE: 22 USC 6203 note.>>  Effective Date.--Section 309A of 
the United States International Broadcasting Act of 1994 (as added by 
subsection (b) of this section) and subsections (c) and (d) of this 
section shall take effect and apply beginning on July 1, 2021.
SEC. 1299Q. UNITED STATES AGENCY FOR GLOBAL MEDIA.

    (a) Sense of Congress.--It is the sense of Congress that the Office 
of Cuba Broadcasting should--

[[Page 134 STAT. 4021]]

            (1) remain an independent entity of the United States Agency 
        for Global Media; and
            (2) continue taking steps to ensure that the Office is 
        fulfilling its core mission of promoting freedom and democracy 
        by providing the people of Cuba with objective news and 
        information programming.

    (b) Standards and Principles.--Section 303 of the United States 
International Broadcasting Act of 1994 (22 U.S.C. 6202) is amended--
            (1) in subsection (a), by inserting ``, including editorial 
        independence'' before the semicolon at the end; and
            (2) in subsection (b), by inserting ``, including editorial 
        independence,'' after ``programing''.

    (c) Authorities of the Chief Executive Officer; Limitation on 
Corporate Leadership of Grantees.--Section 305 of the United States 
International Broadcasting Act of 1994 (22 U.S.C. 6204) is amended--
            (1) in subsection (a)--
                    (A) in paragraph (20), by inserting ``in accordance 
                with subsection (c)'' before the period at the end;
                    (B) in paragraph (21)--
                          (i) by striking ``including with Federal 
                      officials,''; and
                          (ii) by inserting ``in accordance with 
                      subsection (c)'' before the period at the end;
                    (C) by adding at the end the following new 
                paragraph:
            ``(23) To--
                    ``(A) require annual content reviews of each 
                language service of Voice of America, The Office of Cuba 
                Broadcasting, and each grantee network, consisting of a 
                review of at least 10 percent of available unique weekly 
                content from any selected week from the previous year, 
                which shall be conducted, to the extent practicable, by 
                fluent language speakers and experts without direct 
                affiliation to the language service being reviewed, who 
                are seeking any evidence of inappropriate or 
                unprofessional content, which shall be submitted to the 
                Office of Policy Research, the head and Board of the 
                respective language service, and the Chief Executive 
                Officer;
                    ``(B) submit to the appropriate congressional 
                committees a list of anomalous reports, including status 
                updates on anomalous services during the 3-year period 
                commencing on the date of receipt of the first report of 
                biased, unprofessional, or otherwise problematic 
                content."; and
                    ``(C) launch a review, using external, native-
                language and regional experts, the results of which are 
                to be reported to the appropriate congressional 
                committees, if a widespread pattern of violations of the 
                principles, standards, or journalistic code of ethics of 
                a language service or grantee network has been 
                identified.''; and
            (2) by adding at the end the following new subsection:

    ``(c) Limitation on Corporate Leadership of Grantees.--
            ``(1) In general.--The Chief Executive Officer may not award 
        any grant under subsection (a) to RFE/RL, Inc., Radio Free Asia, 
        the Middle East Broadcasting Networks, the Open Technology Fund, 
        or any other grantee authorized under this title (collectively 
        referred to as `Agency Grantee Networks')

[[Page 134 STAT. 4022]]

        unless the incorporation documents of any such grantee require 
        that the corporate leadership and Board of Directors of such 
        grantee be selected in accordance with this Act.
            ``(2) Conflicts of interest.--
                    ``(A) Chief executive officer.--The Chief Executive 
                Officer may not serve on any of the corporate boards of 
                any grantee under subsection (a).
                    ``(B) Federal employees.--A full-time employee of a 
                Federal agency may not serve on a corporate board of any 
                grantee under subsection (a).
            ``(3) Qualifications of grantee board members.--Individuals 
        appointed under subsection (a) to the Board of Directors of any 
        of the Agency Grantee Networks shall have requisite expertise in 
        journalism, technology, broadcasting, or diplomacy, or 
        appropriate language or cultural understanding relevant to the 
        grantee's mission.''.

    (d) International Broadcasting Advisory Board.--Section 306 of the 
United States International Broadcasting Act of 1994 (22 U.S.C. 6205) is 
amended--
            (1) by striking subsections (a) through (c) and inserting 
        the following:

    ``(a) In General.--The International Broadcasting Advisory Board 
(referred to in this section as the `Advisory Board') shall advise the 
Chief Executive Officer of the United States Agency for Global Media, as 
appropriate. The Advisory Board as established shall exist within the 
executive branch as an entity described in section 104 of title 5, 
United States Code.
    ``(b) Composition of the Advisory Board.--
            ``(1) In general.--The Advisory Board shall consist of seven 
        members, of whom--
                    ``(A) <<NOTE: Appointments. President.>>  six shall 
                be appointed by the President, by and with the advice 
                and consent of the Senate, in accordance with subsection 
                (c); and
                    ``(B) one shall be the Secretary of State.
            ``(2) <<NOTE: President.>>  Chair.--The President shall 
        designate, with the advice and consent of the Senate, one of the 
        members appointed under paragraph (1)(A) as Chair of the 
        Advisory Board.
            ``(3) Party limitation.--Not more than three members of the 
        Advisory Board appointed under paragraph (1)(A) may be 
        affiliated with the same political party.
            ``(4) Terms of office.--
                    ``(A) In general.--Except as provided in 
                subparagraph (B), members of the Advisory Board shall 
                serve for a single term of 4 years, except that, of the 
                first group of members appointed under paragraph 
                (1)(A)--
                          ``(i) two members who are not affiliated with 
                      the same political party, shall be appointed for 
                      terms ending on the date that is 2 years after the 
                      date of the enactment of the U.S. Agency for 
                      Global Media Reform Act;
                          ``(ii) two members who are not affiliated with 
                      the same political party, shall be appointed for 
                      terms ending on the date that is 4 years after the 
                      date of the enactment of the U.S. Agency for 
                      Global Media Reform Act; and
                          ``(iii) two members who are not affiliated 
                      with the same political party, shall be appointed 
                      for terms

[[Page 134 STAT. 4023]]

                      ending on the date that is 6 years after the date 
                      of the enactment of the U.S. Agency for Global 
                      Media Reform Act.
                    ``(B) Secretary of state.--The Secretary of State 
                shall serve as a member of the Advisory Board for the 
                duration of his or her tenure as Secretary of State.
            ``(5) Vacancies.--
                    ``(A) <<NOTE: President. Appointments.>>  In 
                general.--The President shall appoint, with the advice 
                and consent of the Senate, additional members to fill 
                vacancies on the Advisory Board occurring before the 
                expiration of a term.
                    ``(B) Term.--Any members appointed pursuant to 
                subparagraph (A) shall serve for the remainder of such 
                term.
                    ``(C) Service beyond term.--Any member whose term 
                has expired shall continue to serve as a member of the 
                Advisory Board until a qualified successor has been 
                appointed and confirmed by the Senate.
                    ``(D) Secretary of state.--When there is a vacancy 
                in the office of Secretary of State, the Acting 
                Secretary of State shall serve as a member of the 
                Advisory Board until a new Secretary of State is 
                appointed.'';
            (2) by redesignating subsection (d) as subsection (c);
            (3) by amending subsection (c), as redesignated--
                    (A) in the subsection heading, by inserting 
                ``ADVISORY'' before ``BOARD''; and
                    (B) in paragraph (2), by inserting ``who are'' 
                before ``distinguished''; and
            (4) by striking subsections (e) and (f) and inserting the 
        following new subsections:

    ``(d) Functions of the Advisory Board.--The members of the Advisory 
Board shall--
            ``(1) provide the Chief Executive Officer of the United 
        States Agency for Global Media with advice and recommendations 
        for improving the effectiveness and efficiency of the Agency and 
        its programming;
            ``(2) meet with the Chief Executive Officer at least four 
        times annually, including twice in person as practicable, and at 
        additional meetings at the request of the Chief Executive 
        Officer or the Chair of the Advisory Board;
            ``(3) report periodically, or upon request, to the 
        congressional committees specified in subsection (c)(2) 
        regarding its advice and recommendations for improving the 
        effectiveness and efficiency of the United States Agency for 
        Global Media and its programming;
            ``(4) obtain information from the Chief Executive Officer, 
        as needed, for the purposes of fulfilling the functions 
        described in this subsection;
            ``(5) consult with the Chief Executive Officer regarding 
        budget submissions and strategic plans before they are submitted 
        to the Office of Management and Budget or to Congress;
            ``(6) advise the Chief Executive Officer to ensure that--
                    ``(A) the Chief Executive Officer fully respects the 
                professional integrity and editorial independence of 
                United States Agency for Global Media broadcasters, 
                networks, and grantees; and

[[Page 134 STAT. 4024]]

                    ``(B) agency networks, broadcasters, and grantees 
                adhere to the highest professional standards and ethics 
                of journalism, including taking necessary actions to 
                uphold professional standards to produce consistently 
                reliable and authoritative, accurate, objective, and 
                comprehensive news and information; and
            ``(7) provide other strategic input to the Chief Executive 
        Officer.

    ``(e) Appointment of Heads of Networks.--
            ``(1) In general.--The heads of Voice of America, the Office 
        of Cuba Broadcasting, RFE/RL, Inc., Radio Free Asia, the Middle 
        East Broadcasting Networks, the Open Technology Fund, or of any 
        other grantee authorized under this title may only be appointed 
        or removed if such action has been approved by a majority vote 
        of the Advisory Board.
            ``(2) <<NOTE: Consultation.>>  Removal.--After consulting 
        with the Chief Executive Officer, five or more members of the 
        Advisory Board may unilaterally remove any such head of network 
        or grantee network described in paragraph (1).
            ``(3) Quorum.--
                    ``(A) In general.--A quorum shall consist of four 
                members of the Advisory Board (excluding the Secretary 
                of State).
                    ``(B) Decisions.--Except as provided in paragraph 
                (2), decisions of the Advisory Board shall be made by 
                majority vote, a quorum being present.
                    ``(C) Closed sessions.--The Advisory Board may meet 
                in closed sessions in accordance with section 552b of 
                title 5, United States Code.

    ``(f) Compensation.--
            ``(1) In general.--Members of the Advisory Board, while 
        attending meetings of the Advisory Board or while engaged in 
        duties relating to such meetings or in other activities of the 
        Advisory Board under this section (including travel time) shall 
        be entitled to receive compensation equal to the daily 
        equivalent of the compensation prescribed for level IV of the 
        Executive Schedule under section 5315 of title 5, United States 
        Code.
            ``(2) Travel expenses.--While away from their homes or 
        regular places of business, members of the Board may be allowed 
        travel expenses, including per diem in lieu of subsistence, as 
        authorized under section 5703 of such title for persons in the 
        Government service employed intermittently.
            ``(3) Secretary of state.--The Secretary of State is not 
        entitled to any compensation under this title, but may be 
        allowed travel expenses in accordance with paragraph (2).

    ``(g) Support Staff.--The Chief Executive Officer shall, from within 
existing United States Agency for Global Media personnel, provide the 
Advisory Board with an Executive Secretary and such administrative staff 
and support as may be necessary to enable the Advisory Board to carry 
out subsections (d) and (e).''.
    (e) Conforming Amendments.--The United States International 
Broadcasting Act of 1994 (22 U.S.C. 6201 et seq.) is amended--
            (1) <<NOTE: 22 USC 6203.>>  in section 304--

[[Page 134 STAT. 4025]]

                    (A) in the section heading, by striking 
                ``broadcasting board of governors'' and inserting 
                ``united states agency for global media'';
                    (B) in subsection (a), by striking ``Broadcasting 
                Board of Governors'' and inserting ``United States 
                Agency for Global Media'';
                    (C) in subsection (b)(1), by striking ``Broadcasting 
                Board of Governors'' and inserting ``United States 
                Agency for Global Media''; and
                    (D) in subsection (c), by striking ``Board'' each 
                place such term appears and inserting ``Agency'';
            (2) <<NOTE: 22 USC 6204.>>  in section 305--
                    (A) in subsection (a)--
                          (i) in paragraph (6), by striking ``Board'' 
                      and inserting ``Agency'';
                          (ii) in paragraph (13), by striking ``Board'' 
                      and inserting ``Agency'';
                          (iii) in paragraph (20), by striking ``Board'' 
                      and inserting ``Agency''; and
                          (iv) in paragraph (22), by striking ``Board'' 
                      and inserting ``Agency'';
                    (B) in subsection (b), by striking ``Board'' each 
                place such term appears and inserting ``Agency'';
            (3) <<NOTE: 22 USC 6207.>>  in section 308--
                    (A) in subsection (a), in the matter preceding 
                paragraph (1), by striking ``Board'' and inserting 
                ``Agency'';
                    (B) in subsection (b), by striking ``Board'' each 
                place such term appears and inserting ``Agency'';
                    (C) in subsection (d), by striking ``Board'' and 
                inserting ``Agency'';
                    (D) in subsection (g), by striking ``Board'' each 
                place such term appears and inserting ``Agency'';
                    (E) in subsection (h)(5), by striking ``Board'' and 
                inserting ``Agency''; and
                    (F) in subsection (i), in the first sentence, by 
                striking ``Board'' and inserting ``Agency'';
            (4) <<NOTE: 22 USC 6208.>>  in section 309--
                    (A) in subsection (c)(1), by striking ``Board'' each 
                place such term appears and inserting ``Agency'';
                    (B) in subsection (e), in the matter preceding 
                paragraph (1), by striking ``Board'' and inserting 
                ``Agency'';
                    (C) in subsection (f), by striking ``Board'' each 
                place such term appears and inserting ``Agency''; and
                    (D) in subsection (g), by striking ``Board'' and 
                inserting ``Agency'';
            (5) <<NOTE: 22 USC 6209.>>  in section 310(d), by striking 
        ``Board'' and inserting ``Agency'';
            (6) <<NOTE: 22 USC 6209a.>>  in section 310A(a), by striking 
        ``Broadcasting Board of Governors'' and inserting ``United 
        States Agency for Global Media'';
            (7) <<NOTE: 22 USC 6209b.>>  in section 310B, by striking 
        ``Board'' and inserting ``Agency'';
            (8) <<NOTE: 22 USC 6211.>>  by striking section 312;
            (9) <<NOTE: 22 USC 6212.>>  in section 313(a), in the matter 
        preceding paragraph (1), by striking ``Board'' and inserting 
        ``Agency'';
            (10) <<NOTE: 22 USC 6213.>>  in section 314--

[[Page 134 STAT. 4026]]

                    (A) by striking ``(4) the terms `Board and Chief 
                Executive Officer of the Board' means the Broadcasting 
                Board of Governors'' and inserting the following:
            ``(2) <<NOTE: Definitions.>>  the terms `Agency' and `Chief 
        Executive Officer of the Agency' mean the United States Agency 
        for Global Media and the Chief Executive Officer of the United 
        States Agency for Global Media, respectively,''; and
                    (B) in paragraph (3)--
                          (i) by striking ``includes--'' and inserting 
                      ``means the corporation having the corporate title 
                      described in section 308''; and
                          (ii) by striking subparagraphs (A) and (B); 
                      and
            (11) <<NOTE: 22 USC 6216.>>  in section 316--
                    (A) in subsection (a)(1), by striking ``Broadcasting 
                Board of Governors'' and inserting ``United States 
                Agency for Global Media''; and
                    (B) in subsection (c), by striking ``Broadcasting 
                Board of Governors'' and inserting ``United States 
                Agency for Global Media''.

    (f) Savings Provisions.--Section 310 of the United States 
International Broadcasting Act of 1994 (22 U.S.C. 6209) is amended by 
adding at the end the following new subsections:
    ``(f) Maintenance of Proprietary Information.--No consolidation of 
grantees authorized under subsection (a) involving any grantee shall 
result in any legal transfer of ownership of any proprietary information 
or intellectual property to the United State Agency for Global Media or 
any other Federal entity.
    ``(g) Rule of Construction.--No consolidation of grantees authorized 
under subsection (a) shall result in the consolidation of the Open 
Technology Fund or any successor entity with any other grantee.''.
SEC. 1299R. LEVERAGING INFORMATION ON FOREIGN TRAFFICKERS.

    (a) Sense of Congress.--It is the sense of Congress that--
            (1) the annual Trafficking In Persons Report prepared by the 
        Department of State pursuant to the Trafficking Victims 
        Protection Act of 2000 (the ``TIP Report'') remains one of the 
        most comprehensive, timely, and important sources of information 
        on human trafficking in the world, and currently includes 187 
        individual country narratives;
            (2) in January 2019, the statute mandating the TIP Report 
        was amended to require that each report must cover efforts and 
        activities occurring within the period from April 1 of the prior 
        year through March 31 of the current year, which necessarily 
        requires the collection and transmission of information after 
        March 31;
            (3) ensuring that the Department of State has adequate time 
        to receive, analyze, and incorporate trafficking-related 
        information into its annual Trafficking In Persons Report is 
        important to the quality and comprehensiveness of that report;
            (4) information regarding prevalence and patterns of human 
        trafficking is important for understanding the scourge of modern 
        slavery and making effective decisions about where and how to 
        combat it; and
            (5) United States officials responsible for monitoring and 
        combating trafficking in persons around the world should receive 
        available information regarding where and how often

[[Page 134 STAT. 4027]]

        United States diplomatic and consular officials encounter 
        persons who are responsible for, or who knowingly benefit from, 
        severe forms of trafficking in persons.

    (b) Annual Deadline for Trafficking in Persons Report.--Section 
110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
7107(b)(1)) is amended by striking ``June 1'' and inserting ``June 30''.
    (c) United States Advisory Council on Human Trafficking.--
            (1) Extension.--Section 115(h) of the Justice for Victims of 
        Trafficking Act of 2015 (Public Law 114-22; 129 Stat. 243) is 
        amended by striking ``September 30, 2021'' and inserting 
        ``September 30, 2025''.
            (2) Compensation.--Section 115(f) of the Justice for Victims 
        of Trafficking Act of 2015 (Public Law 114-22; 129 Stat. 243) is 
        amended--
                    (A) in paragraph (1), by striking ``and'' after the 
                semicolon at the end;
                    (B) in paragraph (2), by striking the period at end 
                and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(3) may each receive compensation for each day such member 
        is engaged in the actual performance of the duties of the 
        Council.''.
            (3) <<NOTE: Plan.>>  Compensation report.--Not later than 
        120 days after the date of the enactment of this Act, the 
        Secretary of State shall provide to the relevant congressional 
        committees a plan to implement compensation for members of the 
        United States Advisory Council on Human Trafficking pursuant to 
        paragraph (3) of section 115(f) of the Justice for Victims of 
        Trafficking Act of 2015 (Public Law 114-22; 129 Stat. 243), as 
        added by paragraph (2).

    (d) Timely Provision of Information to the Office to Monitor and 
Combat Trafficking in Persons of the Department of State.--
            (1) In general.--Section 106 of the Trafficking Victims 
        Protection Act of 2000 (22 U.S.C. 7104) is amended by adding at 
        the end the following new subsection:

    ``(l) Information Regarding Human Trafficking-Related Visa 
Denials.--
            ``(1) In general.--The Secretary of State shall ensure that 
        the Office to Monitor and Combat Trafficking in Persons and the 
        Bureau of Diplomatic Security of the Department of State receive 
        timely and regular information regarding United States visa 
        denials based, in whole or in part, on grounds related to human 
        trafficking.
            ``(2) Decisions regarding allocation.--The Secretary of 
        State shall ensure that decisions regarding the allocation of 
        resources of the Department of State related to combating human 
        trafficking and to law enforcement presence at United States 
        diplomatic and consular posts appropriately take into account--
                    ``(A) the information described in paragraph (1); 
                and
                    ``(B) the information included in the most recent 
                report submitted in accordance with section 110(b).''.

[[Page 134 STAT. 4028]]

            (2) Conforming amendment.--Section 103 of the Trafficking 
        Victims Protection Act of 2000 (22 U.S.C. 7102) is amended by 
        adding at the end the following new paragraph:
            ``(18) <<NOTE: Definition.>>  Grounds related to human 
        trafficking.--The term `grounds related to human trafficking' 
        means grounds related to the criteria for inadmissibility to the 
        United States described in subsection (a)(2)(H) of section 212 
        of the Immigration and Nationality Act (8 U.S.C. 1182).''.

    (e) <<NOTE: 22 USC 7104 note.>>  Reports to Congress.--
            (1) Initial report.--Not later than 90 days after the date 
        of the enactment of this Act, the Secretary of State shall 
        provide to the relevant congressional committees a report that--
                    (A) describes the actions that have been taken and 
                that are planned to implement subsection (l) of section 
                106 of the Trafficking Victims Protection Act of 2000 
                (22 U.S.C. 7104), as added by subsection (d)(1); and
                    (B) identifies by country and by United States 
                diplomatic or consular post the number of visa 
                applications denied during the previous calendar year 
                with respect to which the basis for such denial, 
                included grounds related to human trafficking (as such 
                term is defined in section 103 of the Trafficking 
                Victims Protection Act of 2000 (22 U.S.C. 7102), as 
                amended by subsection (d)(2)).
            (2) Annual report.--Beginning with the first annual anti-
        trafficking report that is required under subsection (b)(1) of 
        section 110 of the Trafficking Victims Protection Act of 2000 
        (22 U.S.C. 7107) to be submitted after the date of the enactment 
        of this Act, and concurrent with each such subsequent submission 
        for the following 7 years, the Secretary of State shall submit 
        to the relevant congressional committees a report that contains 
        information relating to the number and the locations of United 
        States visa denials based, in whole or in part, on grounds 
        related to human trafficking (as such term is defined in section 
        103 of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 
        7102), as amended by subsection (d)(2)) during the period 
        covered by each such annual anti-trafficking report.

    (f) Definitions.--In this section:
            (1) Location of united states visa denials.--The term 
        ``location of United States visa denials'' means--
                    (A) the United States diplomatic or consular post at 
                which a denied United States visa application was 
                adjudicated; and
                    (B) the city or locality of residence of the 
                applicant whose visa application was so denied.
            (2) Relevant congressional committees.--The term ``relevant 
        congressional committees'' means--
                    (A) the Committee on Foreign Affairs and the 
                Committee on the Judiciary of the House of 
                Representatives; and
                    (B) the Committee on Foreign Relations and the 
                Committee on the Judiciary of the Senate.
SEC. 1299S. <<NOTE: 10 USC 101 note.>>  RULE OF CONSTRUCTION 
                            RELATING TO USE OF MILITARY FORCE.

    Nothing in this Act or any amendment made by this Act may be 
construed to authorize the use of military force.

[[Page 134 STAT. 4029]]

                TITLE XIII--COOPERATIVE THREAT REDUCTION

Sec. 1301. Funding allocations; specification of cooperative threat 
           reduction funds.

SEC. 1301. FUNDING ALLOCATIONS; SPECIFICATION OF COOPERATIVE 
                          THREAT REDUCTION FUNDS.

    (a) Funding Allocation.--Of the $360,190,000 authorized to be 
appropriated to the Department of Defense for fiscal year 2021 in 
section 301 and made available by the funding table in division D for 
the Department of Defense Cooperative Threat Reduction Program 
established under section 1321 of the Department of Defense Cooperative 
Threat Reduction Act (50 U.S.C. 3711), the following amounts may be 
obligated for the purposes specified:
            (1) For strategic offensive arms elimination, $2,924,000.
            (2) For chemical weapons destruction, $11,806,000.
            (3) For global nuclear security, $35,852,000.
            (4) For cooperative biological engagement, $225,396,000.
            (5) For proliferation prevention, $60,064,000.
            (6) For activities designated as Other Assessments/
        Administrative Costs, $24,148,000.

    (b) Specification of Cooperative Threat Reduction Funds.--Funds 
appropriated pursuant to the authorization of appropriations in section 
301 and made available by the funding table in division D for the 
Department of Defense Cooperative Threat Reduction Program shall be 
available for obligation for fiscal years 2021, 2022, and 2023.

                     TITLE XIV--OTHER AUTHORIZATIONS

                      Subtitle A--Military Programs

Sec. 1401. Working capital funds.
Sec. 1402. Chemical agents and munitions destruction, defense.
Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1404. Defense Inspector General.
Sec. 1405. Defense health program.

                Subtitle B--Armed Forces Retirement Home

Sec. 1411. Authorization of appropriations for Armed Forces Retirement 
           Home.
Sec. 1412. Expansion of eligibility for residence at the Armed Forces 
           Retirement Home.
Sec. 1413. Periodic inspections of Armed Forces Retirement Home 
           facilities by nationally recognized accrediting organization.

                        Subtitle C--Other Matters

Sec. 1421. Authority for transfer of funds to joint Department of 
           Defense-Department of Veterans Affairs medical facility 
           demonstration fund for Captain James A. Lovell Health Care 
           Center, Illinois.

                      Subtitle A--Military Programs

SEC. 1401. WORKING CAPITAL FUNDS.

    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 providing capital for working capital and 
revolving funds, as specified in the funding table in section 4501.

[[Page 134 STAT. 4030]]

SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION, DEFENSE.

    (a) Authorization of Appropriations.--Funds are hereby authorized to 
be appropriated for the Department of Defense for fiscal year 2021 for 
expenses, not otherwise provided for, for Chemical Agents and Munitions 
Destruction, Defense, as specified in the funding table in section 4501.
    (b) Use.--Amounts authorized to be appropriated under subsection (a) 
are authorized for--
            (1) the destruction of lethal chemical agents and munitions 
        in accordance with section 1412 of the Department of Defense 
        Authorization Act, 1986 (50 U.S.C. 1521); and
            (2) the destruction of chemical warfare materiel of the 
        United States that is not covered by section 1412 of such Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-
                          WIDE.

    Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2021 for expenses, not otherwise provided for, 
for Drug Interdiction and Counter-Drug Activities, Defense-wide, as 
specified in the funding table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.

    Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2021 for expenses, not otherwise provided for, 
for the Office of the Inspector General of the Department of Defense, as 
specified in the funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.

    Funds are hereby authorized to be appropriated for fiscal year 2021 
for the Defense Health Program for use of the Armed Forces and other 
activities and agencies of the Department of Defense for providing for 
the health of eligible beneficiaries, as specified in the funding table 
in section 4501.

                Subtitle B--Armed Forces Retirement Home

SEC. 1411. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES 
                          RETIREMENT HOME.

    There is hereby authorized to be appropriated for fiscal year 2021 
from the Armed Forces Retirement Home Trust Fund the sum of $70,300,000 
for the operation of the Armed Forces Retirement Home.
SEC. 1412. EXPANSION OF ELIGIBILITY FOR RESIDENCE AT THE ARMED 
                          FORCES RETIREMENT HOME.

    (a) Expansion of Eligibility.--Section 1512(a) of the Armed Forces 
Retirement Home Act of 1991 (24 U.S.C. 412(a)) is amended--
            (1) in the matter preceding paragraph (1), by striking 
        ``active'' in the first sentence;
            (2) in paragraph (1), by striking ``are 60 years of age or 
        over and''; and
            (3) by adding the following new paragraph:

[[Page 134 STAT. 4031]]

            ``(5) Persons who are eligible for retired pay under chapter 
        1223 of title 10, United States Code, and are--
                    ``(A) eligible for care under section 1710 of title 
                38, United States Code;
                    ``(B) enrolled in coverage under chapter 55 of title 
                10, United States Code; or
                    ``(C) enrolled in a qualified health plan (as 
                defined in section 1301(a) of the Patient Protection and 
                Affordable Care Act (42 U.S.C. 18021(a))) that is 
                acceptable to the Chief Operating Officer.''.

    (b) Parity of Fees and Deductions.--Section 1514(c) of such Act (24 
U.S.C. 414(c)) is amended--
            (1) by amending paragraph (2) to read as follows:

    ``(2)(A) The fee shall be fixed as a percentage of the monthly 
income and monthly payments (including Federal payments) received by a 
resident. The percentage shall be the same for each facility of the 
Retirement Home. The Secretary of Defense may make any adjustment in a 
percentage that the Secretary determines appropriate.
    ``(B) <<NOTE: Determination.>>  The calculation of monthly income 
and monthly payments under subparagraph (A) for a resident eligible 
under section 1512(a)(5) shall not be less than the retirement pay for 
equivalent active duty service as determined by the Chief Operating 
Officer, except as the Chief Operating Officer may provide because of 
the compelling personal circumstances of such resident.''; and
            (2) by adding at the end the following new paragraph:

    ``(4) The Administrator of each facility of the Retirement Home may 
collect a fee upon admission from a resident accepted under section 
1512(a)(5) equal to the deductions then in effect under section 
1007(i)(1) of title 37, United States Code, for each year of service 
computed under chapter 1223 of title 10, United States Code, and shall 
deposit such fee in the Armed Forces Retirement Home Trust Fund.''.
    (c) Conforming Amendment.--Section 1007(i)(3) of title 37, United 
States Code, is amended by striking ``Armed Forces Retirement Home 
Board'' and inserting ``Chief Operating Officer of the Armed Forces 
Retirement Home''.
SEC. 1413. PERIODIC INSPECTIONS OF ARMED FORCES RETIREMENT HOME 
                          FACILITIES BY NATIONALLY RECOGNIZED 
                          ACCREDITING ORGANIZATION.

    (a) In General.--Section 1518 of the Armed Forces Retirement Home 
Act of 1991 (24 U.S.C. 418) is amended to read as follows:
``SEC. 1518. PERIODIC INSPECTION OF RETIREMENT HOME FACILITIES.

    ``(a) Inspections.--The Chief Operating Officer shall request the 
inspection of each facility of the Retirement Home by a nationally 
recognized civilian accrediting organization in accordance with section 
1511(g) on a frequency consistent with the standards of such 
organization.
    ``(b) Availability of Staff and Records.--The Chief Operating 
Officer and the Administrator of a facility being inspected under this 
section shall make all staff, other personnel, and records of the 
facility available to the civilian accrediting organization in a timely 
manner for purposes of inspections under this section.
    ``(c) Reports.--Not later than 60 days after receiving a report on 
an inspection from the civilian accrediting organization under

[[Page 134 STAT. 4032]]

this section, the Chief Operating Officer shall submit to the Secretary 
of Defense, the Senior Medical Advisor, and the Advisory Council a 
report containing--
            ``(1) the results of the inspection; and
            ``(2) <<NOTE: Plan.>>  a plan to address any recommendations 
        and other matters set forth in the report.''.

    (b) Conforming Amendments.--The Armed Forces Retirement Home Act of 
1991 (24 U.S.C. 401 et seq.) is further amended as follows:
            (1) In section 1513A(c)(2) (24 U.S.C. 413a(c)(2)), by 
        striking ``(including requirements identified in applicable 
        reports of the Inspector General of the Department of 
        Defense)''.
            (2) In section 1516(b)(3) (24 U.S.C. 416(b)(3))--
                    (A) by striking ``shall--'' and all that follows 
                through ``provide for'' and inserting ``shall provide 
                for'';
                    (B) by striking ``; and'' and inserting a period; 
                and
                    (C) by striking subparagraph (B).
            (3) In section 1517(e)(2) (24 U.S.C. 417(e)(2)), by striking 
        ``the Inspector General of the Department of Defense,''.

    (c) Clerical Amendment.--The table of contents set forth in section 
1501(b) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 401 
note) is amended by striking the item related to section 1518 and 
inserting the following:

``Sec. 1518. Periodic inspection of Retirement Home facilities.''.

                        Subtitle C--Other Matters

SEC. 1421. AUTHORITY FOR TRANSFER OF FUNDS TO JOINT DEPARTMENT OF 
                          DEFENSE-DEPARTMENT OF VETERANS AFFAIRS 
                          MEDICAL FACILITY DEMONSTRATION FUND FOR 
                          CAPTAIN JAMES A. LOVELL HEALTH CARE 
                          CENTER, ILLINOIS.

    (a) Authority for Transfer of Funds.--Of the funds authorized to be 
appropriated by section 1405 and available for the Defense Health 
Program for operation and maintenance, $137,000,000 may be transferred 
by the Secretary of Defense to the Joint Department of Defense-
Department of Veterans Affairs Medical Facility Demonstration Fund 
established by subsection (a)(1) of section 1704 of the National Defense 
Authorization Act for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 
2571). For purposes of subsection (a)(2) of such section 1704, any funds 
so transferred shall be treated as amounts authorized and appropriated 
specifically for the purpose of such a transfer.
    (b) Use of Transferred Funds.--For the purposes of subsection (b) of 
such section 1704, facility operations for which funds transferred under 
subsection (a) may be used are operations of the Captain James A. Lovell 
Federal Health Care Center, consisting of the North Chicago Veterans 
Affairs Medical Center, the Navy Ambulatory Care Center, and supporting 
facilities designated as a combined Federal medical facility under an 
operational agreement covered by section 706 of the Duncan Hunter 
National Defense Authorization Act for Fiscal Year 2009 (Public Law 110-
417; 122 Stat. 4500).

[[Page 134 STAT. 4033]]

   TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS 
                         CONTINGENCY OPERATIONS

               Subtitle A--Authorization of Appropriations

Sec. 1501. Purpose.
Sec. 1502. Overseas contingency operations.
Sec. 1503. Procurement.
Sec. 1504. Research, development, test, and evaluation.
Sec. 1505. Operation and maintenance.
Sec. 1506. Military personnel.
Sec. 1507. Working capital funds.
Sec. 1508. Drug interdiction and counter-drug activities, defense-wide.
Sec. 1509. Defense Inspector General.
Sec. 1510. Defense Health Program.

                      Subtitle B--Financial Matters

Sec. 1511. Treatment as additional authorizations.
Sec. 1512. Special transfer authority.

                        Subtitle C--Other Matters

Sec. 1521. Afghanistan Security Forces Fund.

               Subtitle A--Authorization of Appropriations

SEC. 1501. PURPOSE.

    The purpose of this title is to authorize appropriations for the 
Department of Defense for fiscal year 2021 to provide additional funds 
for overseas contingency operations being carried out by the Armed 
Forces.
SEC. 1502. OVERSEAS CONTINGENCY OPERATIONS.

    Funds are hereby authorized to be appropriated for fiscal year 2021 
for the Department of Defense for overseas contingency operations in 
such amounts as may be designated as provided in section 
251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control 
Act of 1985 (2 U.S.C. 901(b)(2)(A)(ii)).
SEC. 1503. PROCUREMENT.

    Funds are hereby authorized to be appropriated for fiscal year 2021 
for procurement accounts for the Army, the Navy and the Marine Corps, 
the Air Force and the Space Force, and Defense-wide activities, as 
specified in the funding table in section 4102.
SEC. 1504. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.

    Funds are hereby authorized to be appropriated for fiscal year 2021 
for the use of the Department of Defense for research, development, 
test, and evaluation, as specified in the funding table in section 4202.
SEC. 1505. OPERATION AND MAINTENANCE.

    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 
4302.

[[Page 134 STAT. 4034]]

SEC. 1506. MILITARY PERSONNEL.

    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, military 
personnel accounts, as specified in the funding table in section 4402.
SEC. 1507. WORKING CAPITAL FUNDS.

    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 providing capital for working capital and 
revolving funds, as specified in the funding table in section 4502.
SEC. 1508. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES, DEFENSE-
                          WIDE.

    Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2021 for expenses, not otherwise provided for, 
for Drug Interdiction and Counter-Drug Activities, Defense-wide, as 
specified in the funding table in section 4502.
SEC. 1509. DEFENSE INSPECTOR GENERAL.

    Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2021 for expenses, not otherwise provided for, 
for the Office of the Inspector General of the Department of Defense, as 
specified in the funding table in section 4502.
SEC. 1510. DEFENSE HEALTH PROGRAM.

    Funds are hereby authorized to be appropriated for the Department of 
Defense for fiscal year 2021 for expenses, not otherwise provided for, 
for the Defense Health Program, as specified in the funding table in 
section 4502.

                      Subtitle B--Financial Matters

SEC. 1511. TREATMENT AS ADDITIONAL AUTHORIZATIONS.

    The amounts authorized to be appropriated by this title are in 
addition to amounts otherwise authorized to be appropriated by this Act.
SEC. 1512. SPECIAL TRANSFER AUTHORITY.

    (a) Authority to Transfer Authorizations.--
            (1) <<NOTE: Determination.>>  Authority.--Upon determination 
        by the Secretary of Defense that such action is necessary in the 
        national interest, the Secretary may transfer amounts of 
        authorizations made available to the Department of Defense in 
        this title for fiscal year 2021 between any such authorizations 
        for that fiscal year (or any subdivisions thereof). Amounts of 
        authorizations so transferred shall be merged with and be 
        available for the same purposes as the authorization to which 
        transferred.
            (2) Limitation.--The total amount of authorizations that the 
        Secretary may transfer under the authority of this subsection 
        may not exceed $2,000,000,000.

    (b) Terms and Conditions.--Transfers under this section shall be 
subject to the same terms and conditions as transfers under section 
1001.

[[Page 134 STAT. 4035]]

    (c) Additional Authority.--The transfer authority provided by this 
section is in addition to the transfer authority provided under section 
1001.

                        Subtitle C--Other Matters

SEC. 1521. AFGHANISTAN SECURITY FORCES FUND.

    (a) Continuation of Prior Authorities and Notice and Reporting 
Requirements.--Funds available to the Department of Defense for the 
Afghanistan Security Forces Fund for fiscal year 2021 shall be subject 
to the conditions contained in--
            (1) subsections (b) through (f) of section 1513 of the 
        National Defense Authorization Act for Fiscal Year 2008 (Public 
        Law 110-181; 122 Stat. 428); and
            (2) section 1521(d)(1) of the National Defense Authorization 
        Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2577) 
        (as amended by subsection (b)).

    (b) Extension of Prior Notice and Reporting Requirements.--Section 
1521(d)(1) of the National Defense Authorization Act for Fiscal Year 
2017 (Public Law 114-328; 130 Stat. 2577) is amended by striking 
``through January 31, 2021'' and inserting ``through January 31, 2023''.
    (c) Equipment Disposition.--
            (1) Acceptance of certain equipment.--Subject to paragraph 
        (2), the Secretary of Defense may accept equipment that is 
        procured using amounts authorized to be appropriated for the 
        Afghanistan Security Forces Fund by this Act and is intended for 
        transfer to the security forces of the Ministry of Defense and 
        the Ministry of Interior Affairs of the Government of 
        Afghanistan, but is not accepted by such security forces.
            (2) Conditions on acceptance of equipment.--Before accepting 
        any equipment under the authority provided under paragraph (1), 
        the Commander of United States forces in Afghanistan shall make 
        a determination that such equipment was procured for the purpose 
        of meeting requirements of the security forces of the Ministry 
        of Defense and the Ministry of Interior Affairs of the 
        Government of Afghanistan, as agreed to by both the Government 
        of Afghanistan and the U.S. Government, but is no longer 
        required by such security forces or was damaged before transfer 
        to such security forces.
            (3) Elements of determination.--In making a determination 
        under paragraph (2) regarding equipment, the Commander of United 
        States forces in Afghanistan shall consider alternatives to the 
        acceptance of such equipment by the Secretary. An explanation of 
        each determination, including the basis for the determination 
        and the alternatives considered, shall be included in the 
        relevant quarterly report required under paragraph (5).
            (4) Treatment as department of defense stocks.--Equipment 
        accepted under the authority provided under paragraph (1) may be 
        treated as stocks of the Department of Defense upon notification 
        to the congressional defense committees of such treatment.
            (5) Quarterly reports on equipment disposition.--

[[Page 134 STAT. 4036]]

                    (A) In general.--Not later than 90 days after the 
                date of the enactment of this Act and every 90 days 
                thereafter during the period in which the authority 
                provided under paragraph (1) is exercised, the Secretary 
                shall submit to the congressional defense committees a 
                report describing the equipment accepted during the 
                period covered by such report under the following:
                          (i) This subsection.
                          (ii) Section 1521(b) of the National Defense 
                      Authorization Act for Fiscal Year 2017 (Public Law 
                      114-328; 130 Stat. 2575).
                          (iii) Section 1531(b) of the National Defense 
                      Authorization Act for Fiscal Year 2016 (Public Law 
                      114-92; 129 Stat. 1088).
                          (iv) Section 1532(b) of the Carl Levin and 
                      Howard P. ``Buck'' McKeon National Defense 
                      Authorization Act for Fiscal Year 2015 (Public Law 
                      113-291; 128 Stat. 3613).
                          (v) Section 1531(d) of the National Defense 
                      Authorization Act for Fiscal Year 2014 (Public Law 
                      113-66; 127 Stat. 938; 10 U.S.C. 2302 note).
                    (B) Elements.--Each report under subparagraph (A) 
                shall include, with respect to the 90-day period for 
                which the report is submitted--
                          (i) <<NOTE: List.>>  a list of any equipment 
                      accepted during such period and treated as stocks 
                      of the Department of Defense; and
                          (ii) <<NOTE: Records.>>  copies of any 
                      determinations made under paragraph (2) during 
                      such period, as required under paragraph (3).

    (d) Security of Afghan Women.--
            (1) In general.--Of the funds available to the Department of 
        Defense for the Afghanistan Security Forces Fund for fiscal year 
        2021, it is the goal that $29,100,000, but in no event less than 
        $10,000,000, shall be used for programs and activities for--
                    (A) the recruitment, integration, retention, 
                training, and treatment of women in the Afghan National 
                Defense and Security Forces; and
                    (B) the recruitment, training, and contracting of 
                female security personnel for future elections.
            (2) Types of programs and activities.--Such programs and 
        activities may include--
                    (A) efforts to recruit and retain women into the 
                Afghan National Defense and Security Forces, including 
                the special operations forces;
                    (B) programs and activities of the Directorate of 
                Human Rights and Gender Integration of the Ministry of 
                Defense and the Office of Human Rights, Gender, and 
                Child Rights of the Ministry of Interior Affairs of the 
                Government of Afghanistan;
                    (C) development and dissemination of gender and 
                human rights educational and training materials and 
                programs within the Ministry of Defense and the Ministry 
                of Interior Affairs of the Government of Afghanistan;

[[Page 134 STAT. 4037]]

                    (D) efforts to address harassment and violence 
                against women within the Afghan National Defense and 
                Security Forces;
                    (E) improvements to infrastructure that address the 
                requirements of women serving in the Afghan National 
                Defense and Security Forces, including appropriate 
                equipment for female security and police forces, 
                remediation, renovation, and protection of facilities 
                used by women, and transportation for policewomen to 
                their station;
                    (F) support for Afghanistan National Police Family 
                Response Units;
                    (G) security provisions for high-profile female 
                police and military officers;
                    (H) programs to promote conflict prevention, 
                management, and resolution through the meaningful 
                participation of Afghan women in the Afghan National 
                Defense and Security Forces, by exposing Afghan women 
                and girls to the activities of and careers available 
                with such forces, encouraging their interest in such 
                careers, or developing their interest and skills 
                necessary for service in such forces; and
                    (I) enhancements to Afghan National Defense and 
                Security Forces recruitment programs for targeted 
                advertising with the goal of increasing the number of 
                female recruits.

    (e) Assessment of Afghanistan Progress on Objectives.--
            (1) <<NOTE: Deadline. Consultation.>>  Assessment 
        required.--Not later than March 1, 2021, the Secretary of 
        Defense, in consultation with the Secretary of State, shall 
        submit to the Committee on Armed Services and the Committee on 
        Foreign Affairs of the House of Representatives and the 
        Committee on Armed Services and the Committee on Foreign 
        Relations of the Senate an assessment describing--
                    (A) the progress of the Government of Afghanistan 
                toward meeting shared security objectives, including 
                specific milestones achieved since the date on which the 
                assessment required under section 1520(d)(1) of the 
                National Defense Authorization Act for Fiscal Year 2020 
                (Public Law 116-92; 133 Stat. 1716) was submitted; and
                    (B) the efforts of the Government of Afghanistan to 
                manage, employ, and sustain the equipment and inventory 
                provided under subsection (a).
            (2) Matters to be included.--The assessment required under 
        paragraph (1) shall include each of the following:
                    (A) The progress made by the Government of 
                Afghanistan toward increased accountability and the 
                reduction of corruption within the Ministry of Defense 
                and the Ministry of Interior Affairs of such Government.
                    (B) The extent to which the capability and capacity 
                of the Afghan National Defense and Security Forces have 
                improved as a result of Afghanistan Security Forces Fund 
                investment, including through training, and an 
                articulation of the metrics used to assess such 
                improvements.
                    (C) The extent to which the Afghan National Defense 
                and Security Forces have been successful in--
                          (i) defending territory, re-taking territory, 
                      and disrupting attacks;

[[Page 134 STAT. 4038]]

                          (ii) reducing the use of Aghan National 
                      Defense and Security Forces checkpoints; and
                          (iii) curtailing the use of Afghan Special 
                      Security Forces for missions that are better 
                      suited to general purpose forces.
                    (D) The distribution practices of the Afghan 
                National Defense and Security Forces and whether the 
                Government of Afghanistan has ensured that supplies, 
                equipment, and weaponry supplied by the United States 
                are appropriately distributed to, and employed by, 
                security forces.
                    (E) The extent to which the Government of 
                Afghanistan has designated the appropriate staff, 
                prioritized the development of relevant processes, and 
                provided or requested the allocation of resources 
                necessary to support a peace and reconciliation process 
                in Afghanistan.
                    (F) A description of the ability of the Ministry of 
                Defense and the Ministry of Interior Affairs of the 
                Government of Afghanistan to manage and account for 
                previously divested equipment, including a description 
                of any vulnerabilities or weaknesses of the internal 
                controls of such Ministries and any plan in place to 
                address shortfalls.
                    (G) <<NOTE: Time period.>>  A description of any 
                significant irregularities in the divestment of 
                equipment to the Afghan National Defense and Security 
                Forces during the period beginning on May 1, 2020, and 
                ending on March 1, 2021, including any major losses of 
                such equipment or any inability on the part of the 
                Afghan National Defense and Security Forces to account 
                for equipment procured during such period.
                    (H) A description of the sustainment and maintenance 
                costs required during the five-year period beginning on 
                the date of the enactment of this Act, for major weapons 
                platforms previously divested, and a description of the 
                plan for the Afghan National Defense and Security Forces 
                to maintain such platforms in the future.
                    (I) The extent to which the Government of 
                Afghanistan has adhered to conditions for receiving 
                assistance established in annual financial commitment 
                letters or any other bilateral agreements with the 
                United States.
                    (J) The extent to which the Government of 
                Afghanistan or the Secretary of Defense has developed a 
                plan to integrate former Taliban fighters into the 
                Ministry of Defense or the Ministry of Interior Affairs 
                of the Government of Afghanistan.
                    (K) Such other factors as the Secretaries consider 
                appropriate.
            (3) <<NOTE: Classified information.>>  Form.--The assessment 
        required under paragraph (1) shall be submitted in unclassified 
        form, but may include a classified annex.
            (4) Withholding of assistance for insufficient progress.--
                    (A) <<NOTE: Deadline. Coordination.>>  
                Certification.--Not later than December 31, 2020, the 
                Secretary of Defense, in coordination with the Secretary 
                of State and pursuant to the assessment required under 
                paragraph (1), shall submit to the congressional defense 
                committees a certification indicating whether the 
                Government of the Islamic Republic of Afghanistan has 
                made

[[Page 134 STAT. 4039]]

                sufficient progress in the areas described in paragraph 
                (2).
                    (B) Withholding of funds.--If the Secretary of 
                Defense is unable to certify under subparagraph (A) that 
                the Government of Afghanistan has made sufficient 
                progress in the areas described in paragraph (2), the 
                Secretary of Defense shall--
                          (i) withhold from expenditure and obligation 
                      an amount that is not less than 5 percent and not 
                      more than 15 percent of the amounts made available 
                      for assistance for the Afghan National Defense and 
                      Security Forces for fiscal year 2021 until the 
                      date on which the Secretary is able to so certify; 
                      and
                          (ii) <<NOTE: Notification. Deadline.>>  notify 
                      the congressional defense committees not later 
                      than 30 days before withholding such funds and 
                      indicate each specific area of insufficient 
                      progress.
                    
                (C) <<NOTE: Determination. Coordination. Certification. D
                eadline.>>  Waiver.--If the Secretary of Defense 
                determines that withholding assistance under this 
                paragraph would impede the national security objectives 
                of the United States by prohibiting, restricting, 
                delaying, or otherwise limiting the provision of 
                assistance to the Afghan National Defense and Security 
                Forces for fiscal year 2021, the Secretary may waive the 
                withholding requirement under subparagraph (B) if the 
                Secretary, in coordination with the Secretary of State, 
                certifies such determination to the congressional 
                defense committees not later than 30 days before the 
                effective date of the waiver.

    (f) Additional Reporting Requirements.--The Secretary of Defense 
shall include in the materials submitted in support of the budget for 
fiscal year 2022 that is submitted by the President under section 
1105(a) of title 31, United States Code, each of the following:
            (1) The amount of funding provided in fiscal year 2020 
        through the Afghanistan Security Forces Fund to the Government 
        of Afghanistan in the form of direct government-to-government 
        assistance or on-budget assistance for the purposes of 
        supporting any entity of the Government of Afghanistan, 
        including the Afghan National Defense and Security Forces, the 
        Ministry of Defense, or the Ministry of Interior Affairs of such 
        Government.
            (2) The amount of funding provided and anticipated to be 
        provided, as of the date of the submission of the materials, in 
        fiscal year 2021 through such Fund in such form.
            (3) If the amount described in paragraph (2) exceeds the 
        amount described in paragraph (1)--
                    (A) an explanation as to why the amount described in 
                paragraph (2) is greater; and
                    (B) a detailed description of the specific entities 
                and purposes that were supported by such increase.

[[Page 134 STAT. 4040]]

   TITLE XVI--SPACE ACTIVITIES, STRATEGIC PROGRAMS, AND INTELLIGENCE 
                                 MATTERS

                      Subtitle A--Space Activities

Sec. 1601. Space Development Agency development requirements and 
           transfer to Space Force.
Sec. 1602. Personnel management authority for Space Development Agency 
           for experts in science and engineering.
Sec. 1603. Requirement to buy certain satellite component from national 
           technology and industrial base.
Sec. 1604. Conforming amendments relating to reestablishment of Space 
           Command.
Sec. 1605. Clarification of authority for procurement of commercial 
           satellite communications services.
Sec. 1606. National Security Space Launch program.
Sec. 1607. Commercial space domain awareness capabilities.
Sec. 1608. Policy to ensure launch of small-class payloads.
Sec. 1609. Tactically responsive space launch operations.
Sec. 1610. Limitation on availability of funds for prototype program for 
           multi-global navigation satellite system receiver 
           development.
Sec. 1611. Resilient and survivable positioning, navigation, and timing 
           capabilities.
Sec. 1612. Leveraging commercial satellite remote sensing.
Sec. 1613. Strategy to strengthen civil and national security 
           capabilities and operations in space.
Sec. 1614. Report and strategy on space competition with China.

  Subtitle B--Defense Intelligence and Intelligence-Related Activities

Sec. 1621. Safety of navigation mission of the National Geospatial-
           Intelligence Agency.
Sec. 1622. National Academies Climate Security Roundtable.
Sec. 1623. Efficient use of sensitive compartmented information 
           facilities.

                       Subtitle C--Nuclear Forces

Sec. 1631. Semiannual updates on meetings held by Nuclear Weapons 
           Council; limitation on availability of funds relating to such 
           updates.
Sec. 1632. Role of Nuclear Weapons Council with respect to performance 
           requirements and budget for nuclear weapons programs.
Sec. 1633. Modification of Government Accountability Office review of 
           annual reports on nuclear weapons enterprise.
Sec. 1634. Independent study on nuclear weapons programs of certain 
           foreign countries.
Sec. 1635. Prohibition on reduction of the intercontinental ballistic 
           missiles of the United States.

                  Subtitle D--Missile Defense Programs

Sec. 1641. Alignment of the Missile Defense Agency within the Department 
           of Defense.
Sec. 1642. Extension of prohibition relating to missile defense 
           information and systems.
Sec. 1643. Extension of transition of ballistic missile defense programs 
           to military departments.
Sec. 1644. Extension of requirement for Comptroller General review and 
           assessment of missile defense acquisition programs.
Sec. 1645. Development of hypersonic and ballistic missile tracking 
           space sensor payload.
Sec. 1646. Ground-based midcourse defense interim capability.
Sec. 1647. Next generation interceptors.
Sec. 1648. Report on and limitation on availability of funds for layered 
           homeland missile defense system.
Sec. 1649. Iron Dome short-range rocket defense system and Israeli 
           cooperative missile defense program co-development and co-
           production.
Sec. 1650. Report on defense of Guam from integrated air and missile 
           threats.
Sec. 1651. Reports on cruise missile defense and North Warning System.

     Subtitle E--Matters Relating to Certain Commercial Terrestrial 
                               Operations

Sec. 1661. Prohibition on availability of funds for certain purposes 
           relating to the Global Positioning System.

[[Page 134 STAT. 4041]]

Sec. 1662. Limitation on awarding contracts to entities operating 
           commercial terrestrial communication networks that cause 
           harmful interference with the Global Positioning System.
Sec. 1663. Independent technical review of Federal Communications 
           Commission Order 20-48.
Sec. 1664. Estimate of damages from Federal Communications Commission 
           Order 20-48.

                        Subtitle F--Other Matters

Sec. 1671. Conventional prompt strike.
Sec. 1672. Limitation on availability of funds relating to reports on 
           missile systems and arms control treaties.
Sec. 1673. Submission of reports under Missile Defense Review and 
           Nuclear Posture Review.

                      Subtitle A--Space Activities

SEC. 1601. SPACE DEVELOPMENT AGENCY DEVELOPMENT REQUIREMENTS AND 
                          TRANSFER TO SPACE FORCE.

    (a) In General.--Chapter 908 of title 10, United States Code, is 
amended by adding at the end the following new section:
``Sec. 9084. <<NOTE: 10 USC 9084.>>  Space Development Agency

    ``(a) In General.--(1) There is a Space Development Agency of the 
Department of Defense (in this section referred to as the `Agency'). The 
Director of the Space Development Agency shall be the head of the 
Agency.
    ``(2) Effective on October 1, 2022--
            ``(A) the Agency shall be an element of the Space Force; and
            ``(B) the Director shall report--
                    ``(i) pursuant to section 9016(b)(6)(B)(iv)(III) of 
                this title, to the Assistant Secretary of the Air Force 
                for Space Acquisition and Integration with respect to 
                acquisition decisions; and
                    ``(ii) directly to the Chief of Space Operations 
                with respect to requirements decisions, personnel 
                decisions, and any other matter not covered by clause 
                (i).

    ``(b) Development and Integration Authorities.--The Director shall 
lead--
            ``(1) the development and demonstration of a resilient 
        military space-based sensing, tracking, and data transport 
        architecture that uses proliferated low-Earth orbit systems and 
        services;
            ``(2) the integration of next-generation space capabilities, 
        such as novel sensors (including with respect to alternate 
        navigation, and autonomous battle management features), and 
        sensor and tracking components (including a hypersonic and 
        ballistic missile tracking space sensor payload pursuant to 
        section 1645 of the William M. (Mac) Thornberry National Defense 
        Authorization Act for Fiscal Year 2021), into the architecture 
        specified in paragraph (1) to address the requirements and needs 
        of the armed forces and combatant commands for such 
        capabilities;
            ``(3) the procurement of commercial capabilities and 
        services, including--
                    ``(A) options for integrating payloads on commercial 
                buses and spacecraft into existing commercial 
                architectures; and

[[Page 134 STAT. 4042]]

                    ``(B) innovative commercial capabilities and 
                services, such as on-orbit servicing or in-space 
                transportation systems, that could extend the life of 
                space systems, rapidly respond to threats, or contribute 
                to resilience; and
            ``(4) the rapid introduction, acquisition, and iteration of 
        cost-effective, resilient solutions that leverage planned and 
        existing commercial low-Earth orbit capabilities or innovative 
        capabilities.

    ``(c) <<NOTE: Deadline.>>  Budget Materials and Program Elements.--
Beginning not later than with respect to fiscal year 2023 and each 
fiscal year thereafter--
            ``(1) in the budget justification materials submitted to 
        Congress in support of the Department of Defense budget for a 
        fiscal year (as submitted with the budget of the President under 
        section 1105(a) of title 31), the amount requested for the 
        activities of the Agency shall be separate from the other 
        activities of the Space Force; and
            ``(2) the Secretary of Defense shall ensure that the 
        programs of the Agency are assigned program elements different 
        from other program elements of the Space Force.''.

    (b) <<NOTE: 10 USC 9081 prec.>>  Clerical Amendment.--The table of 
sections at the beginning of such chapter is amended by inserting after 
the item relating to section 9083 the following new item:

``9084. Space Development Agency.''.

    (c) Conforming Amendment.--Section 9016(b)(6)(B)(iv)(III) of such 
title is amended by inserting before the period at the end the 
following: ``with respect to acquisition decisions''.
    (d) <<NOTE: 10 USC 9084 note.>>  Transition.--
            (1) <<NOTE: Effective date.>>  Transfer.--Effective on 
        October 1, 2022, the Secretary of Defense shall transfer the 
        Space Development Agency from the Office of the Secretary of 
        Defense to the Space Force.
            (2) Funding, duties, responsibilities, and personnel.--
        Except as provided by section 9084 of title 10, United States 
        Code, the transfer under paragraph (1) of the Space Development 
        Agency from the Office of the Secretary of Defense to the Space 
        Force shall include the transfer of the funding, duties, 
        responsibilities, and personnel of the Agency as of the day 
        before the date of the transfer.
SEC. 1602. PERSONNEL MANAGEMENT AUTHORITY FOR SPACE DEVELOPMENT 
                          AGENCY FOR EXPERTS IN SCIENCE AND 
                          ENGINEERING.

    (a) Program Authorized for Space Development Agency.--Section 
1599h(a) of title 10, United States Code, is amended by adding at the 
end the following new paragraph:
            ``(7) SDA.--The Director of the Space Development Agency may 
        carry out a program of personnel management authority provided 
        in subsection (b) in order to facilitate recruitment of eminent 
        experts in science or engineering for research and development 
        projects and to enhance the administration and management of the 
        Agency. <<NOTE: Termination date.>> The authority to carry out 
        the program under this paragraph shall terminate on December 31, 
        2025.''.

    (b) Personnel Management Authority.--Section 1599h(b)(1) of such 
title is amended--
            (1) by striking ``and'' at the end of subparagraph (E);

[[Page 134 STAT. 4043]]

            (2) by inserting ``and'' after the semicolon at the end of 
        subparagraph (F); and
            (3) by adding at the end the following new subparagraph:
                    ``(G) in the case of the Space Development Agency, 
                appoint individuals to a total of not more than 10 
                positions in the Agency, of which not more than 3 such 
                positions may be positions of administration or 
                management of the Agency;''.
SEC. 1603. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT FROM 
                          NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.

    (a) In General.--Section 2534(a) of title 10, United States Code, as 
amended by section 845, is further amended by adding at the end the 
following new paragraph:
            ``(5) Star tracker.--A star tracker used in a satellite 
        weighing more than 400 pounds whose principle purpose is to 
        support the national security, defense, or intelligence needs of 
        the United States Government.''.

    (b) <<NOTE: 10 USC 2534 note.>>  Certain Exemption.--Paragraph (5) 
of section 2534(a) of title 10, United States Code, as added by 
subsection (a) of this section, shall not apply with respect to programs 
that have received Milestone A approval (as defined in section 2431a of 
such title) before October 1, 2021.

    (c) <<NOTE: 10 USC 2534 note.>>  Clarification of Delegation 
Authority.--Subject to subsection (i) of section 2534 of title 10, 
United States Code, the Secretary of Defense may delegate to a service 
acquisition executive the authority to make a waiver under subsection 
(d) of such section with respect to the limitation under subsection 
(a)(5) of such section, as added by subsection (a) of this section.
SEC. 1604. CONFORMING AMENDMENTS RELATING TO REESTABLISHMENT OF 
                          SPACE COMMAND.

    (a) Certifications Regarding Integrated Tactical Warning and Attack 
Assessment Mission of the Air Force.--Section 1666(a) of National 
Defense Authorization Act for Fiscal Year 2017 (Public Law 114-328; 113 
Stat. 2617) is amended by striking ``Strategic Command'' and inserting 
``Space Command''.
    (b) Council on Oversight of the Department of Defense Positioning, 
Navigation, and Timing Enterprise.--Section 2279b of title 10, United 
States Code, is amended--
            (1) in subsection (b)--
                    (A) by redesignating paragraphs (7), (8), (9), and 
                (10) as paragraphs (8), (9), (10), and (11), 
                respectively; and
                    (B) by inserting after paragraph (6) the following 
                new paragraph (7):
            ``(7) The Commander of the United States Space Command.''; 
        and
            (2) in subsection (f), by striking ``Strategic Command'' 
        each place it appears and inserting ``Space Command''.

    (c) Joint Interagency Combined Space Operations Center.--Section 
605(e) of the Intelligence Authorization Act for Fiscal Year 2017 
(Public Law 115-31; 131 Stat. 832; 10 U.S.C. 2271 note) is amended--
            (1) in the subsection heading, by striking ``Joint 
        Interagency Combined Space Operations Center'' and inserting 
        ``National Space Defense Center'';
            (2) by striking ``Strategic Command'' each place it appears 
        and inserting ``Space Command''; and

[[Page 134 STAT. 4044]]

            (3) by striking ``Joint Interagency Combined Space 
        Operations Center'' each place it appears and inserting 
        ``National Space Defense Center''.

    (d) National Security Space Satellite Reporting Policy.--Section 
2278(a) of title 10, United States Code, is amended by striking 
``Strategic Command'' and inserting ``Space Command''.
    (e) Space-based Infrared System and Advanced Extremely High 
Frequency Program.--Section 1612(a)(1) of the National Defense 
Authorization Act for 2017 (Public Law 114-328; 130 Stat. 2590) is 
amended by striking ``Strategic Command'' and inserting ``Space 
Command''.
SEC. 1605. CLARIFICATION OF AUTHORITY FOR PROCUREMENT OF 
                          COMMERCIAL SATELLITE COMMUNICATIONS 
                          SERVICES.

    Section 957(c) of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116-92; 10 U.S.C. 9016 note) is amended by adding 
at the end the following new paragraph:
            ``(4) Commercial satellite communications services.--
                    ``(A) <<NOTE: Effective date.>>  Authority.--
                Beginning on the date specified in subparagraph (B), the 
                Service Acquisition Executive for Space Systems and 
                Programs shall be responsible for the procurement of 
                commercial satellite communications services for the 
                Department of Defense.
                    ``(B) <<NOTE: Plan.>>  Date specified.--The date 
                specified in this subparagraph is the date that is 120 
                days after the date on which the Service Acquisition 
                Executive for Space Systems and Programs submits to the 
                congressional defense committees a plan for delegating 
                the authority under subparagraph (A) to a subordinate 
                acquisition command within the Space Force.
                    ``(C) Responsibility during interim period.--During 
                the period preceding the date specified in subparagraph 
                (B), the Chief of Space Operations shall be responsible 
                for the procurement of commercial satellite 
                communications services for the Department of 
                Defense.''.
SEC. <<NOTE: 10 USC 2273.>>  1606. NATIONAL SECURITY SPACE LAUNCH 
                          PROGRAM.

    (a) Launch Services Agreement.--
            (1) Limitation on amounts.--Except as provided by paragraph 
        (2), in carrying out the phase two acquisition strategy, the 
        Secretary of the Air Force may not obligate or expend a total 
        amount for a launch services agreement that is greater than the 
        amount specifically appropriated for the launch services 
        agreement.
            (2) Use of reprogramming and transfer authority.--The 
        Secretary may exceed the limitation under paragraph (1) if the 
        Secretary carries out a reprogramming or transfer for such 
        purpose in accordance with established procedures for 
        reprogrammings or transfers, including with respect to 
        presenting a request for a reprogramming of funds.

    (b) Reusability.--
            (1) <<NOTE: Deadline. Determination.>>  Validation.--Not 
        later than 18 months after the date on which the Secretary 
        determines the down-selected National Security Space Launch 
        providers, the Secretary shall--
                    (A) complete all non-recurring design validation of 
                previously flown launch hardware for National Security 
                Space Launch providers offering such hardware for use in 
                phase two contracts; and

[[Page 134 STAT. 4045]]

                    (B) <<NOTE: Notification.>>  notify the appropriate 
                congressional committees that such design validation has 
                been completed.
            (2) <<NOTE: Determination.>>  Report.--Not later than 210 
        days after the date on which the Secretary determines the down-
        selected National Security Space Launch providers, the Secretary 
        shall submit to the appropriate congressional committees a 
        report on the progress of the Secretary with respect to 
        completing all non-recurring design validation of previously 
        flown launch hardware described in paragraph (1), including--
                    (A) a justification for any deviation from the new 
                entrant certification guide; and
                    (B) a description of such progress with respect to 
                National Security Space Launch providers that are not 
                down-selected National Security Space Launch providers, 
                if applicable.

    (c) Funding and Strategy for Technology Development for 
Certification, Infrastructure, and Innovation.--
            (1) <<NOTE: Deadline. Contracts.>>  Authority.--Pursuant to 
        section 2371b of title 10, United States Code, not later than 
        September 30, 2021, the Secretary of the Air Force shall enter 
        into agreements described in paragraph (3) with potential phase 
        three National Security Space Launch providers--
                    (A) to maintain competition in order to maximize the 
                likelihood of at least three National Security Space 
                Launch providers competing for phase three contracts; 
                and
                    (B) to support innovation for national security 
                launches, including innovative technologies and systems 
                to further advance launch capability associated with the 
                insertion of national security payloads into relevant 
                classes of orbits.
            (2) Competitive procedures.--The Secretary shall carry out 
        paragraph (1) by conducting a full and open competition among 
        all National Security Space Launch providers that plan to submit 
        bids for a phase three contract.
            (3) <<NOTE: Contracts.>>  Agreements.--An agreement 
        described in this paragraph is an agreement that could provide 
        value or technical advances to phase three of the National 
        Security Space Launch program and that includes not more than 
        $90,000,000 in fiscal year 2021, subject to the availability of 
        appropriations for such purpose, for the provider to conduct 
        either or both of the following activities:
                    (A) Develop enabling technologies to meet the 
                certification and infrastructure requirements that are--
                          (i) unique to national security space 
                      missions; and
                          (ii) support the likely requirements of a 
                      phase three contract.
                    (B) Develop transformational technologies in support 
                of the national security space launch capability for 
                phase three contracts (such as technologies regarding 
                launch, maneuver, and transport capabilities for 
                enhanced resiliency and security technologies, 
                technologies to support progress toward phase three 
                national security space launches, or technologies to 
                inform the National Security Launch Architecture study 
                of the Space Force).
            (4) <<NOTE: Deadline.>>  Technology development investment 
        strategy.--Not later than March 15, 2021, the Secretary shall 
        submit

[[Page 134 STAT. 4046]]

        to the appropriate congressional committees a strategy to 
        support investments in technologies for phase three pursuant to 
        paragraph (1) that includes--
                    (A) the funding requirements for such strategy 
                during fiscal years 2022 through 2026;
                    (B) a schedule for investments toward phase three;
                    (C) associated milestones; and
                    (D) a planned schedule for awarding phase three 
                contracts.
            (5) Report.--Not later than 30 days after the date on which 
        the Secretary enters into an agreement under paragraph (1), the 
        Secretary shall submit to the appropriate congressional 
        committees a report explaining which enabling technologies are 
        funded under such agreement.

    (d) <<NOTE: Deadline.>>  Briefing.--Not later than March 15, 2021, 
and quarterly thereafter through September 30, 2023, the Secretary shall 
provide to the congressional defense committees a briefing on the 
progress made by the Secretary in ensuring that full and open 
competition exists for phase three contracts, including--
            (1) <<NOTE: Determination.>>  a description of progress made 
        to establish the requirements for phase three contracts, 
        including such requirements that the Secretary determines cannot 
        be met by the commercial market;
            (2) <<NOTE: Determination.>>  whether the Secretary 
        determines that additional development funding will be necessary 
        for such phase;
            (3) a description of the estimated costs for the development 
        described in subparagraphs (A) and (B) of subsection (c)(3); and
            (4) how the Secretary will--
                    (A) ensure full and open competition for technology 
                development for phase three contracts; and
                    (B) maintain competition.

    (e) Rule of Construction.--Nothing in this section may be construed 
to delay the award of phase two contracts.
    (f) Definitions.--In this section:
            (1) The term ``appropriate congressional committees'' 
        means--
                    (A) the congressional defense committees; and
                    (B) the Permanent Select Committee on Intelligence 
                of the House of Representatives and the Select Committee 
                on Intelligence of the Senate.
            (2) The term ``down-selected National Security Space Launch 
        provider'' means a National Security Space Launch provider that 
        the Secretary of the Air Force selected to be awarded phase two 
        contracts.
            (3) The term ``phase three contract'' means a contract 
        awarded using competitive procedures for launch services under 
        the National Security Space Launch program after fiscal year 
        2024.
            (4) The term ``phase two acquisition strategy'' means the 
        process by which the Secretary of the Air Force enters into 
        phase two contracts during fiscal year 2020, orders launch 
        missions during fiscal years 2020 through 2024, and carries out 
        such launches under the National Security Space Launch program.
            (5) <<NOTE: Time periods.>>  The term ``phase two contract'' 
        means a contract awarded during fiscal year 2020 using 
        competitive procedures

[[Page 134 STAT. 4047]]

        for launch missions ordered under the National Security Space 
        Launch program during fiscal years 2020 through 2024.
SEC. 1607. <<NOTE: 10 USC 2271 note.>>  COMMERCIAL SPACE DOMAIN 
                          AWARENESS CAPABILITIES.

    (a) <<NOTE: Deadline.>>  Procurement.--Not later than 90 days after 
the date of the enactment of this Act, the Secretary of the Air Force 
shall procure commercial space domain awareness services by awarding at 
least two contracts for such services.

    (b) Limitation.--Of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2021 for the Office of 
the Secretary of the Air Force, not more than 75 percent may be 
obligated or expended until the date on which the Secretary of Defense, 
without delegation, certifies to the congressional committees that the 
Secretary of the Air Force has awarded the contracts under subsection 
(a).
    (c) <<NOTE: Coordination. Time period.>>  Report.--Not later than 
January 31, 2021, the Chief of Space Operations, in coordination with 
the Secretary of the Air Force, shall submit to the congressional 
defense committees a report detailing the commercial space domain 
awareness services, data, and analytics of objects in low-Earth orbit 
that have been purchased during the two-year period preceding the date 
of the report. The report shall be submitted in unclassified form.

    (d) Commercial Space Domain Awareness Services Defined.--In this 
section, the term ``commercial space domain awareness services'' means 
space domain awareness data, processing software, and analytics derived 
from best-in-breed commercial capabilities to address warfighter 
requirements in low-Earth orbit and fill gaps in current space domain 
capabilities of the Space Force, including commercial capabilities to--
            (1) provide conjunction and maneuver alerts;
            (2) monitor breakup and launch events; and
            (3) detect and track objects smaller than 10 centimeters in 
        size.
SEC. <<NOTE: 10 USC 2273 note.>>  1608. POLICY TO ENSURE LAUNCH OF 
                          SMALL-CLASS PAYLOADS.

    (a) In General.--The Secretary of Defense shall establish a small 
launch and satellite policy to ensure responsive and reliable access to 
space through the processing and launch of Department of Defense small-
class payloads.
    (b) Policy.--The policy under subsection (a) shall include, at a 
minimum, providing resources and policy guidance to sustain--
            (1) the availability of small-class payload launch service 
        providers using launch vehicles capable of delivering into space 
        small payloads designated by the Secretary of Defense as a 
        national security payload;
            (2) a robust small-class payload space launch infrastructure 
        and industrial base, including small launch systems and small 
        satellite rideshare opportunities;
            (3) the availability of rapid, responsive, and reliable 
        space launches for national security space programs to--
                    (A) improve the responsiveness and flexibility of a 
                national security space system;
                    (B) lower the costs of launching a national security 
                space system; and
                    (C) maintain risks to mission success at acceptable 
                levels;
            (4) a minimum number of dedicated launches each year; and

[[Page 134 STAT. 4048]]

            (5) full and open competition, including small launch 
        providers and rideshare opportunities.
SEC. 1609. <<NOTE: 10 USC 2271 note.>>  TACTICALLY RESPONSIVE 
                          SPACE LAUNCH OPERATIONS.

    The Secretary of the Air Force shall implement a tactically 
responsive space launch program--
            (1) to provide long-term continuity for tactically 
        responsive space launch operations across the future-years 
        defense program submitted to Congress under section 221 of title 
        10, United States Code;
            (2) to accelerate the development of--
                    (A) responsive launch concepts of operations;
                    (B) tactics;
                    (C) training; and
                    (D) procedures;
            (3) to develop appropriate processes for tactically 
        responsive space launch, including--
                    (A) mission assurance processes; and
                    (B) command and control, tracking, telemetry, and 
                communications; and
            (4) to identify basing capabilities necessary to enable 
        tactically responsive space launch, including mobile launch 
        range infrastructure.
SEC. 1610. LIMITATION ON AVAILABILITY OF FUNDS FOR PROTOTYPE 
                          PROGRAM FOR MULTI-GLOBAL NAVIGATION 
                          SATELLITE SYSTEM RECEIVER DEVELOPMENT.

    Of the funds authorized to be appropriated by this Act or otherwise 
made available for fiscal year 2021 for the Office of the Secretary of 
the Air Force, not more than 80 percent may be obligated or expended 
until the date on which the Secretary of Defense--
            (1) <<NOTE: Certification.>>  certifies to the congressional 
        defense committees that the Secretary of the Air Force is 
        carrying out the program required under section 1607 of the 
        National Defense Authorization Act for Fiscal Year 2020 (Public 
        Law 116-92; 133 Stat. 1724); and
            (2) <<NOTE: Briefing.>>  provides to the Committees on Armed 
        Services of the House of Representatives and the Senate a 
        briefing on how the Secretary is implementing such program, 
        including with respect to addressing each element specified in 
        subsection (b) of such section.
SEC. 1611. <<NOTE: 10 USC 2281 note.>>  RESILIENT AND SURVIVABLE 
                          POSITIONING, NAVIGATION, AND TIMING 
                          CAPABILITIES.

    (a) <<NOTE: Deadline.>>  In General.--Not later than two years after 
the date of the enactment of this Act, consistent with the timescale 
applicable to joint urgent operational needs statements, the Secretary 
of Defense shall--
            (1) prioritize and rank order the mission elements, 
        platforms, and weapons systems most critical for the operational 
        plans of the combatant commands;
            (2) mature, test, and produce for such prioritized mission 
        elements sufficient equipment--
                    (A) to generate resilient and survivable alternative 
                positioning, navigation, and timing signals; and
                    (B) to process resilient survivable data provided by 
                signals of opportunity and on-board sensor systems; and

[[Page 134 STAT. 4049]]

            (3) integrate and deploy such equipment into the prioritized 
        operational systems, platforms, and weapons systems.

    (b) Plan.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of the enactment of this Act, the Secretary 
        shall submit to the congressional defense committees a plan to 
        commence carrying out subsection (a) in fiscal year 2021.
            (2) Reprogramming and budget proposals.--The plan submitted 
        under paragraph (1) may include any reprogramming or 
        supplemental budget request the Secretary considers necessary to 
        carry out subsection (a).

    (c) <<NOTE: Consultation.>>  Coordination.--In carrying out this 
section, the Secretary shall consult with the National Security Council, 
the Secretary of Homeland Security, the Secretary of Transportation, and 
the head of any other relevant Federal department or agency to enable 
civilian and commercial adoption of technologies and capabilities for 
resilient and survivable alternative positioning, navigation, and timing 
capabilities to complement the global positioning system.
SEC. <<NOTE: 10 USC 441 note.>>  1612. LEVERAGING COMMERCIAL 
                          SATELLITE REMOTE SENSING.

    (a) <<NOTE: Coordination.>>  In General.--In acquiring geospatial 
intelligence, the Secretary of Defense and the Director of National 
Intelligence, in coordination with the Director of the National 
Reconnaissance Office and the Director of the National Geospatial-
Intelligence Agency, shall leverage, to the extent practicable, the 
capabilities of the industry of the United States, including through the 
use of domestic commercial geospatial-intelligence services and 
acquisition of domestic commercial satellite imagery.

    (b) Obtaining Future Geospatial-intelligence Data.--The Director of 
the National Reconnaissance Office, as part of an analysis of 
alternatives for the future acquisition of space systems, and the 
Director of the National Geospatial-Intelligence Agency, as part of an 
analysis of alternatives for the future acquisition of analysis tools 
for geospatial intelligence, shall each--
            (1) consider whether there is a cost-effective domestic 
        commercial capability or service available that can meet any or 
        all of the geospatial-intelligence requirements of the 
        Department of Defense, the intelligence community, or both;
            (2) if a cost-effective domestic commercial capability or 
        service is available as described in paragraph (1)--
                    (A) give preference to using such domestic 
                commercial capability or service to meet requirements; 
                and
                    (B) <<NOTE: Determination.>>  determine--
                          (i) whether it is in the national interest to 
                      develop a governmental space system or service for 
                      geospatial intelligence;
                          (ii) whether such a governmental space system 
                      or service would be duplicative to such a domestic 
                      commercial capability or service; and
                          (iii) the costs for developing such a 
                      governmental space system or service; and
            (3) <<NOTE: Determination.>>  include, as part of the 
        established acquisition reporting requirements to the 
        appropriate congressional committees, any determination made 
        under paragraphs (1) and (2).

    (c) Definitions.--In this section:
            (1) The term ``acquisition of commercial satellite imagery'' 
        means the acquisition of satellite imagery derived from electro-

[[Page 134 STAT. 4050]]

        optical, infrared, synthetic aperture radar, hyperspectral, and 
        radio frequency, data.
            (2) The term ``appropriate congressional committees'' 
        means--
                    (A) the congressional defense committees;
                    (B) the Select Committee on Intelligence of the 
                Senate; and
                    (C) the Permanent Select Committee on Intelligence 
                of the House of Representatives.
            (3) The term ``commercial geospatial-intelligence services'' 
        means services including analytic tools, products, or data that 
        can describe, assess, and visually depict natural or manmade 
        features, objects, or activities that can be geographically 
        referenced on the Earth, regardless of collection phenomenology.
            (4) 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. 1613. <<NOTE: Deadlines. Consultations.>>  STRATEGY TO 
                          STRENGTHEN CIVIL AND NATIONAL SECURITY 
                          CAPABILITIES AND OPERATIONS IN SPACE.

    (a) <<NOTE: President.>>  Strategy Required.--Not later than 270 
days after the date of the enactment of this Act, the President, in 
consultation with the National Space Council, shall develop a strategy 
to ensure that the United States, as appropriate, strengthens civil and 
national security capabilities and operations in space. Such strategy 
shall include--
            (1) <<NOTE: Time period.>>  a 10-year roadmap for the civil 
        space and programs that is able to leverage commercial gains in 
        space capabilities;
            (2) increasing partnerships with allies of the United 
        States;
            (3) ensuring a robust and secure supply chain and 
        manufacturing processes for space capabilities while sustaining 
        a skilled workforce and leadership capabilities in support of 
        such activities;
            (4) ensuring freedom of navigation of space from potential 
        adversaries; and
            (5) enhancing resilience of civil and national security 
        space operations.

    (b) Submission of Strategy and Plan.--Not later than one year after 
the date of the enactment of this Act, the Chair of the National Space 
Council, in consultation with relevant departments and agencies of the 
Federal Government, shall submit to the appropriate congressional 
committees a report setting forth--
            (1) the strategy under subsection (a); and
            (2) a plan to implement such strategy.

    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services of the House of 
        Representatives;
            (2) the Committee on Science, Space, and Technology of the 
        House of Representatives;
            (3) the Committee on Foreign Affairs of the House of 
        Representatives;
            (4) the Committee on Energy and Commerce of the House of 
        Representatives;
            (5) the Permanent Select Committee on Intelligence of the 
        House of Representatives;

[[Page 134 STAT. 4051]]

            (6) the Committee on Armed Services of the Senate;
            (7) the Committee on Foreign Relations of the Senate;
            (8) the Committee on Commerce, Science, and Transportation 
        of the Senate; and
            (9) the Select Committee on Intelligence of the Senate.
SEC. 1614. REPORT AND STRATEGY ON SPACE COMPETITION WITH CHINA.

    (a) <<NOTE: Assessments.>>  Report.--
            (1) In general.--Not later than 18 months after the date of 
        the enactment of this Act, the National Space Council shall 
        submit to the appropriate congressional committees an 
        interagency assessment of the ability of the United States to 
        compete with the space programs of China.
            (2) Elements.--The report under paragraph (1) shall include 
        the following:
                    (A) A comparative assessment between the United 
                States and China on--
                          (i) human exploration and spaceflight 
                      capabilities;
                          (ii) the viability and potential environmental 
                      impacts of extraction of space-based precious 
                      minerals, onsite exploitation of space-based 
                      natural resources, and the use of space-based 
                      solar power;
                          (iii) the strategic interest in and 
                      capabilities for cislunar space; and
                          (iv) current and future space launch 
                      capabilities.
                    (B) The extent of foreign investment in the 
                commercial space sector of the United States, including 
                venture capital and other private equity investments 
                that seek to work with the Federal Government, and a 
                description of due diligence reviews of such investments 
                conducted by the Federal Government to mitigate threats 
                by China.
                    (C) An assessment of the ability, role, costs, and 
                authorities of the Department of Defense to mitigate the 
                threats of commercial communications and navigation in 
                space from the growing counterspace capabilities of 
                China.
                    (D) An assessment of how the activities of China are 
                impacting the national security of the United States 
                with respect to space, including--
                          (i) theft of United States intellectual 
                      property; and
                          (ii) efforts by China to seize control of 
                      critical elements of the United States space 
                      industry supply chain and United States space 
                      industry companies.
                    (E) An assessment of efforts by China to pursue 
                cooperative agreements with other nations to advance 
                space development.
                    (F) <<NOTE: Recommenda- tions.>>  Recommendations to 
                Congress, including recommendations with respect to any 
                legislative proposals to address threats by China to the 
                United States national space programs and the domestic 
                commercial launch and satellite industries.
            (3) <<NOTE: Classified information.>>  Form.--The report 
        required under paragraph (1) shall be submitted in unclassified 
        form, but may include a classified annex.

    (b) Strategy.--
            (1) In <<NOTE: Deadline. President. Consultation.>>  
        general.--Not later than one year after the date on which the 
        National Space Council submits the report under

[[Page 134 STAT. 4052]]

        subsection (a), the President, in consultation with the National 
        Space Council, shall develop and submit to the appropriate 
        congressional committees a strategy to ensure the United States 
        can--
                    (A) compete with other national space programs;
                    (B) maintain leadership in the emerging commercial 
                space economy;
                    (C) identify market, regulatory, and other means to 
                address unfair competition from China based on the 
                findings of the report under subsection (a);
                    (D) leverage commercial space capabilities to ensure 
                the national security of the United States and the 
                security of the interests of the United States in space;
                    (E) protect the supply chains and manufacturing of 
                the United States critical to competitiveness in space; 
                and
                    (F) <<NOTE: Coordination.>>  coordinate with 
                international allies and partners in space.
            (2) <<NOTE: Classified information.>>  Form.--The strategy 
        required under paragraph (1) shall be submitted in unclassified 
        form, but may include a classified annex.

    (c) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the Committee on Armed Services, the Committee on 
        Foreign Relations, and the Committee on Commerce, Science, and 
        Transportation of the Senate; and
            (2) the Committee on Armed Services, the Committee on 
        Foreign Affairs, and the Committee on Science, Space, and 
        Technology of the House of Representatives.

  Subtitle B--Defense Intelligence and Intelligence-Related Activities

SEC. 1621. SAFETY OF NAVIGATION MISSION OF THE NATIONAL 
                          GEOSPATIAL-INTELLIGENCE AGENCY.

    (a) Mission of National Geospatial-Intelligence Agency.--Section 442 
of title 10, United States Code, is amended--
            (1) in subsection (b)--
                    (A) by striking ``means of navigating vessels of the 
                Navy and the merchant marine'' and inserting ``the means 
                for safe navigation''; and
                    (B) by striking ``and inexpensive nautical charts'' 
                and all that follows and inserting ``geospatial 
                information for use by the departments and agencies of 
                the United States, the merchant marine, and navigators 
                generally.'';
            (2) in subsection (c)--
                    (A) by striking ``shall prepare and'' and inserting 
                ``shall acquire, prepare, and'';
                    (B) by striking ``charts'' and inserting ``safe-for-
                navigation charts and datasets''; and
                    (C) by striking ``geodetic'' and inserting 
                ``geomatics''; and
            (3) by adding at the end the following new subsection:

    ``(f) Validation.--The National Geospatial-Intelligence Agency shall 
assist the Joint Chiefs of Staff, combatant commands, and

[[Page 134 STAT. 4053]]

the military departments in establishing, coordinating, consolidating, 
and validating mapping, charting, geomatics data, and safety of 
navigation capability requirements through a formal process governed by 
the Joint Staff. Consistent with validated requirements, the National 
Geospatial-Intelligence Agency shall provide aeronautical and nautical 
charts that are safe for navigation, maps, books, datasets, models, and 
geomatics products.''.
    (b) Maps, Charts, and Books.--
            (1) In general.--Section 451 of title 10, United States 
        Code, is amended--
                    (A) in the heading, by striking ``and books'' and 
                inserting ``books, and datasets'';
                    (B) in paragraph (1), by striking ``maps, charts, 
                and nautical books'' and inserting ``nautical and 
                aeronautical charts, topographic and geomatics maps, 
                books, models, and datasets''; and
                    (C) by amending paragraph (2) to read as follows:
            ``(2) acquire (by purchase, lease, license, or barter) all 
        necessary rights, including copyrights and other intellectual 
        property rights, required to prepare, publish, and furnish to 
        navigators the products described in paragraph (1).''.
            (2) <<NOTE: 10 USC 451 prec.>>  Clerical amendment.--The 
        table of sections at the beginning of subchapter II of chapter 
        22 of title 10, United States Code, is amended by striking the 
        item relating to section 451 and inserting the following new 
        item:

``451. Maps, charts, books, and datasets.''.

    (c) Exchange.--
            (1) In general.--Section 454 of title 10, United States 
        Code, is amended--
                    (A) in the heading, by striking ``geodetic'' and 
                inserting ``geomatics''; and
                    (B) by striking ``geodetic'' and inserting 
                ``geomatics'' each place it appears.
            (2) <<NOTE: 10 USC 451 prec.>>  Clerical amendment.--The 
        table of sections at the beginning of subchapter II of chapter 
        22 of title 10, United States Code, is amended by striking the 
        item relating to section 454 and inserting the following new 
        item:

``454. Exchange of mapping, charting, and geomatics data with foreign 
           countries, international organizations, nongovernmental 
           organizations, and academic institutions.''.

    (d) Public Availability.--
            (1) In general.--Section 455 of title 10, United States 
        Code, is amended--
                    (A) in the heading, by striking ``geodetic'' and 
                inserting ``geomatics''; and
                    (B) by striking ``geodetic'' and inserting 
                ``geomatics'' each place it appears.
            (2) <<NOTE: 10 USC 451 prec.>>  Clerical amendment.--The 
        table of sections at the beginning of subchapter II of chapter 
        22 of title 10, United States Code, is amended by striking the 
        item relating to section 455 and inserting the following new 
        item:

``455. Maps, charts, and geomatics data: public availability; 
           exceptions.''.

    (e) Civil Actions Barred.--Section 456 of title 10, United States 
Code, is amended by striking subsections (a) and (b) and inserting the 
following:

[[Page 134 STAT. 4054]]

    ``No civil action may be brought against the United States on the 
basis of the content of geospatial information prepared or disseminated 
by the National Geospatial-Intelligence Agency.''.
    (f) Definitions.--Section 467 of title 10, United States Code, is 
amended--
            (1) in paragraph (4)--
                    (A) in the matter preceding subparagraph (A), by 
                inserting ``or about'' after ``boundaries on'';
                    (B) in subparagraph (A), by striking 
                ``statistical''; and
                    (C) in subparagraph (B)--
                          (i) by striking ``geodetic'' and inserting 
                      ``geomatics''; and
                          (ii) by inserting ``and services'' after 
                      ``products''; and
            (2) in paragraph (5), by inserting ``or about'' after 
        ``activities on''.

    (g) Conforming Amendments.--
            (1) <<NOTE: 10 USC 451 prec.>>  In general.--The heading of 
        subchapter II of chapter 22 of title 10, United States Code, is 
        amended by striking ``GEODETIC'' and inserting ``GEOMATICS''.
            (2) <<NOTE: 10 USC 441 prec.>>  Clerical amendment.--The 
        table of subchapters at the beginning of chapter 22 of title 10, 
        United States Code, is amended in the matter relating to 
        subchapter II by striking ``Geodetic'' and inserting 
        ``Geomatics''.
SEC. 1622. NATIONAL ACADEMIES CLIMATE SECURITY ROUNDTABLE.

    (a) <<NOTE: Coordination. Contracts.>>  In General.--The Director of 
National Intelligence, in coordination with the Under Secretary of 
Defense for Intelligence and Security, shall enter into a joint 
agreement with the Academies to create a new ``National Academies 
Climate Security Roundtable'' (in this section referred to as the 
``roundtable'').

    (b) Participants.--The roundtable shall include--
            (1) the members of the Climate Security Advisory Council 
        established under section 120 of the National Security Act of 
        1947 (50 U.S.C. 3060);
            (2) senior representatives and practitioners from Federal 
        science agencies, elements of the intelligence community, and 
        the Department of Defense, who are not members of the Council; 
        and
            (3) key stakeholders in the United States scientific 
        enterprise, including institutions of higher education, Federal 
        research laboratories (including the national security 
        laboratories), industry, and nonprofit research organizations.

    (c) Purpose.--The purpose of the roundtable is--
            (1) to support the duties and responsibilities of the 
        Climate Security Advisory Council under section 120(c) of the 
        National Security Act of 1947 (50 U.S.C. 3060(c));
            (2) to develop best practices for the exchange of data, 
        knowledge, and expertise among elements of the intelligence 
        community, elements of the Federal Government that are not 
        elements of the intelligence community, and non-Federal 
        researchers;
            (3) to facilitate dialogue and collaboration about relevant 
        collection and analytic priorities among participants of the 
        roundtable with respect to climate security;
            (4) to identify relevant gaps in the exchange of data, 
        knowledge, or expertise among participants of the roundtable 
        with

[[Page 134 STAT. 4055]]

        respect to climate security, and consider viable solutions to 
        address such gaps; and
            (5) <<NOTE: Determination.>>  to provide any other 
        assistance, resources, or capabilities that the Director of 
        National Intelligence or the Under Secretary determines 
        necessary with respect to the Council carrying out the duties 
        and responsibilities of the Council under such section 120(c).

    (d) Meetings.--The roundtable shall meet at least quarterly, in 
coordination with the meetings of the Climate Security Advisory Council 
under section 120(c)(1) of the National Security Act of 1947 (50 U.S.C. 
3060(c)(1)).
    (e) Reports and Briefings.--The joint agreement under subsection (a) 
shall specify that--
            (1) the roundtable shall organize workshops, on at least a 
        biannual basis, that include both participants of the roundtable 
        and persons who are not participants, and may be conducted in 
        classified or unclassified form in accordance with subsection 
        (f);
            (2) on a regular basis, the roundtable shall produce 
        classified and unclassified reports on the topics described in 
        subsection (c) and the activities of the roundtable, and other 
        documents in support of the duties and responsibilities of the 
        Climate Security Advisory Council under section 120(c) of the 
        National Security Act of 1947 (50 U.S.C. 3060(c));
            (3) <<NOTE: Recommenda- tions.>>  the Academies shall 
        provide recommendations by consensus to the Council on both the 
        topics described in subsection (c) and specific topics as 
        identified by participants of the roundtable;
            (4) <<NOTE: Deadline.>>  not later than March 1, 2021, and 
        annually thereafter during the life of the roundtable, the 
        Academies shall provide a briefing to the appropriate 
        congressional committees on the progress and activities of the 
        roundtable; and
            (5) not later than September 30, 2025, the Academies shall 
        submit a final report to the appropriate congressional 
        committees on the activities of the roundtable.

    (f) Security Clearances.--Each participant of the roundtable shall 
have a security clearance at the appropriate level to carry out the 
duties of the participant under this section. A person who is not a 
participant who attends a workshop under subsection (e)(1) is not 
required to have a security clearance, and the roundtable shall ensure 
that any such workshop is held at the appropriate classified or 
unclassified level.
    (g) Termination.--The roundtable shall terminate on September 30, 
2025.
    (h) Definitions.--In this section:
            (1) The term ``Academies'' means the National Academies of 
        Sciences, Engineering, and Medicine.
            (2) The term ``appropriate congressional committees'' 
        means--
                    (A) the Committee on Science, Space, and Technology, 
                the Committee on Armed Services, the Committee on 
                Foreign Affairs, and the Permanent Select Committee on 
                Intelligence of the House of Representatives; and
                    (B) the Committee on Commerce, Science, and 
                Transportation, the Committee on Armed Services, the 
                Committee on Foreign Relations, and the Select Committee 
                on Intelligence of the Senate.

[[Page 134 STAT. 4056]]

            (3) The term ``Federal science agency'' means any agency or 
        department of the Federal Government with at least $100,000,000 
        in basic and applied research obligations in fiscal year 2019.
            (4) The term ``intelligence community'' has the meaning 
        given that term in section 3 of the National Security Act of 
        1947 (50 U.S.C. 3003).
            (5) The term ``national security laboratory'' has the 
        meaning given the term in section 4002 of the Atomic Energy 
        Defense Act (50 U.S.C. 2501).
SEC. 1623. <<NOTE: 50 USC 3161 note.>>  EFFICIENT USE OF SENSITIVE 
                          COMPARTMENTED INFORMATION FACILITIES.

     Not <<NOTE: Deadline. Consultation.>>  later than 180 days after 
the date of the enactment of this Act, the Director of National 
Intelligence, in consultation with the Secretary of Defense, shall issue 
revised guidance authorizing and directing departments and agencies of 
the Federal Government and appropriately cleared contractors of such 
departments and agencies to process, store, use, and discuss sensitive 
compartmented information at facilities previously approved to handle 
such information, without need for further approval by the department or 
agency or by the site. <<NOTE: Applicability.>> Such guidance shall 
apply to controlled access programs of the intelligence community and to 
special access programs of the Department of Defense.

                       Subtitle C--Nuclear Forces

SEC. 1631. SEMIANNUAL UPDATES ON MEETINGS HELD BY NUCLEAR WEAPONS 
                          COUNCIL; LIMITATION ON AVAILABILITY OF 
                          FUNDS RELATING TO SUCH UPDATES.

    (a) Semiannual Updates.--Section 179(g) of title 10, United States 
Code, is amended to read as follows:
    ``(g) <<NOTE: Deadlines. Time period.>>  Semiannual Updates on 
Council Meetings.--(1) Not later than February 1 and August 1 of each 
year, the Council shall provide to the congressional defense committees 
a semiannual update including, with respect to the six-month period 
preceding the update--
            ``(A) the dates on which the Council met; and
            ``(B) except as provided by paragraph (2), a summary of any 
        decisions made by the Council pursuant to subsection (d) at each 
        such meeting and the rationale for and options that informed 
        such decisions.

    ``(2) The Council shall not be required to include in a semiannual 
update under paragraph (1) the matters described in subparagraph (B) of 
that paragraph with respect to decisions of the Council relating to the 
budget of the President for a fiscal year if the budget for that fiscal 
year has not been submitted to Congress under section 1105 of title 31 
as of the date of the semiannual update.
    ``(3) The Council may provide a semiannual update under paragraph 
(1) either in the form of a briefing or a written report.''.
    (b) Limitation on Use of Funds for Failure to Provide Semiannual 
Updates in 2021.--
            (1) <<NOTE: Deadline.>>  First semiannual update.--If, by 
        February 1, 2021, the Council has not provided the semiannual 
        update under subsection (g) of section 179 of title 10, United 
        States Code,

[[Page 134 STAT. 4057]]

        as amended by subsection (a), required by that date, not more 
        than 50 percent of the funds authorized to be appropriated for 
        fiscal year 2021 for the Office of the Under Secretary of 
        Defense for Acquisition and Sustainment for the purposes of 
        operating the Office of the Assistant Secretary of Defense for 
        Nuclear, Chemical, and Biological Defense Programs may be 
        obligated or expended until the date on which such semiannual 
        update has been provided.
            (2) <<NOTE: Deadline.>>  Second semiannual update.--If, by 
        August 1, 2021, the Council has not provided the semiannual 
        update described in paragraph (1) required by that date, not 
        more than 90 percent of the funds authorized to be appropriated 
        for fiscal year 2021 for the Office of the Under Secretary of 
        Defense for Acquisition and Sustainment for the purposes of 
        operating the Office of the Assistant Secretary of Defense for 
        Nuclear, Chemical, and Biological Defense Programs may be 
        obligated or expended until the date on which such semiannual 
        update has been provided.
SEC. 1632. ROLE OF NUCLEAR WEAPONS COUNCIL WITH RESPECT TO 
                          PERFORMANCE REQUIREMENTS AND BUDGET FOR 
                          NUCLEAR WEAPONS PROGRAMS.

    (a) Modification to Responsibilities of Nuclear Weapons Council.--
Section 179(d) of title 10, United States Code, is amended--
            (1) by redesignating paragraphs (9) through (11) as 
        paragraphs (10) through (12), respectively; and
            (2) by inserting after paragraph (8) the following new 
        paragraph (9):
            ``(9) Reviewing proposed capabilities, and establishing and 
        validating performance requirements (as defined in section 
        181(h) of this title), for nuclear warhead programs.''.

    (b) Review of Adequacy of Nuclear Weapons Budget.--
            (1) In general.--Subtitle A of title XVII of the Atomic 
        Energy Defense Act (50 U.S.C. 2741 et seq.) is amended by adding 
        at the end the following new section:
``SEC. <<NOTE: 50 USC 2757.>>  4717. REVIEW OF ADEQUACY OF NUCLEAR 
                          WEAPONS BUDGET.

    ``(a) Review of Adequacy of Administration Budget by Nuclear Weapons 
Council.--
            ``(1) Transmission to council.--The Secretary of Energy 
        shall transmit to the Nuclear Weapons Council (in this section 
        referred to as the `Council') a copy of the proposed budget 
        request of the Administration for each fiscal year before that 
        budget request is submitted to the Director of the Office of 
        Management and Budget in relation to the preparation of the 
        budget of the President to be submitted to Congress under 
        section 1105(a) of title 31, United States Code.
            ``(2) Review and determination of adequacy.--
                    ``(A) Review.--The Council shall review each budget 
                request transmitted to the Council under paragraph (1).
                    ``(B) Determination of adequacy.--
                          ``(i) Inadequate requests.--If the Council 
                      determines that a budget request for a fiscal year 
                      transmitted to the Council under paragraph (1) is 
                      inadequate, in whole or in part, to implement the 
                      objectives of the Department of Defense with 
                      respect to nuclear weapons for that fiscal year, 
                      the Council shall submit

[[Page 134 STAT. 4058]]

                      to the Secretary of Energy a written description 
                      of funding levels and specific initiatives that 
                      would, in the determination of the Council, make 
                      the budget request adequate to implement those 
                      objectives.
                          ``(ii) <<NOTE: Determination.>>  Adequate 
                      requests.--If the Council determines that a budget 
                      request for a fiscal year transmitted to the 
                      Council under paragraph (1) is adequate to 
                      implement the objectives described in clause (i) 
                      for that fiscal year, the Council shall submit to 
                      the Secretary of Energy a written statement 
                      confirming the adequacy of the request.
                          ``(iii) Records.--The Council shall maintain a 
                      record of each description submitted under clause 
                      (i) and each statement submitted under clause 
                      (ii).
            ``(3) Department of energy response.--
                    ``(A) <<NOTE: Appendix.>>  In general.--If the 
                Council submits to the Secretary of Energy a written 
                description under paragraph (2)(B)(i) with respect to 
                the budget request of the Administration for a fiscal 
                year, the Secretary shall include as an appendix to the 
                budget request submitted to the Director of the Office 
                of Management and Budget--
                          ``(i) the funding levels and initiatives 
                      identified in the description under paragraph 
                      (2)(B)(i); and
                          ``(ii) any additional comments the Secretary 
                      considers appropriate.
                    ``(B) Transmission to congress.--The Secretary of 
                Energy shall transmit to Congress, with the budget 
                justification materials submitted in support of the 
                Department of Energy budget for a fiscal year (as 
                submitted with the budget of the President under section 
                1105(a) of title 31, United States Code), a copy of the 
                appendix described in subparagraph (A).

    ``(b) Review and Certification of Department of Energy Budget by 
Nuclear Weapons Council.--
            ``(1) In general.--At the time the Secretary of Energy 
        submits the budget request of the Department of Energy for that 
        fiscal year to the Director of the Office of Management and 
        Budget in relation to the preparation of the budget of the 
        President, the Secretary shall transmit a copy of the budget 
        request of the Department to the Council.
            ``(2) Certification.--The Council shall--
                    ``(A) <<NOTE: Review.>>  review the budget request 
                transmitted to the Council under paragraph (1);
                    ``(B) <<NOTE: Determination.>>  based on the review 
                under subparagraph (A), make a determination with 
                respect to whether the budget request includes the 
                funding levels and initiatives described in subsection 
                (a)(2)(B)(i); and
                    ``(C) submit to Congress--
                          ``(i)(I) a certification that the budget 
                      request is adequate to implement the objectives 
                      described in subsection (a)(2)(B)(i); or
                          ``(II) a statement that the budget request is 
                      not adequate to implement those objectives; and
                          ``(ii) <<NOTE: Records.>>  a copy of the 
                      written description submitted by the Council to 
                      the Secretary under subsection (a)(2)(B)(i), if 
                      any.''.

[[Page 134 STAT. 4059]]

            (2) Clerical amendment.--The table of contents for the 
        Atomic Energy Defense Act is amended by inserting after the item 
        relating to section 4716 the following new item:

``Sec. 4717. Review of adequacy of nuclear weapons budget.''.

SEC. 1633. MODIFICATION OF GOVERNMENT ACCOUNTABILITY OFFICE REVIEW 
                          OF ANNUAL REPORTS ON NUCLEAR WEAPONS 
                          ENTERPRISE.

    Section 492a(c) of title 10, United States Code, is amended--
            (1) in paragraph (1), by striking ``review each report'' and 
        inserting ``periodically review reports submitted''; and
            (2) in paragraph (2), by striking ``not later'' and all that 
        follows through ``submitted,''.
SEC. 1634. <<NOTE: Deadlines.>>  INDEPENDENT STUDY ON NUCLEAR 
                          WEAPONS PROGRAMS OF CERTAIN FOREIGN 
                          COUNTRIES.

    (a) <<NOTE: Contracts.>>  Study.--Not later than March 1, 2021, 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.

    (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 documents, regarding 
        the nuclear weapons program.
            (2) The known research and development activities with 
        respect to nuclear weapons.
            (3) The inventories of nuclear weapons and delivery vehicles 
        with respect to both deployed and nondeployed weapons.
            (4) The capabilities of such nuclear weapons and delivery 
        vehicles.
            (5) The physical sites used for nuclear processing, testing, 
        and weapons integration.
            (6) The human capital of the scientific and technical 
        workforce involved in nuclear programs, including with respect 
        to matters relating to the education, knowledge, and technical 
        capabilities of that workforce.
            (7) The known deployment areas for nuclear weapons.
            (8) Information with respect to the nuclear command and 
        control system.
            (9) The factors and motivations driving the nuclear 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.--The federally funded research and 
development center shall submit to the Secretary--
            (1) not later than March 1, 2022, the study under subsection 
        (a); and
            (2) not later than March 1, 2023, and March 1, 2024, any 
        updates to the study.

    (d) Submission to Congress.--Not later than 30 days after the date 
on which the Secretary receives under subsection (c) the study under 
subsection (a) or an update to the study, the Secretary shall submit to 
the appropriate congressional committees the study or update, without 
change.

[[Page 134 STAT. 4060]]

    (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
            (2) provides on an ongoing basis commentaries, analyses, 
        updates, and other information regarding the nuclear weapons 
        programs of covered foreign countries.

    (f) Form.--The study under subsection (a) shall be submitted 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 coordination with the 
        Director of National Intelligence, shall'' and inserting ``Not 
        later than February 15, 2020, and each year thereafter through 
        2023, the Secretary of Defense and the Director of National 
        Intelligence shall jointly''; and
            (2) in subsection (b), by adding at the end the following 
        new paragraph:
            ``(4) With respect to the current and planned nuclear 
        systems specified in paragraphs (1) through (3), the factors and 
        motivations driving the development and deployment of the 
        systems.''.

    (h) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' 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) Covered foreign country.--The term ``covered foreign 
        country'' means each of the following:
                    (A) North Korea.
                    (B) The People's Republic of China.
                    (C) The Russian Federation.
                    (D) To the extent applicable, Iran.
            (3) Open-source data.--The term ``open-source data'' 
        includes data derived from, found in, or related to any of the 
        following:
                    (A) Geospatial information.
                    (B) Seismic sensors.
                    (C) Commercial data.
                    (D) Public government information.
                    (E) Academic journals and conference proceedings.
                    (F) Media reports.
                    (G) Social media.
SEC. 1635. PROHIBITION ON REDUCTION OF THE INTERCONTINENTAL 
                          BALLISTIC MISSILES OF THE UNITED STATES.

    (a) Prohibition.--Except as provided in subsection (b), none of the 
funds authorized to be appropriated by this Act for fiscal

[[Page 134 STAT. 4061]]

year 2021 for the Department of Defense may be obligated or expended for 
the following, and the Department may not otherwise take any action to 
do the following:
            (1) Reduce, or prepare to reduce, the responsiveness or 
        alert level of the intercontinental ballistic missiles of the 
        United States.
            (2) Reduce, or prepare to reduce, the quantity of deployed 
        intercontinental ballistic missiles of the United States to a 
        number less than 400.

    (b) Exception.--The prohibition in subsection (a) shall not apply to 
any of the following activities:
            (1) The maintenance or sustainment of intercontinental 
        ballistic missiles.
            (2) Ensuring the safety, security, or reliability of 
        intercontinental ballistic missiles.

                  Subtitle D--Missile Defense Programs

SEC. 1641. ALIGNMENT OF THE MISSILE DEFENSE AGENCY WITHIN THE 
                          DEPARTMENT OF DEFENSE.

    (a) Repeal of Requirement for Reporting Structure of Missile Defense 
Agency.--Section 205 of title 10, United States Code, is amended to read 
as follows:
``Sec. 205. Missile Defense Agency

    ``The Director of the Missile Defense Agency shall be appointed for 
a six-year term.''.
    (b) Report on Alignment.--Not later than February 28, 2021, the 
Secretary of Defense shall submit to the congressional defense 
committees a report on the alignment of the Missile Defense Agency 
within the Department of Defense. The report shall include--
            (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 Engineering; 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 actions that 
        would need to be taken to realign the Agency 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.

    (c) Notice and Wait Requirement to Modify Certain DoDI.--The 
Secretary of Defense may not modify Department of Defense Directive 
5134.09, as in effect on the date of the enactment of this Act, unless--
            (1) the Secretary submits to the congressional defense 
        committees a final draft of the proposed modified directive, 
        both in an electronic format and in a hard copy format;
            (2) <<NOTE: Briefing.>>  the Secretary provides to such 
        committees a briefing to describe the modifications made in the 
        proposed modified directive; and
            (3) <<NOTE: Time period.>>  a period of 60 days has elapsed 
        following the date on which the Secretary has carried out both 
        paragraphs (1) and (2).

[[Page 134 STAT. 4062]]

    (d) <<NOTE: Assessment.>>  Comptroller General Report.--Not later 
than 180 days after the date of the enactment of this Act, the 
Comptroller General of the United States shall submit to the 
congressional defense committees a report containing an assessment of 
whether the Secretary of Defense is in compliance with section 1688 of 
the National Defense Authorization Act for Fiscal Year 2020 (Public Law 
116-92; 133 Stat. 1787). <<NOTE: Assessment.>>  Such assessment shall 
include an evaluation of--
            (1) whether the Secretary has complied with the timelines 
        required by subsection (b) of such section and whether the 
        Secretary has carried out the consultation described in 
        paragraph (1)(A) of such subsection; and
            (2) how the changes proposed by the Secretary to the non-
        standard acquisition processes and responsibilities described in 
        paragraph (2) of such subsection will improve or impact the 
        development of weapon systems and timelines for the delivery of 
        capabilities to members of the Armed Forces.
SEC. 1642. EXTENSION OF PROHIBITION RELATING TO MISSILE DEFENSE 
                          INFORMATION AND SYSTEMS.

    Section 130h(e) of title 10, United States Code, is amended by 
striking ``January 1, 2021'' and inserting ``January 1, 2026''.
SEC. 1643. EXTENSION OF TRANSITION OF BALLISTIC MISSILE DEFENSE 
                          PROGRAMS TO MILITARY DEPARTMENTS.

    Section 1676(b)(1) of the National Defense Authorization Act for 
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2431 note) is amended by 
striking ``2021'' and inserting ``2023''.
SEC. 1644. EXTENSION OF REQUIREMENT FOR COMPTROLLER GENERAL REVIEW 
                          AND ASSESSMENT OF MISSILE DEFENSE 
                          ACQUISITION PROGRAMS.

    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'';
            (2) in paragraph (2)--
                    (A) by striking ``through 2021'' and inserting 
                ``through 2026''; and
                    (B) by striking ``year. Each'' and all that follows 
                through ``appropriate.'' and inserting the following: 
                ``year, which shall include such findings and 
                recommendations as the Comptroller General considers 
                appropriate.''; and
            (3) by adding at the end the following new paragraph:
            ``(3) <<NOTE: Determination. Consultation.>>  Review of 
        emerging issues.--In carrying out this subsection, as the 
        Comptroller General determines is warranted, the Comptroller 
        General shall review emerging issues and, in consultation with 
        the congressional defense committees, brief such committees or 
        submit to such committees a report on the findings of the 
        Comptroller General with respect to such review.''.
SEC. 1645. DEVELOPMENT OF HYPERSONIC AND BALLISTIC MISSILE 
                          TRACKING SPACE SENSOR PAYLOAD.

    (a) Development.--The Director of the Missile Defense Agency, in 
coordination with the Director of the Space Development Agency

[[Page 134 STAT. 4063]]

and the Chief of Space Operations, shall develop and procure a 
hypersonic and ballistic missile tracking space sensor payload.
    (b) Primary Responsibility.--
            (1) <<NOTE: Deadline.>>  Assignment.--Not later than 15 days 
        after the date of the enactment of this Act, the Secretary of 
        Defense shall, without delegation--
                    (A) assign the Director of the Missile Defense 
                Agency with the principal responsibility for the 
                development and procurement of a hypersonic and 
                ballistic tracking space sensor payload pursuant to 
                subsection (a) as a component of a proliferated low-
                Earth orbit satellite constellation through, at minimum, 
                fiscal year 2022; and
                    (B) <<NOTE: Certification.>>  submit to the 
                congressional defense committees a certification of such 
                assignment.
            (2) <<NOTE: Deadline.>>  Plan for integration.--Not later 
        than May 1, 2021, the Secretary shall submit to the 
        congressional defense committees a plan for integrating the 
        hypersonic and ballistic tracking space sensor payload developed 
        by the Missile Defense Agency pursuant to subsection (a) into 
        the persistent space-based sensor architecture of the Space 
        Development Agency and the Space Force. The plan shall include, 
        at a minimum, options for--
                    (A) minimizing disruption to the program for such 
                space sensor payload;
                    (B) ensuring sufficient funding for such an 
                integration;
                    (C) maintaining prioritization of unique ballistic 
                and hypersonic defense requirements for such space 
                sensor payload through the transition;
                    (D) ensuring connection of such space sensor payload 
                into the overall missile defense command and control, 
                battle management, and communications system; and
                    (E) addressing any impacts to the development and 
                deployment of such space sensor payload if 
                responsibility for the proliferated low-Earth orbit 
                satellite constellation specified in paragraph (1)(A) is 
                transitioned from the Space Development Agency to the 
                Space Force prior to the constellation achieving full 
                operational capability.

    (c) <<NOTE: Coordination.>>  Timeline for Testing, Integration, and 
Deployment.--The Director, in coordination with the Director of the 
Space Development Agency and the Chief of Space Operations, shall--
            (1) <<NOTE: Deadline.>>  begin on-orbit testing of the 
        hypersonic and ballistic tracking space sensor payload developed 
        pursuant to subsection (a) no later than December 31, 2023; and
            (2) begin integration of such sensor payload into the 
        persistent space-based sensor architecture of the Space 
        Development Agency and the Space Force pursuant to the plan 
        developed under subsection (b)(2), and shall achieve full 
        operational deployment of such sensor payload, as soon as 
        technically feasible thereafter.

    (d) Annual Certifications.--On an annual basis until the date on 
which the hypersonic and ballistic tracking space sensor payload 
developed under subsection (a) achieves full operational capability--
            (1) <<NOTE: Estimates.>>  the Under Secretary of Defense 
        (Comptroller) and the Director of Cost Assessment and Program 
        Evaluation shall jointly certify to the appropriate 
        congressional committees that the most recent future-years 
        defense program submitted under

[[Page 134 STAT. 4064]]

        section 221 of title 10, United States Code, includes estimated 
        expenditures and proposed appropriations in amounts necessary to 
        ensure the development and deployment of such space sensor 
        payload as a component of the persistent space-based sensor 
        architecture of the Space Development Agency and the Space 
        Force; and
            (2) the Vice Chairman of the Joint Chiefs of Staff, acting 
        through the Joint Requirements Oversight Council, shall certify 
        to the appropriate congressional committees that both the 
        ballistic and hypersonic tracking requirements of, and the 
        timeline to deploy, such space sensor payload have been 
        validated.

    (e) Limitation.--Of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2021 for operation and 
maintenance, Defense-wide, for the Office of Secretary of Defense for 
travel of persons assigned to the Office of the Under Secretary of 
Defense for Research and Engineering, not more than 50 percent may be 
obligated or expended until--
            (1) the Secretary of Defense submits the certification under 
        subsection (b)(1)(B);
            (2) the Under Secretary of Defense (Comptroller) and the 
        Director of Cost Assessment and Program Evaluation jointly 
        submit the first certification under subsection (d)(1); and
            (3) the Vice Chairman submits the first certification under 
        subsection (d)(2).

    (f) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means--
            (1) the congressional defense committees; and
            (2) the Select Committee on Intelligence of the Senate and 
        the Permanent Select Committee on Intelligence of the House of 
        Representatives.

    (g) Conforming Repeal.--Section 1683 of the National Defense 
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 
2431 note) is amended by striking subsection (d).
SEC. 1646. GROUND-BASED MIDCOURSE DEFENSE INTERIM CAPABILITY.

    (a) Interim Ground-based Interceptor.--
            (1) <<NOTE: Deadline. Coordination.>>  Development.--Subject 
        to the availability of appropriations, not later than 30 days 
        after the date of the enactment of this Act, the Secretary of 
        Defense, acting through the Director of the Missile Defense 
        Agency and in coordination with the Under Secretary of Defense 
        for Acquisition and Sustainment, the Under Secretary of Defense 
        for Research and Engineering, the Commander of the United States 
        Northern Command, and the Commander of the United States 
        Strategic Command, shall commence carrying out a program to 
        develop an interim ground-based interceptor capability that 
        will--
                    (A) use sound acquisition practices;
                    (B) address the majority of current and near- to 
                mid-term projected ballistic missile threats to the 
                United States homeland from rogue nations;
                    (C) at minimum, meet the proposed capabilities of 
                the Redesigned Kill Vehicle program;
                    (D) leverage existing kill vehicle and booster 
                technology; and

[[Page 134 STAT. 4065]]

                    (E) appropriately balance interceptor performance 
                with schedule of delivery.
            (2) Capabilities and criteria.--The Director shall ensure 
        that the interim ground-based interceptor developed under 
        paragraph (1) meets, at a minimum, the following capabilities 
        and criteria:
                    (A) Vehicle-to-vehicle communications, as 
                applicable.
                    (B) Vehicle-to-ground communications.
                    (C) Kill assessment capability.
                    (D) The ability to counter advanced countermeasures, 
                decoys, and penetration aids.
                    (E) Producibility and manufacturability.
                    (F) Use of technology involving high technology 
                readiness levels.
                    (G) Options to integrate the new kill vehicle onto 
                other missile defense interceptor vehicles other than 
                the ground-based interceptors of the ground-based 
                midcourse defense system.
                    (H) Sound acquisition processes.
            (3) Deployment.--The Secretary of Defense, acting through 
        the Director of the Missile Defense Agency and in coordination 
        with the Under Secretary of Defense for Acquisition and 
        Sustainment, the Under Secretary of Defense for Research and 
        Engineering, the Commander of the United States Northern 
        Command, and the Commander of the United States Strategic 
        Command, shall--
                    (A) conduct rigorous flight testing of the interim 
                ground-based interceptor; and
                    (B) deliver 20 interim ground-based interceptors by 
                2026.

    (b) Waiver.--
            (1) Authority.--The Secretary of Defense may waive the 
        requirements under paragraphs (1) and (3) of subsection (a) if 
        the Secretary--
                    (A) <<NOTE: Determination.>>  determines that--
                          (i) the technology development is not 
                      technically feasible;
                          (ii) the interim capability development is not 
                      in the national security interest of the United 
                      States; or
                          (iii) the interim ground-based interceptor 
                      program under subsection (a)(1) cannot deliver an 
                      initial operational capability at least two years 
                      prior to the fielding of the next-generation 
                      interceptor for the ground-based midcourse defense 
                      system; and
                    (B) <<NOTE: Certification.>>  submits to the 
                congressional defense committees a certification that 
                such a waiver is necessary based on the determination 
                under subparagraph (A), including--
                          (i) an explanation of the rationale of such 
                      determination;
                          (ii) <<NOTE: Estimate.>>  an estimate of the 
                      ballistic missile threats to the United States 
                      homeland from rogue nations that will not be 
                      defended against until the fielding of the next-
                      generation interceptor for the ground-based 
                      midcourse defense system; and
                          (iii) <<NOTE: Update.>>  an updated schedule 
                      for the development and deployment of such next-
                      generation interceptor.

[[Page 134 STAT. 4066]]

            (2) Delegation.--The Secretary may not delegate the 
        authority to carry out paragraph (1) below the level of an Under 
        Secretary of Defense.

    (c) Report on Funding Profile.--Unless the Secretary makes a waiver 
under subsection (b), the Director shall include with the budget 
justification materials submitted to Congress in support of the budget 
of the Department of Defense for fiscal year 2022 (as submitted with the 
budget of the President under section 1105(a) of title 31, United States 
Code) a report on the funding profile necessary for the interim ground-
based interceptor program to meet the objectives under subsection (a).
SEC. 1647. <<NOTE: Deadlines.>>  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 requirements for such program that are established in the equivalent 
to capability development documentation, the Director of the Missile 
Defense Agency shall notify the congressional defense committees of such 
changes.
    (b) Briefing on Contract.--Not later than 14 days after the date on 
which the Director awards a contract for design, development, or both, 
of the next generation interceptor, the Director shall provide the 
congressional defense committees a briefing on such contract, including 
with respect to the cost, schedule, performance, and requirements of the 
contract.
    (c) Independent Cost Assessment and Validation.--
            (1) Assessment.--The Director of Cost Assessment and Program 
        Evaluation shall--
                    (A) conduct an independent cost assessment of the 
                next generation interceptor program; and
                    (B) make available to the Director of the Missile 
                Defense Agency, the Under Secretary of Defense for 
                Acquisition and Sustainment, and the Under Secretary of 
                Defense for Research and Engineering preliminary 
                findings of the assessment to inform the award of a 
                contract for the design, development, or both, of the 
                next generation interceptor.
            (2) Validation.--The Under Secretary of Defense for 
        Acquisition and Sustainment shall validate the preliminary 
        findings of the cost assessment conducted under paragraph (1) 
        that will be used to inform the award of a contract for the 
        design, development, or both, of 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 
        design, development, or both, of the next generation 
        interceptor, the Secretary of Defense shall submit to the 
        congressional defense committees the preliminary findings of the 
        independent cost assessment under paragraph (1) and the 
        validation under paragraph (2).

    (d) 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--

[[Page 134 STAT. 4067]]

            (1) <<NOTE: Certification.>>  certified to the congressional 
        defense committees that the Director has conducted not fewer 
        than two successful intercept flight tests of the next 
        generation interceptor; and
            (2) <<NOTE: Briefing.>>  provided to such committees a 
        briefing on the details of such tests, including with respect to 
        the operational realism of such tests.
SEC. 1648. REPORT ON AND LIMITATION ON AVAILABILITY OF FUNDS FOR 
                          LAYERED HOMELAND MISSILE DEFENSE SYSTEM.

    (a) Report.--
            (1) Requirement.--Not later than March 1, 2021, the 
        Secretary of Defense shall submit to the congressional defense 
        committees a report on the proposal for a layered homeland 
        missile defense architecture included in the budget 
        justification materials submitted to Congress in support of the 
        budget for the Department of Defense for fiscal year 2021 (as 
        submitted with the budget of the President for such fiscal year 
        under section 1105(a) of title 31, United States Code).
            (2) <<NOTE: Assessments.>>  Elements required.--The report 
        under paragraph (1) shall include the following:
                    (A) A description of the requirements for the 
                proposed layered homeland missile defense architecture 
                that are--
                          (i) based on an assessment by the intelligence 
                      community of threats to be addressed at the time 
                      of deployment of such a system; and
                          (ii) validated by the Joint Requirements 
                      Oversight Council.
                    (B) An assessment of how such requirements addressed 
                by the proposed layered homeland missile defense 
                architecture relate to those addressed by the existing 
                ground-based midcourse defense system, including 
                deployed ground-based interceptors and planned upgrades 
                to such ground-based interceptors.
                    (C) <<NOTE: Analysis.>>  An analysis of weapon 
                system and interceptor solutions to meet such 
                requirements, including the Aegis ballistic missile 
                defense system, the standard missile-3 block IIA, and 
                the terminal high altitude area defense system, with the 
                number of locations required for deployment and the 
                production numbers of such weapon systems and 
                interceptors.
                    (D) A description of any improvements needed to the 
                missile defense system command and control, battle 
                management, and communications system to support the 
                proposed layered homeland missile defense architecture.
                    (E) A description of the sensors required, with 
                respect to both sensors organic to the weapon systems 
                and the sensors needed for tracking and discrimination 
                provided through the command and control, battle 
                management, and communications system, for the proposed 
                layered homeland missile defense architecture, including 
                how the cancellation, or indefinite postponement, of the 
                discrimination radar for homeland defense planned to be 
                located in Hawaii will impact the ability of such 
                architecture to defend against current and future 
                missile threats to Hawaii, with respect to both the 
                capacity and capability of such architecture.

[[Page 134 STAT. 4068]]

                    (F) An assessment of the impact to the flights IIA 
                and III fielding and posture plans of the Navy for 
                Arleigh Burke class destroyers if at-sea standard 
                missile-3 block IIA missiles are required for the 
                proposed layered homeland missile defense architecture.
                    (G) A site-specific fielding plan that includes 
                possible locations, the number and type of interceptors 
                and radars in each location, and any associated 
                environmental or permitting considerations, including an 
                assessment of the locations evaluated pursuant to 
                section 227(b) of the National Defense Authorization Act 
                for Fiscal Year 2013 (Public Law 112-239; 126 Stat. 
                1679) for inclusion in the proposed layered homeland 
                missile defense architecture.
                    (H) Relevant policy considerations for deployment of 
                such architecture for defense against intercontinental 
                ballistic missiles in the continental United States.
                    (I) A life-cycle cost estimate and detailed 
                development, testing, production, and deployment 
                schedule for options involving a land-based standard 
                missile-3 block IIA interceptor system and the terminal 
                high altitude area defense system, including required 
                environmental assessments.
                    (J) A feasibility assessment of the necessary 
                modifications to the terminal high altitude area defense 
                system to address such requirements.
                    (K) An assessment of the industrial base capacity to 
                support additional production of either a land-based 
                standard missile-3 block IIA interceptor system or the 
                terminal high altitude area defense system.
                    (L) An assessment of the manning, training, and 
                sustainment needed to operationally support the proposed 
                layered homeland missile defense architecture.
            (3) Consultation.--In preparing the report required under 
        paragraph (1), the Secretary shall consult with each of the 
        following:
                    (A) The Under Secretary of Defense for Policy.
                    (B) The Under Secretary of Defense for Acquisition 
                and Sustainment.
                    (C) The Vice Chairman of the Joint Chiefs of Staff, 
                as the Chair of the Joint Requirements Oversight 
                Council.
                    (D) The Commander of the United States Strategic 
                Command.
                    (E) The Commander of the United States Northern 
                Command.
                    (F) The Director of the Missile Defense Agency.
                    (G) The Director of Cost Assessment and Program 
                Evaluation.

    (b) Limitation on Use of Funds.--Of the amounts authorized to be 
appropriated by this Act or otherwise made available for fiscal year 
2021 for the Missile Defense Agency for a layered homeland missile 
defense system, not more than 50 percent may be obligated or expended 
until the Director of the Missile Defense Agency submits to the 
congressional defense committees the report under subsection (a).
    (c) <<NOTE: Deadline.>>  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

[[Page 134 STAT. 4069]]

of Defense determines appropriate, shall submit to the congressional 
defense committees an assessment of the following:
            (1) How the development and deployment of regional terminal 
        high altitude area defense systems and Aegis ballistic missile 
        defense systems to conduct longer-range missile defense missions 
        would be perceived by near-peer foreign countries and rogue 
        nations.
            (2) How such near-peer foreign countries and rogue nations 
        would likely respond to such deployments.

    (d) Intelligence Community Defined.--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. 1649. <<NOTE: Certifications.>>  IRON DOME SHORT-RANGE ROCKET 
                          DEFENSE SYSTEM AND ISRAELI COOPERATIVE 
                          MISSILE DEFENSE PROGRAM CO-DEVELOPMENT 
                          AND CO-PRODUCTION.

    (a) Iron Dome Short-range Rocket Defense System.--
            (1) Availability of funds.--Of the funds authorized to be 
        appropriated by this Act for fiscal year 2021 for procurement, 
        Defense-wide, and available for the Missile Defense Agency, not 
        more than $73,000,000 may be provided to the Government of 
        Israel to procure components for the Iron Dome short-range 
        rocket defense system through co-production of such components 
        in the United States by industry of the United States.
            (2) Conditions.--
                    (A) <<NOTE: Contracts.>>  Agreement.--Funds 
                described in paragraph (1) for the Iron Dome short-range 
                rocket defense program shall be available subject to the 
                terms and conditions in the Agreement Between the 
                Department of Defense of the United States of America 
                and the Ministry of Defense of the State of Israel 
                Concerning Iron Dome Defense System Procurement, signed 
                on March 5, 2014, as amended to include co-production 
                for Tamir interceptors.
                    (B) <<NOTE: Deadline.>>  Certification.--Not later 
                than 30 days prior to the initial obligation of funds 
                described in paragraph (1), the Under Secretary of 
                Defense for Acquisition and Sustainment shall submit to 
                the appropriate congressional committees--
                          (i) a certification that the amended bilateral 
                      international agreement specified in subparagraph 
                      (A) is being implemented as provided in such 
                      agreement;
                          (ii) <<NOTE: Assessment.>>  an assessment 
                      detailing any risks relating to the implementation 
                      of such agreement; and
                          (iii) for system improvements resulting in 
                      modified Iron Dome components and Tamir 
                      interceptor sub-components, a certification that 
                      the Government of Israel has demonstrated 
                      successful completion of Production Readiness 
                      Reviews, including the validation of production 
                      lines, the verification of component conformance, 
                      and the verification of performance to 
                      specification as defined in the Iron Dome Defense 
                      System Procurement Agreement, as further amended.

    (b) Israeli Cooperative Missile Defense Program, David's Sling 
Weapon System Co-production.--
            (1) In general.--Subject to paragraph (3), of the funds 
        authorized to be appropriated for fiscal year 2021 for 
        procurement, Defense-wide, and available for the Missile Defense

[[Page 134 STAT. 4070]]

        Agency not more than $50,000,000 may be provided to the 
        Government of Israel to procure the David's Sling Weapon System, 
        including for co-production of parts and components in the 
        United States by United States industry.
            (2) <<NOTE: Contracts.>>  Agreement.--Provision of funds 
        specified in paragraph (1) shall be subject to the terms and 
        conditions in the bilateral co-production agreement, including--
                    (A) a one-for-one cash match is made by Israel or in 
                another matching amount that otherwise meets best 
                efforts (as mutually agreed to by the United States and 
                Israel); and
                    (B) co-production of parts, components, and all-up 
                rounds (if appropriate) in the United States by United 
                States industry for the David's Sling Weapon System is 
                not less than 50 percent.
            (3) Certification and assessment.--The Under Secretary of 
        Defense for Acquisition and Sustainment shall submit to the 
        appropriate congressional committees--
                    (A) a certification that the Government of Israel 
                has demonstrated the successful completion of the 
                knowledge points, technical milestones, and production 
                readiness reviews required by the research, development, 
                and technology agreement and the bilateral co-production 
                agreement for the David's Sling Weapon System; and
                    (B) an assessment detailing any risks relating to 
                the implementation of such agreement.

    (c) Israeli Cooperative Missile Defense Program, Arrow 3 Upper Tier 
Interceptor Program Co-production.--
            (1) In general.--Subject to paragraph (2), of the funds 
        authorized to be appropriated for fiscal year 2021 for 
        procurement, Defense-wide, and available for the Missile Defense 
        Agency not more than $77,000,000 may be provided to the 
        Government of Israel for the Arrow 3 Upper Tier Interceptor 
        Program, including for co-production of parts and components in 
        the United States by United States industry.
            (2) Certification.--The Under Secretary of Defense for 
        Acquisition and Sustainment shall submit to the appropriate 
        congressional committees a certification that--
                    (A) the Government of Israel has demonstrated the 
                successful completion of the knowledge points, technical 
                milestones, and production readiness reviews required by 
                the research, development, and technology agreement for 
                the Arrow 3 Upper Tier Interceptor Program;
                    (B) funds specified in paragraph (1) will be 
                provided on the basis of a one-for-one cash match made 
                by Israel or in another matching amount that otherwise 
                meets best efforts (as mutually agreed to by the United 
                States and Israel);
                    (C) the United States has entered into a bilateral 
                international agreement with Israel that establishes, 
                with respect to the use of such funds--
                          (i) in accordance with subparagraph (D), the 
                      terms of co-production of parts and components on 
                      the basis of the greatest practicable co-
                      production of parts, components, and all-up rounds 
                      (if appropriate) by United States industry and 
                      minimizes nonrecurring

[[Page 134 STAT. 4071]]

                      engineering and facilitization expenses to the 
                      costs needed for co-production;
                          (ii) complete transparency on the requirement 
                      of Israel for the number of interceptors and 
                      batteries that will be procured, including with 
                      respect to the procurement plans, acquisition 
                      strategy, and funding profiles of Israel;
                          (iii) technical milestones for co-production 
                      of parts and components and procurement;
                          (iv) a joint affordability working group to 
                      consider cost reduction initiatives; and
                          (v) joint approval processes for third-party 
                      sales; and
                    (D) the level of co-production described in 
                subparagraph (C)(i) for the Arrow 3 Upper Tier 
                Interceptor Program is not less than 50 percent.

    (d) Number.--In carrying out paragraph (2) of subsection (b) and 
paragraph (2) of subsection (c), the Under Secretary may submit--
            (1) one certification covering both the David's Sling Weapon 
        System and the Arrow 3 Upper Tier Interceptor Program; or
            (2) separate certifications for each respective system.

    (e) <<NOTE: Assessment>>  Timing.--The Under Secretary shall submit 
to the congressional defense committees the certification and assessment 
under subsection (b)(3) and the certification under subsection (c)(2) no 
later than 30 days before the funds specified in paragraph (1) of 
subsections (b) and (c) for the respective system covered by the 
certification are provided to the Government of Israel.

    (f) Appropriate Congressional Committees Defined.--In this section, 
the term ``appropriate congressional committees'' means the following:
            (1) The congressional defense committees.
            (2) The Committee on Foreign Relations of the Senate and the 
        Committee on Foreign Affairs of the House of Representatives.
SEC. 1650. REPORT ON DEFENSE OF GUAM FROM INTEGRATED AIR AND 
                          MISSILE THREATS.

    (a) <<NOTE: Study.>>  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 containing a study on 
the defense of Guam from integrated air and missile threats, including 
such threats from ballistic, hypersonic, and cruise missiles.

    (b) <<NOTE: Analysis.>>  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, radars, and ground-, ship-, air,- and 
        space-based sensors 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) <<NOTE: Plan.>>  A plan of how such programs would be 
        used to counter such threats with an initial operational 
        capability by 2025.
            (3) <<NOTE: Plan.>>  A plan of which programs currently in 
        development but not yet deployed could enhance or substitute for 
        existing

[[Page 134 STAT. 4072]]

        programs in countering such 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 described in 
        paragraphs (1) and (3), including a breakdown of the cost of 
        weapons systems considered under the various scenarios 
        (including any costs to modify the systems), the cost benefits 
        gained through economies of scale, and the cost of any military 
        construction required.
            (6) An analysis of the policy implications regarding 
        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 Northern Command.
            (4) The Commander of the United States Strategic Command.
            (5) The Director of the Joint Integrated Air and Missile 
        Defense Organization.
            (6) Any other official whom the Secretary of Defense 
        determines for purposes of this section has significant 
        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. 1651. REPORTS ON CRUISE MISSILE DEFENSE AND NORTH WARNING 
                          SYSTEM.

    (a) Report on Cruise Missile Defense and Status of North Warning 
System.--
            (1) Requirement.--Not later than 90 days after the date of 
        the enactment of this Act, the Commander of the United States 
        Northern Command, in coordination with the Secretary of the Air 
        Force, the Director of the Missile Defense Agency, and the 
        Director for Force Structure, Resources, and Assessment of the 
        Joint Staff, shall submit to the congressional defense 
        committees a report on the on cruise missile defense of the 
        United States.
            (2) <<NOTE: Assessments.>>  Elements.--The report under 
        paragraph (1) shall include the following:
                    (A) An identification of any vulnerability of the 
                contiguous United States to known cruise missile 
                threats.
                    (B) An assessment of the status of the North Warning 
                System, including--

[[Page 134 STAT. 4073]]

                          (i) a description and assessment of the status 
                      and operational integrity of the infrastructure of 
                      the North Warning System;
                          (ii) an assessment of the technology currently 
                      used by the North Warning System compared with the 
                      technology considered necessary by the Commander 
                      of the North American Aerospace Defense Command to 
                      detect current and anticipated threats;
                          (iii) an assessment of the infrastructure and 
                      ability of the Alaska Radar System to integrate 
                      into the broader North Warning System; and
                          (iv) an assessment of the ability of the North 
                      Warning System to integrate with current and 
                      anticipated space-based sensor platforms.

    (b) Report on Plan for Mitigation and Modernization.--
            (1) <<NOTE: Coordination.>>  In general.--Not later than 180 
        days after the date of the enactment of this Act, the Commander 
        of the United States Northern Command, in coordination with the 
        Secretary of the Air Force, the Director of the Missile Defense 
        Agency, and the Director for Force Structure, Resources, and 
        Assessment of the Joint Staff, shall submit to the congressional 
        defense committees a report setting forth a plan for--
                    (A) mitigating vulnerabilities of the contiguous 
                United States to known cruise missile threats; and
                    (B) modernizing the capabilities provided by the 
                current North Warning System.
            (2) Elements.--The plan under paragraph (1) shall include 
        the following:
                    (A) A plan to mitigate any vulnerability of the 
                contiguous United States to known cruise missile threats 
                identified in the report under subsection (a).
                    (B) <<NOTE: Timeline.>>  A detailed timeline for the 
                modernization of the North Warning System based on the 
                status of the system as assessed in the report under 
                subsection (a).
                    (C) The technological advancements necessary for 
                ground-based North Warning System sites to address 
                current and anticipated threats (as specified by the 
                Commander of the North American Aerospace Defense 
                Command).
                    (D) <<NOTE: Assessment.>>  An assessment of the 
                number of future North Warning System sites required in 
                order to address current and anticipated threats (as so 
                specified).
                    (E) Any new or complementary technologies required 
                to accomplish the mission of the North Warning System.
                    (F) The cost and schedule, by year, of the plan.

     Subtitle E--Matters Relating to Certain Commercial Terrestrial 
                               Operations

SEC. <<NOTE: 10 USC 2281 note.>>  1661. PROHIBITION ON 
                          AVAILABILITY OF FUNDS FOR CERTAIN 
                          PURPOSES RELATING TO THE GLOBAL 
                          POSITIONING SYSTEM.

    (a) Prohibition.--Except as provided by subsection (b), none of the 
funds authorized to be appropriated by this Act or otherwise made 
available for fiscal year 2021 or any subsequent fiscal year for the 
Department of Defense may be obligated or expended to

[[Page 134 STAT. 4074]]

retrofit any Global Positioning System device or system, or network that 
uses the Global Positioning System, in order to mitigate harmful 
interference from commercial terrestrial operations using the 1526-1536 
megahertz band, the 1627.5-1637.5 megahertz band, or the 1646.5-1656.5 
megahertz band.
    (b) Actions Not Prohibited.--The prohibition in subsection (a) shall 
not apply to any action taken by the Secretary of Defense relating to--
            (1) conducting technical or information exchanges with the 
        entity that operates the commercial terrestrial operations in 
        the megahertz bands specified in such subsection;
            (2) seeking compensation for harmful interference from such 
        entity; or
            (3) Global Positioning System receiver upgrades needed to 
        address other resiliency requirements.
SEC. 1662. <<NOTE: 10 USC 2281 note.>>  LIMITATION ON AWARDING 
                          CONTRACTS TO ENTITIES OPERATING 
                          COMMERCIAL TERRESTRIAL COMMUNICATION 
                          NETWORKS THAT CAUSE HARMFUL INTERFERENCE 
                          WITH THE GLOBAL POSITIONING SYSTEM.

    The Secretary of Defense may not enter into a contract, or extend or 
renew a contract, with an entity that engages in commercial terrestrial 
operations using the 1525-1559 megahertz band or the 1626.5-1660.5 
megahertz band unless the Secretary has certified to the congressional 
defense committees that such operations do not cause harmful 
interference to a Global Positioning System device of the Department of 
Defense.
SEC. 1663. INDEPENDENT TECHNICAL REVIEW OF FEDERAL COMMUNICATIONS 
                          COMMISSION ORDER 20-48.

    (a) <<NOTE: Contracts.>>  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 Academies to perform 
        the services covered by this section.
            (2) <<NOTE: Deadline.>>  Timing.--The Secretary shall seek 
        to enter into the agreement described in paragraph (1) not later 
        than 30 days after the date of the enactment of this Act.

    (b) Independent Technical Review.--
            (1) In general.--Under an agreement between the Secretary 
        and the National Academies under subsection (a), the National 
        Academies shall carry out an independent technical review of the 
        Order and Authorization adopted by the Federal Communications 
        Commission on April 19, 2020 (FCC 20-48), to the extent that 
        such Order and Authorization affects the devices, operations, or 
        activities of the Department of Defense.
            (2) Elements.--The independent technical review carried out 
        under paragraph (1) shall include the following:
                    (A) <<NOTE: Evaluation. Recommenda- tion.>>  
                Comparison of the two different approaches on which the 
                Commission relied for the Order and Authorization 
                described in paragraph (1) to evaluate the potential 
                harmful interference concerns relating to Global 
                Positioning System devices, with a recommendation on 
                which method most effectively mitigates risks of harmful 
                interference with Global Positioning System devices of 
                the Department, or relating to or with the potential to 
                affect the operations and activities of the Department.

[[Page 134 STAT. 4075]]

                    (B) <<NOTE: Assessment.>>  Assessment of the 
                potential for harmful interference to mobile satellite 
                services, including commercial services and Global 
                Positioning System services of the Department, or 
                relating to or with the potential to affect the 
                operations and activities of the Department.
                    (C) Review of the feasibility, practicality, and 
                effectiveness of the proposed mitigation measures 
                relating to, or with the potential to affect, the 
                devices, operations, or activities of the Department.
                    (D) <<NOTE: Recommenda- tions.>>  Development of 
                recommendations associated with the findings of the 
                National Academies in carrying out the independent 
                technical review.
                    (E) Such other matters as the National Academies 
                determines relevant.

    (c) Report.--
            (1) <<NOTE: Recommenda- tions.>>  In general.--Under an 
        agreement between the Secretary and the National Academies under 
        subsection (a), the National Academies, not later than 270 days 
        after the date of the execution of such agreement, shall submit 
        to the Committee on Armed Services of the Senate and the 
        Committee on Armed Services of the House of Representatives a 
        report on the findings of the National Academies with respect to 
        the independent technical review carried out under subsection 
        (b) and the recommendations developed pursuant to such review.
            (2) Form.--The report submitted under paragraph (1) shall be 
        submitted in a publicly releasable and unclassified format, but 
        may include a classified annex.
SEC. 1664. ESTIMATE OF DAMAGES FROM FEDERAL COMMUNICATIONS 
                          COMMISSION ORDER 20-48.

    (a) <<NOTE: Compliance.>>  Limitation, Estimate, and 
Certification.--None of the funds authorized to be appropriated by this 
Act or otherwise made available for fiscal year 2021 may be obligated or 
expended by the Secretary of Defense to comply with the Order and 
Authorization adopted by the Federal Communications Commission on April 
19, 2020 (FCC 20-48), until the Secretary--
            (1) submits to the congressional defense committees an 
        estimate of the extent of covered costs and the range of 
        eligible reimbursable costs associated with harmful interference 
        resulting from such Order and Authorization to the Global 
        Positioning System of the Department of Defense; and
            (2) certifies to the congressional defense committees that 
        the estimate submitted under paragraph (1) is accurate with a 
        high degree of certainty.

    (b) Covered Costs.--For purposes of this section, covered costs 
include costs that would be incurred--
            (1) to upgrade, repair, or replace potentially affected 
        receivers of the Federal Government;
            (2) to modify, repair, or replace equipment, spares, 
        associated ancillary equipment, software, facilities, operating 
        manuals, training, or compliance with regulations, including 
        with regard to the underlying platform or system in which a 
        capability of the Global Positioning System is embedded; and

[[Page 134 STAT. 4076]]

            (3) for personnel of the Department to engineer, validate, 
        and verify that any required remediation provides the Department 
        with the same operational capability for the affected system 
        prior to terrestrial operation in the 1525 to 1559 megahertz or 
        1626.5 to 1660.5 megahertz bands of electromagnetic spectrum.

    (c) Range of Eligible Reimbursable Costs.--For purposes of this 
section, the range of eligible reimbursable costs includes--
            (1) costs associated with engineering, equipment, software, 
        site acquisition, and construction;
            (2) any transaction expense that the Secretary determines is 
        legitimate and prudent;
            (3) costs relating to term-limited Federal civil servant and 
        contractor staff; and
            (4) the costs of research, engineering studies, or other 
        expenses the Secretary determines reasonably incurred.

                        Subtitle F--Other Matters

SEC. 1671. CONVENTIONAL PROMPT 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 initiate efforts to integrate such technologies to DDG-
1000 class destroyers during fiscal year 2021.''.
    (b) Report on Strategic Hypersonic Weapons.--
            (1) <<NOTE: Coordination.>>  Requirement.--Not later than 
        120 days after the date of the enactment of this Act, the 
        Chairman of the Joint Chiefs of Staff, in coordination with the 
        Under Secretary of Defense for Policy, shall submit 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 and policy 
                processes to use hypersonic weapons and if, and how, 
                such authorities would be delegated to the commanders of 
                the combatant commands or to the Chiefs of the Armed 
                Forces.
                    (B) How escalation risks will be addressed with 
                regards to the use of strategic hypersonic weapons, 
                including--
                          (i) whether any risk escalation exercises have 
                      been conducted or are planned for the potential 
                      use of hypersonic weapons; and
                          (ii) <<NOTE: Analysis.>>  an analysis of the 
                      escalation risks posed by foreign hypersonic 
                      systems that are potentially nuclear and 
                      conventional dual-use capable weapons.
                    (C) The potential target sets for hypersonic weapons 
                envisioned as of the date of the report and the required 
                mission planning to support targeting by the United 
                States Strategic Command and other combatant commands.
                    (D) Identification of the process for the Department 
                of Defense to establish targeting and release authority 
                for conventional prompt strike hypersonic weapons.
                    (E) A description of how the requirements for land- 
                and sea-based hypersonic weapons will be addressed with 
                the Joint Requirements Oversight Council, and how such 
                requirements will be formally provided to the military

[[Page 134 STAT. 4077]]

                departments procuring such weapons through an 
                acquisition program described under section 804 of the 
                National Defense Authorization Act for Fiscal Year 2016 
                (10 U.S.C. 2302 note).
                    (F) The required force structures, including 
                necessary training, simulators, and range use needed by 
                the Armed Forces, to support employment of such weapons 
                against the classes of targets that will be held at 
                risk.
                    (G) With respect to the force structure of the 
                Navy--
                          (i) whether such weapons should be deployed on 
                      both submarines and surface combatants; and
                          (ii) the number of such vessels that need to 
                      be so equipped.
                    (H) A basing strategy for land-based launch 
                platforms and a description of the actions needed to be 
                taken for future deployment of such platforms.
            (3) <<NOTE: Classified information.>>  Form.--The report 
        under paragraph (1) shall be submitted in unclassified form, but 
        may include a classified annex.

    (c) Annual Reports on Acquisition.--
            (1) Army and navy programs.--Except as provided by paragraph 
        (3), not later than 30 days after the date on which the budget 
        of the President for each of fiscal years 2022 through 2025 is 
        submitted to Congress pursuant to section 1105 of title 31, 
        United States Code, the Secretary of the Army and the Secretary 
        of the Navy shall jointly submit to the congressional defense 
        committees a report on the long-range hypersonic weapon program 
        of the Army and the conventional prompt strike program of the 
        Navy, including--
                    (A) the total costs to the respective military 
                departments for such programs;
                    (B) the strategy for such programs with respect to 
                manning, training, and equipping, including cost 
                estimates; and
                    (C) a testing strategy and schedule for such 
                programs.
            (2) Independent cost estimate.--Not later than 90 days after 
        the date on which the budget of the President for fiscal year 
        2022 is submitted to Congress pursuant to section 1105 of title 
        31, United States Code, the Director of Cost Assessment and 
        Program Evaluation shall submit to the congressional defense 
        committees an independent cost estimate for the long-range 
        hypersonic weapon program of the Army and the conventional 
        prompt strike program of the Navy.
            (3) <<NOTE: Determination.>>  Termination.--The requirement 
        to submit a report under paragraph (1) shall terminate on the 
        date on which the Secretary of Defense determines that the long-
        range hypersonic weapon program of the Army and the conventional 
        prompt strike program of the Navy are unable to be acquired 
        under the authority of section 804 of the National Defense 
        Authorization Act for Fiscal Year 2016 (10 U.S.C. 2302 note).
SEC. 1672. LIMITATION ON AVAILABILITY OF FUNDS RELATING TO REPORTS 
                          ON MISSILE SYSTEMS AND ARMS CONTROL 
                          TREATIES.

    (a) Limitation.--
            (1) In general.--Beginning on the date that is 60 days after 
        the date of the enactment of this Act, if the Secretary of 
        Defense has not submitted the covered reports, not more

[[Page 134 STAT. 4078]]

        than 50 percent of the funds specified in paragraph (2) may be 
        obligated or expended until the date on which the covered 
        reports have been submitted.
            (2) Funds specified.--The funds specified in this paragraph 
        are the funds authorized to be appropriated by this Act or 
        otherwise made available for fiscal year 2021 for the Office of 
        the Under Secretary of Defense for Policy.

    (b) Covered Reports Defined.--In this section, the term ``covered 
reports'' means--
            (1) the report under section 1698(b) of the National Defense 
        Authorization Act for Fiscal Year 2020 (Public Law 116-92; 133 
        Stat. 1792); and
            (2) the assessment under section 1236(b) of the National 
        Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
        92; 133 Stat. 1650).
SEC. 1673. SUBMISSION OF REPORTS UNDER MISSILE DEFENSE REVIEW AND 
                          NUCLEAR POSTURE REVIEW.

    Not <<NOTE: Assessments.>>  later than 30 days after the date of the 
enactment of this Act, the Secretary of Defense shall submit to the 
congressional defense committees--
            (1) each report, assessment, and guidance document produced 
        by the Department of Defense pursuant to the Missile Defense 
        Review published in 2019 or during subsequent actions taken to 
        implement the conclusions of the Review; and
            (2) each report, assessment, and guidance document produced 
        by the Department pursuant to the Nuclear Posture Review 
        published in 2018 or during subsequent actions taken to 
        implement the conclusions of the Review.

                 TITLE XVII--CYBERSPACE-RELATED MATTERS

Sec. 1701. Modification of mission of Cyber Command and assignment of 
           cyber operations forces.
Sec. 1702. Modification of scope of notification requirements for 
           sensitive military cyber operations.
Sec. 1703. Modification of requirements for quarterly Department of 
           Defense cyber operations briefings for Congress.
Sec. 1704. Clarification relating to protection from liability of 
           operationally critical contractors.
Sec. 1705. Strengthening Federal networks; CISA cybersecurity support to 
           agencies.
Sec. 1706. Improvements relating to the quadrennial cyber posture 
           review.
Sec. 1707. Modification of authority to use operation and maintenance 
           funds for cyber operations-peculiar capability development 
           projects.
Sec. 1708. Personnel management authority for Commander of United States 
           Cyber Command and development program for offensive cyber 
           operations.
Sec. 1709. Applicability of reorientation of Big Data Platform program 
           to Department of Navy.
Sec. 1710. Report on Cyber Institutes program.
Sec. 1711. Modification of acquisition authority of Commander of United 
           States Cyber Command.
Sec. 1712. Modification of requirements relating to the Strategic 
           Cybersecurity Program and the evaluation of cyber 
           vulnerabilities of major weapon systems of the Department of 
           Defense.
Sec. 1713. Modification of position of Principal Cyber Advisor.
Sec. 1714. Cyberspace Solarium Commission.
Sec. 1715. Establishment in Department of Homeland Security of joint 
           cyber planning office.
Sec. 1716. Subpoena authority.

[[Page 134 STAT. 4079]]

Sec. 1717. Cybersecurity State Coordinator.
Sec. 1718. Cybersecurity Advisory Committee.
Sec. 1719. Cybersecurity education and training assistance program.
Sec. 1720. Framework for cyber hunt forward operations.
Sec. 1721. Rationalization and integration of parallel cybersecurity 
           architectures and operations.
Sec. 1722. Assessing risk to national security of quantum computing.
Sec. 1723. Tailored cyberspace operations organizations.
Sec. 1724. Responsibility for cybersecurity and critical infrastructure 
           protection of the defense industrial base.
Sec. 1725. Pilot program on remote provision by National Guard to 
           National Guards of other States of cybersecurity technical 
           assistance in training, preparation, and response to cyber 
           incidents.
Sec. 1726. Department of Defense cyber workforce efforts.
Sec. 1727. Reporting requirements for cross domain incidents and 
           exemptions to policies for information technology.
Sec. 1728. Assessing private-public collaboration in cybersecurity.
Sec. 1729. Cyber capabilities and interoperability of the National 
           Guard.
Sec. 1730. Evaluation of non-traditional cyber support to the Department 
           of Defense.
Sec. 1731. Integrated cybersecurity center plan.
Sec. 1732. Assessment of cyber operational planning and deconfliction 
           policies and processes.
Sec. 1733. Pilot program on cybersecurity capability metrics.
Sec. 1734. Assessment of effect of inconsistent timing and use of 
           Network Address Translation in Department of Defense 
           networks.
Sec. 1735. Integration of Department of Defense user activity monitoring 
           and cybersecurity.
Sec. 1736. Defense industrial base cybersecurity sensor architecture 
           plan.
Sec. 1737. Assessment on defense industrial base participation in a 
           threat information sharing program.
Sec. 1738. Assistance for small manufacturers in the defense industrial 
           supply chain on matters relating to cybersecurity.
Sec. 1739. Assessment on defense industrial base cybersecurity threat 
           hunting program.
Sec. 1740. Defense Digital Service.
Sec. 1741. Matters concerning the College of Information and Cyberspace 
           and limitation of funding for National Defense University.
Sec. 1742. Department of Defense cyber hygiene and Cybersecurity 
           Maturity Model Certification framework.
Sec. 1743. Extension of sunset for pilot program on regional 
           cybersecurity training center for the Army National Guard.
Sec. 1744. National cyber exercises.
Sec. 1745. Cybersecurity and Infrastructure Security Agency review.
Sec. 1746. Report on enabling United States Cyber Command resource 
           allocation.
Sec. 1747. Ensuring cyber resiliency of nuclear command and control 
           system.
Sec. 1748. Requirements for review of and limitations on the Joint 
           Regional Security Stacks activity.
Sec. 1749. Implementation of information operations matters.
Sec. 1750. Report on use of encryption by Department of Defense national 
           security systems.
Sec. 1751. Guidance and direction on use of direct hiring processes for 
           artificial intelligence professionals and other data science 
           and software development personnel.
Sec. 1752. National Cyber Director.

SEC. 1701. MODIFICATION OF MISSION OF CYBER COMMAND AND ASSIGNMENT 
                          OF CYBER OPERATIONS FORCES.

    Title 10, United States Code, is amended--
            (1) in section 167b--
                    (A) in subsection (a)--
                          (i) in the first sentence, by inserting 
                      ``(1)'' before ``With the advice'';
                          (ii) in paragraph (1), as designated by clause 
                      (i), by striking the second sentence; and
                          (iii) by adding at the end the following new 
                      paragraph:
            ``(2) The principal mission of the Cyber Command is to 
        direct, synchronize, and coordinate military cyberspace planning 
        and operations to defend and advance national interests

[[Page 134 STAT. 4080]]

        in collaboration with domestic and international partners.''; 
        and
                    (B) by amending subsection (b) to read as follows:

    ``(b) Assignment of Forces.--(1) Active and reserve cyber forces of 
the armed forces shall be assigned to the Cyber Command through the 
Global Force Management Process, as approved by the Secretary of 
Defense.
            ``(2) Cyber forces not assigned to Cyber Command remain 
        assigned to combatant commands or service-retained.''; and
            (2) in section 238--
                    (A) in subsection (a)--
                          (i) in the matter preceding paragraph (1)--
                                    (I) by striking ``2017'' and 
                                inserting ``2021''; and
                                    (II) by inserting ``, in electronic 
                                and print formats,'' after ``display'';
                          (ii) in paragraph (1), by inserting ``and the 
                      cyberspace operations forces'' before the 
                      semicolon;
                          (iii) in paragraph (2), by inserting ``and the 
                      cyberspace operations forces'' before the period;
                    (B) in subsection (b)--
                          (i) in the matter preceding paragraph (1), by 
                      striking ``2017'' and inserting ``2021'';
                          (ii) in paragraph (1), by striking ``2017'' 
                      and inserting ``2021''; and
                          (iii) in paragraph (2), by striking ``2018'' 
                      and inserting ``2022''; and
                    (C) by adding at the end the following new 
                subsection:

    ``(c) <<NOTE: Deadlines. President.>>  Submission.--The Secretary 
shall provide the displays described in subsection (a)--
            ``(1) in electronic format not later than five days after 
        the submission by the President under section 1105(a) of title 
        31 of the budget; and
            ``(2) in print format not later than 21 days after the 
        submission by the President under section 1105(a) of title 31 of 
        the budget.''.
SEC. 1702. MODIFICATION OF SCOPE OF NOTIFICATION REQUIREMENTS FOR 
                          SENSITIVE MILITARY CYBER OPERATIONS.

    Subsection (c) of section 395 of title 10, United States Code, is 
amended to read as follows:
    ``(c) Sensitive Military Cyber Operation Defined.--(1) In this 
section, the term `sensitive military cyber operation' means an action 
described in paragraph (2) that--
                    ``(A) is carried out by the armed forces of the 
                United States;
                    ``(B) is intended to achieve a cyber effect against 
                a foreign terrorist organization or a country, including 
                its armed forces and the proxy forces of that country 
                located elsewhere--
                          ``(i) with which the armed forces of the 
                      United States are not involved in hostilities (as 
                      that term is used in section 4 of the War Powers 
                      Resolution (50 U.S.C. 1543)); or
                          ``(ii) with respect to which the involvement 
                      of the armed forces of the United States in 
                      hostilities has

[[Page 134 STAT. 4081]]

                      not been acknowledged publicly by the United 
                      States; and
                    ``(C)(i) is determined to--
                                    ``(I) have a medium or high 
                                collateral effects estimate;
                                    ``(II) have a medium or high 
                                intelligence gain or loss;
                                    ``(III) have a medium or high 
                                probability of political retaliation, as 
                                determined by the political military 
                                assessment contained within the 
                                associated concept of operations;
                                    ``(IV) have a medium or high 
                                probability of detection when detection 
                                is not intended; or
                                    ``(V) result in medium or high 
                                collateral effects; or
                          ``(ii) is a matter the Secretary determines to 
                      be appropriate.
            ``(2) The actions described in this paragraph are the 
        following:
                    ``(A) An offensive cyber operation.
                    ``(B) A defensive cyber operation.''.
SEC. 1703. MODIFICATION OF REQUIREMENTS FOR QUARTERLY DEPARTMENT 
                          OF DEFENSE CYBER OPERATIONS BRIEFINGS 
                          FOR CONGRESS.

    Section 484 of title 10, United States Code, is amended by striking 
subsections (a) and (b) and inserting the following new subsections:
    ``(a) Briefings Required.--The Under Secretary of Defense for 
Policy, the Commander of United States Cyber Command, and the Chairman 
of the Joint Chiefs of Staff, or designees from each of their offices, 
shall provide to the congressional defense committees quarterly 
briefings on all offensive and significant defensive military operations 
in cyberspace, including clandestine cyber activities, carried out by 
the Department of Defense during the immediately preceding quarter.
    ``(b) <<NOTE: Updates.>>  Elements.--Each briefing under subsection 
(a) shall include, with respect to the military operations in cyberspace 
described in such subsection, the following:
            ``(1) An update, set forth separately for each applicable 
        geographic and functional command, that describes the operations 
        carried out in the area of operations of that command or by that 
        command.
            ``(2) An update, set forth for each applicable geographic 
        and functional command, that describes defensive cyber 
        operations executed to protect or defend forces, networks, and 
        equipment in the area of operations of that command.
            ``(3) An update on relevant authorities and legal issues 
        applicable to operations, including any presidential directives 
        and delegations of authority received since the last quarterly 
        update.
            ``(4) An overview of critical operational challenges posed 
        by major adversaries or encountered in operational activities 
        conducted since the last quarterly update.
            ``(5) An overview of the readiness of the Cyber Mission 
        Forces to perform assigned missions that--

[[Page 134 STAT. 4082]]

                    ``(A) addresses all of the abilities of such Forces 
                to conduct cyberspace operations based on capability and 
                capacity of personnel, equipment, training, and 
                equipment condition--
                          ``(i) using both quantitative and qualitative 
                      metrics; and
                          ``(ii) in a way that is common to all military 
                      departments; and
                    ``(B) is consistent with readiness reporting 
                pursuant to section 482 of this title.
            ``(6) Any other matters that the briefers determine to be 
        appropriate.

    ``(c) Documents.--Each briefing under subsection (a) shall include a 
classified placemat, summarizing the elements specified in paragraphs 
(1), (2), (3), and (5) of subsection (b), and an unclassified 
memorandum, summarizing the briefing's contents.''.
SEC. 1704. CLARIFICATION RELATING TO PROTECTION FROM LIABILITY OF 
                          OPERATIONALLY CRITICAL CONTRACTORS.

    Paragraph (1) of section 391(d) of title 10, United States Code, is 
amended--
            (1) by inserting ``and contract requirements established 
        pursuant to Defense Federal Acquisition Regulation Supplement 
        clause 252.204-7012, Safeguarding Covered Defense Information 
        and Cyber Incident Reporting,'' after ``compliance with this 
        section''; and
            (2) by inserting ``and such contract requirements'' before 
        the period.
SEC. 1705. STRENGTHENING FEDERAL NETWORKS; CISA CYBERSECURITY 
                          SUPPORT TO AGENCIES.

    Section 3553 of title 44, United States Code, is amended--
            (1) in subsection (b)--
                    (A) in paragraph (6)(D), by striking ``and'' after 
                the semicolon;
                    (B) by redesignating paragraph (7) as paragraph (9); 
                and
                    (C) by inserting after paragraph (6) the following 
                new paragraphs:
            ``(7) hunting for and identifying, with or without advance 
        notice to or authorization from agencies, threats and 
        vulnerabilities within Federal information systems;
            ``(8) upon request by an agency, and at the Secretary's 
        discretion, with or without reimbursement--
                    ``(A) providing services, functions, and 
                capabilities, including operation of the agency's 
                information security program, to assist the agency with 
                meeting the requirements set forth in section 3554(b); 
                and
                    ``(B) deploying, operating, and maintaining secure 
                technology platforms and tools, including networks and 
                common business applications, for use by the agency to 
                perform agency functions, including collecting, 
                maintaining, storing, processing, disseminating, and 
                analyzing information; and''; and
            (2) by adding at the end the following new subsection:

    ``(l) Information Sharing.--
            ``(1) In general.--Notwithstanding any other provision of 
        law, including any provision of law that would otherwise 
        restrict

[[Page 134 STAT. 4083]]

        or prevent the head of an agency from disclosing information to 
        the Secretary, the Secretary in carrying out this section and 
        title XXII of the Homeland Security Act of 2002 (6 U.S.C. 651 et 
        seq.) may access, use, retain, and disclose, and the head of an 
        agency may disclose to the Secretary, information, for the 
        purpose of protecting information and information systems from 
        cybersecurity risks.
            ``(2) Exception.--Paragraph (1) shall not apply to national 
        security systems or to information systems described in 
        paragraph (2) or (3) of subsection (e).''.
SEC. 1706. IMPROVEMENTS RELATING TO THE QUADRENNIAL CYBER POSTURE 
                          REVIEW.

    Section 1644(c) of the National Defense Authorization Act for Fiscal 
Year 2018 (Public Law 115-91), as amended by section 1635 of the 
National Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
92), is further amended--
            (1) by amending paragraph (1) to read as follows:
            ``(1) <<NOTE: Assessment.>>  The assessment and definition 
        of the role of cyber forces in the national defense and military 
        strategies of the United States.'';
            (2) by amending paragraph (2) to read as follows:
            ``(2) Review of the following:
                    ``(A) The role of cyber operations in combatant 
                commander warfighting plans.
                    ``(B) The ability of combatant commanders to respond 
                to adversary cyber attacks.
                    ``(C) The international partner cyber capacity-
                building programs of the Department.'';
            (3) by amending paragraph (3) to read as follows:
            ``(3) <<NOTE: Review.>>  A review of the law, policies, and 
        authorities relating to, and necessary for, the United States to 
        maintain a safe, reliable, and credible cyber posture for 
        defending against and responding to cyber attacks and for 
        deterrence in cyberspace, including the following:
                    ``(A) <<NOTE: Assessment.>>  An assessment of the 
                need for further delegation of cyber-related 
                authorities, including those germane to information 
                warfare, to the Commander of United States Cyber 
                Command.
                    ``(B) <<NOTE: Evaluation.>>  An evaluation of the 
                adequacy of mission authorities for all cyber-related 
                military components, defense agencies, directorates, 
                centers, and commands.'';
            (4) in paragraph (4), by striking ``A declaratory'' and 
        inserting ``A review of the need for or for updates to a 
        declaratory'';
            (5) in paragraph (5), by striking ``Proposed'' and inserting 
        ``A review of'';
            (6) by amending paragraph (6) to read as follows:
            ``(6) <<NOTE: Reviews. Assessments.>>  A review of a 
        strategy to deter, degrade, or defeat malicious cyber activity 
        targeting the United States (which may include activities, 
        capability development, and operations other than cyber 
        activities, cyber capability development, and cyber operations), 
        including--
                    ``(A) a review and assessment of various approaches 
                to competition and deterrence in cyberspace, determined 
                in consultation with experts from Government, academia, 
                and industry;

[[Page 134 STAT. 4084]]

                    ``(B) a comparison of the strengths and weaknesses 
                of the approaches identified pursuant to subparagraph 
                (A) relative to the threat of each other; and
                    ``(C) an assessment as to how the cyber strategy 
                will inform country-specific campaign plans focused on 
                key leadership of Russia, China, Iran, North Korea, and 
                any other country the Secretary considers 
                appropriate.'';
            (7) by striking paragraph (8) and inserting the following 
        new paragraph (8):
            ``(8) <<NOTE: Assessments.>>  A comprehensive force 
        structure assessment of the Cyber Operations Forces of the 
        Department for the posture review period, including the 
        following:
                    ``(A) <<NOTE: Determination.>>  A determination of 
                the appropriate size and composition of the Cyber 
                Mission Forces to accomplish the mission requirements of 
                the Department.
                    ``(B) An assessment of the Cyber Mission Forces' 
                personnel, capabilities, equipment, funding, operational 
                concepts, and ability to execute cyber operations in a 
                timely fashion.
                    ``(C) An assessment of the personnel, capabilities, 
                equipment, funding, and operational concepts of 
                Cybersecurity Service Providers and other elements of 
                the Cyber Operations Forces.'';
            (8) by redesignating paragraphs (9) through (11) as 
        subsections (12) through (14), respectively; and
            (9) by inserting after paragraph (8), the following new 
        paragraphs:
            ``(9) <<NOTE: Assessment.>>  An assessment of whether the 
        Cyber Mission Force has the appropriate level of 
        interoperability, integration, and interdependence with special 
        operations and conventional forces.
            ``(10) <<NOTE: Evaluation.>>  An evaluation of the adequacy 
        of mission authorities for the Joint Force Provider and Joint 
        Force Trainer responsibilities of United States Cyber Command, 
        including the adequacy of the units designated as Cyber 
        Operations Forces to support such responsibilities.
            ``(11) <<NOTE: Assessment.>>  An assessment of the missions 
        and resourcing of the combat support agencies in support of 
        cyber missions of the Department.''.
SEC. 1707. MODIFICATION OF AUTHORITY TO USE OPERATION AND 
                          MAINTENANCE FUNDS FOR CYBER OPERATIONS-
                          PECULIAR CAPABILITY DEVELOPMENT 
                          PROJECTS.

    Section 1640 of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116-92) is amended--
            (1) by redesignating subsections (b) and (c) as subsections 
        (c) and (d), respectively;
            (2) in subsection (a)--
                    (A) by striking ``The Secretary of Defense'' and 
                inserting ``Subject to subsection (b), the Commander of 
                the United States Cyber Command'';
                    (B) by striking ``per service'' and inserting ``per 
                use''; and
                    (C) by striking ``through 2022'' and inserting 
                ``through 2025'';
            (3) by inserting after subsection (a) the following:

[[Page 134 STAT. 4085]]

    ``(b) Limitation.--(1) Each fiscal year, the Secretaries of the 
military departments concerned may each obligate and expend under 
subsection (a) not more than $10,000,000.
            ``(2) Each fiscal year, the Commander of the United States 
        Cyber Command may obligate and expend under subsection (a) not 
        more than $6,000,000.''; and
            (4) in subsection (d), as so redesignated, by striking 
        ``through 2022'' and inserting ``through 2025''.
SEC. 1708. PERSONNEL MANAGEMENT AUTHORITY FOR COMMANDER OF UNITED 
                          STATES CYBER COMMAND AND DEVELOPMENT 
                          PROGRAM FOR OFFENSIVE CYBER OPERATIONS.

    (a) Personnel Management Authority for Commander of United States 
Cyber Command to Attract Experts in Science and Engineering.--Section 
1599h of title 10, United States Code, as amended by section 1602 of 
this Act, is further amended--
            (1) in subsection (a), by adding at the end the following:
            ``(8) United states cyber command.--The Commander of United 
        States Cyber Command may carry out a program of personnel 
        management authority provided in subsection (b) in order to 
        facilitate the recruitment of eminent experts in computer 
        science, data science, engineering, mathematics, and computer 
        network exploitation within the headquarters of United States 
        Cyber Command and the Cyber National Mission Force.''; and
            (2) in subsection (b)(1)--
                    (A) in subparagraph (F), by striking ``and'' after 
                the semicolon;
                    (B) in subparagraph (G), by inserting ``and'' after 
                the semicolon; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(H) in the case of United States Cyber Command, 
                appoint computer scientists, data scientists, engineers, 
                mathematicians, and computer network exploitation 
                specialists to a total of not more than 10 scientific 
                and engineering positions in the Command;''.

    (b) <<NOTE: 10 USC 1599h note.>>  Program to Develop Accesses, 
Discover Vulnerabilities, and Engineer Cyber Tools and Develop Tactics, 
Techniques, and Procedures for Offensive Cyber Operations.--
            (1) In general.--Pursuant to the authority provided under 
        section 1599h(a)(8) of title 10, United States Code, as added by 
        subsection (a), the Commander of United States Cyber Command 
        shall establish a program or augment an existing program within 
        the Command to develop accesses, discover vulnerabilities, and 
        engineer cyber tools and develop tactics, techniques, and 
        procedures for the use of these assets and capabilities in 
        offensive cyber operations.
            (2) Elements.--The program or augmented program required by 
        paragraph (1) shall--
                    (A) develop accesses, discover vulnerabilities, and 
                engineer cyber tools and develop tactics, techniques, 
                and procedures fit for Department of Defense military 
                operations in cyberspace, such as reliability, meeting 
                short development and operational timelines, low cost, 
                and expendability;

[[Page 134 STAT. 4086]]

                    (B) aim to decrease the reliance of Cyber Command on 
                accesses, tools, and expertise provided by the 
                intelligence community;
                    (C) be designed to provide technical and operational 
                expertise on par with that of programs of the 
                intelligence community;
                    (D) enable the Commander to attract and retain 
                expertise resident in the private sector and other 
                technologically elite government organizations; and
                    (E) <<NOTE: Coordination.>>  coordinate development 
                activities with, and, as appropriate, facilitate 
                transition of capabilities from, the Defense Advanced 
                Research Projects Agency, the Strategic Capabilities 
                Office, and components within the intelligence 
                community.
            (3) Intelligence community defined.--In this subsection, 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. 1709. APPLICABILITY OF REORIENTATION OF BIG DATA PLATFORM 
                          PROGRAM TO DEPARTMENT OF NAVY.

    (a) In General.--Section 1651 of the National Defense Authorization 
Act for Fiscal Year 2020 (Public Law 116-92) is amended by adding at the 
end the following new subsection:
    ``(f) Applicability.--The requirements of this section shall apply 
in full to the Department of the Navy, including the Sharkcage and 
associated programs.''.
    (b) <<NOTE: Deadline.>>  Briefing.--Not later than 90 days after the 
date of the enactment of this Act, the Secretary of the Navy, the 
program manager of the Unified Platform program, the Chief Information 
Officer, and the Principal Cyber Advisor shall jointly brief the 
congressional defense committees on the compliance of the Department of 
the Navy with the requirements of such section, as amended by subsection 
(a).
SEC. 1710. REPORT ON CYBER INSTITUTES PROGRAM.

    Section 1640 of the John S. McCain National Defense Authorization 
Act for Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2310; 10 U.S.C. 
2200 note) is amended by adding at the end the following:
    ``(g) Report to Congress.--Not later than September 30, 2021, the 
Secretary of Defense shall submit to the Committees on Armed Services of 
the Senate and the House of Representatives a report on the 
effectiveness of the Cyber Institutes and on opportunities to expand the 
Cyber Institutes to additional select institutions of higher learning 
that have a Reserve Officers' Training Corps program.''.
SEC. 1711. MODIFICATION OF ACQUISITION AUTHORITY OF COMMANDER OF 
                          UNITED STATES CYBER COMMAND.

    Section 807 of the National Defense Authorization Act for Fiscal 
Year 2016 (Public Law 114-92; 10 U.S.C. 2224 note) is amended--
            (1) by striking subsections (e) and (i); and
            (2) by redesignating subsections (f) through (h) as 
        subsections (e) through (g), respectively.

[[Page 134 STAT. 4087]]

SEC. 1712. MODIFICATION OF REQUIREMENTS RELATING TO THE STRATEGIC 
                          CYBERSECURITY PROGRAM AND THE EVALUATION 
                          OF CYBER VULNERABILITIES OF MAJOR WEAPON 
                          SYSTEMS OF THE DEPARTMENT OF DEFENSE.

    (a) Evaluation of Cyber Vulnerabilities of Major Weapon Systems of 
the Department of Defense.--
            (1) In general.--Section 1647 of the National Defense 
        Authorization Act for Fiscal Year 2016 (Public Law 114-92; 10 
        U.S.C. 2224 note), as amended by section 1633 of the National 
        Defense Authorization Act for Fiscal Year 2020 (Public Law 116-
        92), is further amended by adding at the end the following new 
        subsections:

    ``(i) Establishing Requirements for Periodicity of Vulnerability 
Reviews.-- <<NOTE: Assessment.>> The Secretary of Defense shall 
establish policies and requirements for each major weapon system, and 
the priority critical infrastructure essential to the proper functioning 
of major weapon systems in broader mission areas, to be re-assessed for 
cyber vulnerabilities, taking into account upgrades or other 
modifications to systems and changes in the threat landscape.

    ``(j) Identification of Senior Official.--Each secretary of a 
military department shall identify a senior official who shall be 
responsible for ensuring that cyber vulnerability assessments and 
mitigations for weapon systems and critical infrastructure are planned, 
funded, and carried out.''.
            (2) Technical correction.--Such section 1647 of the National 
        Defense Authorization Act for Fiscal Year 2016 is further 
        amended--
                    (A) by redesignating subsection (g) as subsection 
                (h); and
                    (B) by redesignating the second subsection (f), as 
                added by section 1633 of the National Defense 
                Authorization Act for Fiscal Year 2020, as subsection 
                (g).

    (b) Strategic Cybersecurity Program.--Section 1640 of the National 
Defense Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10 
U.S.C. 2224 note), is amended by striking subsections (a) through (e) 
and inserting the following new subsections:
    ``(a) <<NOTE: Deadline.>>  In General.--Not later than August 1, 
2021, the Secretary of Defense shall, acting through the Under Secretary 
of Defense for Acquisition and Sustainment, the Chief Information 
Officer, the Vice Chairman of the Joint Chiefs of Staff, the Commander 
of United States Cyber Command, and the Director of the National 
Security Agency, establish a program to be known as the `Strategic 
Cybersecurity Program' (in this section referred to as the `Program') to 
ensure that the Department of Defense is always able to conduct the most 
important military missions of the Department.

    ``(b) Personnel Support to the Program.--
            ``(1) In general.--The Director of the National Security 
        Agency shall establish a program office within the Cybersecurity 
        Directorate to support the Program by identifying threats to, 
        vulnerabilities in, and remediations for the missions and 
        mission elements described in paragraph (1) of subsection (c). 
        Such program office shall be headed by a program manager 
        selected by the Director.
            ``(2) National security agency program office staff 
        augmentation.--The Secretary may augment the personnel assigned 
        to the program office required under paragraph (1) by assigning 
        personnel as appropriate from among regular and

[[Page 134 STAT. 4088]]

        reserve members of the Armed Forces, civilian employees of the 
        Department of Defense (including the Defense intelligence 
        agencies), and personnel of the research laboratories of the 
        Department and the Department of Energy, who have particular 
        expertise in the areas of responsibility described in subsection 
        (c).
            ``(3) Department of energy personnel.--Any personnel 
        assigned to the program office from among personnel of the 
        Department of Energy shall be so assigned with the concurrence 
        of the Secretary of Energy.

    ``(c) Responsibilities.--
            ``(1) Designation of mission elements of the program.--The 
        Under Secretary of Defense for Policy, the Under Secretary of 
        Defense for Acquisition and Sustainment, and the Vice Chairman 
        of the Joint Chiefs of Staff shall identify and designate for 
        inclusion in the Program all of the systems, critical 
        infrastructure, kill chains, and processes, including systems 
        and components in development, that comprise the following 
        military missions of the Department of Defense:
                    ``(A) Nuclear deterrence and strike.
                    ``(B) Select long-range conventional strike missions 
                germane to the warfighting plans of United States 
                European Command and United States Indo-Pacific Command.
                    ``(C) Offensive cyber operations.
                    ``(D) Homeland missile defense.
            ``(2) Office of the under secretary of defense for 
        acquisition and sustainment.--The Office of the Under Secretary 
        of Defense for Acquisition and Sustainment shall serve as the 
        office of primary responsibility for the Program, providing 
        policy, direction, and oversight regarding the execution of the 
        National Security Agency program manager's responsibilities 
        described in paragraph (5).
            ``(3) <<NOTE: Coordination.>>  Vice chairman of the joint 
        chiefs of staff.--The Vice Chairman of the Joint Chiefs of Staff 
        shall coordinate the identification and prioritization of the 
        missions and mission components, and the development and 
        approval of requirements relating to the cybersecurity of the 
        missions and mission components, of the Program.
            ``(4) Chief information officer.--The Chief Information 
        Officer, in exercising authority, direction, and control over 
        the Cybersecurity Directorate of the National Security Agency, 
        shall ensure that the National Security Agency program office is 
        responsive to the requirements and direction of the Under 
        Secretary of Defense for Acquisition and Sustainment.
            ``(5) Program manager.--The program manager shall be 
        responsible for--
                    ``(A) Conducting end-to-end vulnerability 
                assessments of the missions of the Program and their 
                constituent systems, infrastructure, kill chains, and 
                processes.
                    ``(B) Prioritizing and facilitating the remediation 
                of identified vulnerabilities in the constituent 
                systems, infrastructure, kill chains, and processes of 
                the missions of the Program.
                    ``(C) Conducting, prior to the Milestone B approval 
                for any such system or infrastructure, appropriate 
                reviews of acquisition and system engineering plans for 
                proposed systems and infrastructure germane to the 
                missions of

[[Page 134 STAT. 4089]]

                the Program, in accordance with the Under Secretary of 
                Defense for Acquisition and Sustainment's policy and 
                guidance regarding the components of such reviews and 
                the range of systems and infrastructure to be reviewed.
                    ``(D) Advising the military departments, combatant 
                commands, and Joint Staff on the vulnerabilities and 
                cyberattack vectors that pose substantial risk to the 
                missions of the Program and their constituent systems, 
                critical infrastructure, kill chains, or processes.
            ``(6) Secretary of defense directive.--The Secretary of 
        Defense shall define and issue guidance on the roles and 
        responsibilities for other components with respect to the 
        Program, including--
                    ``(A) the military departments' acquisition and 
                sustainment organizations in supporting and implementing 
                remedial actions;
                    ``(B) the alignment of Cyber Protection Teams with 
                the prioritized missions of the Program;
                    ``(C) the role of the Director of Operational Test 
                and Evaluation in conducting periodic assessments, 
                including through red teams, of the cybersecurity of 
                missions in the Program; and
                    ``(D) the role of the Principal Cyber Adviser in 
                coordinating and monitoring the Department's execution 
                of the Program.

    ``(d) <<NOTE: Evaluations.>>  Integration With Other Efforts.--The 
Under Secretary of Defense for Acquisition and Sustainment shall ensure 
that the Program builds upon, and does not duplicate, other efforts of 
the Department of Defense relating to cybersecurity, including the 
following:
            ``(1) The evaluation of cyber vulnerabilities of major 
        weapon systems of the Department of Defense required under 
        section 1647 of the National Defense Authorization Act for 
        Fiscal Year 2016 (Public Law 114-92).
            ``(2) The evaluation of cyber vulnerabilities of Department 
        of Defense critical infrastructure required under section 1650 
        of the National Defense Authorization Act for Fiscal year 2017 
        (Public Law 114-328; 10 U.S.C. 2224 note).
            ``(3) The activities of the cyber protection teams of the 
        Department of Defense.

    ``(e) <<NOTE: Deadline.>>  Briefing.--Not later than December 1, 
2021, the Secretary of Defense shall provide to the congressional 
defense committees a briefing on the establishment of the Program, and 
the plans, funding, and staffing of the Program.''.
SEC. 1713. MODIFICATION OF POSITION OF PRINCIPAL CYBER ADVISOR.

    (a) In General.--Subsection (c) of section 932 of the National 
Defense Authorization Act for Fiscal Year 2014 (Public Law 113-66; 10 
U.S.C. 2224 note) is amended to read as follows:
    ``(c) Principal Cyber Advisor.--
            ``(1) <<NOTE: President.>>  Designation.--The Secretary 
        shall designate a Principal Cyber Advisor from among those 
        civilian officials of the Department of Defense who have been 
        appointed to the positions in which they serve by the President, 
        by and with the advice and consent of the Senate.

[[Page 134 STAT. 4090]]

            ``(2) Responsibilities.--The Principal Cyber Advisor shall 
        be responsible for the following:
                    ``(A) Acting as the principal advisor to the 
                Secretary on military cyber forces and activities.
                    ``(B) Overall integration of Cyber Operations Forces 
                activities relating to cyberspace operations, including 
                associated policy and operational considerations, 
                resources, personnel, technology development and 
                transition, and acquisition.
                    ``(C) Assessing and overseeing the implementation of 
                the cyber strategy of the Department and execution of 
                the cyber posture review of the Department on behalf of 
                the Secretary.
                    ``(D) Coordinating activities pursuant to 
                subparagraphs (A) and (B) of subsection (c)(3) with the 
                Principal Information Operations Advisor, the Chief 
                Information Officer of the Department, and other 
                officials as determined by the Secretary of Defense, to 
                ensure the integration of activities in support of 
                cyber, information, and electromagnetic spectrum 
                operations.
                    ``(E) Such other matters relating to the offensive 
                military cyber forces of the Department as the Secretary 
                shall specify for the purposes of this subsection.
            ``(3) Cross-functional team.--Consistent with section 911 of 
        the National Defense Authorization Act for Fiscal Year 2017 
        (Public Law 114-328; 10 U.S.C. 111 note), the Principal Cyber 
        Advisor shall--
                    ``(A) integrate the cyber expertise and perspectives 
                of appropriate organizations within the Office of the 
                Secretary of Defense, Joint Staff, military departments, 
                the Defense Agencies and Field Activities, and combatant 
                commands, by establishing and maintaining a full-time 
                cross-functional team of subject matter experts from 
                those organizations; and
                    ``(B) select team members, and designate a team 
                leader, from among those personnel nominated by the 
                heads of such organizations.''.

    (b) Designation of Deputy Principal Cyber Advisor.--Section 
905(a)(1) of the National Defense Authorization Act for Fiscal Year 2020 
(Public Law 116-92) <<NOTE: 10 USC 391 note.>>  is amended by striking 
``Under Secretary of Defense for Policy'' and inserting ``Secretary of 
Defense''.
SEC. 1714. CYBERSPACE SOLARIUM COMMISSION.

    Section 1652 of the John S. McCain National Defense Authorization 
Act for Fiscal Year 2019 (Public Law 115-232), <<NOTE: 132 Stat. 
2140.>>  is amended--
            (1) in subsection (b)(1)--
                    (A) in subparagraph (A), by--
                          (i) striking clauses (i) through (iv); and
                          (ii) redesignating clauses (v) through (viii) 
                      as clauses (i) through (iv), respectively; and
                    (B) in subparagraph (B)(i), by striking ``and who 
                are appointed under clauses (iv) through (vii) of 
                subparagraph (A)'';
            (2) in subsection (d)(2), by striking ``Seven'' and 
        inserting ``Six'';

[[Page 134 STAT. 4091]]

            (3) in subsection (h), by--
                    (B) striking ``(1) in general.--''; and
                    (C) striking paragraph (2);
            (4) in subsection (i)(1)(B), by striking ``officers or 
        employees of the United States or''; and
            (5) in subsection (k)(2)--
                    (A) in subparagraph (A)--
                          (i) by striking ``at the end of the 120-day 
                      period beginning on'' and inserting ``20 months 
                      after''; and
                          (ii) by adding at the end the following new 
                      sentence: ``No extension of the Commission is 
                      permitted.'';
                    (B) in subparagraph (B), by--
                          (i) striking ``may use the 120-day'' and 
                      inserting ``shall use the 20-month'';
                          (ii) striking ``for the purposes of concluding 
                      its activities, including providing testimony to 
                      Congress concerning the final report referred to 
                      in that paragraph and disseminating the report'' 
                      and inserting the following: ``for the purposes 
                      of--'':
                          ``(i) collecting and assessing comments and 
                      feedback from the Executive Branch, academia, and 
                      the public on the analysis and recommendations 
                      contained in the Commission's report;
                          ``(ii) collecting and assessing any 
                      developments in cybersecurity that may affect the 
                      analysis and recommendations contained in the 
                      Commission's report;
                          ``(iii) reviewing the implementation of the 
                      recommendations contained in the Commission's 
                      report;
                          ``(iv) revising, amending, or making new 
                      recommendations based on the assessments and 
                      reviews required under clauses (i)-(iii);
                          ``(v) providing an annual update to the 
                      congressional defense committees, the 
                      congressional intelligence committees, the 
                      Committee on Homeland Security of the House of 
                      Representatives, the Committee on Homeland 
                      Security and Governmental Affairs of the Senate, 
                      the Director of National Intelligence, the 
                      Secretary of Defense, and the Secretary of 
                      Homeland Security in a manner and format 
                      determined by the Commission regarding any such 
                      revisions, amendments, or new recommendations; and
                          ``(vi) concluding its activities, including 
                      providing testimony to Congress concerning the 
                      final report referred to in that paragraph and 
                      disseminating the report.''; and
                    (C) by adding at the end the following new 
                subparagraph:
                    ``(C) If the Commission is extended, and the 
                effective date of such extension is after the date on 
                which the Commission terminated, the Commission shall be 
                deemed reconstituted with the same members and powers 
                that existed on the day before such termination date, 
                except that--
                          ``(i) a member of the Commission may serve 
                      only if the member's position continues to be 
                      authorized under subsection (b);

[[Page 134 STAT. 4092]]

                          ``(ii) no compensation or entitlements 
                      relating to a person's status with the Commission 
                      shall be due for the period between the 
                      termination and reconstitution of the Commission;
                          ``(iii) nothing in this subparagraph may be 
                      construed as requiring the extension or 
                      reemployment of any staff member or contractor 
                      working for the Commission;
                          ``(iv) the staff of the Commission shall be--
                                    ``(I) selected by the co-chairs of 
                                the Commission in accordance with 
                                subsection (h)(1);
                                    ``(II) comprised of not more than 
                                four individuals, including a staff 
                                director; and
                                    ``(III) resourced in accordance with 
                                subsection (g)(4)(A);
                          ``(v) with the approval of the co-chairs, may 
                      be provided by contract with a nongovernmental 
                      organization;
                          ``(vi) any unexpended funds made available for 
                      the use of the Commission shall continue to be 
                      available for use for the life of the Commission, 
                      as well as any additional funds appropriated to 
                      the Department of Defense that are made available 
                      to the Commission, provided that the total such 
                      funds does not exceed $1,000,000 from the 
                      reconstitution of the Commission to the completion 
                      of the Commission; and
                          ``(vii) the requirement for an assessment of 
                      the final report in subsection (l) shall be 
                      updated to require every ten months for a period 
                      of 20 months further assessments of the Federal 
                      Government's responses to the Commission's 
                      recommendations contained in such final report.''.
SEC. 1715. ESTABLISHMENT IN DEPARTMENT OF HOMELAND SECURITY OF 
                          JOINT CYBER PLANNING OFFICE.

    (a) Amendment.--Subtitle A of title XXII of the Homeland Security 
Act of 2002 (6 U.S.C. 651 et seq.) is amended by adding at the end the 
following new section:
``SEC. <<NOTE: 6 USC 665b.>>  2215. JOINT CYBER PLANNING OFFICE.

    ``(a) Establishment of Office.--There is established in the Agency 
an office for joint cyber planning (in this section referred to as the 
`Office') to develop, for public and private sector entities, plans for 
cyber defense operations, including the development of a set of 
coordinated actions to protect, detect, respond to, and recover from 
cybersecurity risks or incidents or limit, mitigate, or defend against 
coordinated, malicious cyber operations that pose a potential risk to 
critical infrastructure or national interests. The Office shall be 
headed by a senior official of the Agency selected by the Director.
    ``(b) Planning and Execution.--In leading the development of plans 
for cyber defense operations pursuant to subsection (a), the head of the 
Office shall--
            ``(1) coordinate with relevant Federal departments and 
        agencies to establish processes and procedures necessary to 
        develop and maintain ongoing coordinated plans for cyber defense 
        operations;

[[Page 134 STAT. 4093]]

            ``(2) leverage cyber capabilities and authorities of 
        participating Federal departments and agencies, as appropriate, 
        in furtherance of plans for cyber defense operations;
            ``(3) ensure that plans for cyber defense operations are, to 
        the greatest extent practicable, developed in collaboration with 
        relevant private sector entities, particularly in areas in which 
        such entities have comparative advantages in limiting, 
        mitigating, or defending against a cybersecurity risk or 
        incident or coordinated, malicious cyber operation;
            ``(4) ensure that plans for cyber defense operations, as 
        appropriate, are responsive to potential adversary activity 
        conducted in response to United States offensive cyber 
        operations;
            ``(5) facilitate the exercise of plans for cyber defense 
        operations, including by developing and modeling scenarios based 
        on an understanding of adversary threats to, vulnerability of, 
        and potential consequences of disruption or compromise of 
        critical infrastructure;
            ``(6) coordinate with and, as necessary, support relevant 
        Federal departments and agencies in the establishment of 
        procedures, development of additional plans, including for 
        offensive and intelligence activities in support of cyber 
        defense operations, and creation of agreements necessary for the 
        rapid execution of plans for cyber defense operations when a 
        cybersecurity risk or incident or malicious cyber operation has 
        been identified; and
            ``(7) support public and private sector entities, as 
        appropriate, in the execution of plans developed pursuant to 
        this section.

    ``(c) Composition.--The Office shall be composed of--
            ``(1) a central planning staff; and
            ``(2) appropriate representatives of Federal departments and 
        agencies, including--
                    ``(A) the Department;
                    ``(B) United States Cyber Command;
                    ``(C) the National Security Agency;
                    ``(D) the Federal Bureau of Investigation;
                    ``(E) the Department of Justice; and
                    ``(F) the Office of the Director of National 
                Intelligence.

    ``(d) Consultation.--In carrying out its responsibilities described 
in subsection (b), the Office shall regularly consult with appropriate 
representatives of non-Federal entities, such as--
            ``(1) State, local, federally-recognized Tribal, and 
        territorial governments;
            ``(2) information sharing and analysis organizations, 
        including information sharing and analysis centers;
            ``(3) owners and operators of critical information systems;
            ``(4) private entities; and
            ``(5) other appropriate representatives or entities, as 
        determined by the Secretary.

    ``(e) <<NOTE: Contracts.>>  Interagency Agreements.--The Secretary 
and the head of a Federal department or agency referred to in subsection 
(c) may enter into agreements for the purpose of detailing personnel on 
a reimbursable or non-reimbursable basis.

    ``(f) Definitions.--In this section:
            ``(1) Cyber defense operation.--The term `cyber defense 
        operation' means defensive activities performed for a 
        cybersecurity purpose.

[[Page 134 STAT. 4094]]

            ``(2) Cybersecurity purpose.--The term `cybersecurity 
        purpose' has the meaning given such term in section 102 of the 
        Cybersecurity Act of 2015 (contained in division N of the 
        Consolidated Appropriations Act, 2016 (Public Law 114-113; 6 
        U.S.C. 1501)).
            ``(3) Cybersecurity risk; incident.--The terms 
        `cybersecurity risk' and `incident' have the meanings given such 
        terms in section 2209.
            ``(4) Information sharing and analysis organization.--The 
        term `information sharing and analysis organization' has the 
        meaning given such term in section 2222(5).''.

    (b) Technical and Conforming Amendment.--The table of contents in 
section 1(b) of the Homeland Security Act of 2002 is amended by 
inserting after the item relating to section 2214 the following new 
item:

``Sec. 2215. Joint cyber planning office.''.

SEC. 1716. SUBPOENA AUTHORITY.

    (a) In General.--Section 2209 of the Homeland Security Act of 2002 
(6 U.S.C. 659) is amended--
            (1) in subsection (a)--
                    (A) by redesignating paragraphs (1) through (6) as 
                paragraphs (2) through (7), respectively;
                    (B) by inserting before paragraph (2), as so 
                redesignated, the following new paragraph:
            ``(1) the term `cybersecurity purpose' has the meaning given 
        that term in section 102 of the Cybersecurity Information 
        Sharing Act of 2015 (6 U.S.C. 1501);'';
                    (C) in paragraph (6), as so redesignated, by 
                striking ``and'' at the end;
                    (D) by redesignating paragraph (7), as so 
                redesignated, as paragraph (8); and
                    (E) by inserting after paragraph (6), as so 
                redesignated, the following new paragraph:
            ``(7) the term `security vulnerability' has the meaning 
        given that term in section 102 of the Cybersecurity Information 
        Sharing Act of 2015 (6 U.S.C. 1501); and'';
            (2) in subsection (c)--
                    (A) in paragraph (10), by striking ``and'' at the 
                end;
                    (B) in paragraph (11), by striking the period at the 
                end and inserting ``; and''; and
                    (C) by adding at the end the following new 
                paragraph:
            ``(12) detecting, identifying, and receiving information for 
        a cybersecurity purpose about security vulnerabilities relating 
        to critical infrastructure in information systems and 
        devices.''; and
            (3) by adding at the end the following new subsection:

    ``(o) Subpoena Authority.--
            ``(1) Definition.--In this subsection, the term `covered 
        device or system'--
                    ``(A) means a device or system commonly used to 
                perform industrial, commercial, scientific, or 
                governmental functions or processes that relate to 
                critical infrastructure, including operational and 
                industrial control systems, distributed control systems, 
                and programmable logic controllers; and

[[Page 134 STAT. 4095]]

                    ``(B) does not include personal devices and systems, 
                such as consumer mobile devices, home computers, 
                residential wireless routers, or residential internet 
                enabled consumer devices.
            ``(2) Authority.--
                    ``(A) In general.--If the Director identifies a 
                system connected to the internet with a specific 
                security vulnerability and has reason to believe such 
                security vulnerability relates to critical 
                infrastructure and affects a covered device or system, 
                and the Director is unable to identify the entity at 
                risk that owns or operates such covered device or 
                system, the Director may issue a subpoena for the 
                production of information necessary to identify and 
                notify such entity at risk, in order to carry out a 
                function authorized under subsection (c)(12).
                    ``(B) Limit on information.--A subpoena issued 
                pursuant to subparagraph (A) may seek information--
                          ``(i) only in the categories set forth in 
                      subparagraphs (A), (B), (D), and (E) of section 
                      2703(c)(2) of title 18, United States Code; and
                          ``(ii) for not more than 20 covered devices or 
                      systems.
                    ``(C) <<NOTE: Applicability.>>  Liability 
                protections for disclosing providers.--The provisions of 
                section 2703(e) of title 18, United States Code, shall 
                apply to any subpoena issued pursuant to subparagraph 
                (A).
            ``(3) Coordination.--
                    ``(A) <<NOTE: Procedures. Deadline.>>  In general.--
                If the Director exercises the subpoena authority under 
                this subsection, and in the interest of avoiding 
                interference with ongoing law enforcement 
                investigations, the Director shall coordinate the 
                issuance of any such subpoena with the Department of 
                Justice, including the Federal Bureau of Investigation, 
                pursuant to interagency procedures which the Director, 
                in coordination with the Attorney General, shall develop 
                not later than 60 days after the date of the enactment 
                of this subsection.
                    ``(B) Contents.--The inter-agency procedures 
                developed under this paragraph shall provide that a 
                subpoena issued by the Director under this subsection 
                shall be--
                          ``(i) issued to carry out a function described 
                      in subsection (c)(12); and
                          ``(ii) subject to the limitations specified in 
                      this subsection.
            ``(4) Noncompliance.--If any person, partnership, 
        corporation, association, or entity fails to comply with any 
        duly served subpoena issued pursuant to this subsection, the 
        Director may request that the Attorney General seek enforcement 
        of such subpoena in any judicial district in which such person, 
        partnership, corporation, association, or entity resides, is 
        found, or transacts business.
            ``(5) <<NOTE: Deadline.>>  Notice.--Not later than seven 
        days after the date on which the Director receives information 
        obtained through a subpoena issued pursuant to this subsection, 
        the Director shall notify any entity identified by information 
        obtained pursuant to such subpoena regarding such subpoena and 
        the identified vulnerability.

[[Page 134 STAT. 4096]]

            ``(6) Authentication.--
                    ``(A) In general.--Any subpoena issued pursuant to 
                this subsection shall be authenticated with a 
                cryptographic digital signature of an authorized 
                representative of the Agency, or other comparable 
                successor technology, that allows the Agency to 
                demonstrate that such subpoena was issued by the Agency 
                and has not been altered or modified since such 
                issuance.
                    ``(B) Invalid if not authenticated.--Any subpoena 
                issued pursuant to this subsection that is not 
                authenticated in accordance with subparagraph (A) shall 
                not be considered to be valid by the recipient of such 
                subpoena.
            ``(7) <<NOTE: Deadline.>>  Procedures.--Not later than 90 
        days after the date of the enactment of this subsection, the 
        Director shall establish internal procedures and associated 
        training, applicable to employees and operations of the Agency, 
        regarding subpoenas issued pursuant to this subsection, which 
        shall address the following:
                    ``(A) The protection of and restriction on 
                dissemination of nonpublic information obtained through 
                such a subpoena, including a requirement that the Agency 
                not disseminate nonpublic information obtained through 
                such a subpoena that identifies the party that is 
                subject to such subpoena or the entity at risk 
                identified by information obtained, except that the 
                Agency may share the nonpublic information with the 
                Department of Justice for the purpose of enforcing such 
                subpoena in accordance with paragraph (4), and may share 
                with a Federal agency the nonpublic information of the 
                entity at risk if--
                          ``(i) the Agency identifies or is notified of 
                      a cybersecurity incident involving such entity, 
                      which relates to the vulnerability which led to 
                      the issuance of such subpoena;
                          ``(ii) <<NOTE: Determination.>>  the Director 
                      determines that sharing the nonpublic information 
                      with another Federal department or agency is 
                      necessary to allow such department or agency to 
                      take a law enforcement or national security 
                      action, consistent with the interagency procedures 
                      under paragraph (3)(A), or actions related to 
                      mitigating or otherwise resolving such incident;
                          ``(iii) the entity to which the information 
                      pertains is notified of the Director's 
                      determination, to the extent practicable 
                      consistent with national security or law 
                      enforcement interests, consistent with such 
                      interagency procedures; and
                          ``(iv) the entity consents, except that the 
                      entity's consent shall not be required if another 
                      Federal department or agency identifies the entity 
                      to the Agency in connection with a suspected 
                      cybersecurity incident.
                    ``(B) The restriction on the use of information 
                obtained through such a subpoena for a cybersecurity 
                purpose.
                    ``(C) The retention and destruction of nonpublic 
                information obtained through such a subpoena, 
                including--
                          ``(i) destruction of such information that the 
                      Director determines is unrelated to critical 
                      infrastructure immediately upon providing notice 
                      to the entity pursuant to paragraph (5); and

[[Page 134 STAT. 4097]]

                          ``(ii) destruction of any personally 
                      identifiable information not later than 6 months 
                      after the date on which the Director receives 
                      information obtained through such a subpoena, 
                      unless otherwise agreed to by the individual 
                      identified by the subpoena respondent.
                    ``(D) The processes for providing notice to each 
                party that is subject to such a subpoena and each entity 
                identified by information obtained under such a 
                subpoena.
                    ``(E) The processes and criteria for conducting 
                critical infrastructure security risk assessments to 
                determine whether a subpoena is necessary prior to being 
                issued pursuant to this subsection.
                    ``(F) The information to be provided to an entity at 
                risk at the time of the notice of the vulnerability, 
                which shall include--
                          ``(i) a discussion or statement that 
                      responding to, or subsequent engagement with, the 
                      Agency, is voluntary; and
                          ``(ii) to the extent practicable, information 
                      regarding the process through which the Director 
                      identifies security vulnerabilities.
            ``(8) Limitation on procedures.--The internal procedures 
        established pursuant to paragraph (7) may not require an owner 
        or operator of critical infrastructure to take any action as a 
        result of a notice of vulnerability made pursuant to this Act.
            ``(9) <<NOTE: Deadline.>>  Review of procedures.--Not later 
        than 1 year after the date of the enactment of this subsection, 
        the Privacy Officer of the Agency shall--
                    ``(A) review the internal procedures established 
                pursuant to paragraph (7) to ensure that--
                          ``(i) such procedures are consistent with fair 
                      information practices; and
                          ``(ii) the operations of the Agency comply 
                      with such procedures; and
                    ``(B) <<NOTE: Notification.>>  notify the Committee 
                on Homeland Security and Governmental Affairs of the 
                Senate and the Committee on Homeland Security of the 
                House of Representatives of the results of the review 
                under subparagraph (A).
            ``(10) <<NOTE: Deadline.>>  Publication of information.--Not 
        later than 120 days after establishing the internal procedures 
        under paragraph (7), the Director shall publish information on 
        the website of the Agency regarding the subpoena process under 
        this subsection, including information regarding the following:
                    ``(A) Such internal procedures.
                    ``(B) The purpose for subpoenas issued pursuant to 
                this subsection.
                    ``(C) The subpoena process.
                    ``(D) The criteria for the critical infrastructure 
                security risk assessment conducted prior to issuing a 
                subpoena.
                    ``(E) Policies and procedures on retention and 
                sharing of data obtained by subpoenas.
                    ``(F) <<NOTE: Guidelines.>>  Guidelines on how 
                entities contacted by the Director may respond to notice 
                of a subpoena.

[[Page 134 STAT. 4098]]

            ``(11) Annual reports.--The Director shall annually submit 
        to the Committee on Homeland Security and Governmental Affairs 
        of the Senate and the Committee on Homeland Security of the 
        House of Representatives a report (which may include a 
        classified annex but with the presumption of declassification) 
        on the use of subpoenas issued pursuant to this subsection, 
        which shall include the following:
                    ``(A) A discussion of the following:
                          ``(i) The effectiveness of the use of such 
                      subpoenas to mitigate critical infrastructure 
                      security vulnerabilities.
                          ``(ii) The critical infrastructure security 
                      risk assessment process conducted for subpoenas 
                      issued under this subsection.
                          ``(iii) The number of subpoenas so issued 
                      during the preceding year.
                          ``(iv) To the extent practicable, the number 
                      of vulnerable covered devices or systems mitigated 
                      under this subsection by the Agency during the 
                      preceding year.
                          ``(v) The number of entities notified by the 
                      Director under this subsection, and their 
                      responses, during the preceding year.
                    ``(B) For each subpoena issued pursuant to this 
                subsection, the following:
                          ``(i) Information relating to the source of 
                      the security vulnerability detected, identified, 
                      or received by the Director.
                          ``(ii) Information relating to the steps taken 
                      to identify the entity at risk prior to issuing 
                      the subpoena.
                          ``(iii) A description of the outcome of the 
                      subpoena, including discussion on the resolution 
                      or mitigation of the critical infrastructure 
                      security vulnerability.
            ``(12) Publication of the annual reports.--The Director 
        shall publish a version of the annual report required under 
        paragraph (11) on the website of the Agency, which shall, at a 
        minimum, include the findings described in clauses (iii), (iv), 
        and (v) of subparagraph (A) of such paragraph.
            ``(13) Prohibition on use of information for unauthorized 
        purposes.--Any information obtained pursuant to a subpoena 
        issued under this subsection may not be provided to any other 
        Federal department or agency for any purpose other than a 
        cybersecurity purpose or for the purpose of enforcing a subpoena 
        issued pursuant to this subsection.''.

    (b) <<NOTE: 6 USC 659 note.>>  Rules of Construction.--
            (1) Prohibition on new regulatory authority.--Nothing in 
        this section or the amendments made by this section may be 
        construed to grant the Secretary of Homeland Security, or the 
        head of any another Federal agency or department, any authority 
        to promulgate regulations or set standards relating to the 
        cybersecurity of private sector critical infrastructure that was 
        not in effect on the day before the date of the enactment of 
        this Act.
            (2) Private entities.--Nothing in this section or the 
        amendments made by this section may be construed to require any 
        private entity to--

[[Page 134 STAT. 4099]]

                    (A) request assistance from the Director of the 
                Cybersecurity and Infrastructure Security Agency of the 
                Department of Homeland Security; or
                    (B) implement any measure or recommendation 
                suggested by the Director.
SEC. 1717. CYBERSECURITY STATE COORDINATOR.

    (a) Cybersecurity State Coordinator.--
            (1) In general.--Subtitle A of title XXII of the Homeland 
        Security Act of 2002 (6 U.S.C. 651 et seq.) is amended--
                    (A) in section 2202(c) (6 U.S.C. 652(c))--
                          (i) in paragraph (10), by striking ``and'' at 
                      the end;
                          (ii) by redesignating paragraph (11) as 
                      paragraph (12); and
                          (iii) by inserting after paragraph (10) the 
                      following:
            ``(11) appoint a Cybersecurity State Coordinator in each 
        State, as described in section 2215; and''; and
                    (B) by adding at the end the following new section:
``SEC. 2215. <<NOTE: 6 USC 665c.>>  CYBERSECURITY STATE 
                          COORDINATOR.

    ``(a) Appointment.--The Director shall appoint an employee of the 
Agency in each State, with the appropriate cybersecurity qualifications 
and expertise, who shall serve as the Cybersecurity State Coordinator.
    ``(b) Duties.--The duties of a Cybersecurity State Coordinator 
appointed under subsection (a) shall include--
            ``(1) building strategic public and, on a voluntary basis, 
        private sector relationships, including by advising on 
        establishing governance structures to facilitate the development 
        and maintenance of secure and resilient infrastructure;
            ``(2) serving as the Federal cybersecurity risk advisor and 
        supporting preparation, response, and remediation efforts 
        relating to cybersecurity risks and incidents;
            ``(3) facilitating the sharing of cyber threat information 
        to improve understanding of cybersecurity risks and situational 
        awareness of cybersecurity incidents;
            ``(4) raising awareness of the financial, technical, and 
        operational resources available from the Federal Government to 
        non-Federal entities to increase resilience against cyber 
        threats;
            ``(5) supporting training, exercises, and planning for 
        continuity of operations to expedite recovery from cybersecurity 
        incidents, including ransomware;
            ``(6) serving as a principal point of contact for non-
        Federal entities to engage, on a voluntary basis, with the 
        Federal Government on preparing, managing, and responding to 
        cybersecurity incidents;
            ``(7) assisting non-Federal entities in developing and 
        coordinating vulnerability disclosure programs consistent with 
        Federal and information security industry standards;
            ``(8) assisting State, local, Tribal, and territorial 
        governments, on a voluntary basis, in the development of State 
        cybersecurity plans;
            ``(9) coordinating with appropriate officials within the 
        Agency; and
            ``(10) performing such other duties as determined necessary 
        by the Director to achieve the goal of managing cybersecurity

[[Page 134 STAT. 4100]]

        risks in the United States and reducing the impact of cyber 
        threats to non-Federal entities.

    ``(c) <<NOTE: Consultation.>>  Feedback.--The Director shall consult 
with relevant State, local, Tribal, and territorial officials regarding 
the appointment, and State, local, Tribal, and territorial officials and 
other non-Federal entities regarding the performance, of the 
Cybersecurity State Coordinator of a State.''.
            (2) <<NOTE: Deadlines. 6 USC 665c note.>>  Coordination 
        plan.--Not later than 60 days after the date of the enactment of 
        this Act, the Director of the Cybersecurity and Infrastructure 
        Security Agency of the Department of Homeland Security shall 
        establish and submit to the Committee on Homeland Security and 
        Governmental Affairs in the Senate and the Committee on Homeland 
        Security in the House of Representatives a plan describing the 
        reporting structure and coordination processes and procedures of 
        Cybersecurity State Coordinators within the Cybersecurity and 
        Infrastructure Security Agency under section 2215 of the 
        Homeland Security Act of 2002, as added by paragraph (1)(B).
            (3) Oversight.--The Director of the Cybersecurity and 
        Infrastructure Security Agency of the Department of Homeland 
        Security shall provide to the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on Homeland 
        Security of the House of Representatives a briefing on the 
        placement and efficacy of the Cybersecurity State Coordinators 
        appointed under section 2215 of the Homeland Security Act of 
        2002, as added by paragraph (1)(B), and the coordination plan 
        required under paragraph (2)--
                    (A) not later than one year after the date of 
                enactment of this Act; and
                    (B) not later than two years after providing the 
                first briefing under this paragraph.
            (4) <<NOTE: 6 USC 665c note.>>  Rule of construction.--
        Nothing in this subsection or the amendments made by this 
        subsection may be construed to affect or otherwise modify the 
        authority of Federal law enforcement agencies with respect to 
        investigations relating to cybersecurity incidents.
            (5) Clerical amendment.--The table of contents in section 
        1(b) of the Homeland Security Act of 2002 is amended by 
        inserting after the item relating to section 2214 the following 
        new item:

``Sec. 2215. Cybersecurity State Coordinator.''.

    (b) Stakeholder Outreach and Operational Engagement Strategy and 
Implementation Plan.--
            (1) <<NOTE: Deadline.>>  Strategy.--Not later than one year 
        after the date of the enactment of this Act, the Director of the 
        Cybersecurity and Infrastructure Security Agency of the 
        Department of Homeland Security shall issue a strategy and 
        subsequent implementation plan to improve stakeholder outreach 
        and operational engagement, including the Agency's strategic and 
        operational goals and priorities for carrying out stakeholder 
        engagement activities.
            (2) Contents.--The stakeholder outreach and operational 
        engagement strategy and implementation plan issued pursuant to 
        paragraph (1) shall include the following:
                    (A) A catalogue of the stakeholder engagement 
                services delivered by the Cybersecurity and 
                Infrastructure Security Agency of the Department of 
                Homeland Security, including

[[Page 134 STAT. 4101]]

                the regions of the stakeholder services delivered and 
                the critical infrastructure sectors (as such term is 
                defined in section 2001(3) of the Homeland Security Act 
                of 2002 (6 U.S.C. 601(3)) involved.
                    (B) <<NOTE: Assessment.>>  An assessment of the 
                capacity of programs of the Agency to deploy personnel, 
                including the adequacy of such personnel to meet service 
                requests and the ability of such personnel to engage 
                with and deliver services to stakeholders in urban, 
                suburban, and rural areas.
                    (C) Long-term objectives of such personnel, 
                including training of the workforce to optimize the 
                capabilities of such programs and capacity goals.
                    (D) A description of programs, policies, and 
                activities used to carry out such stakeholder engagement 
                services under subparagraph (A).
                    (E) Resources and personnel necessary to effectively 
                support critical infrastructure owners and operators 
                and, as appropriate, other entities, including non-
                profit organizations, based on current and projected 
                demand for Agency services.
                    (F) Guidance on how outreach to critical 
                infrastructure owners and operators in a region should 
                be prioritized.
                    (G) Plans to ensure that stakeholder engagement 
                personnel of the Agency have a clear understanding of 
                expectations for engagement within each critical 
                infrastructure sector and subsector, whether during 
                steady state or surge capacity.
                    (H) Metrics for measuring how effective stakeholder 
                engagement services under subparagraph (A) are at 
                furthering the Agency's strategic and operational goals 
                and priorities.
                    (I) Mechanisms to track regional engagement by 
                personnel of the Agency with critical infrastructure 
                owners and operators, and how frequently such engagement 
                takes place.
                    (J) Plans for awareness campaigns to familiarize 
                critical infrastructure owners and operators with 
                security resources and support offered by the 
                Cybersecurity and Infrastructure Security Agency.
                    (K) A description of how to prioritize engagement 
                with critical infrastructure sectors based on threat 
                information and the capacity of such sectors to mitigate 
                such threats
                    (L) Projected timelines, benchmarks, and resource 
                requirements to implement the Agency's strategic goals 
                and priorities.
            (3) Stakeholder input.--In issuing the stakeholder outreach 
        and operational engagement strategy required under paragraph 
        (1), the Director of the Cybersecurity and Infrastructure 
        Security Agency of the Department of Homeland Security shall, to 
        the extent practicable, solicit input from stakeholders 
        representing the following:
                    (A) Each of the critical infrastructure sectors.
                    (B) Critical infrastructure owners and operators 
                located in each region in which the Agency maintains a 
                field office.
            (4) Oversight.--Upon issuance of the stakeholder outreach 
        and operational engagement strategy and implementation plan 
        required under paragraph (1), the Director of the Cybersecurity

[[Page 134 STAT. 4102]]

        and Infrastructure Security Agency of the Department of Homeland 
        Security shall submit to the Committee on Homeland Security of 
        the House of Representatives and the Committee on Homeland 
        Security and Governmental Affairs of the Senate such strategy 
        and plan, together with any associated legislative or budgetary 
        proposals relating thereto.
SEC. 1718. CYBERSECURITY ADVISORY COMMITTEE.

    (a) In General.--Subtitle A of title XXII of the Homeland Security 
Act of 2002 (6 U.S.C. 651 et seq.), as amended by section 1715 of this 
Act, is further amended by adding at the end the following new section:
``SEC. 2216. <<NOTE: 6 USC 665e.>>  CYBERSECURITY ADVISORY 
                          COMMITTEE.

    ``(a) Establishment.--The Secretary shall establish within the 
Agency a Cybersecurity Advisory Committee (referred to in this section 
as the `Advisory Committee').
    ``(b) Duties.--
            ``(1) In general.--The Advisory Committee shall advise, 
        consult with, report to, and make recommendations to the 
        Director, as appropriate, on the development, refinement, and 
        implementation of policies, programs, planning, and training 
        pertaining to the cybersecurity mission of the Agency.
            ``(2) Recommendations.--
                    ``(A) In general.--The Advisory Committee shall 
                develop, at the request of the Director, recommendations 
                for improvements to advance the cybersecurity mission of 
                the Agency and strengthen the cybersecurity of the 
                United States.
                    ``(B) Recommendations of subcommittees.--
                Recommendations agreed upon by subcommittees established 
                under subsection (d) for any year shall be approved by 
                the Advisory Committee before the Advisory Committee 
                submits to the Director the annual report under 
                paragraph (4) for that year.
            ``(3) Periodic reports.--The Advisory Committee shall 
        periodically submit to the Director--
                    ``(A) reports on matters identified by the Director; 
                and
                    ``(B) reports on other matters identified by a 
                majority of the members of the Advisory Committee.
            ``(4) Annual report.--
                    ``(A) In general.--The Advisory Committee shall 
                submit to the Director an annual report providing 
                information on the activities, findings, and 
                recommendations of the Advisory Committee, including its 
                subcommittees, for the preceding year.
                    ``(B) <<NOTE: Deadline.>>  Publication.--Not later 
                than 180 days after the date on which the Director 
                receives an annual report for a year under subparagraph 
                (A), the Director shall publish a public version of the 
                report describing the activities of the Advisory 
                Committee and such related matters as would be 
                informative to the public during that year, consistent 
                with section 552(b) of title 5, United States Code.
            ``(5) <<NOTE: Deadline.>>  Feedback.--Not later than 90 days 
        after receiving any recommendation submitted by the Advisory 
        Committee under paragraph (2), (3), or (4), the Director shall 
        respond in writing to the Advisory Committee with feedback on 
        the recommendation. Such a response shall include--

[[Page 134 STAT. 4103]]

                    ``(A) with respect to any recommendation with which 
                the Director concurs, an action plan to implement the 
                recommendation; and
                    ``(B) with respect to any recommendation with which 
                the Director does not concur, a justification for why 
                the Director does not plan to implement the 
                recommendation.
            ``(6) <<NOTE: Deadline. Briefing.>>  Congressional 
        notification.--Not less frequently than once per year after the 
        date of enactment of this section, the Director shall provide to 
        the Committee on Homeland Security and Governmental Affairs and 
        the Committee on Appropriations of the Senate and the Committee 
        on Homeland Security, the Committee on Energy and Commerce, and 
        the Committee on Appropriations of the House of Representatives 
        a briefing on feedback from the Advisory Committee.
            ``(7) Governance rules.--The Director shall establish rules 
        for the structure and governance of the Advisory Committee and 
        all subcommittees established under subsection (d).

    ``(c) Membership.--
            ``(1) Appointment.--
                    ``(A) <<NOTE: Deadline.>>  In general.--Not later 
                than 180 days after the date of enactment of the 
                Cybersecurity Advisory Committee Authorization Act of 
                2020, the Director shall appoint the members of the 
                Advisory Committee.
                    ``(B) Composition.--The membership of the Advisory 
                Committee shall consist of not more than 35 individuals.
                    ``(C) Representation.--
                          ``(i) In general.--The membership of the 
                      Advisory Committee shall satisfy the following 
                      criteria:
                                    ``(I) Consist of subject matter 
                                experts.
                                    ``(II) Be geographically balanced.
                                    ``(III) Include representatives of 
                                State, local, and Tribal governments and 
                                of a broad range of industries, which 
                                may include the following:
                                            ``(aa) Defense.
                                            ``(bb) Education.
                                            ``(cc) Financial services 
                                        and insurance.
                                            ``(dd) Healthcare.
                                            ``(ee) Manufacturing.
                                            ``(ff) Media and 
                                        entertainment.
                                            ``(gg) Chemicals.
                                            ``(hh) Retail.
                                            ``(ii) Transportation.
                                            ``(jj) Energy.
                                            ``(kk) Information 
                                        Technology.
                                            ``(ll) Communications.
                                            ``(mm) Other relevant fields 
                                        identified by the Director.
                          ``(ii) Prohibition.--Not fewer than one member 
                      nor more than three members may represent any one 
                      category under clause (i)(III).
                          ``(iii) <<NOTE: Web 
                      posting. Deadline. Update.>>  Publication of 
                      membership list.--The Advisory Committee shall 
                      publish its membership list on a publicly 
                      available website not less than once per fiscal 
                      year and shall update the membership list as 
                      changes occur.
            ``(2) Term of office.--

[[Page 134 STAT. 4104]]

                    ``(A) Terms.--The term of each member of the 
                Advisory Committee shall be two years, except that a 
                member may continue to serve until a successor is 
                appointed.
                    ``(B) Removal.--The Director may review the 
                participation of a member of the Advisory Committee and 
                remove such member any time at the discretion of the 
                Director.
                    ``(C) Reappointment.--A member of the Advisory 
                Committee may be reappointed for an unlimited number of 
                terms.
            ``(3) Prohibition on compensation.--The members of the 
        Advisory Committee may not receive pay or benefits from the 
        United States Government by reason of their service on the 
        Advisory Committee.
            ``(4) Meetings.--
                    ``(A) <<NOTE: Requirement.>>  In general.--The 
                Director shall require the Advisory Committee to meet 
                not less frequently than semiannually, and may convene 
                additional meetings as necessary.
                    ``(B) Public meetings.--At least one of the meetings 
                referred to in subparagraph (A) shall be open to the 
                public.
                    ``(C) Attendance.--The Advisory Committee shall 
                maintain a record of the persons present at each 
                meeting.
            ``(5) Member access to classified information.--
                    ``(A) <<NOTE: Deadline. Determination.>>  In 
                general.--Not later than 60 days after the date on which 
                a member is first appointed to the Advisory Committee 
                and before the member is granted access to any 
                classified information, the Director shall determine, 
                for the purposes of the Advisory Committee, if the 
                member should be restricted from reviewing, discussing, 
                or possessing classified information.
                    ``(B) Access.--Access to classified materials shall 
                be managed in accordance with Executive Order No. 13526 
                of December 29, 2009 (75 Fed. Reg. 707), or any 
                subsequent corresponding Executive Order.
                    ``(C) Protections.--A member of the Advisory 
                Committee shall protect all classified information in 
                accordance with the applicable requirements for the 
                particular level of classification of such information.
                    ``(D) Rule of construction.--Nothing in this 
                paragraph shall be construed to affect the security 
                clearance of a member of the Advisory Committee or the 
                authority of a Federal agency to provide a member of the 
                Advisory Committee access to classified information.
            ``(6) Chairperson.--The Advisory Committee shall select, 
        from among the members of the Advisory Committee--
                    ``(A) a member to serve as chairperson of the 
                Advisory Committee; and
                    ``(B) a member to serve as chairperson of each 
                subcommittee of the Advisory Committee established under 
                subsection (d).

    ``(d) Subcommittees.--
            ``(1) In general.--The Director shall establish 
        subcommittees within the Advisory Committee to address 
        cybersecurity issues, which may include the following:
                    ``(A) Information exchange.
                    ``(B) Critical infrastructure.
                    ``(C) Risk management.

[[Page 134 STAT. 4105]]

                    ``(D) Public and private partnerships.
            ``(2) <<NOTE: Recommenda- tions.>>  Meetings and 
        reporting.--Each subcommittee shall meet not less frequently 
        than semiannually, and submit to the Advisory Committee for 
        inclusion in the annual report required under subsection (b)(4) 
        information, including activities, findings, and 
        recommendations, regarding subject matter considered by the 
        subcommittee.
            ``(3) Subject matter experts.--The chair of the Advisory 
        Committee shall appoint members to subcommittees and shall 
        ensure that each member appointed to a subcommittee has subject 
        matter expertise relevant to the subject matter of the 
        subcommittee.''.

    (b) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002 (Public Law 107-296; 116 Stat. 2135), 
as so amended, is further amended by inserting after the item relating 
to section 2215 the following new item:

``Sec. 2216. Cybersecurity Advisory Committee.''.

SEC. 1719. CYBERSECURITY EDUCATION AND TRAINING ASSISTANCE 
                          PROGRAM.

    (a) Authorities.--Section 2202(e)(1) of the Homeland Security Act of 
2002 (6 U.S.C. 652(e)(1)) is amended by adding at the end the following 
new subparagraph:
                    ``(R) To encourage and build cybersecurity awareness 
                and competency across the United States and to develop, 
                attract, and retain the cybersecurity workforce 
                necessary for the cybersecurity related missions of the 
                Department, including by--
                          ``(i) overseeing elementary and secondary 
                      cybersecurity education and awareness related 
                      programs at the Agency;
                          ``(ii) leading efforts to develop, attract, 
                      and retain the cybersecurity workforce necessary 
                      for the cybersecurity related missions of the 
                      Department;
                          ``(iii) encouraging and building cybersecurity 
                      awareness and competency across the United States; 
                      and
                          ``(iv) carrying out cybersecurity related 
                      workforce development activities, including 
                      through--
                                    ``(I) increasing the pipeline of 
                                future cybersecurity professionals 
                                through programs focused on elementary 
                                and secondary education, postsecondary 
                                education, and workforce development; 
                                and
                                    ``(II) building awareness of and 
                                competency in cybersecurity across the 
                                civilian Federal Government 
                                workforce.''.

    (b) Education, Training, and Capacity Development.--Section 2202(c) 
of the Homeland Security Act of 2002 (6 U.S.C. 652(c)) is amended--
            (1) in paragraph (10), by striking ``and'' at the end;
            (2) by redesignating paragraph (11) as paragraph (12); and
            (3) by inserting after paragraph (10) the following new 
        paragraph:
            ``(11) provide education, training, and capacity development 
        to Federal and non-Federal entities to enhance the security

[[Page 134 STAT. 4106]]

        and resiliency of domestic and global cybersecurity and 
        infrastructure security; and''.

    (c) Establishment of Training Programs.--Subtitle A of title XXII of 
the Homeland Security Act of 2002 (6 U.S.C. 651 et seq.), as amended by 
sections 1715 and 1718 of this Act, is further amended by adding at the 
end the following new section:
`` <<NOTE: 6 USC 665f.>> SEC. 2217. CYBERSECURITY EDUCATION AND 
                          TRAINING PROGRAMS.

    ``(a) Establishment.--
            ``(1) In general.--The Cybersecurity Education and Training 
        Assistance Program (referred to in this section as `CETAP') is 
        established within the Agency.
            ``(2) Purpose.--The purpose of CETAP shall be to support the 
        effort of the Agency in building and strengthening a national 
        cybersecurity workforce pipeline capacity through enabling 
        elementary and secondary cybersecurity education, including by--
                    ``(A) providing foundational cybersecurity awareness 
                and literacy;
                    ``(B) encouraging cybersecurity career exploration; 
                and
                    ``(C) supporting the teaching of cybersecurity 
                skills at the elementary and secondary education levels.

    ``(b) Requirements.--In carrying out CETAP, the Director shall--
            ``(1) ensure that the program--
                    ``(A) creates and disseminates cybersecurity-focused 
                curricula and career awareness materials appropriate for 
                use at the elementary and secondary education levels;
                    ``(B) conducts professional development sessions for 
                teachers;
                    ``(C) develops resources for the teaching of 
                cybersecurity-focused curricula described in 
                subparagraph (A);
                    ``(D) provides direct student engagement 
                opportunities through camps and other programming;
                    ``(E) engages with State educational agencies and 
                local educational agencies to promote awareness of the 
                program and ensure that offerings align with State and 
                local curricula;
                    ``(F) integrates with existing post-secondary 
                education and workforce development programs at the 
                Department;
                    ``(G) promotes and supports national standards for 
                elementary and secondary cyber education;
                    ``(H) partners with cybersecurity and education 
                stakeholder groups to expand outreach; and
                    ``(I) any other activity the Director determines 
                necessary to meet the purpose described in subsection 
                (a)(2); and
            ``(2) enable the deployment of CETAP nationwide, with 
        special consideration for underserved populations or 
        communities.

    ``(c) Briefings.--
            ``(1) <<NOTE: Deadline.>>  In general.--Not later than 1 
        year after the establishment of CETAP, and annually thereafter, 
        the Secretary shall brief the Committee on Homeland Security and 
        Governmental Affairs of the Senate and the Committee on Homeland 
        Security of the House of Representatives on the program.

[[Page 134 STAT. 4107]]

            ``(2) Contents.--Each briefing conducted under paragraph (1) 
        shall include--
                    ``(A) <<NOTE: Estimate.>>  estimated figures on the 
                number of students reached and teachers engaged;
                    ``(B) information on outreach and engagement 
                efforts, including the activities described in 
                subsection (b)(1)(E);
                    ``(C) information on new curricula offerings and 
                teacher training platforms; and
                    ``(D) information on coordination with post-
                secondary education and workforce development programs 
                at the Department.

    ``(d) Mission Promotion.--The Director may use appropriated amounts 
to purchase promotional and recognition items and marketing and 
advertising services to publicize and promote the mission and services 
of the Agency, support the activities of the Agency, and to recruit and 
retain Agency personnel.''.
    (d) Clerical Amendment.--The table of contents in section 1(b) of 
the Homeland Security Act of 2002, as so amended, is further amended by 
inserting after the item relating to section 2216 the following new 
item:

``Sec. 2217. Cybersecurity Education and Training Programs.''.

SEC. <<NOTE: 10 USC 394 note.>>  1720. FRAMEWORK FOR CYBER HUNT 
                          FORWARD OPERATIONS.

    (a) <<NOTE: Deadline.>>  Framework Required.--Not later than April 
1, 2021, the Secretary of Defense shall develop a standard, 
comprehensive framework to enhance the consistency, execution, and 
effectiveness of cyber hunt forward operations.

    (b) Elements.--The framework developed pursuant to subsection (a) 
shall include the following:
            (1) Identification of the selection criteria for proposed 
        cyber hunt forward operations, including specification of 
        necessary thresholds for the justification of operations and 
        thresholds for partner cooperation.
            (2) The roles and responsibilities of the following 
        organizations in the support of the planning and execution of 
        cyber hunt forward operations:
                    (A) United States Cyber Command.
                    (B) Service cyber components.
                    (C) The Office of the Under Secretary of Defense for 
                Policy.
                    (D) Geographic combatant commands.
                    (E) Cyber Operations-Integrated Planning Elements 
                and Joint Cyber Centers.
                    (F) Embassies and consulates of the United States.
            (3) Pre-deployment planning guidelines to maximize the 
        operational success of each unique operation, including guidance 
        that takes into account the highly variable nature of the 
        following aspects at the tactical level:
                    (A) Team composition, including necessary skillsets, 
                recommended training, and guidelines on team size and 
                structure.
                    (B) Relevant factors to determine mission duration 
                in a country of interest.
                    (C) Agreements with partner countries required pre-
                deployment.
                    (D) Criteria for potential follow-on operations.

[[Page 134 STAT. 4108]]

                    (E) Equipment and infrastructure required to support 
                the missions.
            (4) Metrics to measure the effectiveness of each operation, 
        including means to evaluate the value of discovered malware and 
        infrastructure, the effect on the adversary, and the potential 
        for future engagements with the partner country.
            (5) Roles and responsibilities for United States Cyber 
        Command and the National Security Agency in the analysis of 
        relevant mission data.
            (6) A detailed description of counterintelligence support 
        for cyber hunt forward operations.
            (7) A standardized force presentation model across service 
        components and combatant commands.
            (8) Review of active and reserve component personnel 
        policies to account for deployment and redeployment operations, 
        including the following:
                    (A) Global Force Management.
                    (B) Contingency, Exercise, and Deployment orders to 
                be considered for and applied towards deployment credit 
                and benefits.
            (9) Such other matters as the Secretary determines relevant.

    (c) Briefing.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than May 1, 
        2021, the Secretary of Defense shall provide to the Committee on 
        Armed Services of the Senate and the Committee on Armed Services 
        of the House of Representatives a briefing on the framework 
        developed pursuant to subsection (a).
            (2) Contents.--The briefing required by paragraph (1) shall 
        include the following:
                    (A) An overview of the framework developed pursuant 
                to subsection (a).
                    (B) An explanation of the tradeoffs associated with 
                the use of Department of Defense resources for cyber 
                hunt forward missions in the context of competing 
                priorities.
                    (C) <<NOTE: Recommenda- tions.>>  Such 
                recommendations as the Secretary may have for 
                legislative action to improve the effectiveness of cyber 
                hunt forward missions.
SEC. 1721. RATIONALIZATION AND INTEGRATION OF PARALLEL 
                          CYBERSECURITY ARCHITECTURES AND 
                          OPERATIONS.

    (a) Review Required.--The Commander of United States Cyber Command, 
with support from the Chief Information Officer of the Department of 
Defense, the Chief Data Officer of the Department, the Principal Cyber 
Advisor, the Vice Chairman of the Joint Chiefs of Staff, and the 
Director of Cost Analysis and Program Evaluation, as well as the 
Principal Cyber Advisors and the Chief Information Officers of the 
military services, shall conduct a review of the Cybersecurity Service 
Provider and Cyber Mission Force enterprises.
    (b) Assessment and Identification of Redundancies and Gaps.--The 
review required by subsection (a) shall assess and identify--
            (1) the optimal way to integrate the Joint Cyber Warfighting 
        Architecture and the Cybersecurity Service Provider 
        architectures, associated tools and capabilities, and associated 
        concepts of operations;

[[Page 134 STAT. 4109]]

            (2) redundancies and gaps in network sensor deployment and 
        data collection and analysis for the--
                    (A) Big Data Platform;
                    (B) Joint Regional Security Stacks; and
                    (C) Security Information and Event Management 
                capabilities;
            (3) where integration, collaboration, and interoperability 
        are not occurring that would improve outcomes;
            (4) baseline training, capabilities, competencies, 
        operational responsibilities, and joint concepts of operations 
        for the Joint Force Headquarters for the Department of Defense 
        Information Network, Cybersecurity Service Providers, and Cyber 
        Protection Teams;
            (5) the roles and responsibilities of the Principal Cyber 
        Advisor, Chief Information Officer, and the Commander of United 
        States Cyber Command in establishing and overseeing the 
        baselines assessed and identified under paragraph (4);
            (6) the optimal command structure for the military services' 
        and combatant commands' cybersecurity service providers and 
        cyber protection teams;
            (7) the responsibilities of network owners and cybersecurity 
        service providers in mapping, configuring, instrumenting, and 
        deploying sensors on networks to best support response of cyber 
        protection teams when assigned to defend unfamiliar networks; 
        and
            (8) operational concepts and engineering changes to enhance 
        remote access and operations of cyber protection teams on 
        networks through tools and capabilities of the Cybersecurity 
        Service Providers.

    (c) Recommendations for Fiscal Year 2023 Budget.--The Chief 
Information Officer, the Chief Data Officer, the Commander of United 
States Cyber Command, and the Principal Cyber Advisor shall jointly 
develop recommendations for the Secretary of Defense in preparation of 
the budget justification materials to be submitted to Congress in 
support of the budget for the Department of Defense for fiscal year 2023 
(as submitted with the budget of the President for such fiscal year 
under section 1105(a) of title 31, United States Code).
    (d) <<NOTE: Deadline.>>  Progress Briefing.--Not later than March 
31, 2021, the Chief Information Officer, the Chief Data Officer, the 
Commander of United States Cyber Command, and the Principal Cyber 
Advisor shall jointly provide a briefing to the congressional defense 
committees on the progress made in carrying out this section.
SEC. 1722. ASSESSING RISK TO NATIONAL SECURITY OF QUANTUM 
                          COMPUTING.

    (a) <<NOTE: Deadline.>>  Comprehensive Assessment and 
Recommendations Required.--Not later than December 31, 2021, the 
Secretary of Defense shall--
            (1) complete a comprehensive assessment of the current and 
        potential threats and risks posed by quantum computing 
        technologies to critical national security systems, including--
                    (A) an identification and prioritization of critical 
                national security systems at risk;
                    (B) an assessment of the standards of the National 
                Institute of Standards and Technology for quantum 
                resistant cryptography and the applicability of such 
                standards

[[Page 134 STAT. 4110]]

                to cryptographic requirements of the Department of 
                Defense;
                    (C) an assessment of the feasibility of alternate 
                quantum-resistant algorithms and features; and
                    (D) a description of any funding shortfalls in 
                public and private developmental efforts relating to 
                quantum resistant cryptography, standards, and models; 
                and
            (2) <<NOTE: Recommenda- tions.>>  develop recommendations 
        for research, development, and acquisition activities, including 
        resourcing schedules, for securing the critical national 
        security systems identified pursuant to paragraph (1)(A) against 
        quantum computing code-breaking capabilities.

    (b) <<NOTE: Deadline.>>  Briefing.--Not later than February 1, 2022, 
the Secretary shall brief the congressional defense committees on the 
assessment completed under paragraph (1) of subsection (a) and the 
recommendations developed under paragraph (2) of such subsection.
SEC. <<NOTE: 10 USC 394 note.>>  1723. TAILORED CYBERSPACE 
                          OPERATIONS ORGANIZATIONS.

    (a) Study.--
            (1) <<NOTE: Deadline. Consultation.>>  In general.--Not 
        later than 120 days after the date of the enactment of this Act, 
        the Secretary of the Navy and the Chief of Naval Operations, in 
        consultation with the Commander of United States Cyber Command, 
        shall submit to the congressional defense committees a study of 
        the Navy Cyber Warfare Development Group (NCWDG).
            (2) Elements.--The study required under paragraph (1) shall 
        include the following:
                    (A) <<NOTE: Examination.>>  An examination of 
                NCWDG's structure, manning, authorities, funding, and 
                operations.
                    (B) <<NOTE: Review.>>  A review of organizational 
                relationships--
                          (i) within the Navy; and
                          (ii) to other Department of Defense 
                      organizations, as well as non-Department of 
                      Defense organizations.
                    (C) <<NOTE: Recommenda- tions.>>  Recommendations 
                for how the NCWDG can be strengthened and improved, 
                without growth in size.
                    (D) Such other information as determined necessary 
                or appropriate by the Secretary of the Navy.
            (3) Release.--
                    (A) <<NOTE: Deadline. Briefing.>>  To congress.--Not 
                later than 7 days after completion of the study required 
                under paragraph (1), the Secretary of the Navy shall 
                brief the congressional defense committees on the 
                findings of the study.
                    (B) To service services.-- The Secretary of the Navy 
                shall transmit to the secretaries of the military 
                services and the Assistant Secretary of Defense for 
                Special Operations and Irregular Warfare the study 
                required under paragraph (1).

    (b) Designation.--Notwithstanding any other provision of law, the 
Secretary of the Navy shall designate the NCWDG as a screened command.
    (c) Authority to Replicate.--After review of the study required 
under subsection (a) and consulting the Commander of United States Cyber 
Command in accordance with procedures established by the Secretary of 
Defense, the secretaries of the military services may establish tailored 
cyberspace operations organizations of comparable size to NCWDG within 
the military service, respectively, of each such secretary. Such 
counterpart organizations shall

[[Page 134 STAT. 4111]]

have the same authorities as the NCWDG. On behalf of United States 
Special Operations Command, the Assistant Secretary of Defense for 
Special Operations and Irregular Warfare may authorize a tailored 
cyberspace operations organization within United States Special 
Operations Command of similar size and equivalent authorities as NCWDG.
    (d) <<NOTE: Deadline.>>  Briefing to Congress.--Not later than 180 
days after the date of the enactment of this Act, the secretaries of the 
military services and the Assistant Secretary of Defense for Special 
Operations and Irregular Warfare shall brief the congressional defense 
committees on--
            (1) the utilization of the authority provided pursuant to 
        subsection (c); and
            (2) if appropriate based on such utilization, details on how 
        the military service, respectively, of each such secretary 
        intends to establish tailored cyberspace operations 
        organizations.
SEC. 1724. <<NOTE: 10 USC 2224 note.>>  RESPONSIBILITY FOR 
                          CYBERSECURITY AND CRITICAL 
                          INFRASTRUCTURE PROTECTION OF THE DEFENSE 
                          INDUSTRIAL BASE.

    (a) Critical Infrastructure Defined.--In this section, the term 
``critical infrastructure'' has the meaning given such term in section 
1016(e) of the Uniting and Strengthening America by Providing 
Appropriate Tools Required to Intercept and Obstruct Terrorism (USA 
PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)).
    (b) Designation.--The Secretary of Defense shall designate the 
Principal Cyber Advisor of the Department of Defense as the coordinating 
authority for cybersecurity issues relating to the defense industrial 
base.
    (c) Responsibilities.--As the coordinating authority for 
cybersecurity issues relating to the defense industrial base, the 
Principal Cyber Advisor of the Department of Defense shall synchronize, 
harmonize, de-conflict, and coordinate all policies and programs germane 
to defense industrial base cybersecurity, including the following:
            (1) The Sector Specific Agency functions under Presidential 
        Policy Directive-21 the Department of Defense has assigned to 
        the Under Secretary of Defense for Policy for implementation.
            (2) The Under Secretary of Defense for Acquisition and 
        Sustainment's policies and programs germane to contracting and 
        contractual enforcement as such relate to cybersecurity 
        assessment and assistance, and industrial base health and 
        security.
            (3) The Under Secretary of Defense for Intelligence and 
        Security's policies and programs germane to physical security, 
        information security, industrial security, acquisition security 
        and cybersecurity, all source intelligence, classified threat 
        intelligence sharing related to defense industrial base 
        cybersecurity activities, counterintelligence, and foreign 
        ownership control or influence, including the Defense 
        Intelligence Agency and National Security Agency support 
        provided to the Department of Defense - Defense Industrial Base 
        Collaborative Information Sharing Environment and cyber 
        intrusion damage assessment analysis as part of defense 
        industrial base cybersecurity activities.

[[Page 134 STAT. 4112]]

            (4) The Department of Defense Chief Information Officer's 
        policies and programs for cybersecurity standards and 
        integrating cybersecurity threat intelligence-sharing activities 
        and enhancing Department of Defense and defense industrial base 
        cyber situational awareness.
            (5) The Under Secretary of Defense for Research and 
        Engineering's policies and programs germane to protection 
        planning requirements of emerging technologies as such relate to 
        cybersecurity assessment and assistance, and industrial base 
        health and security.
            (6) Other Department of Defense components' policies and 
        programs germane to the cybersecurity of the defense industrial 
        base, including the policies and programs of the military 
        services and the combatant commands.

    (d) Additional Functions.--In carrying out this section, the 
Principal Cyber Advisor of the Department of Defense shall--
            (1) coordinate or facilitate coordination with relevant 
        Federal departments and agencies, defense industrial base 
        entities, independent regulatory agencies, and with State, 
        local, territorial, and Tribal entities, as appropriate;
            (2) facilitate or coordinate the provision of incident 
        management support to defense industrial base entities, as 
        appropriate;
            (3) facilitate or coordinate the provision of technical 
        assistance to and consultations with defense industrial base 
        entities to identify cyber or cyber-physical vulnerabilities and 
        minimize the damage of potential incidents, as appropriate; and
            (4) support or facilitate the supporting of the statutorily 
        required reporting requirements of such relevant Federal 
        departments and agencies by providing or facilitating the 
        provision to such departments and agencies on an annual basis 
        relevant critical infrastructure information, as appropriate.

    (e) <<NOTE: Deadline. Briefing.>>  Department of Defense Roles and 
Responsibilities.--No later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall brief the 
Committees on Armed Services of the Senate and the House of 
Representatives on the following issues:
            (1) <<NOTE: Plan. Coordination.>>  A plan for implementation 
        of this section, including an assessment of the roles and 
        responsibilities of entities across the Department of Defense 
        and mechanisms and processes for coordination of policy and 
        programs germane to defense industrial base cybersecurity.
            (2) <<NOTE: Analysis.>>  An analysis of the feasibility and 
        advisability of separating cybersecurity Sector Specific Agency 
        functions under Presidential Policy Directive-21 from non-
        cybersecurity Sector Specific Agency functions.
            (3) Regarding the non-cybersecurity Sector Specific Agency 
        functions the Department has assigned to the Under Secretary of 
        Defense for Policy for implementation, the implications of 
        reassigning such responsibilities to the Under Secretary of 
        Defense for Acquisition and Sustainment.
SEC. 1725. <<NOTE: 32 USC 901 note.>>  PILOT PROGRAM ON REMOTE 
                          PROVISION BY NATIONAL GUARD TO NATIONAL 
                          GUARDS OF OTHER STATES OF CYBERSECURITY 
                          TECHNICAL ASSISTANCE IN TRAINING, 
                          PREPARATION, AND RESPONSE TO CYBER 
                          INCIDENTS.

    (a) Pilot Program Authorized.--

[[Page 134 STAT. 4113]]

            (1) In general.--The Secretary of Defense may conduct a 
        pilot program to assess the feasibility and advisability of the 
        development of a capability in support of Department of Defense 
        missions within the National Guard through which a National 
        Guard of a State remotely provides National Guards of other 
        States (whether or not in the same Armed Force as the providing 
        National Guard) with cybersecurity technical assistance in 
        training, preparation, and response to cyber incidents.
            (2) Termination.--The authorization under paragraph (1) to 
        conduct the pilot program expires 24 months after the date of 
        the enactment of this Act.

    (b) Assessment Prior to Commencement.--For purposes of the pilot 
program described in subsection (a), the Secretary of Defense shall, 
prior to commencing the pilot program, for purposes of evaluating 
existing platforms, technologies, and capabilities under subsection (c), 
and for establishing eligibility and participation requirements under 
such subsection--
            (1) conduct an assessment of--
                    (A) existing cyber response capacities of the Army 
                National Guard or Air National Guard, as applicable, in 
                each State; and
                    (B) any existing platform, technology, or capability 
                of a National Guard that provides the capability 
                described in subsection (a)(1);
            (2) <<NOTE: Determination.>>  determine whether a platform, 
        technology, or capability referred to in subparagraph (B) is 
        suitable for expansion for purposes of the pilot program; and
            (3) assess potential benefits or impact on the missions, the 
        Total Force, the Cyber Operations Forces, and the cyber 
        infrastructure of the Department of Defense.

    (c) Elements.--The pilot program described in subsection (a) may 
include the following:
            (1) A technical capability that enables the National Guard 
        of a State to remotely provide cybersecurity technical 
        assistance to National Guards of other States, without the need 
        to deploy outside its home State.
            (2) <<NOTE: Procedures.>>  The development of policies, 
        processes, procedures, and authorities for use of such a 
        capability, including with respect to the following:
                    (A) The roles and responsibilities of both 
                requesting and deploying National Guards with respect to 
                such technical assistance, taking into account the 
                matters specified in subsection (g).
                    (B) Necessary updates to the Defense Cyber Incident 
                Coordinating Procedure, or any other applicable 
                Department of Defense instruction, for purposes of 
                implementing such a capability.
                    (C) Program management and governance structures for 
                deployment and maintenance of such a capability.
                    (D) Security when performing remote support, 
                including in matters such as authentication and remote 
                sensing.
            (3) <<NOTE: Consultation.>>  The conduct, in consultation 
        with the Secretary of Homeland Security and the Director of the 
        Federal Bureau

[[Page 134 STAT. 4114]]

        of Investigation, the heads of other Federal agencies, and 
        appropriate non-Federal entities, as appropriate, of at least 
        one exercise to demonstrate such a capability, which exercise 
        shall include the following:
                    (A) Participation of not fewer than the National 
                Guards of two different States.
                    (B) Circumstances designed to test and validate the 
                policies, processes, procedures, and authorities 
                developed pursuant to paragraph (2).

    (d) Use of Existing Technology.--The Secretary of Defense may use an 
existing platform, technology, or capability to provide the technical 
capability described in subsection (a)(1) under the pilot program.
    (e) <<NOTE: Consultation.>>  Eligibility and Participation 
Requirements.--The Secretary of Defense shall, in consultation with the 
Chief of the National Guard Bureau, establish requirements with respect 
to eligibility and participation of National Guards in the pilot 
program.

    (g) Construction With Certain Current Authorities.--
            (1) Command authorities.--Nothing in this section may be 
        construed as affecting or altering the command authorities 
        otherwise applicable to any unit of the National Guard 
        participating in the pilot program.
            (2) Emergency management assistance compact.--Nothing in 
        this section may be construed as affecting or altering any 
        current agreement under the Emergency Management Assistance 
        Compact, or any other State agreements, or as determinative of 
        the future content of any such agreement.

    (h) Evaluation Metrics.--The Secretary of Defense shall establish 
metrics to evaluate the effectiveness of the pilot program.
    (i) Term.--The pilot program under subsection (b) shall terminate 
not later than the date that is three years after the date of the 
commencement of the pilot program.
    (j) Reports.--
            (1) Initial report.--Not later than 180 days after the date 
        of the commencement of the pilot program, the Secretary of 
        Defense shall submit to the appropriate committees of Congress 
        and the Secretary of Homeland Security an initial report setting 
        forth a description of the pilot program and such other matters 
        in connection with the pilot program as the Secretary considers 
        appropriate.
            (2) Final report.--Not later than 180 days after the 
        termination of the pilot program, the Secretary of Defense shall 
        submit to the appropriate committees of Congress and the 
        Secretary of Homeland Security a final report on the pilot 
        program. The final report shall include the following:
                    (A) A description of the pilot program, including 
                any partnerships entered into under the pilot program.
                    (B) <<NOTE: Summary.>>  A summary of the assessment 
                performed prior to the commencement of the pilot program 
                in accordance with subsection (b).
                    (C) <<NOTE: Summary.>>  A summary of the evaluation 
                metrics established in accordance with subsection (h), 
                including how the pilot program contributes directly to 
                Department of Defense missions.
                    (D) <<NOTE: Assessment.>>  An assessment of the 
                effectiveness of the pilot program, and of the 
                capability described in subsection (c)(1) under the 
                pilot program.

[[Page 134 STAT. 4115]]

                    (E) A description of costs associated with the 
                implementation and conduct of the pilot program.
                    (F) <<NOTE: Recommenda- tion.>>  A recommendation as 
                to the value of the pilot program, including whether to 
                authorize a permanent program modeled on the pilot 
                program, including whether the pilot program duplicates 
                the remote operating concept and capabilities of active 
                duty cyber operations forces.
                    (G) <<NOTE: Estimate costs.>>  An estimate of the 
                costs of making the pilot program permanent and 
                expanding it nationwide in accordance with the 
                recommendation in subparagraph (F).
                    (H) <<NOTE: Recommenda- tions.>>  Such 
                recommendations for legislative or administrative action 
                as the Secretary considers appropriate in light of the 
                pilot program.
            (3) Appropriate committees of congress defined.--In this 
        subsection, the term ``appropriate committees of Congress'' 
        means--
                    (A) the Committee on Armed Services and the 
                Committee on Homeland Security of the House of 
                Representatives; and
                    (B) the Committee on Armed Services and the 
                Committee on Homeland Security and Governmental Affairs 
                of the Senate.

    (k) State Defined.--In this section, the term ``State'' means each 
of the several States, the District of Columbia, the Commonwealth of 
Puerto Rico, American Samoa, Guam, the United States Virgin Islands, and 
the Commonwealth of the Northern Mariana Islands.
SEC. 1726. DEPARTMENT OF DEFENSE CYBER WORKFORCE EFFORTS.

    (a) <<NOTE: 10 USC 1599f note.>>  Resources for Cyber Education.--
            (1) <<NOTE: Consultation.>>  In general.--The Chief 
        Information Officer of the Department of Defense, in 
        consultation with the Director of the National Security Agency 
        (NSA), shall examine the current policies permitting National 
        Security Agency employees to use up to 140 hours of paid time 
        toward NSA's cyber education programs.
            (2) Report.--
                    (A) In general.--Not later than 90 days after the 
                date of the enactment of this Act, the Chief Information 
                Officer shall submit to the congressional defense 
                committees and the congressional intelligence committees 
                a strategy for expanding the policies described in 
                paragraph (1) to--
                          (i) individuals who occupy positions described 
                      in section 1599f of title 10, United States Code; 
                      and
                          (ii) any other individuals who the Chief 
                      Information Officer determines appropriate.
                    (B) Implementation plan.--The report required under 
                subparagraph (A) shall detail the utilization of the 
                policies in place at the National Security Agency, as 
                well as an implementation plan that describes the 
                mechanisms needed to expand the use of such policies to 
                accommodate wider participation by individuals described 
                in such subparagraph. Such implementation plan shall 
                detail how such individuals would be able to connect to 
                the instructional and participatory opportunities 
                available through the efforts, programs, initiatives, 
                and investments accounted

[[Page 134 STAT. 4116]]

                for in the report required under section 1649 of the 
                National Defense Authorization Act for Fiscal Year 2020 
                (Public Law 116-92), including the following programs:
                          (i) GenCyber.
                          (ii) Centers for Academic Excellence - Cyber 
                      Defense.
                          (iii) Centers for Academic Excellence - Cyber 
                      Operations.
                    (C) Deadline.--Not later than 120 days after the 
                submission of the report required under subparagraph 
                (A), the Chief Information Officer of the Department of 
                Defense shall carry out the implementation plan 
                contained in such report.

    (b) <<NOTE: 10 USC 2224 note.>>  Improving the Training With 
Industry Program.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 120 
        days after the date of the enactment of this Act, the Principal 
        Cyber Advisor of the Department of Defense, in consultation with 
        the Principal Cyber Advisors of the military services and the 
        Under Secretary of Defense for Personnel and Readiness, shall 
        submit to the Secretary of Defense and the congressional defense 
        committees a review of the current utilization and utility of 
        the Training With Industry (TWI) programs, including relating to 
        the following:
                    (A) <<NOTE: Recommenda- tions.>>  Recommendations 
                regarding how to improve and better utilize such 
                programs, including regarding individuals who have 
                completed such programs.
                    (B) <<NOTE: Plan.>>  An implementation plan to carry 
                out such recommendations.
            (2) <<NOTE: Deadline. Notification. Determinations.>>  
        Additional.--Not later than 90 days after the submission of the 
        report required under paragraph (1), the Secretary of Defense 
        shall carry out such elements of the implementation plan 
        required under paragraph (1)(B) as the Secretary considers 
        appropriate and notify the congressional defense committees of 
        the determinations of the Secretary relating thereto.

    (c) Alignment of Cybersecurity Training Programs.--
            (1) <<NOTE: Reports.>>  In general.--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 containing recommendations on how cybersecurity training 
        programs described in section 1649 of the National Defense 
        Authorization Act for Fiscal Year 2020 can be better aligned and 
        harmonized.
            (2) <<NOTE: Recommenda- tions.>>  Report.--The report 
        required under paragraph (1) shall provide recommendations 
        concerning the following topics and information:
                    (A) Developing a comprehensive mechanism for 
                utilizing and leveraging the Cyber Excepted Service 
                workforce of the Department of Defense referred to in 
                subsection (a), as well as mechanisms for military 
                participation.
                    (B) Unnecessary redundancies in such programs, or in 
                any related efforts, initiatives, or investments.
                    (C) Mechanisms for tracking participation and 
                transition of participation from one such program to 
                another.
                    (D) Department level oversight and management of 
                such programs.
            (3) Cyber workforce pipeline and early childhood 
        education.--

[[Page 134 STAT. 4117]]

                    (A) Elements.--The Secretary of Defense shall, when 
                completing the report required under paragraph (1), take 
                into consideration existing Federal childhood cyber 
                education programs, including the programs identified in 
                the report required under section 1649 of the National 
                Defense Authorization Act for Fiscal Year 2020 (Public 
                Law 116-92) and the Department of Homeland Security's 
                Cybersecurity Education and Training Assistance Program 
                (CETAP), that can provide opportunities to military-
                connected students and members of the Armed Forces to 
                pursue cyber careers.
                    (B) Definition.--In this paragraph, the term 
                ``military-connected student'' means an individual who--
                          (i) is a dependent a member of the Armed 
                      Forces serving on active duty; and
                          (ii) is enrolled in a preschool, an elementary 
                      or secondary school, or an institution of higher 
                      education.
SEC. <<NOTE: 10 USC 2224 note.>>  1727. REPORTING REQUIREMENTS FOR 
                          CROSS DOMAIN INCIDENTS AND EXEMPTIONS TO 
                          POLICIES FOR INFORMATION TECHNOLOGY.

    (a) Incident Reporting.--
            (1) <<NOTE: Effective date.>>  In general.--Effective 
        beginning on the date of the enactment of this Act, the 
        Secretary of Defense and the secretaries of the military 
        services shall submit to the congressional defense committees a 
        monthly report in writing that documents each instance or 
        indication of a cross-domain incident within the Department of 
        Defense.
            (2) Procedures.--The Secretary of Defense shall submit to 
        the congressional defense committees procedures for complying 
        with the requirements of paragraph (1) consistent with the 
        national security of the United States and the protection of 
        operational integrity. <<NOTE: Notification. Time period.>>  The 
        Secretary shall promptly notify such committees in writing of 
        any changes to such procedures at least 14 days prior to the 
        adoption of any such changes.
            (3) Definition.--In this subsection, the term ``cross domain 
        incident'' means any unauthorized connection of any duration 
        between software, hardware, or both that is either used on, or 
        designed for use on a network or system built for classified 
        data, and systems not accredited or authorized at the same or 
        higher classification level, including systems on the public 
        internet, regardless of whether the unauthorized connection is 
        later determined to have resulted in the exfiltration, exposure, 
        or spillage of data across the cross domain connection.

    (b) Exemptions to Policy for Information Technology.--Not later than 
six months after the date of the enactment of this Act and biannually 
thereafter, the Secretary of Defense and the secretaries of the military 
services shall submit to the congressional defense committees a report 
in writing that enumerates and details each current exemption to 
information technology policy, interim Authority To Operate (ATO) order, 
or both. Each such report shall include other relevant information 
pertaining to each such exemption, including relating to the following:
            (1) Risk categorization.
            (2) Duration.
            (3) Estimated time remaining.

[[Page 134 STAT. 4118]]

SEC. 1728. ASSESSING PRIVATE-PUBLIC COLLABORATION IN 
                          CYBERSECURITY.

    (a) Requirement.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense shall--
            (1) <<NOTE: Review.>>  conduct a review and assessment of 
        any ongoing public-private collaborative initiatives involving 
        the Department of Defense and the private sector related to 
        cybersecurity and defense of critical infrastructure, 
        including--
                    (A) the United States Cyber Command's Pathfinder 
                initiative and any derivative initiative;
                    (B) the Department's support to and integration with 
                existing Federal cybersecurity centers and 
                organizations; and
                    (C) comparable initiatives led by other Federal 
                departments or agencies that support long-term public-
                private cybersecurity collaboration; and
            (2) <<NOTE: Recommenda- tions.>>  make recommendations for 
        improvements and the requirements and resources necessary to 
        institutionalize and strengthen the initiatives described in 
        subparagraphs (A) through (C) of paragraph (1).

    (b) Report.--
            (1) In general.--The Secretary of Defense shall submit to 
        the congressional defense committees a report on the review, 
        assessment, and recommendations under subsection (a).
            (2) Form.--The report required under paragraph (1) may be 
        submitted in unclassified or classified form, as necessary.

    (c) Definition.--In this section, the term ``critical 
infrastructure'' has the meaning given such term in section 1016(e) of 
the Uniting and Strengthening America by Providing Appropriate Tools 
Required to Intercept and Obstruct Terrorism (USA PATRIOT ACT) Act of 
2001 (42 U.S.C. 5195c(e)).
SEC. <<NOTE: 32 USC 901 note.>>  1729. CYBER CAPABILITIES AND 
                          INTEROPERABILITY OF THE NATIONAL GUARD.

    (a) Evaluation.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date of the enactment of this Act, the Secretary 
        of Defense shall submit to the congressional defense committees, 
        the Committee on Homeland Security and Governmental Affairs of 
        the Senate, and the Committee on Homeland Security of the House 
        of Representatives an evaluation of the statutes, rules, 
        regulations and standards that pertain to the use of the 
        National Guard for the response to and recovery from significant 
        cyber incidents.
            (2) <<NOTE: Consultation. Determinations.>>  Consideration 
        of inputs.--In conducting the evaluation under paragraph (1), 
        the Secretary of Defense shall consult with the Secretary of 
        Homeland Security and may solicit and consider inputs from the 
        following:
                    (A) The heads of Federal agencies determined 
                appropriate by the Secretary of Defense.
                    (B) State governors.
                    (C) The heads of other non-Federal entities as 
                determined appropriate by the Secretary of Defense.

    (b) Elements of Evaluation.--The evaluation required under 
subsection (a) shall include review of the following:
            (1) Regulations promulgated under section 903 of title 32, 
        United States Code, to clarify when and under what conditions

[[Page 134 STAT. 4119]]

        the National Guard could respond to a cyber attack as a homeland 
        defense activity under section 902 of such title.
            (2) Guidance promulgated regarding how units of the National 
        Guard shall collaborate with relevant civil, law enforcement, 
        and cybersecurity agencies when conducting a homeland defense 
        activity under section 902 of title 32, United States Code.

    (c) <<NOTE: Determination.>>  Update to Certain Regulations and 
Guidance.--If the Secretary of Defense determines such is appropriate 
based on the evaluation required under subsection (a) and the review 
described in subsection (b), the Secretary shall update--
            (1) the regulations referred to in subsection (b)(1); and
            (2) the guidance referred to in subsection (b)(2).

    (d) <<NOTE: Coordination.>>  Update to the National Cyber Incident 
Response Plan.--Not later than 270 days after the date of the enactment 
of this Act, the Secretary of Homeland Security, in coordination with 
the Secretary of Defense, may update the National Cyber Incident 
Response Plan to address any changes made by the Secretary of Defense to 
the roles and responsibilities of the National Guard for the response to 
and recovery from significant cyber incidents.

    (e) <<NOTE: Deadline.>>  Joint Briefings.--Not later than 300 days 
after the date of the enactment of this Act, the Secretary of Defense 
and the Secretary of Homeland Security shall jointly brief the 
congressional defense committees, the Committee on Homeland Security and 
Governmental Affairs of the Senate and the Committee on Homeland 
Security of the House of Representatives on the following:
            (1) The results of the evaluation required under subsection 
        (a)(1), including the utilization of any input provided to the 
        Secretary of Defense pursuant to subsection (a)(2).
            (2) Any updated regulations or guidance in accordance with 
        subsection (c).
            (3) Any update by the Secretary of Homeland Security to the 
        National Cyber Incident Response Plan pursuant to subsection 
        (d).
            (4) How the Department of Defense, including the National 
        Guard, and the Department of Homeland Security, including the 
        Cybersecurity and Infrastructure Security Agency and the Federal 
        Emergency Management Agency, will collaborate with each other 
        and with relevant law enforcement, State governments, and other 
        non-Federal entities when responding to and recovering from 
        significant cyber incidents.

    (f) Definition.--The term ``significant cyber incident'' means a 
cyber incident that results, or several related cyber incidents that 
result, in demonstrable harm to--
            (1) the national security interests, foreign relations, or 
        economy of the United States; or
            (2) the public confidence, civil liberties, or public health 
        and safety of the American people.
SEC. 1730. EVALUATION OF NON-TRADITIONAL CYBER SUPPORT TO THE 
                          DEPARTMENT OF DEFENSE.

    (a) <<NOTE: Deadline.>>  Requirement.--Not later than 270 days after 
the date of the enactment of this Act, the Principal Cyber Advisor to 
the Secretary of Defense, in conjunction with the Under Secretary for 
Personnel and Readiness of the Department of Defense and the Principal 
Cyber Advisors of the military services, shall submit

[[Page 134 STAT. 4120]]

to the congressional defense committees an evaluation of reserve models 
tailored to the support of cyberspace operations for the Department.

    (b) <<NOTE: Assessment.>>  Elements.--The evaluation conducted under 
subsection (a) shall include assessment of the following:
            (1) The capabilities and deficiencies in military and 
        civilian personnel with needed cybersecurity expertise, and the 
        quantity of personnel with such expertise, within the 
        Department.
            (2) The potential for a uniformed, civilian, or mixed cyber 
        reserve force to remedy shortfalls in expertise and capacity.
            (3) The ability of the Department to attract the personnel 
        with the desired expertise to either a uniformed or civilian 
        cyber reserve force.
            (4) The number of personnel, their skills, additional 
        infrastructure required, funding, and the composition of a cyber 
        reserve force that would be required to meet the needs of the 
        Department.
            (5) Alternative models for establishing a cyber reserve 
        force, including the following:
                    (A) A traditional uniformed military reserve 
                component.
                    (B) A nontraditional uniformed military reserve 
                component, with respect to drilling and other 
                requirements such as grooming and physical fitness.
                    (C) Nontraditional civilian cyber reserve options.
                    (D) Hybrid options.
                    (E) Models of reserve support used by international 
                allies and partners.
            (6) The impact each of the cyber reserve models would have 
        on active duty and existing reserve forces, including the 
        following:
                    (A) Recruiting.
                    (B) Promotion.
                    (C) Retention.
                    (D) Relocation.
            (7) The impact each of the cyber reserve models would have 
        on the Cyber Operations Forces total force, including the 
        following:
                    (A) Cyber operations forces training.
                    (B) Cyber operations forces individual and unit 
                readiness.
                    (C) Cyber operations forces training ranges and 
                cyber warfighting architectures.
                    (D) Infrastructure supporting Cyber Operations 
                Forces.
            (8) The impact each of the cyber reserve models would have 
        on the private sector, particularly during and immediately after 
        a major cyber incident.
            (9) An evaluation of work conducted to date by the 
        Department of Defense in response to the 2014 Report of the 
        Reserve Forces Policy Board on Department of Defense Cyber 
        Approach: Use of the National Guard and Reserve in the Cyber 
        Mission Force.
SEC. 1731. INTEGRATED CYBERSECURITY CENTER PLAN.

    (a) <<NOTE: Deadline.>>  In General.--Not later than one year after 
the date of the enactment of this Act, the Secretary of Homeland 
Security, in coordination with the Secretary of Defense, the Attorney 
General,

[[Page 134 STAT. 4121]]

the Director of the Federal Bureau of Investigation, and the Director of 
National Intelligence, shall submit to the relevant congressional 
committees a report on Federal cybersecurity centers and the potential 
for better coordination of Federal cybersecurity efforts at an 
integrated cybersecurity center within the Cybersecurity and 
Infrastructure Security Agency of the Department of Homeland Security in 
furtherance of the functions specified in section 2209 of the Homeland 
Security Act of 2002 (6 U.S.C. 659).

    (b) Contents.--To prepare the report required by subsection (a), the 
Secretary of Homeland Security shall aggregate information from 
components of the Department of Homeland Security with information 
provided to the Secretary of Homeland Security by the Secretary of 
Defense, the Attorney General, the Director of the Federal Bureau of 
Investigation, and the Director of National Intelligence. Such 
aggregated information shall relate to the following topics:
            (1) Any challenges regarding capacity and funding identified 
        by the Secretary of Homeland Security, the Director of the 
        Federal Bureau of Investigation, the Attorney General, the 
        Secretary of Defense, and the Director of National Intelligence 
        that negatively impact coordination with the Cybersecurity and 
        Infrastructure Security Agency of the Department of Homeland 
        Security in furtherance of the security and resilience of 
        critical infrastructure.
            (2) Distinct statutory authorities identified by the 
        Secretary of Homeland Security, the Attorney General, the 
        Director of the Federal Bureau of Investigation, the Secretary 
        of Defense, or the Director of National Intelligence that should 
        not be leveraged by an integrated cybersecurity center within 
        the Cybersecurity and Infrastructure Security Agency.
            (3) Any challenges associated with effective mission 
        coordination and deconfliction between the Cybersecurity and 
        Infrastructure Security Agency of the Department of Homeland 
        Security and other Federal agencies that could be addressed with 
        the creation of an integrated cybersecurity center within the 
        Cybersecurity and Infrastructure Security Agency.
            (4) How capabilities or missions of existing Federal cyber 
        centers could benefit from greater integration or collocation to 
        support cybersecurity collaboration with critical infrastructure 
        at an integrated cybersecurity center within the Cybersecurity 
        and Infrastructure Security Agency, including the following 
        Federal cyber centers:
                    (A) The National Security Agency's Cyber Threat 
                Operations Center.
                    (B) United States Cyber Command's Joint Operations 
                Center.
                    (C) Elements of the Office of the Director of 
                National Intelligence, as determined appropriate by the 
                Director
                    (D) The Federal Bureau of Investigation's National 
                Cyber Investigative Joint Task Force.
                    (E) The Department of Defense's Defense Cyber Crime 
                Center.

    (c) Elements.--The report required under subsection (a) shall--
            (1) identify any challenges regarding the Cybersecurity and 
        Infrastructure Security Agency's current authorities, structure, 
        resources, funding, ability to recruit and retain its workforce,

[[Page 134 STAT. 4122]]

        or interagency coordination that negatively impact the ability 
        of the Agency to fulfill its role as the central coordinator for 
        critical infrastructure cybersecurity and resilience pursuant to 
        its authorities under the Homeland Security Act of 2002, and 
        information on how establishing an integrated cybersecurity 
        center within the Cybersecurity and Infrastructure Security 
        Agency would address such challenges;
            (2) identify any facility needs for the Cybersecurity and 
        Infrastructure Security Agency to adequately host personnel, 
        maintain sensitive compartmented information facilities, and 
        other resources to serve as the primary coordinating body 
        charged with forging whole-of-government, public-private 
        collaboration in cybersecurity, pursuant to such authorities;
            (3) identify any lessons from national-level efforts by 
        United States allies, such as the United Kingdom's National 
        Cyber Security Centre, to determine whether an integrated 
        cybersecurity center within the Cybersecurity and Infrastructure 
        Security Agency should be similarly organized into an 
        unclassified environment and a classified environment;
            (4) <<NOTE: Recommenda- tions.>>  recommend any changes to 
        procedures and criteria for increasing and expanding the 
        participation and integration of public- and private-sector 
        personnel into Federal cyber defense and security efforts, 
        including continuing limitations or hurdles in the security 
        clearance program for private sector partners and integrating 
        private sector partners into a Cybersecurity and Infrastructure 
        Security Agency integrated cyber center; and
            (5) propose policies, programs, or practices that could 
        overcome challenges identified in the aggregated information 
        under subsection (b), including the potential creation of an 
        integrated cybersecurity center within the Cybersecurity and 
        Infrastructure Security Agency, accompanied by legislative 
        proposals, as appropriate.

    (d) Plan.--Upon submitting the report pursuant to subsection (a), 
the Secretary of Homeland Security, in coordination with the Secretary 
of Defense, the Attorney General, the Director of the Federal Bureau of 
Investigation, and the Director of National Intelligence, may submit to 
the relevant congressional committees a plan to establish an integrated 
cybersecurity center within the Cybersecurity and Infrastructure 
Security Agency, if appropriate, or to implement other mechanisms for 
improving cybersecurity coordination among the Federal cyber centers 
specified in subsection (b)(4).
    (e) Privacy Review.--The Privacy Officers of the Department of 
Homeland Security, the Department of Defense, the Department of Justice, 
and the Federal Bureau of Investigation, and the Director of National 
Intelligence shall review and provide to the relevant congressional 
committees comment, as appropriate, on each report and legislative 
proposal submitted under this section.
    (f) Definition.--In this section, the term ``relevant congressional 
committees'' means--
            (1) in the House of Representatives--
                    (A) the Committee on Armed Services;
                    (B) the Committee on the Judiciary;
                    (C) the Permanent Select Committee on Intelligence; 
                and
                    (D) the Committee on Homeland Security; and

[[Page 134 STAT. 4123]]

            (2) in the Senate--
                    (A) the Committee on Armed Services;
                    (B) the Committee on the Judiciary;
                    (C) the Select Committee on Intelligence; and
                    (D) the Committee on Homeland Security and 
                Governmental Affairs.
SEC. 1732. ASSESSMENT OF CYBER OPERATIONAL PLANNING AND 
                          DECONFLICTION POLICIES AND PROCESSES.

    (a) <<NOTE: Deadline. Coordination.>>  Assessment.--Not later than 
August 1, 2021, the Principal Cyber Advisor of the Department of Defense 
and the Commander of United States Cyber Command shall jointly, in 
coordination with the Under Secretary of Defense for Policy, the Under 
Secretary of Defense for Intelligence and Security, and the Chairman of 
the Joint Chiefs of Staff, conduct and complete an assessment on the 
operational planning and deconfliction policies and processes that 
govern cyber operations of the Department of Defense.

    (b) <<NOTE: Evaluations.>>  Elements.--The assessment required by 
subsection (a) shall include evaluations as to whether--
            (1) the joint targeting cycle and relevant operational and 
        targeting databases are suitable for the conduct of timely and 
        well-coordinated cyber operations;
            (2) each of the policies and processes in effect to 
        facilitate technical, operational, and capability deconfliction 
        are appropriate for the conduct of timely and effective cyber 
        operations;
            (3) intelligence gain-loss decisions made by Cyber Command 
        are sufficiently well-informed and made in timely fashion;
            (4) relevant intelligence data and products are consistently 
        available and distributed to relevant planning and operational 
        elements in Cyber Command;
            (5) collection operations and priorities meet the 
        operational requirements of Cyber Command; and
            (6) authorities relevant to intelligence, surveillance, and 
        reconnaissance and operational preparation of the environment 
        are delegated to the appropriate level.

    (c) <<NOTE: Deadline.>>  Briefing.--Not later than September 1, 
2021, the Principal Cyber Advisor and the Commander of United States 
Cyber Command shall provide to the Committee on Armed Services of the 
Senate and the Committee on Armed Services of the House of 
Representatives a briefing on the findings of the assessment completed 
under subsection (a), including discussion of planned policy and process 
changes, if any, relevant to cyber operations.
SEC. <<NOTE: 10 USC 2224 note.>>  1733. PILOT PROGRAM ON 
                          CYBERSECURITY CAPABILITY METRICS.

    (a) <<NOTE: Assessment.>>  Pilot Program Required.--The Secretary of 
Defense, acting through the Chief Information Officer of the Department 
of Defense and the Commander of United States Cyber Command, shall 
conduct a pilot program to assess the feasibility and advisability of 
developing and using speed-based metrics to measure the performance and 
effectiveness of security operations centers and cyber security service 
providers in the Department of Defense.

    (b) Requirements.--
            (1) <<NOTE: Deadline.>>  Development of metrics.--(A) Not 
        later than July 1, 2021, the Chief Information Officer and the 
        Commander shall jointly develop metrics described in subsection 
        (a) to carry out the pilot program under such subsection.

[[Page 134 STAT. 4124]]

                    (B) The Chief Information Officer and the Commander 
                shall ensure that the metrics developed under 
                subparagraph (A) are commensurate with the 
                representative timelines of nation-state and non-nation-
                state actors when gaining access to, and compromising, 
                Department networks.
            (2) <<NOTE: Deadline.>>  Use of metrics.--(A) Not later than 
        December 1, 2021, the Secretary shall, in carrying out the pilot 
        program required by subsection (a), begin using the metrics 
        developed under paragraph (1) of this subsection to assess 
        select security operations centers and cyber security service 
        providers, which the Secretary shall select specifically for 
        purposes of the pilot program, for a period of not less than 
        four months.
                    (B) <<NOTE: Evaluation.>>  In carrying out the pilot 
                program under subsection (a), the Secretary shall 
                evaluate the effectiveness of operators, capabilities 
                available to operators, and operators' tactics, 
                techniques, and procedures.

    (c) <<NOTE: Assessments.>>  Authorities.--In carrying out the pilot 
program under subsection (a), the Secretary may--
            (1) assess select security operations centers and cyber 
        security service providers--
                    (A) over the course of their mission performance; or
                    (B) in the testing and accreditation of 
                cybersecurity products and services on test networks 
                designated pursuant to section 1658 of the National 
                Defense Authorization Act for Fiscal Year 2020 (Public 
                Law 116-92); and
            (2) assess select elements' use of security orchestration 
        and response technologies, modern endpoint security 
        technologies, Big Data Platform instantiations, and technologies 
        relevant to zero trust architectures.

    (d) Briefing.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than March 
        1, 2022, the Secretary shall brief the Committee on Armed 
        Services of the Senate and the Committee on Armed Services of 
        the House of Representatives on the findings of the Secretary 
        with respect to the pilot program required by subsection (a).
            (2) <<NOTE: Analysis.>>  Elements.--The briefing provided 
        under paragraph (1) shall include the following:
                    (A) The pilot metrics developed under subsection 
                (b)(1).
                    (B) The findings of the Secretary with respect to 
                the assessments carried out under subsection (b)(2).
                    (C) An analysis of the utility of speed-based 
                metrics in assessing security operations centers and 
                cyber security service providers.
                    (D) An analysis of the utility of the extension of 
                the pilot metrics to or speed-based assessment of the 
                Cyber Mission Forces.
                    (E) <<NOTE: Assessment.>>  An assessment of the 
                technical and procedural measures that would be 
                necessary to meet the speed-based metrics developed and 
                applied in the pilot program.
SEC. 1734. ASSESSMENT OF EFFECT OF INCONSISTENT TIMING AND USE OF 
                          NETWORK ADDRESS TRANSLATION IN 
                          DEPARTMENT OF DEFENSE NETWORKS.

    (a) <<NOTE: Deadline.>>  In General.--Not later than March 1, 2021, 
the Chief Information Officer of the Department of Defense shall conduct 
comprehensive assessments as follows:

[[Page 134 STAT. 4125]]

            (1) Timing variability in department networks.--The Chief 
        Information Officer shall characterize--
                    (A) timing variability across Department information 
                technology and operational technology networks, 
                appliances, devices, applications, and sensors that 
                generate time-stamped data and metadata used for 
                cybersecurity purposes;
                    (B) how timing variability affects current, planned, 
                and potential capabilities for detecting network 
                intrusions that rely on correlating events and the 
                sequence of events; and
                    (C) how to harmonize standard of timing across 
                Department networks.
            (2) Use of network address translation.--The Chief 
        Information Officer shall characterize--
                    (A) why and how the Department is using Network 
                Address Translation (NAT) and multiple layers and 
                nesting of Network Address Translation;
                    (B) how using Network Address Translation affects 
                the ability to link malicious communications detected at 
                various network tiers to specific endpoints or hosts to 
                enable prompt additional investigations, quarantine 
                decisions, and remediation activities; and
                    (C) what steps and associated cost and schedule are 
                necessary to eliminate the use of Network Address 
                Translation or to otherwise provide transparency to 
                network defenders, including options to accelerate the 
                transition from Internet Protocol version 4 to Internet 
                Protocol version 6.

    (b) Recommendation.--The Chief Information Officer and the Principal 
Cyber Advisor shall submit to the Secretary of Defense a recommendation 
to address the assessments conducted under subsection (a), including 
whether and how to revise the cyber strategy of the Department.
    (c) <<NOTE: Deadline.>>  Briefing.--Not later than April 1, 2021, 
the Chief Information Officer shall brief the congressional defense 
committees on the findings of the Chief Information Officer with respect 
to the assessments conducted under subsection (a) and the recommendation 
submitted under subsection (b).
SEC. <<NOTE: 10 USC 2224 note.>>  1735. INTEGRATION OF DEPARTMENT 
                          OF DEFENSE USER ACTIVITY MONITORING AND 
                          CYBERSECURITY.

    (a) Integration of Plans, Capabilities, and Systems.--The Secretary 
of Defense shall integrate the plans, capabilities, and systems for user 
activity monitoring, and the plans, capabilities, and systems for 
endpoint cybersecurity and the collection of metadata on network 
activity for cybersecurity to enable mutual support and information 
sharing.
    (b) Requirements.--In carrying out subsection (a), the Secretary 
shall--
            (1) consider using the Big Data Platform instances that host 
        cybersecurity metadata for storage and analysis of all user 
        activity monitoring data collected across the Department of 
        Defense Information Network at all security classification 
        levels;

[[Page 134 STAT. 4126]]

            (2) <<NOTE: Procedures.>>  develop policies and procedures 
        governing access to user activity monitoring data or data 
        derived from user activity monitoring by cybersecurity 
        operators; and
            (3) develop processes and capabilities for using metadata on 
        host and network activity for user activity monitoring in 
        support of the insider threat mission.

    (c) <<NOTE: Deadline.>>  Congressional Briefing.--Not later than 
October 1, 2021, the Secretary shall provide a briefing to the 
congressional defense committees on actions taken to carry out this 
section.
SEC. 1736. DEFENSE INDUSTRIAL BASE CYBERSECURITY SENSOR 
                          ARCHITECTURE PLAN.

    (a) Defense Industrial Base Cybersecurity Sensor Architecture 
Program Assessment.-- <<NOTE: Deadline. Consultation.>> Not later than 
180 days after the date of the enactment of this Act, the Principal 
Cyber Advisor of the Department of Defense, in consultation with the 
Chief Information Officer of the Department, the Under Secretary of 
Defense for Acquisition and Sustainment, the Under Secretary of Defense 
for Intelligence and Security, and the Commander of United States Cyber 
Command, shall complete an assessment of the feasibility, suitability, 
and resourcing required to establish a Defense Industrial Base 
Cybersecurity Sensor Architecture Program, responsible for deploying 
commercial-off-the-shelf solutions to remotely monitor the public-facing 
internet attack surface of the defense industrial base.

    (b) Elements.--The assessment required under subsection (a) shall 
include the following:
            (1) Definition of an architecture, concept of operations, 
        and governance structure that--
                    (A) will allow for the instrumentation and 
                collection of cybersecurity data on the public-facing 
                internet attack surfaces of defense industrial base 
                contractors in a manner that is compatible with the 
                Department's existing or future capabilities for 
                analysis, and instrumentation and collection, as 
                appropriate, of cybersecurity data within the Department 
                of Defense Information Network;
                    (B) includes the expected scale, schedule, and 
                guiding principles of deployment;
                    (C) is consistent with the defense industrial base 
                cybersecurity policies and programs of the Under 
                Secretary of Defense for Acquisition and Sustainment and 
                the Chief Information Officer; and
                    (D) includes an acquisition strategy for sensor 
                capabilities that optimizes required capability, 
                scalability, cost, and intelligence and cybersecurity 
                requirements.
            (2) Roles and responsibilities of the persons referred to in 
        subsection (a) in implementing and executing the plan.

    (c) Consultation.--In conducting the assessment required under 
subsection (a), the Principal Cyber Advisor shall consult with and 
solicit recommendations from representative industry stakeholders across 
the defense industrial base regarding the elements described in 
subsection (b) and potential stakeholder costs of compliance.
    (d) Briefing.--Upon completion of the assessment required under 
subsection (a), the Principal Cyber Advisor shall provide a briefing to 
the Committee on Armed Services of the Senate

[[Page 134 STAT. 4127]]

and the Committee on Armed Services of the House of Representatives on 
the assessment.
SEC. 1737. <<NOTE: 10 USC 2224 note.>>  ASSESSMENT ON DEFENSE 
                          INDUSTRIAL BASE PARTICIPATION IN A 
                          THREAT INFORMATION SHARING PROGRAM.

    (a) <<NOTE: Deadline.>>  Defense Industrial Base Threat Information 
Program Assessment.--Not later than 270 days after the date of the 
enactment of this Act, the Secretary of Defense shall complete an 
assessment of the feasibility, suitability, and definition of, and 
resourcing required to establish, a defense industrial base threat 
information sharing program to collaborate and share threat information 
with, and obtain threat information from, the defense industrial base.

    (b) <<NOTE: Evaluation.>>  Elements.--The assessment regarding the 
establishment of a defense industrial base threat information sharing 
program under subsection (a) shall include evaluation of the following:
            (1) The feasibility and suitability of, and requirements 
        for, the establishment of a defense industrial base threat 
        information sharing program, including cybersecurity incident 
        reporting requirements applicable to the defense industrial base 
        that--
                    (A) extend beyond mandatory cybersecurity incident 
                reporting requirements as in effect on the day before 
                the date of the enactment of this Act;
                    (B) set specific, consistent timeframes for all 
                categories of cybersecurity incident reporting;
                    (C) establish a single clearinghouse for all 
                mandatory cybersecurity incident reporting to the 
                Department of Defense, including incidents involving 
                covered unclassified information, and classified 
                information; and
                    (D) provide that, unless authorized or required by 
                another provision of law or the element of the defense 
                industrial base making the report consents, nonpublic 
                information of which the Department becomes aware only 
                because of a report provided pursuant to the program 
                shall be disseminated and used only for a cybersecurity 
                purpose (as such term is defined in section 102 of the 
                Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 
                1501)) and in support of national defense activities.
            (2) A mechanism for developing a shared and real-time 
        picture of the threat environment.
            (3) Options for joint, collaborative, and co-located 
        analytics.
            (4) Possible investments in technology and capabilities to 
        support automated detection and analysis across the defense 
        industrial base.
            (5) Coordinated information tipping, sharing, and 
        deconfliction, as necessary, with relevant Federal Government 
        agencies with similar information sharing programs.
            (6) Processes for direct sharing of threat information 
        related to a specific defense industrial base entity with such 
        entity.
            (7) Mechanisms for providing defense industrial base 
        entities with clearances for national security information 
        access, as appropriate.
            (8) <<NOTE: Requirements.>>  Requirements to consent to 
        queries of foreign intelligence collection databases related to 
        a specific defense industrial base entity as a condition of 
        participation in the threat information sharing program.

[[Page 134 STAT. 4128]]

            (9) <<NOTE: Recommenda- tions.>>  Recommendations with 
        respect to threat information sharing program participation, 
        including the following:
                    (A) Incentives for defense industrial base entities 
                to participate in the threat information sharing 
                program.
                    (B) Mandating minimum levels of threat information 
                sharing program participation for any entity that is 
                part of the defense industrial base.
                    (C) Procurement prohibitions on any defense 
                industrial base entity that are not in compliance with 
                the requirements of the threat information sharing 
                program.
                    (D) <<NOTE: Waiver. Criteria.>>  Waiver authority 
                and criteria.
                    (E) Adopting tiers of requirements for participation 
                within the threat information sharing program based on--
                          (i) the role of and relative threats related 
                      to defense industrial base entities; and
                          (ii) Cybersecurity Maturity Model 
                      Certification level.
            (10) Options to utilize an existing federally recognized 
        information sharing program to satisfy the requirement for a 
        threat information sharing program if--
                    (A) the existing program includes, or is modified to 
                include, two-way sharing of threat information that is 
                specifically relevant to the defense industrial base; 
                and
                    (B) such a program is coordinated with other Federal 
                Government agencies with existing information sharing 
                programs where overlap occurs.
            (11) Methods to encourage participation of defense 
        industrial base entities in appropriate private sector 
        information sharing and analysis centers (ISACs).
            (12) Methods to coordinate collectively with defense 
        industrial base entities to consider methods for mitigating 
        compliance costs.
            (13) The resources needed, governance roles and structures 
        required, and changes in regulation or law needed for execution 
        of a threat information sharing program, as well as any other 
        considerations determined relevant by the Secretary.
            (14) Identification of any barriers that would prevent the 
        establishment of a defense industrial base threat information 
        sharing program.

    (c) <<NOTE: Recommenda- tions.>>  Consultation.--In conducting the 
assessment required under subsection (a), the Secretary of Defense shall 
consult with and solicit recommendations from representative industry 
stakeholders across the defense industrial base regarding the elements 
described in subsection (b) and potential stakeholder costs of 
compliance.

    (d) Determination and Briefing.--Upon completion of the assessment 
required under subsection (a), the Secretary of Defense shall make a 
determination regarding the establishment by the end of fiscal year 2021 
of a defense industrial base threat information sharing program and 
provide a briefing to the Committee on Armed Services of the Senate and 
the Committee on Armed Services of the House of Representatives on--
            (1) the findings of the Secretary with respect to such 
        assessment and such determination; and
            (2) <<NOTE: Plans.>>  such implementation plans as the 
        Secretary may have arising from such findings.

[[Page 134 STAT. 4129]]

    (e) <<NOTE: Determination.>>  Implementation.--If the Secretary of 
Defense makes a positive determination pursuant to subsection (d) of the 
feasibility and suitability of establishing a defense industrial base 
threat information sharing program, the Secretary shall establish such 
program. <<NOTE: Deadline. Regulations.>>  Not later than 180 days after 
a positive determination, the Secretary of Defense shall promulgate such 
rules and regulations as are necessary to establish the defense 
industrial base threat information sharing program under this section.
SEC. <<NOTE: 10 USC 2224 note.>>  1738. ASSISTANCE FOR SMALL 
                          MANUFACTURERS IN THE DEFENSE INDUSTRIAL 
                          SUPPLY CHAIN ON MATTERS RELATING TO 
                          CYBERSECURITY.

    (a) <<NOTE: Consultation.>>  In General.--Subject to the 
availability of appropriations, the Secretary of Defense, in 
consultation with the Director of the National Institute of Standards 
and Technology, may award financial assistance to a Center for the 
purpose of providing cybersecurity services to small manufacturers.

    (b) <<NOTE: Consultation. Web posting.>>  Criteria.--If the 
Secretary carries out subsection (a), the Secretary, in consultation 
with the Director, shall establish and publish on the grants.gov 
website, or successor website, criteria for selecting recipients for 
financial assistance under this section.

    (c) Use of Financial Assistance.--Financial assistance under this 
section--
            (1) shall be used by a Center to provide small manufacturers 
        with cybersecurity services, including--
                    (A) compliance with the cybersecurity requirements 
                of the Department of Defense Supplement to the Federal 
                Acquisition Regulation, including awareness, assessment, 
                evaluation, preparation, and implementation of 
                cybersecurity services; and
                    (B) achieving compliance with the Cybersecurity 
                Maturity Model Certification framework of the Department 
                of Defense; and
            (2) may be used by a Center to employ trained personnel to 
        deliver cybersecurity services to small manufacturers.

    (d) Biennial Reports.--
            (1) In general.--Not less frequently than once every two 
        years, the Secretary shall submit to the congressional defense 
        committees, the Committee on Commerce, Science, and 
        Transportation of the Senate, and the Committee on Science, 
        Space, and Technology of the House of Representatives a report 
        on financial assistance awarded under this section.
            (2) Contents.--To the extent practicable, each report 
        submitted under paragraph (1) shall include the following with 
        respect to the years covered by each such report:
                    (A) The number of small manufacturers assisted.
                    (B) A description of the cybersecurity services 
                provided.
                    (C) A description of the cybersecurity matters 
                addressed.
                    (D) <<NOTE: Analysis.>>  An analysis of the 
                operational effectiveness and cost-effectiveness of such 
                cybersecurity services.

    (e) Termination.--The authority of the Secretary to award financial 
assistance under this section shall terminate on the date that is five 
years after the date of the enactment of this section.
    (f) Definitions.--In this section:

[[Page 134 STAT. 4130]]

            (1) Center.--The term ``Center'' has the meaning given such 
        term in section 25(a) of the National Institute of Standards and 
        Technology Act (15 U.S.C. 278k(a)).
            (2) Small manufacturer.--The term ``small manufacturer'' has 
        the meaning given such term in section 1644(g) of the John S. 
        McCain National Defense Authorization Act for Fiscal Year 2019 
        (Public Law 115-232; 10 U.S.C. 2224 note).
SEC. <<NOTE: 10 USC 2224 note.>>  1739. ASSESSMENT ON DEFENSE 
                          INDUSTRIAL BASE CYBERSECURITY THREAT 
                          HUNTING PROGRAM.

    (a) <<NOTE: Deadline.>>  Assessment Required.--Not later than 270 
days after the date of the enactment of this Act, the Secretary of 
Defense shall complete an assessment of the feasibility, suitability, 
definition of, and resourcing required to establish a defense industrial 
base cybersecurity threat hunting program to actively identify 
cybersecurity threats and vulnerabilities within the defense industrial 
base.

    (b) <<NOTE: Evaluation.>>  Elements.--The assessment required under 
section (a) shall include evaluation of the following:
            (1) Existing defense industrial base cybersecurity threat 
        hunting policies and programs, including the threat hunting 
        elements at each level of the compliance-based Cybersecurity 
        Maturity Model Certification program of the Department of 
        Defense, including requirements germane to continuous 
        monitoring, discovery, and investigation of anomalous activity 
        indicative of a cybersecurity incident.
            (2) The suitability of a continuous cybersecurity threat 
        hunting program, as a supplement to the cyber hygiene 
        requirements of the Cybersecurity Maturity Model Certification, 
        including consideration of the following:
                    (A) <<NOTE: Analysis.>>  Collection and analysis of 
                metadata on network activity to detect possible 
                intrusions.
                    (B) <<NOTE: Investigation.>>  Rapid investigation 
                and remediation of possible intrusions.
                    (C) <<NOTE: Requirements.>>  Requirements for 
                mitigating any vulnerabilities identified pursuant to 
                the cybersecurity threat hunting program.
                    (D) Mechanisms for the Department of Defense to 
                share with entities in the defense industrial base 
                malicious code, indicators of compromise, and insights 
                on the evolving threat landscape.
            (3) <<NOTE: Recommenda- tions.>>  Recommendations with 
        respect to cybersecurity threat hunting program participation of 
        prime contractors and subcontractors, including relating to the 
        following:
                    (A) Incentives for defense industrial base entities 
                to share with the Department of Defense threat and 
                vulnerability information collected pursuant to threat 
                monitoring and hunting activities.
                    (B) Mandating minimum levels of program 
                participation for any defense industrial base entity.
                    (C) Procurement prohibitions on any defense 
                industrial base entity that is not in compliance with 
                the requirements of the cybersecurity threat hunting 
                program.
                    (D) <<NOTE: Waiver. Criteria.>>  Waiver authority 
                and criteria.
                    (E) Consideration of a tiered cybersecurity threat 
                hunting program that takes into account the following:

[[Page 134 STAT. 4131]]

                          (i) The cybersecurity maturity of defense 
                      industrial base entities.
                          (ii) The roles of such entities.
                          (iii) Whether each such entity possesses 
                      classified information or controlled unclassified 
                      information and covered defense networks.
                          (iv) The covered defense information to which 
                      each such entity has access as a result of 
                      contracts with the Department of Defense.
            (4) Whether the continuous cybersecurity threat-hunting 
        program described in paragraph (2) should be conducted by--
                    (A) qualified prime contractors or subcontractors;
                    (B) accredited third-party cybersecurity vendors;
                    (C) with contractor consent--
                          (i) United States Cyber Command; or
                          (ii) a component of the Department of Defense 
                      other than United States Cyber Command;
                    (D) the deployment of network sensing technologies 
                capable of identifying and filtering malicious network 
                traffic; or
                    (E) a combination of the entities specified in 
                subparagraphs (A) through (D).
            (5) The resources necessary, governance structures or 
        changes in regulation or law needed, and responsibility for 
        execution of a defense industrial base cybersecurity threat 
        hunting program, as well as any other considerations determined 
        relevant by the Secretary.
            (6) <<NOTE: Timeline.>>  A timelime for establishing the 
        defense industrial base cybersecurity threat hunting program not 
        later than two years after the date of the enactment of this 
        Act.
            (7) Identification of any barriers that would prevent such 
        establishment.

    (c) <<NOTE: Recommenda- tions.>>  Consultation.--In conducting the 
assessment required under subsection (a), the Secretary of Defense shall 
consult with and solicit recommendations from representative industry 
stakeholders across the defense industrial base regarding the elements 
described in subsection (b) and potential stakeholder costs of 
compliance.

    (d) Determination and Briefing.--Upon completion of the assessment 
required under subsection (a), the Secretary of Defense shall make a 
determination regarding the establishment of a defense industrial base 
cybersecurity threat hunting program and provide a briefing to the 
Committee on Armed Services of the Senate and the Committee on Armed 
Services of the House of Representatives on--
            (1) the findings of the Secretary with respect to such 
        assessment and such determination; and
            (2) <<NOTE: Plans.>>  such implementation plans as the 
        Secretary may have arising from such findings.

    (e) <<NOTE: Determination.>>  Implementation.--If the Secretary of 
Defense makes a positive determination pursuant to subsection (d) of the 
feasibility and suitability of establishing a defense industrial base 
threat cybersecurity threat hunting program, the Secretary shall 
establish such program. <<NOTE: Deadline. Regulations.>>  Not later than 
180 days after a positive determination, the Secretary of Defense shall 
promulgate such rules and regulations as are necessary to establish the 
defense industrial base cybersecurity threat hunting program under this 
section.

[[Page 134 STAT. 4132]]

SEC. 1740. <<NOTE: Deadlines.>>  DEFENSE DIGITAL SERVICE.

    (a) Relationship With United States Digital Service.--Not later than 
120 days after the date of the enactment of this Act, the Secretary of 
Defense and the Administrator of the United States Digital Service shall 
establish a direct relationship between the Department of Defense and 
the United States Digital Service to address authorities, hiring 
processes, roles, and responsibilities of the Defense Digital Service.

    (b) Certification.--Not later than 120 days after the date of the 
enactment of this Act, the Secretary of Defense and the Administrator of 
the United States Digital Service shall jointly certify to the 
congressional defense committees, the Committee on Homeland Security and 
Governmental Affairs of the Senate, and the Committee on Oversight and 
Reform of the House of Representatives that the skills and 
qualifications of the Department of Defense personnel assigned to and 
supporting the core functions of the Defense Digital Service are 
consistent with the skills and qualifications United States Digital 
Service personnel.
    (c) Briefing.--Not later than 150 days after the date of the 
enactment of this Act, the Secretary of Defense and the Administrator of 
the United States Digital Service shall provide to the Committee on 
Armed Services and the Committee on Homeland Security and Governmental 
Affairs of the Senate and the Committee on Armed Services and the 
Committee on Oversight and Reform of the House of Representatives a 
briefing on the relationship established in subsection (a).
SEC. 1741. MATTERS CONCERNING THE COLLEGE OF INFORMATION AND 
                          CYBERSPACE AND LIMITATION OF FUNDING FOR 
                          NATIONAL DEFENSE UNIVERSITY.

    (a) <<NOTE: Time period.>>  Prohibitions.--The Secretary of Defense 
may not--
            (1) eliminate, divest, downsize, reorganize, or seek to 
        reduce the number of students educated at the College of 
        Information and Cyberspace of the National Defense University, 
        or
            (2) obligate or expend more than 60 percent of the funds 
        authorized to be appropriated by this Act for fiscal year 2021 
        for the National Defense University,

until 60 days after the date on which the congressional defense 
committees receive the report required by subsection (d).
    (b) Assessment.--The Chairman of the Joint Chiefs of Staff, in 
consultation with the Under Secretary of Defense for Policy, the Under 
Secretary of Defense for Personnel and Readiness, the Principal Cyber 
Advisor, the Principal Information Operations Advisor of the Department 
of Defense, the Chief Information Officer of the Department, the Chief 
Financial Officer of the Department, and the Commander of United States 
Cyber Command, shall assess requirements for joint professional military 
education and civilian leader education in the information environment 
and cyberspace domain to support the Department and other national 
security institutions of the Federal Government.
    (c) Further Assessment, Determination, and Review.--The Under 
Secretary of Defense for Policy, in consultation with the Under 
Secretary of Defense for Personnel and Readiness, the Principal Cyber 
Advisor, the Principal Information Operations Advisor of the Department 
of Defense, the Chief Information Officer of the Department, the Chief 
Financial Officer of the Department,

[[Page 134 STAT. 4133]]

the Chairman of the Joint Chiefs of Staff, and the Commander of United 
States Cyber Command, shall--
            (1) determine whether the importance, challenges, and 
        complexity of the modern information environment and cyberspace 
        domain warrant--
                    (A) a college at the National Defense University, a 
                college independent of the National Defense University 
                whose leadership is responsible to the Office of the 
                Secretary of Defense, or an independent public or 
                private university; and
                    (B) the provision of resources, services, and 
                capacity at levels that are the same as, or decreased or 
                enhanced in comparison to, those resources, services, 
                and capacity in place at the College of Information and 
                Cyberspace on January 1, 2019;
            (2) review the plan proposed by the National Defense 
        University for eliminating the College of Information and 
        Cyberspace and reducing and restructuring the information and 
        cyberspace faculty, course offerings, joint professional 
        military education and degree and certificate programs, and 
        other services provided by the College and the effects of such 
        changes on the military and civilian personnel requirements of 
        the cyber workforce;
            (3) <<NOTE: Assessment.>>  assess the changes made to the 
        College of Information and Cyberspace since January 1, 2019, and 
        the actions necessary to reverse those changes, including 
        relocating the College and its associated budget, faculty, 
        staff, students, and facilities outside of the National Defense 
        University; and
            (4) determine the Department of Defense's overall personnel 
        requirement for cyber and information educated military and 
        civilian personnel.

    (d) Report Required.--Not later than March 1, 2021, the Secretary 
shall present to the Committee on Armed Services of the House of 
Representatives and the Committee on Armed Services of the Senate a 
briefing, and not later than May 1, 2021, the Secretary shall submit to 
such committees a report, on--
            (1) the findings of the Secretary with respect to the 
        assessments, determinations, and reviews conducted under 
        subsections (b) and (c); and
            (2) <<NOTE: Recommenda- tions.>>  such recommendations as 
        the Secretary may have for higher education needs in the 
        information environment and cyberspace domain.
SEC. 1742. DEPARTMENT OF DEFENSE CYBER HYGIENE AND CYBERSECURITY 
                          MATURITY MODEL CERTIFICATION FRAMEWORK.

    (a) Cyber Security Practices and Capabilities in the Department of 
Defense.--
            (1) <<NOTE: Assessment. Reports.>>  In general.--Not later 
        than March 1, 2021, the Secretary of Defense, acting through the 
        Chief Information Officer of the Department of Defense and the 
        Commander, Joint Forces Headquarters-Department of Defense 
        Information Network, shall assess each Department component 
        against the Cybersecurity Maturity Model Certification (CMMC) 
        framework and submit to the congressional defense committees a 
        report that identifies each such component's CMMC level and 
        implementation of the cybersecurity practices and capabilities 
        required in each of the levels of the CMMC 
        framework. <<NOTE: Determination.>>  The report

[[Page 134 STAT. 4134]]

        shall include, for each component that does not achieve at least 
        level 3 status (referred to as ``good cyber hygiene'' in CMMC 
        Model ver. 1.02), a determination as to whether and details as 
        to how--
                    (A) such component will implement relevant security 
                measures to achieve a desired CMMC or other appropriate 
                capability and performance threshold prior to March 1, 
                2022; and
                    (B) such component will mitigate potential risks 
                until such measures are implemented.
            (2) <<NOTE: Review. Briefing.>>  Comptroller general report 
        required.--Not later than 180 days after the submission of the 
        report required under paragraph (1), the Comptroller General of 
        the United States shall conduct an independent review of the 
        report and provide a briefing to the congressional defense 
        committees on the findings of the review.

    (b) Briefing on Implementation of Certain Cybersecurity 
Recommendations.--Not later than 180 days after the date of the 
enactment of this Act, the Secretary of Defense shall provide to the 
congressional defense committees a briefing regarding the plans of the 
Secretary to implement certain cybersecurity recommendations to ensure--
            (1) the Chief Information Officer of the Department of 
        Defense takes appropriate steps to ensure implementation of 
        Department of Defense Cybersecurity Culture and Compliance 
        Initiative (DC3I) tasks;
            (2) Department components develop plans with scheduled 
        completion dates to implement any remaining Cybersecurity 
        Discipline Implementation Plan (CDIP) tasks overseen by the 
        Chief Information Officer;
            (3) the Deputy Secretary of Defense identifies a Department 
        component to oversee the implementation of any CDIP tasks not 
        overseen by the Chief Information Officer and reports on 
        progress relating to such implementation;
            (4) Department components accurately monitor and report 
        information on the extent that users have completed Cyber 
        Awareness Challenge training, as well as the number of users 
        whose access to the Department network was revoked because such 
        users have not completed such training;
            (5) the Chief Information Officer ensures all Department 
        components, including Defense Advanced Research Projects Agency 
        (DARPA), require their users to take Cyber Awareness Challenge 
        training; and
            (6) <<NOTE: Assessment. Reports.>>  the Chief Information 
        Officer assesses the extent to which senior leaders of the 
        Department have more complete information to make risk-based 
        decisions, and revise the recurring reports (or develop a new 
        report) accordingly, including information relating to the 
        Department's progress on implementing--
                    (A) cybersecurity practices identified in cyber 
                hygiene initiatives; and
                    (B) cyber hygiene practices to protect Department 
                networks from key cyberattack techniques.

    (c) <<NOTE: Coordination. Plan.>>  Cybersecurity Maturity Model 
Certification Funding Limitation.--Of the funds authorized to be 
appropriated by this Act for fiscal year 2021 for implementation of the 
CMMC, not more than 60 percent of such funds may be obligated or 
expended

[[Page 134 STAT. 4135]]

until the Under Secretary of Defense for Acquisition and Sustainment 
delivers to the congressional defense committees a plan for 
implementation of the CMMC via requirements in procurement contracts, 
developed in coordination with the Principal Cyber Advisor and the Chief 
Information Officer of the Department of Defense. <<NOTE: Timeline.>>  
The plan shall include a timeline for pilot activities, a description of 
the planned relationship between Department of Defense and the auditing 
or accrediting bodies, a funding and activity profile for the Defense 
Industrial Base Cybersecurity Assessment Center, and a description of 
efforts to ensure that the service acquisition executives and service 
program managers are equipped to implement the CMMC requirements and 
facilitate contractors' meeting relevant requirements.
SEC. 1743. EXTENSION OF SUNSET FOR PILOT PROGRAM ON REGIONAL 
                          CYBERSECURITY TRAINING CENTER FOR THE 
                          ARMY NATIONAL GUARD.

    Section <<NOTE: Expiration date.>>  1651(e) of the John S. McCain 
National Defense Authorization Act for Fiscal Year 2019 (Public Law 115-
232; 32 U.S.C. 501 note) is amended by striking ``shall expire on the 
date that is two years after the date of the enactment of this Act'' and 
inserting ``shall expire on August 31, 2022''.
SEC. 1744. <<NOTE: 6 USC 651 note.>>  NATIONAL CYBER EXERCISES.

    (a) <<NOTE: Deadline.>>  Requirement.--Not later than December 31, 
2023, the Secretary of Homeland Security, in coordination with the 
Director of National Intelligence, the Attorney General, and the 
Secretary of Defense, shall conduct an exercise, which may be a tabletop 
exercise, to test the resilience, response, and recovery of the United 
States to a significant cyber incident impacting critical 
infrastructure. <<NOTE: Consultation.>>  The Secretary shall convene 
similar exercises not fewer than three times, in consultation with such 
officials, until 2033.

    (b) Planning and Preparation.--The exercises required under 
subsection (a) shall be prepared by--
            (1) appropriate personnel from--
                    (A) the Department of Homeland Security;
                    (B) the Department of Defense; and
                    (C) the Department of Justice; and
            (2) appropriate elements of the intelligence community, 
        identified by the Director of National Intelligence.

    (c) <<NOTE: Coordination. Plan. Deadline.>>  Submission to 
Congress.--For each fiscal year in which an exercise is planned, the 
Secretary, in coordination with the Director of National Intelligence, 
the Attorney General, and the Secretary of Defense, shall submit to the 
appropriate congressional committees a plan for the exercise not later 
than 180 days prior to the exercise. Each such plan shall include 
information regarding the goals of the exercise at issue, how the 
exercise is to be carried out, where and when the exercise will take 
place, how many individuals are expected to participate from each 
Federal agency specified in subsection (b), and the costs or other 
resources associated with the exercise.

    (d) Participants.--
            (1) Federal government participants.--Appropriate personnel 
        from the following Federal agencies shall participate in each 
        exercise required under subsection (a):
                    (A) The Department of Homeland Security.
                    (B) The Department of Defense, as identified by the 
                Secretary of Defense.

[[Page 134 STAT. 4136]]

                    (C) Elements of the intelligence community, as 
                identified by the Director of National Intelligence.
                    (D) The Department of Justice, as identified by the 
                Attorney General.
                    (E) Sector-specific agencies, as determined by the 
                Secretary of Homeland Security.
            (2) State and local governments.--The Secretary shall invite 
        representatives from State, local, and Tribal governments to 
        participate in each exercise required under subsection (a) if 
        the Secretary determines such is appropriate.
            (3) <<NOTE: Consultation.>>  Private entities.--Depending on 
        the nature of an exercise being conducted under subsection (a), 
        the Secretary, in consultation with the senior representative of 
        the sector-specific agencies participating in such exercise in 
        accordance with paragraph (1)(E), shall invite the following 
        individuals to participate:
                    (A) Representatives from appropriate private 
                entities.
                    (B) Other individuals whom the Secretary determines 
                will best assist the United States in preparing for, and 
                defending against, a significant cyber incident 
                impacting critical infrastructure.
            (4) <<NOTE: Coordination.>>  International partners.--
        Depending on the nature of an exercise being conducted under 
        subsection (a), the Secretary may, in coordination with the 
        Secretary of State, invite allies and partners of the United 
        States to participate in such exercise.

    (e) Observers.--The Secretary may invite representatives from the 
executive and legislative branches of the Federal Government to observe 
an exercise required under subsection (a).
    (f) Elements.--Each exercise required under subsection (a) shall 
include the following elements:
            (1) Exercising the orchestration of cybersecurity response 
        and the provision of cyber support to Federal, State, local, and 
        Tribal governments and private entities, including the exercise 
        of the command, control, and deconfliction of--
                    (A) operational responses through interagency 
                coordination processes and response groups; and
                    (B) each Federal agency participating in such 
                exercise in accordance with subsection (d)(1).
            (2) Testing of the information sharing needs and 
        capabilities of exercise participants.
            (3) Testing of the relevant policy, guidance, and doctrine, 
        including the National Cyber Incident Response Plan of the 
        Cybersecurity and Infrastructure Security Agency of the 
        Department of Homeland Security.
            (4) Testing of the integration and interoperability between 
        the entities participating in the exercise in accordance with 
        subsection (d).
            (5) Exercising the integration and interoperability of the 
        cybersecurity operation centers of the Federal Government, as 
        appropriate, in coordination with appropriate cabinet level 
        officials.

    (g) Briefing.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 180 
        days after the date on which each exercise required under 
        subsection (a) is conducted, the Secretary shall provide to the 
        appropriate congressional committees a briefing on the exercise.

[[Page 134 STAT. 4137]]

            (2) Contents.--Each briefing required under paragraph (1) 
        shall include--
                    (A) <<NOTE: Assessment.>>  an assessment of the 
                decision and response gaps observed in the exercise at 
                issue;
                    (B) <<NOTE: Recommenda- tions.>>  proposed 
                recommendations to improve the resilience, response, and 
                recovery of the United States to a significant cyber 
                attack against critical infrastructure; and
                    (C) <<NOTE: Plans.>>  appropriate plans to address 
                the recommendations proposed under subparagraph (B).

    (h) Repeal.--Subsection (b) of section 1648 of the National Defense 
Authorization Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 
1119) is repealed.
    (i) Definitions.--In this section:
            (1) Appropriate congressional committees.--The term 
        ``appropriate congressional committees'' means--
                    (A) the Committee on Armed Services of the Senate;
                    (B) the Committee on Armed Services of the House of 
                Representatives;
                    (C) the Committee on Homeland Security and 
                Governmental Affairs of the Senate;
                    (D) the Committee on Homeland Security of the House 
                of Representatives;
                    (E) the Select Committee on Intelligence of the 
                Senate;
                    (F) the Permanent Select Committee on Intelligence 
                of the House of Representatives;
                    (G) the Committee on the Judiciary of the Senate;
                    (H) the Committee on the Judiciary of the House of 
                Representatives;
                    (I) the Committee on Commerce, Science, and 
                Transportation of the Senate;
                    (J) the Committee on Science, Space, and Technology 
                of the House of Representatives;
                    (K) the Committee on Foreign Relations of the 
                Senate; and
                    (L) the Committee on Foreign Affairs of the House of 
                Representatives.
            (2) Element of the intelligence community.--The term 
        ``element of the intelligence community'' means an element 
        specified or designated under section 3 of the National Security 
        Act of 1947 (50 U.S.C. 3003).
            (3) Private entity.--The term ``private entity'' has the 
        meaning given the term in section 102 of the Cybersecurity 
        Information Sharing Act of 2015 (6 U.S.C. 1501).
            (4) Secretary.--The term ``Secretary'' means the Secretary 
        of Homeland Security.
            (5) Sector-specific agency.--The term ``sector-specific 
        agency'' has the meaning given the term ``Sector-Specific 
        Agency'' in section 2201 of the Homeland Security Act of 2002 (6 
        U.S.C. 651).
            (6) State.--The term ``State'' means any State of the United 
        States, the District of Columbia, the Commonwealth of Puerto 
        Rico, the Northern Mariana Islands, the United States Virgin 
        Islands, Guam, American Samoa, and any other territory or 
        possession of the United States.

[[Page 134 STAT. 4138]]

SEC. 1745. CYBERSECURITY AND INFRASTRUCTURE SECURITY AGENCY 
                          REVIEW.

    (a) DHS Review.--
            (1) In general.--In order to strengthen the Cybersecurity 
        and Infrastructure Security Agency of the Department of Homeland 
        Security, the Secretary of Homeland Security shall conduct a 
        comprehensive review of the ability of the Agency to fulfill--
                    (A) the missions of the Agency; and
                    (B) the recommendations detailed in the report 
                issued by the Cyberspace Solarium Commission under 
                section 1652(k) of the John S. McCain National Defense 
                Authorization Act for Fiscal Year 2019 (Public Law 115-
                232).
            (2) <<NOTE: Assessments.>>  Elements of review.--The review 
        conducted under paragraph (1) shall include the following 
        elements:
                    (A) An assessment of how additional budget resources 
                could be used by the Cybersecurity and Infrastructure 
                Security Agency for projects and programs that--
                          (i) support the national risk management 
                      mission;
                          (ii) support public and private-sector 
                      cybersecurity;
                          (iii) promote public-private integration; and
                          (iv) provide situational awareness of 
                      cybersecurity threats.
                    (B) A comprehensive force structure assessment of 
                the Cybersecurity and Infrastructure Security Agency, 
                including--
                          (i) <<NOTE: Determination.>>  a determination 
                      of the appropriate size and composition of 
                      personnel to accomplish the mission of the Agency, 
                      as well as the recommendations detailed in the 
                      report issued by the Cyberspace Solarium 
                      Commission under section 1652(k) of the John S. 
                      McCain National Defense Authorization Act for 
                      Fiscal Year 2019 (Public Law 115-232);
                          (ii) an assessment of whether existing 
                      personnel are appropriately matched to the 
                      prioritization of threats in the cyber domain and 
                      risks in critical infrastructure;
                          (iii) an assessment of whether the Agency has 
                      the appropriate personnel and resources to--
                                    (I) perform risk assessments, threat 
                                hunting, incident response to support 
                                both private and public cybersecurity;
                                    (II) carry out the responsibilities 
                                of the Agency related to the security of 
                                Federal information and Federal 
                                information systems; and
                                    (III) carry out the critical 
                                infrastructure responsibilities of the 
                                Agency, including national risk 
                                management; and
                          (iv) an assessment of whether current 
                      structure, personnel, and resources of regional 
                      field offices are sufficient in fulfilling agency 
                      responsibilities and mission requirements.
            (3) <<NOTE: Deadline. Recommenda- tions.>>  Submission of 
        review.--Not later than one year after the date of the enactment 
        of this Act, the Secretary of Homeland Security shall submit to 
        Congress a report detailing the results of the assessments 
        required under paragraph (1), including recommendations to 
        address any identified gaps.

    (b) General Services Administration Review.--

[[Page 134 STAT. 4139]]

            (1) In general.--The Administrator of the General Services 
        Administration shall--
                    (A) conduct a review of current Cybersecurity and 
                Infrastructure Security Agency facilities and assess the 
                suitability of such facilities to fully support current 
                and projected mission requirements nationally and 
                regionally; and
                    (B) <<NOTE: Recommenda- tions.>>  make 
                recommendations regarding resources needed to procure or 
                build a new facility or augment existing facilities to 
                ensure sufficient size and accommodations to fully 
                support current and projected mission requirements, 
                including the integration of personnel from the private 
                sector and other departments and agencies.
            (2) <<NOTE: Deadline.>>  Submission of review.--Not later 
        than one year after the date of the enactment of this Act, the 
        Administrator of the General Services Administration shall 
        submit the review required under subsection (a) to--
                    (A) the President;
                    (B) the Secretary of Homeland Security; and
                    (C) the Committee on Homeland Security and 
                Governmental Affairs, the Committee on Appropriations, 
                and the Committee on Environment and Public Work of the 
                Senate, and the Committee on Homeland Security, the 
                Committee on Appropriations, the Committee on Oversight 
                and Reform, and the Committee on Transportation and 
                Infrastructure of the House of Representatives.
SEC. 1746. REPORT ON ENABLING UNITED STATES CYBER COMMAND RESOURCE 
                          ALLOCATION.

    (a) In General.--Not later than April 15, 2021, the Secretary of 
Defense shall submit to the congressional defense committees a report 
detailing the actions the Secretary will undertake to implement clauses 
(ii) and (iii) of section 167b(d)(2) of title 10, United States Code, 
including actions to ensure that the Commander of United States Cyber 
Command has enhanced authority, direction, and control of the Cyber 
Operations Forces and the equipment budget that enables Cyber Operations 
Forces' operations and readiness, beginning with the budget to be 
submitted to Congress by the President under section 1105(a) of title 
31, United States Code, for fiscal year 2024, and the budget 
justification materials for the Department of Defense to be submitted to 
Congress in support of such budget.
    (b) <<NOTE: Procedures.>>  Elements.--The report required by 
subsection (a) shall address the following items:
            (1) The procedures by which the Principal Cyber Advisor 
        (PCA) will exercise authority, direction, and oversight over the 
        Commander of United States Cyber Command, with respect to Cyber 
        Operations Forces-peculiar equipment and resources.
            (2) The procedures by which the Commander of United States 
        Cyber Command will--
                    (A) <<NOTE: Recommenda- tions. Budget proposals.>>  
                prepare and submit to the Secretary program 
                recommendations and budget proposals for Cyber 
                Operations Forces and for other forces assigned to 
                United States Cyber Command; and
                    (B) exercise authority, direction, and control over 
                the expenditure of funds for--

[[Page 134 STAT. 4140]]

                          (i) forces assigned to United States Cyber 
                      Command; and
                          (ii) Cyber Operations Forces assigned to other 
                      unified combatant commands.
            (3) <<NOTE: Recommenda- tions.>>  Recommendations for 
        actions to enable the Commander of United States Cyber Command 
        to execute the budget and acquisition responsibilities of the 
        Commander in excess of currently imposed limits on the Cyber 
        Operations Procurement Fund, including potential increases in 
        personnel to support the Commander.
            (4) The procedures by which the Secretary will categorize 
        and track funding obligated or expended for Cyber Operations 
        Forces-peculiar equipment and capabilities.
            (5) <<NOTE: Criteria.>>  The methodology and criteria by 
        which the Secretary will characterize equipment as being Cyber 
        Operations Forces-peculiar.
SEC. <<NOTE: Deadlines. 10 USC 499 note.>>  1747. ENSURING CYBER 
                          RESILIENCY OF NUCLEAR COMMAND AND 
                          CONTROL SYSTEM.

    (a) Plan for Implementation of Findings and Recommendations From 
First Annual Assessment of Cyber Resiliency of Nuclear Command and 
Control System.--Not later than October 1, 2021, the Secretary of 
Defense shall submit to the congressional defense committees a 
comprehensive plan, including a schedule and resourcing plan, for the 
implementation of the findings and recommendations included in the first 
report submitted under section 499(c)(3) of title 10, United States 
Code.
    (b) Concept of Operations and Oversight Mechanism for Cyber Defense 
of Nuclear Command and Control System.--Not later than October 1, 2021, 
the Secretary shall develop and establish--
            (1) a concept of operations for defending the nuclear 
        command and control system against cyber attacks, including 
        specification of the--
                    (A) roles and responsibilities of relevant entities 
                within the Office of the Secretary, the military 
                services, combatant commands, the Defense Agencies, and 
                the Department of Defense Field Activities; and
                    (B) cybersecurity capabilities to be acquired and 
                employed and operational tactics, techniques, and 
                procedures, including cyber protection team and sensor 
                deployment strategies, to be used to monitor, defend, 
                and mitigate vulnerabilities in nuclear command and 
                control systems; and
            (2) an oversight mechanism or governance model for 
        overseeing the implementation of the concept of operations 
        developed and established under paragraph (1), related 
        development, systems engineering, and acquisition activities and 
        programs, and the plan required by subsection (a), including 
        specification of the--
                    (A) roles and responsibilities of relevant entities 
                within the Office of the Secretary, the military 
                services, combatant commands, the Defense Agencies, and 
                the Department of Defense Field Activities in overseeing 
                the defense of the nuclear command and control system 
                against cyber attacks;

[[Page 134 STAT. 4141]]

                    (B) responsibilities and authorities of the 
                Strategic Cybersecurity Program in overseeing and, as 
                appropriate, executing--
                          (i) vulnerability assessments; and
                          (ii) development, systems engineering, and 
                      acquisition activities; and
                    (C) processes for coordination of activities, 
                policies, and programs relating to the cybersecurity and 
                defense of the nuclear command and control system.
SEC. 1748. REQUIREMENTS FOR REVIEW OF AND LIMITATIONS ON THE JOINT 
                          REGIONAL SECURITY STACKS ACTIVITY.

    (a) Independent Review.--
            (1) <<NOTE: Deadline. Contracts.>>  In general.--Not later 
        than 30 days after the date of the enactment of this Act, the 
        Secretary of Defense shall seek to enter into a contract with a 
        not-for-profit entity or federally-funded research and 
        development center independent of the Department of Defense to 
        conduct a review of the Joint Regional Security Stacks program.
            (2) <<NOTE: Assessments.>>  Matters for inclusion.--The 
        review conducted under paragraph (1) shall include each of the 
        following:
                    (A) An assessment of the efficacy of the Joint 
                Regional Security Stacks program and how such program 
                has been managed and executed.
                    (B) <<NOTE: Analysis.>>  An analysis of the 
                capabilities and performance of the program as compared 
                to alternative solutions utilizing commercial products 
                and services.
                    (C) <<NOTE: Evaluation.>>  An evaluation of the 
                program's ability to meet Department of Defense 
                performance metrics.
                    (D) An assessment of what measures would be required 
                for the program to meet future to meet cost and schedule 
                milestones, including training requirements.

    (b) Baseline Review.--
            (1) <<NOTE: Deadline.>>  In general.--Not later than 30 days 
        after the date of the enactment of this Act, the Secretary of 
        Defense shall undertake a baseline review of the Joint Regional 
        Security Stacks program.
            (2) <<NOTE: Determination.>>  Elements.--The baseline review 
        undertaken pursuant to paragraph (1) shall determine whether the 
        Joint Regional Security Stacks program--
                    (A) should proceed as a program of record, with 
                modifications as specified in subsection (c), for 
                exclusively the Non-Classified Internet Protocol Network 
                (NIPRNET) or for such network and the Secret Internet 
                Protocol Network (SIPRNET); or
                    (B) should be phased out across the Department of 
                Defense with each of the Joint Regional Security Stacks 
                replaced through the institution of cost-effective and 
                capable networking and cybersecurity technologies, 
                architectures, and operational concepts within five 
                years of the date of the enactment of this Act.
            (3) Incorporation.--The baseline review shall incorporate 
        the results of the review conducted under subsection (a).

    (c) Plan to Transition to Program of Record.--If the Secretary of 
Defense determines under subsection (b) that the Joint Regional Security 
Stacks program should proceed, not later than October 1, 2021, the 
Secretary shall develop a plan to transition

[[Page 134 STAT. 4142]]

such program to a program of record, governed by standard Department of 
Defense acquisition program requirements and practices, including the 
following:
            (1) Baseline operational requirements documentation.
            (2) An acquisition strategy and baseline.
            (3) A program office and responsible program manager, under 
        the oversight of the Under Secretary of Defense for Acquisition 
        and Sustainment and the Chief Information Officer of the 
        Department of Defense, responsible for pertinent doctrine, 
        organization, training, materiel, leadership and education, 
        personnel, facilities and policy matters, and the development of 
        effective tactics, techniques, and procedures.
            (4) Manning and training requirements documentation.
            (5) Operational test planning.

    (d) Limitations.--
            (1) Limitation on use of funds.--None of the funds 
        authorized to be appropriated by this Act may be used to field 
        Joint Regional Security Stacks on the Secret Internet Protocol 
        Network in fiscal year 2021.
            (2) Limitation on operational deployment.--The Secretary of 
        Defense may not conduct an operational deployment of Joint 
        Regional Security Stacks to the Secret Internet Protocol Network 
        in fiscal year 2021.

    (e) <<NOTE: Deadline.>>  Submission to Congress.--Not later than 
December 1, 2021, the Secretary shall submit to the congressional 
defense committees--
            (1) the findings of the Secretary with respect to the 
        baseline review conducted pursuant to subsection (b);
            (2) the plan developed under subsection (c), if any; and
            (3) <<NOTE: Proposal.>>  a proposal for the replacement of 
        Joint Regional Security Stacks, if the Secretary determines 
        under subsection (b) that it should be replaced.
SEC. 1749. IMPLEMENTATION OF INFORMATION OPERATIONS MATTERS.

    (a) Limitation on Funding.--Of the amounts authorized to be 
appropriated for fiscal year 2021 by section 301 for operation and 
maintenance and available for the Office of the Secretary of Defense for 
the travel of persons as specified in the table in section 4301--
            (1) not more than 25 percent shall be available until the 
        date on which the report required by subsection (h)(1) of 
        section 1631 of the National Defense Authorization Act for 
        Fiscal Year 2020 (Public Law 116-92) is submitted to the 
        Committee on Armed Services of the Senate and the Committee on 
        Armed Services House of Representatives; and
            (2) not more than 75 percent shall be available until the 
        date on which the strategy and posture review required by 
        subsection (g) of such section is submitted to such committees.

    (b) Requirements of Strategy and Posture Review.--Paragraph (1) of 
section 1631(g) of the National Defense Authorization Act for Fiscal 
Year 2020 (Public Law 116-92; 10 U.S.C. 397 note)--
            (1) in subparagraph (D), by striking the semicolon;
            (2) in subparagraph (E), by striking the period and 
        inserting ``; and''; and
            (3) by adding at the end the following new subparagraph:

[[Page 134 STAT. 4143]]

                    ``(F) designate a Department of Defense entity to 
                develop, apply, and continually refine an assessment 
                capability for defining and measuring the impact of 
                Department information operations, which entity shall be 
                organizationally independent of Department components 
                performing or otherwise engaged in operational support 
                to Department information operations.''.
SEC. 1750. REPORT ON USE OF ENCRYPTION BY DEPARTMENT OF DEFENSE 
                          NATIONAL SECURITY SYSTEMS.

    Not later than 180 days after the date of the enactment of this Act, 
the Secretary of Defense shall submit to Congress a report detailing the 
mission need and efficacy of full disk encryption across Non-classified 
Internet Protocol Router Network (NIPRNet) and Secretary Internet 
Protocol Router Network (SIPRNet) endpoint computer systems. Such report 
shall cover matters relating to cost, mission impact, and implementation 
timeline.
SEC. <<NOTE: 10 USC 1599h note.>>  1751. GUIDANCE AND DIRECTION ON 
                          USE OF DIRECT HIRING PROCESSES FOR 
                          ARTIFICIAL INTELLIGENCE PROFESSIONALS 
                          AND OTHER DATA SCIENCE AND SOFTWARE 
                          DEVELOPMENT PERSONNEL.

    (a) <<NOTE: Deadline. Review.>>  Guidance Required.--Not later than 
180 days after the date of the enactment of this Act, the Secretary of 
Defense shall review applicable Department of Defense guidance and where 
beneficial issue new guidance to the secretaries of the military 
departments and the heads of the defense components on improved use of 
the direct hiring processes for artificial intelligence professionals 
and other data science and software development personnel.

    (b) Objective.--The objective of the guidance issued under 
subsection (a) shall be to ensure that organizational leaders assume 
greater responsibility for the results of civilian hiring of artificial 
intelligence professionals and other data science and software 
development personnel.
    (c) Contents of Guidance.--At a minimum, the guidance required by 
subsection (a) shall--
            (1) instruct human resources professionals and hiring 
        authorities to utilize available direct hiring authorities 
        (including excepted service authorities) for the hiring of 
        artificial intelligence professionals and other data science and 
        software development personnel, to the maximum extent 
        practicable;
            (2) instruct hiring authorities, when using direct hiring 
        authorities, to prioritize utilization of panels of subject 
        matter experts over human resources professionals to assess 
        applicant qualifications and determine which applicants are best 
        qualified for a position;
            (3) authorize and encourage the use of ePortfolio reviews to 
        provide insight into the previous work of applicants as a 
        tangible demonstration of capabilities and contribute to the 
        assessment of applicant qualifications by subject matter 
        experts; and
            (4) encourage the use of referral bonuses for recruitment 
        and hiring of highly qualified artificial intelligence 
        professionals and other data science and software development 
        personnel in accordance with volume 451 of Department of Defense 
        Instruction 1400.25.

    (d) Report.--

[[Page 134 STAT. 4144]]

            (1) In general.--Not later than one year after the date on 
        which the guidance is issued under subsection (a), the Secretary 
        shall submit to the Committee on Armed Services of the Senate 
        and the Committee on Armed Services of the House of 
        Representatives a report on the guidance issued pursuant to 
        subsection (a).
            (2) Contents.--At a minimum, the report submitted under 
        paragraph (1) shall address the following:
                    (A) The objectives of the guidance and the manner in 
                which the guidance seeks to achieve those objectives.
                    (B) The effect of the guidance on the hiring process 
                for artificial intelligence professionals and other data 
                science and software development personnel, including 
                the effect on--
                          (i) hiring time;
                          (ii) the use of direct hiring authority;
                          (iii) the use of subject matter experts; and
                          (iv) the quality of new hires, as assessed by 
                      hiring managers and organizational leaders.
SEC. 1752. <<NOTE: 6 USC 1500.>>  NATIONAL CYBER DIRECTOR.

    (a) Establishment.--There is established, within the Executive 
Office of the President, the Office of the National Cyber Director (in 
this section referred to as the ``Office'').
    (b) National Cyber Director.--
            (1) <<NOTE: President.>>  In general.--The Office shall be 
        headed by the National Cyber Director (in this section referred 
        to as the ``Director'') who shall be appointed by the President, 
        by and with the advice and consent of the Senate.
            (2) Position.--The Director shall hold office at the 
        pleasure of the President.
            (3) Pay and allowances.--The Director shall be entitled to 
        receive the same pay and allowances as are provided for level II 
        of the Executive Schedule under section 5313 of title 5, United 
        States Code.

    (c) Duties of the National Cyber Director.--
            (1) In general.--Subject to the authority, direction, and 
        control of the President, the Director shall--
                    (A) serve as the principal advisor to the President 
                on cybersecurity policy and strategy relating to the 
                coordination of--
                          (i) information security and data protection;
                          (ii) programs and policies intended to improve 
                      the cybersecurity posture of the United States;
                          (iii) efforts to understand and deter 
                      malicious cyber activity;
                          (iv) efforts to increase the security of 
                      information and communications technology and 
                      services and to promote national supply chain risk 
                      management and vendor security;
                          (v) diplomatic and other efforts to develop 
                      norms and international consensus around 
                      responsible state behavior in cyberspace;
                          (vi) awareness and adoption of emerging 
                      technology that may enhance, augment, or degrade 
                      the cybersecurity posture of the United States; 
                      and

[[Page 134 STAT. 4145]]

                          (vii) such other cybersecurity matters as the 
                      President considers appropriate;
                    (B) offer advice and consultation to the National 
                Security Council and its staff, the Homeland Security 
                Council and its staff, and relevant Federal departments 
                and agencies, for their consideration, relating to the 
                development and coordination of national cyber policy 
                and strategy, including the National Cyber Strategy;
                    (C) lead the coordination of implementation of 
                national cyber policy and strategy, including the 
                National Cyber Strategy, by--
                          (i) in coordination with the heads of relevant 
                      Federal departments or agencies, monitoring and 
                      assessing the effectiveness, including cost-
                      effectiveness, of the implementation of such 
                      national cyber policy and strategy by Federal 
                      departments and agencies;
                          (ii) making recommendations, relevant to 
                      changes in the organization, personnel, and 
                      resource allocation and to policies of Federal 
                      departments and agencies, to the heads of relevant 
                      Federal departments and agencies in order to 
                      implement such national cyber policy and strategy;
                          (iii) reviewing the annual budget proposals 
                      for relevant Federal departments and agencies and 
                      advising the heads of such departments and 
                      agencies whether such proposals are consistent 
                      with such national cyber policy and strategy;
                          (iv) continuously assessing and making 
                      relevant recommendations to the President on the 
                      appropriate level of integration and 
                      interoperability across the Federal cyber centers;
                          (v) coordinating with the Attorney General, 
                      the Federal Chief Information Officer, the 
                      Director of the Office of Management and Budget, 
                      the Director of National Intelligence, and the 
                      Director of the Cybersecurity and Infrastructure 
                      Security Agency, on the streamlining of Federal 
                      policies and guidelines, including with respect to 
                      implementation of subchapter II of chapter 35 of 
                      title 44, United States Code, and, as appropriate 
                      or applicable, regulations relating to 
                      cybersecurity;
                          (vi) reporting annually to the President, the 
                      Assistant to the President for National Security 
                      Affairs, and Congress on the state of the 
                      cybersecurity posture of the United States, the 
                      effectiveness of such national cyber policy and 
                      strategy, and the status of the implementation of 
                      such national cyber policy and strategy by Federal 
                      departments and agencies; and
                          (vii) such other activity as the President 
                      considers appropriate to further such national 
                      cyber policy and strategy;
                    (D) lead coordination of the development and 
                ensuring implementation by the Federal Government of 
                integrated incident response to cyberattacks and cyber 
                campaigns of significant consequence, including--
                          (i) ensuring and facilitating coordination 
                      among relevant Federal departments and agencies in 
                      the

[[Page 134 STAT. 4146]]

                      development of integrated operational plans, 
                      processes, and playbooks, including for incident 
                      response, that feature--
                                    (I) clear lines of authority and 
                                lines of effort across the Federal 
                                Government;
                                    (II) authorities that have been 
                                delegated to an appropriate level to 
                                facilitate effective operational 
                                responses across the Federal Government; 
                                and
                                    (III) support for the integration of 
                                defensive cyber plans and capabilities 
                                with offensive cyber plans and 
                                capabilities in a manner consistent with 
                                improving the cybersecurity posture of 
                                the United States;
                          (ii) ensuring the exercising of defensive 
                      operational plans, processes, and playbooks for 
                      incident response;
                          (iii) ensuring the updating of defensive 
                      operational plans, processes, and playbooks for 
                      incident response as needed to keep them updated; 
                      and
                          (iv) reviewing and ensuring that defensive 
                      operational plans, processes, and playbooks 
                      improve coordination with relevant private sector 
                      entities, as appropriate;
                    (E) preparing the response by the Federal Government 
                to cyberattacks and cyber campaigns of significant 
                consequence across Federal departments and agencies with 
                responsibilities pertaining to cybersecurity and with 
                the relevant private sector entities, including--
                          (i) developing for the approval of the 
                      President, in coordination with the Assistant to 
                      the President for National Security Affairs and 
                      the heads of relevant Federal departments and 
                      agencies, operational priorities, requirements, 
                      and plans;
                          (ii) ensuring incident response is executed 
                      consistent with the plans described in clause (i); 
                      and
                          (iii) ensuring relevant Federal department and 
                      agency consultation with relevant private sector 
                      entities in incident response;
                    (F) coordinate and consult with private sector 
                leaders on cybersecurity and emerging technology issues 
                in support of, and in coordination with, the Director of 
                the Cybersecurity and Infrastructure Security Agency, 
                the Director of National Intelligence, and the heads of 
                other Federal departments and agencies, as appropriate;
                    (G) annually report to Congress on cybersecurity 
                threats and issues facing the United States, including 
                any new or emerging technologies that may affect 
                national security, economic prosperity, or enforcing the 
                rule of law; and
                    (H) be responsible for such other functions as the 
                President may direct.
            (2) Delegation of authority.--(A) The Director may--
                    (i) serve as the senior representative to any 
                organization that the President may establish for the 
                purpose of providing the President advice on 
                cybersecurity;
                    (ii) subject to subparagraph (B), be included as a 
                participant in preparations for and, when appropriate, 
                the

[[Page 134 STAT. 4147]]

                execution of domestic and international summits and 
                other international meetings at which cybersecurity is a 
                major topic;
                    (iii) delegate any of the Director's functions, 
                powers, and duties to such officers and employees of the 
                Office as the Director considers appropriate; and
                    (iv) authorize such successive re-delegations of 
                such functions, powers, and duties to such officers and 
                employees of the Office as the Director considers 
                appropriate.
            (B) In acting under subparagraph (A)(ii) in the case of a 
        summit or a meeting with an international partner, the Director 
        shall act in coordination with the Secretary of State.

    (d) Attendance and Participation in National Security Council 
Meetings.--Section 101(c)(2) of the National Security Act of 1947 (50 
U.S.C. 3021(c)(2)) is amended by striking ``and the Chairman of the 
Joint Chiefs of Staff'' and inserting ``the Chairman of the Joint Chiefs 
of Staff, and the National Cyber Director''.
    (e) Powers of the Director.--The Director may, for the purposes of 
carrying out the functions of the Director under this section--
            (1) subject to the civil service and classification laws, 
        select, appoint, employ, and fix the compensation of such 
        officers and employees as are necessary and prescribe their 
        duties, except that not more than 75 individuals may be employed 
        without regard to any provision of law regulating the employment 
        or compensation at rates not to exceed the basic rate of basic 
        pay payable for level IV of the Executive Schedule under section 
        5315 of title 5, United States Code;
            (2) employ experts and consultants in accordance with 
        section 3109 of title 5, United States Code, and compensate 
        individuals so employed for each day (including travel time) at 
        rates not in excess of the maximum rate of basic pay for grade 
        GS-15 as provided in section 5332 of such title, and while such 
        experts and consultants are so serving away from their homes or 
        regular place of business, to pay such employees travel expenses 
        and per diem in lieu of subsistence at rates authorized by 
        section 5703 of such title 5 for persons in Federal Government 
        service employed intermittently;
            (3) promulgate such rules and regulations as may be 
        necessary to carry out the functions, powers, and duties vested 
        in the Director;
            (4) utilize, with their consent, the services, personnel, 
        and facilities of other Federal agencies;
            (5) enter into and perform such contracts, leases, 
        cooperative agreements, or other transactions as may be 
        necessary in the conduct of the work of the Office and on such 
        terms as the Director may determine appropriate, with any 
        Federal agency, or with any public or private person or entity;
            (6) accept voluntary and uncompensated services, 
        notwithstanding the provisions of section 1342 of title 31, 
        United States Code;
            (7) adopt an official seal, which shall be judicially 
        noticed; and
            (8) provide, where authorized by law, copies of documents to 
        persons at cost, except that any funds so received shall be 
        credited to, and be available for use from, the account from 
        which expenditures relating thereto were made.

[[Page 134 STAT. 4148]]

    (f) Rules of Construction.--Nothing in this section may be construed 
as--
            (1) modifying any authority or responsibility, including any 
        operational authority or responsibility of any head of a Federal 
        department or agency;
            (2) authorizing the Director or any person acting under the 
        authority of the Director to interfere with or to direct a 
        criminal or national security investigation, arrest, search, 
        seizure, or disruption operation;
            (3) amending a legal restriction that was in effect on the 
        day before the date of the enactment of this Act that requires a 
        law enforcement agency to keep confidential information learned 
        in the course of a criminal or national security investigation;
            (4) authorizing the Director or any person acting under the 
        authority of the Director to interfere with or to direct a 
        military operation;
            (5) authorizing the Director or any person acting under the 
        authority of the Director to interfere with or to direct any 
        diplomatic or consular activity;
            (6) authorizing the Director or any person acting under the 
        authority of the Director to interfere with or to direct an 
        intelligence activity, resource, or operation; or
            (7) authorizing the Director or any person acting under the 
        authority of the Director to modify the classification of 
        intelligence information.

    (g) Definitions.--In this section:
            (1) The term ``cybersecurity posture'' means the ability to 
        identify, to protect against, to detect, to respond to, and to 
        recover from an intrusion in an information system the 
        compromise of which could constitute a cyber attack or cyber 
        campaign of significant consequence.
            (2) The term ``cyber attack and cyber campaign of 
        significant consequence'' means an incident or series of 
        incidents that has the purpose or effect of--
                    (A) causing a significant disruption to the 
                confidentiality, integrity, or availability of a Federal 
                information system;
                    (B) harming, or otherwise significantly compromising 
                the provision of service by, a computer or network of 
                computers that support one or more entities in a 
                critical infrastructure sector;
                    (C) significantly compromising the provision of 
                services by one or more entities in a critical 
                infrastructure sector;
                    (D) causing a significant misappropriation of funds 
                or economic resources, trade secrets, personal 
                identifiers, or financial information for commercial or 
                competitive advantage or private financial gain; or
                    (E) otherwise constituting a significant threat to 
                the national security, foreign policy, or economic 
                health or financial stability of the United States.
            (3) The term ``incident'' has the meaning given such term in 
        section 3552 of title 44, United States Code.
            (4) The term ``incident response'' means a government or 
        private sector activity that detects, mitigates, or recovers 
        from a cyber attack or cyber campaign of significant 
        consequence.

[[Page 134 STAT. 4149]]

            (5) The term ``information security'' has the meaning given 
        such term in section 3552 of title 44, United States Code.
            (6) The term ``intelligence'' has the meaning given such 
        term in section 3 of the National Security Act of 1947 (50 
        U.S.C. 3003).

TITLE XVIII--TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES

TITLE XVIII--TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION STATUTES

Sec. 1801. Transfer and reorganization of defense acquisition statutes.

                         Subtitle A--Definitions

Sec. 1806. Definitions.
Sec. 1807. General matters.
Sec. 1808. Defense acquisition system.
Sec. 1809. Budgeting and appropriations.
Sec. 1810. Operational contract support.

                    Subtitle B--Acquisition Planning

Sec. 1811. Planning and solicitation generally.
Sec. 1812. Independent cost estimation and cost analysis.
Sec. 1813. Other provisions relating to planning and solicitation 
           generally.

           Subtitle C--Contracting Methods and Contract Types

Sec. 1816. Awarding of contracts.
Sec. 1817. Specific types of contracts.
Sec. 1818. Other matters relating to awarding of contracts.
Sec. 1819. Undefinitized contractual actions.
Sec. 1820. Task and delivery order contracts.
Sec. 1821. Acquisition of commercial products and commercial services.
Sec. 1822. Multiyear contracts.
Sec. 1823. Simplified acquisition procedures.
Sec. 1824. Rapid acquisition procedures.
Sec. 1825. Contracts for long-term lease or charter of vessels, 
           aircraft, and combat vehicles.

               Subtitle D--General Contracting Provisions

Sec. 1831. Cost or pricing data.
Sec. 1832. Allowable costs.
Sec. 1833. Proprietary contractor data and rights in technical data.
Sec. 1834. Contract financing.
Sec. 1835. Contractor audits and accounting.
Sec. 1836. Claims and disputes.
Sec. 1837. Foreign acquisitions.
Sec. 1838. Socioeconomic programs.

                  Subtitle E--Research and Engineering

Sec. 1841. Research and engineering generally.
Sec. 1842. Innovation.
Sec. 1843. Department of Defense laboratories.
Sec. 1844. Research and development centers and facilities.
Sec. 1845. Test and evaluation.

   Subtitle F--Major Systems, Major Defense Acquisition Programs, and 
                       Weapon Systems Development

Sec. 1846. General matters.
Sec. 1847. Major systems and major defense acquisition programs 
           generally.
Sec. 1848. Life-cycle and sustainment.
Sec. 1849. Program status-selected acquisition reports.
Sec. 1850. Cost growth--unit cost reports (Nunn-McCurdy).
Sec. 1851. Weapon systems development and related matters.

[[Page 134 STAT. 4150]]

           Subtitle G--Other Special Categories of Contracting

Sec. 1856. Acquisition of services generally.
Sec. 1857. Acquisition of information technology.

                     Subtitle H--Contract Management

Sec. 1861. Contract administration.
Sec. 1862. Prohibitions and penalties.
Sec. 1863. Contractor workforce.
Sec. 1864. Other administrative matters.

                   Subtitle I--Defense Industrial Base

Sec. 1866. Defense industrial base generally.
Sec. 1867. Policies and planning.
Sec. 1868. Development, application, and support of dual-use 
           technologies.
Sec. 1869. Manufacturing technology.
Sec. 1870. Other technology base policies and programs.
Sec. 1871. Small business programs.
Sec. 1872. Procurement technical assistance cooperative agreement 
           program.
Sec. 1873. Loan guarantee programs.

                        Subtitle J--Other Matters

Sec. 1876. Recodification of certain title 10 provisions relating to 
           contract financing for certain Navy contracts.
Sec. 1877. Recodification of title 10 statute on cadre of personnel who 
           are intellectual property experts.
Sec. 1878. Transfer of title 10 section relating to notification of Navy 
           procurement production disruptions.
Sec. 1879. Transfer of title 10 section relating to energy security.
Sec. 1880. Part IV heading.
Sec. 1881. Repeal of chapters 137, 139, 144, and 148.
Sec. 1882. Revision of chapter 141.
Sec. 1883. References.
Sec. 1884. Savings provisions.
Sec. 1885. Rule of construction.

SEC. 1801. TRANSFER AND REORGANIZATION OF DEFENSE ACQUISITION 
                          STATUTES.

    (a) <<NOTE: Review. Determination.>>  Activities.--Not later than 
February 1, 2021, the Secretary of Defense shall establish a process to 
engage interested parties and experts from the public and private 
sectors, as determined appropriate by the Secretary, in a comprehensive 
review of this title and the amendments made by this title.

    (b) Assessment and Report.--Not later than March 15, 2021, the 
Secretary of Defense shall submit to the congressional defense 
committees a report evaluating this title and the amendments made by 
this title that shall include the following elements:
            (1) <<NOTE: Recommenda- tions.>>  Specific recommendations 
        for modifications to the legislative text of this title and the 
        amendments made by this title, along with a list of conforming 
        amendments to law required by this title and the amendments made 
        by this title.
            (2) <<NOTE: Summary.>>  A summary of activities conducted 
        pursuant to the process established under subsection (a), 
        including an assessment of the effect of this title and the 
        amendments made by this title on related Department of Defense 
        activities, guidance, and interagency coordination.
            (3) An implementation plan for updating the regulations and 
        guidance relating to this title and the amendments made by this 
        title that contains the following elements:
                    (A) A description of how the plan will be 
                implemented.
                    (B) A schedule with milestones for the 
                implementation of the plan.
                    (C) A description of the assignment of roles and 
                responsibilities for the implementation of the plan.

[[Page 134 STAT. 4151]]

                    (D) A description of the resources required to 
                implement the plan.
                    (E) A description of how the plan will be reviewed 
                and assessed to monitor progress.
            (4) Such other items as the Secretary considers appropriate.

    (d) <<NOTE: 10 USC 3001 note prec.>>  Enactment and 
Implementation.--
            (1) Delayed enactment.--Except as specifically provided, 
        this title and the amendments made by this title shall take 
        effect on January 1, 2022.
            (2) <<NOTE: Deadline.>>  Delayed implementation.--Not later 
        than January 1, 2023, the Secretary of Defense shall take such 
        action as necessary to revise or modify the Department of 
        Defense Supplement to the Federal Acquisition Regulation and 
        other existing authorities affected by the enactment of this 
        title and the amendments made by this title.
            (3) Applicability.--
                    (A) <<NOTE: Effective date.>>  In general.--The 
                Secretary of Defense shall apply the law as in effect on 
                December 31, 2021, with respect to contracts entered 
                into during the covered period.
                    (B) Covered period defined.--In this paragraph, the 
                term ``covered period'' means the period beginning on 
                January 1, 2022, and ending on the earlier of--
                          (i) the date on which the Secretary of Defense 
                      revises or modifies authorities pursuant to 
                      paragraph (2); or
                          (ii) January 1, 2023.

                         Subtitle A--Definitions

SEC. 1806. DEFINITIONS.

    (a) New Chapter.--
            (1) New subchapter.--Part V of subtitle A of title 10, 
        United States Code, as added by section 801 of the John S. 
        McCain National Defense Authorization Act for Fiscal Year 2019 
        (Public Law 115-232), <<NOTE: 10 USC 3001 prec. 10 USC 3001 
        prec.>>  is amended by striking chapter 201 and inserting the 
        following:

<<NOTE: 10 USC 3001 prec.>> ``CHAPTER 201--DEFINITIONS
``Subchapter                                                        Sec.
``I. Definitions Relating to Defense Acquisition System Generally.  3001
``II. Definitions Applicable to Procurement Generally.............  3011
``III. Definitions Relating to Major Systems and Major Defense 
Acquisition Programs..............................................  3041

  ``SUBCHAPTER <<NOTE: 10 USC 3001 prec.>>  I--DEFINITIONS RELATING TO 
DEFENSE ACQUISITION SYSTEM GENERALLY

``Sec.
``3001. Defense acquisition system; element of the defense acquisition 
           system.
``3002. Federal Acquisition Regulation.
``3003. Defense Federal Acquisition Regulation Supplement.
``3004. Head of an agency.
``3005. Service chief concerned.
``3006. Acquisition workforce.


[[Page 134 STAT. 4152]]


``Sec. 3001. <<NOTE: 10 USC 3001.>>  Defense acquisition system; 
                  element of the defense acquisition system
``Sec. 3002. <<NOTE: 10 USC 3002.>>  Federal Acquisition 
                  Regulation
``Sec. 3003. <<NOTE: 10 USC 3003.>>  Defense Federal Acquisition 
                  Regulation Supplement

    ``[Reserved].
``Sec. 3004. <<NOTE: 10 USC 3004.>>  Head of an agency
``Sec. 3005. <<NOTE: 10 USC 3005.>>  Service chief concerned

    ``[Reserved].
``Sec. 3006. <<NOTE: 10 USC 3006.>>  Acquisition workforce

    ``For the definition of the term `acquisition workforce' for the 
purposes of this part, see section 101(a)(18) of this title.''.
            (2) Transfer of section 2545(2).--Paragraph (2) of section 
        2545 of title 10, United States Code, is transferred to section 
        3001 of such title, as added by paragraph (1), inserted after 
        the section heading, redesignated as subsection (a), realigned 2 
        ems to the left, and amended--
                    (A) by striking ``The term'' and inserting ``Defense 
                Acquisition System.--In this part, the term'';
                    (B) by striking ``means the'' and inserting 
                ``means--
            ``(1) the'';
                    (C) by striking ``of Defense; the management'' and 
                inserting ``of Defense;
            ``(2) the management''; and
                    (D) by striking ``of Defense; and the'' and 
                inserting ``of Defense; and
            ``(3) the''.
            (3) Transfer of section 2545(3).--Paragraph (3) of section 
        2545 of title 10, United States Code, is transferred to section 
        3001 of such title, as added by paragraph (1), inserted after 
        subsection (a), as transferred and redesignated by paragraph 
        (2), redesignated as subsection (b), realigned 2 ems to the 
        left, and amended--
                    (A) by striking ``The term'' and inserting ``Element 
                of the Defense Acquisition System.--In this part, the 
                term'';
                    (B) by striking ``organization that employs'' and 
                inserting ``organization that--
            ``(1) employs'';
                    (C) by striking ``workforce, carries out'' and 
                inserting ``workforce;
            ``(2) carries out''; and
                    (D) by striking ``functions, and focuses'' and 
                inserting ``functions; and
            ``(3) focuses''.
            (4) Transfer of section 2545(1).--Paragraph (1) of section 
        2545 of title 10, United States Code, is transferred to section 
        3001 of such title, as added by paragraph (1), inserted after 
        subsection (b), as transferred and redesignated by paragraph 
        (3), redesignated as subsection (c), realigned 2 ems to the 
        left, and amended by striking ``The term'' and inserting 
        ``Acquisition.--In this section, the term''.
            (5) Transfer of section 2302(6).--Paragraph (6) of section 
        2302 of title 10, United States Code, is transferred to section

[[Page 134 STAT. 4153]]

        3002 of such title, as added by paragraph (1), inserted after 
        the section heading, realigned 2 ems to the left, and amended--
                    (A) by striking the paragraph designation; and
                    (B) by striking ``The term'' and inserting ``In this 
                part, the term''.
            (6) Transfer of section 2302(1).--Paragraph (1) of section 
        2302 of title 10, United States Code, is transferred to section 
        3004 of such title, as added by paragraph (1), inserted after 
        the section heading, realigned 2 ems to the left, and amended--
                    (A) by striking the paragraph designation; and
                    (B) by striking ``The term'' and inserting ``In this 
                part, the term''.

    (b) New Subchapter II.--
            (1) In general.--Such chapter is further amended by adding 
        at the end the following new subchapter:

 <<NOTE: 10 USC 3011 prec.>> ``SUBCHAPTER II--DEFINITIONS APPLICABLE TO 
PROCUREMENT GENERALLY

``Sec.
``3011. Definitions incorporated from title 41.
``3012. Competitive procedures.
``3013. Technical data.
``3014. Nontraditional defense contractor.
``3015. Simplified acquisition threshold.
``3016. Chapter 137 legacy provisions.

``Sec. 3011. <<NOTE: 10 USC 3011.>>  Definitions incorporated from 
                  title 41
``Sec. 3012. <<NOTE: 10 USC 3012.>>  Competitive procedures
``Sec. 3013. <<NOTE: 10 USC 3013.>>  Technical data
``Sec. 3014. <<NOTE: 10 USC 3014.>>  Nontraditional defense 
                  contractor
``Sec. 3015. <<NOTE: 10 USC 3015.>>  Simplified acquisition 
                  threshold''.
            (2) Transfer of 2302(3).--Paragraph (3) of section 2302 of 
        such title is transferred to section 3011 of such title, as 
        added by paragraph (1), inserted after the section heading, 
        realigned 2 ems to the left, and amended--
                    (A) by striking the paragraph designation;
                    (B) by striking ``The following'' and inserting ``In 
                any chapter 137 legacy provision, the following''; and
                    (C) by redesignating subparagraphs (A) through (M) 
                as paragraphs (1) through (13), respectively.
            (3) Transfer of 2302(2).--Paragraph (2) of section 2302 of 
        such title is transferred to section 3012 of such title, as 
        added by paragraph (1), inserted after the section heading, 
        realigned 2 ems to the left, and amended--
                    (A) by striking the paragraph designation;
                    (B) by striking ``The term'' and inserting ``In this 
                part, the term'';
                    (C) by redesignating subparagraphs (A), (B), (C), 
                (D), and (E) as paragraphs (1), (2), (3), (4), and (5), 
                respectively; and
                    (D) by redesignating clauses (i) and (ii) of 
                paragraph (3), as so redesignated, as subparagraphs (A) 
                and (B), respectively.
            (4) Transfer of 2302(4).--Paragraph (4) of section 2302 of 
        such title is transferred to section 3013 of such title, as

[[Page 134 STAT. 4154]]

        added by paragraph (1), inserted after the section heading, 
        realigned 2 ems to the left, and amended--
                    (A) by striking the paragraph designation; and
                    (B) by striking ``The term'' and inserting ``In any 
                chapter 137 legacy provision, the term''.
            (5) Transfer of 2302(9).--Paragraph (9) of section 2302 of 
        such title is transferred to section 3014 of such title, as 
        added by paragraph (1), inserted after the section heading, 
        realigned 2 ems to the left, and amended--
                    (A) by striking the paragraph designation;
                    (B) by striking ``The term'' and inserting ``In this 
                part, the term''; and
                    (C) by striking ``section 2371(a) or 2371b'' and 
                inserting ``section 4002(a) or 4003''.
            (6) Transfer of 2302(7) & (8).--Paragraphs (7) and (8) of 
        section 2302 of such title are transferred to section 3015 of 
        such title, as added by paragraph (1), and redesignated as 
        paragraphs (1) and (2), respectively, and such section is 
        further amended by inserting before paragraph (1), as so 
        redesignated, the following:

    ``In this part:''.
            (7) Chapter 137 legacy provisions defined.--Subchapter II of 
        such chapter, as added by paragraph (1), is further amended by 
        adding at the following new section:
``Sec. 3016. <<NOTE: 10 USC 3016.>>  Chapter 137 legacy provisions

    ``In this part, the term `chapter 137 legacy provisions' means the 
following sections of this title: sections 3002, 3004, 3011-3015, 3041, 
3063-3069, 3134, 3151-3157, 3201-3208, 3221-3227, 3241, 3243, 3249, 
3252, 3301-3309, 3321-3323, 3344, 3345, 3371-3375, 3377, 3401, 3403, 
3405, 3406, 3501-3511, 3531-3535, 3571, 3572, 3573, 3701-3708, 3741-
3750, 3761, 3771-3775, 3781-3786, 3791, 3794, 3801-3807, 3841, 3842, 
3847, 3881, 3901, 3902, 4202(b), 4324, 4325, 4501, 4502, 4505, 4506, 
4507, 4576, 4657, 4660, 4751, 4752, and 8751.''.
    (c) New Subchapter III.--
            (1) In general.--Such chapter is further amended by adding 
        after subchapter II, as added by subsection (b), the following 
        new subchapter:

 `` <<NOTE: 10 USC 3041 prec.>> SUBCHAPTER III--DEFINITIONS RELATING TO 
 MAJOR SYSTEMS AND MAJOR DEFENSE ACQUISITION PROGRAMS <<NOTE: 04 10 USC 
3041. 10 USC 3042.>> 

10 USC 
3041.
10 USC 
3042.

``Sec.
``3041. Major system.
``3042. Major defense acquisition program.

``Sec. 3041. Major system
``Sec. 3042. Major defense acquisition program

    ``For the definition of the term `major defense acquisition program' 
for purposes of this part, see section 4201 of this title.''.
            (2) Transfer of 2302(5).--Paragraph (5) of section 2302 of 
        such title is transferred to section 3041 of such title, as 
        added by paragraph (1), inserted after the section heading, 
        realigned 2 ems to the left, redesignated as subsection (a), and 
        amended--

[[Page 134 STAT. 4155]]

                    (A) by striking ``The term'' and inserting ``In 
                General.--In this part (other than in sections 4292(e) 
                and 4321), the term'';
                    (B) by designating the third sentence as subsection 
                (b);
                    (C) in subsection (b), as so designated--
                          (i) by inserting ``System Considered to Be a 
                      Major System.--'' before ``A system shall be''; 
                      and
                          (ii) by striking ``system if (A)'' and all 
                      that follows and inserting ``system if--
            ``(1) the conditions of subsection (c) or (d), as 
        applicable, are satisfied; or
            ``(2) the system is designated a `major system' by the head 
        of the agency responsible for the system.''.
            (3) Transfer of 2302d(a) and (b).--Subsections (a) and (b) 
        of section 2302d of such title are transferred to section 3041 
        of such title, as amended by paragraph (2), inserted after 
        subsection (b), as designated by paragraph (2)(B), redesignated 
        as subsections (c) and (d), respectively, and amended--
                    (A) by striking ``section 2302(5) of this title'' in 
                both subsections and inserting ``subsection (b)''; and
                    (B) in subsection (c), as so redesignated--
                          (i) by striking ``Systems.--For purposes of'' 
                      and inserting ``Systems.--
            ``(1) In general.--For purposes of'';
                          (ii) by redesignating paragraphs (1) and (2) 
                      as subparagraphs (A) and (B), respectively; and
                          (iii) by adding at the end the following new 
                      paragraph:
            ``(2) Adjustment authority.--Authority for the Secretary of 
        Defense to adjust amounts and the base fiscal year in effect 
        under this subsection is provided in section 4202(b) of this 
        title.''.

    (d) Conforming Repeal.--Section 2302 of title 10, United States 
Code, is repealed.
    (e) Conforming Cross-reference Amendments.--
            (1) Head of an agency.--The following provisions of law are 
        amended by striking ``section 2302(1)'' and inserting ``section 
        3004'':
                    (A) Section 2218(k)(4) of title 10, United States 
                Code.
                    (B) Section 2646(c)(1) of title 10, United States 
                Code.
            (2) Major system.--The following provisions of law are 
        amended by striking ``section 2302(5)'' and inserting ``section 
        3041'':
                    (A) Section 933(e)(1)(A) of the National Defense 
                Authorization Act for Fiscal Year 2013 (Public Law 112-
                239; 10 U.S.C. 2224 note).
                    (B) Section 932(b)(1) of the Ike Skelton National 
                Defense Authorization Act for Fiscal Year 2011 (Public 
                Law 111-383; 10 U.S.C. 2224 note).
                    (C) Section 254(f)(1) of the Duncan Hunter National 
                Defense Authorization Act for Fiscal Year 2009 (Public 
                Law 110-417; 10 U.S.C. 2302 note).
                    (D) Section 812(k) of the John Warner National 
                Defense Authorization Act for Fiscal Year 2007 (Public 
                Law 109-364; 10 U.S.C. 2302 note).

[[Page 134 STAT. 4156]]

                    (E) Section 4471(f)(1) of the National Defense 
                Authorization Act for Fiscal Year 1993 (Public Law 102-
                484; 10 U.S.C. 2501 note).
            (3) Nontraditional defense contractor.--The following 
        provisions of law are amended by striking ``section 2302(9)'' or 
        ``section 2302'', as the case may be, and inserting ``section 
        3014'':
                    (A) Section 1110(b)(2) of the National Defense 
                Authorization Act for Fiscal Year 2016 (Public Law 114-
                92; 10 U.S.C. 1701 note).
                    (B) Section 217(e)(2)(D) of the National Defense 
                Authorization Act for Fiscal Year 2016 (Public Law 114-
                92; 10 U.S.C. 2222 note).
                    (C) Section 843(c)(4) of the John S. McCain National 
                Defense Authorization Act for Fiscal Year 2019 (Public 
                Law 115-232; 10 U.S.C. 2302 note).
                    (D) Section 884(e)(1) of the National Defense 
                Authorization Act for Fiscal Year 2017 (Public Law 114-
                328; 10 U.S.C. 2302 note).
                    (E) Section 866(e)(3) of the Ike Skelton National 
                Defense Authorization Act for Fiscal Year 2011 (Public 
                Law 111-383; 10 U.S.C. 2302 note).
                    (F) Section 831(o)(2)(H)(i) of the National Defense 
                Authorization Act for Fiscal Year 1991 (Public Law 101-
                510; 10 U.S.C. 2302 note).
            (4) Significant nonmajor defense acquisition program.--
        Section 1737(a)(3) of title 10, United States Code, is amended 
        by striking ``section 2302(5)(A)'' both places it appears and 
        inserting ``section 3041(b)(1)''.
            (5) Simplified acquisition threshold.--Section 801(f)(4) of 
        the National Defense Authorization Act for Fiscal Year 2008 
        (Public Law 110-181; 10 U.S.C. 2304 note) is amended by striking 
        ``section 2302(7)'' and inserting ``section 3015(a)'':
SEC. 1807. GENERAL MATTERS.

    (a) New Chapter.--Part V of subtitle A of title 10, United States 
Code, as added by section 801 of the John S. McCain National Defense 
Authorization Act for Fiscal Year 2019 (Public Law 115-232), <<NOTE: 10 
USC 3021 prec.>>  is amended by striking chapter 203 and inserting the 
following:

<<NOTE: 10 USC 3062 prec.>> ``CHAPTER 203--GENERAL MATTERS

``Sec.
``3061. [Reserved].
``3062. Regulations.
``3063. Covered agencies.
``3064. Applicability chapter 137 legacy provisions.
``3065. Assignment and delegation of procurement functions and 
           responsibilities: delegation within agency.
``3066. Assignment and delegation of procurement functions and 
           responsibilities: procurements for or with other agencies.
``3067. Approval required for military department termination or 
           reduction in participation in joint acquisition programs.
``3068. Inapplicability of certain laws.
``3069. Buy-to-budget acquisition: end items.
``3070. Limitation on acquisition of excess supplies.
``3071. [Reserved].
``3072. Comptroller General assessment of acquisition programs and 
           initiatives.''.

    (b) Section 2202 of Title 10 (partial).--

[[Page 134 STAT. 4157]]

            (1) In general.--Chapter 203 of title 10, United States 
        Code, as amended by subsection (a), is amended by inserting 
        after the table of sections the following new sections:
``Sec. 3062. <<NOTE: 10 USC 3062.>>  Regulations

    ``The Secretary of Defense shall prescribe regulations governing the 
performance within the Department of Defense of the procurement 
functions, and related functions, of the Department of Defense.''.
            (2) Conforming amendments.--
                    (A) Section 2202 of title 10, United States Code, is 
                amended by striking ``procurement,''.
                    (B) <<NOTE: 10 USC 2201 prec., 2202.>>  The heading 
                of such section, and the item relating to such section 
                in the table of sections at the beginning of chapter 131 
                of such title, are amended by striking the third word 
                and the comma following that word.

    (c) Section 2303 of Title 10.--
            (1) In general.--Chapter 203 of title 10, United States 
        Code, is amended by adding after section 3062, as added by 
        subsection (b), the following new sections:
``Sec.  <<NOTE: 10 USC 3063.>> 3063. Covered agencies

    ``For purposes of any provision of law referring to this section, 
the agencies named in this section are the following:
``Sec.  <<NOTE: 10 USC 3064.>> 3064. Applicability of chapter 137 
                  legacy provisions''.
            (2) Transfer of list of covered agencies.--Paragraphs (1) 
        through (6) of section 2303(a) of title 10, United States Code, 
        are transferred to the end of section 3063 of such title, as 
        added by paragraph (1).
            (3) Transfer of applicability provisions.--Subsection (a) 
        (as amended by paragraph (2)) and subsection (b) of section 2303 
        of such title are transferred to section 3064 of such title, as 
        added by paragraph (1), inserted after the section heading, and 
        amended--
                    (A) in subsection (a)--
                          (i) by striking ``This chapter'' and inserting 
                      ``General Applicability.--Any provision of this 
                      part that is a chapter 137 legacy provision;''
                          (ii) by striking ``of the following agencies'' 
                      and inserting ``by any of the agencies named in 
                      section 3063 of this title''; and
                          (iii) by striking the colon after ``funds'' 
                      and inserting a period; and
                    (B) in subsection (b), by striking ``The provisions 
                of this chapter'' and inserting ``Applicability to 
                Contracts for Installation or Alteration.--The 
                provisions of this part that are chapter 137 legacy 
                provisions''.
            (4) Conforming repeal.--Section 2303 of title 10, United 
        States Code, is repealed.

    (d) Transfer of Section 2311 of Title 10.--
            (1) Transfer.--Section 2311 of title 10, United States Code, 
        is transferred to chapter 203 of such title, inserted after 
        section 3064, as added by subsection (c), and redesignated as 
        section 3065.
            (2) Division into three sections.--The text transferred and 
        redesignated by paragraph (1) is amended--

[[Page 134 STAT. 4158]]

                    (A) by inserting after subsection (a) the following 
                new section heading:
``Sec.  <<NOTE: 10 USC 3066.>> 3066. Assignment and delegation of 
                  procurement functions and responsibilities: 
                  procurements for or with other agencies'';
                    (B) by inserting after subsection (b) the following 
                new section heading:
``Sec.  <<NOTE: 10 USC 3067.>> 3067. Approval required for 
                  military department termination or reduction in 
                  participation in joint acquisition programs'';
                    (C) in section 3065, as so redesignated--
                          (i) by striking ``(a) In General.--''; and
                          (ii) by striking ``under this chapter'' and 
                      inserting ``under any provision of this part that 
                      is a chapter 137 legacy provision'';
                    (D) in section 3066, as so designated--
                          (i) by striking ``(b) Procurements for or With 
                      Other Agencies.--Subject to subsection (a)'' and 
                      inserting ``Subject to section 3065 of this 
                      title'';
                          (ii) by striking ``covered by this chapter'' 
                      and inserting ``covered by any provision of this 
                      part that is a chapter 137 legacy provision''; and
                          (iii) by striking ``section 2303'' and 
                      inserting ``section 3063''; and
                    (E) in section 3067, as so designated--
                          (i) by redesignating subsection (c) as 
                      subsection (a);
                          (ii) by striking ``(1)'';
                          (iii) by redesignating paragraph (2) as 
                      subsection (b) and inserting ``Required Content of 
                      Regulations.--'' before ``The regulations''; and
                          (iv) by redesignating subparagraphs (A) and 
                      (B) as paragraphs (1) and (2), respectively.
            (3) Conforming amendment.--The heading of section 3065, as 
        transferred and redesignated by paragraph (1), is amended to 
        read as follows:
``Sec. 3065. Assignment and delegation of procurement functions 
                  and responsibilities: delegation within 
                  agency''.

    (e) Transfer and Consolidation of Sections 2314 & 2315 of Title 
10.--
            (1) New section.--Chapter 203 of title 10, United States 
        Code, is amended by adding after section 3067, as designated by 
        subsection (d), the following new section:
``Sec.  <<NOTE: 10 USC 3068.>> 3068. Inapplicability of certain 
                  laws''.
            (2) Transfer of section 2314.--The text of section 2314 of 
        such title is transferred to section 3068, as added by paragraph 
        (1), inserted after the section heading, designated as 
        subsection (a), and amended--
                    (A) by inserting ``Laws Inapplicable to Agencies 
                Named in Section 3063.--'' before ``Sections''; and
                    (B) by striking ``section 2303'' and inserting 
                ``section 3063 of this title''.

[[Page 134 STAT. 4159]]

            (3) Transfer of section 2315.--The text of section 2315 of 
        such title is transferred to section 3068, as added by paragraph 
        (1), inserted after subsection (a), as transferred and 
        designated by paragraph (2), designated as subsection (b), and 
        amended by inserting ``Laws Inapplicable to Procurement of 
        Automatic Data Processing Equipment and Services for Certain 
        Defense Purposes.--'' before ``Sections''.
            (4) Conforming repeals.--Sections 2314 and 2315 of title 10, 
        United States Code, are repealed.

    (f) Transfer of Section 2308.--Section 2308 of title 10, United 
States Code, is transferred to chapter 203 of such title, inserted after 
section 3068, as added by subsection (e), redesignated as section 3069, 
and amended by striking ``section 2304'' in subsection (b)(2) and 
inserting ``sections 3201 through 3205''.
    (g) Transfer of Sections 2213 and 2229b.--
            (1) Transfer.--Sections 2213 and 2229b of such title are 
        transferred to chapter 203 of such title, inserted after section 
        3069, as transferred and redesignated by subsection (f), and 
        redesignated as sections 3070 and 3072, respectively.
            (2) Clerical amendment.--The table of sections at the 
        beginning of chapter 131 of such title <<NOTE: 10 USC 2201 
        prec.>>  is amended by striking the items relating to section 
        2213 and 2229b.
SEC. 1808. DEFENSE ACQUISITION SYSTEM.

    (a) Transfer of Chapter 149.--
            (1) Transfer of chapter.--Chapter 149 of title 10, United 
        States Code, <<NOTE: 10 USC 3101 prec.>>  is transferred to part 
        V of subtitle A of that title, as added by section 801 of the 
        John S. McCain National Defense Authorization Act for Fiscal 
        Year 2019 (Public Law 115-232), inserted in place of chapter 205 
        as enacted by that section, and redesignated as chapter 205.
            (2) Redesignation of sections.--Sections in chapter 205 of 
        title 10, United States Code, as transferred and redesignated by 
        paragraph (1), are redesignated as follows:


----------------------------------------------------------------------------------------------------------------
                                                                                                     New Section
                                          Old Section No.                                                No.
----------------------------------------------------------------------------------------------------------------
2545                                                                                                        3101
2546                                                                                                        3103
2546a                                                                                                       3102
2547                                                                                                        3104
2548                                                                                                        3105
----------------------------------------------------------------------------------------------------------------


            (3) Revision of order of sections.--
                    (A) Section 3102 of such title, as redesignated by 
                paragraph (2), is transferred within such section so as 
                to appear after section 3101, as so redesignated.
                    (B) The items in the table of sections at the 
                beginning of such chapter, as transferred by paragraph 
                (1), <<NOTE: 10 USC 3101 prec.>>  are amended to conform 
                to the redesignations made by paragraph (2) and the 
                transfer made by subparagraph (A).
            (4) Tables of chapters.--The tables of chapters at the 
        beginning of subtitle A, and at the beginning of part IV of 
        subtitle A, of title 10, United States Code, <<NOTE: 10>>