H R 6395 One Hundred Sixteenth Congress of the United States of America AT T H E S E C O N D S E S S I O N Begun and held at the City of Washington on Friday the third day of January two thousand and twenty 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 Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled 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 Sec Sec Sec 1 2 3 4 Short title Organization of Act into divisions table of contents Congressional defense committees 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 H R 6395—2 Sec Sec Sec Sec Sec 122 123 124 125 126 Limitations on Navy medium and large unmanned surface vessels Fighter force structure acquisition strategy Procurement authorities for certain amphibious shipbuilding programs Land-based test program for the FFG X Frigate program 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 Sec Sec Sec Sec Sec Sec Sec Sec 131 132 133 134 135 136 137 138 Sec 139 Sec 140 Sec 141 Sec 142 Sec Sec Sec Sec 143 144 145 146 Sec 147 Subtitle D—Air Force Programs Minimum operational squadron level Modification of force structure objectives for bomber aircraft Minimum bomber aircraft force level Required minimum inventory of tactical airlift aircraft Inventory requirements for air refueling tanker aircraft Authority to use F–35A fighter aircraft AT–1 through AT–6 F–35 aircraft gun system ammunition Extension of limitation on availability of funds for retirement of RC–135 aircraft Modification to limitation on retirement of U–2 and RQ–4 aircraft Modification of limitation on availability of funds for retirement of E–8 JSTARS aircraft Limitation on divestment of F–15C aircraft within the European theater Modernization plan for airborne intelligence surveillance and reconnaissance RC–26B manned intelligence surveillance and reconnaissance aircraft Prohibition on funding for Close Air Support Integration Group Required solution for KC–46 aircraft remote visual system limitations Analysis of moving target indicator requirements and Advanced Battle Management System capabilities 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 H R 6395—3 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 Sec Sec Sec Sec Sec Sec Sec 261 262 263 264 265 266 267 Subtitle E—Sustainable Chemistry National coordinating entity for sustainable chemistry Strategic plan for sustainable chemistry Agency activities in support of sustainable chemistry Partnerships in sustainable chemistry Prioritization Rule of construction Major multi-user research facility project Subtitle F—Plans Reports and Other Matters Sec 271 Modification to annual report of the Director of Operational Test and Evaluation H R 6395—4 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 H R 6395—5 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 Sec Sec Sec Sec 351 352 353 354 Sec Sec Sec Sec Sec 361 362 363 364 365 Sec 366 Sec 367 Sec 368 Sec 369 Sec 370 Subtitle D—Munitions Safety and Oversight Chair of Department of Defense explosive safety board Explosive Ordnance Disposal Defense Program Assessment of resilience of Department of Defense munitions enterprise Report on safety waivers and mishaps in Department of Defense munitions enterprise Subtitle E—Other Matters Pilot program for temporary issuance of maternity-related uniform items Servicewomen’s Commemorative Partnerships Biodefense analysis and budget submission Update of National Biodefense Implementation Plan Plans and reports on emergency response training for military installations Inapplicability of congressional notification and dollar limitation requirements for advance billings for certain background investigations Adjustment in availability of appropriations for unusual cost overruns and for changes in scope of work Requirement that Secretary of Defense implement security and emergency response recommendations relating to active shooter or terrorist attacks on installations of Department of Defense Clarification of food ingredient requirements for food or beverages provided by the Department of Defense 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 End strengths for Selected Reserve End strengths for Reserves on active duty in support of the Reserves End strengths for military technicians dual status 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 nontemporary military technicians dual status and end strengths for temporary military technicians dual status Sec Sec Sec Sec 411 412 413 414 Subtitle C—Authorization of Appropriations Sec 421 Military personnel H R 6395—6 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 H R 6395—7 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 H R 6395—8 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 H R 6395—9 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 H R 6395—10 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 H R 6395—11 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 H R 6395—12 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 H R 6395—13 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 H R 6395—14 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 Sec Sec Sec Sec 1071 1072 1073 1074 Sec 1075 Sec 1076 Sec 1077 Sec 1078 Sec 1079 Subtitle F—Studies and Reports FFRDC study of explosive ordnance disposal agencies Study on force structure for Marine Corps aviation Report on joint training range exercises for the Pacific region Reports on threats to United States forces from small unmanned aircraft systems worldwide Under Secretary of Defense Comptroller reports on improving the budget justification and related materials of the Department of Defense Quarterly briefings on Joint All Domain Command and Control effort Report on civilian casualty resourcing and authorities Comptroller General Review of Department of Defense efforts to prevent resale of goods manufactured by forced labor in commissaries and exchanges 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 H R 6395—15 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 H R 6395—16 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 H R 6395—17 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 H R 6395—18 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 Sec 1271 Sec 1272 Sec 1273 Sec 1274 Sec 1275 Sec Sec Sec H—United States Israel Security Assistance Authorization Act of 2020 Short title Sense of Congress on United States-Israel relationship Security assistance for Israel Extension of war reserves stockpile authority Rules governing the transfer of precision-guided munitions to Israel above the annual restriction 1276 Eligibility of Israel for the strategic trade authorization exception to certain export control licensing requirements 1277 United States Agency for International Development memoranda of understanding to enhance cooperation with Israel 1278 Cooperative projects among the United States Israel and developing countries 1279 Joint cooperative program related to innovation and high-tech for the Middle East region 1280 Cooperation on directed energy capabilities 1280A Other matters of cooperation 1280B Appropriate congressional committees defined Sec Sec Sec Sec Sec 1281 1282 1283 1284 1285 Sec Sec Sec Sec Subtitle I—Global Child Thrive Act of 2020 Short title Sense of Congress Assistance to improve early childhood outcomes globally Special advisor for assistance to orphans and vulnerable children 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 H R 6395—19 Sec Sec Sec Sec Sec Sec 1299N 1299O 1299P 1299Q 1299R 1299S Payment of passport fees for certain individuals Resumption of Peace Corps operations Establishment of the Open Technology Fund United States Agency for Global Media Leveraging information on foreign traffickers 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 Sec Sec Sec Sec Sec 1401 1402 1403 1404 1405 Subtitle A—Military Programs Working capital funds Chemical agents and munitions destruction defense Drug interdiction and counter-drug activities defense-wide Defense Inspector General 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 Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec 1501 1502 1503 1504 1505 1506 1507 1508 1509 1510 Subtitle A—Authorization of Appropriations Purpose Overseas contingency operations Procurement Research development test and evaluation Operation and maintenance Military personnel Working capital funds Drug interdiction and counter-drug activities defense-wide Defense Inspector General 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 H R 6395—20 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 H R 6395—21 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 H R 6395—22 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 Sec Sec Sec Sec Sec 1806 1807 1808 1809 1810 Subtitle A—Definitions Definitions General matters Defense acquisition system Budgeting and appropriations 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 Awarding of contracts Specific types of contracts Other matters relating to awarding of contracts Undefinitized contractual actions Task and delivery order contracts Acquisition of commercial products and commercial services Multiyear contracts Simplified acquisition procedures Rapid acquisition procedures Contracts for long-term lease or charter of vessels aircraft and combat vehicles Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec 1816 1817 1818 1819 1820 1821 1822 1823 1824 1825 Sec Sec Sec Sec Sec Sec Sec Sec 1831 1832 1833 1834 1835 1836 1837 1838 Subtitle D—General Contracting Provisions Cost or pricing data Allowable costs Proprietary contractor data and rights in technical data Contract financing Contractor audits and accounting Claims and disputes Foreign acquisitions Socioeconomic programs Sec Sec Sec Sec Sec 1841 1842 1843 1844 1845 Subtitle E—Research and Engineering Research and engineering generally Innovation Department of Defense laboratories Research and development centers and facilities 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 H R 6395—23 Sec 1862 Prohibitions and penalties Sec 1863 Contractor workforce Sec 1864 Other administrative matters Sec Sec Sec Sec Sec Sec Sec Sec 1866 1867 1868 1869 1870 1871 1872 1873 Subtitle I—Defense Industrial Base Defense industrial base generally Policies and planning Development application and support of dual-use technologies Manufacturing technology Other technology base policies and programs Small business programs Procurement technical assistance cooperative agreement program 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 Sec Sec Sec Sec Sec 2101 2102 2103 2104 2105 TITLE XXI—ARMY MILITARY CONSTRUCTION Authorized Army construction and land acquisition projects Family housing Authorization of appropriations Army Limitation on military construction project at Kwajalein Atoll 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 Sec Sec Sec Sec Sec Sec Sec 2301 2302 2303 2304 2305 2306 2307 TITLE XXIII—AIR FORCE MILITARY CONSTRUCTION Authorized Air Force construction and land acquisition projects Family housing and improvements to military family housing units Authorization of appropriations Air Force Modification of authority to carry out certain fiscal year 2018 project Modification of authority to carry out certain fiscal year 2019 projects Modification of authority to carry out certain fiscal year 2020 projects 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 H R 6395—24 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 H R 6395—25 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 H R 6395—26 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 Sec Sec Sec Sec 3101 3102 3103 3104 Subtitle A—National Security Programs and Authorizations National Nuclear Security Administration Defense environmental cleanup Other defense activities 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 H R 6395—27 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 H R 6395—28 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 Sec Sec Sec Sec Sec Sec TITLE LI—NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE 5101 National Artificial Intelligence Initiative 5102 National Artificial Intelligence Initiative Office 5103 Coordination by Interagency Committee 5104 National Artificial Intelligence Advisory Committee 5105 National Academies artificial intelligence impact study on workforce 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 H R 6395—29 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 H R 6395—30 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 Sec 8204 Sec 8205 Sec 8206 Subtitle A—Military Personnel Matters Grade on retirement Authority for officers to opt out of promotion board consideration Temporary promotion authority for officers in certain grades with critical skills Career intermission program Direct commissioning authority for individuals with critical skills Employment assistance Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Sec Subtitle B—Organization and Management Matters Congressional affairs Director Limitations on claims Renewal of temporary early retirement authority Major acquisitions operation and sustainment costs Support of women serving in the Coast Guard Disposition of infrastructure related to E–LORAN Positions of importance and responsibility Research projects transactions other than contracts and grants Acquisition workforce authorities Vessel conversion alteration and repair projects Modification of acquisition process and procedures Establishment and purpose of Fund definition Payments from Fund Determination of contributions to Fund Payments into Fund Sec 8201 Sec 8202 Sec 8203 8211 8212 8213 8214 8215 8216 8217 8218 8219 8220 8221 8222 8223 8224 8225 Subtitle C—Access to Child Care for Coast Guard Families Report on child care and school-age care assistance for qualified families Review of family support services website and online tracking system Study and survey on Coast Guard child care needs Pilot program to expand access to child care Improvements to Coast Guard-owned family housing 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 Sec Sec Sec Sec Sec Sec 8231 8232 8233 8234 8235 8236 Sec Sec Sec Sec Sec 8240 8241 8242 8243 8244 Sec 8245 Sec 8246 Sec Sec Sec Sec Sec Sec 8247 8248 8249 8250 8251 8252 Subtitle D—Reports Modifications of certain reporting requirements Report on cybersecurity workforce Report on navigation and bridge resource management Report on helicopter life-cycle support and recapitalization Report on Coast Guard response capabilities for cyber incidents on vessels entering ports or waters of the United States Study and report on Coast Guard interdiction of illicit drugs in transit zones Report on liability limits set in section 1004 of the Oil Pollution Act of 1990 Report on Coast Guard defense readiness resources allocation Report on the feasibility of liquefied natural gas fueled vessels Coast Guard authorities study Report on effects of climate change on Coast Guard Shore infrastructure Coast Guard housing status and authorities briefing H R 6395—31 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 Sec Sec Sec Sec Sec Sec Sec Sec 8271 8272 8273 8274 8275 8276 8277 8278 Subtitle E—Coast Guard Academy Improvement Act Short title Coast Guard Academy study Annual report Assessment of Coast Guard Academy admission processes Coast Guard Academy minority outreach team program Coast Guard college student pre-commissioning initiative Annual board of visitors 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 Sec Sec Sec Sec 8301 8302 8303 8304 Sec Sec Sec Sec Sec Sec Sec 8311 8312 8313 8314 8315 8316 8317 Sec Sec Sec Sec Sec 8318 8319 8320 8321 8322 Subtitle A—Navigation Electronic charts equivalency Subrogated claims Loan provisions under Oil Pollution Act of 1990 Oil pollution research and development program Subtitle B—Shipping Passenger vessel security and safety requirements application Small passenger vessels and uninspected passenger vessels Non-operating individual Conforming amendments training public safety personnel Maritime transportation assessment Engine cut-off switches use requirement Authority to waive operator of self-propelled uninspected passenger vessel requirements Exemptions and equivalents Renewal of merchant mariner licenses and documents Certificate extensions Vessel safety standards Medical standards Subtitle C—Advisory Committees Sec 8331 Advisory committees Sec 8332 Maritime Transportation System National Advisory Committee Sec 8333 Expired maritime liens H R 6395—32 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 Sec Sec Sec Sec Sec Sec 8341 8342 8343 8344 8345 8346 Subtitle D—Ports Port harbor and coastal facility security Aiming laser pointer at vessel Safety of special activities Security plans reviews Vessel traffic service Transportation work identification card pilot program TITLE LVXXXIV—MISCELLANEOUS Sec Sec Sec Sec Sec 8401 8402 8403 8404 8405 Subtitle A—Navigation and Shipping Coastwise trade Towing vessels operating outside boundary line Sense of Congress regarding the maritime industry of the United States Cargo preference study Towing vessel inspection fees review Subtitle B—Maritime Domain Awareness Unmanned maritime systems and satellite vessel tracking technologies Unmanned aircraft systems testing Land-based unmanned aircraft system program of Coast Guard 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 Sec Sec Sec Sec 8411 8412 8413 8414 Sec Sec Sec Sec Sec Sec 8421 8422 8423 8424 8425 8426 Sec Sec Sec Sec Sec Sec 8431 8432 8433 8434 8435 8436 Sec 8437 Sec 8438 Sec 8439 Sec 8440 Sec 8441 Sec Sec Sec Sec Sec Sec Sec Sec Subtitle C—Arctic Coast Guard Arctic prioritization Arctic PARS Native engagement Voting requirement Report on the Arctic capabilities of the Armed Forces Report on Arctic search and rescue Arctic Shipping Federal Advisory Committee Subtitle D—Other Matters Plan for wing-in-ground demonstration plan Northern Michigan oil spill response planning Documentation of LNG tankers Replacement vessel Educational vessel Waters deemed not navigable waters of the United States for certain purposes Anchorages Comptroller General of the United States study and report on vertical evacuation for tsunamis at Coast Guard Stations in Washington and Oregon Authority to enter into agreements with National Coast Guard Museum Association Video equipment access and retention of records Regulations for covered small passenger vessels TITLE LVXXXV—TECHNICAL CONFORMING AND CLARIFYING AMENDMENTS 8501 Transfers 8502 Additional transfers 8503 License exemptions repeal of obsolete provisions 8504 Maritime transportation system 8505 References to ‘‘persons’’ and ‘‘seamen’’ 8506 References to ‘‘himself’’ and ‘‘his’’ 8507 Miscellaneous technical corrections 8508 Technical corrections relating to codification of Ports and Waterways Safety Act H R 6395—33 Sec Sec Sec Sec Sec 8509 8510 8511 8512 8513 Aids to navigation Transfers related to employees of Lighthouse Service Transfers related to surviving spouses of Lighthouse Service employees Repeals related to lighthouse statutes Common appropriation structure Sec Sec Sec Sec Sec 8601 8602 8603 8604 8605 TITLE LVXXXVI—FEDERAL MARITIME COMMISSION Short title Authorization of appropriations Unfinished proceedings National Shipper Advisory Committee Transfer of Federal Maritime Commission provisions DIVISION H—OTHER MATTERS TITLE XC—HOMELAND SECURITY MATTERS Department of Homeland Security CISA Director Sector risk management agencies Review and analysis of inland waters seaport security 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 Sec Sec Sec Sec 9001 9002 9003 9004 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 Sec Sec Sec Sec 9201 9202 9203 9204 TITLE XCII—COMMUNICATIONS MATTERS Reliable emergency alert distribution improvement Wireless supply chain innovation and multilateral security Spectrum information technology modernization efforts 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 H R 6395—34 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 Sec Sec Sec Sec 9711 9712 9713 9714 Subtitle B—Combating Russian Money Laundering Short title Statement of policy Sense of Congress Determination with respect to primary money laundering concern of Russian illicit finance Sec Sec Sec Sec 9721 9722 9723 9724 Subtitle C—Other Matters Certified notice at completion of an assessment Ensuring Chinese debt transparency Accountability for World Bank Loans to China Fairness for Taiwan nationals regarding employment at international financial institutions Sec Sec Sec Sec Sec Sec Sec Sec TITLE XCIX—CREATING HELPFUL INCENTIVES TO PRODUCE SEMICONDUCTORS FOR AMERICA 9901 Definitions 9902 Semiconductor incentives 9903 Department of Defense 9904 Department of Commerce study on status of microelectronics technologies in the United States industrial base 9905 Funding for development and adoption of measurably secure semiconductors and measurably secure semiconductors supply chains 9906 Advanced microelectronics research and development 9907 Prohibition relating to foreign entities of concern 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 CONGRESSIONAL DEFENSE COMMITTEES In this Act the term ‘‘congressional defense committees’’ has the meaning given that term in section 101 a 16 of title 10 United States Code H R 6395—35 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 Limitation on alteration of the Navy fleet mix Limitations on Navy medium and large unmanned surface vessels Fighter force structure acquisition strategy Procurement authorities for certain amphibious shipbuilding programs Land-based test program for the FFG X Frigate program 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 Sec Sec Sec Sec Sec Sec 121 122 123 124 125 126 Sec Sec Sec Sec Sec Sec Sec Sec 131 132 133 134 135 136 137 138 Sec 139 Sec 140 Sec 141 Sec 142 Sec Sec Sec Sec 143 144 145 146 Sec 147 Subtitle D—Air Force Programs Minimum operational squadron level Modification of force structure objectives for bomber aircraft Minimum bomber aircraft force level Required minimum inventory of tactical airlift aircraft Inventory requirements for air refueling tanker aircraft Authority to use F–35A fighter aircraft AT–1 through AT–6 F–35 aircraft gun system ammunition Extension of limitation on availability of funds for retirement of RC–135 aircraft Modification to limitation on retirement of U–2 and RQ–4 aircraft Modification of limitation on availability of funds for retirement of E–8 JSTARS aircraft Limitation on divestment of F–15C aircraft within the European theater Modernization plan for airborne intelligence surveillance and reconnaissance RC–26B manned intelligence surveillance and reconnaissance aircraft Prohibition on funding for Close Air Support Integration Group Required solution for KC–46 aircraft remote visual system limitations Analysis of moving target indicator requirements and Advanced Battle Management System capabilities 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 H R 6395—36 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 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 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 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 H R 6395—37 ‘‘ 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 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 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 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 H R 6395—38 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 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 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 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 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 landbased 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 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 H R 6395—39 d LIMITATION ON CONTRACT AWARD OR FUNDING — 1 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 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 LIMITATION ON DEVIATION FROM STRATEGY —The Secretary of the Navy may not deviate from the strategy submitted under subsection a until— 1 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 H R 6395—40 b 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 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 H R 6395—41 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 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 H R 6395—42 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 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 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 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 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 H R 6395—43 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 MODIFICATION OF FORCE STRUCTURE OBJECTIVES FOR BOMBER AIRCRAFT a MINIMUM LEVEL FOR ALL BOMBER AIRCRAFT — 1 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 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 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— H R 6395—44 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 FORM —The report under subsection a shall be submitted in unclassified form but may include a classified annex d 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 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 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 H R 6395—45 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 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 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 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 THROUGH AT–6 USE F–35A FIGHTER AIRCRAFT AT–1 a 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 longterm storage at Edwards Air Force Base California b 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 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 H R 6395—46 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 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 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 — H R 6395—47 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 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 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 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 ELEMENTS —The plan required by paragraph 1 shall include the following A 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 H R 6395—48 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 a strategy for carrying out such plan through fiscal year 2030 2 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 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 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 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 H R 6395—49 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 Not later than February 1 2021 the Secretary shall submit to the congressional defense committees an implementation strategy for the solution SEC 146 ANALYSIS OF MOVING TARGET INDICATOR REQUIREMENTS AND ADVANCED BATTLE MANAGEMENT SYSTEM CAPABILITIES a 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 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 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 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 H R 6395—50 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 ‘‘§ 231a Budgeting for life-cycle costs of aircraft for the Army Navy and Air Force annual plan and certification ‘‘ a 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 H R 6395—51 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 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 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 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 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 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 H R 6395—52 ‘‘ 4 Each annual aircraft procurement plan shall be submitted in unclassified form and shall contain a classified 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 ’’ H R 6395—53 b CLERICAL AMENDMENT —The table of sections at the beginning of chapter 9 of such title 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 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 The analysis conducted to determine the electromagnetic spectrum operations organization including the input in the plan or analysis of the results of consultation H R 6395—54 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 learningor 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 H R 6395—55 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 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 futureyears 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 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 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 H R 6395—56 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 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 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 H R 6395—57 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 CERTIFICATION ON DIRECTIVE OF IAMD RESPONSIBILITIES 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 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 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 Projected timelines for development procurement and fielding of needed capabilities to defend AND H R 6395—58 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 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 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 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 H R 6395—59 c SECRETARY OF THE MILITARY DEPARTMENT BRIEFINGS ON RESPONSE TO IAMD ASSESSMENT — 1 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 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 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 counterunmanned 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 H R 6395—60 a functional capability and capacity to meet the requirements of the combatant commands SEC 156 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 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 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 multidomain 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 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 H R 6395—61 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 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 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 All reports required by section 167 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1250 4 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 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 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 The following reports for the F–35 aircraft program as prepared by the Director of Operational Test and Evaluation H R 6395—62 A A report on the results of the realistic survivability testing of the F–35 aircraft as described in section 2366 d of title 10 United States Code B A report on the results of the initial operational test and evaluation conducted for program as described in section 2399 b 2 of such title 8 A mitigation strategy and implementation plan to address each critical deficiency in the F–35 aircraft autonomic logistics information system that has been identified as of the date of enactment of this Act 9 A certification that the F–35A aircraft meets required mission reliability performance using an average sortie duration of 2 hours and 30 minutes 10 A certification that the Secretary has developed and validated a fully integrated and realistic schedule for the development production and integration of Block 4 Technical Refresh 3 capabilities for the F–35 aircraft that includes a strategy for resolving all software technical debt that has accumulated within the F–35 operational flight program source code during development production and integration of Technical Refresh 1 and Technical Refresh 2 capabilities 11 The following A A complete list of hardware modifications that will be required to integrate Block 4 capabilities into lot 16 and lot 17 production F–35 aircraft B An estimate of the costs of any engineering changes required as a result of such modifications C A comparison of those engineering changes and costs with the engineering changes and costs for lot 15 production F–35 aircraft SEC 160 F–35 AIRCRAFT MUNITIONS Subject to the availability of appropriations the Secretary of the Air Force and the Secretary of the Navy shall in coordination with the Director of the F–35 Joint Program Office certify for use by the Armed Forces under the jurisdiction of such Secretary munitions for F–35 aircraft that are qualified on F–35 partner aircraft of North Atlantic Treaty Organization NATO member nations as of the date of the enactment of this Act SEC 161 REDESIGN STRATEGY FOR THE AUTONOMIC LOGISTICS INFORMATION SYSTEM FOR THE F–35 FIGHTER AIRCRAFT a IN GENERAL —Not later than March 1 2021 the Under Secretary of Defense for Acquisition and Sustainment shall in consultation with the Director of the F–35 Aircraft Joint Program Office submit to the congressional defense committees the following 1 A report describing a program-wide process for 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 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 H R 6395—63 costs of designing procuring and fielding the F–35 Operational Data Integrated Network system b UPDATES —In each quarterly briefing required by section 155 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public 115–232 132 Stat 1672 for a calendar quarter beginning on or after January 1 2022 the Under Secretary and the Director shall include an update containing current information on the following 1 The manner in which the F–35 Autonomic Logistics Information System is affecting fleet performance of the F– 35 aircraft fleet 2 The progress being made to develop procure and field the F–35 Operational Data Integrated Network system SEC 162 BRIEFINGS ON SOFTWARE REGRESSION TESTING FOR F– 35 AIRCRAFT During the quarterly briefing required by section 155 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 132 Stat 1672 covering a quarter in which mission systems production software for the F–35 aircraft was released to units operating such aircraft under the F–35 aircraft continuous capability development and delivery program the Under Secretary of Defense for Acquisition and Sustainment shall in consultation with the Director of Operational Test and Evaluation brief the congressional defense committees with the following with respect to the missions systems production software for the F– 35 aircraft 1 An explanation of the types and methods of regression testing that were completed for the production release of the software concerned to ensure compatibility and proper functionality with— A the fire control radar system of each variant of the F–35 aircraft and B all weapons certified for carriage and employment on each variant of the F–35 aircraft 2 An identification of any entities that conducted regression testing of such software including any development facilities of the Federal Government or contractors that conducted such testing 3 A list of deficiencies identified during regression testing of such software or by operational units after fielding of such software and an explanation of— A any software modifications including quick-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 H R 6395—64 SEC 163 PROHIBITION ON USE OVERWATCH PROGRAM OF FUNDS FOR THE ARMED None of the funds authorized to be appropriated by this Act or otherwise made available for the Department of Defense may be used to and the Department may not— 1 procure armed overwatch aircraft for the United States Special Operations Command in fiscal year 2021 or 2 procure armed overwatch aircraft for the Air Force in fiscal years 2021 through 2023 SEC 164 ACCELERATION OF DEVELOPMENT AND FIELDING OF COUNTER UNMANNED AIRCRAFT SYSTEMS ACROSS THE JOINT FORCE a IMMEDIATE OBJECTIVE FOR EXECUTIVE SUAS —The Executive Agent of the Joint Counter AGENT FOR C– 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 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— H R 6395—65 1 oversee the execution of all counter unmanned aircraft systems being developed by the military departments as of the day before the date of the enactment of this Act and 2 ensure that the plan prioritized by subsection a guides future programmatic and funding decisions for activities relating to counter unmanned aircraft systems including any cancellation of such activities SEC 165 AIRBORNE INTELLIGENCE SURVEILLANCE AND RECONNAISSANCE ACQUISITION ROADMAP FOR THE UNITED STATES SPECIAL OPERATIONS COMMAND a 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 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 H R 6395—66 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 NOTIFICATION —Not later than 180 days after the date of the enactment of this Act and on a semi-annual basis thereafter until the date specified in subsection b the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a written notification that describes with respect to the period covered by the notification— 1 the efforts of the service acquisition executives of the Department of the Air Force and the Department of the Navy to replace ejection seat aircraft locator beacons that are— A installed on covered aircraft and B inoperable in water or in wet conditions and 2 the funding allocated for such efforts b DATE SPECIFIED —The date specified in this subsection is the earlier of— 1 the date on which the Under Secretary of Defense for Acquisition and Sustainment determines that all ejection seat aircraft locator beacons installed on covered aircraft are operable in water and wet conditions or 2 the date that is 5 years after the date of the enactment of this Act c DEFINITIONS —In this section 1 The term ‘‘covered aircraft’’ means aircraft of the Air Force the Navy and the Marine Corps that are equipped with ejection seats 2 The term ‘‘service acquisition executive of the 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 H R 6395—67 Sec 212 Disclosure requirements for recipients of Department of Defense research and development funds Sec 213 Modification of national security innovation activities and pilot program on strengthening the defense industrial and innovation base Sec 214 Updates to Defense Quantum Information Science and Technology 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 Sec Sec Sec Sec Sec Sec Sec 261 262 263 264 265 266 267 Subtitle E—Sustainable Chemistry National coordinating entity for sustainable chemistry Strategic plan for sustainable chemistry Agency activities in support of sustainable chemistry Partnerships in sustainable chemistry Prioritization Rule of construction Major multi-user research facility project Subtitle F—Plans Reports and Other Matters Sec 271 Modification to annual report of the Director of Operational Test and Evaluation H R 6395—68 Sec 272 Modification to Test Resource Management Center strategic plan 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 A cooperative research and development project may be entered into under this section under which costs are shared between the participants on an unequal basis if the Secretary of Defense or an official specified in subsection b 2 to whom the Secretary delegates authority under this paragraph makes a written determination that unequal cost sharing provides strategic value to the United States or another participant in the project ‘‘ 3 For purposes of this subsection the term ‘cost’ means the total value of cash and non-cash contributions ’’ H R 6395—69 SEC 212 DISCLOSURE REQUIREMENTS FOR RECIPIENTS OF 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 ‘‘§ 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 is amended by adding at the end the following new item ‘‘2374b Disclosure requirements for recipients of research and development funds ’’ b EFFECTIVE DATE AND APPLICABILITY —The amendments made by subsection a shall take effect on October 1 2021 and shall apply with respect to funds for research and development that are awarded by the Department of Defense on or after that date SEC 213 MODIFICATION OF NATIONAL SECURITY INNOVATION ACTIVITIES AND PILOT PROGRAM ON STRENGTHENING THE DEFENSE INDUSTRIAL AND INNOVATION BASE a NATIONAL SECURITY INNOVATION ACTIVITIES —Section 230 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 10 U S C 2358 note is amended— 1 by striking subsection h 2 by redesignating subsections e through g as 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 H R 6395—70 ‘‘ B determining how such activities may be used to support the overall technology strategy of the Department of Defense ‘‘ 2 EXISTING FEDERAL ADVISORY COMMITTEES DEFINED — In this subsection the term ‘existing Federal advisory 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 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’’ H R 6395—71 C in paragraph 4 by striking ‘‘manufacturers’’ and inserting ‘‘companies’’ and D in paragraph 5 by striking ‘‘manufacturers’’ and inserting ‘‘companies’’ 5 in subsection d by striking ‘‘the date that is four years after the date of the enactment of this Act’’ and inserting ‘‘December 31 2026’’ and 6 in subsection e by striking ‘‘January 31 2022’’ and inserting ‘‘January 31 2027’’ SEC 214 UPDATES TO DEFENSE QUANTUM INFORMATION SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOPMENT 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 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 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 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— H R 6395—72 ‘‘ i describing how memoranda of understanding may be used to coordinate the directed energy activities conducted by the Department of Defense using amounts authorized to be appropriated for research development test and evaluation and ‘‘ ii proposing the establishment of specific 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 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 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 ’’ H R 6395—73 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 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 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 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— H R 6395—74 A the effective and efficient development of new capabilities in the area and B the operational use of appropriate technologies 2 conducting annual assessments of workforce 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 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 H R 6395—75 of appropriate research and engineering activities with each of the senior officials designated under subsection a e CONFORMING AMENDMENTS —Section 218 of the John Warner National Defense Authorization Act for Fiscal Year 2007 Public Law 109–364 10 U S C 2358 note is amended— 1 in subsection a by striking the second sentence and inserting ‘‘The Office shall carry out the program and activities described in subsections b and c and shall have such other responsibilities relating to hypersonics as the Secretary shall specify’’ 2 by striking subsections b e and f 3 by redesignating subsections c and d as subsections b and c respectively 4 in subsection b 1 as so redesignated by striking ‘‘provide the Office with’’ and all that follows through the period at the end and inserting ‘‘provide the Office with foundational and applied hypersonic research development and workforce support in areas that the Office determines to be relevant for the Department of Defense ’’ 5 in subsection c as so redesignated— A in the matter preceding paragraph 1 by striking ‘‘In carrying out the program required by subsection b the Office’’ and inserting ‘‘The Office’’ B by amending paragraph 1 to read as follows ‘‘ 1 Expedite testing evaluation and acquisition of hypersonic technologies to meet the stated needs of the warfighter including flight testing ground-based-testing and underwater launch testing ’’ C by striking paragraphs 2 and 3 D by redesignating paragraphs 4 5 6 and 7 as paragraphs 2 3 4 and 6 respectively E by amending paragraph 2 as so redesignated to read as follows ‘‘ 2 Ensure prototyping demonstration programs on hypersonic systems integrate advanced technologies to speed the maturation and deployment of future hypersonic systems ’’ F by amending paragraph 3 as so redesignated to read as follows ‘‘ 3 Ensure that any demonstration program on hypersonic systems is carried out only if determined to be consistent with the roadmap for the relevant critical technology area supportive of the National Defense Strategy as developed by the senior official with responsibility for such area under section 217 of the William M Mac Thornberry National Defense Authorization Act for Fiscal Year 2021 ’’ G by amending paragraph 4 as so redesignated to read as follows ‘‘ 4 Develop strategies and roadmaps for hypersonic 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 H R 6395—76 ‘‘ 6 Coordinate with relevant stakeholders and agencies to support the technological advantage of the United States in developing hypersonic systems ’’ SEC 218 EXECUTIVE AGENT FOR AUTONOMY a IN GENERAL —Not later than February 1 2022 the 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 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 H R 6395—77 3 Section 2374a of title 10 United States Code relating to prizes for advanced technology achievements 4 Section 2474 of title 10 United States Code relating to Centers of Industrial and Technical Excellence 5 Section 2521 of title 10 United States Code relating to the Manufacturing Technology Program 6 Subchapter VI of chapter 33 of title 5 United States Code relating to assignments to and from States 7 Chapter 47 of title 5 United States Code relating to personnel research programs and demonstration projects 8 Section 12 of the Stevenson-Wydler Technology 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 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 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 H R 6395—78 shall carry out a program of research and development in social science management science and information science b PURPOSES —The purposes of the program under subsection a are as follows 1 To ensure that the Department of Defense has access to innovation and expertise in social science management science and information science to enable the Department to improve the effectiveness efficiency and agility of the 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— H R 6395—79 A to ensure the Department of Defense is more agile efficient and effective in organizational management and in deterring and countering current and emerging threats and B to support the National Defense Strategy c ADMINISTRATION —The Under Secretary of Defense for Research and Engineering shall supervise the planning management and coordination of the program under subsection a d ACTIVITIES —The Under Secretary of Defense for Research and Engineering in consultation with the Under Secretary of Defense for Policy the Secretaries of the military departments and the heads of relevant Defense Agencies shall— 1 prescribe a set of long-term challenges and a set of specific technical goals for the program including— A optimization of analysis of national security data sets B development of innovative defense-related 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 longterm 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 H R 6395—80 iii and the ability of such advances and innovations to enhance the efficiency and effectiveness of the Department and 4 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 IN GENERAL —Not later than one year after the date of the enactment of this Act the Under Secretary of Defense for Research and Engineering shall develop and issue guidance for defense-related social science management science and information science activities including— A classification and data management plans for such activities B policies for control of personnel participating in such activities to protect national security interests and C ensuring that research findings and innovations in the fields of social science management science and information science are incorporated into the activities and strategic documents of the Department 2 UPDATES —The Under Secretary of Defense for Research and Engineering shall regularly update the guidance issued under paragraph 1 f DESIGNATION OF ENTITY —The Secretary of each military department may establish or designate an entity or activity under the jurisdiction of such Secretary which may include a Department of Defense Laboratory an academic institution or another 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 FORM OF REPORT —The report required under paragraph 1 shall be submitted in unclassified form but may include a classified annex SEC 221 ACCOUNTABILITY MEASURES RELATING TO THE ADVANCED BATTLE MANAGEMENT SYSTEM a COST ASSESSMENTS — H R 6395—81 1 INITIAL COST ESTIMATE —Not later than 180 days after the date of the enactment of this Act the Secretary of the Air Force in consultation with the Director of Cost Assessment and Program Evaluation shall— A define key technical programmatic and operational characteristics for the Advanced Battle Management System and B produce an initial cost estimate for the System that includes— i estimated costs for each product category described in the report submitted to Congress under section 236 the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1281 and ii a description of each cost estimating 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 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 H R 6395—82 how the Secretary plans to ensure the security and resiliency of the Advanced Battle Management System including a description of any information assurance and anti-tamper requirements for the System d ADDITIONAL REPORT AND BRIEFINGS —Not later than April 1 2021 the Secretary of the Air Force shall submit to the 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 a timeline for the technical maturation of such product line capabilities and C a notional schedule for fielding such product line capabilities over the period covered by the most recent future-years defense program submitted under section 221 of title 10 United States Code as of the date of the report 2 BRIEFING ON ACQUISITION AUTHORITIES —A briefing on the allocation of responsibilities among the individuals and entities responsible for acquisition for the Advanced Battle Management System including an explanation of how decisionmaking 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 —A briefing which may be provided in classified or unclassified form that explains how and to what extent the Advanced Battle Management System will be aligned and coordinated with the Common Mission Control Center of the Air Force e ADVANCED BATTLE MANAGEMENT SYSTEM DEFINED —In this section the term ‘‘Advanced Battle Management System’’ has the meaning given that term in section 236 c of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 133 Stat 1281 f CONFORMING REPEAL —Section 147 g of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 132 Stat 1670 is repealed SEC 222 ACTIVITIES TO IMPROVE FIELDING HYPERSONIC CAPABILITIES OF AIR FORCE a IMPROVEMENT OF GROUND-BASED TEST FACILITIES —The Secretary of Defense shall take such actions as may be necessary to improve ground-based test facilities used for the research development test and evaluation of hypersonic capabilities b INCREASING FLIGHT TEST RATE —The Secretary of Defense shall increase the rate at which hypersonic capabilities are flight tested to expedite the maturation and fielding of such capabilities c STRATEGY AND PLAN —Not later than 60 days after the date of the enactment of this Act the Chief of Staff of the Air Force in consultation with the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a strategy and plan for fielding air-launched and air- H R 6395—83 breathing hypersonic weapons capabilities within the period of three years following such date of enactment d REPORT —In addition to the strategy and plan required under subsection c not later than 60 days after the date of the enactment of this Act the Under Secretary of Defense for Research and Engineering in consultation with the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report on the testing capabilities and infrastructure used for hypersonic weapons development The report shall include— 1 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 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 certify that the disclosure is current accurate and complete and C agree to update such disclosure at the request of the agency prior to the award of support and at any subsequent time the agency determines appropriate during the term of the award and 2 that any entity applying for such award certify that each covered individual who is employed by the entity and listed on the application has been made aware of the 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 H R 6395—84 B Suspend or terminate a research and development award made by that agency to the individual or entity C Temporarily or permanently discontinue any or all funding from that agency for the individual or entity D Temporarily or permanently suspend or debar the individual or entity in accordance with part 180 of title 2 Code of Federal Regulations any successor regulation or any other appropriate law or regulation from receiving government funding E Refer the failure to disclose under subsection a to the Inspector General of the agency concerned for further investigation or to Federal law enforcement authorities to determine whether any criminal or civil laws were 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 H R 6395—85 B is designated as a covered individual by the Federal research agency concerned 2 The term ‘‘current and pending research support’’— A means all resources made available or expected to be made available to an individual in support of the individual’s research and development efforts regardless of— i whether the source of the resource is foreign or domestic ii whether the resource is made available through the entity applying for a research and development award or directly to the individual or iii whether the resource has monetary value and B includes in-kind contributions requiring a 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 GOVERNANCE OF FIFTH-GENERATION WIRELESS NETWORKING IN THE DEPARTMENT OF DEFENSE a TRANSITION OF 5G WIRELESS NETWORKING TO OPERATIONAL USE — 1 TRANSITION PLAN REQUIRED —The Under Secretary of Defense for Research and Engineering in consultation with the cross functional team established under subsection c shall develop a plan to transition fifth-generation commonly known as ‘‘5G’’ wireless technology to operational use within the Department of Defense 2 ELEMENTS —The transition plan under paragraph 1 shall include the following A A timeline for the transition of responsibility for 5G wireless networking to the Chief Information Officer as required under subsection b 1 B A description of the roles and responsibilities of the organizations and elements of the Department of Defense with respect to the acquisition sustainment and operation of 5G wireless networking for the Department as determined by the Secretary of Defense in accordance with subsection d 3 INTERIM BRIEFING —Not later than March 31 2021 the Secretary of Defense shall provide to the congressional H R 6395—86 defense committees a briefing on the status of the plan required under paragraph 1 4 FINAL REPORT —Not later than September 30 2021 the Secretary of Defense shall submit to the congressional defense committees a report that includes the plan developed under paragraph 1 b SENIOR OFFICIAL FOR 5G WIRELESS NETWORKING — 1 DESIGNATION OF CHIEF INFORMATION OFFICER —Not later than October 1 2023 the Secretary of Defense shall designate the Chief Information Officer as the senior official within Department of Defense with primary responsibility for— A policy oversight guidance research and 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 H R 6395—87 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 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 crossfunctional team established under subsection c shall determine the roles and responsibilities of the organizations and elements of the Department of Defense with respect to the acquisition sustainment and operation of 5G wireless networking for the Department including the roles and responsibilities of the Office of the Secretary of Defense the intelligence components of the Department Defense Agencies and Department of Defense Field Activities the Armed Forces combatant commands and the Joint Staff e BRIEFING —Not later than 90 days after the date of the enactment of this Act the Secretary of Defense shall submit to the congressional defense committees a briefing on the progress of the Secretary in— 1 establishing the cross-functional team under subsection c and 2 determining the roles and responsibilities of the organizations and elements of the Department of Defense with respect to 5G wireless networking as required under subsection d f 5G PROCUREMENT DECISIONS —Each Secretary of a military department shall be responsible for decisions relating to the procurement of 5G wireless technology for that department g TELECOMMUNICATIONS SECURITY PROGRAM — 1 PROGRAM REQUIRED —The Secretary of Defense shall carry out a program to identify and mitigate vulnerabilities in the 5G telecommunications infrastructure of the Department of Defense 2 ELEMENTS —In carrying out the program under paragraph 1 the Secretary shall— A develop a capability to communicate clearly and authoritatively about threats by foreign adversaries B conduct independent red-team security analysis of systems subsystems devices and components of the Department of Defense including no-knowledge testing and testing with limited or full knowledge of expected functionalities H R 6395—88 C verify the integrity of personnel who are tasked with design fabrication integration configuration storage test and documentation of noncommercial 5G technology to be used by the Department D verify the efficacy of the physical security measures used at Department locations where system design fabrication integration configuration storage test and documentation of 5G technology occurs E direct the Chief Information Officer to assess using existing government evaluation models and schema where applicable 5G core service providers whose services will be used by the Department through the Department’s provisional authorization process and F direct the Defense Information Systems Agency and the United States Cyber Command to develop a capability for continuous independent monitoring of noncommercial 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 IMPLEMENTATION PLAN —Not later than 90 days after the date of the enactment of this Act the Secretary of Defense shall submit to Congress a plan for the implementation of the program under paragraph 1 4 REPORT —Not later than 270 days after submitting the plan under paragraph 3 the Secretary of Defense shall submit to Congress a report that includes— A a comprehensive assessment of the findings and conclusions of the program under paragraph 1 B recommendations on how to mitigate vulnerabilities in the telecommunications infrastructure of the 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 fifthgeneration 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 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 H R 6395—89 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 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 H R 6395—90 d IMPLEMENTATION —The Secretary shall deploy technologies developed under subsection b 1 for use by expeditionary forces not later than January 1 2025 e WATER HARVESTING DEFINED —In this section the term ‘‘water harvesting’’ when used with respect to a system or 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 UNMANNED VESSELS AWARDS FOR CERTAIN a 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 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 on the findings and recommendations of the Senior Technical Authority for the class of naval vessels that includes the covered vessel with respect to such assessment and C that includes such assessment and 2 a certification submitted to the congressional defense committees with the report described in paragraph 1 that certifies that— A the Secretary has determined in conjunction with the Senior Technical Authority for the class of naval vessels that includes the covered vessel that the critical mission hull mechanical and electrical subsystems of the covered vessel— i have been demonstrated in vessel-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 H R 6395—91 such covered vessel that cannot otherwise be met through further land-based subsystem prototyping or other demonstration approaches d LIMITATION ON WEAPON INTEGRATION — 1 IN GENERAL —The Secretary may not integrate any offensive weapon system into a covered vessel until the date that is 30 days after the date on which the Secretary of the Defense certifies to the congressional defense committees that such covered vessel— A will comply with applicable laws including the law of armed conflict with a detailed explanation of how such compliance will be achieved and B has been determined to be the most appropriate surface vessel to meet applicable offensive military 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 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 Estimated research development test and evaluation cost of baseline and each alternative I Estimated lead vessel and average follow-on vessel procurement costs of baseline and each alternative J Life-cycle costs of baseline and each alternative H R 6395—92 K Life-cycle cost per baseline vessel and each alternative vessel L Life-cycle cost per specified quantity of baseline vessels and alternative vessels M Technology readiness assessment of baseline and each alternative N Analysis of alternatives including relative cost and capability performance of baseline and alternative vessels O Trade-off analysis P Sensitivity analysis Q Conclusions and recommendations which if the Secretary of Defense deems it appropriate shall include the determination required under subsection d 1 B f DEFINITIONS —In this section 1 The term ‘‘critical mission hull mechanical and 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 The results of an assessment conducted biannually on the efforts of the Center and the Department of Defense to develop or contribute to the development of standards for artificial intelligence including— ‘‘ A a description of such efforts ‘‘ B an evaluation of the need to incorporate standards for artificial intelligence into the strategies and doctrine of the Department and a description of any efforts undertaken to further the development and adoption of such standards ‘‘ C an explanation of any collaboration on artificial intelligence standards development with— H R 6395—93 ‘‘ i other organizations and elements of the Department of Defense including the Defense Agencies and the military departments ‘‘ ii agencies of the Federal Government ‘‘ iii the intelligence community ‘‘ iv representatives of the defense industrial base and other sectors of private industry and ‘‘ v any other agencies entities organizations or persons the Secretary considers appropriate and ‘‘ D an explanation of any participation by the Center and the Department of Defense in international or other multi-stakeholder standard-setting bodies ‘‘ 12 For each member of the Armed Forces who concluded a formal assignment supporting the Center in the period of six months preceding the date of the report a position 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 An annual update developed in consultation with the Armed Forces on the status of active duty members of the Armed Forces assigned to the Center This update shall include the following ‘‘ A An assessment of the effectiveness of such 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 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 H R 6395—94 ‘‘ 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 intelligenceenabling 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 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 determines that the Director should continue to report to Deputy Secretary without intervening authority and ‘‘ ii transmits notice of such determination to the congressional defense committees H R 6395—95 ‘‘ C COVERED PERIOD DEFINED —In this paragraph the term ‘covered period’ means the period of two years 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 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 H R 6395—96 dated June 27 2018 and titled ‘Establishment of the Joint Artificial Intelligence Center’ or any successor to such Center ’’ SEC 233 BOARD OF ADVISORS FOR THE JOINT ARTIFICIAL 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 MEMBERSHIP —The board of advisors shall be composed of appropriate experts from academic or private sector organizations outside the Department of Defense who shall be appointed by the Secretary d CHAIRPERSON —The chairperson of the board of advisors shall be selected by the Secretary e MEETINGS —The board of advisors shall meet not less than once each fiscal quarter and may meet at other times at the call of the chairperson or a majority of its members f REPORTS —Not later than September 30 of each year through September 30 2024 the board of advisors shall submit to the congressional defense committees a report that summarizes the activities of the board over the preceding year g DEFINITIONS —In this section 1 The term ‘‘artificial intelligence’’ has the meaning given that term in section 238 g of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 10 U S C 2358 note 2 The term ‘‘Director’’ means the Director of the Joint Artificial Intelligence Center 3 The term ‘‘Joint Artificial Intelligence Center’’ means the Joint Artificial Intelligence Center of the Department of Defense established pursuant to the memorandum of the 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 APPLICATION OF ARTIFICIAL INTELLIGENCE TO THE DEFENSE REFORM PILLAR OF THE NATIONAL DEFENSE STRATEGY a IDENTIFICATION OF USE CASES —The Secretary of Defense acting through such officers and employees of the Department of H R 6395—97 Defense as the Secretary considers appropriate including the chief data officers and chief management officers of the military 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 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 BRIEFING —Not later than October 1 2021 the Secretary shall provide to the congressional defense committees a briefing summarizing the activities carried out under this section SEC 235 ACQUISITION OF ETHICALLY AND RESPONSIBLY DEVELOPED ARTIFICIAL INTELLIGENCE TECHNOLOGY a ASSESSMENT REQUIRED — 1 IN GENERAL —Not later than 180 days after the date of the enactment of this Act the Secretary of Defense shall conduct an assessment to determine— A whether the Department of Defense has the ability requisite resourcing and sufficient expertise to ensure that any artificial intelligence technology acquired by the Department is ethically and responsibly developed and B how the Department can most effectively 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 H R 6395—98 b BRIEFING REQUIRED — 1 IN GENERAL —Not later than 30 days after the date on which the Secretary of Defense completes the assessment under subsection a the Secretary shall provide to the 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 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— H R 6395—99 A the implementation of the strategy developed under paragraph 1 B steps that may be taken to address the threats identified under paragraph 2 C any changes to a program of record that may be required to achieve the strategy under paragraph 1 D any changes to the Defense Planning Guidance required by section 113 g 2 A of title 10 United States Code that may be required to achieve the strategy under paragraph 1 and E whether sufficient resources are available for the research activities workforce and infrastructure of the Department of Defense to support the development of capabilities to defeat emerging threats to the United States and 4 carrying out such other activities as are assigned to the Steering Committee by the Secretary of Defense d EMERGING TECHNOLOGY DEFINED —In this section the term ‘‘emerging technology’’ means technology determined to be in an emerging phase of development by the Secretary including quantum information science and technology data analytics 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 MEASURING AND INCENTIVIZING PROGRAMMING PROFICIENCY a IN GENERAL —Not later than two years after the date of the enactment of this Act the Secretary of Defense shall carry out the following activities 1 Leverage existing civilian software development and software architecture certification programs to implement coding language proficiency and artificial intelligence 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 Update existing recordkeeping systems to track artificial intelligence and programming certification testing results in a manner that is comparable to the system used for tracking and documenting foreign language competency and use that recordkeeping system to ensure that workforce coding and H R 6395—100 artificial intelligence comprehension and skills are taken into consideration when making assignments 3 Implement a system of rewards including appropriate incentive pay and retention incentives for members of the Armed Forces and civilian employees of the Department of Defense who perform successfully on specific language coding proficiency and artificial intelligence competency tests and make their skills available to the Department b INFORMATION SHARING WITH OTHER FEDERAL AGENCIES — The Secretary of Defense shall share information on the activities carried out under subsection a with the Secretary of Homeland Security the Attorney General the Director of National 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 ‘‘§ 1596c Programming language proficiency special pay for proficiency beneficial for national security interests ‘‘ a AUTHORITY —The Secretary of Defense under the sole and exclusive discretion of the Secretary may pay special pay under this section to an employee of the Department of Defense who— ‘‘ 1 has been certified by the Secretary to be proficient in a computer or digital programming language identified by the Secretary as being a language in which proficiency by civilian personnel of the Department is necessary because of national security interests and ‘‘ 2 is assigned duties requiring proficiency in that programming language ‘‘ b RATE —The rate of special pay for an employee under this section shall be prescribed by the Secretary but may not exceed 20 percent of the employee’s rate of basic pay ‘‘ c RELATIONSHIP TO OTHER PAY AND ALLOWANCES —Special pay under this section is in addition to any other pay or allowances to which the employee is entitled ‘‘ d REGULATIONS —The Secretary of Defense shall prescribe regulations to carry out this section ’’ 2 CLERICAL AMENDMENT —The table of sections at the beginning of chapter 81 of such title is amended by inserting H R 6395—101 after the item relating to section 1596b the following new item ‘‘1596c Programming language proficiency special pay for proficiency beneficial for national security interests ’’ SEC 242 MODIFICATION OF SCIENCE MATHEMATICS AND RESEARCH FOR TRANSFORMATION SMART DEFENSE EDUCATION PROGRAM Section 2192a of title 10 United States Code is amended— 1 in subsection c 1 B i by inserting ‘‘ including by serving on active duty in the Armed Forces’’ after ‘‘Department’’ 2 in subsection d — A in paragraph 1 by striking ‘‘ and’’ and inserting a semicolon B in paragraph 2 by striking the period at the end and inserting ‘‘ and’’ and C by adding at the end the following new paragraph ‘‘ 3 may establish arrangements so that participants may participate in a paid internship for an appropriate period with an industry sponsor ’’ and 3 in subsection f — A by inserting ‘‘ 1 ’’ before ‘‘The Secretary’’ and B by adding at the end the following new paragraph ‘‘ 2 The Secretary of Defense shall seek to enter into 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 H R 6395—102 ii by striking ‘‘not fewer than three’’ and inserting ‘‘not fewer than four’’ B by redesignating paragraph 2 as paragraph 3 C by inserting after paragraph 1 the following new paragraph ‘‘ 2 COORDINATION —In carrying out paragraph 1 the Secretary of Defense may act through the Defense Advanced Research Projects Agency or any other organization or element of the Department of Defense the Secretary considers 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 ENCOURAGEMENT OF CONTRACTOR SCIENCE TECHNOLOGY ENGINEERING AND MATHEMATICS STEM PROGRAMS a IN GENERAL —The Under Secretary of Defense for Research and Engineering in coordination with the Under Secretary of Defense for Acquisition and Sustainment shall develop programs and incentives to ensure that Department of Defense contractors take appropriate steps to— 1 enhance undergraduate graduate and doctoral 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 H R 6395—103 3 encourage employees to volunteer in elementary schools and secondary schools including schools that the Secretary of Defense determines serve high numbers or percentages of students from low-income families or that serve significant populations of military dependents in order to enhance STEM education and programs 4 establish partnerships with appropriate entities including institutions of higher education for the purpose of training students in technical disciplines 5 make personnel available to advise and assist in STEM educational activities aligned with functions of the Department of Defense 6 award scholarships and fellowships and establish workbased learning programs in scientific disciplines 7 conduct recruitment activities to enhance the diversity of the STEM workforce or 8 make internships available to students of secondary schools undergraduate graduate and doctoral programs in STEM disciplines b AWARD PROGRAM —The Secretary of Defense shall establish procedures to recognize defense industry contractors that demonstrate excellence in supporting STEM education partnerships programming and other activities to enhance participation in STEM fields c IMPLEMENTATION —Not later than 270 days after the date of the enactment of this Act the Under Secretary of Defense for Research and Engineering shall submit to the congressional defense committees a report on the steps taken to implement the 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 TRAINING PROGRAM FOR HUMAN RESOURCES PERSONNEL IN BEST PRACTICES FOR TECHNICAL WORKFORCE a PILOT TRAINING PROGRAM — 1 IN GENERAL —Not later than one year after the date of the enactment of this Act the Secretary of Defense acting through the Under Secretary of Defense for Personnel and Readiness and the Under Secretary of Defense for Research and Engineering shall develop and implement a pilot program to provide covered human resources personnel with training in public and private sector best practices for attracting and retaining technical talent 2 TRAINING AREAS —The pilot program shall include training in the authorities and procedures that may be used to recruit technical personnel for positions in the Department of Defense including— A appropriate direct hiring authorities H R 6395—104 B excepted service authorities C personnel exchange authorities D authorities for hiring special government employees and highly qualified experts E special pay authorities and F private sector best practices to attract and retain technical talent 3 METRICS —The Secretary of Defense shall develop metrics to evaluate the effectiveness of the pilot program in contributing to the ability of the Department of Defense to attract and retain technical talent 4 PLAN REQUIRED —The Secretary of Defense shall develop a plan for the implementation of the pilot program b REPORTS — 1 REPORT ON PLAN —Not later than one year after the date of the enactment of this Act the Secretary of Defense shall submit to the congressional defense committees a report that sets forth the plan required under subsection a 4 2 REPORT ON PILOT PROGRAM —Not later than three years after the date of the enactment of this Act the Secretary of Defense shall submit to the congressional defense committees a report on the results of the pilot program c DEFINITIONS —In this section 1 The term ‘‘covered human resources personnel’’ means members of the Armed Forces and civilian employees of the Department of Defense including human resources 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 PILOT PROGRAM ON THE USE OF ELECTRONIC PORTFOLIOS TO EVALUATE CERTAIN APPLICANTS FOR TECHNICAL POSITIONS a PILOT PROGRAM —Beginning not later than one year after the date of the enactment of this Act the Secretary of Defense shall carry out a pilot program under which certain applicants for technical positions within the Department of Defense will be evaluated in part based on electronic portfolios of the applicant’s work as described in subsection b b ACTIVITIES —Under the pilot program the human resources manager of each organization of the Department of Defense 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 as appropriate assess applicants for such positions by reviewing electronic portfolios of the applicants’ best work as selected by the applicant concerned c SCOPE OF PROGRAM —The Secretary of Defense shall carry out the pilot program under subsection a in— 1 the Joint Artificial Intelligence Center 2 the Defense Digital Service H R 6395—105 3 at least one activity of each military department as identified by the Secretary of the department concerned and 4 such other organizations and elements of the 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 assess the level of satisfaction of organization leaders hiring authorities and subject matter experts with the quality of applicants who were hired based on evaluations of electronic portfolios 3 identify other job series that could benefit from the use of electronic portfolios in the hiring process 4 recommend whether the use of electronic portfolios in the hiring process should be expanded or made permanent and 5 recommend any statutory regulatory or policy changes required to support the goals of the pilot program under 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 PILOT PROGRAM ON SELF-DIRECTED ADVANCED TECHNOLOGIES TRAINING IN a ONLINE COURSES —The Secretary of Defense shall carry out a pilot program under which the Secretary makes available a list of approved online courses relating to advanced technologies that may be taken by civilian employees of the Department of Defense and members of the Armed Forces on a voluntary basis while not engaged in the performance of their duties b PROCEDURES —The Secretary shall establish procedures for the development selection approval adoption and evaluation of online courses under subsection a to ensure that such courses are supportive of the goals of this section and overall goals for the training and education of the civilian and military workforce of the Department of Defense c DOCUMENTATION OF COMPLETION —The Secretary of Defense shall develop and implement a system— 1 to confirm whether a civilian employee of the Department of Defense or member of the Armed Forces has completed an online course approved by the Secretary under subsection a and H R 6395—106 2 to document the completion of such course by such employee or member d INCENTIVES —The Secretary of Defense shall develop and implement incentives to encourage civilian employees of the 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 PART-TIME AND TERM EMPLOYMENT OF UNIVERSITY FACULTY AND STUDENTS IN THE DEFENSE SCIENCE AND TECHNOLOGY ENTERPRISE a PROGRAM REQUIRED —Not later than 180 days after the date of the enactment of this Act the Secretary of Defense shall establish a program under which opportunities for part-time and term employment are made available in the Defense science and technology enterprise for faculty and students of institutions of higher education for the purpose of enabling such faculty and 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 H R 6395—107 2 Students shall be selected to assist with a research project under the program on the basis of— A the academic credentials and other qualifications of the student and B the student’s ability to fulfill the responsibilities assigned to the student as part of the project d MINIMUM NUMBER OF POSITIONS — 1 IN GENERAL —During the first year of the program under subsection a the Secretary of Defense shall establish not fewer than 10 part-time or term positions for faculty 2 ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING — Of the positions established under paragraph 1 not fewer than five such positions shall be reserved for faculty who will conduct research in the area of artificial intelligence and machine learning e AUTHORITIES —In carrying out the program under 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 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 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 H R 6395—108 to the congressional defense committees a report on the progress of the program Each report shall include— A the information described in subparagraphs A through C of paragraph 1 B the results of any research projects conducted under the program and C the number of students and recent graduates who pursuant to a reference from a faculty member or student participating in the program as described in subsection e 3 were hired by the Department of Defense or selected for participation in another program in the Defense science and technology enterprise g DEFINITIONS —In this section 1 The term ‘‘Defense science and technology enterprise’’ means— A the research organizations of the military 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 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 evaluate the potential for new programs fellowships and other activities at historically Black colleges or universities H R 6395—109 and minority institutions of higher education to increase 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 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 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 STUDY REQUIRED —The Secretary of Defense shall enter into an agreement with an independent academic institution to conduct a study to develop policy options and recommendations for the establishment of a program to attract and retain covered individuals for employment in the Department of Defense b ELEMENTS —The study required under subsection a shall include the following 1 An analysis of mechanisms the Department may use to engage public and private sector organizations to assist in the identification and recruitment of covered individuals for employment in the Department of Defense 2 Identification of statutory regulatory and 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 H R 6395—110 5 An analysis of the size of a program required to advance the competitiveness of the research development test and evaluation efforts of the Department in the critical technologies identified in the National Defense Strategy 6 The type and amount of resources required to implement the program described in subsection a c REPORTS — 1 INITIAL REPORT —Not later than February 1 2021 the Secretary shall submit to the congressional defense committees a report on the plan of the Secretary to execute the study required under subsection a 2 FINAL REPORT —Not later than February 1 2022 the Secretary shall submit to the congressional defense committees a report on the results of the study conducted under subsection a d COVERED INDIVIDUAL DEFINED —In this section the term ‘‘covered individual’’ means an individual who— 1 is engaged in work to promote and protect the national security of the United States 2 is engaged in basic or applied research funded by the Department of Defense and 3 possesses scientific or technical expertise that will advance the development of critical technologies identified in the National Defense Strategy or the National Defense Science and Technology Strategy required by section 218 of the John S McCain National Defense Authorization Act for Fiscal Year 2019 Public Law 115–232 132 Stat 1679 Subtitle E—Sustainable Chemistry SEC 261 NATIONAL COORDINATING ENTITY FOR SUSTAINABLE CHEMISTRY a ESTABLISHMENT —Not later than 180 days after the date of enactment of this title the Director of the Office of Science and Technology Policy shall convene an interagency entity referred to in this subtitle as the ‘‘Entity’’ under the National Science and Technology Council with the responsibility to coordinate 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 H R 6395—111 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 STRATEGIC PLAN FOR SUSTAINABLE CHEMISTRY a STRATEGIC PLAN —Not later than 2 years after the date of the enactment of this subtitle the Entity shall— 1 consult with relevant stakeholders including 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 develop a working framework of attributes characterizing and metrics for assessing sustainable chemistry as described in subsection b 3 assess the state of sustainable chemistry in the United States as a key benchmark from which progress under the activities described in this title can be measured including assessing key sectors of the United States economy key technology platforms commercial priorities and barriers to innovation 4 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 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 H R 6395—112 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 a summary of federally funded sustainable chemistry research development demonstration technology transfer commercialization education and training activities B a summary of the financial resources allocated to sustainable chemistry initiatives by each participating agency C an assessment of the current state of sustainable chemistry in the United States including the role that Federal agencies are playing in supporting it D an analysis of the progress made toward achieving the goals and priorities of this subtitle and recommendations for future program activities E an evaluation of steps taken and future strategies to avoid duplication of efforts streamline interagency coordination facilitate information sharing and spread best practices among participating agencies and F an evaluation of duplicative Federal funding and duplicative Federal research in sustainable chemistry efforts undertaken by the Entity to eliminate duplicative H R 6395—113 funding and research and recommendations on how to achieve these goals 2 SUBMISSION TO GAO —The Entity shall also submit the report described in paragraph 1 to the Comptroller General of the United States for consideration in future Congressional inquiries 3 ADDITIONAL REPORTS —The Entity shall submit a report to Congress and the Comptroller General of the United States that incorporates the information described in subparagraphs A B D E and F of paragraph 1 every 3 years commencing after the initial report is submitted until the Entity terminates SEC 263 AGENCY ACTIVITIES IN SUPPORT OF SUSTAINABLE 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 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 H R 6395—114 opportunities for professionals including teachers faculty and individuals involved in laboratory research product development materials specification and testing life cycle analysis and management 4 as relevant to an agency’s programs examine methods by which the Federal agencies in collaboration and consultation with the National Institute of Standards and Technology may facilitate the development or recognition of validated 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 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 smalland 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 H R 6395—115 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 PRIORITIZATION In carrying out this subtitle the Entity shall focus its support for sustainable chemistry activities on those that achieve to the highest extent practicable the goals outlined in the subtitle SEC 266 RULE OF CONSTRUCTION Nothing in this subtitle shall be construed to alter or amend any State law or action with regard to sustainable chemistry as defined by the State SEC 267 MAJOR MULTI-USER RESEARCH FACILITY PROJECT Section 110 of the American Innovation and Competitiveness Act 42 U S C 1862s–2 is amended by striking g 2 and inserting the following ‘‘ 2 MAJOR MULTI-USER RESEARCH FACILITY PROJECT —The term ‘major multi-user research facility project’ means a science and engineering facility project that exceeds $100 000 000 in total construction acquisition or upgrade costs to the 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— H R 6395—116 1 in subsections c 1 C and e 2 B by inserting ‘‘quadrennial’’ before ‘‘strategic plan’’ and 2 in subsection d — A in the heading by inserting ‘‘QUADRENNIAL’’ before ‘‘STRATEGIC PLAN’’ and B by inserting ‘‘quadrennial’’ before ‘‘strategic plan’’ each place it occurs b TIMING AND COVERAGE OF PLAN —Subsection d 1 of such section as amended by subsection a 2 is further amended in the first sentence by striking ‘‘two fiscal years’’ and inserting ‘‘four fiscal years and within one year after release of the National Defense Strategy ’’ c AMENDMENT TO CONTENTS OF PLAN —Subsection d 2 C of such section is amended by striking ‘‘based on current’’ and all that follows through the end and inserting ‘‘for test and 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 A summary of changes to the assessment provided in the most recent quadrennial strategic plan ‘‘ ii 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 ’’ H R 6395—117 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 An assessment of current microelectronics supply chain management best practices including— ‘‘ A intellectual property controls ‘‘ B international standards ‘‘ C guidelines of the National Institute of Standards and Technology ‘‘ D product traceability and provenance and ‘‘ E location of design manufacturing and packaging facilities ‘‘ 12 An assessment of existing risks to the current 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 A plan for increasing commercialization of intellectual property developed by the Department of Defense for commercial microelectronics research and development ‘‘ 15 An assessment of the feasibility usefulness efficacy and cost of— H R 6395—118 ‘‘ A developing a national laboratory exclusively focused on the research and development of 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 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 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 SUBMISSION —Not later than June 1 2021 the Secretary of Defense shall submit the strategy required in subsection a along with any views and recommendations and an estimated budget to implement the strategy to the President the National Security Council and the National Economic Council ’’ SEC 277 INDEPENDENT EVALUATION OF PERSONAL PROTECTIVE AND DIAGNOSTIC TESTING EQUIPMENT a INDEPENDENT EVALUATION REQUIRED —The Director of Operational Test and Evaluation shall conduct an independent evaluation of whether covered personal protective and diagnostic testing equipment is operationally effective and suitable to satisfy the specific needs and required protection of the workforce of the Department of Defense H R 6395—119 b AVAILABILITY OF INFORMATION —The Secretary of Defense shall provide the Director of Operational Test and Evaluation with such information as may be necessary for the Director to conduct the evaluations required under subsection a c REPORT TO CONGRESS —Not later than 90 days after the completion of each evaluation under subsection a the Director of Operational Test and Evaluation shall submit to the 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 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 Recommendations to improve and accelerate United States capabilities in emerging biotechnologies and the associated intelligence community expertise F Such other matters as the Secretary considers appropriate b REPORT — 1 IN GENERAL —Not later than February 1 2021 the Secretary shall submit to the congressional defense committees a report on the assessment carried out under subsection a H R 6395—120 2 FORM —The report submitted under paragraph 1 shall be submitted in the following formats— A unclassified form which may include a classified annex and B publically releasable form representing appropriate information from the report under subparagraph A c DEFINITION OF INTELLIGENCE COMMUNITY —In this section the term ‘‘intelligence community’’ has the meaning given such term in section 3 of the National Security Act of 1947 50 U S C 3003 SEC 279 ANNUAL REPORTS REGARDING THE SBIR PROGRAM OF THE DEPARTMENT OF DEFENSE a REPORTS REQUIRED —Not later than 90 days after the date of the enactment of this Act and not later than 120 days after the end of each fiscal years 2021 2022 and 2023 the Secretary of Defense after consultation with the Secretary of each military department shall submit to Congress a report that describes the following 1 The ways in which the Department of Defense is using incentives under section 9 y 6 B of the Small Business Act 15 U S C 638 y 6 B to increase the number of Phase II SBIR contracts that lead to technology transition into programs of record or fielded systems 2 The extent to which the Department has developed simplified and standardized procedures and model contracts throughout the agency for Phase I Phase II and Phase III SBIR awards as required under section 9 hh 2 A i of the Small Business Act 15 U S C 638 hh 2 A i 3 The extent to which any incentives described in this section and implemented by the Secretary of Defense have resulted in an increased number of Phase II contracts under the SBIR program of the Department of Defense leading to technology transition into programs of record or fielded systems 4 The extent to which Phase I Phase II and Phase III projects under the SBIR program of the Department align with the modernization priorities of the Department 5 Actions taken to ensure that the SBIR program of the Department aligns with the goals of the program namely— A to stimulate technological innovation B to meet Federal research and development needs C to foster and encourage participation in innovation and entrepreneurship by women and socially or 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 — H R 6395—121 1 IN GENERAL —The Under Secretary of Defense for Acquisition and Sustainment shall conduct a study to determine the underlying causes of physiological episodes affecting crewmembers of F–35 aircraft 2 ELEMENTS —The study under subsection a shall include— A an examination of each physiological episode reported by a crewmember of an F–35 aircraft as of the date of the enactment of this Act B a determination as to the underlying cause of the episode and C an examination of— i any long-term effects including potential longterm 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 any other findings and recommendations of the study b ANNUAL REPORTS ON MITIGATION EFFORTS —The Secretary of Defense in consultation with the Under Secretary of Defense for Acquisition and Sustainment shall include with the annual report required by section 224 d of the National Defense 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 ELEMENTS — A The reviews under paragraphs 1 A and 1 B shall include an assessment of— H R 6395—122 i all risks associated with cost schedule development integration production fielding and sustainment of next generation air dominance capabilities ii the technological maturity of significant hardware and software efforts planned or carried out as part of the development of such capabilities and iii affordability goals that the Air Force and the Navy as the case may be will be required to achieve during development production and sustainment activities for such capabilities that will not jeopardize or otherwise be detrimental to other high-priority future capabilities being developed and procured to support and execute other 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 conclusions recommendations and any other information the Director believes to be relevant to the review b REPORTS —The Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees— 1 a report on the results of the review conducted under subsection a 1 A with respect to the Air Force 2 a report on the results of the review conducted under subsection a 1 B with respect to the Navy and 3 a report on the results of the review conducted under subsection a 1 C SEC 282 PLAN FOR OPERATIONAL TEST AND UTILITY EVALUATION OF SYSTEMS FOR LOW-COST ATTRIBUTABLE AIRCRAFT TECHNOLOGY PROGRAM Not later than March 1 2021 the Assistant Secretary of the Air Force for Acquisition Technology and Logistics shall— 1 submit to the congressional defense committees an executable plan for the operational test and utility evaluation of systems for the Low-Cost Attributable Aircraft Technology LCAAT program of the Air Force and 2 provide to the congressional defense committees a briefing on the plan so submitted SEC 283 INDEPENDENT COMPARATIVE ANALYSIS OF EFFORTS BY CHINA AND THE UNITED STATES TO RECRUIT AND RETAIN RESEARCHERS IN NATIONAL SECURITY-RELATED AND DEFENSE-RELATED FIELDS a AGREEMENT — 1 IN GENERAL —The Secretary of Defense shall seek to enter into an agreement with the National Academies of Sciences Engineering and Medicine for the National Academies of Sciences Engineering and Medicine to perform the services covered by this section H R 6395—123 2 TIMING —The Secretary shall seek to enter into the agreement described in paragraph 1 not later than 60 days after the date of the enactment of this Act b REVIEW — 1 IN GENERAL —Under an agreement between the 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 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 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 A list of findings and recommendations relating to policies that can be implemented by the United States H R 6395—124 especially the Department of Defense and other appropriate Federal agencies to improve the relative effectiveness of United States activities to recruit and retain researchers scientists and other technical experts relative to China c REPORT — 1 IN GENERAL —Not later than one year after the date of the execution of an agreement under subsection a the National Academies of Sciences Engineering and Medicine shall— A submit to the congressional defense committees a report on the findings National Academies of Sciences Engineering and Medicine with respect to the review carried out under this section and the recommendations developed under this section and B make available to the public on a publicly accessible website a version of report that is suitable for public viewing 2 FORM —The report submitted under paragraph 1 A shall be submitted in unclassified form but may include a classified annex TITLE III—OPERATION AND MAINTENANCE Subtitle A—Authorization of Appropriations Sec 301 Authorization of appropriations Subtitle B—Energy and Environment Sec 311 Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions Sec 312 Readiness and Environmental Protection Integration Program Sec 313 Extension of real-time sound monitoring at Navy installations where 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 H R 6395—125 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 Sec Sec Sec Sec 351 352 353 354 Sec Sec Sec Sec Sec 361 362 363 364 365 Sec 366 Sec 367 Sec 368 Sec 369 Sec 370 Subtitle D—Munitions Safety and Oversight Chair of Department of Defense explosive safety board Explosive Ordnance Disposal Defense Program Assessment of resilience of Department of Defense munitions enterprise Report on safety waivers and mishaps in Department of Defense munitions enterprise Subtitle E—Other Matters Pilot program for temporary issuance of maternity-related uniform items Servicewomen’s Commemorative Partnerships Biodefense analysis and budget submission Update of National Biodefense Implementation Plan Plans and reports on emergency response training for military installations Inapplicability of congressional notification and dollar limitation requirements for advance billings for certain background investigations Adjustment in availability of appropriations for unusual cost overruns and for changes in scope of work Requirement that Secretary of Defense implement security and emergency response recommendations relating to active shooter or terrorist attacks on installations of Department of Defense Clarification of food ingredient requirements for food or beverages provided by the Department of Defense Commission on the naming of items of the Department of Defense that commemorate the Confederate States of America or any person who served voluntarily with the Confederate States of America Subtitle A—Authorization of Appropriations SEC 301 AUTHORIZATION OF APPROPRIATIONS Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses not otherwise provided for for operation and maintenance as specified in the funding table in section 4301 H R 6395—126 Subtitle B—Energy and Environment SEC 311 MILITARY AVIATION AND INSTALLATION ASSURANCE CLEARINGHOUSE FOR REVIEW OF MISSION 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 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 RETROACTIVE APPLICATION —The amendments made by paragraphs 1 and 2 shall apply to any agreement entered into under section 2684a of title 10 United States Code on or after December 2 2002 H R 6395—127 c FACILITATING AGREEMENTS WITH OTHER FEDERAL AGENCIES 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 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 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 ’’ TO SEC 313 EXTENSION OF REAL-TIME SOUND MONITORING AT NAVY INSTALLATIONS WHERE TACTICAL FIGHTER AIRCRAFT OPERATE Section 325 a 1 of the National Defense Authorization Act for Fiscal Year 2020 Public Law 116–92 is amended by striking ‘‘a 12-month period’’ and inserting ‘‘two 12-month periods including one such period that begins in fiscal year 2021’’ SEC 314 MODIFICATION OF AUTHORITY FOR ENVIRONMENTAL 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— H R 6395—128 1 in subsection a by inserting ‘‘ except as provided in subsections d 3 and e ’’ before the period at the end 2 in subsection c by striking ‘‘A project’’ and inserting ‘‘Except as provided in subsection e 2 a project’’ 3 by redesignating subsection d as subsection f and 4 by inserting after subsection c the following new subsections ‘‘ d LOCATION OF PROJECTS —Projects carried out pursuant to this section may be carried out— ‘‘ 1 on a military installation ‘‘ 2 on a facility used by the Department of 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 ALTERNATIVE FUNDING SOURCE — 1 In carrying out a project under this section the Secretary concerned may use amounts available for operation and maintenance for the military department concerned if the Secretary concerned submits a notification to the congressional defense committees of the decision to carry out the project using such amounts and includes in the notification— ‘‘ A the current estimate of the cost of the project ‘‘ B the source of funds for the project and ‘‘ C a certification that deferral of the project for inclusion in the next Military Construction Authorization Act would be inconsistent with national security or the protection of health safety or environmental quality as the case may be ‘‘ 2 A project carried out under this section using amounts under paragraph 1 may be carried out only after the end of the 7-day period beginning on the date on which a copy of the notification described in paragraph 1 is provided in an electronic medium pursuant to section 480 of this title ‘‘ 3 The maximum aggregate amount that the Secretary 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 is amended— 1 in subsection a — A in paragraph 2 B — i by striking clause ii and ii in clause i — I by striking ‘‘ i ’’ and II by striking ‘‘ or’’ and inserting a semicolon H R 6395—129 B by redesignating paragraph 3 as paragraph 4 and C by inserting after paragraph 2 the following new paragraph 3 ‘‘ 3 maintaining or improving military installation 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 ‘‘§ 2920 Energy resilience and energy security measures on military installations ‘‘ a ENERGY RESILIENCE MEASURES — 1 The Secretary of Defense shall by the end of fiscal year 2030 provide that 100 percent of the energy load required to maintain the critical missions of each installation have a minimum level of availability of 99 9 percent per fiscal year ‘‘ 2 The Secretary of Defense shall issue standards establishing levels of availability relative to specific critical missions with such standards providing a range of not less than 99 9 percent 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 PLANNING — 1 The Secretary of Defense shall require the Secretary of each military department and the head of each Defense Agency to plan for the provision of energy resilience and energy security for installations ‘‘ 2 Planning under paragraph 1 shall— ‘‘ A promote the use of multiple and diverse sources of energy with an emphasis favoring energy resources originating on the installation such as modular generation ‘‘ B promote installing microgrids to ensure the energy security and energy resilience of critical missions and ‘‘ C favor the use of full-time installed energy sources rather than emergency generation H R 6395—130 ‘‘ c DEVELOPMENT OF INFORMATION —The planning required by subsection b shall identify each of the following for each installation ‘‘ 1 The critical missions of the installation ‘‘ 2 The energy requirements of those critical missions ‘‘ 3 The duration that those energy requirements are likely to be needed in the event of a disruption or emergency ‘‘ 4 The current source of energy provided to those critical missions ‘‘ 5 The duration that the currently provided energy would likely be available in the event of a disruption or emergency ‘‘ 6 Any currently available sources of energy that would provide uninterrupted energy to critical missions in the event of a disruption or emergency ‘‘ 7 Alternative sources of energy that could be developed to provide uninterrupted energy to critical missions in the event of a disruption or emergency ‘‘ d TESTING AND MEASURING — 1 A The Secretary of Defense shall require the Secretary of each military department and head of each Defense Agency to conduct monitoring measuring and testing to provide the data necessary to comply with this section ‘‘ B Any data provided under subparagraph A shall be made available to the Assistant Secretary of Defense for Sustainment upon request ‘‘ 2 A The Secretary of Defense shall require that black start exercises be conducted to assess the energy resilience and energy security of installations for periods established to evaluate the ability of the installation to perform critical missions without access to off-installation energy resources ‘‘ B A black start exercise conducted under subparagraph A may exclude if technically feasible housing areas commissaries exchanges and morale welfare and recreation facilities ‘‘ C The Secretary of Defense shall— ‘‘ i provide uniform policy for the military departments and the Defense Agencies with respect to conducting black start exercises and ‘‘ ii establish a schedule of black start exercises for the military departments and the Defense Agencies with each 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 Except as provided in clause ii the Secretary of each military department shall notwithstanding any other provision of law conduct black start exercises in accordance with the schedule provided for in subparagraph C ii with any such exercise not to last longer than five days ‘‘ ii The Secretary of a military department may conduct more black start exercises than those identified in the schedule provided for in subparagraph C ii ‘‘ e CONTRACT REQUIREMENTS —For contracts for energy and utility services the Secretary of Defense shall— ‘‘ 1 specify methods and processes to measure manage and verify compliance with subsection a and H R 6395—131 ‘‘ 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 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 H R 6395—132 ‘‘ 5 The term ‘installation’ has the meaning given the term ‘military installation’ in section 2801 c 4 of this title ’’ b CLERICAL AMENDMENT —The table of sections at the beginning of subchapter I of chapter 173 of such title is amended by inserting after the item relating to section 2919 the following new item ‘‘2920 Energy resilience and energy security measures on military installations ’’ SEC 317 MODIFICATION TO AVAILABILITY OF ENERGY COST SAVINGS FOR DEPARTMENT OF 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 ‘‘§ 2712 Reporting on usage and spills of aqueous filmforming foam ‘‘ a 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 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 is amended by adding at the end the following new item ‘‘2712 Reporting on usage and spills of aqueous film-forming foam ’’ H R 6395—133 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 ‘‘§ 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 Development of mitigation options for such environmental effects including development of cost-to-complete estimates and a system for prioritizing mitigation actions ‘‘ 3 Direct mitigation actions that the Secretary determines are necessary and appropriate to mitigate the adverse environmental effects of past actions by the Department ‘‘ 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 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 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 H R 6395—134 ‘‘ 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 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 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 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 PILOT PROGRAM ON ALTERNATIVE FUEL VEHICLE PURCHASING a 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 H R 6395—135 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 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 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 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 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 FORM OF REPORT —The report required under this section shall be submitted in unclassified form but may contain a classified annex H R 6395—136 SEC 324 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 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 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 H R 6395—137 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 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 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 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 H R 6395—138 SEC 326 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 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 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 icefree 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 H R 6395—139 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 H R 6395—140 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 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 FORM —The update to the adaptation roadmap required under subsection a shall be submitted in an unclassified form but may contain a classified annex 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 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 agencywide total breakdowns by military department and delineations between installation and operational emissions b FORM OF REPORT —The report required under this section shall be submitted in unclassified form but may contain a classified annex SEC 329 OBJECTIVES PERFORMANCE STANDARDS AND CRITERIA FOR USE OF WILDLIFE CONSERVATION BANKING PROGRAMS a 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 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 H R 6395—141 SEC 330 PRIZES FOR DEVELOPMENT OF NON-PFAS-CONTAINING FIREFIGHTING 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 firefighting 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 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 BRIEFING —Not later than 1 year after the date of enactment of this Act the Secretary shall provide the congressional defense H R 6395—142 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 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 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 cochaired 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 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 H R 6395—143 funding associated with such research and development during the current fiscal year disaggregated by agency B 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 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 H R 6395—144 SEC 333 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 RESEARCH AND DEVELOPMENT OF ALTERNATIVE TO AQUEOUS FILM-FORMING FOAM a 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 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 H R 6395—145 SEC 335 NOTIFICATION TO AGRICULTURAL OPERATIONS LOCATED IN AREAS EXPOSED TO DEPARTMENT OF DEFENSE PFAS USE a 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 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 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 H R 6395—146 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 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 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 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 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 perand polyfluoroalkyl substances commonly known as H R 6395—147 ‘‘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 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 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 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 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 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 H R 6395—148 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 atrisk community as defined in section 101 1 of the Healthy Forests Restoration Act of 2003 16 U S C 6511 1 2 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 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 H R 6395—149 ‘‘§ 118a National Defense Sustainment and Logistics Review ‘‘ a 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’ 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 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 steadystate 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 H R 6395—150 generate project and sustain military forces to meet steadystate 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 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 The report required under this subsection shall be submitted in classified form and shall include an unclassified summary ‘‘ c 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 is amended by inserting after the item relating to section 118 the following new item ‘‘118a National Defense Sustainment and Logistics Review ’’ c DEADLINE FOR SUBMITTAL OF FIRST REPORT —Notwith- standing 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 H R 6395—151 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 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 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 H R 6395—152 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 REPORT — 1 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 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 H R 6395—153 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 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 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 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— H R 6395—154 ‘‘ 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 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 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 is amended H R 6395—155 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 H R 6395—156 ‘‘ 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 MEETINGS — 1 The explosive safety board shall meet not less frequently than quarterly ‘‘ 2 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 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 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 H R 6395—157 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 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 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 H R 6395—158 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 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 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 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 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 Each such report shall H R 6395—159 include each of the following for the year covered by the report and each of the preceding 3 years 1 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 a summary of the justification used for providing the waiver exemption or certification C 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 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 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 PILOT PROGRAM FOR TEMPORARY ISSUANCE OF MATERNITY-RELATED UNIFORM ITEMS a 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 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 H R 6395—160 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 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 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 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 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 SERVICEWOMEN’S COMMEMORATIVE PARTNERSHIPS a 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 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 H R 6395—161 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 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 UPDATE OF NATIONAL BIODEFENSE IMPLEMENTATION PLAN a 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 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 H R 6395—162 Biodefense Strategy and metrics for meeting each objective of the Strategy c 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 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 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 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 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 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 H R 6395—163 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 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 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 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 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 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 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 H R 6395—164 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 Any recommendations resulting from the exercise v The actions taken if any to implement such recommendations C INCLUSION IN ANNUAL BUDGET SUBMISSION — i IN GENERAL —The Secretary shall include in the budget submitted to Congress by the President pursuant to section 1105 a of title 31 United States Code a summary of any report submitted to the Secretary under subparagraph A during the one-year period preceding the submittal of the budget 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 H R 6395—165 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 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 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 CLARIFICATION OF FOOD INGREDIENT REQUIREMENTS FOR FOOD OR BEVERAGES PROVIDED BY THE DEPARTMENT OF DEFENSE a IN GENERAL —Before making any final rule statement or determination regarding the limitation or prohibition of any food or beverage ingredient in military food service military medical foods commissary food or commissary food service the Secretary of Defense shall 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 H R 6395—166 2 Contact information for the appropriate office at the Department of Defense 3 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 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 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 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 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 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— H R 6395—167 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 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 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 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 A list of assets to be removed or renamed 2 Costs associated with the removal or renaming of assets in subsection g 1 3 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 — H R 6395—168 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 End strengths for Selected Reserve End strengths for Reserves on active duty in support of the Reserves End strengths for military technicians dual status 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 nontemporary military technicians dual status and end strengths for temporary military technicians dual status Sec Sec Sec Sec 411 412 413 414 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’’ H R 6395—169 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 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 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— H R 6395—170 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 H R 6395—171 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 EFFECTIVE DATE —The amendments made by subsection a shall take effect on the day after the date of the enactment of this Act The amendment made by subsection a 2 shall apply with respect to budgets submitted by the President to Congress under section 1105 of title 31 United States Code after such effective date Subtitle C—Authorization of Appropriations SEC 421 MILITARY PERSONNEL a AUTHORIZATION OF APPROPRIATIONS —Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses not 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 H R 6395—172 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 H R 6395—173 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 H R 6395—174 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 H R 6395—175 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 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 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 H R 6395—176 the military departments and the Chairman of the Joint Chiefs of Staff 3 ELEMENTS —The report required by paragraph 1 shall include the following A 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 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 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 ’’ H R 6395—177 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 ANNUAL REPORT — 1 IN GENERAL —Not later than February 1 2022 and every four years thereafter each Secretary of a military department shall submit to the 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 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 ’’ H R 6395—178 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 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 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 ‘‘§ 628a Special selection review boards ‘‘ a 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 H R 6395—179 ‘‘ 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 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 H R 6395—180 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 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 standards used by the promotion board that recommended the person for promotion ‘‘ 4 The recommendation for promotion of a person may be sustained under this section only if the special 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 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 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 H R 6395—181 apply to the report and proceedings of a promotion board convened under section 611 a of this title ‘‘ f APPOINTMENT OF PERSONS — 1 If the report of a special selection review board convened under this section recommends the sustainment of the recommendation for promotion to the next higher grade of a person whose name was referred to it for review under this section and the President approves the report the person shall as soon as practicable be appointed to that grade in accordance with subsections b and c of section 624 of this title ‘‘ 2 A person who is appointed to the next higher grade as described in paragraph 1 shall upon that 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 activeduty 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 Such regulations shall apply uniformly across the military departments ‘‘ 2 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 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 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 H R 6395—182 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 ‘‘§ 14502a Special selection review boards ‘‘ a 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 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 H R 6395—183 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 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 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 H R 6395—184 standards used by the promotion board that recommended the person for promotion ‘‘ 4 The recommendation for promotion of a person may be sustained under this section only if the special 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 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 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 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 Such regulations shall apply uniformly across the military departments ‘‘ 2 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 is amended by inserting H R 6395—185 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 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 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 H R 6395—186 ‘‘ 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’’ H R 6395—187 c DEFERRED CERS —Subsection RETIREMENT OR SEPARATION OF OTHER OFFI 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 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 ‘‘§ 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 H R 6395—188 ‘‘ 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 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 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 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 H R 6395—189 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 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 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 H R 6395—190 ‘‘ c OFFICERS IN O–9 AND O–10 GRADES — ‘‘ 1 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 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 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 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— H R 6395—191 ‘‘ A 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 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 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 H R 6395—192 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 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 H R 6395—193 ‘‘ 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 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 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 ‘‘§ 1370a Officers entitled to retired pay for non-regular service ‘‘ a 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 H R 6395—194 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 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 SERVICE-IN-GRADE REQUIREMENT FOR OFFICES IN GRADES ABOVE O–4 — ‘‘ 1 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-ingrade 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 H R 6395—195 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 threeyear 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 NOTICE TO CONGRESS ON REDUCTION IN SERVICEIN-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 H R 6395—196 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 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 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 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 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 H R 6395—197 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 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 GRADE RULES FOR THE ARMED FORCES — 1 RETIRED PAY —Title 10 United States Code is as follows RETIRED amended H R 6395—198 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 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 H R 6395—199 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 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 ELEMENTS —The elements of the review shall include the following A 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 H R 6395—200 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 ‘‘§ 2036 Grants to support science technology engineering and mathematics education ‘‘ a 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 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 H R 6395—201 ‘‘ 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 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 H R 6395—202 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 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 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 A person may not be credited more than 35 points in a one-year period under this subparagraph ‘‘ iii 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 H R 6395—203 B The number of individuals granted credit as a result of another extenuating circumstance 3 PUBLICATION —Not later than 30 days after submitting the report under paragraph 1 the Secretary shall— A publish the report on a publicly accessible website of the Department of Defense and B ensure that any data in the report is made available in a machine-readable format that is downloadable searchable and sortable SEC 517 QUARANTINE LODGING FOR MEMBERS OF THE RESERVE COMPONENTS WHO PERFORM CERTAIN SERVICE IN RESPONSE TO THE COVID–19 EMERGENCY a 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 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 H R 6395—204 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 The Secretary shall prepare the report in coordination with the Chief of the National Guard Bureau 2 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 PILOT PROGRAMS AUTHORIZED IN CONNECTION WITH SROTC UNITS AND CSPI PROGRAMS AT HISTORICALLY BLACK COLLEGES AND UNIVERSITIES AND MINORITY INSTITUTIONS a 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 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 H R 6395—205 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 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 PreCommissioning 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 H R 6395—206 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 H R 6395—207 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 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 An assessment of the effectiveness of each pilot program C A description of the cost of each pilot program and an estimate of the cost of making each pilot program permanent D 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 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 H R 6395—208 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 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 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 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 a review of data regarding the frequency and speed of such authorizations during fiscal years 2015 through 2020 and H R 6395—209 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 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 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 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 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 H R 6395—210 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 ‘‘§ 1563a Honorary promotions on the initiative of the Department of Defense ‘‘ a IN GENERAL — 1 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 H R 6395—211 ‘‘ 2 The authority to make an honorary promotion under this subsection shall apply notwithstanding that the promotion is not otherwise authorized by law ‘‘ b 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 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 H R 6395—212 ‘‘ 2 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 ‘‘§ 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 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 EXCLUSION OF OFFICIAL PHOTOGRAPHS OF MEMBERS FROM RECORDS FURNISHED TO PROMOTION SELECTION BOARDS a 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 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 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 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 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 H R 6395—213 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 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 The cost of implementing such changes C 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 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 If the Secretary can determine the number without reviewing applications described in subsection a on a caseby-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 H R 6395—214 c 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 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 ‘‘§ 1561b Confidential reporting of sexual harassment ‘‘ a 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— H R 6395—215 ‘‘ 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 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 is amended by inserting after the item relating to section 1561b the following new item ‘‘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 H R 6395—216 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 ‘‘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 H R 6395—217 ‘‘ 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 H R 6395—218 ‘‘ 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 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 COORDINATION OF SUPPORT FOR SURVIVORS OF SEXUAL TRAUMA a 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 H R 6395—219 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 POLICY FOR MILITARY SERVICE ACADEMIES ON SEPARATION OF ALLEGED VICTIMS AND ALLEGED PERPETRATORS IN INCIDENTS OF SEXUAL ASSAULT a 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 H R 6395—220 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 SAFE-TO-REPORT POLICY APPLICABLE ACROSS THE ARMED FORCES a 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 H R 6395—221 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 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 Criteria for assessing progress toward the achievement of the goals objectives and milestones referred to in subparagraph A D 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 H R 6395—222 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 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 inprogress 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 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 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 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 H R 6395—223 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 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 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 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 An assessment of the feasibility of providing crossservice Special Victims’ Counsel representation in instances H R 6395—224 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 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 NonRated 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 H R 6395—225 as the Court finds correct in law and in fact in accordance with subparagraph B 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 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 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 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 H R 6395—226 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 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 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 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 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 H R 6395—227 in paragraph 2 in any system of records records database records center or repository maintained by or on behalf of the Department b 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 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 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 H R 6395—228 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 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 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 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 ELEMENTS —The briefing required by subsection a shall include the following H R 6395—229 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 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 H R 6395—230 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 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 SPOUSES AND DEPENDENTS AND SURVIVING 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 ‘‘§ 5906 Availability of legal assistance at Department facilities ‘‘ a 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 H R 6395—231 ‘‘ 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 is amended by adding at the end the following new item ‘‘5906 Availability of legal assistance at Department facilities ’’ b PILOT PROGRAM TO ESTABLISH AND SUPPORT ANCE CLINICS — 1 PILOT PROGRAM REQUIRED — A IN GENERAL —Not later than one LEGAL ASSIST- 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 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 H R 6395—232 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 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 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 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 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 H R 6395—233 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 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 MULTIDISCIPLINARY EVENTS BOARD TO EVALUATE SUICIDE 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 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 H R 6395—234 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 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 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 H R 6395—235 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 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 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 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 H R 6395—236 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 Lists of available support services such as legal medical and victim advocacy services through the Department of Defense and the military department concerned H R 6395—237 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 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 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 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 H R 6395—238 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 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 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 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 H R 6395—239 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 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 H R 6395—240 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 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 ’’ H R 6395—241 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 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 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 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 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 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 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 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 H R 6395—242 ‘‘ 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 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 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 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 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 H R 6395—243 b REQUIREMENT TO CONSIDER ALL BEST QUALIFIED OFFICERS 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 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 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 Any data used by the Defense Board and in the development of its findings and recommendations E 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 FOR H R 6395—244 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 An estimate of the annual operating costs and staff years of the Advisory Committee F 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 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 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 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 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 — H R 6395—245 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 ’’ H R 6395—246 SEC 553 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 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 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 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 ERAL OF THE DEPARTMENT OF DEFENSE — 1 IN GENERAL —Not later than 90 days after the GEN- 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 H R 6395—247 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 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 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 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 H R 6395—248 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 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 H R 6395—249 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 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 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 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— H R 6395—250 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 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 EVALUATION OF BARRIERS TO MINORITY PARTICIPATION IN CERTAIN UNITS OF THE ARMED FORCES a STUDY REQUIRED — 1 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 Recommendations to increase the numbers of minority officers in the Armed Forces G Recommendations to increase minority participation in covered units H R 6395—251 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 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 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 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 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 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 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 H R 6395—252 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 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 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 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 is amended by striking ‘‘five’’ and inserting ‘‘six’’ b 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 AUTHORIZATIONS FOR CERTAIN AWARDS a DISTINGUISHED-SERVICE CROSS TO RAMIRO F OLIVO ACTS OF VALOR DURING THE VIETNAM WAR — FOR H R 6395—253 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 H R 6395—254 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 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 An assessment of the conditions of service of radiationexposed veterans 3 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 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 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 H R 6395—255 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 ’’ H R 6395—256 3 CONFORMING AND CLERICAL AMENDMENTS — A HEADING AMENDMENT —The heading of such section is amended to read as follows ‘‘§ 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 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 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— H R 6395—257 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 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 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 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 H R 6395—258 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 INFORMATION ON NOMINATIONS AND APPLICATIONS FOR MILITARY SERVICE ACADEMIES a NOMINATIONS PORTAL — 1 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 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 H R 6395—259 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 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 make the results of each report under paragraph 1 available on a publicly accessible website of the Department of Defense and B 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 H R 6395—260 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 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 H R 6395—261 d ADDITIONAL ELEMENTS —In addition to the matters described in subsection a the review and report under this section shall also include the following 1 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 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 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 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 H R 6395—262 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 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 such recommendations as the Secretary may have for higher education in the counterterrorism irregular and asymmetrical domains SEC 578 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 H R 6395—263 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 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 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 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 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 H R 6395—264 Subtitle I—Military Family Readiness and Dependents’ Education SEC 581 FAMILY READINESS DEFINITIONS STRATEGY REVIEW REPORT COMMUNICATION a 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 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 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 H R 6395—265 ‘‘ 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 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 H R 6395—266 C The level of satisfaction of military families with special needs with the family and medical support they are provided 7 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 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 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’’ H R 6395—267 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 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 H R 6395—268 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 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 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 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 IMPROVEMENTS TO PARTNER CRITERIA OF THE MILITARY SPOUSE EMPLOYMENT PARTNERSHIP PROGRAM a 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 H R 6395—269 4 Companies that employ telework b 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 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 Such report shall include the following 1 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 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 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 an assessment whether the child care needs of members of the Armed Forces and civilian employees of H R 6395—270 the Department described in subsection a would be better met by an increase in assistance for child care fees D 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 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 PILOT PROGRAM TO PROVIDE FINANCIAL ASSISTANCE TO MEMBERS OF THE ARMED FORCES FOR IN-HOME CHILD CARE a 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 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 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 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 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 H R 6395—271 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 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 H R 6395—272 Defense to make payments to local educational agencies determined by the Secretary to have higher concentrations of military children with severe disabilities 3 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 STUDENTTO-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 studentto-teacher ratios that do not exceed the maximum student-toteacher 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 PILOT PROGRAM TO EXPAND ELIGIBILITY FOR ENROLLMENT AT DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY SCHOOLS a 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 to evaluate the feasibility and advisability of expanding enrollment in covered DODEA schools and 2 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 H R 6395—273 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 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 To evaluate the feasibility and scalability of the DVHS program B 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 H R 6395—274 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 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 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 TRAINING PROGRAM REGARDING FOREIGN MALIGN INFLUENCE CAMPAIGNS a 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 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 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 H R 6395—275 SEC 589F STUDY ON CYBEREXPLOITATION AND ONLINE DECEPTION OF MEMBERS OF THE ARMED FORCES AND THEIR FAMILIES a 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 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 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 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 H R 6395—276 and the Senate a report on the findings of the Secretary with respect to the study under subsection a 2 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 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 H R 6395—277 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— H R 6395—278 A 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 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 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 is amended H R 6395—279 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 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 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 — H R 6395—280 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 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 H R 6395—281 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 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 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 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 H R 6395—282 1 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 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 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 H R 6395—283 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 INCREASE IN BASIC PAY 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 — H R 6395—284 1 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 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 STATES — FOR DUTY OUTSIDE THE CONTINENTAL UNITED H R 6395—285 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 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 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 ONE-TIME UNIFORM ALLOWANCE FOR OFFICERS WHO TRANSFER TO THE SPACE FORCE a 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 during the period beginning on December 20 2019 and ending on September 30 2022 and 2 on or after the date the Secretary of the Air Force prescribes the official uniform for the Space Force H R 6395—286 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’’ H R 6395—287 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 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’’ H R 6395—288 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 ’’ H R 6395—289 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 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 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 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 ’’ H R 6395—290 b REPEAL OF SUPERSEDED AUTHORITY —Section 476 of such title 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 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’’ H R 6395—291 SEC 626 RECALCULATION OF FINANCIAL ASSISTANCE FOR PROVIDERS OF CHILD CARE SERVICES AND YOUTH PROGRAM SERVICES FOR DEPENDENTS a 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 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 H R 6395—292 agreement described in subsection e 3 or has ceased to be an eligible military spouse 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 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 Legislation the Secretary determines necessary to permit contributions and transfers described in paragraph 1 c 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 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— H R 6395—293 A the report under paragraph 1 B 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 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 The estimated cost of the expansion described in subsection a 3 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 An assessment of existing programs of the Department of Defense that provide financial assistance described in subsection a 5 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 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 H R 6395—294 2 Administrative requirements for an eligible remarried spouse to obtain access described in subsection a 3 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 ‘‘§ 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 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 H R 6395—295 ‘‘ 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 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 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 UPDATED BUSINESS CASE ANALYSIS FOR CONSOLIDATION OF THE DEFENSE RESALE SYSTEM a 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 H R 6395—296 d 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 — H R 6395—297 1 SECTION HEADING —The heading of such section is amended to read as follows ‘‘§ 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 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 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 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 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 H R 6395—298 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 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 H R 6395—299 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 H R 6395—300 ‘‘ 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 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 Service and modification of durable equipment and assistive technology devices under paragraph 1 E may be provided H R 6395—301 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 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 report under paragraph 1 shall include— A an analysis of best practices for the administration of programs to support caregivers of individuals with H R 6395—302 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 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 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 DURATION —If the Secretary carries out the pilot program under subsection a 1 the Secretary shall carry out the pilot H R 6395—303 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 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 mailorder 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 H R 6395—304 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 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 ‘‘§ 1073e Protection of armed forces from infectious diseases ‘‘ a 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 H R 6395—305 ‘‘ 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 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 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 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 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 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 AND H R 6395—306 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 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 singlepoint-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 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 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 FORM —The assessment under paragraph 1 shall be submitted in classified form H R 6395—307 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 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 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 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 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 TEMPORARY EXEMPTION FROM CERTAIN PAPERWORK REDUCACT REQUIREMENTS — TION H R 6395—308 1 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 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 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 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 H R 6395—309 ‘‘may 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 the Secretary has submitted the plan to the congressional defense committees ‘‘ B 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 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 POLICY TO ADDRESS PRESCRIPTION OPIOID SAFETY a REQUIREMENT —The Secretary of Defense shall develop a policy and tracking mechanism to monitor and provide oversight H R 6395—310 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 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 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 ADDITION OF BURN PIT REGISTRATION AND OTHER INFORMATION TO ELECTRONIC HEALTH RECORDS OF MEMBERS OF THE ARMED FORCES a 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 H R 6395—311 2 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 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 H R 6395—312 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 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 H R 6395—313 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 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 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 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 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 H R 6395—314 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 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 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 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 H R 6395—315 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 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 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 REGISTRY OF CERTAIN TRICARE BENEFICIARIES DIAGNOSED WITH COVID–19 a ESTABLISHMENT —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 H R 6395—316 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 a plan to implement the registry 2 the cost of implementing the registry 3 the location of the registry and 4 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 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 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 H R 6395—317 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 review any strategies used to combat existing stigma surrounding mental health conditions that might deter members of the Armed Forces from seeking care 2 review guidance to commanding officers at all levels on the mental health ramifications of the COVID–19 crisis 3 assess the need for additional training and support for mental health care professionals of the Department of H R 6395—318 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 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 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 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 RESOURCES —The Assistant Secretary of Defense for Health Affairs shall leverage the resources of the Defense H R 6395—319 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 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 H R 6395—320 ‘‘ 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 ’’ H R 6395—321 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 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 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 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 reporting of such event to the National Practitioner Data Bank in accordance with guidelines of the Secretary H R 6395—322 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 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 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 H R 6395—323 SEC 745 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 EXTRAMEDICAL MATERNAL HEALTH PROVIDERS DEMONSTRATION PROJECT a 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 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 — H R 6395—324 1 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 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 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 The cost of the demonstration project v An assessment of the quality of care provided to participants in the demonstration project H R 6395—325 vi An assessment of the impact of the demonstration project on maternal and fetal outcomes vii An assessment of the effectiveness of the demonstration project viii Recommendations for adjustments to the demonstration project ix The estimated costs avoided as a result of improved maternal and fetal health outcomes due to the demonstration project x 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 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 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 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 H R 6395—326 and combat effectiveness of members according to science-based approaches 4 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 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 PRIVATIZED MILITARY HOUSING OF RESIDENTS IN a 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 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 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 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 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 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 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 H R 6395—327 relate to such hazards made by eligible individuals residing in privatized military housing and 7 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 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 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 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 H R 6395—328 SEC 749 ASSESSMENT OF RECEIPT BY CIVILIANS OF EMERGENCY MEDICAL TREATMENT AT MILITARY MEDICAL TREATMENT FACILITIES a 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 H R 6395—329 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 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 H R 6395—330 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— H R 6395—331 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 KARSHIKHANABAD AIR BASE UZBEKISTAN a STUDY — 1 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 MATTERS INCLUDED —The study under paragraph 1 shall include the following A An assessment regarding the conditions of KarshiKhanabad 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 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 H R 6395—332 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 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 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 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 H R 6395—333 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 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 H R 6395—334 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 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 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 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 H R 6395—335 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 H R 6395—336 SEC 756 STUDY AND REPORT ON INCREASING TELEHEALTH SERVICES ACROSS ARMED FORCES a 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 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 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 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 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 an assessment of the extent to which such existing models can be optimized standardized and scaled to address readiness shortfalls and 3 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 H R 6395—337 c 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 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—Mental Health Services From Department of Veterans Affairs for Members of Reserve Components SEC 761 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 The Secretary in consultation with the Secretary of Defense may furnish to any member of the reserve components H R 6395—338 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 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 ‘‘§ 1789 Mental health services for members of the reserve components of the Armed Forces ‘‘The 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 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 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’’ H R 6395—339 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 is amended by striking the H R 6395—340 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 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 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 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 H R 6395—341 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 H R 6395—342 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 H R 6395—343 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 H R 6395—344 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 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 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 a technical data and intellectual property management plan for product support and ‘‘ 8 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 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 by adding at the end the following new paragraphs H R 6395—345 ‘‘ 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 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 Each submission under paragraph 1 shall be submitted in unclassified form but may include a classified annex ‘‘ 3 For a covered system with critical operating and support cost growth such submission shall include a remediation plan to H R 6395—346 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 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 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 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 NONMAJOR 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 H R 6395—347 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 required elements of sustainment planning 4 timing of sustainment planning activities in the acquisition process 5 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 ‘‘§ 2339c Disclosures for offerors for certain shipbuilding major defense acquisition program contracts ‘‘ a 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 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 H R 6395—348 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 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 IMPLEMENTATION APPROACHES OF MODULAR OPEN SYSTEMS a REQUIREMENTS FOR INTERFACE DELIVERY — 1 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 H R 6395—349 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 H R 6395—350 B 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 H R 6395—351 ‘‘ 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 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 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 H R 6395—352 ii in subsection h by striking ‘‘ ‘major system interface’ ’’ and inserting ‘‘ ‘modular system interface’ ’’ B 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 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 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 nonGovernmental 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 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 H R 6395—353 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 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 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 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 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 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 H R 6395—354 and applicability of such technology to the business systems and cybersecurity tools of the Department B COVERAGE —The assessment required under subparagraph A shall include— i 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 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 crossfunctional 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 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 H R 6395—355 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 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 — H R 6395—356 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 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 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 Proposed revised flexible and streamlined options for joint requirements validation in order to be more responsive and innovative while ensuring the ability of H R 6395—357 the Joint Chiefs of Staff to ensure top-level system requirements are properly prioritized to address joint-warfighting needs C 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 A list of space systems acquisition programs for which alternative acquisition pathways may be used E 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 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 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 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 H R 6395—358 the meanings given those terms respectively in section 1737 of title 10 United States Code SEC 808 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 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 H R 6395—359 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 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 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 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 H R 6395—360 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 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 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 — H R 6395—361 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 the results of such assessment including the analysis described in subsection b 2 C 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 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 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