Library / Laws / 116th / s / S. 4049 / Reported in Senate
II
Calendar No. 483
116th CONGRESS
2d Session
S. 4049
IN THE SENATE OF THE UNITED STATES
June 23, 2020
Mr. Inhofe, from the Committee on Armed Services, reported the following original bill; which was read twice and placed on the calendar
A BILL
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.
1.
Short title
This Act may be cited as the National Defense Authorization Act for Fiscal Year 2021.
2.
Organization of Act into divisions; table of contents
(a)
Divisions
This Act is organized into four 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.
(b)
Table of contents
The table of contents for this Act is as follows:
Sec. 1. Short title. Sec. 2. Organization of Act into divisions; table of contents. Sec. 3. Congressional defense committees. Sec. 4. Budgetary effects of this Act.
DIVISION A—Department of Defense Authorizations TITLE I—Procurement Subtitle A—Authorization of appropriations Sec. 101. Authorization of appropriations. Subtitle B—Army programs Sec. 111. Integrated air and missile defense assessment. Sec. 112. Report and limitation on Integrated Visual Augmentation System acquisition. Sec. 113. Modifications to requirement for an interim cruise missile defense capability. Subtitle C—Navy programs Sec. 121. Contract authority for Columbia-class submarine program. Sec. 122. Limitation on Navy medium and large unmanned surface vessels. Sec. 123. Extension of prohibition on availability of funds for Navy waterborne security barriers. Sec. 124. Procurement authorities for certain amphibious shipbuilding programs. Sec. 125. Fighter force structure acquisition strategy. Sec. 126. Treatment of systems added by Congress in future President’s budget requests. Sec. 127. Report on carrier wing composition. Sec. 128. Report on strategy to use ALQ–249 Next Generation Jammer to ensure full spectrum electromagnetic superiority. Subtitle D—Air Force programs Sec. 141. Economic order quantity contracting authority for F–35 joint strike fighter program. Sec. 142. Minimum aircraft levels for major mission areas. Sec. 143. Minimum operational squadron level. Sec. 144. Minimum Air Force bomber aircraft level. Sec. 145. F–35 gun system. Sec. 146. Prohibition on funding for Close Air Support Integration Group. Sec. 147. Limitation on divestment of KC–10 and KC–135 aircraft. Sec. 148. Limitation on retirement of U–2 and RQ–4 aircraft. Sec. 149. Limitation on divestment of F–15C aircraft in the European theater. Sec. 150. Air base defense development and acquisition strategy. Sec. 151. Required solution for KC–46 aircraft remote visual system limitations. Sec. 152. Analysis of requirements and Advanced Battle Management System capabilities. Sec. 153. Studies on measures to assess cost-per-effect for key mission areas. Sec. 154. Plan for operational test and utility evaluation of systems for Low-Cost Attributable Aircraft Technology program. Sec. 155. Prohibition on retirement or divestment of A–10 aircraft. Subtitle E—Defense-wide, joint, and multiservice matters Sec. 171. Budgeting for life-cycle cost of aircraft for the Navy, Army, and Air Force: annual plan and certification. Sec. 172. Authority to use F–35 aircraft withheld from delivery to Government of Turkey. Sec. 173. Transfer from Commander of United States Strategic Command to Chairman of the Joint Chiefs of Staff of responsibilities and functions relating to electromagnetic spectrum operations. Sec. 174. Cryptographic modernization schedules. Sec. 175. Prohibition on purchase of armed overwatch aircraft. Sec. 176. Special operations armed overwatch. Sec. 177. Autonomic Logistics Information System redesign strategy. Sec. 178. Contract aviation services in a country or in airspace in which a Special Federal Aviation Regulation applies. Sec. 179. F–35 aircraft munitions. Sec. 180. Airborne intelligence, surveillance, and reconnaissance acquisition roadmap for United States Special Operations Command. Sec. 181. Requirement to accelerate the fielding and development of counter unmanned aerial systems across the joint force. Sec. 182. Joint All Domain Command and Control requirements.
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. Designation and activities of senior officials for critical technology areas supportive of the National Defense Strategy. Sec. 212. Governance of fifth-generation wireless networking in the Department of Defense. Sec. 213. Application of artificial intelligence to the defense reform pillar of the National Defense Strategy. Sec. 214. Extension of authorities to enhance innovation at Department of Defense laboratories. Sec. 215. Updates to Defense Quantum Information Science and Technology Research and Development program. Sec. 216. Program of part-time and term employment at Department of Defense science and technology reinvention laboratories of faculty and students from institutions of higher education. Sec. 217. Improvements to Technology and National Security Fellowship of Department of Defense. Sec. 218. Department of Defense research, development, and deployment of technology to support water sustainment. Sec. 219. Development and testing of hypersonic capabilities. Sec. 220. Disclosure requirements for recipients of Department of Defense research and development grants. Subtitle C—Plans, reports, and other matters Sec. 231. Assessment on United States national security emerging biotechnology efforts and capabilities and comparison with adversaries. Sec. 232. Independent comparative analysis of efforts by China and the United States to recruit and retain researchers in national security-related fields. Sec. 233. Department of Defense demonstration of virtualized radio access network and massive multiple input multiple output radio arrays for fifth generation wireless networking. Sec. 234. Independent technical review of Federal Communications Commission Order 20–48. Sec. 235. Report on and limitation on expenditure of funds for micro nuclear reactor programs. Sec. 236. Modification to Test Resource Management Center strategic plan reporting cycle and contents. Sec. 237. Limitation on contract awards for certain unmanned vessels. Sec. 238. Documentation relating to the Advanced Battle Management System. Sec. 239. Armed Services Vocational Aptitude Battery Test special purpose adjunct to address computational thinking.
TITLE III—Operation and maintenance Subtitle A—Authorization of appropriations Sec. 301. Authorization of appropriations. Subtitle B—Energy and environment Sec. 311. Modifications and technical corrections to ensure restoration of contamination by perfluorooctane sulfonate and perfluorooctanoic acid. Sec. 312. Readiness and Environmental Protection Integration Program technical edits and clarification. Sec. 313. Survey and market research of technologies for phase out by Department of Defense of use of fluorinated aqueous film-forming foam. Sec. 314. Modification of authority to carry out military installation resilience projects. Sec. 315. Native American Indian lands environmental mitigation program. 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. Long-duration demonstration initiative and joint program. Sec. 319. Pilot program on alternative fuel vehicle purchasing. Subtitle C—Logistics and sustainment Sec. 331. 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. 332. Clarification of limitation on length of overseas forward deployment of currently deployed naval vessels. Subtitle D—Reports Sec. 351. Report on impact of permafrost thaw on infrastructure, facilities, and operations of the Department of Defense. Sec. 352. Plans and reports on emergency response training for military installations. Sec. 353. Report on implementation by Department of Defense of requirements relating to renewable fuel pumps. Sec. 354. Report on effects of extreme weather on Department of Defense. Subtitle E—Other matters Sec. 371. Prohibition on divestiture of manned intelligence, surveillance, and reconnaissance aircraft operated by United States Special Operations Command. Sec. 372. Information on overseas construction projects in support of contingency operations using funds for operation and maintenance. Sec. 373. Provision of protection to the National Museum of the Marine Corps, the National Museum of the United States Army, the National Museum of the United States Navy, and the National Museum of the United States Air Force. Sec. 374. Inapplicability of congressional notification and dollar limitation requirements for advance billings for certain background investigations. Sec. 375. Repeal of sunset for minimum annual purchase amount for carriers participating in the Civil Reserve Air Fleet. Sec. 376. Improvement of the Operational Energy Capability Improvement Fund of the Department of Defense. Sec. 377. 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. Sec. 378. Modifications to review of proposed actions by Military Aviation and Installation Assurance Clearinghouse. Sec. 379. Adjustment in availability of appropriations for unusual cost overruns and for changes in scope of work. Sec. 380. Requirement that Secretary of Defense implement security and emergency response recommendations relating to active shooter or terrorist attacks on installations of Department of Defense. Sec. 381. Clarification of food ingredient requirements for food or beverages provided by the Department of Defense.
TITLE IV—Military Personnel Authorizations Subtitle A—Active Forces Sec. 401. End strengths for active forces. Sec. 402. End strength level matters. Subtitle B—Reserve Forces Sec. 411. End strengths for Selected Reserve. Sec. 412. End strengths for Reserves on active duty in support of the reserves. Sec. 413. End strengths for military technicians (dual status). Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support. Sec. 415. Separate authorization by Congress of minimum end strengths for non-temporary military technicians (dual status) and maximum end strengths for temporary military technicians (dual status). Subtitle C—Authorization of Appropriations Sec. 421. Military personnel.
TITLE V—Military Personnel Policy Subtitle A—Officer Personnel Policy Sec. 501. Repeal of codified specification of authorized strengths of certain commissioned 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. Requirement for promotion selection board recommendation of higher placement on promotion list of officers of particular merit. Sec. 504. Special selection review boards for review of promotion of officers subject to adverse information identified after recommendation for promotion and related matters. Sec. 505. Number of opportunities for consideration for promotion under alternative promotion authority. Sec. 506. Mandatory retirement for age. Sec. 507. Clarifying and improving restatement of rules on the retired grade of commissioned officers. Sec. 508. Repeal of authority for original appointment of regular Navy officers designated for engineering duty, aeronautical engineering duty, and special duty. Subtitle B—Reserve Component Management Sec. 511. Exclusion of certain reserve general and flag officers on active duty from limitations on authorized strengths. Subtitle C—General Service Authorities Sec. 516. Increased access to potential recruits. Sec. 517. Temporary authority to order retired members to active duty in high-demand, low-density assignments during war or national emergency. Sec. 518. Certificate of Release or Discharge from Active Duty (DD Form 214) matters. Sec. 519. Evaluation of barriers to minority participation in certain units of the Armed Forces. Subtitle D—Military Justice and Related Matters PART I—Investigation, Prosecution, and Defense of Sexual Assault and Related Matters Sec. 521. 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. 522. Defense Advisory Committee for the Prevention of Sexual Misconduct. Sec. 523. Report on ability of Sexual Assault Response Coordinators and Sexual Assault Prevention and Response Victim Advocates to perform duties. Sec. 524. Briefing on Special Victims’ Counsel program. Sec. 525. Accountability of leadership of the Department of Defense for discharging the sexual harassment policies and programs of the Department. Sec. 526. Safe-to-report policy applicable across the Armed Forces. Sec. 527. Additional bases for provision of advice by the Defense Advisory Committee for the Prevention of Sexual Misconduct. Sec. 528. Additional matters for reports of the Defense Advisory Committee for the Prevention of Sexual Misconduct. Sec. 529. Policy on separation of victim and accused at military service academies and degree-granting military educational institutions. Sec. 530. Briefing on placement of members of the Armed Forces in academic status who are victims of sexual assault onto Non-Rated Periods. PART II—Other Military Justice Matters Sec. 531. Right to notice of victims of offenses under the Uniform Code of Military Justice regarding certain post-trial motions, filings, and hearings. Sec. 532. Consideration of the evidence by Courts of Criminal Appeals. Sec. 533. Preservation of records of the military justice system. Sec. 534. 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. 535. Briefing on mental health support for vicarious trauma for certain personnel in the military justice system. Sec. 536. Guardian ad litem program for minor dependents of members of the Armed Forces. Subtitle E—Member Education, Training, Transition, and Resilience Sec. 541. Training on religious accommodation for members of the Armed Forces. Sec. 542. Additional elements with 2021 certifications on the Ready, Relevant Learning initiative of the Navy. Sec. 543. Report on standardization and potential merger of law enforcement training for military and civilian personnel across the Department of Defense. Sec. 544. Quarterly reports on implementation of recommendations of the Comprehensive Review of Special Operations Forces Culture and Ethics. Sec. 545. Information on nominations and applications for military service academies. Sec. 546. Pilot programs in connection with Senior Reserve Officers' Training Corps units at Historically Black Colleges and Universities and minority institutions. Sec. 547. Expansion of Junior Reserve Officers’ Training Corps Program. Sec. 548. Department of Defense STARBASE Program. Subtitle F—Decorations and Awards Sec. 551. Award or presentation of decorations favorably recommended following determination on merits of proposals for decorations not previously submitted in a timely fashion. Sec. 552. Honorary promotion matters. Subtitle G—Defense Dependents' Education and Military Family Readiness Matters PART I—Defense Dependents' Education Matters Sec. 561. Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees. Sec. 562. Impact aid for children with severe disabilities. Sec. 563. Staffing of Department of Defense Education Activity schools to maintain maximum student-to-teacher ratios. Sec. 564. Matters in connection with free appropriate public education for dependents of members of the Armed Forces with special needs. Sec. 565. Pilot program on expanded eligibility for Department of Defense Education Activity Virtual High School program. Sec. 566. Pilot program on expansion of eligibility for enrollment at domestic dependent elementary and secondary schools. Sec. 567. Comptroller General of the United States report on the structural condition of Department of Defense Education Activity schools. PART II—Military Family Readiness Matters Sec. 571. Responsibility for allocation of certain funds for military child development programs. Sec. 572. Improvements to Exceptional Family Member Program. Sec. 573. Procedures of the Office of Special Needs for the development of individualized services plans for military families with special needs. Sec. 574. Restatement and clarification of authority to reimburse members for spouse relicensing costs pursuant to a permanent change of station. Sec. 575. Improvements to Department of Defense tracking of and response to incidents of child abuse involving military dependents on military installations. Sec. 576. Military child care and child development center matters. Sec. 577. Expansion of financial assistance under My Career Advancement Account program. Subtitle H—Other Matters Sec. 586. 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. 587. National emergency exception for timing requirements with respect to certain surveys of members of the Armed Forces. Sec. 588. Sunset and transfer of functions of the Physical Disability Board of Review. Sec. 589. Extension of reporting deadline for the annual report on the assessment of the effectiveness of activities of the federal voting assistance program. Sec. 590. Pilot programs on remote provision by National Guard to State governments and National Guards of other States of cybersecurity technical assistance in training, preparation, and response to cyber incidents. Sec. 591. 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. 592. Limitation on implementation of Army Combat Fitness Test.
TITLE VI—Compensation and Other Personnel Benefits Subtitle A—Pay and Allowances Sec. 601. Reorganization of certain allowances other than travel and transportation allowances. Sec. 602. Hazardous duty pay for members of the Armed Forces performing duty in response to the Coronavirus Disease 2019. Subtitle B—Bonuses and Special and 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. Subtitle C—Disability Pay, Retired Pay, and Survivor Benefits Sec. 621. 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. 622. Modernization and clarification of payment of certain Reserves while on duty. Subtitle D—Other Matters Sec. 631. Permanent authority for and enhancement of the Government lodging program. Sec. 632. Approval of certain activities by retired and reserve members of the uniformed services.
TITLE VII—Health care provisions Subtitle A—TRICARE and other health care benefits Sec. 701. Authority for Secretary of Defense to manage provider type referral and supervision requirements under TRICARE program. Sec. 702. Removal of Christian Science providers as authorized providers under the TRICARE program. Sec. 703. Waiver of fees charged to certain civilians for emergency medical treatment provided at military medical treatment facilities. Sec. 704. Mental health resources for members of the Armed Forces and their dependents during the COVID–19 pandemic. Sec. 705. Transitional health benefits for certain members of the National Guard serving under orders in response to the coronavirus (COVID–19). Sec. 706. Extramedical maternal health providers demonstration project. Sec. 707. Pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program. Subtitle B—Health care administration Sec. 721. Modifications to transfer of Army Medical Research and Development Command and public health commands to Defense Health Agency. Sec. 722. Delay of applicability of administration of TRICARE dental plans through Federal Employees Dental and Vision Insurance Program. Sec. 723. Authority of Secretary of Defense to waive requirements during national emergencies for purposes of provision of health care. Subtitle C—Reports and other matters Sec. 741. Extension of authority for Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund. Sec. 742. Membership of Board of Regents of Uniformed Services University of the Health Sciences. Sec. 743. Military Health System Clinical Quality Management Program. Sec. 744. Modifications to pilot program on civilian and military partnerships to enhance interoperability and medical surge capability and capacity of National Disaster Medical System. Sec. 745. Study on force mix options and service models to enhance readiness of medical force of the Armed Forces to provide combat casualty care. Sec. 746. Comptroller General study on delivery of mental health services to members of the reserve components of the Armed Forces. Sec. 747. Review and report on prevention of suicide among members of the Armed Forces stationed at remote installations outside the contiguous United States. Sec. 748. Audit of medical conditions of tenants in privatized military housing. Sec. 749. Comptroller General study on prenatal and postpartum mental health conditions among members of the Armed Forces and their dependents. Sec. 750. Plan for evaluation of flexible spending account options for members of the uniformed services and their families. Sec. 751. Assessment of receipt by civilians of emergency medical treatment at military medical treatment facilities.
TITLE VIII—Acquisition policy, acquisition management, and related matters Subtitle A—Industrial base matters Sec. 801. Policy recommendations for implementation of Executive Order 13806 (Assessing and Strengthening the Manufacturing and Defense Industrial Base and Supply Chain Resiliency). Sec. 802. Assessment of national security innovation base. Sec. 803. Improving implementation of policy pertaining to the national technology and industrial base. Sec. 804. Modification of framework for modernizing acquisition processes to ensure integrity of industrial base. Sec. 805. Assessments of industrial base capabilities and capacity. Sec. 806. Analyses of certain materials and technology sectors for action to address sourcing and industrial capacity. Sec. 807. Microelectronics manufacturing strategy. Sec. 808. Additional requirements pertaining to printed circuit boards. Sec. 809. Statement of policy with respect to supply of strategic minerals and metals for Department of Defense purposes. Sec. 810. Report on strategic and critical minerals and metals. Sec. 811. Stabilization of shipbuilding industrial base workforce. Sec. 812. Miscellaneous limitations on the procurement of goods other than United States goods. Sec. 813. Use of domestically sourced star trackers in national security satellites. Sec. 814. Modification to small purchase threshold exception to sourcing requirements for certain articles. Subtitle B—Acquisition policy and management Sec. 831. Report on acquisition risk assessment and mitigation as part of Adaptive Acquisition Framework implementation. Sec. 832. Comptroller General report on implementation of software acquisition reforms. Subtitle C—Amendments to general contracting authorities, procedures, and limitations Sec. 841. Authority to acquire innovative commercial products and services using general solicitation competitive procedures. Sec. 842. Truth in Negotiations Act threshold for Department of Defense contracts. Sec. 843. Revision of proof required when using an evaluation factor for defense contractors employing or subcontracting with members of the selected reserve of the reserve components of the Armed Forces. Sec. 844. Contract authority for advanced development of initial or additional prototype units. Sec. 845. Definition of business system deficiencies for contractor business systems. Sec. 846. Repeal of pilot program on payment of costs for denied Government Accountability Office bid protests. Subtitle D—Provisions relating to major defense acquisition programs Sec. 861. Implementation of modular open systems architecture requirements. Sec. 862. Sustainment reviews. Sec. 863. Recommendations for future direct selections. Sec. 864. Disclosures for certain shipbuilding major defense acquisition program offers. Subtitle E—Small business matters Sec. 871. Prompt payment of contractors. Sec. 872. Extension of pilot program for streamlined awards for innovative technology programs. Subtitle F—Provisions related to Software-Driven capabilities Sec. 881. Inclusion of software in government performance of acquisition functions. Sec. 882. Balancing security and innovation in software development and acquisition. Sec. 883. Comptroller General report on intellectual property acquisition and licensing. Subtitle G—Other matters Sec. 891. Safeguarding defense-sensitive United States intellectual property, technology, and other data and information. Sec. 892. Domestic comparative testing activities. Sec. 893. Repeal of apprenticeship program.
TITLE IX—Department of Defense Organization and Management Subtitle A—Office of the Secretary of Defense and Related Matters Sec. 901. Assistant Secretary of Defense for Special Operations and Low Intensity Conflict and related matters. Sec. 902. Redesignation and codification in law of Office of Economic Adjustment. Sec. 903. Modernization of process used by the Department of Defense to identify, task, and manage Congressional reporting requirements. Sec. 904. Inclusion of Vice Chief of the National Guard Bureau as an advisor to the Joint Requirements Oversight Council. Sec. 905. Assignment of responsibility for the Arctic region within the Office of the Secretary of Defense. Subtitle B—Department of Defense Management Reform Sec. 911. Termination of position of Chief Management Officer of the Department of Defense. Sec. 912. Report on assignment of responsibilities, duties, and authorities of Chief Management Officer to other officers or employees of the Department of Defense. Sec. 913. Performance Improvement Officer of the Department of Defense. Sec. 914. Assignment of certain responsibilities and duties to particular officers of the Department of Defense. Sec. 915. Assignment of responsibilities and duties of Chief Management Officer to officers or employees of the Department of Defense to be designated. Sec. 916. Definition of enterprise business operations for title 10, United States Code. Sec. 917. Annual report on enterprise business operations of the Department of Defense. Sec. 918. Conforming amendments. Subtitle C—Space Force Matters PART I—Amendments to Integrate the Space Force Into Law Sec. 931. Clarification of Space Force and Chief of Space Operations authorities. Sec. 932. Amendments to Department of the Air Force provisions in title 10, United States Code. Sec. 933. Amendments to other provisions of title 10, United States Code. Sec. 934. Amendments to provisions of law relating to pay and allowances. Sec. 935. Amendments relating to provisions of law on veterans’ benefits. Sec. 936. Amendments to other provisions of the United States Code. Sec. 937. Applicability to other provisions of law. PART II—Other Matters Sec. 941. Matters relating to reserve components for the Space Force. Sec. 942. Transfers of military and civilian personnel to the Space Force. Sec. 943. Limitation on transfer of military installations to the jurisdiction of the Space Force. Subtitle D—Organization and Management of Other Department of Defense Offices and Elements Sec. 951. Annual report on establishment of field operating agencies.
TITLE X—General Provisions Subtitle A—Financial Matters Sec. 1001. General transfer authority. Sec. 1002. Application of Financial Improvement and Audit Remediation Plan to fiscal years following fiscal year 2020. Subtitle B—Counterdrug activities Sec. 1011. Codification of authority for joint task forces of the Department of Defense to support law enforcement agencies conducting counterterrorism or counter-transnational organized crime activities. Subtitle C—Naval Vessels and Shipyards Sec. 1021. Modification of authority to purchase used vessels with funds in the National Defense Sealift Fund. Sec. 1022. Waiver during war or threat to national security of restrictions on overhaul, repair, or maintenance of vessels in foreign shipyards. Sec. 1023. Modification of waiver authority on prohibition on use of funds for retirement of certain legacy maritime mine countermeasure platforms. Sec. 1024. Extension of authority for reimbursement of expenses for certain Navy mess operations afloat. Sec. 1025. Sense of Congress on actions necessary to achieve a 355-ship Navy. Subtitle D—Counterterrorism Sec. 1031. 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. 1032. Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba. Sec. 1033. 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. 1034. 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. Subtitle E—Miscellaneous Authorities and Limitations Sec. 1041. Inclusion of disaster-related emergency preparedness activities among law enforcement activities authorities for sale or donation of excess personal property of the Department of Defense. Sec. 1042. Expenditure of funds for Department of Defense clandestine activities that support operational preparation of the environment. Sec. 1043. Clarification of authority of military commissions under chapter 47A of title 10, United States Code, to punish contempt. Sec. 1044. Prohibition on actions to infringe upon First Amendment rights of peaceable assembly and petition for redress of grievances. Sec. 1045. Arctic planning, research, and development. Sec. 1046. Consideration of security risks in certain telecommunications architecture for future overseas basing decisions of the Department of Defense. Sec. 1047. Foreign military training programs. Sec. 1048. Reporting of adverse events relating to consumer products on military installations. Sec. 1049. Inclusion of United States Naval Sea Cadet Corps among youth and charitable organizations authorized to receive assistance from the National Guard. Sec. 1050. Department of Defense policy for the regulation of dangerous dogs. Sec. 1051. Sense of Congress on the basing of KC–46A aircraft outside the contiguous United States. Subtitle F—Studies and Reports Sec. 1061. Report on potential improvements to certain military educational institutions of the Department of Defense. Sec. 1062. Reports on status and modernization of the North Warning System. Sec. 1063. Studies on the force structure for Marine Corps aviation. Subtitle G—Other Matters Sec. 1081. Department of Defense strategic Arctic ports. Sec. 1082. Personal protective equipment matters. Sec. 1083. Estimate of damages from Federal Communications Commission Order 20–48. Sec. 1084. Modernization effort.
TITLE XI—Civilian Personnel Matters Subtitle A—Department of Defense Matters Sec. 1101. Enhanced pay authority for certain acquisition and technology positions in the Department of Defense. Sec. 1102. Enhanced pay authority for certain research and technology positions in the science and technology reinvention laboratories of the Department of Defense. Sec. 1103. Extension of enhanced appointment and compensation authority for civilian personnel for care and treatment of wounded and injured members of the Armed Forces. Sec. 1104. Extension of overtime rate 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. 1105. Expansion of direct hire authority for certain Department of Defense personnel to include installation military housing office positions supervising privatized military housing. Sec. 1106. 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. 1107. Pilot program on enhanced pay authority for certain high-level management positions in the Department of Defense. Sec. 1108. Pilot program on expanded authority for appointment of recently retired members of the Armed Forces to positions in the Department of Defense. Sec. 1109. Direct hire authority and relocation incentives for positions at remote locations. Sec. 1110. Modification of direct hire authority for certain personnel involved with Department of Defense maintenance activities. Sec. 1110A. Fire Fighters Alternative Work Schedule demonstration project for the Navy Region Mid-Atlantic Fire and Emergency Services. Subtitle B—Government-Wide Matters Sec. 1111. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone. Sec. 1112. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas. Sec. 1113. Technical amendments to authority for reimbursement of Federal, State, and local income taxes incurred during travel, transportation, and relocation.
TITLE XII—Matters relating to foreign nations Subtitle A—Assistance and training Sec. 1201. Authority to build capacity for additional operations. Sec. 1202. Authority to build capacity for air sovereignty operations. Sec. 1203. Modification to the Inter-European Air Forces Academy. Sec. 1204. Modification to support of special operations for irregular warfare. Sec. 1205. Extension and modification of authority to support border security operations of certain foreign countries. Sec. 1206. Modification of authority for participation in multinational centers of excellence. Sec. 1207. Implementation of the Women, Peace, and Security Act of 2017. Sec. 1208. Ted Stevens Center for Arctic Security Studies. Sec. 1209. Functional Center for Security Studies in Irregular Warfare. 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 and modification of Commanders' Emergency Response Program. Sec. 1213. Extension and modification of support for reconciliation activities led by the Government of Afghanistan. Sec. 1214. Sense of Senate on special immigrant visa program for Afghan allies. Sec. 1215. Sense of Senate and report on United States presence in Afghanistan. Subtitle C—Matters relating to Syria, Iraq, and Iran Sec. 1221. Extension of authority and limitation on use of funds 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. Subtitle D—Matters relating to Europe and the Russian Federation Sec. 1231. Extension of limitation on military cooperation between the United States and the Russian Federation. Sec. 1232. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea. Sec. 1233. Modification and extension of Ukraine Security Assistance Initiative. Sec. 1234. Report on capability and capacity requirements of military forces of Ukraine and resource plan for security assistance. Sec. 1235. Sense of Senate on North Atlantic Treaty Organization enhanced opportunities partner status for Ukraine. Sec. 1236. Extension of authority for training for Eastern European national security forces in the course of multilateral exercises. Sec. 1237. Sense of Senate on Kosovo and the role of the Kosovo Force of the North Atlantic Treaty Organization. Sec. 1238. Sense of Senate on strategic competition with the Russian Federation and related activities of the Department of Defense. Sec. 1239. Report on Russian Federation support of racially and ethnically motivated violent extremists. Sec. 1240. Participation in European program on multilateral exchange of surface transportation services. Sec. 1241. Participation in programs relating to coordination or exchange of air refueling and air transportation services. Subtitle E—Matters relating to the Indo-Pacific region Sec. 1251. Pacific Deterrence Initiative. Sec. 1252. Sense of Senate on the United States-Vietnam defense relationship. 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. Provision of goods and services at Kwajalein Atoll, Republic of the Marshall Islands. Sec. 1256. Authority to establish a Movement Coordination Center Pacific in the Indo-Pacific region and participate in an Air Transport and Air-to-Air Refueling and other Exchanges of Services program. Sec. 1257. Training of ally and partner air forces in Guam. Sec. 1258. Statement of policy and sense of Senate on the Taiwan Relations Act. Sec. 1259. Sense of Congress on port calls in Taiwan with the USNS Comfort and the USNS Mercy. Sec. 1260. Limitation on use of funds to reduce total number of members of the Armed Forces serving on active duty who are deployed to the Republic of Korea. Sec. 1261. Sense of Congress on co-development with Japan of a long-range ground-based anti-ship cruise missile system. Subtitle F—Reports Sec. 1271. Review of and report on overdue acquisition and cross-servicing agreement transactions. Sec. 1272. Report on burden sharing contributions by designated countries. Sec. 1273. Report on risk to personnel, equipment, and operations due to Huawei 5G architecture in host countries. Subtitle G—Other matters Sec. 1281. Reciprocal patient movement agreements. Sec. 1282. Extension of authorization of non-conventional assisted recovery capabilities. Sec. 1283. Extension of Department of Defense support for stabilization activities in national security interest of the United States. Sec. 1284. Notification with respect to withdrawal of members of the Armed Forces participating in the Multinational Force and Observers in Egypt. Sec. 1285. Modification to initiative to support protection of national security academic researchers from undue influence and other security threats. Sec. 1286. Establishment of United States-Israel Operations-Technology Working Group.
TITLE XIII—COOPERATIVE THREAT REDUCTION Sec. 1301. Funding allocations for Department of Defense Cooperative Threat Reduction Program.
TITLE XIV—Other Authorizations Subtitle A—Military Programs Sec. 1401. Working capital funds. Sec. 1402. Chemical Agents and Munitions Destruction, Defense. Sec. 1403. Drug Interdiction and Counter-Drug Activities, Defense-wide. Sec. 1404. Defense Inspector General. Sec. 1405. Defense Health Program. Subtitle B—Armed Forces Retirement Home Sec. 1411. Authorization of appropriations for Armed Forces Retirement Home. Sec. 1412. Periodic inspections of Armed Forces Retirement Home facilities by nationally recognized accrediting organization. Sec. 1413. Expansion of eligibility for residence at the Armed Forces Retirement Home. Subtitle C—Other Matters Sec. 1421. Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois.
TITLE XV—Authorization of additional appropriations for Overseas contingency operations Subtitle A—Authorization of appropriations Sec. 1501. Purpose. Sec. 1502. Overseas contingency operations. Sec. 1503. Procurement. Sec. 1504. Research, development, test, and evaluation. Sec. 1505. Operation and maintenance. Sec. 1506. Military personnel. Sec. 1507. Working capital funds. Sec. 1508. Drug Interdiction and Counter-Drug Activities, Defense-wide. Sec. 1509. Defense Inspector General. Sec. 1510. Defense Health Program. Subtitle B—Financial Matters Sec. 1521. Treatment as additional authorizations. Sec. 1522. Special transfer authority. Subtitle C—Other matters Sec. 1531. Afghanistan Security Forces Fund. Sec. 1532. Transition and enhancement of inspector general authorities for Afghanistan reconstruction.
TITLE XVI—Strategic programs, cyber, and intelligence matters Subtitle A—Space activities Sec. 1601. Resilient and survivable positioning, navigation, and timing capabilities. Sec. 1602. Distribution of launches for phase two of acquisition strategy for National Security Space Launch program. Sec. 1603. Development efforts for National Security Space Launch providers. Sec. 1604. Timeline for nonrecurring design validation for responsive space launch. Sec. 1605. Tactically responsive space launch operations. Sec. 1606. Conforming amendments relating to reestablishment of Space Command. Sec. 1607. Space Development Agency development requirements and transfer to Space Force. Sec. 1608. Space launch rate assessment. Sec. 1609. Report on impact of acquisition strategy for the National Security Space Launch Program on emerging foreign space launch providers. Subtitle B—Cyberspace-Related Matters Sec. 1611. Modification of position of Principal Cyber Advisor. Sec. 1612. Framework for cyber hunt forward operations. Sec. 1613. Modification of scope of notification requirements for sensitive military cyber operations. Sec. 1614. Modification of requirements for quarterly Department of Defense cyber operations briefings for Congress. Sec. 1615. Rationalization and integration of parallel cybersecurity architectures and operations. Sec. 1616. Modification of acquisition authority of Commander of United States Cyber Command. Sec. 1617. Assessment of cyber operational planning and deconfliction policies and processes. Sec. 1618. Pilot program on cybersecurity capability metrics. Sec. 1619. Assessment of effect of inconsistent timing and use of Network Address Translation in Department of Defense networks. Sec. 1620. Matters concerning the College of Information and Cyberspace at National Defense University. Sec. 1621. Modification of mission of cyber command and assignment of cyber operations forces. Sec. 1622. Integration of Department of Defense user activity monitoring and cybersecurity. Sec. 1623. Defense industrial base cybersecurity sensor architecture plan. Sec. 1624. Extension of Cyberspace Solarium Commission to track and assess implementation. Sec. 1625. Review of regulations and promulgation of guidance relating to National Guard responses to cyber attacks. Sec. 1626. Improvements relating to the quadrennial cyber posture review. Sec. 1627. Report on enabling United States Cyber Command resource allocation. Sec. 1628. Evaluation of options for establishing a cyber reserve force. Sec. 1629. Ensuring cyber resiliency of nuclear command and control system. Sec. 1630. 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. 1631. Defense industrial base participation in a cybersecurity threat intelligence sharing program. Sec. 1632. Assessment on defense industrial base cybersecurity threat hunting. Sec. 1633. Assessing risk to national security of quantum computing. Sec. 1634. Applicability of reorientation of Big Data Platform program to Department of Navy. Sec. 1635. Expansion of authority for access and information relating to cyber attacks on operationally critical contractors of the Armed Forces. Sec. 1636. Requirements for review of and limitations on the Joint Regional Security Stacks activity. Sec. 1637. Independent assessment of establishment of a National Cyber Director. Sec. 1638. Modification of authority to use operation and maintenance funds for cyber operations-peculiar capability development projects. Sec. 1639. Personnel management authority for Commander of United States Cyber Command and development program for offensive cyber operations. Sec. 1640. Implementation of information operations matters. Sec. 1641. Report on Cyber Institutes Program. Sec. 1642. Assistance for small manufacturers in the defense industrial supply chain on matters relating to cybersecurity. Subtitle C—Nuclear Forces Sec. 1651. Modification to responsibilities of Nuclear Weapons Council. Sec. 1652. Responsibility of Nuclear Weapons Council in preparation of National Nuclear Security Administration budget. Sec. 1653. Modification of Government Accountability Office review of annual reports on nuclear weapons enterprise. Sec. 1654. Prohibition on reduction of the intercontinental ballistic missiles of the United States. Sec. 1655. Sense of the Senate on nuclear cooperation between the United States and the United Kingdom. Subtitle D—Missile defense programs Sec. 1661. Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production. Sec. 1662. Acceleration of the deployment of hypersonic and ballistic tracking space sensor payload. Sec. 1663. Extension of prohibition relating to missile defense information and systems. Sec. 1664. Report on and limitation on expenditure of funds for layered homeland missile defense system. Sec. 1665. Extension of requirement for Comptroller General review and assessment of missile defense acquisition programs. Sec. 1666. Repeal of requirement for reporting structure of Missile Defense Agency. Sec. 1667. Ground-based midcourse defense interim capability.
DIVISION B—Military Construction Authorizations Sec. 2001. Short title. Sec. 2002. Expiration of authorizations and amounts required to be specified by law. Sec. 2003. Effective date. TITLE XXI—Army military construction Sec. 2101. Authorized Army construction and land acquisition projects. Sec. 2102. Family housing. Sec. 2103. Authorization of appropriations, Army. Sec. 2104. 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. Sec. 2203. Improvements to military family housing units. Sec. 2204. Authorization of appropriations, Navy. TITLE XXIII—Air Force military construction Sec. 2301. Authorized Air Force construction and land acquisition projects. Sec. 2302. Family housing. Sec. 2303. Improvements to military family housing units. Sec. 2304. Authorization of appropriations, Air Force. Sec. 2305. Modification of authority to carry out fiscal year 2018 project at Royal Air Force Lakenheath. Sec. 2306. Modification of authority to carry out certain fiscal year 2019 projects. Sec. 2307. Modification of authority to carry out certain fiscal year 2020 family housing projects. Sec. 2308. Modification of authority to carry out certain fiscal year 2020 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. 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. 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. TITLE XXVIII—Military construction and general provisions Subtitle A—Military construction program Sec. 2801. Responsibility of Navy for military construction requirements for certain Fleet Readiness Centers. Sec. 2802. Construction of ground-based strategic deterrent launch facilities and launch centers for Air Force. Subtitle B—Military family housing Sec. 2821. Prohibition on substandard family housing units. Sec. 2822. Technical corrections to privatized military housing program. Sec. 2823. Requirement that Secretary of Defense implement recommendations relating to military family housing contained in report by Inspector General of Department of Defense. Subtitle C—Project management and oversight reforms Sec. 2841. Promotion of energy resilience and energy security in privatized utility systems. Sec. 2842. Consideration of energy security and energy resilience in life-cycle cost for military construction. Subtitle D—Land conveyances Sec. 2861. Renewal of Fallon Range Training Complex land withdrawal and reservation. Sec. 2862. Renewal of Nevada Test and Training Range land withdrawal and reservation. Sec. 2863. Transfer of land under the administrative jurisdiction of the Department of the Interior within Naval Support Activity Panama City, Florida. Sec. 2864. Land conveyance, Camp Navajo, Arizona. Subtitle E—Other matters Sec. 2881. Military family readiness considerations in basing decisions. Sec. 2882. Prohibition on use of funds to reduce air base resiliency or demolish protected aircraft shelters in the European theater without creating a similar protection from attack. Sec. 2883. Prohibitions relating to closure or returning to host nation of existing bases under the European Consolidation Initiative. Sec. 2884. Enhancement of authority to accept conditional gifts of real property on behalf of military museums. Sec. 2885. Equal treatment of insured depository institutions and credit unions operating on military installations. Sec. 2886. Report on operational aviation units impacted by noise restrictions or noise mitigation measures. 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. Sec. 2904. Replenishment of certain military constructions funds.
DIVISION C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS TITLE XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS Subtitle A—National Security Programs and Authorizations Sec. 3101. National Nuclear Security Administration. Sec. 3102. Defense environmental cleanup. Sec. 3103. Other defense activities. Sec. 3104. Nuclear energy. Subtitle B—Budget of the National Nuclear Security Administration Sec. 3111. Review of adequacy of nuclear weapons budget. Sec. 3112. Treatment of budget of National Nuclear Security Administration. Sec. 3113. Responsibility of Administrator for Nuclear Security for ensuring National Nuclear Security Administration budget satisfies nuclear weapons needs of Department of Defense. Sec. 3114. Participation of Secretary of Defense in planning, programming, budgeting, and execution process of National Nuclear Security Administration. Sec. 3115. Requirement for updated planning, programming, budgeting, and execution guidance for National Nuclear Security Administration. Sec. 3116. Cross-training in budget processes of Department of Defense and National Nuclear Security Administration. Subtitle C—Personnel matters Sec. 3121. National Nuclear Security Administration Personnel System. Sec. 3122. Inclusion of certain employees and contractors of Department of Energy in definition of public safety officer for purposes of certain death benefits. Sec. 3123. Reimbursement for liability insurance for nuclear materials couriers. Sec. 3124. Transportation and moving expenses for immediate family of deceased nuclear materials couriers. Sec. 3125. Extension of authority for appointment of certain scientific, engineering, and technical personnel. Subtitle D—Cybersecurity Sec. 3131. Reporting on penetrations of networks of contractors and subcontractors. Sec. 3132. Clarification of responsibility for cybersecurity of National Nuclear Security Administration facilities. Subtitle E—Defense Environmental Cleanup Sec. 3141. Public statement of environmental liabilities for facilities undergoing defense environmental cleanup. Sec. 3142. Inclusion of missed milestones in future-years defense environmental cleanup plan. Sec. 3143. Classification of defense environmental cleanup as capital asset projects or operations activities. Sec. 3144. Continued analysis of approaches for supplemental treatment of low-activity waste at Hanford Nuclear Reservation. Subtitle F—Other Matters Sec. 3151. Modifications to enhanced procurement authority to manage supply chain risk. Sec. 3152. Laboratory- or production facility-directed research and development programs. Sec. 3153. Prohibition on use of laboratory- or production facility-directed research and development funds for general and administrative overhead costs. Sec. 3154. Monitoring of industrial base for nuclear weapons components, subsystems, and materials. Sec. 3155. Prohibition on use of funds for advanced naval nuclear fuel system based on low-enriched uranium. Sec. 3156. Authorization of appropriations for W93 nuclear warhead program. Sec. 3157. Review of future of computing beyond exascale at the National Nuclear Security Administration. Sec. 3158. Application of requirement for independent cost estimates and reviews to new nuclear weapon systems. Sec. 3159. Extension and expansion of limitations on importation of uranium from Russian Federation. Sec. 3160. Integration of stockpile stewardship and nonproliferation missions. Sec. 3161. Technology development and integration program. Sec. 3162. Advanced manufacturing development program. Sec. 3163. Materials science program. Sec. 3164. Modifications to Inertial Confinement Fusion Ignition and High Yield Program. Sec. 3165. Earned value management program for life extension programs. Sec. 3166. Use of high performance computing capabilities for COVID–19 research. Sec. 3167. Availability of stockpile responsiveness funds for projects to reduce time necessary to execute a nuclear test. TITLE XXXII—DEFENSE NUCLEAR FACILITIES SAFETY BOARD Sec. 3201. Authorization. Sec. 3202. Nonpublic collaborative discussions by Defense Nuclear Facilities Safety Board. Sec. 3203. Improvements to operations of Defense Nuclear Facilities Safety Board.
TITLE XXXV—MARITIME ADMINISTRATION Sec. 3501. Maritime Administration.
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. 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.
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.
4.
Budgetary effects of this Act
The budgetary effects of this Act, for the purposes 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.
A
Department of Defense Authorizations
I
Procurement
A
Authorization of appropriations
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 Defense-wide activities, as specified in the funding table in section 4101.
B
Army programs
111.
Integrated air and missile defense assessment
(a)
Assessment by Secretary of the Army
(1)
In general
The Secretary of the Army shall conduct a classified assessment of the capability and capacity of current and planned integrated air and missile defense (IAMD) capabilities to meet combatant commander requirements for major operations against great-power competitors and other global operations in support of the National Defense Strategy.
(2)
Elements
The assessment required by paragraph (1) shall include the following:
(A) Analysis and characterization of current and emerging threats, including the following:
(i) Cruise, hypersonic, and ballistic missiles.
(ii) Unmanned aerial systems.
(iii) Rockets.
(iv) Other indirect fire.
(v) Specific and meaningfully varied examples within each of subclauses (I) through (IV).
(B) Analysis of current and planned integrated air and missile defense capabilities to counter the threats analyzed and characterized under subparagraph (A), including the following:
(i) Projected timelines for development, procurement, and fielding of planned integrated air and missile defense capabilities.
(ii) Projected capability gaps.
(iii) Opportunities for acceleration or need for incorporation of interim capabilities to address current and projected gaps.
(C) 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 munitions.
(ii) Capacity gaps in addressing combatant command requirements.
(iii) Operations tempo stress on integrated air and missile defense formations and personnel.
(iv) Plans of the Secretary to continue to increase integrated air and missile defense personnel and formations.
(D) Assessment of integrated air and missile defense architecture and enabling command and control systems, including the following:
(i) A description of the integrated air and missile defense architecture and component counter unmanned aerial systems (C-UAS) sub-architecture.
(ii) Identification of the enabling command and control (C2) systems.
(iii) Inter-connectivity of the enabling command and control systems.
(iv) Compatibility of the enabling command and control systems with planned Joint All Domain Command and Control (JADC2) architecture.
(E) Assessment of proponency within the Army of integrated air and missile defense and counter unmanned aerial systems, including the following:
(i) A description of the current proponency structure.
(ii) Adequacy of the current proponency structure to facilitate Army executive agency integrated air and missile defense and counter unmanned aerial systems functions for the Department of Defense.
(iii) Benefits of establishing integrated air and missile defense and counter unmanned aerial systems centers of excellence to help focus Army and joint force efforts to achieving a functional integrated air and missile defense capability and capacity to meet requirements of the combatant commands.
(3)
Characterization
(A)
In general
In carrying out paragraph (2)(A), the Secretary shall avoid broad characterizations that do not sufficiently distinguish between distinctly different threats in the same general class.
(B)
Example
An example of a broad characterization to be avoided under such paragraph is 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)
Report and interim briefing
(A)
Interim briefing
Not later than December 15, 2020, the Secretary shall provide the Committee on Armed Services of the Senate and Committee on Armed Services of the House of Representatives a briefing on the assessment being conducted by the Secretary under paragraph (1).
(B)
Report
Not later than February 15, 2021, the Secretary shall submit to the Committee on Armed Services of the Senate and Committee on Armed Services of the House of Representatives a report on the findings of the Secretary with respect to the assessment conducted under paragraph (1).
(b)
Review by Vice Chairman of the Joint Chiefs of Staff
(1)
Review
The Vice Chairman of the Joint Chiefs of Staff shall review the assessment being conducted under subsection (a)(1) for potential gaps in capability and capacity to meet requirements of the National Defense Strategy.
(2)
Report
Not later than April 15, 2021, the Vice Chairman of the Joint Chiefs of Staff shall submit to the Committee on Armed Services of the Senate and Committee on Armed Services of the House of Representatives a report on the finding of the Vice Chairman with respect to the review conducted under paragraph (1).
112.
Report and limitation on Integrated Visual Augmentation System acquisition
(a)
Report required
(1)
In General
Not later than August 15, 2021, the Secretary of the Army shall submit to the congressional defense committees a report on the Integrated Visual Augmentation System (IVAS) subsequent to the completion of operational testing.
(2)
Elements required
The report required by paragraph (1) shall include the following:
(A) Certification of the IVAS acquisition strategy, to include production model costs, full rate production schedule, and identification of any changes resulting from operational testing.
(B) Certification of technology levels being utilized in the full rate production model.
(C) Certification of operational suitability and soldier acceptability of the production model IVAS.
(b)
Limitation on use of funds
Not more than 50 percent of the amounts authorized to be appropriated by this Act for fiscal year 2021 for procurement of the Integrated Visual Augmentation System may be obligated or expended until the Secretary submits to the congressional defense committees the report required under subsection (a).
113.
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 two batteries of 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
Section 112(b)(4) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 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
(ii) additional time is required to complete training and preparation for operational capability.
.
C
Navy programs
121.
Contract authority for Columbia-class submarine program
(a)
Contract authority
The Secretary of the Navy may enter into a contract, beginning with fiscal year 2021, for the procurement of up to two Columbia-class submarines.
(b)
Incremental funding
With respect to a contract entered into under subsection (a), the Secretary of the Navy may use incremental funding to make payments under the contract.
(c)
Liability
Any contract entered into under subsection (a) shall provide that—
(1) any obligation of the United States to make a payment under the contract is subject to the availability of appropriations for that purpose; and
(2) total liability of the Federal Government for termination of any contract entered into shall be limited to the total amount of funding obligated to the contract at time of termination.
(2) total liability of the Federal Government for termination of any contract entered into shall be limited to the total amount of funding obligated to the contract at time of termination.
122.
Limitation 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 two different main propulsion engines and ancillary equipment, including the fuel and lube oil systems; and
(B) at least two different electrical generators and ancillary equipment;
(2) final results of test programs of engineering development models or prototypes for critical systems specified by the Senior Technical Authority in their final form, fit, and function and in a realistic environment; 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 requirements
The qualification required in subsection (a)(1) shall include a land-based operational demonstration of such equipment in the vessel-representative form, fit, and function for not less than 1,080 continuous hours without preventative maintenance, corrective maintenance, emergent repair, or any other form of repair or maintenance.
(c)
Requirement to use qualified engines and generators
The Secretary of the Navy shall require that covered programs use only main propulsion engines and electrical generators that are qualified under subsection (a)(1).
(d)
Limitation
The Secretary of the Navy may not release a detail design or construction request for proposals 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.
(e)
Definitions
In this section:
(1) The term covered program means a program for—
(A) medium unmanned surface vessels; or
(B) large unmanned surface vessels.
(2) The term Milestone B approval has the meaning given the term in section 2366(e)(7) of title 10, United States Code.
(3) The term milestone decision authority means the official within the Department of Defense designated with the overall responsibility and authority for acquisition decisions for the program, including authority to approve entry of the program into the next phase of the acquisition process.
(4) The term Senior Technical Authority has the meaning given the term in section 8669b of title 10, United States Code.
123.
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), is further amended by striking for fiscal year 2019 or fiscal year 2020 and inserting for fiscal years 2019, 2020, or 2021.
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.
(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 Department of the Navy’s projected force structure requirements 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 of the Navy 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.
(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.
125.
Fighter force structure acquisition strategy
(a)
Report required
Not later than March 1, 2021, the Secretary of the Navy shall submit to the congressional defense committees a report with a fighter force structure acquisition strategy that is aligned with the results of the independent studies required under section 1064 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1576).The strategy shall establish a minimum number of F–35 and Next Generation Air Dominance (NGAD) aircraft that the Navy and Marine Corps would be required to purchase each year to mitigate or manage strike fighter shortfalls.
(b)
Limitation on deviation from strategy
The Department of the Navy may not deviate from the acquisition strategy established under subsection (a) until—
(1) the Secretary of the Navy receives a waiver and justification from the Secretary of Defense; and
(2) 30 days after the Secretary of the Navy notifies the congressional defense committees of the proposed deviation.
126.
Treatment of systems added by Congress in future President’s budget requests
A procurement quantity of a system authorized by Congress in a National Defense Authorization Act for a given fiscal year that is subsequently appropriated by Congress in an amount greater than the quantity of such system included in the President’s annual budget request submitted to Congress under section 1105 of title 31, United States Code, for such fiscal year shall not be included as a new procurement quantity in future annual budget requests.
127.
Report on carrier wing composition
(a)
Report
Not later than May 1, 2021, the Secretary of the Navy, in consultation with the Chief of Naval Operations and Commandant of the Marine Corps, shall submit to the congressional defense committees a report on the optimal composition of the carrier air wing in 2030 and 2040, as well as alternative force design concepts.
(b)
Elements
The report required under subsection (a) shall include the following elements:
(1) An analysis and justification used to reach the 50-50 mix of 4th and 5th generation aircraft for 2030.
(2) An analysis and justification for the optimal mix of carrier aircraft for 2040.
(3) A plan for incorporating unmanned aerial vehicles and associated communication capabilities to effectively implement the future force design.
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 report with a strategy to ensure full spectrum electromagnetic superiority using the ALQ-249 Next Generation Jammer.
(b)
Elements
The report required under subsection (a) shall include the following elements:
(1) A description of the current procurement strategy of the ALQ–249 and the analysis of its capability to meet the RF frequency ranges required in a National Defense Strategy (NDS) conflict.
(2) An assessment of the ALQ–249's compatibility and ability 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.
D
Air Force programs
141.
Economic order quantity contracting authority for F–35 joint strike fighter program
(a)
Authority for advance procurement and economic order quantity
The Secretary of Defense may enter into one or more contracts, beginning with the fiscal year 2020 program year, for the procurement of economic order quantities of material and equipment for the F–35 aircraft program for use in procurement contracts to be awarded for such program during fiscal years 2021 through 2023.
(b)
Limitation
The total amount obligated in fiscal year 2021 under all contracts entered into under subsection (a) shall not exceed $493,000,000.
(c)
Preliminary findings
Before entering into a contract under subsection (a), the Secretary shall make each of the following findings with respect to such contract:
(1) The use of such a contract will result in significant savings of the total anticipated costs of carrying out the program through annual contracts.
(2) The minimum need for the property to be procured is expected to remain substantially unchanged during the contemplated contract period in terms of production rate, procurement rate, and total quantities.
(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 procured, 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 an economic order quantity contract are realistic.
(6) Entering into the contract will promote the national security interests of the United States.
(d)
Certification requirement
Except as provided in subsection (e), the Secretary of Defense may not enter into a contract under subsection (a) until 30 days after the Secretary certifies to the congressional defense committees, in writing, that each of the following conditions is satisfied:
(1) A sufficient number of end items of the system being acquired under such contract have been delivered at or within the most recently available estimates of the program acquisition unit cost or procurement unit cost for such system to determine that the estimates of the unit costs are realistic.
(2) 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 submitted to Congress under section 221 of title 10, United States Code, for that fiscal year will include the funding required to execute the program without cancellation.
(3) The contract is a fixed-price type contract.
(4) The proposed contract provides for production at not less than minimum economic rates given the existing tooling and facilities.
(5) The Secretary has determined that each of the conditions described in paragraphs (1) through (6) of subsection (c) will be met by such contract and has provided the basis for such determination to the congressional defense committees.
(6) The determination under paragraph (5) was made after the completion of a cost analysis performed by the Director of Cost Assessment and Program Evaluation for the purpose of section 2334(f)(2) of title 10, United States Code, and the analysis supports that determination.
(e)
Exception
Notwithstanding subsection (d), the Secretary of Defense may enter into a contract under subsection (a) on or after December 1, 2020, if—
(1) the Director of Cost Assessment and Program Evaluation has not completed a cost analysis of the preliminary findings made by the Secretary under subsection (c) with respect to the contract;
(2) the Secretary certifies to the congressional defense committees, in writing, that each of the conditions described in paragraphs (1) through (5) of subsection (d) is satisfied; and
(3) a period of 30 days has elapsed following the date on which the Secretary submits the certification under paragraph (2).
142.
Minimum aircraft levels for major mission areas
(a)
Minimum levels
Except as provided under subsection (b), the Secretary of the Air Force shall maintain the following minima, based on Primary Mission Aircraft Inventory (PMAI):
(1) 1,182 Fighter aircraft.
(2) 190 Attack Remotely Piloted Aircraft (RPA).
(3) 92 Bomber aircraft.
(4) 412 Tanker aircraft.
(5) 230 Tactical airlift aircraft.
(6) 235 Strategic airlift aircraft.
(7) 84 Strategic Intelligence, Surveillance, and Reconnaissance (ISR) aircraft.
(8) 106 Combat Search and Rescue (CSAR) aircraft.
(b)
Exceptions
The Secretary of the Air Force may reduce the number of aircraft in the PMAI of the Air Force below the minima specified in subsection (a) only if—
(1) the Secretary certifies to the congressional defense committees that such reduction is justified by the results of the new capability and requirements studies; and
(2) a period of 30 days has elapsed following the date on which the certification is made to the congressional defense committees under paragraph (1).
(c)
Applicability
The limitation in subsection (a) shall not apply to aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps, other damage, or being uneconomical to repair.
143.
Minimum operational squadron level
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 a minimum of not fewer than 386 available operational squadrons, or equivalent organizational units, within the Air Force. In addition to the operational squadrons, the Secretary shall strive to achieve the following primary mission aircraft inventory (PMAI) numbers:
(1) 1,680 Fighter aircraft.
(2) 199 Persist attack remotely piloted aircraft (RPA).
(3) 225 Bomber aircraft.
(4) 500 Air refueling aircraft.
(5) 286 Tactical airlift aircraft.
(6) 284 Strategic airlift aircraft.
(7) 55 Command and control aircraft.
(8) 105 Combat search and rescue (CSAR) aircraft.
(9) 30 Intelligence, surveillance, and reconnaissance (ISR) aircraft.
(10) 179 Special operations aircraft.
(11) 40 Electronic warfare (EW) aircraft.
144.
Minimum Air Force bomber aircraft level
The Secretary of Defense shall submit to the congressional defense committees recommendations for a minimum number of bomber aircraft, including penetrating bombers in addition to B–52H aircraft, to enable the Air Force to carry out its long-range penetrating strike capability.
145.
F–35 gun system
The Secretary of the Air Force shall begin the procurement process for an alternate 25mm ammunition solution that provides a true full-spectrum target engagement capability for the F–35A aircraft.
146.
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.
147.
Limitation on divestment of KC–10 and KC–135 aircraft
The Secretary of Defense may not divest KC–10 and KC–135 aircraft in excess of the following amounts:
(1) In fiscal year 2021, 6 KC–10 aircraft, including only 3 from primary mission aircraft inventory (PMAI).
(2) In fiscal year 2022, 12 KC–10 aircraft.
(3) In fiscal year 2023, 12 KC–10 and 14 KC–135 aircraft.
148.
Limitation on retirement of U–2 and RQ–4 aircraft
(a)
Limitation
The Secretary of the Air Force may not take any action that would prevent the Air Force from maintaining the fleets of U–2 aircraft or RQ–4 aircraft in their current, or improved, configurations and capabilities until the Chairman of the Joint Requirements Oversight Council certifies in writing to the appropriate committees of Congress that the capability to be fielded at the same time or before the retirement of the U–2 aircraft or RQ–4 aircraft (as the case may be) would result in equal or greater capability available to the commanders of the combatant commands and would not result in less capacity available to the commanders of the combatant commands.
(b)
Waiver
The Secretary of Defense may waive the certification requirement under subsection (a) with respect to U–2 aircraft or RQ–4 aircraft if the Secretary—
(1) determines, after analyzing sufficient and relevant data, that a loss in capacity and capability will not prevent the combatant commanders from accomplishing their missions at acceptable levels of risk; and
(2) provides to the appropriate committees of Congress a certification of such determination and supporting analysis.
(c)
Appropriate committees of Congress defined
In this section, the term appropriate committees of Congress means—
(1) the Committee on Armed Services, the Committee on Appropriations, and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on Appropriations, and the Permanent Select Committee on Intelligence of the House of Representatives.
149.
Limitation on divestment of F–15C aircraft in the European theater
(a)
In general
The Secretary of the Air Force may not divest F–15C aircraft in the European theater until the F–15EX aircraft is integrated into the Air Force and has begun bed down actions in the European theater.
(b)
Waiver
The Secretary of Defense, after consultation with the Commander of the United States European Command (EUCOM), may waive the limitation under subsection (a) if the Secretary certifies to Congress the divestment is required for the national defense and that there exists sufficient resources at all times to meet NATO and EUCOM air superiority requirements for the European theater.
150.
Air base defense development and acquisition strategy
(a)
Strategy required
Not later than March 1, 2021, the Chief of Staff of the Air Force (CSAF), in consultation with the Chief of Staff of the Army (CSA), shall submit to the congressional defense committees a development and acquisition strategy to procure a capability to protect air bases and prepositioned sites in contested environments highlighted in the National Defense Strategy. The strategy should ensure a solution that is effective against current and emerging cruise missile and advanced hypersonic missile threats.
(b)
Limitation on use of operation and maintenance funds
Not more than 50 percent of the funds authorized to be appropriated by this Act for fiscal year 2021 for operation and maintenance for the Office of the Secretary of the Air Force and the Office of the Secretary of the Army may be obligated or expended until 15 days after submission of the strategy required under subsection (a).
151.
Required solution for KC–46 aircraft remote visual system limitations
The Secretary of the Air Force shall develop and implement a complete, one-time solution to the KC–46 aircraft remote visual system (RVS) operational limitations. Not later than October 1, 2020, the Secretary shall submit to the congressional defense committees an implementation strategy for the solution.
152.
Analysis of 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 ABMS incorporate the findings of the analysis.
(2)
Congressional notification
The Joint Requirements Oversight Council (JROC) 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.
153.
Studies 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 two independent studies to devise new measures to assess cost-per-effect for key mission areas. One of the studies shall be conducted by an organization described in section 501(c)(3) of the Internal Revenue Code of 1986 and exempt from tax under section 501(a) of such Code, and one of the studies shall be conducted by a federally funded research and development center.
(b)
Scope
Each 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.
(c)
Implementation of measures
The Secretary of the Air Force shall, as appropriate, incorporate the findings of the studies conducted pursuant to subsection (a) in the Air Force's future force development process. 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 harnessing cost-per-effect assessments as a key performance parameter within the Department of Defense’s Joint Capabilities Integration and Development System (JCIDS) requirements process.
154.
Plan for operational test and utility evaluation of systems for Low-Cost Attributable Aircraft Technology program
Not later than October 1, 2020, the Assistant Secretary of the Air Force for Acquisition, Technology, and Logistics shall—
(a) submit to the congressional defense committees an executable plan for the operational test and utility evaluation of the systems of the Low-Cost Attributable Aircraft Technology (LCAAT) program of the Air Force; and
(b) brief the congressional defense committees on such plan.
155.
Prohibition on retirement or divestment of A–10 aircraft
The Secretary of Defense may not during fiscal year 2021 divest or retire any A–10 aircraft, in order to ensure ongoing capabilities to counter violent extremism and provide close air support and combat search and rescue in accordance with the National Defense Strategy.
E
Defense-wide, joint, and multiservice matters
171.
Budgeting for life-cycle cost of aircraft for the Navy, Army, and Air Force: annual plan and certification
(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 cost of aircraft for the Navy, Army, and Air Force: Annual plan and certification
(a)
Annual aircraft procurement plan and certification
Not later than 45 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—
(1) a plan for the procurement of the aircraft specified in subsection (b) for the Department of the Navy, the Department of the Army, and the Department of the Air Force developed in accordance with this section; and
(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)(1) should be designed so that the aviation force 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 title 10, United States Code, and National Military Strategy submitted under section 153(b) of title 10, United States Code.
(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 Navy, the Department of the Army, and the Department of the Air Force over the next 30 fiscal years.
(B) A description of the necessary aviation force structure to meet the requirements of the national military strategy of the United States or the most recent Quadrennial Defense Review, whichever is applicable under paragraph (1).
(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 or derived from the cost estimate position of the Office of Cost Analysis and Program Evaluation;
(ii) if the cost estimate position of the military department and the cost estimate position of the Office of Cost Analysis 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 cost between different services and aircraft are based on similar components in the life-cycle cost of each program.
(F) An assessment by the Secretary of Defense of the extent to which the combined aircraft forces of the Department of the Navy, the Department of the Army, and the Department of the Air Force meet the national security requirements of the United States.
(3) For any cost estimate required by paragraph (2)(C) or (D), 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 sourced 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 plan is prepared.
(4) The 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 a fiscal year provides for funding of the procurement of aircraft for the Department of the Navy, the Department of the Army, 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 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. Each such report shall include the following, for the year covered by the report:
(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.
(2) Each report submitted under this subsection shall set forth each item described in paragraph (1) 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)
Definition of budget
In this section, the term budget, with respect to a fiscal year, means the budget for that fiscal year that is submitted to Congress by the President under section 1105(a) of title 31.
.
(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 cost of aircraft for the Navy, Army, and Air Force: Annual plan and certification.
.
172.
Authority to use F–35 aircraft withheld from delivery to Government of Turkey
The Secretary of the Air Force is authorized to utilize, modify, and operate the 6 F–35 aircraft that were accepted by the Government of Turkey but never delivered because Turkey was suspended from the F–35 program.
173.
Transfer from Commander of United States Strategic Command to Chairman of the Joint Chiefs of Staff of responsibilities and functions relating to electromagnetic spectrum operations
(a)
Transfer
Not later than one year after the date of the enactment of this Act and subject to subsection (c), the Secretary of Defense shall transition to the Chairman of the Joint Chiefs of Staff as a Chairman's Controlled Activity all of the responsibilities and functions of the Commander of United States Strategic Command that are germane to electromagnetic spectrum operations, 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)
Responsibility of Vice Chairman of the Joint Chiefs of Staff as the Electronic Warfare Senior Designated Official
The Vice Chairman of the Joint Chiefs of Staff, as the Electronic Warfare Senior Designated Official, shall be responsible for the following:
(1) Executing the functions transitioned to the Chairman of the Joint Chiefs of Staff under subsection (a).
(2) Overseeing, with the Chief Information Officer of the Department of Defense, the development and implementation of the Electromagnetic Spectrum Superiority Strategy of the Department of Defense and subsequent Department-wide electromagnetic spectrum and electronic warfare strategies.
(3) Managing the Joint Electronic Warfare Center and the Joint Electromagnetic Preparedness for Advanced Combat organizations.
(4) Overseeing, through the Joint Requirements Oversight Council and the Electromagnetic Spectrum Operations cross-functional team, the acquisition activities of the military services as they relate to electromagnetic spectrum operations.
(5) Overseeing and, as appropriate, setting standards for the individual and unit training programs of the military services and the joint training and mission rehearsal programs of the combatant commands as they relate to electromagnetic spectrum operations.
(6) Overseeing the development of tactics, techniques, and procedures germane to electromagnetic spectrum operations.
(7) Overseeing the integration of electromagnetic spectrum operations into operation plans and contingency plans.
(8) Developing and integrating into the joint warfighting concept operational concepts for electromagnetic spectrum operations, including the following:
(A) The roles and responsibilities of each of the military services and their primary contributions to the joint force.
(B) The primary targets for offensive electromagnetic spectrum operations and their alignment to the military services and relevant capabilities.
(C) The armed forces’ positioning, scheme of maneuver, kill chains, and tactics, techniques, and procedures, as appropriate, to conduct offensive electromagnetic spectrum operations.
(D) The armed forces’ positioning, scheme of maneuver, kill chains, and tactics, techniques, and procedures, as appropriate, to detect, disrupt, avoid, or render ineffective adversary electromagnetic spectrum operations.
(c)
Period of effect of transfer
(1)
In general
The transfer required by subsection (a) and the responsibilities specified in subsection (b) shall remain in effect until such date as the Chairman of the Joint Chiefs of Staff considers appropriate, except that such date shall not be earlier than the date that is 180 days after the date on which the Chairman submits to the congressional defense committees notice that—
(A) the Chairman has made a determination that—
(i) the military services’, geographic combatant commands’, and functional combatant commands’ electromagnetic spectrum operations expertise, capabilities, and execution are sufficiently robust; and
(ii) an alternative arrangement described in paragraph (2) is justified; and
(B) the Chairman intends to transfer responsibilities and activities in order to carry out such alternative arrangement.
(2)
Alternative arrangement described
An alternative arrangement described in this paragraph is an arrangement in which certain oversight, advocacy, and coordination functions allotted to the Chairman or Vice Chairman of the Joint Chiefs of Staff by subsections (a) and (b) are performed either by a single combatant command or by the individual geographic and functional combatant commands responsible for executing electromagnetic spectrum operations with long-term supervision by the Chairman or Vice Chairman of the Joint Chiefs of Staff.
(d)
Evaluations of armed forces
(1)
In general
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 conduct and complete an evaluation of the armed forces for their respective military services and their ability to perform the electromagnetic spectrum operations missions required of them in—
(A) the Electromagnetic Spectrum Superiority Strategy;
(B) the Joint Staff-developed concept of operations; and
(C) the operation and contingency plans of the combatant commanders.
(2)
Elements
Each evaluation under paragraph (1) shall include assessment of the following:
(A) Current programs of record, including—
(i) the ability of weapon systems to perform missions in contested electromagnetic spectrum environments; and
(ii) the ability of electronic warfare capabilities to disrupt adversary operations.
(B) Future programs of record, including—
(i) the need for distributed or network-centric electronic warfare and signals intelligence capabilities; and
(ii) the need for automated and machine learning- or artificial intelligence-assisted electronic warfare capabilities.
(C) Order of battle.
(D) Individual and unit training.
(E) Tactics, techniques, and procedures, including—
(i) maneuver, distribution of assets, and the use of decoys; and
(ii) integration of nonkinetic and kinetic fires.
(e)
Evaluation of combatant commands
(1)
In general
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 conduct and complete an evaluation of the plans and posture of their respective commands to execute the electromagnetic spectrum operations envisioned in—
(A) the Electromagnetic Spectrum Superiority Strategy; and
(B) the Joint Staff-developed concept of operations.
(2)
Elements
Each evaluation under paragraph (1) shall include assessment of the following:
(A) Operation and contingency plans.
(B) The manning, organizational alignment, and capability of joint electromagnetic spectrum operations cells.
(C) Mission rehearsal and exercises.
(D) Force positioning, posture, and readiness.
(f)
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 Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the implementation of this section by each of the Joint Staff, the military services, and the combatant commands.
174.
Cryptographic modernization schedules
(a)
Cryptographic modernization schedules required
Each of the Secretaries of the military departments and the heads of relevant defense agencies and field activities shall establish and maintain a cryptographic modernization schedule that specifies, for each pertinent weapon system, command and control system, or data link, including those that use commercial encryption technologies, as relevant, the following:
(1) The expiration date or cease key date for applicable cryptographic algorithms.
(2) Anticipated key extension requests for systems where cryptographic modernization is assessed to be overly burdensome and expensive or to provide limited operational utility.
(3) The funding and deployment schedule for modernized cryptographic algorithms, keys, and equipment over the Future Years Defense Program.
(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, 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 military service 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 of the Department and the Joint Staff Director for Command, Control, Communications, and Computers/Cyber shall jointly submit to the congressional defense committees notification of all—
(1) delays to or planned delays of military service and defense agency and field activity funding and deployment of modernized cryptographic algorithms, keys, and equipment over the previous year; and
(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.
175.
Prohibition on purchase of armed overwatch aircraft
The Secretary of the Air Force may not purchase any aircraft for the Air Force Special Operations Command for the purpose of armed overwatch until such time as the Chief of Staff of the Air Force certifies to the congressional defense committees that general purpose forces of the Air Force do not have the skill or capacity to provide close air support and armed overwatch to United States forces deployed operationally.
176.
Special operations armed overwatch
(a)
Prohibition
None of the funds authorized to be appropriated by this Act for the Department of Defense may be used to acquire armed overwatch aircraft for the United States Special Operations Command, and the Department of Defense may not acquire armed overwatch aircraft for the United States Special Operations Command in fiscal year 2021.
(b)
Analysis required
(1)
In general
Not later than July 1, 2021, the Secretary of Defense, in coordination with the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict and the Commander of the United States Special Operations Command, shall conduct an analysis to define the special operations-peculiar requirements for armed overwatch aircraft and to determine whether acquisition of a new special operations-peculiar platform is the most cost effective means of fulfilling such requirements.
(2)
Elements
At a minimum, the analysis of alternatives required under paragraph (1) shall include—
(A) a description of the concept of operations for employing armed overwatch aircraft in support of ground forces;
(B) an identification of geographic regions in which armed overwatch aircraft could be deployed;
(C) an identification of the most likely antiaircraft threats in geographic areas where armed overwatch aircraft will be deployed and possible countermeasures to defeat such threats;
(D) a defined requirement for special operations-peculiar armed overwatch aircraft, including an identification of threshold and objective performance parameters for armed overwatch aircraft;
(E) an analysis of alternatives comparing various manned and unmanned aircraft in the current aircraft inventory of the United States Special Operations Command and a new platform for meeting requirements for the armed overwatch mission, including for each alternative considered;
(F) an identification of any necessary aircraft modifications and the associated cost;
(G) the annual cost of operating and sustaining such aircraft;
(H) an identification of any required military construction costs;
(I) an explanation of how the acquisition of a new armed overwatch aircraft would impact the overall fleet of special operations-peculiar aircraft and the availability of aircrews and maintainers;
(J) an explanation of why existing Air Force and United States Special Operations Command close air support and airborne intelligence capabilities are insufficient for the armed overwatch mission; and
(K) any other matters determined relevant by the Secretary of Defense.
177.
Autonomic Logistics Information System redesign strategy
Not later than October 1, 2020, the Under Secretary of Defense for Acquisition and Sustainment, in consultation with the F–35 Program Executive Officer, shall—
(1) submit to the congressional defense committees a report describing a program-wide process for measuring, collecting, and tracking information on how the Autonomic Logistics Information System (ALIS) is affecting the performance of the F–35 fleet, including its effects on mission capability rates; and
(2) implement a strategy for the redesign of ALIS, including the identification and assessment of goals, key risks or uncertainties, and costs of redesigning the system.
178.
Contract aviation services in a country or in airspace in which a Special Federal Aviation Regulation applies
(a)
In general
When the Department of Defense contracts for aviation services to be performed in a foreign country, or in airspace, in which a Special Federal Aviation Regulation issued by the Federal Aviation Administration would preclude operation of such aviation services by an air carrier or commercial operator of the United States, the Secretary of Defense (or a designee of the Secretary) shall—
(1) obtain approval from the Administrator of the Federal Aviation Administration (or a designee of the Administrator) for the air carrier or commercial operator of the United States to deviate from the Special Federal Aviation Regulation to the extent necessary to perform such aviation services;
(2) designate the aircraft of the air carrier or commercial operator of the United States to be State Aircraft of the United States when performing such aviation services; or
(3) use organic aircraft to perform such aviation services in lieu of aircraft of an air carrier or commercial operator of the United States.
(b)
Construction of designation
The designation of aircraft of an air carrier or commercial operator of the United States as State Aircraft of the United States under subsection (a)(2) shall have no effect on Federal Aviation Administration requirements for—
(1) safety oversight responsibility for the operation of aircraft so designated, except for those activities prohibited or restricted by an applicable Special Federal Aviation Regulation; and
(2) any previously issued nonpremium aviation insurance or reinsurance policy issued to the air carrier or commercial operator of the United States for the duration of aviation services performed as a State Aircraft of the United States under that subsection.
179.
F–35 aircraft munitions
The Secretary of the Air Force and the Secretary of the Navy shall qualify and certify, for the use of United States forces, additional munitions on the F–35 aircraft that are already qualified on NATO member F–35 partner aircraft.
180.
Airborne intelligence, surveillance, and reconnaissance acquisition roadmap for 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, at a minimum, 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 special operations-peculiar capability gaps.
(4) A description of the future 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) An explanation of the anticipated mix of manned and unmanned aircraft, number of platforms, and associated aircrew and maintainers.
(6) 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 how such capabilities will supplement and integrate with the organic capabilities possessed by United States Special Operations Forces.
(7) Any other matters deemed relevant by the Assistant Secretary and Commander.
181.
Requirement to accelerate the fielding and development of counter unmanned aerial systems across the joint force
(a)
Priority objectives for Executive Agent for C-UAS
The Executive Agent of the Joint Counter Small Unmanned Aerial Systems (C-sUAS) Office, as designated by the Under Secretary of Defense, Acquisition and Sustainment, shall prioritize the following objectives:
(1) Select counter unmanned aerial systems that can be fielded as early as fiscal year 2021 to meet immediate operational needs in countering Group 1, 2, and 3 unmanned aerial systems with the potential to expand to other larger systems.
(2) Devise and execute a near-term plan to develop and field a select set of counter unmanned aerial systems to meet joint force requirements, beginning in fiscal year 2021.
(b)
Fielding C-UAS systems in fiscal year 2021
Pursuant to subsection (a)(1), the Executive Agent shall prioritize the selection of counter unmanned aerial systems that can be fielded in fiscal year 2021 with specific emphasis on systems that—
(1) have undergone effective combat validations;
(2) meet the operational demands of deployed forces facing the most significant threats, especially unmanned aerial systems that are not remotely piloted or are not reliant on a command link; and
(3) utilize autonomous systems and processes that increase operational effectiveness, reduce the manning demands on operational forces, and limit the need for government-funded contractor logistics support.
(c)
Near-term development plan
The plan for the near-term development of counter unmanned aerial systems prioritized under subsection (a)(2) shall ensure, at a minimum, that the development of such systems—
(1) builds, as much as practicable, upon systems that were selected for fielding in fiscal year 2021 and the criteria prioritized for their selection, as specified in subsection (b);
(2) reduces or accelerates the timeline for initial operational capability and full operational capability;
(3) utilizes a software-defined, family-of-systems approach that enables 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
(4) gives preference to commercial items, as required in section 3307 of title 41, United States Code, when making selections of counter unmanned aerial systems or component parts, including a common command and control system.
(d)
Briefing
Not later than 60 days after the date of the enactment of this Act, the Executive Agent shall brief the congressional defense committees on the selection process for counter unmanned aerial systems capabilities prioritized under paragraph (1) of subsection (a) and the plan prioritized under paragraph (2) of such subsection.
(e)
Oversight
The Executive Agent shall—
(1) oversee the program management and execution of all counter unmanned aerial systems being developed within the military departments on the day before the date of the enactment of this Act; and
(2) ensure that the plan prioritized under subsection (a)(2) guides future programmatic and funding decisions for activities relating to counter unmanned aerial systems, including cancellation of such activities.
182.
Joint All Domain Command and Control requirements
(a)
Production of requirements by Joint Requirements Oversight Council
Not later than October 1, 2020, the Joint Requirements and Oversight Council (JROC) shall produce requirements for the Joint All Domain Command and Control (JADC2) program.
(b)
Air Force certification
Immediately after the certification of requirements produced under subsection (a), the Chief of Staff of the Air Force shall submit to the congressional defense committees a certification that the current JADC2 effort, including programmatic and architecture efforts, being led by the Air Force will meet the requirements laid out by the JROC.
(c)
Certification by other services
Not later than January 1, 2021, the chief of each other military service shall submit to the congressional defense committees a certification whether that service's efforts on multi-domain command and control are compatible with the Air Force-led JADC2 architecture.
(d)
Budgeting
The Secretary of Defense shall incorporate the expected costs for full development and implementation of the JADC2 program across the Department in the President’s budget submission to Congress for fiscal year 2022 under section 1105 of title 31, United States Code.
II
Research, development, test, and evaluation
A
Authorization of appropriations
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.
B
Program requirements, restrictions, and limitations
211.
Designation and activities of senior officials for critical technology areas supportive of the National Defense Strategy
(a)
Designation of senior officials
The Under Secretary for Research and Engineering shall designate a set of senior officials to coordinate research and engineering in such technology areas as the Under Secretary considers critical for the support of the National Defense Strategy.
(b)
Duties
The duties of the senior officials designated under subsection (a) shall include, within their respective technology areas—
(1) developing and continuously updating research and technology development roadmaps, associated funding strategies, and associated technology transition strategies to ensure effective and efficient development of new capabilities and operational use of appropriate technologies;
(2) annual assessments of workforce, infrastructure, and industrial base capabilities and capacity to support the roadmaps developed under paragraph (1) and 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 military services, 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 achieving the research and technology development goals of the National Defense Strategy; and
(C) projects and activities with unwanted or inefficient duplication, including with other government agencies and the commercial sector, lack of appropriate coordination with relevant organizations, or inappropriate alignment with organizational missions and capabilities;
(4) coordinating research and engineering activities of the Department with appropriate international, interagency, and private sector organizations; and
(5) tasking the appropriate intelligence agencies to develop a direct comparison between the capabilities of the United States and the capabilities of adversaries of the United States.
(c)
Annual reports
(1)
In general
Not later than December 1, 2021, and not later than December 1 of each year thereafter until December 1, 2025, the Under Secretary shall submit to the congressional defense committees a report of successful examples of research and engineering activities that have—
(A) achieved significant technical progress;
(B) transitioned to formal acquisition programs;
(C) transitioned into operational use; or
(D) transferred for further commercial development or commercial sales.
(2)
Form
Each report submitted under paragraph (1) shall be submitted in a publicly releasable format, but may include a classified annex.
(d)
Coordination of research and engineering activities
The Service Acquisition Executive for each military services and the Director of the Defense Advanced Research Projects Agency shall each identify senior officials to ensure coordination of appropriate research and engineering activities with each of the senior officials designated under subsection (a).
212.
Governance of fifth-generation wireless networking in the Department of Defense
(a)
In general
In carrying out the responsibilities established in section 142 of title 10, United States Code, the Chief Information Officer (CIO) of the Department of Defense shall—
(1) lead the cross-functional team established pursuant to subsection (c); and
(2) serve as the senior designated official for fifth-generation wireless networking (commonly known as 5G) policy, oversight, guidance, research, and coordination in the Department.
(b)
Responsibilities
The Chief Information Officer shall have, with respect to authorities referenced in subsection (a), the following responsibilities:
(1) Proposing governance, management, and organizational policy for fifth-generation wireless networking to the Secretary of Defense, in consultation with the heads of the constituent organizations of the cross-functional team established pursuant to subsection (c).
(2) Leading the cross-functional team established pursuant to subsection (c).
(c)
Cross-functional team for fifth-generation wireless networking
(1)
Establishment required
The Secretary of Defense shall, in accordance with section 911(c) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note), establish a cross-functional team for fifth-generation wireless networking in order—
(A) to advance the development and adoption of next generation wireless communication technologies, capabilities, security, and applications in the Department of Defense, the defense industrial base, and the commercial sector; and
(B) to support public-private partnership between the Department and industry regarding fifth-generation wireless networking.
(2)
Purpose
The purpose of the cross-functional team established pursuant to paragraph (1) shall be the—
(A) oversight of the implementation of the strategy developed as required by section 254 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) for harnessing fifth-generation wireless networking technologies, coordinated across all relevant elements of the Department;
(B) coordination of research and development, implementation and acquisition activities, warfighting concept development, spectrum policy, industrial policy and commercial outreach and partnership relating to fifth-generation wireless networking in the Department of Defense, and interagency and international engagement;
(C) integration of the Department of Defense’s fifth-generation wireless networking programs and policies with major Department initiatives, programs, and policies surrounding secure microelectronics and command and control; and
(D) oversight, coordination, execution, and leadership of, as appropriate, Department of Defense initiatives to advance the national deployment of fifth-generation wireless networks and associated applications in the Federal Government and relevant commercial partners.
(d)
Roles and responsibilities
The Secretary of Defense, through the cross-functional team established under subsection (c), shall define the roles of the organizations within the Office of the Secretary of Defense, Department of Defense intelligence components, military services, defense agencies and field activities, combatant commands, and the Joint Staff, for fifth-generation wireless networking policy and programs within the Department.
(e)
Briefing
Not later than March 15, 2021, the Secretary shall submit to the congressional defense committees a briefing on the establishment of the cross-functional team pursuant to subsection (c) and the roles and responsibilities defined pursuant to subsection (d).
(f)
Rule of construction
(1)
In general
Nothing in this section shall be construed as providing the Chief Information Officer immediate responsibility for the Department’s activities in fifth-generation wireless networking experimentation and science and technology development.
(2)
Purview of experimentation and science and technology development
The activities described in paragraph (1) shall remain within the purview of the Under Secretary of Defense for Research and Engineering, but shall inform and be informed by the activities of the cross-functional team established pursuant to subsection (c).
213.
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 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.
214.
Extension of authorities to enhance innovation at Department of Defense laboratories
(a)
Extension of pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense
Section 233(e) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2358 note) is amended by striking September 30, 2022 and inserting September 30, 2025.
(b)
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.
.
215.
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), as amended by section 220 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is further 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.
.
216.
Program of part-time and term employment at Department of Defense science and technology reinvention laboratories of faculty and students from institutions of higher education
(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 to provide part-time or term employment in Department of Defense science and technology reinvention laboratories for—
(1) faculty of institutions of higher education who have expertise in science, technology, engineering, or mathematics to conduct research projects in such laboratories; and
(2) students at such institutions to assist such faculty in conducting such research projects.
(b)
Number of positions
(1)
In general
Not later than one year after the date of the commencement of the program established under subsection (a), the Secretary shall, under such program, establish at least 10 positions of employment described in such subsection for faculty described in paragraph (1) of such subsection.
(2)
Artificial intelligence and machine learning
Of the positions established under paragraph (1), at least five of such positions shall be for faculty conducting research in the area of artificial intelligence and machine learning.
(c)
Selection
The Secretary, acting through the directors of the laboratories described in subsection (a), shall select faculty described in paragraph (1) of such subsection for participation in the program established under such subsection on the basis of—
(1) the academic credentials and research experience of the faculty;
(2) the potential contribution to Department objectives by the research that will be conducted by the faculty under the program; and
(3) the qualifications of any students who will be assisting the faculty in such research and the role and credentials of such students.
(d)
Authorities
In carrying out the program established under subsection (a), the Secretary and the directors of the laboratories described in such subsection may—
(1) use any hiring authority available to the Secretary or the directors, including any authority available under a laboratory demonstration program, direct hiring authority under section 1599h of title 10, United States Code, and expert hiring authority under section 3109 of title 5, United States Code;
(2) utilize cooperative research and development agreements under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) to enable sharing of research and expertise with institutions of higher education and the private sector; and
(3) provide referral bonuses to program participants who identify students to assist in a research project under the program or to participate in laboratory internship programs and the Pathways Internship Program.
(e)
Annual reports
(1)
In general
Not later than one year after the date of the enactment of this Act and not less frequently than once each year thereafter until the date that is three years after the date of the enactment of this Act, the Secretary shall submit to Congress a report on the program established under subsection (a).
(2)
Contents of first report
The first report submitted under paragraph (1) shall address, at a minimum, the following:
(A) The number of faculty and students employed under the program.
(B) The laboratories employing such faculty and students.
(C) The types of research conducted or to be conducted by such faculty or students.
(3)
Contents of subsequent reports
Each report submitted under paragraph (1) after the first report shall address, at a minimum, the following:
(A) The matters set forth in subparagraphs (A) through (C) of paragraph (2).
(B) The number of interns and recent college graduates hired pursuant to referrals under subsection (d)(3).
(C) The results of research conducted under the program.
(f)
Department of Defense science and technology reinvention laboratory defined
In this section, the term Department of Defense science and technology reinvention laboratory means the entities designated by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note).
217.
Improvements to Technology and National Security Fellowship of Department of Defense
(a)
Modification regarding basic pay
Subsection (a)(4)(A) of section 235 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended—
(1) by striking equivalent to and inserting not less than; and
(2) by inserting and not more than the rate of basic pay payable for a position at level 15 of such schedule before the semicolon.
(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 considers appropriate for participation in the fellows program.
.
218.
Department of Defense research, development, and deployment of technology to support water sustainment
(a)
In general
The Secretary of Defense shall research, develop, and deploy advanced technologies that support water sustainment with technologies that capture ambient humidity and harvest, recycle, and reuse water.
(b)
Goal
Under subsection (a), the Secretary shall seek to develop water systems that reduce weight and logistics support and transition such advanced technologies for use by expeditionary forces by January 1, 2025.
(c)
Modular platforms
In carrying out subsection (a), the Secretary shall develop the following:
(1) Modular platforms that are easily transportable.
(2) Trailer mounted systems that will reduce resupply.
(3) Storage requirements at forward operating bases.
(d)
Partnerships and existing techniques and technologies
In carrying out subsection (a), the Secretary shall seek—
(1) to enter into partnerships with foreign militaries and organizations that have proven they have the ability to operate in water constrained areas;
(2) to leverage existing techniques and technologies; and
(3) to apply such techniques and technologies to military operations carried out by the United States.
(e)
Commercial off-the-shelf technologies
In carrying out subsection (a), in addition to technology described in such subsection, the Secretary shall consider using commercial off-the-shelf technologies for cost savings and near ready deployment technologies to enable warfighters to be more self-sufficient.
(f)
Cross functional teams
In carrying out subsection (a), the Secretary shall establish cross functional teams to determine regions where deployment of water harvesting technologies could reduce conflict and potentially eliminate the need for the presence of the Armed Forces.
219.
Development and testing of hypersonic capabilities
(a)
Sense of Congress on hypersonic capabilities
It is the sense of Congress that development of hypersonic capabilities is a key element of the National Defense Strategy.
(b)
Improving ground-based test facilities
The Secretary of Defense shall take such actions as may be necessary to improve ground-based test facilities for the development of hypersonic capabilities, such as improving wind tunnels.
(c)
Increasing flight test rate
The Secretary shall increase the flight test rate to expedite the maturation and fielding of hypersonic technologies.
(d)
Strategy and plan
(1)
In general
Not later than December 30, 2020, the Under Secretary of Defense for Research and Engineering, in consultation with the Chief of Staff of the Air Force, shall submit to the congressional defense committees an executable strategy and plan to field air-launched and air-breathing hypersonic weapons capability before the date that is three years after the date of the enactment of this Act.
(2)
Testing and infrastructure
The strategy and plan submitted under paragraph (1) shall cover required investments in testing and infrastructure to address the need for both flight and ground testing.
220.
Disclosure requirements for recipients of Department of Defense research and development grants
(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 grants
An individual or entity (including a State or local government) that receives Department of Defense grant funds for research and development shall clearly state in any statement, press release, or other document describing the program, project, or activity funded through such grant funds, other than a communication containing not more than 280 characters, the dollar amount of Department grant funds made available for the program, project, or activity.
.
(2)
Clerical amendment
The table of sections at the beginning of chapter 139 of such title is amended by adding at the end the following new item:
2374b. Disclosure requirements for recipients of research and development grants.
.
(b)
Effective date
The amendments made by subsection (a) shall take effect on October 1, 2021, and shall apply with respect to grants for research and development that are awarded by the Department of Defense on or after that date.
C
Plans, reports, and other matters
231.
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, 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).
(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 subsection, the term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
232.
Independent comparative analysis of efforts by China and the United States to recruit and retain researchers in national security-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.
(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 Department of Defense.
(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 relevant researchers.
(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) A list of findings and recommendations relating to policies that can be implemented by the United States, especially the Department of Defense, 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 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.
(2)
Form
The report submitted under paragraph (1) shall be submitted in a publicly releasable and unclassified formats, but may include a classified annex.
233.
Department of Defense demonstration of virtualized radio access network and massive multiple input multiple output radio arrays for fifth generation wireless networking
(a)
Demonstration required
The Secretary of Defense shall carry out a demonstration to demonstrate the maturity, performance, and cost of covered technologies in order to provide additional options for providers of fifth-generation (5G) wireless networking services.
(b)
Covered technologies
For purposes of this section, a covered technology is—
(1) a disaggregated or virtualized radio access network and core where components can be provided by different vendors and interoperate through open protocols and interfaces; and
(2) one or more massive multiple input and multiple output radio arrays provided by United States companies that have the potential to compete favorably with radios produced by foreign companies in terms of cost, performance, and efficiency.
(c)
Location
The Secretary shall carry out the demonstration under subsection (a) at at least one site where the Secretary of Defense plans to deploy a fifth-generation wireless network.
(d)
Coordination
The Secretary shall carry out the demonstration under subsection (a) in coordination with at least one major United States wireless network service provider.
234.
Independent technical review of Federal Communications Commission Order 20–48
(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.
(2)
Timing
The Secretary shall seek to enter into the agreement described in paragraph (1) not later than 30 days after the date of the enactment of this Act.
(b)
Independent technical review
(1)
In general
Under an agreement between the Secretary and the National Academies of Sciences, Engineering, and Medicine under subsection (a), the National Academies of Sciences, Engineering, and Medicine shall carry out an independent technical review of the Order and Authorization adopted by the Federal Communications Commission on April 19, 2020 (FCC 20–48), to the extent that such order and authorization affects the devices, operations, or activities of the Department of Defense.
(2)
Elements
The independent technical review carried out under paragraph (1) shall include the following:
(A) Comparison of the two different approaches on which the Commission relied for the order and authorized described in paragraph (1) to evaluate the potential harmful interference concerns relating to Global Positioning System devices, with a recommendation on which method most effectively mitigates risks of harmful interference with Global Positioning System devices of the Department, or relating to or with the potential to affect the operations and activities of the Department.
(B) Assessment of the potential for harmful interference to mobile satellite services, including commercial services and Global Positioning System services of the Department, or relating to or with the potential to affect the operations and activities of the Department.
(C) Review of the feasibility, practicality, and effectiveness of the proposed mitigation measures relating to, or with the potential to affect, the devices, operations, or activities of the Department.
(D) Development of recommendations associated with the findings of the National Academies of Sciences, Engineering, and Medicine in carrying out the independent technical review.
(E) Such other matters as the National Academies of Sciences, Engineering, and Medicine determines relevant.
(c)
Report
(1)
In general
Under an agreement between the Secretary and the National Academies of Sciences, Engineering, and Medicine under subsection (a), the National Academies of Sciences, Engineering, and Medicine shall, not later than nine months after the date of the execution of such agreement, the National Academies of Sciences, Engineering, and Medicine shall submit to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a report on the findings of the National Academies of Sciences, Engineering, and Medicine with respect to the independent technical review carried out under subsection (b) and the recommendations developed pursuant to such review.
(2)
Form
The report submitted under paragraph (1) shall be submitted in a publicly releasable and unclassified formats, but may include a classified annex.
235.
Report on and limitation on expenditure of funds for micro nuclear reactor programs
(a)
Report required
The Secretary of Defense shall submit to the appropriate congressional committees a report on the micro nuclear reactor programs of the Department of Defense.
(b)
Contents
The report required by subsection (a) shall include the following:
(1) Potential operational uses on United States and non-United States territory, including both mobile and fixed systems.
(2) Cost and schedule estimates for each new or ongoing program to reach initial operational capability, including the timeline for transition of any program currently funded using defense-wide funds to one or more military services and the identified transition partner in such military services.
(3) In consultation with the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense programs, an assessment of physical security requirements for use of such reactors on domestic military installations and non-United States nondomestic installations or locations, including fully permissive, semi-permissive, and remote environments, including a preliminary design basis threat analysis.
(4) In coordination with the Secretary of State—
(A) an assessment of any agreements or changes to agreements that would be required for use of such reactors on non-United States territory;
(B) an assessment of applicability of foreign regulations or International Atomic Energy Agency safeguards for use on non-United States territory; and
(C) other policy implications of deployment of such systems on non-United States territory.
(5) In coordination with the Chairman of the Nuclear Regulatory Commission, a summary of licensing requirements for operation of such systems on United States territory.
(6) A summary of requirements pursuant to the National Environmental Policy Act of 1969 (42 U.S.C. 4321 et seq.) for development and operation on United States territory.
(7) In consultation with the General Counsel of the Department of Defense, an assessment of any issues relating to indemnification for operation on United States or non-United States territory and any other relevant legal matters.
(8) In coordination with the Secretary of State and the Secretary of Energy, a determination of whether development, production, and deployment of such systems would require unobligated enriched uranium fuel.
(9) If the determination in paragraph (8) is that unobligated fuel would be required, in coordination with the Administrator for Nuclear Security, an assessment of the availability of such unobligated enriched uranium fuel, by year, for the estimated life of the program, considered with other United States Government demands for such fuel, including tritium production, naval nuclear propulsion, and medical isotope production.
(10) Any other considerations the Secretary determines relevant.
(c)
Consultation
In addition to consultation and coordination required under subsection (b), the Secretary shall, in producing the report required by subsection (a), consult with the Secretary of the Army, the Chairman of the Joint Chiefs of Staff, the Under Secretary of Defense for Policy, the Director of Naval Nuclear Propulsion, and such other officials as the Secretary considers necessary.
(d)
Form
The report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(e)
Limitation on use of funds
Not more than 20 percent of the amounts authorized to be appropriated by this Act for fiscal year 2021 for Department of Defense micro nuclear reactor programs shall be obligated or expended until the Secretary submits the report required by subsection (a) to the appropriate congressional committees.
(f)
Rule of construction
Nothing in this provision shall be construed to limit or otherwise apply to the Naval Nuclear Propulsion program as established by Executive Order No. 12344, dated February 1, 1982 (42 U.S.C. 7158 note).
(g)
Definitions
In this section:
(1) The term appropriate congressional committees means—
(A) the Committee on Armed Services, the Committee on Appropriations, the Committee on Energy and Natural Resources, the Committee on Environment and Public Works, and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services, the Committee on Appropriations, the Committee on Energy and Commerce, the Committee on Natural Resources, and the Committee on Foreign Affairs of the House of Representatives.
(2) The term micro nuclear reactormeans a nuclear reactor with a production capacity of less than 20 megawatts.
236.
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—
(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—
(1) 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, ; and
(2) in the second sentence, by striking thirty fiscal years and inserting 15 fiscal years.
(c)
Amendment to contents of plan
Subsection (d)(2) of such section, as amended by subsection (a)(2), is further amended—
(1) by striking subparagraph (B);
(2) by redesignating subparagraphs (C) through (G) as subparagraphs (B) through (F), respectively; and
(3) in subparagraph (B), as redesignated by paragraph (2), 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.
237.
Limitation on contract awards for certain unmanned vessels
(a)
Limitation
None of the funds authorized to be appropriated for fiscal year 2021 by section 201 for research, development, test, and evaluation may be used for the award of a contract for a covered vessel until the date that is 30 days after the date on which the Under Secretary of Defense for Research and Engineering submits 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).
(3) A large displacement unmanned undersea vehicle (LDUUV).
(4) An extra-large unmanned undersea vehicle (XLUUV).
(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; and
(B) on the findings of the Under Secretary with respect to such assessment; and
(2) a certification, submitted to the congressional defense committees with the report described in paragraph (1), that certifies that—
(A) the Under Secretary has determined, in conjunction with the Senior Technical Authority designated under section 8669b(a)(1) of title 10, United States Code, 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; and
(B) such contract is necessary to meet Department research, development, test, and evaluation objectives for such covered vessel that cannot otherwise be met through further land-based subsystem prototyping or other demonstration approaches.
(d)
Critical mission, hull, mechanical, and electrical subsystems defined
In this section, the term critical mission, hull, mechanical, and electrical subsystems, with respect to a covered vessel, includes the following subsystems:
(1) Command, control, communications, computers, intelligence, surveillance, and reconnaissance.
(2) Autonomous vessel navigation, vessel control, contact management, and contact avoidance.
(3) Communications security, including cryptopgraphy, encryption, and decryption.
(4) Main engines, including the lube oil, fuel oil, and other supporting systems.
(5) Electrical generation and distribution, including supporting systems.
(6) Military payloads.
(7) Any other subsystem identified as critical by the Senior Technical Authority designated under section 8669b(a)(1) of title 10, United States Code, for the class of naval vessels that includes the covered vessel.
238.
Documentation relating to the Advanced Battle Management System
(a)
Documentation required
Immediately upon the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees the following documentation relating to the Advanced Battle Management System:
(1) A list that identifies each program, project, and activity that contributes to the architecture of the Advanced Battle Management System.
(2) The final analysis of alternatives for the Advanced Battle Management System.
(3) The requirements for the networked data architecture necessary for the Advanced Battle Management System to provide multidomain command and control and battle management capabilities and a development schedule for such architecture.
(b)
Limitation
Of the funds authorized to be appropriated by this Act for fiscal year 2021 for operations and maintenance for the Office of the Secretary of the Air Force, not more than 25 percent may be obligated until the date that is 30 days after the date on which the Secretary of the Air Force submits to the congressional defense committees the documentation required by subsection (a) and the Vice Chairman of the Vice Chairman of the Joint Chiefs certifies the documentation.
(c)
Advanced Battle Management System
In this section, the term Advanced Battle Management System means the Advanced Battle Management System of Systems capability of the Air Force, including each program, project, and activity that contributes to such capability.
239.
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.
III
Operation and maintenance
A
Authorization of appropriations
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.
B
Energy and environment
311.
Modifications and technical corrections to ensure restoration of contamination by perfluorooctane sulfonate and perfluorooctanoic acid
(a)
Definition for PFOA and PFOS
Section 2700 of title 10, United States Code, is amended by adding at the end the following new paragraphs:
(4) The term perfluorooctane sulfonate means perfluorooctane sulfonic acid or sulfonate (commonly referred to as PFOS) (Chemical Abstracts Service No. 1763-23-1) and the salts associated with perfluorooctane sulfonic acid or sulfonate (Chemical Abstracts Service Nos. 2795–39–3, 29457–72–5, 56773–42–3, 29081–56–9, and 70225–14–8).
(5) The term perfluorooctanoic acid means perfluorooctanoic acid (commonly referred to as PFOA) (Chemical Abstracts Service No. 335-67-1) and the salts associated with perfluorooctanoic acid (Chemical Abstracts Service Nos. 3825-26-1, 335-95-5, and 68141-02-6).
.
(b)
Modification of environmental restoration accounts
Section 2703 of such title is amended—
(1) in subsection (e)(2), by striking environmental;
(2) in subsection (f), by striking to the Environmental Restoration Account, Defense, or to any environmental restoration account of a military department, and inserting or transferred to an account established under subsection (a);
(3) by striking subsection (g) and inserting the following:
(g)
Sole source of funds for responses under this chapter
Except as provided in subsection (h), the sole source of funds for all phases of a response under this chapter shall be the applicable environmental restoration account established under subsection (a).
; and
(4) in subsection (h)—
(A) in the subsection heading, by striking environmental remediation and inserting responses; and
(B) by striking services procured under section 2701(d)(1) of this title and inserting a response.
(c)
Modification of authority for environmental restoration projects of National Guard
(1)
In general
Section 2707(e) of such title is amended—
(A) by striking Notwithstanding and inserting (1) Notwithstanding;
(B) by inserting where military activities are conducted by the National Guard of a State under title 32 after facility; and
(C) 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).
.
(2)
Correction of definition of facility
Paragraph (2) of section 2700 of such title is amended—
(A) in subparagraph (A), by striking (A) The terms and inserting The terms; and
(B) by striking subparagraph (B).
(d)
Extension of contract authority
Section 2708(b) of such title is amended—
(1) in paragraph (1), by striking fiscal years 1992 through 1996 and inserting a period specified in paragraph (3); and
(2) by adding at the end the following new paragraph:
(3) A period specified in this paragraph is—
(A) the period of fiscal years 1992 through 1996; or
(B) on or after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2021.
.
(e)
Technical consistency for munitions response
(1)
Program goals
Section 2701(b)(2) of such title is amended by striking of unexploded ordnance and inserting of unexploded ordnance, discarded military munitions, and munitions constituents in a manner consistent with section 2710 of this title.
(2)
Environmental restoration accounts
Section 2703(b) of such title is amended by striking the second sentence and inserting the following new sentence: Such remediation shall be conducted in a manner consistent with section 2710 of this title..
(3)
Transfer of definitions
(A)
Transfer
Paragraphs (2) and (3) of section 2710(e) of such title are—
(i) transferred to section 2700 of such title;
(ii) added at the end of such section; and
(iii) redesignated as paragraphs (6) and (7), respectively.
(B)
Redesignation of definitions
Section 2710(e) of such title is amended by redesignating paragraphs (4) through (7) as paragraphs (2) through (5), respectively.
(4)
Conforming amendments
Section 313(d) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 10 U.S.C. 2710 note) is amended—
(A) in paragraph (2)—
(i) by striking discarded military munitions, munitions constituents, and defense sites and inserting discarded military munitions and munitions constituents; and
(ii) by striking section 2710(e) and inserting section 2700; and
(B) by adding at the end the following new paragraph:
(3) The term defense site has the meaning given such term in section 2710(e) of such title.
.
(f)
Technical correction regarding cooperative agreements
Section 332(a)(2) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended, in the matter preceding subparagraph (A), by striking shall meet or exceed the most stringent of the following and inserting relating to a response shall reflect application to the response of the most protective of the following.
312.
Readiness and Environmental Protection Integration Program technical edits and clarification
(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.
313.
Survey and market research of technologies for phase out by Department of Defense of use of fluorinated aqueous film-forming foam
(a)
Survey of technologies and market research
(1)
In general
The Secretary of Defense shall conduct a survey and market research of relevant technologies, other than fire-fighting agent solutions, to determine whether any such technologies are available and can be adapted quickly for use by the Department of Defense to execute the phase-out by the Department of the use of fluorinated aqueous film-forming foam.
(2)
Technologies included
The technologies surveyed or researched under paragraph (1) shall include the following:
(A) Hangar flooring systems.
(B) Liquid drainage flood assemblies.
(C) Fire-fighting agent delivery systems.
(D) Containment systems.
(E) Such other relevant technologies as the Secretary determines appropriate.
(b)
Briefing
(1)
In general
Not later than 180 days after the date of the enactment of this Act, the Secretary shall brief the congressional defense committees on the results of the survey and market research conducted under subsection (a).
(2)
Elements of briefing
The briefing required under paragraph (1) shall include the following:
(A) A description of the technologies surveyed and researched under subsection (a).
(B) An identification of any such technologies that were considered for further testing or analysis.
(C) An identification of any other technologies useful for the phase-out by the Department of the use of fluorinated aqueous film-forming foam that are undergoing additional analysis for possible application within the Department.
314.
Modification of authority to carry out military installation resilience projects
(a)
Modification of authority
Section 2815 of title 10, United States Code is amended—
(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;
(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.
.
315.
Native American Indian lands environmental mitigation program
(a)
In general
Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section:
2712.
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 culturally connected locations.
(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
(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 Native village, Regional Corporation, or Village Corporation (as defined in section 3 of the Alaska Native Claims Settlement Act (43 U.S.C. 1602)), that is recognized as eligible for the special programs and services provided by the United States to Indians because of their status as Indians.
(3) The term culturally connected location means a location or place that has demonstrable significance to Indians or Alaska Natives based on its association with the traditional beliefs, customs, and practices of a living community, including locations or places where religious, ceremonial, subsistence, medicinal, economic, or other lifeways practices have historically taken place.
.
(b)
Clerical amendment
The table of sections at the beginning of chapter 160 of such title is amended by inserting after the item relating to section 2711 the following new item:
2712. Native American lands environmental mitigation program.
.
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.
(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
(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.
(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.
.
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,.
318.
Long-duration demonstration initiative and joint program
(a)
Definitions
In this section:
(1)
Director
The term Director means the Director of the Environmental Security Technology Certification Program of the Department of Defense.
(2)
Director of ARPA–E
The term Director of ARPA–E means the Director of the Advanced Research Projects Agency—Energy.
(3)
Initiative
The term Initiative means the demonstration initiative established under subsection (b).
(4)
Joint Program
The term Joint Program means the joint program established under subsection (d).
(b)
Establishment of Initiative
Not later than 180 days after the date of enactment of this Act, the Director shall establish a demonstration initiative composed of demonstration projects focused on the development of long-duration energy storage technologies.
(c)
Selection of projects
To the maximum extent practicable, in selecting demonstration projects to participate in the Initiative, the Director shall—
(1) ensure a range of technology types;
(2) ensure regional diversity among projects; and
(3) consider bulk power level, distribution power level, behind-the-meter, microgrid (grid-connected or islanded mode), and off-grid applications.
(d)
Joint Program
(1)
Establishment
As part of the Initiative, the Director, in consultation with the Director of ARPA–E, shall establish within the Department of Defense a joint program to carry out projects—
(A) to demonstrate promising long-duration energy storage technologies at different scales to promote energy resiliency; and
(B) to help new, innovative long-duration energy storage technologies become commercially viable.
(2)
Memorandum of understanding
Not later than 200 days after the date of enactment of this Act, the Director shall enter into a memorandum of understanding with the Director of ARPA–E to administer the Joint Program.
(3)
Infrastructure
In carrying out the Joint Program, the Director and the Director of ARPA–E shall—
(A) use existing test-bed infrastructure at—
(i) installations of the Department of Defense; and
(ii) facilities of the Department of Energy; and
(B) develop new infrastructure for identified projects, if appropriate.
(4)
Goals and metrics
The Director and the Director of ARPA–E shall develop goals and metrics for technological progress under the Joint Program consistent with energy resilience and energy security policies.
(5)
Selection of projects
(A)
In general
To the maximum extent practicable, in selecting projects to participate in the Joint Program, the Director and the Director of ARPA–E shall—
(i) ensure that projects are carried out under conditions that represent a variety of environments with different physical conditions and market constraints; and
(ii) ensure an appropriate balance of—
(I) larger, higher-cost projects; and
(II) smaller, lower-cost projects.
(B)
Priority
In carrying out the Joint Program, the Director and the Director of ARPA–E shall give priority to demonstration projects that—
(i) make available to the public project information that will accelerate deployment of long-duration energy storage technologies that promote energy resiliency; and
(ii) will be carried out in the field.
319.
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 the Department of Defense 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
(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) fuels derived from renewable biomass, as defined in section 211(o)(1)(I) of the Clean Air Act (42 U.S.C. 7545(o)(1)(I));
(2) natural gas (including compressed and liquefied natural gas); or
(3) propane.
C
Logistics and sustainment
331.
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.
332.
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.
D
Reports
351.
Report on impact of permafrost thaw on infrastructure, facilities, and operations of the Department of Defense
(a)
Report required
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 comprehensive report on the impact of permafrost thaw on the infrastructure, facilities, assets, and operations of the Department of Defense.
(b)
Elements
The report required by subsection (a) shall include the following:
(1) An identification of the infrastructure, facilities, and assets of the Department of Defense that could be impacted by permafrost thaw.
(2) For each element of infrastructure and each facility and asset identified pursuant to paragraph (1)—
(A) an assessment of the threat posed by permafrost thaw; and
(B) an estimate of potential damage in the event of likely permafrost thaw.
(3) A description of the threats and impacts posed by permafrost thaw to military and other national security operations.
(c)
Consultation
In preparing the report under subsection (a), the Secretary may consult with other Federal agencies, agencies of State and local governments, and academic institutions with expertise or experience in the effects of permafrost thaw on infrastructure, facilities, and operations.
(d)
Asset defined
In this section, the term asset means the following:
(1) Any aircraft, weapon system, vehicle, equipment, or gear of the Department of Defense or the Armed Forces.
(2) Any other item of the Department or the Armed Forces that the Secretary considers appropriate for purposes of this section.
352.
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 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.
353.
Report on implementation by Department of Defense of requirements relating to renewable fuel pumps
(a)
In general
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a report on the implementation by the Department of Defense of the requirements under section 246(a) of the Energy Independence and Security Act of 2007 (42 U.S.C. 17053(a)).
(b)
Elements
The report required by subsection (a) shall include the following:
(1) An estimate of the cost to the Department of fully implementing the requirements under section 246(a) of the Energy Independence and Security Act of 2007; and
(2) An assessment of any problems or issues the Department is having in complying with the requirements under such section.
(c)
Exception
The report required by subsection (a) shall not apply to a fueling center of the Department with a fuel turnover rate of less than 100,000 gallons of fuel per year.
354.
Report on effects of extreme weather on Department of Defense
(a)
In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on vulnerabilities to military installations and combatant commander requirements resulting from extreme weather that builds upon the report submitted under section 335(c) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1358).
(b)
Elements
The report required by subsection (a) shall include the following:
(1) An explanation of the underlying methodology that the Department uses to assess the effects of extreme weather in the report, including through the use of a climate vulnerability and risk assessment tool as directed under section 326 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
(2) An assessment of how extreme weather affects low-lying military installations, military installations of the Navy and the Marine Corps, and military installations outside the United States.
(3) An assessment of how extreme weather affects access of members of the Armed Forces to training ranges.
(4) With respect to a military installation in a country outside the United States, an assessment of the collaboration between the Department of Defense and the military or civilian agencies of the government of that country or nongovernmental organizations operating in that country to adapt to risks from extreme weather.
(5) An assessment of how extreme weather affects housing safety and food security on military installations.
(6) An assessment of the strategic benefits derived from isolating infrastructure of the Department of Defense in the United States from the national electric grid and the use of energy-efficient, distributed, and smart power grids by the Armed Forces in the United States and overseas to ensure affordable access to electricity.
(7) A list of ten military installation resilience projects conducted within each military department.
(8) An overview of mitigations, in addition to current efforts undertaken by the Department, that may be necessary to ensure the continued operational viability and to increase the resilience of military installations, and the estimated costs of those mitigations.
(c)
Consultation
In developing the report required by subsection (a), the Secretary of Defense shall consult with the Administrator of the Environmental Protection Agency, the Secretary of Energy, the Administrator of the National Oceanic and Atmospheric Administration, the Administrator of the Federal Emergency Management Agency, the Commander of the Army Corps of Engineers, the Administrator of the National Aeronautics and Space Administration, a federally funded research and development center, and the heads of such other relevant Federal agencies as the Secretary of Defense determines appropriate.
(d)
Form of report
The report required by subsection (a) shall be submitted in unclassified form but may contain a classified annex if necessary.
(e)
Publication
Upon submittal of the report required by subsection (a), the Secretary of Defense shall publish the unclassified portion of the report on an Internet website of the Department of Defense that is available to the public.
(f)
Definitions
In this section:
(1)
Extreme weather
The term extreme weather means recurrent flooding, drought, desertification, wildfires, and thawing permafrost.
(2)
United States
The term United States means the several States, the District of Columbia, and any territory or possession of the United States.
E
Other matters
371.
Prohibition on divestiture of manned intelligence, surveillance, and reconnaissance aircraft operated by United States Special Operations Command
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.
372.
Information on overseas construction projects in support of contingency operations using funds for operation and maintenance
(a)
Annual budget justification display
Section 2805(c) of title 10, United States Code, is amended—
(1) by striking The Secretary concerned and inserting (1) The Secretary concerned; and
(2) by adding at the end the following new paragraphs:
(2) The Secretary of each military department, the Director of each Defense Agency, and the head of any other relevant component of the Department of Defense shall track and report to the Under Secretary of Defense (Comptroller) relevant data regarding all overseas construction projects funded with amounts appropriated or otherwise made available for operation and maintenance in support of contingency operations.
(3)
(A) The Secretary of Defense shall prepare, for inclusion in the annual budget submission by the President to Congress under section 1105 of title 31, a consolidated budget justification display, in classified and unclassified form, that identifies all overseas construction projects funded with amounts appropriated or otherwise made available for operation and maintenance in support of contingency operations.
(B) The display prepared under subparagraph (A) shall include a list of all construction projects described in such subparagraph that were completed in the prior fiscal year, that are ongoing, or that are expected for the next five fiscal years, and shall identify for each project—
(i) the component of the Department of Defense involved in the project;
(ii) the location of the project;
(iii) a brief description of the purpose of the project; and
(iv) the actual or estimated cost of the project.
.
(b)
Report on construction projects in support of contingency operations
(1)
In general
Not later than March 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report on ways to improve the development, funding, and execution of construction projects in support of overseas contingency operations, including those funded with amounts appropriated or otherwise made available for operation and maintenance and those funded with amounts appropriated or otherwise made available for military construction.
(2)
Elements
The report required by paragraph (1) shall include, at a minimum, the following:
(A) An examination and comparison of the time required to plan, approve, and execute construction projects funded with operation and maintenance amounts versus those funded with military construction amounts, in support of contingency operations, including construction projects in support of recent operations in Afghanistan, Iraq, Syria, and Eastern Europe.
(B) A description of any challenges associated with the processes of the Department of Defense for planning, approving, and executing such projects.
(C) A description of any ongoing or planned efforts to improve such processes to promote efficiency and expediency in the development and execution of such projects.
(D) Any recommendations with respect to improving such processes, including those from the commanders of the combatant commands and the Secretaries of the military departments.
373.
Provision of protection to the National Museum of the Marine Corps, the National Museum of the United States Army, the National Museum of the United States Navy, and the National Museum of the United States Air Force
Section 2465(b) of title 10, United States Code, is amended by adding at the end the following new paragraph:
(5) A contract for the performance of on-site armed security guard functions to be performed—
(A) at the Marine Corps Heritage Center at Marine Corps Base Quantico, Virginia, including the National Museum of the Marine Corps;
(B) at the Heritage Center for the National Museum of the United States Army at Fort Belvoir, Virginia;
(C) at the Heritage Center for the National Museum of the United States Navy at Washington, District of Columbia; or
(D) at the Heritage Center for the National Museum of the United States Air Force at Wright-Patterson Air Force Base, Ohio.
.
374.
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.
.
375.
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).
376.
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 Sustainment 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 Sustainment, 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 Sustainment, 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), the Secretary shall—
(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
(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.
377.
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—
(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
(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.
378.
Modifications to review of proposed actions by Military Aviation and Installation Assurance Clearinghouse
Section 183a(c)(2) of title 10, United States Code, is amended—
(1) by striking If the Clearinghouse and inserting (A) If the Clearinghouse; and
(2) by adding at the end the following new subparagraphs:
(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.
(C) If the Secretary determines within a reasonable period of time after the issuance of a notice under subparagraph (A) with respect to an energy project that the concerns identified in the preliminary review conducted under paragraph (1) with respect to such project have been mitigated to the extent that such project does not pose an unacceptable level of risk to military operations and readiness, the Clearinghouse shall timely issue a mission compatibility letter to the applicant of such project, the governor of the State in which such project is located, and the Secretary of the finding of the Clearinghouse.
.
379.
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 of the Navy—
(1) may treat the limitation specified in paragraph (1) of such section to be $10,000,000 rather than $4,000,000; and
(2) may treat the limitation specified in paragraph (2) of such section to be $30,000,000 rather than $25,000,000.
.
380.
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.
381.
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.
(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.
IV
Military Personnel Authorizations
A
Active Forces
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, 485,000.
(2) The Navy, 346,730.
(3) The Marine Corps, 180,000.
(4) The Air Force, 333,475.
402.
End strength level matters
(a)
Strength levels to support two major regional contingencies
(1)
In general
Section 691 of title 10, United States Code, is repealed.
(2)
Table of sections
The table of sections at the beginning of chapter 39 of such title is amended by striking the item relating to section 691.
(b)
Certain active-duty and Selected Reserve strengths
Section 115 of such title is amended—
(1) in subsection (f)(1), by striking increase and inserting vary; and
(2) in subsection (g)(1)(A), by striking increase and inserting vary.
B
Reserve Forces
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—
(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.
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.
413.
End strengths for military technicians (dual status)
(a)
In general
The authorized 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.
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:
(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.
415.
Separate authorization by Congress of minimum end strengths for non-temporary military technicians (dual status) and maximum 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 maximum 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 maximum 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.
C
Authorization of Appropriations
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 subsection (a) supersedes any other authorization of appropriations (definite or indefinite) for such purpose for fiscal year 2021.
V
Military Personnel Policy
A
Officer Personnel Policy
501.
Repeal of codified specification of authorized strengths of certain commissioned officers on active duty
Effective as of October 1, 2021, the text of section 523 of title 10, United States Code, is amended to read as follows:
The total number of commissioned officers serving on active duty in the Army, Air Force, or Marine Corps in each of the grades of major, lieutenant colonel, or colonel, or in the Navy in each of the grades of lieutenant commander, commander, or captain, at the end of any fiscal year shall be as specifically authorized by Act of Congress for such fiscal year.
.
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.
.
(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) 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.
503.
Requirement for promotion selection board recommendation of higher placement on promotion list of officers of particular merit
(a)
In general
Section 616(g) 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.
504.
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.
(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 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 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 active-duty list as the person would have had pursuant to the original recommendation for promotion of the promotion board concerned.
(g)
Regulations
(1) The Secretary of Defense shall prescribe regulations to carry out this section. 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
(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 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 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 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:
(2) 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) 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.
(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.
.
505.
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.
.
506.
Mandatory retirement for age
(a)
General rule
Subsection (a) of section 1251 of title 10, United States Code, is amended—
(1) by inserting Space Force, after or Marine Corps,; 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.
(c)
Deferred retirement or separation of other officers
Subsection (c) of such section is amended—
(1) in the subsection heading, by striking of chaplains and inserting or separation of other officers;
(2) by inserting or separation after retirement; and
(3) by striking an officer who is appointed or designated as a chaplain and inserting any officer other than a health professions officer described in subsection (b)(2).
(d)
Retirement or separation based on years of creditable service
Such section is further amended by adding at the end the following new subsection:
(e)
Retirement or separation based on years of creditable service
The following rules shall apply to a regular commissioned officer who is to be retired or separated under subsection (a):
(1) 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.
(2) If the officer has fewer than 6 years of creditable service, the officer shall be separated under subsection (a).
.
507.
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.
(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 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.
(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—
(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 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
(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, 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, at a minimum, by a medical evaluation board and at the time of such transfer or discharge the person (pursuant to section 12731b of this title or otherwise) meets the service requirements established by section 12731(a) of this title for eligibility for retired pay under chapter 1223 of this title, unless the disability is described in section 12731b of this title.
(3)
Reduction in service-in-grade requirements
(A)
Officers in grades below general and flag officer grades
In the case of a person to be retired in a grade below brigadier general or rear admiral (lower half) in the Navy, the Secretary of Defense may authorize the Secretary of a military department to reduce, subject to subparagraph (B), the three-year period of service-in-grade required by paragraph (1) to a period not less than two years. The authority of the Secretary of a military department under this subparagraph may not be delegated.
(B)
Limitation
The number of reserve commissioned officers of an armed force in the same grade for whom a reduction is made under subparagraph (A) during any fiscal year in the period of service-in-grade otherwise required by paragraph (1) may not exceed the number equal to 2 percent of the strength authorized for that fiscal year for reserve commissioned officers of that armed force in an active status in that grade.
(C)
Officers in general and flag officers grades
The Secretary of Defense may reduce the three-year period of service-in-grade required by paragraph (1) to a period not less than two years for any person, including a person who, upon transfer to the Retired Reserve or discharge, is to be credited with satisfactory service in a general or flag officer grade under that paragraph. The authority of the Secretary of Defense under this subparagraph may not be delegated.
(D)
Notice to Congress on reduction in service-in-grade requirements for general and flag officer grades
In the case of a person to be credited under this section with satisfactory service in a grade that is a general or flag officer grade who is eligible to be credited with such service in that grade only by reason of an exercise of authority in subparagraph (C) to reduce the three-year service-in-grade requirement otherwise applicable under paragraph (1), the Secretary of Defense shall, not later than 60 days prior to the date on which the person will be credited with such satisfactory service in that grade, notify the Committees on Armed Services of the Senate and the House of Representatives of the exercise of authority in subparagraph (C) with respect to that person.
(4)
Officers serving in grades above O–6 involuntarily transferred from active status
A person covered by paragraph (1) who has completed at least six months of satisfactory service in a grade above colonel or (in the case of the Navy) captain and, while serving in an active status in such grade, is involuntarily transferred (other than for cause) from active status may be credited with satisfactory service in the grade in which serving at the time of such transfer, notwithstanding failure of the person to complete three years of service in that grade.
(5)
Adjutants and assistant adjutants general
If a person covered by paragraph (1) has completed at least six months of satisfactory service in grade, the person was serving in that grade while serving in a position of adjutant general required under section 314 of title 32 or while serving in a position of assistant adjutant general subordinate to such a position of adjutant general, and the person has failed to complete three years of service in that grade solely because the person’s appointment to such position has been terminated or vacated as described in section 324(b) of such title, the person may be credited with satisfactory service in that grade, notwithstanding the failure of the person to complete three years of service in that grade.
(6)
Officers recommended for promotion serving in certain grade before promotion
To the extent authorized by the Secretary of the military department concerned, a person who, after having been recommended for promotion in a report of a promotion board but before being promoted to the recommended grade, served in a position for which that grade is the minimum authorized grade may be credited for purposes of paragraph (1) as having served in that grade for the period 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 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 retired grade rules for the Armed Forces
(1)
Retired pay
Title 10, United States Code, is amended as follows:
(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)).
508.
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.
B
Reserve Component Management
511.
Exclusion of certain reserve general and flag officers on active duty from limitations on authorized strengths
(a)
Duty for certain reserve officers under joint duty limited exclusion
Subsection (b) of section 526a of title 10, United States Code, is amended by adding at the end the following new paragraph:
(3)
Duty for certain reserve officers
Of the officers designated pursuant to paragraph (1), the Chairman of the Joint Chiefs of Staff may designate up to 15 general and flag officer positions in the unified and specified combatant commands, and up to three general and flag officer positions on the Joint Staff, as positions to be held only by reserve officers who are in a general or flag officer grade below lieutenant general or vice admiral. Each position so designated shall be considered to be a joint duty assignment position for purposes of chapter 38 of this title.
.
(b)
Reserve officers on active duty for training or for less than 180 days
Such section is further 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)
Reserve officers on active duty for training or for less than 180 days
The limitations of this section do not apply to a reserve general or flag officer who—
(1) is on active duty for training; or
(2) is on active duty under a call or order specifying a period of less than 180 days.
.
C
General Service Authorities
516.
Increased access to potential recruits
(a)
Secondary schools
Section 503(c)(1) of title 10, United States Code, is amended—
(1) in subparagraph (A)—
(A) in clause (i), by striking and at the end;
(B) in clause (ii), by striking and telephone listings, and all that follows through the period at the end and inserting electronic mail addresses, home telephone numbers, and mobile telephone numbers, notwithstanding subsection (a)(5)(B) or (b) of section 444 of the General Education Provisions Act (20 U.S.C. 1232g); and; and
(C) by adding at the end the following new clause:
(iii) shall provide information requested pursuant to clause (ii) within a reasonable period of time, but in no event later than 60 days after the date of the request.
; and
(2) in subparagraph (B), by striking and telephone listing and inserting electronic mail address, home telephone number, or mobile telephone number.
(b)
Institutions of higher education
Section 983(b) of such title is amended—
(1) in paragraph (1), by striking or at the end;
(2) in paragraph (2)—
(A) in subparagraph (A), by striking and telephone listings and inserting electronic mail addresses, home telephone numbers, and mobile telephone numbers, which information shall be made available not later than 60 days after the start of classes for the current semester or not later than 60 days after the date of a request, whichever is later; and
(B) in subparagraph (B), by striking the period at the end and inserting ; or; and
(3) by adding at the end the following new paragraph:
(3) access by military recruiters for purposes of military recruiting to lists of students (who are 17 years of age or older) not returning to the institution after having been enrolled during the previous semester, together with student recruiting information and the reason why the student did not return, if collected by the institution.
.
517.
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.
.
518.
Certificate of Release or Discharge from Active Duty (DD Form 214) matters
(a)
Redesignation as Certificate of Military Service
(1)
In general
Department of Defense Form DD 214, the Certificate of Release or Discharge from Active Duty, is hereby redesignated as the Certificate of Military Service.
(2)
Conforming amendment
Section 1168(a) of title 10, United States Code, is amended by striking discharge certificate or certificate of release from active duty, respectively, and inserting Certificate of Military Serve.
(3)
References
Any reference in a law, regulation, document, paper, or other record of the United States to Department of Defense Form DD 214, the Certificate of Release or Discharge from Active Duty, shall be deemed to be a reference to the Certificate of Military Service.
(4)
Technical amendments
Such section 1168(a) is further amended—
(A) by striking until his and inserting until the member's;
(B) by striking his final pay and inserting the member's final pay; and
(C) by striking him or his next of kin and inserting the member or the member's next of kin.
(5)
Effective dates
(A)
In general
Except as provided in subparagraph (B), this subsection and the amendments made by this subsection shall take effect on the date provided for in subsection (d) of section 569 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), as redesignated by subsection (b)(1)(B) of this section.
(B)
Technical amendments
The amendments made by paragraph (4) of this subsection shall take effect on the date of the enactment of this Act.
(b)
Additional requirements
(1)
In general
Section 569 of the National Defense Authorization Act for Fiscal Year 2020 is amended—
(A) in subsection (a)—
(i) by redesignating paragraphs (1) and (2) as paragraphs (2) and (4), respectively;
(ii) by inserting before paragraph (2), as redesignated by clause (i), the following new paragraph (1);
(1) redesignate such form as the Certificate of Military Service;
.
(iii) in paragraph (2), as so redesignated, by striking and at the end; and
(iv) by inserting after paragraph (2), as so redesignated, the following new paragraph:
(3) provide for a standard total force record of military service for all members of the Armed Forces, including member of the reserve components, that summarizes the record of service for each member; and
;
(B) by redesignating subsections (b) and (c) as subsections (d) and (e), respectively;
(C) by inserting after subsection (a) the following new subsections:
(b)
Issuance to Reserves
The Secretary of Defense shall provide for the issuance of the Certificate of Military Service, as modified pursuant to subsection (a), to members of the reserve components of the Armed Forces at such times during their military service as is appropriate to facilitate their access to benefits under the laws administered by the Secretary of Veterans Affairs.
(c)
Coordination
In carrying out this section, the Secretary of Defense shall coordinate with the Secretary of Veterans Affairs to ensure that the Certificate of Military Service, as modified pursuant to subsection (a), is recognized as the Certificate of Military Service referred to in section 1168(a) of title 10, United States Code, and for the purposes of establishing eligibility for applicable benefits under the laws administered by the Secretary of Veterans Affairs.
; and
(D) in subsection (d), as redesignated by subparagraph (B), by striking a revised Certificate of Release or Discharge from Active Duty (DD Form 214), modified and inserting the Certificate of Military Service, as modified.
(2)
Conforming amendment
The heading of such section 569 is amended to read as follows:
569.
Certificate of Release or Discharge from Active Duty (DD Form 214) matters
.
(3)
Repeal of superseded requirements
Section 570 of the National Defense Authorization Act for Fiscal Year 2020 is repealed.
519.
Evaluation of barriers to minority participation in certain units of the Armed Forces
(a)
Findings
Congress makes the following findings:
(1) In 1999, the RAND Corporation issued a report entitled Barriers to Minority Participation in Special Operations Forces that was sponsored by United States Special Operations Command.
(2) In 2018, the RAND Corporation issued a report entitles Understanding Demographic Differences in Undergraduate Pilot Training Attrition that was sponsored by the Air Force.
(3) No significant independent study has been performed by a federally funded research and development center into increasing minority participation in the special operations forces since 1999.
(b)
Study required
(1)
In general
Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense shall, acting through the Under Secretary of Defense for Personnel and Readiness, seek to enter into an agreement with a federally funded research and development center.
(2)
Elements
The evaluation 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 participation in the accession, assessment, and training processes.
(E) The status and effectiveness of the response to the recommendations contained in the report referred to in subsection (a)(1) 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) 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.
(c)
Designation
The study conducted under subsection (b) shall be known as the Study on Reducing Barriers to Minority Participation in Elite Units in the Armed Services.
(d)
Implementation plan
The Secretary shall submit to the congressional defense committees a report setting forth an implementation plan for the recommendations that the Secretary implements under this section, including—
(1) the response of the Secretary to each such recommendation;
(2) a summary of actions the Secretary has carried out, or intends to carry out, to implement such recommendations, as appropriate; and
(3) a schedule, with specific milestones, for completing the implementation of such recommendations.
(e)
Covered units defined
In this section, the term covered units means the following:
(1) Any forces designated by the Secretary as special operations forces.
(2) Air Force Combat Control Teams.
(3) Air Force Pararescue.
(4) Marine Corps Force Reconnaissance.
(5) Coast Guard Deployable Operations Group.
(6) Pilot and navigator military occupational specialties.
D
Military Justice and Related Matters
I
Investigation, Prosecution, and Defense of Sexual Assault and Related Matters
521.
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.
522.
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) is 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.
523.
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
(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.
524.
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 cross-service Special Victims’ Counsel representation in instances where a Special Victims’ Counsel from a different Armed Force is co-located with a victim at a remote base.
525.
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 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 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, and the oversight framework developed and implemented pursuant to subsection (b).
526.
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:
(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.
527.
Additional bases for provision of advice by the Defense Advisory Committee for the Prevention of Sexual Misconduct
Section 550B(c)(2) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended—
(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.
.
528.
Additional matters for reports of the Defense Advisory Committee for the Prevention of Sexual Misconduct
Section 550B(d) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by adding at the end the following: “The report shall 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 of recruits before entry into military service for 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.
(C) The number of sexual assaults that involve an abuse of power by a commander or supervisor.
.
529.
Policy on separation of victim and accused at military service academies and degree-granting military educational institutions
(a)
In general
The Secretary of Defense shall, in consultation with the Secretaries of the military departments, the Superintendent of each military service academy, and the head of each degree-granting military educational institution, prescribe in regulations a policy under which association between a cadet or midshipman of a military service academy, or a member of the Armed Forces enrolled in a degree-granting military educational institution, who is the alleged victim of a sexual assault and the accused is minimized while both parties complete their course of study at the academy or institution concerned.
(b)
Elements
The Secretary of Defense shall ensure that the policy developed under subsection (a)—
(1) is fair to the both the alleged victim and the accused;
(2) provides for the confidentiality of the parties involved;
(3) provide that notice of the policy, including the elements of the policy and the right to opt out of coverage by the policy, is provided to the alleged victim upon the making of an allegation of a sexual assault covered by the policy; and
(4) provide an alleged victim the right to opt out of coverage by the policy in connection with such sexual assault.
(c)
Military service academy defined
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.
530.
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 90 days after the date of the enactment of this Act, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on the feasibility and advisability, and current practice (if any), of the Department of Defense of granting requests by members of the Armed Forces who are in academic status (whether at the military service academies or in developmental education programs) and who are victims of sexual assault to be placed on a Non-Rated Period for their performance report.
II
Other Military Justice Matters
531.
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.
.
532.
Consideration of the evidence by Courts of Criminal Appeals
(a)
In general
Section 866 of title 10, United States Code (article 66 of the Uniform Code of Military Justice), is amended—
(1) by redesignating subsections (e) through (j) as subsections (f) through (k), respectively; and
(2) by inserting after subsection (d) the following new subsection (e):
(e)
Consideration of the evidence
(1)
In general
In an appeal of a finding of guilty under subsection (b), the Court of Criminal Appeals, upon request of the accused, may consider the weight of the evidence upon a specific showing by the accused of deficiencies in proof. The Court may set aside and dismiss a finding if clearly convinced that the finding was against the weight of the evidence. The Court may affirm a lesser finding. A rehearing may not be ordered.
(2)
Deference in consideration
When considering a case under subsection (b), the Court may weigh the evidence and determine controverted questions of fact, subject to—
(A) appropriate deference to the fact that the court-martial saw and heard the witnesses and other evidence; and
(B) appropriate deference to findings of fact entered into the record by the military judge.
.
(b)
Additional qualifications of appellate military judges
Subsection (a) of such section (article) is amended—
(1) by inserting (1) before Each judge; and
(2) by adding at the end the following new paragraph:
(2)
(A) In addition to any other qualifications specified in paragraph (1), any commissioned officer assigned as an appellate military judge to a Court of Criminal Appeals shall have not fewer than 12 years of experience in military justice assignments before such assignment, and any civilian so assigned shall have not fewer than 12 years as a judge or criminal trial attorney before such assignment.
(B) A Judge Advocate General may waive the requirement in subparagraph (A) in connection with the assignment of an officer or civilian as an appellate military judge of a Court of Criminal Appeals if the Judge Advocate General determines that compliance with the requirement in the assignment of appellate military judges to a Court of Criminal Appeals will impair the ability of the Court to hear and decide appeals in a timely manner.
(C) Not later than 120 days after waiving the requirement in subparagraph (A) pursuant to subparagraph (B), the Judge Advocate General shall notify the congressional defense committees of the waiver, and include with the notice an explanation for the shortage of appellate military judges and a plan for addressing such shortage.
.
(c)
Review by full Court of finding of conviction against weight of evidence
Subsection (e) of such section (article), as amended by subsection (a) of this section, is further is amended by adding at the end the following new paragraph:
(3)
Review by full Court of finding of conviction against weight of evidence
Any determination by the Court that a finding was clearly against the weight of the evidence under paragraph (1) shall be reviewed by the Court sitting as a whole.
.
533.
Preservation of records of the military justice system
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 records without regard to outcome
The standards and criteria prescribed established by the Secretary of Defense under subsection (a) shall provide for the preservation of records, without regard to the outcome of the proceeding concerned, for not fewer than 15 years.
.
534.
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), 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.
(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.
535.
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) Trial counsel.
(2) Defense counsel.
(3) Special Victims' Counsel.
(4) Military investigative personnel.
(c)
Elements
The briefing required by subsection (a) shall include the following:
(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.
536.
Guardian ad litem program for minor dependents of members of the Armed Forces
Section 540L(b)(1) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1373) is amended by adding before the period at the end the following: , including an assessment of the feasibility and advisability of establishing a guardian ad litem program for military dependents living outside the United States.
E
Member Education, Training, Transition, and Resilience
541.
Training on religious accommodation for members of the Armed Forces
(a)
In general
As recommended on page 149 of the Report of the Committee on Armed Services of the Senate to Accompany S. 1519 (115th Congress) (Senate Report 115–125), the Secretary of Defense shall develop and implement training on Federal statutes, Department of Defense instructions, and the regulations of each Armed Force regarding religious liberty and accommodation for members of the Armed Forces, including the responsibility of commanders to maintain good order and discipline.
(b)
Consultation
The Secretary develop and implement the training required by subsection (a) in consultation with the following:
(1) The General Counsel of the Department of Defense.
(2) The Judge Advocate General of the Army, the Judge Advocate General of the Navy, and the Judge Advocate General of the Air Force.
(3) The Chief of Chaplains of the Army, the Chief of Chaplains of the Navy, and the Chief of Chaplains of the Air Force.
(c)
Contents
The content of the training shall be consistent with and include coverage of each of the following:
(1) The Religious Freedom Restoration Act of 1993 (42 U.S.C. 2000bb et seq.).
(2) Section 533 of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. prec. 1030 note).
(3) Section 528 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 814).
(d)
Implementation
(1)
Recipients
The recipients of training developed under subsection (a) shall include the following at all levels of command:
(A) Commanders
(B) Chaplains.
(C) Judge advocates.
(D) Such other members of the Armed Forces as the Secretary considers appropriate.
(2)
Commencement
The provision of training developed under subsection (a) shall commence not later than one year after the date of the enactment of this Act.
542.
Additional elements with 2021 certifications on the Ready, Relevant Learning initiative of the Navy
(a)
Additional elements
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 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
The life cycle sustainment plan required by subsection (a)(1) shall include a description of the approved life cycle sustainment plan for the Ready, Relevant Learning initiative, including with respect to 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) Governance, including the acquisition and program management structure.
(14) 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 (ERAT) and Combat Systems Readiness Assessment Teams (CSRAT) to conduct unit-level training and assistance in each capacity as follows:
(A) To augment non-Ready, Relevant Learning initiative training.
(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.
543.
Report on standardization and potential merger of law enforcement training for military and civilian personnel across the Department of Defense
(a)
Report required
Not later than June 8, 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 standardization and potential merger of law enforcement training for military and civilian personnel across the Department of Defense, including training of military or civilian personnel of the Department designated in accordance with section 2762 of title 10, United States Code, to protect buildings, grounds, and property under the jurisdiction, custody, or control of the Department and the persons on such property.
(b)
Elements
In developing the report required by subsection (a), the Secretary shall do, and include in the report the results of, the following:
(1) Identify and assess current law enforcement training courses, schools, and programs of the Armed Forces that have the flexibility and capacity to support the training referred to in subsection (a) through common training standards.
(2) Identify and assess current Department law enforcement training courses, schools, and programs that are affiliated with or accredited by third parties (including both governmental and private entities), including an assessment of the value derived from such affiliation or accreditation to the training referred to in subsection (a).
(3) Identify emerging law enforcement training requirements that are common among the Armed Forces and other Department law enforcement components and are currently unmet by the Armed Forces or such components.
(4) Assess the feasibility, advisability, and suitability of incorporating standardized and merged field and operational training in military law enforcement mission areas, including area security operations, law and order operations, internment and resettlement operations, and police intelligence operations, in the training provided to all Armed Forces and other Department law enforcement components.
(5) Identify and assess Department courses, programs, or institutions with the capability to support law enforcement training or information sharing between Department military and civilian law enforcement components and State, county, and local law enforcement agencies, with the capability to support law enforcement components of the National Guard and other reserve components of the Armed Forces, or with both such capabilities.
(6) Assess the feasibility, advisability, and suitability of standardizing and merging the training referred to in subsection (a) across the Department, including an assessment of the costs of such standardization and merger.
(7) Any other matters the Secretary considers appropriate.
544.
Quarterly reports on implementation of recommendations of the Comprehensive Review of Special Operations Forces Culture and Ethics
(a)
Quarterly reports required
Not later than March 1, 2021, and every 90 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:
(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.
545.
Information on nominations and applications for military service academies
(a)
Report on congressional nominations portal
(1)
In general
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall, in consultation with the Superintendents of the military service academies, submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth an assessment of the feasibility and advisability of a uniform online portal for all military service academies that enables Members of Congress to nominate individuals for appointment to each academy through a secure website.
(2)
Information collection and reporting
For purposes of preparing the report required by paragraph (1), the Secretary shall treat the online portal described in that paragraph as permitting the collection, from each Member of Congress, of the demographic information described in subsection (b) for each individual nominated by the Member.
(3)
Availability of information
For purposes of preparing the report, the Secretary shall treat the online portal as permitting Members of Congress and their designees to view past nomination records for all application cycles.
(4)
Matters in connection with establishment of portal
If the Secretary determines that the online portal is feasible and advisable, the report shall include—
(A) a comprehensive description of the online portal; and
(B) such recommendations for legislative and administrative action as the Secretary considers appropriate to establish and maintain the online portal.
(b)
Standard classifications for collection of demographic data
(1)
Standards required
The Secretary of Defense shall, in consultation with the Superintendents of the military service academies, establish standard classifications that cadets, midshipmen, and applicants to the academies may use to self-identify gender, race, and ethnicity and to provide other demographic information in connection with admission to or enrollment in an academy.
(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 one year 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)
Military service academy defined
In this section, the term military service academy means—
(1) the United States Military Academy;
(2) the United States Naval Academy; and
(3) the United States Air Force Academy.
546.
Pilot programs in connection with Senior Reserve Officers' Training Corps units at Historically Black Colleges and Universities and minority institutions
(a)
Pilot programs authorized
The Secretary of Defense may carry out either or both of the 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 military installations.
(2) 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 at covered institutions for participation in flight training.
(b)
Duration
The duration of each pilot program under subsection (a) may not exceed five years.
(c)
Pilot program on partnerships between satellite or extension SROTC units and military installations
(1)
Participating institutions
The Secretary of Defense shall carry out the pilot program authorized 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 authorized by 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 authorized by subsection (a)(1), the Secretary shall give preference to covered institutions that are located within 20 miles of a military installation of the same Armed Force as the host unit of the Senior Reserve Officers' Training Corp of the covered institution concerned.
(4)
Partnership activities
The activities conducted under the pilot program authorized by subsection (a)(1) between a satellite or extension Senior Reserve Officers' Training Corps unit and the 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 members for flight training
(1)
Eligibility for participation by SROTC members
A member of a Senior Reserve Officers' Training Corps unit at a covered institution may participate in the pilot program authorized by subsection (a)(2) if the member meets such academic requirements at the covered institution, and such other requirements, as the Secretary 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 authorized by subsection (a)(2), the Secretary 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 may provide any member of a Senior Reserve Officers' Training Corps who participates in the pilot program authorized by 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.
(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 under subsection (a)(1), a description of the partnerships between satellite or extension Senior Reserve Officers' Training Corps units and military installations under the pilot program.
(B) In the case of the pilot program under subsection (a)(2), the following:
(i) The number of members of Senior Reserve Officers' Training Corps units at covered institutions selected 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.
(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 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.
(F) Any other certificate, rating, or pilot privilege the Secretary considers appropriate for purposes of this section.
(3) The term military installation means an installation of the Department of Defense for the regular components of the Armed Forces.
547.
Expansion of Junior Reserve Officers’ Training Corps Program
(a)
Expansion of JROTC curriculum
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).
(b)
Plan to increase number of JROTC units
The Secretary of Defense shall, in consultation with the Secretaries of the military departments, develop and implement a plan to establish and support not fewer than 6,000 units of the Junior Reserve Officers’ Training Corps by September 30, 2031.
548.
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.
F
Decorations and Awards
551.
Award or presentation of decorations favorably recommended following determination on merits of proposals for decorations not previously submitted in a timely fashion
(a)
Award or presentation authorized
Section 1130 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)
(1) A decoration may be awarded or presented following the submission of a favorable recommendation for the award or presentation of the decoration under subsection (b).
(2) An award or presentation of a decoration under paragraph (1) may not occur before the end of the 60-day period beginning on the date of the submission under subsection (b) of the favorable recommendation regarding the award or presentation of the decoration.
(3) The authority to make an award or presentation of a decoration under this subsection shall apply notwithstanding any limitation described in subsection (a).
.
(b)
Conforming and clerical amendments
(1)
Section heading
The heading of section 1130 of such title is amended to read as follows:
1130.
Consideration of proposals for decorations not previously submitted in timely fashion: procedures for review and award or presentation
.
(2)
Table of sections
The table of sections at the beginning of chapter 57 of such title is amended by striking the item relating to section 1130 and inserting the following new item:
1130. Consideration of proposals for decorations not previously submitted in timely fashion: procedures for review and award or presentation.
.
552.
Honorary promotion matters
(a)
Honorary promotions on initiative of DoD
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.
(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 DoD initiative
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.
(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.
.
G
Defense Dependents' Education and Military Family Readiness Matters
I
Defense Dependents' Education Matters
561.
Continuation of authority to assist local educational agencies that benefit dependents of members of the Armed Forces and Department of Defense civilian employees
(a)
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).
(b)
Local educational agency defined
In this section, 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)).
562.
Impact aid for children with severe disabilities
(a)
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).
(b)
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 Defense to make payments to local educational agencies determined by the Secretary to have higher concentrations of military children with severe disabilities.
(c)
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.
563.
Staffing of Department of Defense Education Activity schools to maintain maximum student-to-teacher ratios
(a)
In general
The Department of Defense Education Activity (DoDEA) shall staff elementary and secondary schools operated by the Activity so as to maintain, to the extent practicable, student-to-teacher ratios that do not exceed the maximum student-to-teacher ratios specified in subsection (b).
(b)
Maximum student-to-teacher ratios
The maximum student-to-teacher ratios specified in this subsection are the following:
(1) For each of grades kindergarten through 3, a ratio of 18 students to 1 teacher (18:1).
(2) For each of grades 4 through 12, a ratio equal to the average student-to-teacher ratio for such grade among all Department of Defense Education Activity schools during the 2019-2020 academic year.
(c)
Sunset
The requirement to staff schools in accordance with subsection (a) shall expire at the end of the 2023-2024 academic year of the Department of Defense Education Activity.
564.
Matters in connection with free appropriate public education for dependents of members of the Armed Forces with special needs
(a)
Information on disputes regarding receipt of free appropriate public education by special needs dependents
(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 pursuant to 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 (EFMP) of the Department of Defense.
(B) Reports of members of the Armed Forces concerned to installation or other military leadership.
(C) Such other sources as the Secretary of the military department concerned considers appropriate.
(4)
Annual reports
Each Secretary of a military department shall submit each year to the Office of Special Needs of the Department of Defense a report on the information collected by such Secretary pursuant to this subsection during the preceding year.
(b)
Comptroller General of the United States study
(1)
In general
The Comptroller General of the United States shall conduct a study on the following:
(A) The consequences for a State or local educational agency of a finding of failure to provide a free appropriate public education to a military dependent.
(B) The manner in which local educational agencies with military families use the following:
(i) Funds received under section 7003(d) of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 7703(d)).
(ii) Funds authorized to be appropriated by annual national defense authorization Acts and made available for impact aid for child with severe disabilities under section 363 of the Floyd D. Spence National Defense Authorization Act for Fiscal Year 2001 (20 U.S.C. 7703a).
(iii) Funds authorized to be appropriated by annual national defense authorization Acts and made available for assistance to schools with significant number of military dependent students under subsection (a) of section 572 of the National Defense Authorization Act for Fiscal Year 2006 (20 U.S.C. 7703b).
(C) The efficacy of attorney and other legal support for military families in special education disputes.
(D) The standardization of policies and guidance for School Liaison Officers between the Office of Special Needs of the Department of Defense and the military departments, and the efficacy of such policies and guidance.
(E) The improvements of 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 entitled DOD Should Improve Its Oversight of the Exceptional Family Member Program, GAO–18–348.
(2)
Recommendations
In conducting the study, the Comptroller General shall develop recommendations on the following:
(A) Improvements and enhancements to oversight and enforcement of compliance by local educational agencies with requirements for the provision of a free appropriate public education to military dependents 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 dependents with special needs.
(3)
Deadline for completion
The Comptroller General shall complete the study by not later than March 31, 2021.
(4)
Briefing and report
Upon completion of the study, the Comptroller General shall brief the Committees on Armed Services of the Senate and the House of Representatives on the results of the study, and shall submit to such committees a report on such results.
(c)
Definitions
In this section:
(1) The term free appropriate public education includes appropriate special education and related services required under the Individuals with Disabilities Education Act (20 U.S.C. 1400 et seq.)
(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 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).
565.
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 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.
566.
Pilot program on expansion of eligibility for enrollment at domestic dependent elementary and secondary schools
(a)
Pilot program required
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 Secretary shall select military installations for participation in the pilot 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.
567.
Comptroller General of the United States report on the structural condition of Department of Defense Education Activity schools
(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 congressional defense committees a report setting forth an assessment by the Comptroller General of the structural condition of schools of the Department of Defense Education Activity, both within the continental United States (CONUS) and outside the continental United States (OCONUS).
(b)
Virtual schools
The report shall include an assessment of the virtual infrastructure or other means by which students attend Department of Defense Education Activity schools that have no physical structure, including the satisfaction of the military families concerned with such infrastructure or other means.
II
Military Family Readiness Matters
571.
Responsibility for allocation of certain funds for military child development programs
Section 1791 of title 10, United States Code, is amended—
(1) by inserting (a) Policy.— before 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.
.
572.
Improvements to Exceptional Family Member Program
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.
(D) Protection from having a medical recommendation for an approved assignment overriden 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.
(F) 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.
; and
(C) in paragraph (4), by adding at the end the following new subparagraphs:
(H) Procedures to right-size the Department's Exceptional Family Member Program to ensure efficient and effective enrollment, for sufficient staffing dedicated to providing family support services, to include comprehensive training, education and outreach services, and sufficient oversight and administrative support for effective program operation.
(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 per military service.
;
(4) by redesignating subsections (f), (g), and (h) as subsections (g), (h), and (i), respectively; and
(5) by inserting after subsection (e) the following new subsection:
(f)
Metrics
The Secretary of Defense shall implement performance metrics for measuring, across the Department and with respect to each military department, the following:
(1) 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.
(2) The reassignment of military families with special needs, including how often members request reassignments, for what reasons, and from what military installations.
(3) The level of satisfaction of military families with special needs with the family and medical support they are provided.
.
573.
Procedures of the Office of Special Needs for the development of individualized services plans for military families with special needs
Section 1781c(d)(4) of title 10, United States Code, as amended by section 572(3)(C) of this Act, is further amended—
(1) 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);
(2) by redesignating subparagraphs (G), (H), and (I) as subparagraph (H), (I), and (J), respectively; and
(3) by inserting after subparagraph (F) the following new paragraph (G):
(G) 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.
.
574.
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 armed forces 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.
.
(b)
Repeal of superseded authority
Section 476 of such title is amended by striking subsection (p).
575.
Improvements to Department of Defense tracking of and response to incidents of child abuse 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 child abuse involving dependents of members of the Armed Forces that occur on military installations (in this section referred to as covered incidents of child abuse).
(2)
Child abuse
For purposes of this section, child abuse includes any abuse of a child, including sexual abuse, emotional abuse, and neglect.
(b)
Data collection and tracking of incidents of child abuse
(1)
Tracking of non-caregiver abuse
The Secretary of Defense shall establish a process for the Department of Defense Family Advocacy Program to track reported covered incidents of child abuse in which the alleged offender 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 of Defense in reported covered incidents of child abuse in which the alleged offender is a parent, guardian, or someone in a caregiving role at the time of the incident.
(2)
Centralized database for tracking of incidents
(A)
In general
The Secretary shall develop and maintain in the Department of Defense a centralized database to track information across the Department on all covered incidents of child abuse that are reported to the Family Advocacy Program or investigated by a military criminal investigation organization, regardless of whether the 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 Family Advocacy Program whether such incident meets the criteria of the Department for treatment as an incident of child abuse.
(ii) The results of any investigation of such incident by a military criminal investigation 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 shall be reported on an annual basis as part of the annual reports from the Family Advocacy Program 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 Education Activity guidance
The Department of Defense Education Activity (DoDEA) shall issue clarifications of its guidance on the incidents of child-on-child abuse that qualify as serious incidents for purposes of requirements for the reporting of such serious incidents by school administrators to Activity leadership.
(c)
Response procedures
(1)
Incident Determination Committee membership
The Department of Defense Family Advocacy Program shall ensure that the voting membership of each Incident Determination Committee on a military installation includes medical personnel with the requisite knowledge and expertise to determine whether a reported covered incident of abuse meets the criteria of the Department of Defense for treatment as child abuse.
(2)
Screening reported incidents of child abuse
(A)
Development of standardized process
The Department of Defense Family Advocacy Program shall develop a standardized process by which the Family Advocacy Programs of the military departments screen reported covered incidents of child abuse 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 covered incidents of child abuse are screened by each installation under the jurisdiction of such Secretary in order to ensure that such screening 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 investigation organizations under the jurisdiction of such Secretary document in their respective databases the date on which they notified the other of a reported covered incident of child abuse.
(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 investigation organizations of such military department, to 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 Under Secretary of Defense for Personnel and Readiness 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 Under 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, in consultation with the Secretaries of the military departments, 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 families affected by child abuse
(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 this jurisdiction of such Secretary who are affected by child abuse.
(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 investigation 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.
(C)
Distribution
A resource guide under this paragraph shall be presented to a military family by an installation Family Advocacy Program and military criminal investigation personnel at the time a covered incident of child abuse 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.
(d)
Coordination and collaboration with non-military resources
(1)
Coordination 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 child abuse off a military installation; and
(B) increase efforts at information sharing between the Department and the States on such incidents of child abuse, 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 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 investigation 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 local children’s advocacy center with respect to child abuse on such installations.
576.
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 subsections:
(c)
Liberal issuance of hardship waivers
The regulations prescribed pursuant to subsection (a) shall require that installation commanders issue waivers of fees otherwise established under the regulations for inability to pay (commonly referred to as hardship waivers) on a liberal basis in a manner consistent (as specified by the Secretary in such regulations) with ensuring that fees collected pursuant to subsection (a) meet the operating expenses of the child development centers concerned.
(d)
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) shall 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)
Child care fee assistance programs throughout the Armed Forces
(1)
Programs authorized
Each Secretary of a military department may carry out a program for each Armed Force under the jurisdiction of such Secretary under which a member of the Armed Forces who is obtaining child care services from a civilian child care services provider located off a military installation is paid (subject to any limitation established by such Secretary) a monthly amount equal to the amount, if any, by which—
(A) the monthly amount charged by such provider for such services; exceeds
(B) the monthly amount the military department concerned pays or otherwise provides members at such installation for child care services on such installation.
(2)
Model
Any program carried out pursuant to paragraph (1) shall be modeled after the Army Fee Assistance Program, and incorporate such modifications to that Program as the Secretary of the military department concerned considers appropriate.
(3)
Secretary of Defense approval
Any program of an Armed Force under paragraph (1) shall be subject to the approval of the Secretary of Defense.
(c)
Additional actions To obtain qualified child care employees
(1)
In general
Section 1792 of title 10, United States Code, is amended—
(A) by redesignating subsection (d) as subsection (e); and
(B) by inserting after subsection (c) the following new subsection (d):
(d)
Additional actions To obtain qualified employees
Each Secretary of a military department may, with the approval of the Secretary of Defense, take actions in addition to actions authorized by subsection (c) to provide military child development centers under the jurisdiction of such Secretary with a qualified and stable civilian workforce, including actions as follows:
(1) Enhanced marketing and recruitment for employment.
(2) Provision to employees of education-related benefits, including tuition assistance and student loan repayment programs.
(3) Availability and enhancement of wellness and physical fitness programs for employees.
(4) Provision of such other competitive benefits as the Secretary of the military department and the Secretary of Defense jointly consider appropriate.
.
(2)
Reports on installations with extreme imbalance between demand for and availability of child care
Not 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:
(A) 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.
(B) For each installation named pursuant to subparagraph (A), the following:
(i) 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.
(ii) A description and assessment of various incentives to encourage military spouses to become providers under the Family Child Care program at such installation.
(iii) 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.
577.
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).
.
H
Other Matters
586.
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 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 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).
587.
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
(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.
.
588.
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 October 1, 2020, 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).
.
589.
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)—
(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.
590.
Pilot programs on remote provision by National Guard to State governments and National Guards of other States of cybersecurity technical assistance in training, preparation, and response to cyber incidents
(a)
Pilot programs authorized
The Secretary of the Army and the Secretary of the Air Force may each, in consultation with the Chief of the National Guard Bureau, conduct a pilot program to assess the feasibility and advisability of the development of a capability within the National Guard through which a National Guard of a State remotely provides State governments and National Guards of other States (whether or not in the same Armed Force as the providing National Guard) with cybersecurity technical assistance in training, preparation, and response to cyber incidents. If such Secretary elects to conduct such a pilot program, such Secretary shall be known as an administering Secretary for purposes of this section, and any reference in this section to the pilot program shall be treated as a reference to the pilot program conducted by such Secretary.
(b)
Assessment prior to commencement
For purposes of evaluating existing platforms, technologies, and capabilities under subsection (c), and for establishing eligibility and participation requirements under subsection (d), for purposes of the pilot program, an administering Secretary, in consultation with the Chief of the National Guard Bureau, shall, prior to commencing the pilot program—
(1) conduct an assessment of—
(A) existing cyber response capacities of the Army National Guard or Air National Guard, as applicable, in each State; and
(B) any existing platform, technology, or capability of a National Guard that provides the capability described in subsection (a); and
(2) determine whether a platform, technology, or capability described in paragraph (1)(B) is suitable for expansion for purposes of the pilot program.
(c)
Elements
A pilot program under subsection (a) shall include the following:
(1) A technical capability that enables the National Guard of a State to remotely provide cybersecurity technical assistance to State governments and National Guards of other States, without the need to deploy outside its home State.
(2) Policies, processes, procedures, and authorities for use of such a capability, including with respect to the following:
(A) The roles and responsibilities of both requesting and deploying State governments and National Guards with respect to such technical assistance, taking into account the matters specified in subsection (f).
(B) Necessary updates to the Defense Cyber Incident Coordinating Procedure, or any other applicable Department of Defense instruction, for purposes of implementing the capability.
(C) Program management and governance structures for deployment and maintenance of the capability.
(D) Security when performing remote support, including such in matters such as authentication and remote sensing.
(3) The conduct, in coordination with the Chief of the National Guard Bureau and the Secretary of Homeland Security and in consultation with the Director of the Federal Bureau of Investigation, other Federal agencies, and appropriate non-Federal entities, of at least one exercise to demonstrate the capability, which exercise shall include the following:
(A) Participation of not fewer than two State governments and their National Guards.
(B) Circumstances designed to test and validate the policies, processes, procedures, and authorities developed pursuant to paragraph (2).
(C) An after action review of the exercise.
(d)
Use of existing technology
An administering Secretary may use an existing platform, technology, or capability to provide the capability described in subsection (a) under the pilot program.
(e)
Eligibility and participation requirements
An administering Secretary shall, in consultation with the Chief of the National Guard Bureau, establish requirements with respect to eligibility and participation of State governments and their National Guards in the pilot program.
(f)
Construction with certain current authorities
(1)
Command authorities
Nothing in a pilot program under subsection (a) may be construed as affecting or altering the command authorities otherwise applicable to any unit of the National Guard unit participating in the pilot program.
(2)
Emergency management assistance compact
Nothing in a pilot program may be construed as affecting or altering any current agreement under the Emergency Management Assistance Compact, or any other State agreements, or as determinative of the future content of any such agreement.
(g)
Evaluation metrics
An administering Secretary shall, in consultation with the Chief of the National Guard Bureau and the Secretary of Homeland Security, establish metrics to evaluate the effectiveness of the pilot program.
(h)
Term
A pilot program under subsection (a) shall terminate on the date that is three years after the date of the commencement of the pilot program.
(i)
Reports
(1)
Initial report
Not later than 180 days after the date of the commencement of the pilot program, the administering Secretary shall submit to the appropriate committees of Congress a report setting forth a description of the pilot program and such other matters in connection with the pilot program as the Secretary considers appropriate.
(2)
Final report
Not later than 180 days after the termination of the pilot program, the administering Secretary shall submit to the appropriate committees of Congress a report on the pilot program. The report shall include the following:
(A) A description of the pilot program, including any partnerships entered into by the Chief of the National Guard Bureau under the pilot program.
(B) A summary of the assessment performed prior to the commencement of the pilot program in accordance with subsection (b).
(C) A summary of the evaluation metrics established in accordance with subsection (g).
(D) An assessment of the effectiveness of the pilot program, and of the capability described in subsection (a) under the pilot program.
(E) A description of costs associated with the implementation and conduct of the pilot program.
(F) A recommendation as to the termination or extension of the pilot program, or the making of the pilot program permanent with an expansion nationwide.
(G) An estimate of the costs of making the pilot program permanent and expanding it nationwide in accordance with the recommendation in subparagraph (F).
(H) Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the pilot program.
(3)
Appropriate committees of Congress defined
In this subsection, the term appropriate committees of Congress means—
(A) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(B) the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives.
(j)
State defined
In this section, the term State means each of the several States, the District of Columbia, the Commonwealth of Puerto Rico, American Samoa, Guam, the United States Virgin Islands, and the Commonwealth of the Northern Mariana Islands.
591.
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; and
(B) the performance of the detail by members of other Armed Forces is requested by the family of the deceased.
(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 description in detail the authorities and requirements for the implementation of the plan, including administrative, logistical, coordination, and funding authorities and requirements.
592.
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 (MOS) of the Army, such as medical personnel.
VI
Compensation and Other Personnel Benefits
A
Pay and Allowances
601.
Reorganization of certain allowances other than travel and transportation allowances
(a)
Per diem for duty outside the continental United States
(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).
(3)
Retitling of authority
The heading of section 405 of title 37, United States Code, as so added, is amended to read as follows:
405.
Per diem while on duty outside the continental United States
.
(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 such title 37, United States Code, is amended—
(A) by inserting after the item relating to section 403b the following new item:
405. 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 such title is amended by striking the items relating to sections 475 and 495.
602.
Hazardous duty pay for members of the Armed Forces performing duty in response to the Coronavirus Disease 2019
(a)
In general
The Secretary of the military department concerned shall pay hazardous duty pay under this section to a member of a regular or reserve component of the Armed Forces who—
(1) performs duty in response to the Coronavirus Disease 2019 (COVID–19); and
(2) is entitled to basic pay under section 204 of title 37, United States Code, or compensation under section 206 of such title, for the performance of such duty.
(b)
Regulations
Hazardous duty pay shall be payable under this section in accordance with regulations prescribed by the Secretary of Defense. Such regulations shall specify the duty in response to the Coronavirus Disease 2019 qualifying a member for payment of such pay under this section.
(c)
Amount
The amount of hazardous duty pay paid a member under this section shall be such amount per month, not less than $150 per month, as the Secretary of Defense shall specify in the regulations under subsection (b).
(d)
Monthly payment; no proration
(1)
Monthly payment
Hazardous duty pay under this section shall be paid on a monthly basis.
(2)
No proration
Hazardous duty pay is payable to a member under this section for a month if the member performs any duty in that month qualifying the person for payment of such pay.
(e)
Months for which payable
Hazardous duty pay is payable under this section for qualifying duty performed in months occurring during the period—
(1) beginning on January 1, 2020; and
(2) ending on December 31, 2020.
(f)
Construction with other pay
Hazardous duty pay payable to a member under this section is in addition to the following:
(1) Any other pay and allowances to which the member is entitled by law.
(2) Any other hazardous duty pay to which the member is entitled under section 351 of title 37, United States Code (or any other provision of law), for duty that also constitutes qualifying duty for payment of such pay under this section.
(g)
Sense of Senate
It is the sense of the Senate that the Secretary of Defense should also authorize hazardous duty pay for members of the Armed Forces not under orders specific to the response to the Coronavirus Disease 2019 who provide—
(1) healthcare in a military medical treatment facility for individuals infected with the Coronavirus Disease 2019; or
(2) technical or administrative support for the provision of healthcare as described in paragraph (1).
B
Bonuses and Special and Incentive Pays
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.
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.
(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 take effect on October 1, 2020, and 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 that date.
C
Disability Pay, Retired Pay, and Survivor Benefits
621.
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).
622.
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,;
(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.
D
Other Matters
631.
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)
Exclusion of certain shipyard employees
Such section is further amended by inserting after subsection (a) the following new subsection (b):
(b)
Exclusion of certain shipyard employees
In carrying out a Government lodging program under the authority in 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 purpose or mission of such travel would be adversely affected by the requirements of the program.
.
(c)
Conforming amendment
The heading of such section is amended to read as follows:
914.
Government lodging program
.
632.
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
(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.
.
VII
Health care provisions
A
TRICARE and other health care benefits
701.
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,.
702.
Removal of Christian Science providers as authorized providers under the TRICARE program
(a)
Repeal
Subsection (a) of section 1079 of title 10, United States Code, is amended by striking paragraph (4).
(b)
Conforming amendment
Paragraph (12) of such subsection is amended, in the first sentence, by striking , except as authorized in paragraph (4).
703.
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
Under the procedures implemented under subsection (a), a military medical treatment facility may waive a fee charged under such procedures to a civilian who is not a covered beneficiary if—
(1) after insurance payments, if any, the civilian is not able to pay for the trauma or other medical care provided to the civilian; and
(2) the provision of such care enhanced the medical readiness of the health care provider or health care providers furnishing such care.
.
704.
Mental health resources for members of the Armed Forces and their dependents during the COVID–19 pandemic
(a)
Plan
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall develop a plan to protect and promote the mental health and well-being of members of the Armed Forces and their dependents, which shall include the following:
(1) A strategy to combat existing stigma surrounding mental health conditions that might deter such individuals from seeking care.
(2) Guidance to commanding officers at all levels on the mental health ramifications of the COVID–19 crisis.
(3) Additional training and support for mental health care professionals of the Department of Defense on supporting individuals who are concerned for the health of themselves and their family members, or grieving the loss of loved ones due to COVID–19.
(4) A strategy to leverage telemedicine to ensure safe access to mental health services.
(b)
Outreach
The Secretary of Defense shall conduct outreach to the military community to identify resources and health care services, including mental health care services, available under the TRICARE program to support members of the Armed Forces and their dependents.
(c)
Definitions
In this section, the terms dependent and TRICARE program have the meanings given those terms in section 1072 of such title.
705.
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.
706.
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 the conduct of 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 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 in order 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)
Survey
(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 support or lactation consultants.
(2)
Matters covered by the survey
The survey administered under paragraph (1) shall include an identification of the following:
(A) The race, ethnicity, age, sex, relationship status, military service, 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 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 Senate and the House of Representatives a plan to implement the demonstration project.
(2)
Annual report
(A)
In general
Not later than one year after the commencement of the demonstration project, and annually thereafter for the duration of the demonstration project, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives 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 (f).
(iv) The cost of the demonstration project.
(v) An assessment of the quality of care provided to participants in the demonstration project.
(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 termination of the demonstration project.
(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 and lactation consultants through public notice and comment rulemaking for purposes of including doulas and lactation consultations 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)
Extramedical maternal health provider
The term extramedical maternal health provider means a doula or lactation consultant.
(2)
Covered beneficiary; TRICARE program
The terms covered beneficiary and TRICARE program have the meanings given those terms in section 1072 of title 10, United States Code.
707.
Pilot program on receipt of non-generic prescription maintenance medications under TRICARE pharmacy benefits program
(a)
Requirement
The Secretary of Defense shall carry out a pilot program under which eligible covered beneficiaries may elect to receive non-generic prescription maintenance medications selected under subsection (c) through military treatment facility pharmacies, retail pharmacies, or the national mail-order pharmacy program, notwithstanding section 1074g(a)(9) of title 10, United States Code.
(b)
Duration
The Secretary shall carry out the pilot program for a three-year period beginning not later than March 1, 2021.
(c)
Selection of medication
The Secretary shall select non-generic prescription maintenance medications described in section 1074g(a)(9)(C)(i) of title 10, United States Code, to be covered by the pilot program.
(d)
Use of voluntary rebates
(1)
Requirement
In carrying out the pilot program, the Secretary shall seek to renew and modify contracts described in paragraph (2) in a manner that—
(A) includes for purposes of the pilot program retail pharmacies as a point of sale for the non-generic prescription maintenance medication covered by the contract; and
(B) provides the manufacturer with the option to provide voluntary rebates for such medications at retail pharmacies.
(2)
Contracts described
The contracts described in this paragraph are contracts for the procurement of non-generic prescription maintenance medications selected under subsection (c) that are eligible for renewal during the period in which the pilot program is carried out.
(e)
Notification
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.
(f)
Briefing and reports
(1)
Briefing
Not later than 90 days after the date of the enactment of this Act, the Secretary shall brief the congressional defense committees on the implementation of the pilot program.
(2)
Interim report
Not later than 18 months after the commencement of the pilot program, the Secretary shall submit to the congressional defense committees a report on the pilot program.
(3)
Comptroller General report
(A)
In general
Not later than March 1, 2024, the Comptroller General of the United States shall submit to the congressional defense committees a report on the pilot program.
(B)
Elements
The report required by 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 treatment facility pharmacies and the national mail-order pharmacy program.
(iii) The amount of cost savings realized by the pilot program, including with respect to—
(I) dispensing fees incurred at retail pharmacies compared to the national mail-order pharmacy program for brand name prescription drugs;
(II) administrative fees;
(III) any costs paid by the United States for the drugs in addition to the procurement costs;
(IV) the use of military treatment facilities; and
(V) copayments paid by eligible covered beneficiaries.
(iv) A comparison of supplemental rebates between retail pharmacies and other points of sale.
(g)
Rule of construction
Nothing in this section may be construed to affect 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.
(h)
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 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.
B
Health care administration
721.
Modifications to transfer of Army Medical Research and Development Command and public health commands to Defense Health Agency
(a)
Delay of transfer
(1)
In general
Section 1073c(e) of title 10, United States Code, is amended, in the matter preceding paragraph (1), by striking September 30, 2022 and inserting September 30, 2024.
(2)
Conforming amendments
Section 737 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended, in subsections (a) and (c), by striking September 30, 2022 and inserting September 30, 2024 each place it appears.
(b)
Modification To resources preserved
Such section 737 is amended—
(1) in the section heading, by striking resources and inserting infrastructure and personnel; and
(2) in subsection (a)—
(A) by striking resources and inserting infrastructure and personnel; and
(B) by striking , which shall include manpower and funding, at not less than the level of such resources.
(c)
Elimination of transfer of funds
Such section 737 is further amended by—
(1) striking subsection (b); and
(2) redesignating subsection (c) as subsection (b).
(d)
Change of name of Command
(1)
Delay of transfer
Section 1073c(e)(1)(B) of title 10, United States Code, is amended by striking Materiel and inserting Development.
(2)
Preservation of infrastructure and personnel
Section 737 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended—
(A) in the section heading, by striking Materiel and inserting Development; and
(B) by striking Materiel each place it appears and inserting Development.
(e)
Clerical amendment
The table of contents for the National Defense Authorization Act for Fiscal Year 2020 is amended by striking the item relating to section 737 and inserting the following new item:
Sec. 737. Preservation of infrastructure and personnel of the Army Medical Research and Development Command and continuation as Center of Excellence.
.
722.
Delay of applicability of administration of TRICARE dental plans through Federal Employees Dental and Vision Insurance Program
Section 713(c) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 5 U.S.C. 8951 note) is amended by striking January 1, 2022 and inserting January 1, 2023.
723.
Authority of Secretary of Defense to waive requirements during national emergencies for purposes of provision of health care
(a)
In general
Chapter 55 of title 10, United States Code, is amended by inserting after section 1073d the following new section:
1073e.
Authority to waive requirements during national emergencies
(a)
Purpose
The purpose of this section is to enable the Secretary of Defense to ensure, to the maximum extent feasible, in an emergency area during an emergency period—
(1) that sufficient authorized health care items and services are available to meet the needs of covered beneficiaries in such area eligible for the programs under this chapter; and
(2) that private sector health care providers authorized under the TRICARE program that furnish such authorized items and services in good faith may be reimbursed for such items and services absent any determination of fraud or abuse.
(b)
Authority
(1)
In general
To the extent necessary to accomplish the purpose specified in subsection (a), the Secretary, subject to the provisions of this section, may, for a period of 60 days, waive or modify the application of the requirements of this chapter or any regulation prescribed thereunder with respect to health care items and services furnished by a health care provider (or class of health care providers) in an emergency area (or portion of such area) during an emergency period (or portion of such period), including by deferring the termination of status of a covered beneficiary.
(2)
Renewal
The Secretary may renew a waiver or modification under paragraph (1) for subsequent 60-day periods during the duration of the applicable emergency declaration.
(c)
Implementation
The Secretary may implement any temporary waiver or modification made pursuant to this section by program instruction or otherwise.
(d)
Retroactive application
A waiver or modification made pursuant to this section with respect to an emergency period may, at the discretion of the Secretary, be made retroactive to the beginning of the emergency period or any subsequent date in such period specified by the Secretary.
(e)
Satisfaction of preconditions for status as covered beneficiary
A deferral under subsection (b) of termination of status of a covered beneficiary may be contingent upon retroactive satisfaction by such beneficiary of any premium or enrollment fee payments or other preconditions for such status.
(f)
Certification
(1)
In general
Not later than two days before exercising a waiver or modification under subsection (b)(1) or renewing a waiver or modification under subsection (b)(2), the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a certification and advance written notice regarding the authority to be exercised.
(2)
Matters included
Certification and advanced written notice required under paragraph (1) shall include—
(A) a description of—
(i) the specific provisions of law that will be waived or modified;
(ii) the health care providers to whom the waiver or modification will apply;
(iii) the geographic area in which the waiver or modification will apply; and
(iv) the period of time for which the waiver or modification will be in effect; and
(B) a certification that the waiver or modification is necessary to carry out the purpose specified in subsection (a).
(g)
Termination of waiver
A waiver or modification of requirements pursuant to this section terminates upon the termination of the applicable emergency declaration.
(h)
Report
Not later than one year after the end of an emergency period during which the Secretary exercised the authority under this section, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the approaches used to accomplish the purpose described in subsection (a), including an evaluation of such approaches and recommendations for improved approaches should the need for the exercise of such authority arise in the future.
(i)
Definitions
In this section:
(1)
Emergency area
The term emergency area means a geographical area covered by an emergency declaration.
(2)
Emergency declaration
The term emergency declaration means—
(A) an emergency or disaster declared by the President pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.) or the Robert T. Stafford Disaster Relief and Emergency Assistance Act (42 U.S.C. 5121 et seq.); or
(B) a public health emergency declared pursuant to section 319 of the Public Health Service Act (42 U.S.C. 247d).
(3)
Emergency period
The term emergency period means the period covered by an emergency declaration.
.
(b)
Clerical amendment
The table of sections at the beginning of chapter 55 of such title is amended by inserting after the item relating to section 1073d the following new item:
1073e. Authority to waive requirements during national emergencies.
.
C
Reports and other matters
741.
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), is further amended by striking September 30, 2021 and inserting September 30, 2022.
742.
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.
743.
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 maximum 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 potentially compensable 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 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 healthcare 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.
(d)
Military medical treatment facility defined
In this section, the term military medical treatment facility means any fixed facility or portion thereof of the Department of Defense that is outside of a deployed environment and used primarily for health care.
744.
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) 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; and
(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) 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 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 Health Agency for execution of the pilot program under subsection (a) and shall coordinate with the Chairman of the Joint Chiefs of Staff throughout the planning and duration of 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 locations 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 the earlier of the date that is 180 days after the date of the enactment of this Act or 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 each one-year period following selection of locations under subparagraph (A), 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 additional locations at which to carry out the pilot program until not fewer than five locations are selected in total.
(3)
Consideration and priority for locations
In selecting locations for the pilot program under subsection (a), the Secretary shall—
(A) consider—
(i) the proximity of the location to civilian or military transportation hubs, including airports, railways, interstate highways, or ports;
(ii) the ability of the location to accept a redistribution of casualties during times of war;
(iii) the ability of the location to provide trauma care training opportunities for medical personnel of the Department of Defense; and
(iv) 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;
(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; and
(B) give priority to 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 subparagraph (A)(ii) or other specializations determined important by the Secretary for purposes of the pilot program.
;
(3) by redesignating subsections (d) through (f) as subsections (e) through (g), respectively;
(4) in subsection (g), as redesignated by paragraph (3)—
(A) in paragraph (1)—
(i) in subparagraph (A), by striking the commencement of the pilot program under subsection (a) and inserting the initial selection of locations for the pilot program under subsection (d)(2)(A); and
(ii) in subparagraph (B)—
(I) in clause (ii), by striking subsection (d) and inserting subsection (e);
(II) in clause (iii), by striking subsection (e) and inserting subsection (f); and
(B) in paragraph (2)(B)(iv), by striking the authority for; and
(5) by adding at the end the following new subsection:
(h)
Institution of higher education defined
In this section, 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)).
.
745.
Study on force mix options and service models to enhance readiness of medical force of the Armed Forces to provide combat casualty care
(a)
Study required
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 perform a study on force mix options and service models (including traditional and nontraditional active and reserve models) to optimize the readiness of the medical force of the Armed Forces to deliver combat care on the battlefield.
(b)
Issues To be addressed
The study required by subsection (a) shall include, at a minimum—
(1) with respect to options relating to members of the Armed Forces on active duty—
(A) a review of existing models for such members who are medical professionals to support clinical readiness skills by serving in civilian trauma centers;
(B) an assessment of the extent to which existing models can be optimized, standardized, and scaled to address current readiness shortfalls; and
(C) an evaluation of the cost and effectiveness of alternative models for such members who are medical professionals to serve in civilian trauma centers; and
(2) with respect to options relating to members of the reserve components of the Armed Forces—
(A) a review of existing models for such members of the reserve components who are medical professionals to support clinical readiness skills by serving in civilian trauma centers;
(B) an assessment of the extent to which existing models can be optimized, standardized, and scaled to address current readiness shortfalls; and
(C) an evaluation of the cost and effectiveness of alternative models for such members of the reserve components who are medical professionals to serve in civilian trauma centers.
(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 of the independent study required by subsection (a).
746.
Comptroller General study on delivery of mental health services to members of the reserve components of the Armed Forces
(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 reserve components.
(b)
Elements
The study conducted under subsection (a) shall—
(1) identify all programs, coverage, and costs associated with services described in such subsection;
(2) specify gaps or barriers to access that could result in delayed or insufficient mental health care support to members of the reserve components.
(3) evaluate the mental health screening requirements for members of the reserve components immediately before, during, and after—
(A) Federal deployment under title 10, United States Code; or
(B) State deployment under title 32, United States Code; and
(4) provide recommendations when practicable to strengthen the reintegration of members of the reserve components, including an assessment of the effectiveness of making programming mandatory.
(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).
(d)
Reserve component defined
In this section, the term reserve component means a reserve component of the Armed Forces named in section 10101 of title 10, United States Code.
747.
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 members of the Armed Forces stationed at covered installations.
(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 members of the Armed Forces stationed at covered installations.
(2) Current suicide prevention programs of the Armed Forces and activities for members of the Armed Forces stationed at covered installations and their dependents, including programs provided by the Defense Health Program and the Office of Suicide Prevention.
(3) The integration of mental health screenings and suicide risk and prevention efforts for members of the Armed Forces stationed at covered installations 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 members of the Armed Forces stationed at covered installations and their dependents, including guidance and training to assist commanders in addressing incidents of attempted or completed suicide within their units.
(5) The standards regarding data collection for members of the Armed Forces stationed at covered installations and their dependents, including related factors such as domestic violence and child abuse.
(6) The means to ensure the protection of privacy of members of the Armed Forces stationed at covered installations and their dependents who seek or receive treatment related to suicide prevention.
(7) The availability of information from indigenous populations on suicide prevention for members of the Armed Forces stationed at covered installations 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 members of the Armed Forces stationed at covered installations 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 Senate and the House of Representatives on preliminary observations relating to the review conducted under subsection (a); and
(2) not later than March 1, 2022, submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of such review.
(d)
Covered installation defined
In this section, the term covered installation means a remote installation of the Department of Defense outside the contiguous United States.
748.
Audit of medical conditions of tenants in privatized military housing
(a)
In general
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 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.
(b)
Content of audit
The audit conducted under subsection (a) shall—
(1) determine the percentage of units of privatized military housing that 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; and
(3) determine the association, to the extent permitted by available scientific data, and provide quantifiable data on such association, between such adverse exposures and the occurrence of a medical condition in eligible individuals residing in unsafe or unhealthy housing units.
(c)
Conduct of audit
The Inspector General of the Department 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 of the Department shall use—
(1) de-identified data from electronic health records of the Department;
(2) records of claims under the TRICARE program (as defined in section 1072(7) of title 10, United States Code); and
(3) such other data as determined necessary by the Inspector General.
(e)
Submittal and public availability of report
Not later than one year after the commencement of the audit under subsection (a), the Inspector General of the Department 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); and
(2) publish such report on a publicly available internet website of the Department of Defense.
(f)
Definitions
In this section:
(1)
Eligible individual
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)
Privatized military housing
The term privatized military housing means military housing provided under subchapter IV of chapter 169 of title 10, United States Code.
(3)
Unsafe or unhealthy housing unit
The term unsafe or unhealthy housing unit means a unit of privatized military housing in which, at any given time, at least one of the following hazards is present:
(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 hazards as determined by the Inspector General of the Department.
749.
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 dependents of such members.
(2)
Elements
The study required under paragraph (1) shall include the following:
(A) An assessment of the extent to which beneficiaries under the TRICARE program, including members of the Armed Forces and dependents of such members, are diagnosed with prenatal or postpartum mental health conditions, including—
(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.
(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 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.
(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.
750.
Plan for evaluation of flexible spending account options for members of the uniformed services and their families
(a)
In general
Not later than March 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a plan to evaluate flexible spending account options that allow pre-tax payment of health and dental insurance premiums, out-of-pocket health care expenses, and dependent care expenses for members of the uniformed services and their family members, including an identification of any legislative or administrative barriers to achieving the implementation of such options.
(b)
Uniformed services defined
In this section, the term uniformed services has the meaning given that term in section 101 of title 37, United States Code.
751.
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 Department 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 completed 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 asset.
(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 Department of Defense;
(B) the amount of such debt still owed to the Department; and
(C) the amount of 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 Department 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.
(c)
Report
Not later than 180 days after the completion of the assessment under subsection (a), the Comptroller General shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report containing the results of the assessment.
(d)
Definitions
In this section:
(1)
Civilian
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)
Covered beneficiary
The term covered beneficiary has the meaning given that term in section 1072(5) of title 10, United States Code.
(3)
Poverty line
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).
VIII
Acquisition policy, acquisition management, and related matters
A
Industrial base matters
801.
Policy recommendations for implementation of Executive Order 13806 (Assessing and Strengthening the Manufacturing and Defense Industrial Base and Supply Chain Resiliency)
(a)
Submission of recommendations to Secretary of Defense
In order to fully implement the July 21, 2017, Presidential Executive Order on Assessing and Strengthening the Manufacturing and Defense Industrial Base and Supply Chain Resiliency of the United States, not later than 540 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the Secretary of Defense a series of recommendations regarding United States industrial policies. The recommendations shall consist of specific executive actions, programmatic changes, regulatory changes, and legislative proposals and changes, as appropriate.
(b)
Scope of assessment
In developing the recommendations required under subsection (a), the Under Secretary shall assess—
(1) direct subsidies and investment in the economy;
(2) direct provision of credit and purchases of private sector bonds and equity;
(3) prize-based technology challenges for critical research and development milestones;
(4) capital controls and dollar policy;
(5) trade policy, including export control policy, government acquisition policy, and targeted protectionist policies;
(6) export promotion policies;
(7) foreign talent attraction and retention;
(8) graduate education policy; and
(9) expansion of existing or establishment of new public-private partnerships, including the Trusted Capital Marketplace.
(c)
Objectives
The recommendations made pursuant to subsection (a) shall aim to—
(1) facilitate only high-value design, engineering, and manufacturing activities;
(2) expand the defense industrial base to include friendly and capable allies and partners;
(3) preserve the viability of domestic and international suppliers;
(4) include export and productivity incentives;
(5) accord with standing international trade law; and
(6) strengthen the domestic national security industrial base, especially in areas currently dependent on foreign suppliers.
(d)
Consultation
In assessing the areas specified in subsection (b) and developing the recommendations required under subsection (a), the Under Secretary shall consult or inaugurate studies with, as appropriate, the Joint Industrial Base Working Group, the Defense Science Board, the Defense Innovation Board, economists, commercial industry, and federally funded research and development centers.
(e)
Submission of recommendations to President
Not later than 30 days after receiving the recommendations under subsection (a), the Secretary of Defense shall submit the recommendations, together with any additional views or recommendations, to the President, the Office of Management and Budget, the National Security Council, and the National Economic Council.
(f)
Submission of recommendations to Congress
Not later than 30 days after submitting the recommendations to the President under section (e), the Secretary of Defense shall submit the recommendations to and brief the congressional defense committees on the recommendations.
802.
Assessment of national security innovation base
(a)
In general
Not later than 540 days after the date of the enactment of this Act, the Deputy Secretary of Defense shall submit to the Secretary of Defense an assessment of the economic forces and structures shaping the capacity of the national security innovation base and policy recommendations pertaining to the outcome of such assessment.
(b)
Elements
The assessment required under subsection (a) shall review the following matters as they pertain to the innovative and manufacturing capacity of the national security innovation base:
(1) Competition and antitrust policy.
(2) Immigration policy, including the policies germane to the attraction and retention of skilled immigrants.
(3) Graduate education funding and policy.
(4) Demand stabilization and social safety net policies.
(5) The structure and incentives of financial markets and businesses’ access to credit.
(6) Trade policy, including export control policy.
(7) The tax code and its effect on investment, including the Federal research and development tax credit.
(8) Deregulation in critical economic sectors, land use, environment review, and construction and manufacturing activities.
(9) National economic and manufacturing infrastructure.
(10) Intellectual property reform.
(11) Federally funded investments in the economy, including research and development and advanced manufacturing.
(12) Federally funded procurement of goods and services.
(13) Federally funded investments to expand domestic manufacturing capabilities.
(c)
Engagement with certain entities
In conducting the assessment required under subsection (a), the Deputy Secretary shall engage through appropriate mechanisms with the Defense Science Board, the Defense Innovation Board, the Defense Business Board, academic experts, commercial industry, and federally funded research and development centers.
(d)
Submission of assessment
Not later than 30 days after receiving the assessment and recommendations under subsection (a), the Secretary of Defense shall submit the assessment, together with recommendations and any additional views of the Secretary, to the President, the Office of Management and Budget, the National Security Council, the National Economic Council, and the congressional defense committees.
803.
Improving implementation of policy pertaining to the national technology and industrial base
(a)
National technology and industrial base implementation
(1)
Assessment of research and development, manufacturing, and production capabilities
(A)
In general
In developing the strategy required by section 2501 of title 10, United States Code, carrying out the analysis of the national technology and industrial base required by section 2503 of such title, and performing the periodic assessments required under section 2505 of such title, the Secretary of Defense shall, in consultation with the Under Secretary of Defense for Acquisition and Sustainment and the Under Secretary of Research and Engineering, assess the research and development, manufacturing, and production capabilities of entities within the United States and non-United States members of the national technology and industrial base as well as other friendly nations.
(B)
Identification of specific technologies, companies, laboratories, and factories
The assessment shall include identification of specific technologies, companies, laboratories, and factories of or located in the United States and the non-United States members of the national technology and industrial base of potential value to current and future Department of Defense plans and programs.
(2)
Policy and guidance
Consistent with section 2440 of title 10, United States Code, the Under Secretary of Defense for Acquisition and Sustainment shall develop and promulgate to the service and command acquisition executives, the heads of the appropriate defense agencies and field activities, and relevant program managers acquisition policy and guidance germane to the use of the research and development, manufacturing, and production capabilities identified pursuant to paragraph (1)(B) and the technologies, companies, laboratories, and factories in specific Department of Defense research and development, international cooperative research, procurement, and sustainment activities.
(b)
Cooperative research and development
(1)
Authority to enter into cooperative research and development projects with nations in the National Technology and Industrial Base
Section 2350a(a)(2) of title 10, United States Code, is amended by adding at the end the following new subparagraph:
(F) A nation in the National Technology and Industrial Base, as defined by section 2500 of title 10, United States Code.
.
(2)
Regulations
Not later than 120 days after the date of the enactment of this Act, the Secretary of Defense shall revise the Department of Defense Supplement to the Federal Acquisition Regulation to conform with subparagraph (F) of section 2350a(a)(2) of title 10, United States Code, as added by paragraph (1).
(c)
Regulatory council
Section 2502 of title 10, United States Code, is amended by inserting after subsection (d) the following new subsection:
(e)
National Technology and Industrial Base Regulatory Council
(1)
Establishment
The Chairman of the National Defense Technology and Industrial Base Council shall work with the equivalent designees in the countries that comprise the national technology and industrial base to establish the National Technology and Industrial Base Regulatory Council.
(2)
Meetings
The National Technology and Industrial Base Regulatory Council shall meet biannually to harmonize respective policies and regulations, and to propose new legislation and regulations that increase the integration between the policies, persons, and organizations comprising the national technology and industrial base.
(3)
Duties
The National Technology and Industrial Base Regulatory Council shall—
(A) address and review issues related to industrial security, supply chain security, cybersecurity, regulating foreign direct investment and foreign ownership, control and influence mitigation, market research, technology assessment, and research cooperation within public and private research and development organizations and universities, technology and export control measures, acquisition processes and oversight, and management best practices; and
(B) establish a mechanism for national technology and industrial base members to raise disputes that arise within the national technology and industrial base at a government-to-government level.
.
(d)
Recommendations for additional members of the national technology and industrial base
(1)
In general
The Secretary of Defense shall establish a process to consider the inclusion of additional member nations in the national technology and industrial base.
(2)
Elements
The process developed under paragraph (1) shall include—
(A) analysis of the national security costs and benefits to the United States and allies of the inclusion of such additional member nation in the national technology and industrial base;
(B) analysis of the economic costs and benefits to entities within the United States and allies of the inclusion of such additional member nation into the national technology and industrial base, including an assessment of—
(i) specific shortfalls in the technological and industrial capacities of current member nations of the national technology and industrial base that would be addressed by inclusion of such additional member nation; and
(ii) specific areas in the industrial bases of current member nations of the national technology and industrial base that would likely be impacted by additional competition if such additional nation were included in the national technology and industrial base; and
(C) analysis of other factors as determined relevant by the Secretary.
(3)
Recommended legislation
(A)
In general
The Secretary of Defense may submit legislative proposals to Congress to add new nations to the national technology and industrial base.
(B)
Elements
Proposals submitted pursuant to subparagraph (A) shall include the following elements:
(i) A summary of the analyses performed pursuant to subsection (d)(2).
(ii) A set of metrics to assess the national security and economic benefits that such inclusion is expected to accrue to entities within the United States and allied nations.
(4)
Report
Not later than 540 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report with recommendations regarding whether to include in the national technology and industrial base each country with which the United States maintains a mutual defense treaty, a reciprocal defense procurement agreement, or other defense cooperation agreement. The report shall be based on assessments conducted using the process established under paragraph (1) and shall include, for each country recommended for inclusion, the information specified in paragraph (3)(B).
804.
Modification of framework for modernizing acquisition processes to ensure integrity of industrial base
Section 2509 of title 10, United States Code, as added by section 845(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is amended—
(1) in subsection (b)(2)—
(A) in subparagraph (A)—
(i) by inserting , such as those identified through the Department of Defense’s supply chain risk management process and by the Federal Acquisition Security Council, and after supply chain risks; and
(ii) in clause (ii), by striking (other than optical transmission components);
(B) in subparagraph (C)—
(i) in clause (x), by striking ; and and inserting a semicolon;
(ii) by redesignating clause (xi) as clause (xii); and
(iii) by inserting after clause (x) the following new clause:
(xi) processes and procedures related to supply chain risk management, including those implemented pursuant to section 806 of the Ike Skelton National Defense Authorization Act for Fiscal Year 2011 (Public Law 111–383; 10 U.S.C. 2304 note); and
; and
(C) by adding at the end the following new subparagraph:
(E) Characterization and assessment of industrial base support policies, programs, and procedures, including—
(i) limitations and acquisition guidance relevant to the national technology and industrial base (as defined in section 2500(1) of this title);
(ii) limitations and acquisition guidance relevant to section 2533a of this title;
(iii) the Industrial Base Analysis and Sustainment program, including direct support and common design activities;
(iv) the Small Business Innovation Research program;
(v) the Department of Defense Manufacturing Technology program;
(vi) programs related to the Defense Production Act of 1950 (50 U.S.C. 4511 et seq.);
(vii) the Trusted Capital Marketplace program; and
(viii) programs in the military services.
; and
(2) in subsection (f)(2), by inserting , and supporting policies, procedures, and guidance after pursuant to subsection (b).
805.
Assessments of industrial base capabilities and capacity
(a)
Assessments
The Secretary of Defense shall define intelligence and other information requirements, sources, and organizational responsibilities for assessing foreign adversary technological and industrial bases and conducting comparative analyses of such technological and industrial bases. The requirements, sources, and responsibilities shall include—
(1) examining the competitive advantages foreign adversaries are pursuing, including with respect to regulation, raw materials, educational capacity, labor, and capital accessibility;
(2) assessing relative cost, speed of product development, age and value of the installed capital base, leadership’s technical competence and agility, nationally imposed inhibiting conditions, the availability of human and material resources, and the burdens of government oversight;
(3) a temporal evaluation of the competitive strengths and weaknesses of United States industry versus the directed priorities and capabilities of foreign adversary governments; and
(4) assessing any other issues that the Secretary of Defense determines appropriate.
(b)
Methodology
The Deputy Assistant Secretary of Defense for Industrial Policy shall incorporate inputs pursuant to subsection (a) as part of a methodology to continuously assess domestic and foreign industries, markets, and companies of significance to military and industrial advantage to identify supply chain vulnerabilities.
(c)
Report
(1)
In general
Not later than March 15, 2021, the Secretary of Defense shall submit to the congressional defense committees a report on efforts to establish the continuous assessment activity required under subsections (a) and (b).
(2)
Elements
The report submitted under paragraph (1) shall include a consideration of whether it would be appropriate to task some of the assessment work to an organization independent of the Department, and any recommendations regarding which organization should perform such work.
806.
Analyses of certain materials and technology sectors for action to address sourcing and industrial capacity
(a)
Analyses required
(1)
In general
The Secretary of Defense, acting through the Undersecretary for Acquisition and Sustainment and other appropriate officials, shall review the materials, processes, and technology sectors under subsection (c) to determine and develop appropriate actions, consistent with the policies, programs, and activities required under chapter 148 of title 10, United States Code, including—
(A) restricting procurement, with appropriate waivers for cost, emergency requirements, and non-availability of suppliers, including restricting procurement to—
(i) suppliers in the United States;
(ii) suppliers in the national technology and industrial base (as defined in section 2500(1) of title 10, United States Code);
(iii) suppliers in other allied nations; or
(iv) other suppliers;
(B) increasing investment to expand capacity or diversifying sources of supply or alternative approaches to addressing military requirements, through use of research and development or procurement activities and acquisition authorities;
(C) taking a combination of actions described under subparagraphs (A) and (B); or
(D) taking no actions, restrictions, or additional investment.
(2)
Considerations
The analyses conducted pursuant to paragraph (1) shall consider national security, economic, and treaty implications, as well as impacts on current and potential suppliers of goods and services.
(b)
Recommendations
The analyses conducted pursuant to subsection (a) shall be used to inform policy, agreements, guidance and reporting requirements under chapter 148 of title 10, United States Code, including—
(1) the annual report to Congress required under section 2504 of such title;
(2) the annual report on unfunded priorities of the national technology and industrial base required under section 2504a of such title;
(3) Department of Defense technology and industrial base policy guidance prescribed under section 2506 of such title;
(4) activities to modernize acquisition processes to ensure integrity of industrial base pursuant to section 2509 of such title;
(5) defense memoranda of understanding and related agreements considered in accordance with section 2531 of such title;
(6) other requirements as appropriate.
(c)
Materials, technologies, and processes of interest
The Secretary of Defense shall prioritize undertaking analyses and making recommendations under this section for the following goods and services:
(1) Goods and services covered under existing restrictions, where a domestic non-availability determination has been made.
(2) Critical technologies identified in the National Defense Strategy.
(3) Technologies and sectors identified in reports required regarding the defense industrial base.
(4) Microelectronics.
(5) Printed circuit boards and other electronics components.
(6) Pharmaceuticals.
(7) Medical devices.
(8) Personal protective equipment.
(9) Rare earth materials.
(10) Synthetic graphite.
(11) Coal-based rayon carbon fibers.
807.
Microelectronics manufacturing strategy
(a)
In general
Not later than January 1, 2021, the Deputy Secretary of Defense, in consultation 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, shall submit to the Secretary of Defense and the Chairman of the Joint Chiefs of Staff a strategy to manufacture state-of-the art integrated circuits in the United States within a period of three to five years that includes a plan to explore and evaluate options for re-establishing microelectronics foundry services and the industrial capabilities associated with such services.
(b)
Elements
In developing the strategy required under subsection (a), the Under Secretary shall consider—
(1) multiple models of public-private partnerships to execute the strategy;
(2) processes and criteria for competitive selection of commercial companies, including companies headquartered in allied and partner countries, to provide design, foundry and assembly, and packaging services and to build and operate the industrial capabilities associated with such services;
(3) the role that the broader Federal Government should play in organizing and supporting the strategy, including any required direct or indirect funding support, or legislative and regulatory actions, including restricting procurements to domestic sources, and providing anti-trust and export control relief; and
(4) all potential funding sources and mechanisms for initial and sustaining investments.
(c)
Submission of strategy to President
Not later February 1, 2021, the Secretary of Defense shall submit the strategy, together 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.
(d)
Briefing
Not later than March 1, 2021, the Secretary of Defense shall submit the strategy to and brief the congressional defense committees on the strategy and the Secretary’s recommendations.
808.
Additional requirements pertaining to printed circuit boards
(a)
Purchases
Not later than one year after the date of enactment of this Act, the Secretary of Defense shall require for new contracts or other acquisition activities that contractors, or subcontractors at any tier, that provide covered printed circuit boards for use by the Department of Defense certify that, of the total value of the covered printed circuit boards provided by the contractor or subcontractor pursuant to a contract or subcontract with the Department of Defense, not less than the percentages set forth in subsection (b) were manufactured and assembled within a covered nation.
(b)
Implementation
(1)
Establishment of required percentages
In establishing the certification process under subsection (a), the Secretary shall establish and publish increasing percentages of values of the covered printed circuit boards under subsection (a) to be complied with by appropriate contractors and subcontractors, based on—
(A) assessment of covered nation capacity to supply printed circuit boards, over time;
(B) assessment of threats to national security capabilities from use of printed circuit boards from non-covered nations;
(C) economic benefits accrued by non-covered nations which would otherwise be accrued by covered nations;
(D) achieving a goal of production of 100 percent of manufacture and assembly of printed circuit boards in covered nations within ten years; and
(E) other criteria as determined appropriate.
(2)
Minimum percentages
The percentages established by the Secretary under this subsection shall, in any case, be equal to or greater than, unless specifically directed by the Secretary for an individual contract or subcontract—
(A) 25 percent by October 1, 2023;
(B) 50 percent by October 1, 2025;
(C) 75 percent by October 1, 2029; and
(D) 100 percent by October 1, 2032.
(3)
Limited exceptions
If the Secretary of Defense directs that a specific contract or subcontract is required to comply with a different percentage than those prescribed under this subsection, the Secretary shall notify the congressional defense committees not later than 30 days after such direction is issued, along with a rationale for the changed percentage.
(c)
Remediation
In the event that a contractor or subcontractor is unable to complete the certification required under subsection (a), the Secretary may accept covered printed circuit boards from the contractor or subcontractor for an appropriate time period, not to exceed 18 months over a five-year period, while requiring the contractor to complete a remediation plan. Such a plan shall be submitted to the congressional defense committees and shall require the contractor or subcontractor to—
(1) audit its supply chain to identify any areas of security vulnerability and compliance with section 224 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 119–92); and
(2) meet the requirements of subsection (a) within in an expedited fashion after the initial missed certification deadline to address national security threats.
(d)
Waiver
A contractor may request that the Secretary of Defense waive the requirement for certification, and the Secretary may grant such a waiver, if the Secretary has conclusively determined that—
(1) there are no significant national security concerns regarding counterfeiting, quality, or unauthorized access created by any covered printed circuit boards provided to the Department of Defense by the contractor in the fiscal year under the certification requirement or the previous fiscal year;
(2) the contractor is otherwise in compliance with all relevant cybersecurity provisions relating to members of the defense industrial base, including section 244 of the National Defense Authorization Act for Fiscal Year 2020; and
(3) the waiver is required to support national security needs, particularly with respect to acquisitions of commercial items.
(e)
Availability and cost exceptions
Subsection (a) shall not apply to the extent that the Secretary of Defense or the Secretary of the military department concerned determines that covered printed circuit boards of satisfactory quality and sufficient quantity, in the required form, cannot be procured as and when needed from covered nations at reasonable cost, excluding comparisons with non-market economies, or in time to meet an operational requirement.
(f)
Definitions
In this section—
(1) the term covered printed circuit board means any printed circuit board that is a—
(A) noncommercial item; or
(B) commercial or commercially available off-the-shelf item that transmits or stores national security sensitive information for—
(i) telecommunications;
(ii) data communications;
(iii) data storage;
(iv) medical applications;
(v) networking;
(vi) fifth-generation cellular communications;
(vii) computing;
(viii) radar;
(ix) munitions; or
(x) any other system that the Secretary of Defense determines should be covered under this section; and
(2) the term covered nation means—
(A) the United States;
(B) a member nation of the national technology and industrial base under section 2500 of title 10, United States Code; or
(C) a nation that has agreed, in compliance with section 36 of the Arms Export Control Act (22 U.S.C. 2776) and section 2457 of title 10, United States Code—
(i) to comply with agreements with foreign governments requiring the United States to purchase supplies from foreign sources for the purposes of offsetting sales made by the United States Government or United States firms under approved programs serving defense requirements; or
(ii) along with the United States Government, to remove barriers to purchases of supplies produced in the other country or services performed by sources of the other country; or
(D) any country, other than the People's Republic of China, the Russian Federation, Iran, or the Democratic People's Republic of Korea, that the Secretary designates, upon a determination to be published in the Federal Register, that accepting covered printed circuit boards from which—
(i) is in the national security interests of the United States; and
(ii) does not pose a significant risk to national security systems.
(g)
Rule of construction
Nothing in this section shall be construed to prohibit the Department of Defense from entering into a contract with an entity that connects to the facilities of a third party, for the purposes of backhaul, roaming, or interconnection arrangements, on the basis of the third party’s noncompliance with the provisions of this section.
809.
Statement of policy with respect to supply of strategic minerals and metals for Department of Defense purposes
(a)
Statement of policy
It is the policy of the United States that the Department of Defense shall pursue the following goals:
(1) Ensure, by 2030, secure sources of supply of strategic minerals and metals that will—
(A) fully meet the demands of the domestic defense industrial base;
(B) eliminate the dependence of the United States on unsecure sources of supply of strategic minerals and metals; and
(C) ensure that the Department of Defense is not reliant upon unsecure sources of supply for the processing or manufacturing of any strategic mineral and metal deemed essential to national security by the Secretary of Defense.
(2) Provide incentives for the defense industrial base to develop robust processing and manufacturing capabilities in the United States to refine strategic minerals and metals for Department of Defense purposes.
(3) Maintain secure sources of supply of strategic minerals and metals required to maintain current military requirements in the event that international supply chains are disrupted.
(4) Achieve the goals described in paragraphs (1) through (3) through, among other methods—
(A) the continued and expanded use of existing programs, such as the National Defense Stockpile administered by the Defense Logistics Agency; and
(B) the continued use of authorities under title III of the Defense Production Act of 1950 (50 U.S.C. 4531 et seq.).
(b)
Strategic minerals and metals
For purposes of this section, strategic minerals and metals include critical minerals, as defined pursuant to Executive Order 13817.
810.
Report on strategic and critical minerals and metals
(a)
Report required
Not later than June 30, 2021, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the results of a study, conducted for purposes of this section, concerning strategic and critical minerals and metals and vulnerabilities in supply chains of such minerals and metals.
(b)
Strategic and critical minerals and metals
For purposes of this section, strategic and critical minerals and metals are minerals and metals, including rare earth elements, that are necessary to meet national defense and national security requirements, including supply chain resiliency, and for the economic security of the United States.
(c)
Elements
The study required for purposes of the report under subsection (a) shall do the following:
(1) Identify the strategic and critical minerals and metals that are currently utilized by the Department of Defense.
(2) To the extent practicable, identify the overall annual tonnage of each strategic or critical mineral or metal identified pursuant to paragraph (1) that was utilized by the Department during the 10-year period ending on December 31, 2020.
(3) Identify domestic and international sources for the strategic and critical minerals and metals identified pursuant to paragraph (1).
(4) Identify risks to access to the strategic and critical minerals and metals identified pursuant to paragraph (1) from supply chain disruptions due to geopolitical, economic, and other vulnerabilities.
(5) Evaluate the benefits of a robust domestic supply chain for providing strategic and critical minerals and metals to Department manufacturing supply chains in real time.
(6) Evaluate the effects of the use of waivers by the Department of Defense Strategic Materials Protection Board on the domestic supply of strategic and critical minerals and metals.
(7) Recommend policies and procedures for the Department to ensure a capability to secure strategic and critical minerals and metals necessary for emerging technologies such as anti-microbial products, minerals, and metals for use in medical equipment among other technologies.
(8) Identify improvements required to the National Defense Stockpile in order to ensure the Department has access to the strategic and critical minerals and metals identified pursuant to paragraph (1).
(9) Evaluate the domestic processing and manufacturing capacity needed to supply the Department with the strategic and critical minerals and metals identified pursuant to paragraph (1) in an economic and secure manner.
(10) In consultation with the United States Geological Survey, identify domestic locations already verified to contain large supplies of strategic and critical minerals and metals identified pursuant to paragraph (1) with existing commercial manufacturing interest.
(11) Address any other matter relating to strategic and critical minerals and metals that the Secretary considers appropriate.
(d)
Form
The report required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
811.
Stabilization of shipbuilding industrial base workforce
(a)
Sense of Congress
It is the sense of Congress that the Department of the Navy must explore and identify solutions, in consultation with the Department of Labor, to enhance shipbuilding workforce stability and ensure industry preparedness to construct the 355-ship fleet.
(b)
Working group to stabilize shipbuilding industrial base workforce
(1)
In general
The Secretary of the Navy shall form a working group with the Secretary of Labor for the purpose of enhancing integration of programs, resources, and expertise to strengthen the shipbuilding industrial base, as well as to provide recommendations to Congress, to better stabilize the shipbuilding industrial base workforce and determine appropriate solutions for workforce fluctuations.
(2)
Duties
The working group shall carry out the following activities related to the ongoing challenges with workforce stability:
(A) Analyze existing Department of the Navy contracts with the shipbuilding industry and other relevant information to better anticipate future employment trends and tailor workforce resources and opportunities for workers most vulnerable to upcoming workforce fluctuations.
(B) Identify existing Department of Labor programs for unemployed, underemployed, and furloughed employees that could benefit the shipbuilding industrial base workforce during times of workload fluctuations and workforce instability, and explore potential partnerships to connect employees with appropriate resources.
(C) Explore possible cost sharing agreements to enable the Department of the Navy to contribute funding to existing Department of Labor workforce programs to support the shipbuilding workforce.
(D) Examine possible programs that will specifically assist furloughed employees who may sporadically rely on unemployment benefits.
(E) Explore opportunities for unemployed, underemployed, or furloughed employees to provide workforce training through temporary partnerships with States, technical schools, community colleges, and other local workforce development opportunities.
(F) Review existing training programs for the shipbuilding workforce to maximize relevant and necessary training opportunities that would broaden employee skillset during times of unemployment, underemployment, or furlough, where applicable.
(G) Assess the possibility of shipbuilding worker support programs to weather a period of unemployment, underemployment, or furlough, including compensation options, alternative employment, temporary stipends, or other worker support opportunities.
(H) Study cross-State credentialing requirements and identify any restrictions that inhibit the flexibility of the shipbuilding workforce to seek employment opportunities across State lines, and make recommendations to streamline licensing, credentialing, certification, and qualification requirements within the shipbuilding industry.
(I) Review additional or new contracting authorities that could enable the Department of the Navy to award short-term, flexible contracts that will prioritize work for unemployed, underemployed, or furloughed employees within the shipbuilding workforce.
(J) Identify specific workforce support programs to support suppliers of all sizes within the shipbuilding industrial base, and assess any additional support from prime contractors that would improve the stability of such suppliers.
(K) Assess whether greater collaboration with the United States Coast Guard and its shipbuilding contractors and subcontractors would improve workforce stability by assessing a totality of shipbuilding demands.
(L) Consider potential pilot programs that will specifically address shipbuilding industrial base workforce stability.
(M) Explore any additional opportunities to invest in recruiting, retaining, and training a skilled shipbuilding workforce.
(N) Consider and incorporate the findings and recommendations, as appropriate, of the report on shipbuilder training and the defense industrial base required under section 1037 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
(3)
Notification requirement regarding establishment and structure
Not later than 90 days after the date of the enactment of this Act, the Secretary of the Navy, in coordination with the Secretary of Labor, shall notify the congressional defense committees regarding the membership and structure of the working group.
(4)
Report
Not later than one year after the date of the enactment of this Act, the Secretary of the Navy, in consultation with the Secretary of Labor, shall submit to the congressional defense committees, the Committee on Health, Education, Labor, and Pensions of the Senate, and the Committee on Education and Labor of the House of Representatives a report with the findings and recommendations of the working group.
812.
Miscellaneous limitations on the procurement of goods other than United States goods
Section 2534 of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) by striking paragraphs (2) through (5);
(B) by inserting after paragraph (1) the following new paragraph:
(2)
Components for naval vessels
(A) Vessel propellers with a diameter of six feet or more.
(B) The following components of vessels, to the extent they are unique to marine applications: gyrocompasses, electronic navigation chart systems, steering controls, propulsion and machinery control systems, and totally enclosed lifeboats.
;
(C) by redesignating paragraph (6) as paragraph (3); and
(D) in paragraph (3), as redesignated by subparagraph (C), by striking (k) and inserting (j);
(2) in subsection (b)—
(A) by striking paragraph (2) and redesignating paragraph (3) as paragraph (2); and
(B) in paragraph (2), as redesignated by subparagraph (A), by striking subsection (a)(3)(A)(iii) and inserting subsection (a)(2)(A);
(3) in subsection (c)—
(A) by striking items. and all that follows through Subsection (a) does not apply in paragraph (1) and inserting items.—Subsection (a) does not apply; and
(B) by striking paragraphs (2) though (5);
(4) in subsection (g)—
(A) by striking (1) This section and inserting This section; and
(B) by striking paragraph (2);
(5) in subsection (h), by striking subsection (a)(3)(B) and inserting subsection (a)(2)(B);
(6) in subsection (i)(3), by striking Acquisition, Technology, and Logistics and inserting Acquisition and Sustainment;
(7) by striking subsection (j); and
(8) by redesignating the first subsection designated subsection (k) as subsection (j).
813.
Use of domestically sourced star trackers in national security satellites
(a)
In general
Except as provided in subsection (a), any acquisition executive of the Department of Defense who approves a contract for a national security satellite after October 1, 2021, shall require any star tracker system included in the design of such national security satellite to be domestically sourced.
(b)
Exceptions
The application of subsection (a) may be waived if the acquisition executive certifies in writing that—
(1) there is no available domestically sourced star tracker system that meets the national security satellite systems mission and design requirements;
(2) the cost of the available domestically sourced star tracker system is unreasonably priced based on a market survey; or
(3) an urgent and compelling national security need exists to necessitate a foreign-made star tracker.
(c)
National security satellite defined
In this section, national security satellite is a satellite the principle purpose of which is to support the national security needs of the United States Government.
814.
Modification to small purchase threshold exception to sourcing requirements for certain articles
Subsection (h) of section 2533a of title 10, United States Code, is amended to read as follows:
(h)
Exception for small purchases
Subsection (a) does not apply to purchases for amounts not greater than $150,000. A proposed purchase or contract for an amount greater than $150,000 may not be divided into several purchases or contracts for lesser amounts in order to qualify for this exception. On October 1 of each year evenly divisible by 5, the Secretary of Defense may adjust the dollar threshold in this subsection based on changes in the Consumer Price Index. The Secretary shall publish notice of any such adjustment in the Federal Register, and the new price threshold shall take effect on the date of publication.
.
B
Acquisition policy and management
831.
Report on acquisition risk assessment and mitigation as part of Adaptive Acquisition Framework implementation
(a)
Service Acquisition Executives input
The Service Acquisition Executives shall report 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 how they are assessing, mitigating, and reporting on the following risks in acquisition programs:
(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 mediated by 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 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.
(b)
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 such subsection.
832.
Comptroller General report on implementation of software acquisition reforms
(a)
In general
Not later than March 15, 2021, the Comptroller General of the United States shall brief the congressional defense committees on the implementation by the Department of Defense of required acquisition reforms with respect to acquiring software for weapon systems, business systems, and other activities that are part of the defense acquisition system, with a report, or reports, to follow as agreed upon by the committees and the Comptroller General.
(b)
Elements
The briefing and report, or reports, required under subsection (a) shall include an assessment of the extent to which the Department of Defense has implemented requirements related to the following:
(1) Software acquisition studies and their implementation, including pursuant to section 872 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; Defense Innovation Board analysis of software acquisition regulations), section 868 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; implementation of recommendations of the final report of the Defense Science Board Task Force on the Design and Acquisition of Software for Defense Systems).
(2) Software acquisition activities pursuant to section 2322a of title 10, United States Code (related to consideration of certain maters during the acquisition of noncommercial computer software), section 875 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; pilot program for open source software), and section 800 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92, related to continuous integration and delivery of software applications and upgrades to embedded systems).
(3) Software acquisition pilots, including the pilot program pursuant to section 873 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; relating to the use of agile or iterative development methods to tailor major software-intensive warfighting systems and defense business systems) and the pilot program pursuant to section 874 of such Act (relating to using agile best practices for software development).
(c)
Assessment of acquisition policy, guidance, and practices
Each report under subsection (a) should include an assessment of the extent to which Department of Defense software acquisition policy, guidance, and practices reflect implementation of relevant recommendations from related studies, pilot programs, and directives from the congressional defense committees.
(d)
Modification of requirements for Comptroller General assessment of acquisition programs and initiatives
Section 2229b(b)(2) of title 10, United States Code, is amended by striking a summary of organizational and legislative changes and emerging assessment methodologies since the last assessment, and a discussion of the implications and inserting a discussion of selected organizational, policy, and legislative changes, as determined appropriate by the Comptroller General, and the potential implications.
(e)
Defense acquisition system defined
In this section, the term defense acquisition system has the meaning given that term in section 2545(2) of title 10, United States Code.
C
Amendments to general contracting authorities, procedures, and limitations
841.
Authority to acquire innovative commercial products and services using general solicitation competitive procedures
(a)
Authority
(1)
In general
Chapter 140 of title 10, United States Code, is amended by adding at the end the following new section:
2380c.
Authority to acquire innovative commercial products and services using general solicitation competitive procedures
(a)
Authority
The Secretary of Defense may acquire innovative commercial products and services through a competitive selection of proposals resulting from a general solicitation and the peer review of such proposals.
(b)
Treatment as competitive procedures
Use of general solicitation competitive procedures under subsection (a) shall be considered to be use of competitive procedures for purposes of chapter 137 of this title.
(c)
Limitations
(1) The Secretary may not enter into a contract or agreement in excess of $100,000,000 using the authority under subsection (a) without a written determination from the Under Secretary of Defense for Acquisition and Sustainment or the relevant service acquisition executive of the efficacy of the effort to meet mission needs of the Department of Defense or the relevant military department.
(2) Contracts or agreements entered into using the authority under subsection (a) shall be fixed-price, including fixed-price incentive fee contracts.
(3) Notwithstanding section 2376(1) of this title, products and services acquired using the authority under subsection (a) shall be treated as commercial products and services.
(d)
Congressional notification required
(1) Not later than 45 days after the award of a contract for an amount exceeding $100,000,000 using the authority in subsection (a), the Secretary of Defense shall notify the congressional defense committees of such award.
(2) Notice of an award under paragraph (1) shall include the following:
(A) Description of the innovative commercial product or service acquired.
(B) Description of the requirement, capability gap, or potential technological advancement with respect to which the innovative commercial product or service acquired provides a solution or a potential new capability.
(C) Amount of the contract awarded.
(D) Identification of contractor awarded the contract.
(e)
Innovative defined
. In this section, the term 'innovative' means—
(1) any technology, process, or method, including research and development, that is new as of the date of submission of a proposal; or
(2) any application that is new as of the date of submission of a proposal of a technology, process, or method existing as of such date.
.
(2)
Clerical amendment
The table of sections at the beginning of chapter 140 of title 10, United States Code, is amended by inserting after the item relating to section 2380b the following new item:
2380c. Authority to acquire innovative commercial products and services using general solicitation competitive procedures.
.
(b)
Repeal of obsolete authority
Section 879 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note) is hereby repealed.
842.
Truth in Negotiations Act threshold for Department of Defense contracts
Section 2306a(a)(1) of title 10, United States Code, is amended—
(1) in subparagraph (B), by striking contract if and all that follows through clause (iii) and inserting contract if the price adjustment is expected to exceed $2,000,000.;
(2) in subparagraph (C), by striking section and— and all that follows through clause (iii) and inserting section and the price of the subcontract is expected to exceed $2,000,000.; and
(3) in subparagraph (D), by striking subcontract if— and all that follows through clause (ii) and inserting subcontract if the price adjustment is expected to exceed $2,000,000..
843.
Revision of proof required when using an evaluation factor for defense contractors employing or subcontracting with members of the selected reserve of the reserve components of the Armed Forces
Section 819 of the National Defense Authorization Act for Fiscal Year 2006 (Public Law 109–163; 119 Stat. 3385; 10 U.S.C. 2305 note) is amended—
(1) by striking subsection (b); and
(2) by redesignating subsection (c) as subsection (b).
844.
Contract authority for advanced development of initial or additional prototype units
(a)
In general
Section 2302e of title 10, United States Code, is amended—
(1) in the heading, by striking advanced development and inserting development and demonstration; and
(2) in subsection (a)(1), by striking provision of advanced component development, prototype, and inserting development and demonstration.
(b)
Clerical amendment
The table of sections at the beginning of chapter 137 of title 10, United States Code, is amended by striking the item relating to section 2302e and inserting the following new item:
2302e. Contract authority for development and demonstration of initial or additional prototype units.
.
845.
Definition of business system deficiencies 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 paragraph (4) of subsection (g) to read as follows:
(4) The term material weakness means a deficiency, or combination of deficiencies, in internal control over risks related to Government contract compliance or other shortcomings in the system, such that there is a reasonable possibility that a material noncompliance will not be prevented, or detected and corrected, on a timely basis. A reasonable possibility exists when the likelihood of an event occurring is either reasonably possible, meaning the chance of the future event occurring is more than remote but less than likely, or is probable.
.
846.
Repeal of pilot program on payment of costs for denied Government Accountability Office bid protests
Section 827 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91) is repealed.
D
Provisions relating to major defense acquisition programs
861.
Implementation of modular open systems architecture requirements
(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 under the supervision of the Department of Defense Chief Information Officer and the Joint Staff Director for Command, Control, Communications, and Computers/Cyber, shall prescribe regulations and issue guidance to the military services, defense agencies and field activities, and combatant commands, as appropriate, in order to—
(A) facilitate the Department of Defense’s access to and utilization of system, major subsystem, and major component software-defined interfaces;
(B) fully meet the intent of chapter 144B of title 10, United States Code; and
(C) advance the Department’s efforts to generate diverse and recomposable kill chains.
(2)
Elements
The regulations and guidance required in subsection (a)(1) shall include, at a minimum—
(A) requirements that each relevant program office characterizes the desired modularity of the system for which it is responsible, either, in the case of major defense acquisition programs, in the acquisition strategy required under section 2431a of title 10, United States Code, or, in the case of other programs, via other documentation, including—
(i) specification of which system, major subsystems, and major components should be able to execute without requiring coincident execution of other systems, major subsystems, and major components;
(ii) a default configuration specifying which systems, major subsystems, and major components should communicate with other systems, major subsystems, and major components; and
(iii) specification of what information should be communicated, the method of the communication, and the desired function of the communication;
(B) requirements that relevant Department of Defense contracts include mandates for the delivery of system, major subsystem, and major component software-defined interfaces for systems, major subsystems, and major components deemed relevant in the acquisition strategy or documentation referred to in subsection (a)(2)(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 repository of subsection (c), if appropriate and available, using interface field transform technology developed under the Defense Advanced Research Projects Agency System of Systems Technology Integration Tool Chain for Heterogeneous Electronic Systems (STITCHES) program or technology that is functionally similar; 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) requirements that relevant program offices, including those responsible for maintaining and upgrading legacy systems, that have awarded contracts that do not include the requirements specified in subparagraph (B) of paragraph (2) nevertheless acquire 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) requirements that program offices deliver these interfaces and the associated documentation to the controlled repository established under subsection (c).
(3)
Applicability of regulations and guidance
(A)
Applicability
The regulations and guidance required under subsection (a)(1) shall apply, at a minimum, to program offices responsible for the prototyping, acquisition, or sustainment of new or existing cyber-physical weapon systems with software-defined interfaces, or with major subsystems or components with software-defined interfaces, developed or to be developed, wholly or in part with Federal funds, including those applicable program offices using other transaction authorities (OTA).
(B)
Extension of scope
One year after the promulgation of the regulations and guidance required under subsection (a)(1) for cyber-physical systems, the Under Secretary of Defense for Acquisition and Sustainment shall extend the regulations and guidance to apply to purely software systems, including business systems and cybersecurity systems. The Secretary may make the regulations and guidance applicable, as practicable, to program offices responsible for the acquisition of systems and capabilities under part 12 of the Federal Acquisition Regulation and commercially available off the-the-shelf items.
(C)
Inclusion of subsystems and components
The major subsystems and components covered under paragraph (2)(A) shall include all subsystems and components covered by contract line items.
(b)
Rights in interface software
(1)
Regulations
Not later than one year after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall prescribe regulations to define the legitimate interest of the United States and of a contractor or subcontractor in interface software. The regulations shall be included in regulations of the Department of Defense prescribed as part of the Defense Supplement to the Federal Acquisition Regulation.
(2)
Limitation on regulations
The regulations prescribed pursuant to paragraph (1) may not—
(A) impair any right of the United States or of any contractor or subcontractor with respect to patents or copyrights or any other right in software otherwise established by law; or
(B) impair the right of a contractor or subcontractor to receive from a third party a fee or royalty for the use of software pertaining to an item or process developed exclusively at private expense by the contractor or subcontractor, except as otherwise specifically provided by law.
(2)
Elements
Such regulations shall include the following provisions:
(A) In the case of a software interface that is developed by a contractor or subcontractor exclusively with Federal funds (other than an item developed under a contract or subcontract to which regulations under section 9(j)(2) of the Small Business Act (15 U.S.C. 638(j)(2)) apply), the United States shall have the unlimited and non-expiring right to use the software or release or disclose the software to persons outside the government or permit the use of the software by such persons.
(B) In the case of a software interface that is developed in part with Federal funds and in part at private expense and except in any case in which the Secretary of Defense determines that negotiation of different rights in such software would be in the best interest of the United States, the Government—
(i) shall have Government-purpose rights to the software interface, and, in addition, may release or disclose the software interface, or authorize others to do so, if—
(I) prior to release or disclosure, the intended recipient is subject to an exclusive for-Government-use and non-disclosure agreement;
(II) the intended recipient is a Government contractor receiving access to the interface for the performance of a Government contract; and
(III) the intended use is for the purpose of system, major subsystem, and major component segregation, interoperability, integration, or reintegration; and
(ii) may not use, or authorize other persons to use, interface software for commercial purposes.
(C) In the case of a software interface that is developed exclusively at private expense, the Government shall negotiate with the contractor or the subcontractor to best achieve, if practical, Government-purpose rights to the software interface and rights to release or disclose the software interface, or authorize others to do so, if—
(i) prior to release or disclosure, the intended recipient is subject to an exclusive for-Government use and non-disclosure agreement;
(ii) the intended recipient is a Government contractor receiving access to the interface for the performance of a Government contract; and
(iii) the intended use is for the purpose of system, major subsystem, and major component segregation, interoperability, integration and reintegration.
(c)
Interface repository
(1)
Establishment
The Under Secretary of Defense for Acquisition and Sustainment shall establish and maintain, at the appropriate classification level, an interface repository for interfaces, syntax and properties, documentation, and communication implementations delivered pursuant to the requirements established under subsection (a)(2)(B) and shall provide interfaces, access to interfaces, and relevant documentation to the military services, defense agencies and field activities, combatant commands, and contractors, as appropriate, to facilitate system, major subsystem, and major component segregation and reintegration.
(2)
Distribution of interfaces
Consistent with section 2320 of title 10, United States Code, and in accordance with subsection (b), the Under Secretary of Defense for Acquisition and Sustainment may distribute interfaces, access to interfaces, and relevant documentation to Government entities and contractors. Any such protected transfer or disclosure by the Government to a recipient is limited to only those data necessary for segregation, interoperability, integration, or reintegration.
(d)
System of systems integration technology and experimentation
(1)
Demonstrations and assessment
No later than one year after the date of the enactment of this Act, the Joint Staff Director for Command, Control, Communications, and Computers/Cyber and Department of Defense Chief Information Officer, through the Joint All Domain Command and Control Cross Functional Team, shall conduct demonstrations and complete an assessment of the technologies developed under the Defense Advanced Research Projects Agency’s System of Systems Integration Technology and Experimentation program, including the STITCHES technology, and their applicability to the Joint All-Domain Command and Control architecture. The demonstrations and assessment shall include—
(A) at least three demonstrations of the use of the STITCHES 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;
(B) an evaluation as to whether the communications enabled via the STITCHES technology are sufficient for military missions and whether the technology results in any substantial performance loss in communication between systems, major subsystems, and major components;
(C) an evaluation as to whether the STITCHES technology obviates the need to develop, impose, and maintain strict adherence to common communication and interface standards for Department of Defense systems;
(D) the appropriate roles and responsibilities of the Department of Defense Chief Information Officer, the Under Secretary of Defense for Acquisition and Sustainment, the geographic combatant commands, the military services, the Defense Advanced Research Projects Agency, and the defense industrial base in using and maintaining the STITCHES technology to generate diverse and recomposable kill chains as part of the Joint All-Domain Command and Control architecture; and
(E) 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.
(2)
Chief Information Officer assessment
The Department of Defense Chief Information Officer shall assess the technologies developed under the Defense Advanced Research Projects Agency’s System of Systems Integration Technology and Experimentation program, including the STITCHES interface field transform technology, and their applicability to the Department’s business systems and cybersecurity tools. This assessment shall include—
(A) at least two demonstrations of the use of the STITCHES technology in enabling communication between business systems;
(B) in coordination with the Cross Functional Team under the Principal Cyber Adviser and the Integrated Adaptive Cyber Defense program office of the National Security Agency, at least two demonstrations of the use of the STITCHES technology in enabling communication between and orchestration of previously incompatible cybersecurity tools; and
(C) an evaluation as to how the STITCHES technology could be used in concert with or instead of existing cybersecurity standards, frameworks, and technologies designed to enable communication across cybersecurity tools.
(3)
Sustainment of STITCHES engineering resources and capabilities developed by DARPA
To conduct the demonstrations and assessments required under this subsection and to execute the Joint All Domain Command and Control program, the Joint All Domain Command and Control program office shall sustain the STITCHES engineering resources and capabilities developed by the Defense Advanced Research Projects Agency.
(e)
Transfer of responsibility for STITCHES
One year after the date of enactment of this Act, the Secretary of Defense may transfer responsibility for maintaining the STITCHES engineering capabilities to a different organization.
(f)
Definitions
In this section:
(1)
Desired modularity
The term desired modularity means the desired degree to which systems, major constitutive subsystems and components within a system, and major subsystems and components across subsystems 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.
(2)
Machine-readable format
The term machine-readable format means a format that can be easily processed by a computer without human intervention.
862.
Sustainment reviews
(a)
Annual sustainment reviews
Section 2441(a) of title 10, United States Code, is amended by inserting annually thereafter before throughout the life cycle of the weapon system.
(b)
Submission to Congress of sustainment reviews
Section 2441 of title 10, United States Code, is amended by adding at the end the following new subsection:
(d)
Submission to Congress of sustainment reviews
(1) The Secretary of each military department shall submit no fewer than ten sustainment reviews required by this section to the congressional defense committees annually. The Secretary of each military department shall select the ten reviews from among the systems with the highest independent cost estimates for the remainder of the life cycle of the program.
(2) The Secretary shall submit the reviews required under paragraph (1) to the congressional defense committees annually not later than 30 days after submission of the President’s annual budget request to Congress under section 1105 of title 31. The sustainment reviews shall be posted on a publicly available website maintained by the Director of the Cost Assessment and Program Evaluation office and, for those systems with operating and support cost growth, shall include comments from the military departments regarding actions being taken to reduce the operating and support costs. The reviews may include classified appendices, as appropriate.
.
(c)
Comptroller General study
Not later than 180 days after the Secretaries of the military departments post the initial sustainment reviews required under paragraph (1) of subsection (d) of section 2441 of title 10, United States Code (as added by subsection (b) of this section) on a publicly available website as required under paragraph (2) of such subsection (d), the Comptroller General of the United States shall assess steps the military departments are taking to quantify and address operating and support cost growth. The assessment shall include—
(1) an evaluation of—
(A) the causes of operating and support cost growth for selected systems covered by the sustainment reviews, as well as any other systems the Comptroller General determines appropriate;
(B) the extent to which the Department has mitigated operating and support cost growth of these systems; and
(C) any other issues related to potential operating and support cost growth the Comptroller General determines appropriate; and
(2) any recommendations of the Comptroller General, including steps the military departments could take to reduce operating and support cost growth for fielded weapon systems, as well as lessons learned to be incorporated in future weapon system acquisitions.
863.
Recommendations for future direct selections
The Secretary of each military department shall provide to the congressional defense committees in the future-years defense program submitted under section 221 of title 10, United States Code, for fiscal year 2022 a list of at least one acquisition program for which it would be appropriate to have a large number of users provide direct assessment of the outcome of a competitive contract award.
864.
Disclosures for certain shipbuilding major defense acquisition program offers
(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 certain shipbuilding major defense acquisition program offers
(a)
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 with its offer and any subsequent offer revisions, including the final proposal revision offer, whether any part of the offeror’s planned contract performance will or is expected to include foreign government subsidized performance, financing, financial guarantees, or tax concessions.
(b)
Disclosure
An offeror shall make a disclosure required under subsection (a) in a format prescribed by the Secretary of the Navy and shall include therein a specific description of the extent to which the offeror’s planned contract performance will include, with or without contingencies, any foreign government subsidized performance, financing, financial guarantees, or tax concessions.
(c)
Congressional notification
Not later than 5 days after awarding a contract described under subsection (a) to an offeror that made a disclosure under subsection (b), the Secretary of the Navy shall notify the congressional defense committees and summarize such disclosure.
(d)
Definitions
In this section:
(1)
Covered offeror
The term covered offeror means any offeror that currently requires or may reasonably be expected to require during the period of contract performance a method to mitigate or negate foreign ownership under subsection (f)(6) of part 2004.34 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, services, supply, performance, or intellectual property concessions, that may be provided to or for the offeror or the offeror’s Department of Defense customer 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 certain shipbuilding major defense acquisition program offers.
.
E
Small business matters
871.
Prompt payment of contractors
Section 2307(a)(2) of title 10, United States Code, is amended—
(1) in subparagraph (A), by striking if a specific payment date is not established by contract; and
(2) in subparagraph (B), by striking if— and all that follows through the prime contractor agrees in clause (ii) and inserting if the prime contractor agrees or proposes.
872.
Extension of pilot program for streamlined awards for innovative technology programs
Section 873(f) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2306a) is amended by striking 2020 and inserting 2023.
F
Provisions related to Software-Driven capabilities
881.
Inclusion of software in government performance of acquisition functions
(a)
Inclusion of software
Section 1706(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
(14) Program lead software.
.
(b)
Technical amendments
Section 1706 of such title is further amended—
(1) in subsection (a), by striking for each major defense acquisition program and each major automated information system program and inserting for each acquisition program; and
(2) by striking subsection (c).
882.
Balancing security and innovation in software development and acquisition
(a)
Requirements for solicitations of commercial and developmental solutions
The Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Chief Information Officer of the Department of Defense, shall develop requirements for inclusion in solicitations for both commercial and developmental solutions, and for the evaluation of bids, of appropriate software security criteria, including—
(1) delineation of what processes were or will be used for a secure software development lifecycle, including management of supply chain and third-party software sources and component risks; and
(2) an associated vulnerability management plan or tools.
(b)
Security review of code
The Under Secretary of Defense for Acquisition and Sustainment, in coordination with the Chief Information Officer of the Department of Defense, shall develop processes for security review of code for the purpose of publication and other procedures necessary to fully implement the pilot program required under section 875 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2223 note).
(c)
Coordination with Software Acquisition Pathway efforts
The requirements and procedures required under subsections (a) and (b) shall be developed in conjunction with the Department of Defense's efforts to incorporate input and finalize the procedures described in the Interim Procedures for Operation of the Software Acquisition Pathway.
883.
Comptroller General report on intellectual property acquisition and licensing
(a)
In general
Not later than October 1, 2021, the Comptroller General of the United States shall submit to the congressional defense committees a report evaluating the implementation of the Department of Defense's Instruction on Intellectual Property Acquisition and Licensing (DODI 5010.44), established under section 2322 of title 10, United States Code.
(b)
Elements
The report required under subsection (a) shall assess the following:
(1) The extent to which the Department of Defense is fulfilling the core principles established in DODI 5010.44.
(2) The extent to which the Defense Acquisition University, Department of Defense components, and program offices are carrying out their responsibilities under DODI 5010.44.
(3) The progress of the Department in establishing an IP Cadre, including the extent to which such experts are executing their roles and responsibilities.
(4) The performance of the Department in assessing and demonstrating the implementation of DODI 5010.44, including the effectiveness of the IP Cadre;
(5) The effect implementation of DODI 5010.44 has had on particular acquisitions;
(6) Any other matters the Comptroller General determines appropriate.
G
Other matters
891.
Safeguarding defense-sensitive United States intellectual property, technology, and other data and information
(a)
In general
The Secretary of Defense shall establish, enforce, and track actions being taken to protect defense-sensitive United States intellectual property, technology, and other data and information, including hardware and software, from acquisition by the Government of the People's Republic of China.
(b)
List of critical technology
The Secretary of Defense shall establish and maintain a list of critical national security technology.
(c)
Restrictions on employment of defense industrial base employees with Chinese companies
The Secretary of Defense shall provide for mechanisms to restrict employees or former employees of the defense industrial base that contribute to the technology referenced in subsection (b) from working directly for companies wholly owned by, or under the direction of, the Government of the Peoples Republic of China.
(d)
Reports
(1)
Department of Defense report
Not later than May 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report on progress in implementing the measures described in subsections (a) through (c).
(2)
Comptroller General report
Not later than December 1, 2021, the Comptroller General of the United States shall submit to the congressional defense committees a report reviewing the report submitted under paragraph (1) and providing an assessment of the effectiveness of the measures implemented under this section.
(3)
Form
The reports required under this subsection shall be submitted in unclassified form but may contain classified annexes.
892.
Domestic comparative testing activities
Section 2350a(g)(1)(A) of title 10, United States Code, is amended by inserting and conventional defense equipment, munitions, and technologies manufactured and developed domestically after in subsection (a)(2).
893.
Repeal of apprenticeship program
(a)
In general
Section 2870 of title 10, United States Code, as added by section 865 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is repealed.
(b)
Conforming amendments
(1)
Clerical amendment
The table of sections at the beginning of subchapter III of chapter 169 of title 10, United States Code, is amended by striking the item relating to section 2870.
(2)
Obsolete provision
Section 865 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is repealed.
IX
Department of Defense Organization and Management
A
Office of the Secretary of Defense and Related Matters
901.
Assistant Secretary of Defense for Special Operations and Low Intensity Conflict and related matters
(a)
In general
(1)
Clarification of chain of administrative command
Section 138(b)(2) of title 10, United States Code, is amended—
(A) by redesignating clauses (i), (ii), and (iii) of subparagraph (B) as subclauses (I), (II), and (III), respectively;
(B) by redesignating subparagraphs (A) and (B) as clauses (i) and (ii), respectively;
(C) by inserting (A) after (2);
(D) in clause (i) of subparagraph (A), as redesignated by this paragraph, by inserting before the period at the end the following: through the administrative chain of command specified in section 167(f) of this title; and
(E) by adding at the end the following new subparagraph:
(B) In the discharge of the responsibilities specified in subparagraph (A)(i), the Assistant Secretary is immediately subordinate to the Secretary of Defense and the Deputy Secretary of Defense. No officer below the Secretary or the Deputy Secretary may intervene to exercise authority, direction, or control over the Assistant Secretary in the discharge of such responsibilities.
.
(2)
Technical amendment
Subparagraph (A) of such section, as redesignated by paragraph (2), is further amended in the matter preceding clause (i), as so redesignated, by striking section 167(j) and inserting section 167(k).
(b)
Fulfillment of special operations responsibilities
(1)
In general
Section 139b of title 10, United States Code, is amended to read as follows:
139b.
Secretariat for Special Operations; Special Operations Policy and Oversight Council
(a)
Secretariat for Special Operations
(1)
In general
In order to fulfill the responsibilities of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict specified in section 138(b)(2)(A)(i) of this title, there shall be within the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict an office to be known as the Secretariat for Special Operations.
(2)
Purpose
The purpose of the Secretariat is to assist the Assistant Secretary in exercising authority, direction, and control with respect to the special operations-peculiar administration and support of the special operations command, including the readiness and organization of special operations forces, resources and equipment, and civilian personnel as specified in such section.
(3)
Director
The Director of the Secretariat for Special Operations shall be appointed by the Secretary of Defense from among individuals qualified to serve as the Director. The Director shall have a grade of Deputy Assistant Secretary of Defense.
(4)
Administrative chain of command
For purposes of the support of the Secretariat for the Assistant Secretary in the fulfillment of the responsibilities referred to in paragraph (1), the administrative chain of command is as specified in section 167(f) of this title. No officer below the Secretary of Defense or the Deputy Secretary of Defense (other than the Assistant Secretary) may intervene to exercise authority, direction, or control over the Secretariat in its support of the Assistant Secretary in the discharge of such responsibilities.
(b)
Special Operations Policy and Oversight Council
(1)
In general
In order to fulfill the responsibilities specified in section 138(b)(2)(A)(i) of this title, there shall also be within the Office of the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict a team known as the Special Operation Policy and Oversight Council. The team is lead by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict, or the Assistant Secretary's designee..
(2)
Purpose
The purpose of the Council is to integrate the functional activities of the headquarters of the Department of Defense in order to most efficiently and effectively provide for special operations forces and capabilities. In fulfilling this purpose, the Council shall develop and continuously improve policy, joint processes, and procedures that facilitate the development, acquisition, integration, employment, and sustainment of special operations forces and capabilities.
(3)
Membership
The Council shall include the following:
(A) The Assistant Secretary, who shall act as leader of the Council.
(B) Appropriate senior representatives of each of the following:
(i) The Under Secretary of Defense for Research and Engineering.
(ii) The Under Secretary of Defense for Management and Support.
(iii) The Under Secretary of Defense (Comptroller).
(iv) The Under Secretary of Defense for Personnel and Readiness.
(v) The Under Secretary of Defense for Intelligence.
(vi) The General Counsel of the Department of Defense.
(vii) The other Assistant Secretaries of Defense under the Under Secretary of Defense for Policy.
(viii) The military departments.
(ix) The Joint Staff.
(x) The United States Special Operations Command.
(xi) Such other officials or Agencies, elements, or components of the Department of Defense as the Secretary of Defense considers appropriate.
(4)
Operation
The Council shall operate continuously.
.
(2)
Clerical amendment
The table of sections at the beginning of chapter 4 of such title is amended by striking the item relating to section 139b and inserting the following new item:
139b. Secretariat for Special Operations; Special Operations Policy and Oversight Council.
.
(c)
DoD directive on responsibilities of ASD SOLIC
(1)
In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall publish a Department of Defense directive establishing policy and procedures related to the exercise of authority, direction, and control of all special-operations peculiar administrative matters relating to the organization, training, and equipping of special operations forces by the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict as specified by section 138(b)(2)(A)(i) of title 10, United States Code, as amended by subsection (a)(1).
(2)
Matters for including
The directive required by paragraph (1) shall include the following:
(A) A specification of responsibilities for coordination on matters affecting the organization, training, and equipping of special operations forces.
(B) An identification and specification of updates to applicable documents and instructions of the Department of Defense.
(C) Mechanisms to ensure the inclusion of the Assistant Secretary in all Departmental governance forums affecting the organization, training, and equipping of special operations forces.
(D) Such other matters as the Secretary considers appropriate.
(3)
Applicability
The directive required by paragraph (1) shall apply throughout the Department of Defense to all components of the Department of Defense.
(4)
Limitation on availability of certain funding pending publication
Of the amounts authorized to be appropriated by this Act for fiscal year 2021 for operation and maintenance, Defense-wide, and available for the Office of the Secretary of Defense, not more than 75 percent may be obligated or expended until the date that is 15 days after the date on which the Secretary publishes the directive required by paragraph (1).
902.
Redesignation and codification in law of Office of Economic Adjustment
(a)
Redesignation
(1)
In general
The Office of Economic Adjustment in the Office of the Secretary of Defense is hereby redesignated as the Office of Local Defense Community Cooperation.
(2)
References
Any reference in a law, map, regulation, document, paper, or other record of the United States to the office referred to in paragraph (1) shall be deemed to be a reference to the Office of Local Defense Community Cooperation.
(b)
Codification in law
(1)
In general
Chapter 4 of title 10, United States Code, is amended by adding at the end the following new section:
146.
Office of Local Defense Community Cooperation
(a)
In general
There is an Office of Local Defense Community Cooperation in the Office of the Under Secretary of Defense for Acquisition and Sustainment.
(b)
Director
The Office shall be headed by the Director of the Office of Local Defense Community Cooperation, who shall be assigned to such position by the Under Secretary from among civilian employees of the Department of Defense who are qualified to serve in the position.
(c)
Functions
Subject to the authority, direction, and control of the Under Secretary, the Office shall—
(1) in cooperation with the other components, of the Department of Defense be the primary office within the Department for the provision of assistance to States, counties, municipalities, regions, and communities intended to—
(A) foster greater cooperation with military installations in order to enhance the military mission, achieve facility and infrastructure savings and reduced operating costs, address encroachment and compatible land use issues, support military families, and increase military, civilian, and industrial readiness and resiliency; and
(B) address impacts caused by changes in defense programs, including basing decisions, defense industry expansions or contractions, increases or reductions in Federal civilian or contractor personnel, and expansions, realignments, and closures of military installations;
(2) provide support to the Economic Adjustment Committee within the Executive Office of the President, or any successor interagency coordination body; and
(3) perform such other functions as the Secretary of Defense may prescribe.
(d)
Annual report to Congress
Not later than June 1 each year, the Director of the Office of Local Defense Community Cooperation shall submit to the congressional defense committees a report on the activities of the Office during the preceding year, including the assistance provided pursuant to subsection (c)(1) during such year.
.
(2)
Clerical amendment
The table of sections at the beginning of chapter 4 of such title is amended by adding at the end the following new item:
146. Office of Local Defense Community Cooperation.
.
903.
Modernization of process used by the Department of Defense to identify, task, and manage Congressional reporting requirements
(a)
Analysis required
The Assistant Secretary of Defense for Legislative Affairs shall conduct an analysis of the process used by the Department of Defense to identify reports to Congress required by annual national defense authorization Acts, assign responsibility for preparation of such reports, and manage the completion and delivery of such reports to Congress for the purpose of identifying mechanisms to optimize and otherwise modernize the process.
(b)
Consultation
The Assistant Secretary shall conduct the analysis required by subsection (a) with the assistance of and in consultation with the Chief Data Officer of the Department of Defense and the Director of the Defense Digital Service.
(c)
Elements
The analysis required by subsection (a) shall include the following:
(1) A business process reengineering of the process described in subsection (a).
(2) An assessment of applicable commercially available analytics tools, technologies, and services in connection with such business process reengineering.
(3) Such other actions as the Assistant Secretary considers appropriate for purposes of the analysis.
(d)
Briefing
Not later than November 15, 2020, the Assistant Secretary shall brief the congressional defense committees on the results of the analysis required by subsection (a). The briefing shall address the following:
(1) The results of the analysis and of the business process reengineering described in subsection (c)(1).
(2) A description of the actions being taken, and to be taken, to optimize and otherwise improve the process described in subsection (a).
(3) Such recommendations for administrative and legislative action as the Assistant Secretary considers appropriate to facilitate the optimization and improvement of the process described in subsection (a) as a result of the analysis and the business process reengineering.
(4) Such other matters as the Assistant Secretary considers appropriate in connection with the analysis, the business process reengineering and the optimization and improvement of the process described in subsection (a).
904.
Inclusion of Vice Chief of the National Guard Bureau as an advisor to the Joint Requirements Oversight Council
Section 181(d)(3) of title 10, United States Code, is amended—
(1) in the heading, by inserting and Vice Chief of the National Guard Bureau after of Staff;
(2) by striking of the Chiefs of Staff and inserting
of—
(A) the Chiefs of Staff
;
(3) by striking the period at the end and inserting ; and; and
(4) by adding at the end the following new subparagraph:
(B) the Vice Chief of the National Guard Bureau when matters involving non-Federalized National Guard capabilities in support of homeland defense or civil support missions are under consideration by the Council.
.
905.
Assignment of responsibility for the Arctic region within the Office of the Secretary of Defense
The Assistant Secretary of Defense for International Security Affairs shall assign responsibility for the Arctic region to the Deputy Assistant Secretary of Defense for the Western Hemisphere or any other Deputy Assistant Secretary of Defense the Secretary of Defense considers appropriate.
B
Department of Defense Management Reform
911.
Termination of position of Chief Management Officer of the Department of Defense
(a)
Termination
(1)
In general
The position of Chief Management Officer of the Department of Defense is terminated, effective on the date specified by the Secretary of Defense, which date may not be later than September 30, 2022.
(2)
Notice
The Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a notice on the effective date specified pursuant to paragraph (1).
(b)
Conforming repeal of establishing authority
(1)
In general
Section 132a of title 10, United States Code, is repealed.
(2)
Table of sections
The table of sections at the beginning of chapter 4 of such title is amended by striking the item relating to section 132a.
(3)
Effective date
The amendments made by this subsection shall take effect on the effective date specified pursuant to subsection (a)(1).
912.
Report on assignment of responsibilities, duties, and authorities of Chief Management Officer to other officers or employees of the Department of Defense
(a)
Report
Not later than 45 days before the effective date specified pursuant to section 911(a)(1), 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 following:
(1) The position and title of each officer or employee of the Department of Defense, and the component of such officer or employee, in whom the Secretary will vest responsibility and authority to perform responsibilities and duties, and exercise authorities, assigned to the Chief Management Officer of the Department of Defense, whether by statute or by directive, instruction, policy, or practice of the Department of Defense, on the termination of the position of Chief Management Officer under section 911.
(2) A description of the responsibilities, duties, and authorities, if any, assigned to the Chief Management Officer by statute that the Secretary recommends for discontinuation or modification, and a justification for such recommendation.
(3) A description of the responsibilities, duties, and authorities, if any, assigned to the Chief Management Officer by directive, instruction, policy, or practice of the Department that the Secretary recommends for discontinuation or modification, and a justification for such recommendation.
(4) A description of the general process and timeline for the effective transfer of each responsibility, duty, and authority assigned to the Chief Management Officer by statute or by policy, instruction, or practice of the Department to the officer or employee in whom such responsibility, duty, and authority will be vested as described in paragraph (1).
(5) A description of the manner and timeline in which the resources of the Chief Management Officer, including funding and human capital, will be realigned or repurposed to other organizations in the Office of the Secretary of Defense or to other components of the Department.
(6) A description of the general process and timeline for the assignment of responsibility of each issue under the jurisdiction of the Chief Management Officer current identified by the Comptroller General of the United States as high risk to an officer or employee in the Department who is specifically charged by the Secretary to initiate and sustain progress toward resolution of such issue.
(7) Such recommendations (including recommendations for legislative action) as the Secretary considers appropriate for additional authorities and resources (including funding and human capital resources) necessary to ensure that each officer or employee, in whom the Secretary vests responsibility and authority as described in paragraph (1) is capable of exercising such responsibility and authority effectively.
(8) Such other matters in connection with the termination of the position of Chief Management Officer, and the transition of the responsibilities, duties, and authorities of the Chief Management Officer in connection with such termination, as the Secretary considers appropriate.
(b)
Vesting of certain responsibilities, duties, and authorities in particular officers
In setting forth matters under paragraph (1) of subsection (a), the report required by that subsection shall address, in particular, the following:
(1) Vesting of responsibilities, duties, and authorities of the Chief Management Officer in the Deputy Secretary of Defense in the Deputy Secretary's capacity as the Chief Operating Officer of the Department of Defense for purposes of functions specified in section 1123 of title 31, United States Code.
(2) Vesting of responsibilities, duties, and authorities of the Chief Management Officer in the Performance Improvement Officer of the Department of Defense under section 142a of title 10, United States Code (as added by section 913 of this Act), for purposes of functions specified in section 1124 of title 31, United States Code.
(c)
Other responsibilities, duties and authorities
In addition to any other responsibilities, duties, and authorities of the Chief Management Officer, the report required by subsection (a) shall specifically address responsibilities, duties, and authorities of the Chief Management Officer with respect to the following:
(1) Establishment of policies for, and the direction and management of, enterprise business operations and shared business services of the Department, as set forth in section 132a(b) of title 10, United States Code, and section 921(b) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2222 note).
(2) Exercise of authority, direction, and control over the Defense Agencies and Department of Defense Field Activities for shared business services and budget review, assessment, certification, and reporting, as set forth in subsections (b) and (c) of section 132a of title 10, United States Code, and section 192 of that title.
(3) Minimization of duplication of efforts, maximization of efficiency and effectiveness, and establishment of metrics for performance among and for all components of the Department, as set forth in section 132a(b) of title 10, United States Code.
(4) Issuance and maintenance of guidance on covered defense business systems, development and maintenance of the defense business enterprise architecture, exercise of authorities and responsibilities with respect to common enterprise data, leadership of and matters within the Defense Business Council, and service as the appropriate approval official in the case of certain covered defense business systems and programs, as set forth in section 2222 of title 10, United States Code.
(5) The Financial Improvement and Audit Remediation Plan, as set forth in section 240b of title 10, United States Code.
(6) Receipt of audit reports, as set forth in section 240d of title 10, United States Code.
(7) Discharge by the Department of the annual reviews required by section 11319 of title 40, United States Code.
(8) Business transformation efforts of the defense commissary system and the exchange stores system, as set forth in section 631 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
(9) Analysis of Department business management and operations datasets, as set forth in section 922 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2222 note).
(10) Reviews, reports, and other actions required by sections 924, 925, 926, 927, and 1624 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, to the extent such reviews, reports, and actions have not been completed as of the date of the report under subsection (a).
(11) Science and technology activities in support of business systems information technology acquisition as set forth in section 217 of the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 2445a note).
(12) Relationships with the Chief Management Officers of the military departments, and the development and update of a strategic management plan for the Department, as set forth in section 904 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181) and the amendments made by that section.
913.
Performance Improvement Officer of the Department of Defense
(a)
Performance Improvement Officer
(1)
In general
Chapter 4 of title 10, United States Code, is amended by inserting after section 142 the following new section:
142a.
Performance Improvement Officer of the Department of Defense
(a) There is an Performance Improvement Officer of the Department of Defense, who is designated as provided in section 1124(a)(1) of title 31.
(b) The Performance Improvement Officer shall—
(1) perform the duties and responsibilities, and exercise the powers set forth in section 1124 of title 31; and
(2) perform such additional duties and responsibilities, and exercise such other powers, as the Secretary of Defense and the Deputy Secretary of Defense may prescribe.
(c) Subject to the authority, direction, and control of the Secretary of Defense, the Performance Improvement Officer reports, without intervening authority, directly to the Deputy Secretary of Defense, in the Deputy Secretary's role as the Chief Operating Officer of the Department of Defense under section 1123 of title 31.
(d) The Performance Improvement Officer may communicate views on matters within the responsibility of the Officer directly to the Deputy Secretary of Defense, without obtaining the approval or concurrence of any other officer in the Department of Defense.
.
(2)
Clerical amendment
The table of section at the beginning of chapter 4 of such title is amended by inserting after the item relating to section 142 the following new item:
142a. Performance Improvement Officer of the Department of Defense.
.
(b)
Effective date
(1)
In general
The amendments made by subsection (a) shall take effect on such date as the Secretary of Defense shall specify for purposes of this section, which date may not be later than one day before the effective date specified by the Secretary pursuant to section 911(a)(1).
(2)
Notice
The Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a notice on the effective date specified pursuant to paragraph (1).
914.
Assignment of certain responsibilities and duties to particular officers of the Department of Defense
(a)
Certain responsibilities and duties of Deputy Secretary of Defense
(1)
Chief Operating Officer of the Department of Defense
Section 132 of title 10, United States Code, is amended—
(A) by redesignating subsections (c), (d), and (e) as subsections (d), (e), and (f), respectively; and
(B) by inserting after subsection (b) the following new subsection (c):
(c)
(1) In accordance with section 1123 of title 31, the Deputy Secretary performs the duties, has the responsibilities, and exercises the powers of the Chief Operating Officer of the Department of Defense.
(2) Subject to the authority, direction, and control of the Secretary of Defense, the Deputy Secretary shall supervise the Performance Improvement Officer of the Department of Defense in the Officer's performance of duties and responsibilities specified in section 142a of this title.
.
(2)
Designation of priority defense business systems
Section 2222(h)(5)(B) of such title is amended by striking the Chief Management Officer of the Department of Defense and inserting the Deputy Secretary of Defense, or such other officer of the Department of Defense as the Secretary or the Deputy Secretary may designate,.
(b)
Periodic reviews of Defense Agencies and Department of Defense Field Activities in connection with business enterprise reform
Section 192(c) of such title is amended—
(1) by redesignating paragraph (3), as redesignated by section 923(a)(1) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1930), as paragraph (4);
(2) by redesignating paragraphs (1) and (2), as added by section 923(a)(2) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019, as paragraphs (2) and (3), respectively;
(3) in paragraph (2), as redesignated by paragraph (2) of this subsection—
(A) in subparagraph (A), by striking the Chief Management Officer of the Department of Defense and inserting the Secretary, the Deputy Secretary of Defense, or an officer of the Department of Defense designated by the Secretary or the Deputy Secretary;
(B) in subparagraph (B), by striking the Chief Management Officer and inserting the officer conducting such review; and
(C) in subparagraph (C), by striking the Chief Management Officer and inserting the Secretary; and
(4) in paragraph (3), as so redesignated, by striking the Chief Management Officer each place it appears in subparagraphs (A) and (B) and inserting the officer conducting such review.
(c)
Responsibility of Under Secretary of Defense (Comptroller) for Financial Improvement and Audit Remediation Plan
Subsection (a) of section 240b of such title is amended to read as follows:
(a)
In general
The Under Secretary of Defense (Comptroller) shall, together with such other officers and employees of the Department of Defense as the Secretary of Defense or the Deputy Secretary of Defense may designate, shall maintain a plan to be known as the Financial Improvement and Audit Remediation Plan.
.
(d)
Performance Improvement Officer functions for defense business systems
Section 2222 of such title is amended—
(1) in subsection (e)(6)(C), by inserting and the Performance Improvement Officer of the Department of Defense after The Director of Cost Assessment and Program Evaluation; and
(2) in subsection (f)(2)(B)—
(A) by redesignating clauses (i) through (iii) as clauses (ii) through (iv), respectively; and
(B) by inserting before clause (ii), as redesignated by paragraph (1), the following new clause (i):
(i) The Performance Improvement Officer of the Department of Defense.
.
(e)
Effective date
The amendments made by this section shall take effect on the effective date specified in section 911(a)(1).
915.
Assignment of responsibilities and duties of Chief Management Officer to officers or employees of the Department of Defense to be designated
(a)
Title 10, United States Code
Title 10, United States Code, is amended as follows:
(1) In section 240d(d)(1)(A), by striking the Chief Management Officer of the Department of Defense and inserting any other officer or employee of the Department of Defense that the Secretary of Defense or the Deputy Secretary of Defense may designate for purposes of this section.
(2) Section 2222 is amended—
(A) in subsection (c)(2)—
(i) by striking the Chief Management Officer of the Department of Defense,; and
(ii) by striking and the Chief Management Officer of each of the military departments and inserting the Chief Management Officer of each of the military departments, and other appropriate officers or employees of the Department and its components;
(B) in subsection (e)—
(i) in paragraph (1), by striking the Chief Management Officer of the Department of Defense and inserting such officers or employees of the Department of Defense as the Secretary shall designate;
(ii) in paragraph (6)—
(I) in subparagraph (A)—
(aa) by striking The Chief Management Officer of the Department of Defense and inserting Such officers of the Department of Defense as the Secretary shall designate; and
(bb) by striking the Chief Management Officer and inserting such officers; and
(II) in subparagraph (B), by striking The Chief Management Officer and the Under Secretary of Defense (Comptroller) and inserting The Under Secretary of Defense (Comptroller) and such other officers of the Department as the Secretary shall designate;
(C) in subsection (f)(1), by striking the Chief Management Office and the Chief Information Office of the Department of Defense and inserting the Chief Information Officer of the Department of Defense and such other officers or employees of the Department of Defense as the Secretary may designate; and
(D) in subsection (g)(2), by striking the Chief Management Officer of the Department of Defense each place it appears in subparagraphs (A) and (B)(ii) and inserting an officer or employee of the Department of Defense designated by the Secretary.
(b)
Title 40, United States Code
Section 11319(d)(4) of title 40, United States Code, is amended by striking the Chief Management Officer of the Department of Defense (of any successor to such Officer) and inserting the officer of the Department of Defense designated by the Secretary of Defense or the Deputy Secretary of Defense for such purpose.
(c)
Public Law 116–92
Section 631(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by striking the Chief Management Officer of the Department of Defense and inserting such officer of the Department of Defense as the Secretary of Defense or the Deputy Secretary of Defense may designate.
(d)
Public Law 115–232
The John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232) is amended as follows:
(1) In section 921(b)(1) (10 U.S.C. 2222 note)—
(A) in subparagraph (A), by striking the Chief Management Officer of the Department of Defense and inserting such officer or employee of the Department of Defense as the Secretary of Defense or the Deputy Secretary of Defense shall designate;
(B) in subparagraph (B)—
(i) in the subparagraph heading, by striking CMO;
(ii) by striking the Chief Management Officer the first place it appears and inserting the Secretary shall, acting through such officer or employee of the Department as the Secretary or the Deputy Secretary shall designate; and
(iii) by striking by the Chief Management Officer.
(2) In section 922 (10 U.S.C. 2222 note)—
(A) in subsection (a), by striking The Chief Management Officer of the Department of Defense and inserting An officer or employee of the Department of Defense designated by the Secretary of Defense or the Deputy Secretary of Defense; and
(B) in subsection (b)—
(i) in paragraph (1)—
(I) in the matter preceding subparagraph (A), by striking The Chief Management Officer and inserting The officer or employee designated pursuant to subsection (a); and
(II) in subparagraph (B), by striking The Chief Management Officer and inserting such officer or employee; and
(ii) in paragraph (2), by striking the Chief Management Officer shall take appropriate actions and inserting all appropriate actions shall be taken.
(3) In section 924 (10 U.S.C. 191 note)—
(A) in subsection (a), by striking the Chief Management Officer of the Department of Defense in the matter preceding paragraph (1) and inserting such officer of the Department of Defense as the Secretary or Defense or the Deputy Secretary of Defense shall designate;
(B) in subsection (b)—
(i) in the matter preceding paragraph (1), by striking the Chief Management Officer and inserting the officer designated pursuant to subsection (a); and
(ii) in subparagraph (B), by striking the Chief Management Officer and inserting such officer; and
(C) in subsection (c)—
(i) by striking the Chief Management Officer the first place it appears and inserting the officer designated pursuant to subsection (a); and
(ii) by striking the Chief Management Officer the second place it appears and inserting such officer.
(4) In section 925(a) (132 Stat. 1932), by striking the Chief Management Officer of the Department of Defense in the matter preceding paragraph (1) and inserting such officer of the Department of Defense as the Secretary or Defense or the Deputy Secretary of Defense shall designate.
(5) In section 926(a) (132 Stat. 1932), by striking the Chief Management Officer of the Department of Defense in the matter preceding paragraph (1) and inserting such officer of the Department of Defense as the Secretary or Defense or the Deputy Secretary of Defense shall designate.
(6) In section 927 (132 Stat. 1933)—
(A) in subsection (a), by striking the Chief Management Officer of the Department of Defense and inserting such officer of the Department of Defense as the Secretary or Defense or the Deputy Secretary of Defense shall designate; and
(B) in subsections (c) and (d), by striking the Chief Management Officer each place it appears and inserting the officer designated pursuant to subsection (a).
(7) In section 1624(a) (10 U.S.C. 2222 note)—
(A) in paragraph (1), by striking the Chief Management Officer of the Department of Defense and inserting such officer of the Department of Defense as the Secretary or Defense or the Deputy Secretary of Defense shall designate;
(B) by striking the Chief Management Officer each place it appears in paragraphs (2), (3), and (4) and inserting the officer designated pursuant to paragraph (1); and
(C) by inserting and Security after for Intelligence each place it appears.
(e)
Public Law 114–92
The National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92) is amended as follows:
(1) In section 217—
(A) in subsection (a), by striking the Deputy Chief Management Officer, and the Chief Information Officer and inserting the Chief Information Officer, and any other officer of the Department of Defense designated by the Secretary of Defense or the Deputy Secretary of Defense for such purpose; and
(B) in subsections (b), (f)(1)(A)(ii), and (f)(2)(B), by striking the Deputy Chief Management Officer each place it appears and inserting any officer designated pursuant to subsection (a).
(2) In section 881(a) (10 U.S.C. 2302 note), by striking the Deputy Chief Management Officer,.
(f)
Public Law 110–81
Section 904 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–81; 122 Stat. 273)) is amended—
(1) in subsection (b)(4), by striking the Chief Management Officer and Deputy Chief Management Officer of the Department of Defense and inserting such officer of the Department of Defense as the Secretary of Defense or the Deputy Secretary of Defense shall designate; and
(2) in subsection (d)—
(A) in paragraph (1), by striking the Chief Management Officer of the Department of Defense and inserting such officer of the Department of Defense as the Secretary of Defense or the Deputy Secretary of Defense may designate for purposes of this subsection; and
(B) in paragraph (3), by striking the Chief Management Officer and inserting the officer designated pursuant to paragraph (1).
(g)
Effective date
The amendments made by this section shall take effect on the effective date specified in section 911(a)(1).
916.
Definition of enterprise business operations for title 10, United States Code
Effective on the effective date specified in section 911(a)(1) of this Act, section 101(e) of title 10, United States Code, is amended by adding at the end the following new paragraph:
(9)
Enterprise business operations
The term enterprise business operations—
(A) means activities that constitute cross-cutting business operations used by multiple components of the Department of Defense, but excludes activities that are directly tied to a single military department or Department of Defense component; and
(B) includes business-support functions designated by the Secretary of Defense or the Deputy Secretary of Defense, including aspects of financial management, healthcare, acquisition and procurement, supply chain and logistics, certain information technology, real property, and human resources operations.
.
917.
Annual report on enterprise business operations of the Department of Defense
(a)
Annual report required
Not later than March 31 each year, the Secretary of Defense shall submit to Congress a report that includes the following:
(1) Each proposed budget for the enterprise business operations of a Defense Agency or Department of Defense Field Activity for the fiscal year beginning in the year in which such report is submitted.
(2) An identification of each proposed budget described in paragraph (1) that does not achieve required levels of efficiency and effectiveness for enterprise business operations.
(3) A discussion of the actions that the Secretary proposes to take, including recommendations for legislative action that the Secretary considers appropriate, to address inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets described in paragraph (1).
(4) Any additional comments that the Secretary considers appropriate regarding inadequate levels of efficiency and effectiveness for enterprise business operations achieved by the proposed budgets described in paragraph (1).
(b)
Submittal
The Secretary may submit a report required by subsection (a) through the Deputy Secretary of Defense.
(c)
Enterprise business operations defined
In this section, the term enterprise business operations has the meaning given that term in paragraph (9) of section 101(e) of title 10, United States Code (as added by section 916 of this Act).
918.
Conforming amendments
(a)
Title 10, United States Code
Title 10, United States Code, is amended as follows:
(1) In section 131(b)—
(A) by striking paragraph (2);
(B) by redesignating paragraphs (3) through (9) as paragraphs (2) through (8), respectively; and
(C) in paragraph (7), as redesignated by subparagraph (B)—
(i) by redesignating subparagraphs (A) through (F) as subparagraphs (B) through (G), respectively; and
(ii) by inserting before subparagraph (B), as redesignated by clause (i), the following new subparagraph (A):
(A) The Performance Improvement Officer of the Department of Defense.
.
(2) In section 133a(c)—
(A) in paragraph (1), by striking , the Deputy Secretary of Defense, and the Chief Management Officer of the Department of Defense and inserting and the Deputy Secretary of Defense; and
(B) in paragraph (2), by striking the Chief Management Officer,.
(3) In section 133b(c)—
(A) in paragraph (1), by striking the Chief Management Officer of the Department of Defense,; and
(B) in paragraph (2), by striking the Chief Management Officer,.
(4) In section 137a(d), by striking the Chief Management Officer of the Department of Defense,.
(5) In section 138(d), by striking the Chief Management Officer of the Department of Defense,.
(6) In section 240b(b)(1)(C)(ii), by striking , the Chief Management Officer,.
(b)
Executive Schedule Level II
Section 5313 of title 5, United States Code, is amended by striking the item relating to the Chief Management Officer of the Department of Defense.
(c)
Effective date
The amendments made by this section shall take effect on the effective date specified in section 911(a)(1).
C
Space Force Matters
I
Amendments to Integrate the Space Force Into Law
931.
Clarification of Space Force and Chief of Space Operations authorities
(a)
Composition of Space Force
Section 9081 of title 10, United States Code, is amended by striking subsection (b) and inserting the following new subsection (b):
(b)
Composition
The Space Force consists of—
(1) the Regular Space Force;
(2) all persons appointed or enlisted in, or conscripted into, the Space Force, including those not assigned to units, necessary to form the basis for a complete and immediate mobilization for the national defense in the event of a national emergency; and
(3) all Space Force units and other Space Force organizations, including installations and supporting and auxiliary combat, training, administrative, and logistic elements.
.
(b)
Functions
Section 9081 of title 10, United States Code, is further amended—
(1) by striking subsection (c) and inserting the following new subsection (c):
(c)
Functions
The Space Force shall be organized, trained, and equipped to—
(1) provide freedom of operation for the United States in, from, and to space;
(2) conduct space operations; and
(3) protect the interests of the United States in space.
; and
(2) by striking subsection (d).
(c)
Clarification of Chief of Space Operations authorities
Section 9082 of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) in paragraph (1), by striking general officers of the Air Force and inserting general, flag, or equivalent officers of the Space Force; and
(B) by adding at the end the following new paragraphs:
(3) The President may appoint an officer as Chief of Space Operations only if—
(A) the officer has had significant experience in joint duty assignments; and
(B) such experience includes at least one full tour of duty in a joint duty assignment (as defined in section 664(d) of this title) as a general, flag, or equivalent officer of the Space Force.
(4) The President may waive paragraph (3) in the case of an officer if the President determines such action is necessary in the national interest.
;
(2) in subsection (b), by striking grade of general and inserting grade in the Space Force equivalent to the grade of general in the Army, Air Force, and Marine Corps, or admiral in the Navy; and
(3) in subsection (d)—
(A) in paragraph (4), by striking and at the end;
(B) by redesignating paragraph (5) as paragraph (6); and
(C) by inserting after paragraph (4) the following new paragraph (5):
(5) perform duties prescribed for the Chief of Space Operations by sections 171 and 2547 of this title and other provision of law; and
.
(d)
Repeal of officer career field for space
Section 9083 of title 10, United States Code, is repealed.
(e)
Regular Space Force
Chapter 908 of title 10, United States Code, as amended by subsection (d), is further amended by adding at the end the following new section 9083:
9083.
Regular Space Force: composition
(a)
In general
The Regular Space Force is the component of the Space Force that consists of persons whose continuous service on active duty in both peace and war is contemplated by law, and of retired members of the Regular Space Force.
(b)
Composition
The Regular Space Force includes—
(1) the officers and enlisted members of the Regular Space Force; and
(2) the retired officers and enlisted members of the Regular Space Force.
.
(f)
Table of sections
The table of sections at the beginning of chapter 908 of title 10, United States Code, is amended by striking the item relating to section 9083 and inserting the following new item:
9083. Regular Space Force: composition.
.
932.
Amendments to Department of the Air Force provisions in title 10, United States Code
(a)
Subtitle
(1)
Heading
The heading of subtitle D of title 10, United States Code, is amended to read as follows:
D
Air Force and Space Force
.
(2)
Table of subtitles
The table of subtitles at the beginning of such title is amended is amended by striking the item relating to subtitle D and inserting the following new item:
D.Air Force and Space Force9011
.
(b)
Organization
(1)
Secretary of the Air Force
Section 9013 of title 10, United States Code, is amended—
(A) in subsection (f), by inserting and officers of the Space Force after Officers of the Air Force; and
(B) in subsection (g)(1), by inserting , members of the Space Force, after members of the Air Force.
(2)
Office of the Secretary of the Air Force
Section 9014 of such title is amended—
(A) in subsection (b), by striking paragraph (4) and inserting the following new paragraph (4)
(4) The Inspector General of the Department of the Air Force.
;
(B) in subsection (c)—
(i) in paragraph (1), by striking and the Air Staff and inserting , the Air Staff, and the Office of the Chief of Space Operations;
(ii) in paragraph (2), by inserting or the Office of the Chief of Space Operations after the Air Staff;
(iii) in paragraph (3), by striking to the Chief of Staff and to the Air Staff and all that follows through the end and inserting to the Chief of Staff of the Air Force and the Air Staff, and to the Chief of Space Operations and the Office of the Chief of Space Operations, and shall ensure that each such office or entity provides the Chief of Staff and Chief of Space Operations such staff support as the Chief concerned considers necessary to perform the Chief’s duties and responsibilities.; and
(iv) in paragraph (4)—
(I) by inserting and the Office of the Chief of Space Operations after the Air Staff; and
(II) by inserting and the Chief of Space Operations after Chief of Staff;
(C) in subsection (d)—
(i) in paragraph (1), by striking and the Air Staff and inserting , the Air Staff, and the Office of the Chief of Space Operations;
(ii) in paragraph (2), by inserting and the Office of the Chief of Space Operations after the Air Staff; and
(iii) in paragraph (4), by striking to the Chief of Staff of the Air Force and to the Air Staff and all that follows through the end and inserting to the Chief of Staff of the Air Force and the Air Staff, and to the Chief of Space Operations and the Office of the Chief of Space Operations, and shall ensure that each such office or entity provides the Chief of Staff and Chief of Space Operations such staff support as the Chief concerned considers necessary to perform the Chief’s duties and responsibilities.; and
(D) in subsection (e)—
(i) by striking and the Air Staff and inserting , the Air Staff, and the Office of the Chief of Space Operations; and
(ii) by striking to the other and inserting to any of the others.
(3)
Secretary of the Air Force: successors to duties
Section 9017(4) of such title is amended by inserting before the period the following: of the Air Force and the Chief of Space Operations, in the order prescribed by the Secretary of the Air Force and approved by the Secretary of Defense.
(4)
Inspector General
Section 9020 of such title is amended—
(A) in subsection (a)—
(i) by inserting Department of the after Inspector General of the; and
(ii) by inserting or the general, flag, or equivalent officers of the Space Force after general officers of the Air Force;
(B) in subsection (b)—
(i) in the matter preceding paragraph (1), by striking or the Chief of Staff and inserting , the Chief of Staff of the Air Force, or the Chief of Space Operations;
(ii) in paragraph (1), by inserting Department of the before Air Force; and
(iii) in paragraph (2), by striking or the Chief of Staff and inserting , the Chief of Staff, or the Chief of Space Operations ; and
(C) in subsection (e), by inserting or the Space Force before for a tour of duty.
(5)
The Air Staff: function; composition
Section 9031(b)(8) of such title is amended by inserting or the Space Force after of the Air Force.
(6)
Surgeon General: appointment; duties
Section 9036(b) of such title is amended—
(A) in paragraph (1), by striking Secretary of the Air Force and the Chief of Staff of the Air Force on all health and medical matters of the Air Force and inserting Secretary of the Air Force, the Chief of Staff of the Air Force, and the Chief of Space Operations on all health and medical matters of the Air Force and the Space Force; and
(B) in paragraph (2)—
(i) by inserting and the Space Force after of the Air Force the first place it appears; and
(ii) by inserting and members of the Space Force after of the Air Force the second place it appears.
(7)
Judge Advocate General, deputy judge advocate general: appointment; duties
Section 9037 of such title is amended—
(A) in subsection (e)(2)(B), by inserting or the Space Force after of the Air Force; and
(B) in subsection (f)(1), by striking the Secretary of the Air Force or the Chief of Staff of the Air Force and inserting the Secretary of the Air Force, the Chief of Staff of the Air Force, or the Chief of Space Operations.
(8)
Chief of chaplains: appointment; duties
Section 9039(a) of such title is amended by striking in the Air Force and inserting for the Air Force and the Space Force.
(9)
Provision of certain professional functions for the space force
Section 9063 of such title is amended—
(A) in subsections (a) through (i), by striking in the Air Force each place it appears and inserting in the Air Force and the Space Force; and
(B) in subsection (i), as amended by subparagraph (A), by inserting or the Space Force after members of the Air Force.
(c)
Personnel
(1)
Gender-free basis for acceptance of original enlistments
(A)
In general
Section 9132 of title 10, United States Code, is amended by inserting or the Regular Space Force after Regular Air Force.
(B)
Heading
The heading of such section 9132 is amended to read as follows:
9132.
Regular Air Force and Regular Space Force: gender-free basis for acceptance of original enlistments
.
(C)
Table of sections
The table of sections at the beginning of chapter 913 of such title is amended by striking the item relating to section 9132 and inserting the following new item:
9132. Regular Air Force and Regular Space Force: gender-free basis for acceptance of original enlistments.
.
(2)
Reenlistment after service as an officer
(A)
In general
Section 9138 of such title is amended in subsection (a)—
(i) by inserting or the Regular Space Force after Regular Air Force both places it appears; and
(ii) by inserting or the Space Force after officer of the Air Force both places it appears.
(B)
Heading
The heading of such section 9132 is amended to read as follows:
9132.
Regular Air Force and Regular Space Force: reenlistment after service as an officer
.
(C)
Table of sections
The table of sections at the beginning of chapter 913 of such title, as amended by paragraph (1)(C), is further by striking the item relating to section 9138 and inserting the following new item:
9138. Regular Air Force and Regular Space Force: reenlistment after service as an officer.
.
(3)
Appointments in the Regular Air Force and Regular Space Force
(A)
In general
Section 9160 of such title is amended—
(i) by inserting or the Regular Space Force after Regular Air Force; and
(ii) by inserting or the Space Force before the period.
(B)
Chapter heading
The heading of chapter 915 of such title is amended to read as follows:
915
Appointments in the Regular Air Force and the Regular Space Force
.
(C)
Tables of chapters
The table of chapters at the beginning of subtitle D of such title, and at the beginning of part II of subtitle D of such title, are each amended by striking the item relating to chapter 915 and inserting the following new item:
915.Appointments in the Regular Air Force and the Regular Space Force9151
.
(4)
Retired commissioned officers: status
Section 9203 of such title is amended by inserting or the Space Force after the Air Force.
(5)
Duties: chaplains; assistance required of commanding officers
Section 9217(a) of such title is amended by inserting or the Space Force after the Air Force.
(6)
Rank: commissioned officers serving under temporary appointments
Section 9222 of such title is amended by inserting or the Space Force after the Air Force both places it appears.
(7)
Requirement of exemplary conduct
Section 9233 of such title is amended—
(A) in the matter preceding paragraph (1), by inserting and in the Space Force after the Air Force; and
(B) in paragraphs (3) and (4), by inserting or the Space Force, respectively after the Air Force.
(8)
Enlisted members: officers not to use as servants
Section 9239 of such title is amended by inserting or the Space Force after Air Force both places it appears.
(9)
Presentation of United States flag upon retirement
Section 9251(a) of such title is amended by inserting or the Space Force after member of the Air Force.
(10)
Service credit: regular enlisted members; service as an officer to be counted as enlisted service
Section 9252 of such title is amended—
(A) by inserting or the Regular Space Force after Regular Air Force; and
(B) by inserting in the Space Force, after in the Air Force,.
(11)
When Secretary may require hospitalization
Section 9263 of such title is amended by inserting or the Space Force after member of the Air Force.
(12)
Decorations and awards
(A)
In general
Chapter 937 of such title is amended by inserting or the Space Force after the Air Force each place it appears in the following provisions:
(i) Section 9271.
(ii) Section 9272.
(iii) Section 9273.
(iv) Section 9276.
(v) Section 9281 other than the first place it appears in subsection (a).
(vi) Section 9286(a) other than the first place it appears.
(B)
Medal of honor; Air Force Cross; distinguished-service medal: delegation of power to award
Section 9275 of such title is amended by inserting before the period at the end the following: , or to an equivalent commander of a separate space force or higher unit in the field.
(13)
Twenty years or more: regular or reserve commissioned officers
Section 9311(a) of such title is amended by inserting or the Space Force after officer of the Air Force.
(14)
Twenty to thirty years: enlisted members
Section 9314 of such title is amended by inserting or the Space Force after member of the Air Force.
(15)
Thirty years or more: regular enlisted members
Section 9317 of such title is amended by inserting or the Space Force after Air Force.
(16)
Thirty years or more: regular commissioned officers
Section 9318 of such title is amended by inserting or the Space Force after Air Force.
(17)
Forty years or more: air force officers
(A)
In general
Section 9324 of such title is amended in subsections (a) and (b) by inserting or the Space Force after Air Force.
(B)
Heading
The heading of such section 9324 is amended to read as follows:
9324.
Forty years or more: Air Force officers and Space Force officers
.
(C)
Table of sections amendment
The table of sections at the beginning of chapter 941 of such title is amended by striking the item relating to section 9324 and inserting the following new item:
9324. Forty years or more: Air Force officers and Space Force officers.
.
(18)
Computation of years of service: voluntary retirement; enlisted members
Section 9325(a) of such title is amended by inserting or the Space Force after Air Force.
(19)
Computation of years of service: voluntary retirement; regular and reserve commissioned officers
(A)
In general
Section 9326(a) of such title is amended—
(i) in the matter preceding paragraph (1), by inserting or the Space Force after of the Air Force; and
(ii) in paragraph (1), by striking or the Air Force and inserting , the Air Force, or the Space Force.
(B)
Technical amendments
Such section 9326(a) is further amended by striking his each place it appears and inserting the officer's.
(20)
Computation of retired pay: law applicable
Section 9329 of such title is amended by inserting or the Space Force after Air Force.
(21)
Retired grade
(A)
Higher grade after 30 years of service: warrant officers and enlisted members
Section 9344 of such title is amended—
(i) in subsection (a), by inserting or the Space Force after member of the Air Force; and
(ii) in subsection (b)—
(I) in paragraphs (1) and (3), by inserting or the Space Force after Air Force each place it appears; and
(II) in paragraph (2), by inserting or the Regular Space Force after Regular Air Force.
(B)
Restoration to former grade: retired warrant officers and enlisted members
Section 9345 of such title is amended by inserting or the Space Force after member of the Air Force.
(C)
Retired lists
Section 9346 of such title is amended—
(i) in subsections (a) and (d), by inserting or the Regular Space Force after Regular Air Force;
(ii) in subsection (b)(1), by inserting before the semicolon the following: , or for commissioned officers of the Space Force other than of the Regular Space Force; and
(iii) in subsections (b)(2) and (c), by inserting or the Space Force after Air Force.
(22)
Recomputation of retired pay to reflect advancement on retired list
Section 9362(a) of such title is amended by inserting or the Space Force after Air Force.
(23)
Fatality reviews
Section 9381(a) of such title is amended in paragraphs (1), (2), and (3) by inserting or the Space Force after Air Force.
(d)
Training
(1)
Members of Air Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals
(A)
In general
Section 9401 of title 10, United States Code, is amended—
(i) in subsection (a), by inserting and members of the Space Force after members of the Air Force;
(ii) in subsection (b), by inserting or the Regular Space Force after Regular Air Force;
(iii) in subsection (c),by inserting or Reserve of the Space Force after Reserve of the Air Force;
(iv) in subsection (e), by inserting or the Space Force after Air Force; and
(v) in subsection (f)—
(I) by inserting or the Regular Space Force after Regular Air Force; and
(II) by inserting or the Space Force Reserve after the reserve components of the Air Force.
(B)
Technical amendments
Subsection (c) of such section 9401 is further amended—
(i) by striking his and inserting the Reserve's; and
(ii) by striking he and inserting the Reserve,
(C)
Heading
The heading of such section 9401 is amended to read as follows:
9401.
Members of Air Force and Space Force: detail as students, observers and investigators at educational institutions, industrial plants, and hospitals
.
(D)
Table of sections
The table of sections at the beginning of chapter 951 of such title is amended by striking the item relating to section 9401 and inserting the following new item:
9401. Members of Air Force and Space Force: detail as students, observers, and investigators at educational institutions, industrial plants, and hospitals.
.
(2)
Enlisted members of Air Force: schools
(A)
In general
Section 9402 of such title is amended—
(i) in subsection (a)—
(I) in the first sentence, by inserting and enlisted members of the Space Force after members of the Air Force; and
(II) in the third sentence, by inserting and Space Force officers after Air Force officers; and
(ii) in subsection (b), by inserting or the Space Force after Air Force each place it appears.
(B)
Heading
The heading of such section 9402 is amended to read as follows:
9402.
Enlisted members Air Force or Space Force: schools
.
(C)
Table of sections
The table of sections at the beginning of chapter 951 of such title is amended by striking the item relating to section 9402 and inserting the following new item:
9402. Enlisted members of Air Force or Space Force: schools.
.
(3)
Service schools: leaves of absence for instructors
Section 9406 of such title is amended by inserting or Space Force after Air Force.
(4)
Degree granting authority for United States Air Force Institute of Technology
Section 9414(d)(1) of such title is amended by inserting or the Space Force after needs of the Air Force.
(5)
United States Air Force Institute of Technology: administration
Section 9414b(a)(2) is amended—
(A) by inserting or the Space Force after the Air Force each place it appears; and
(B) in subparagraph (B), by inserting or the equivalent grade in the Space Force after brigadier general.
(6)
Community College of the Air Force: associate degrees
Section 9415 of such title is amended—
(A) in subsection (a) in the matter preceding paragraph (1), by striking in the Air Force and inserting in the Department of the Air Force; and
(B) in subsection (b)—
(i) in paragraph (1), by inserting or the Space Force after Air Force;
(ii) in paragraph (2), by striking other than and all that follows through the end and inserting other than the Air Force or the Space Force who are serving as instructors at Department of the Air Force training schools.; and
(iii) in paragraph (3), by inserting or the Space Force after Air Force.
(7)
Air Force Academy establishment; superintendent; faculty
Section 9431(a) of such title is amended by striking Air Force cadets and inserting cadets.
(8)
Air Force Academy superintendent; faculty: appointment and detail
Section 9433(a) of such title is amended by inserting or the Space Force after Air Force.
(9)
Air Force Academy permanent professors; director of admissions
(A)
In general
Section 9436 of such title is amended—
(i) in subsection (a)—
(I) in the first sentence, by inserting in the Air Force or the equivalent grade in the Space Force after colonel;
(II) in the second sentence, by inserting and a permanent professor appointed from the Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force after grade of colonel; and
(III) in the third sentence, by inserting in the Air Force or the equivalent grade in the Space Force after lieutenant colonel; and
(ii) in subsection (b)—
(I) in the first sentence, in the Air Force or the equivalent grade in the Space Force after colonel each place it appears; and
(II) in the second sentence, by inserting and a person appointed from the Regular Space Force has the grade equivalent to the grade of colonel in the Regular Air Force after grade of colonel.
(B)
Technical amendments
Subsections (a) and (b) of such section 9436 are further amended by striking he each place it appears and inserting such person.
(10)
Cadets: appointment; numbers, territorial distribution
(A)
In general
Section 9442 of such title is amended—
(i) by striking Air Force Cadets each place it appears and inserting cadets; and
(ii) in subsection (b)(2), by inserting or the Regular Space Force after Regular Air Force.
(B)
Technical amendment
Subsection (b)(4) of such section 9442 is amended by striking him and inserting the Secretary.
(11)
Cadets: agreement to serve as officer
Section 9448(a) of such title is amended—
(A) in paragraph (2)(A), by inserting or the Regular Space Force after Regular Air Force; and
(B) in paragraph (3)(A), by inserting before the semicolon the following: or as a Reserve in the Space Force for service in the Space Force Reserve.
(12)
Cadets: organization; service; instruction
Section 9449 of such title is amended by striking subsection (d).
(13)
Cadets: hazing
Section 9452(c) of such title is amended—
(A) by striking an Air Force cadet and inserting a cadet; and
(B) by striking or Marine Corps and inserting Marine Corps, or Space Force.
(14)
Cadets: degree and commission on graduation
Section 9453(b) of such title is amended by inserting or in the equivalent grade in the Regular Space Force after Regular Air Force.
(15)
Support of athletic programs
Section 9462(c)(2) of such title is amended by striking personnel of the Air Force and inserting personnel of the Department of the Air Force.
(16)
Schools and camps: establishment: purpose
Section 9481 of such title is amended—
(A) by inserting , the Space Force, after members of the Air Force,; and
(B) by inserting or the Space Force Reserve after the Air Force Reserve.
(17)
Schools and camps: operation
Section 9482 of such title is amended—
(A) in paragraph (4), by inserting or the Regular Space Force after Regular Air Force; and
(B) in paragraph (7), in the matter preceding subparagraph (A), by inserting or Space Force after Air Force.
(e)
Service, supply, and procurement
(1)
Equipment: bakeries, schools, kitchens, and mess halls
Section 9536 of title 10, United States Code, is amended in the matter preceding paragraph (1) by inserting or the Space Force after the Air Force.
(2)
Rations
Section 9561 of such title is amended—
(A) in subsection (a)—
(i) in the first sentence, by inserting and the Space Force ration after the Air Force ration; and
(ii) in the second sentence, by inserting or the Space Force after the Air Force; and
(B) in subsection (b), by inserting or the Space Force after the Air Force.
(3)
Clothing
Section 9562 of such title is amended by inserting and members of the Space Force after the Air Force.
(4)
Clothing: replacement when destroyed to prevent contagion
Section 9563 of such title is amended by inserting or the Space Force after member of the Air Force.
(5)
Colors, standards, and guidons of demobilized organizations: disposition
Section 9565 of such title is amended—
(A) in subsection (a), in the matter preceding paragraph (1), by inserting or the Space Force after organizations of the Air Force; and
(B) in subsection (b), by inserting or the Space Force after the Air Force.
(6)
Utilities: proceeds from overseas operations
Section 9591 of such title is amended by inserting or the Space Force after the Air Force.
(7)
Quarters: heat and light
Section 9593 of such title is amended by inserting and members of the Space Force after the Air Force.
(8)
Air Force Military History Institute: fee for providing historical information to the public
(A)
In general
Section 9594 of such title is amended—
(i) in subsections (a) and (d), by inserting Department of the before Air Force Military History each place it appears; and
(ii) in subsection (e)(1)—
(I) by inserting Department of the before Air Force Military History; and
(II) by inserting and the Space Force after materials of the Air Force.
(B)
Heading
The heading of such section 9594 is amended to read as follows:
9594.
Department of the Air Force Military History Institute: fee for providing historical information to the public
.
(C)
Table of sections
The table of sections at the beginning of chapter 967 of such title is amended by striking the item relating to section 9594 and inserting the following new item:
9594. Department of the Air Force Military History Institute: fee for providing historical information to the public.
.
(9)
Subsistence and other supplies: members of armed forces; veterans; executive or military departments and employees; prices
Section 9621 of such title is amended—
(A) in subsection (a)—
(i) in paragraph (1), by inserting and members of the Space Force after the Air Force; and
(ii) in paragraph (2), by inserting and officers of the Space Force after the Air Force;
(B) in subsection (b), by inserting or the Space Force after the Air Force;
(C) in subsection (c), by inserting or the Space Force after the Air Force;
(D) in subsection (d), by striking or Marine Corps and inserting Marine Corps, or Space Force;
(E) in subsection (e)—
(i) by inserting or the Space Force after the Air Force the first place it appears; and
(ii) by inserting or the Space Force, respectively after the Air Force the second place it appears;
(F) in subsection (f), by inserting or the Space Force after the Air Force; and
(G) in subsection (h)—
(i) by inserting or the Space Force after the Air Force the first place it appears; and
(ii) by inserting or members of the Space Force after members of the Air Force.
(10)
Rations: commissioned officers in field
Section 9622 of such title is amended by inserting and commissioned officers of the Space Force after officers of the Air Force.
(11)
Medical supplies: civilian employees of the Air Force
Section 9624(a) of such title is amended—
(A) by striking air base and inserting Air Force or Space Force military installation; and
(B) by striking Air Force when and inserting Department of the Air Force when.
(12)
Ordnance property: officers of armed forces; civilian employees of air force
(A)
In general
Section 9625 of such title is amended—
(i) in subsection (a), by inserting or the Space Force after officers of the Air Force; and
(ii) in subsection (b), by striking the Air Force and inserting the Department of the Air Force.
(B)
Heading
The heading of such section is amended to read as follows:
9625.
Ordnance property: officers of the armed forces; civilian employees of the Department of the Air Force; American National Red Cross; educational institutions; homes for veterans' orphans
.
(C)
Table of sections
The table of sections at the beginning of chapter 969 of such title is amended by striking the item relating to section 9625 and inserting the following new item:
9625. Ordnance property: officers of the armed forces; civilian employees of the Department of the Air Force; American National Red Cross; educational institutions; homes for veterans' orphans.
.
(13)
Supplies: educational institutions
Section 9627 of such title is amended—
(A) by inserting or the Space Force after for the Air Force;
(B) by inserting or the Space Force after officer of the Air Force; and
(C) by striking air science and tactics and inserting science and tactics.
(14)
Supplies: military instruction camps
Section 9654 of such title is amended—
(A) by inserting or Space Force after an Air Force; and
(B) by striking air science and tactics and inserting science and tactics.
(15)
Disposition of effects of deceased persons by summary court-martial
Section 9712(a)(1) of such title is amended by inserting or the Space Force after the Air Force.
(16)
Acceptance of donations: land for mobilization, training, supply base, or aviation field
(A)
In general
Section 9771 of such title is amended in paragraph (2) by inserting or space mission-related facility after aviation field.
(B)
Heading
The heading of such section 9771 is amended to read as follows:
9771.
Acceptance of donations: land for mobilization, training, supply base, aviation field, or space mission-related facility
.
(C)
Table of sections
The table of sections at the beginning of chapter 979 of such title is amended by striking the item relating to section 9771 and inserting the following new item:
9771. Acceptance of donations: land for mobilization, training, supply base, aviation field, or space mission-related facility.
.
(17)
Acquisition and construction: air bases and depots
(A)
In general
Section 9773 of such title is amended—
(i) in subsection (a)—
(I) by striking permanent air bases and inserting permanent Air Force and Space Force military installations;
(II) by striking existing air bases and inserting existing installations; and
(III) by inserting or the Space Force after training of the Air Force;
(ii) in subsections (b) and (c), by striking air bases each place it appears and inserting installations;
(iii) in subsection (b)(7), by inserting or Space Force after Air Force;
(iv) in subsection (c)—
(I) in paragraph (1), by inserting or Space Force after Air Force; and
(II) in paragraphs (3) and (4), by inserting or the Space Force after the Air Force both places it appears; and
(v) in subsection (f), by striking air base and inserting installation.
(B)
Heading
The heading of such section 9773 is amended to read as follows:
9773.
Acquisition and construction: installations and depots
.
(C)
Table of sections
The table of sections at the beginning of chapter 979 of such title is amended by striking the item relating to section 9773 and inserting the following new item:
9773. Acquisition and construction: installations and depots.
.
(18)
Emergency construction: fortifications
Section 9776 of such title is amended by striking air base and inserting installation.
(19)
Use of public property
Section 9779 of such title is amended—
(A) in subsection (a), by inserting or the Space Force after economy of the Air Force; and
(B) in subsection (b), by inserting or the Space Force after support of the Air Force.
(20)
Disposition of real property at missile sites
Section 9781(a)(2) of such title is amended—
(A) in the matter preceding subparagraph (A), by striking Air Force and inserting Department of the Air Force;
(B) in subparagraph (A), by striking Air Force the first two places it appears and inserting Department of the Air Force; and
(C) in subparagraph (C), by striking Air Force and inserting Department of the Air Force.
(21)
Maintenance and repair of real property
Section 9782 of such title is amended in subsections (c) and (d) by inserting or the Space Force after the Air Force both places it appears.
(22)
Settlement of accounts: remission or cancellation of indebtedness of members
Section 9837(a) of such title is amended by inserting or the Space Force after member of the Air Force.
(23)
Final settlement of officer’s accounts
(A)
In general
Section 9840 of such title is amended by inserting or the Space Force after Air Force.
(B)
Technical amendments
Such section 9840 is further amended—
(i) by striking he each place it appears and inserting the officer; and
(ii) by striking his each place it appears and inserting the officer's.
(24)
Payment of small amounts to public creditors
Section 9841 of such title is amended by inserting or Space Force after official of Air Force.
(25)
Settlement of accounts of line officers
Section 9842 of such title is amended by inserting or the Space Force after Air Force.
(f)
Service of incumbents in certain positions without reappointment
(1)
In general
The individual serving in a position under a provision of law specified in paragraph (2) as of the date of the enactment of this Act may continue to serve in such position after that date without further appointment as otherwise provided by such provision of law, notwithstanding the amendment of such provision of law by subsection (b).
(2)
Provisions of law
The provisions of law specified in this paragraph are the provisions of title 10, United States Code, as follows:
(A) Section 9020, relating to the Inspector General of the Department of the Air Force.
(B) Section 9036. relating to the Surgeon General of the Air Force.
(C) Section 9037(a), relating to the Judge Advocate General of the Air Force.
(D) Section 9037(d), relating to the Deputy Judge Advocate General of the Air Force.
(E) Section 9039, relating to the Chief of Chaplains for the Air Force and the Space Force.
933.
Amendments to other provisions of title 10, United States Code
(a)
Definitions
Section 101(b)(13) of title 10, United States Code, is amended in paragraph (13), by striking or Marine Corps and inserting Marine Corps, or Space Force.
(b)
Other provisions of subtitle A
(1)
Space Force I
Subtitle A of title 10, United States Code, as amended by subsection (a), is further amended by striking and Marine Corps each place it appears and inserting Marine Corps, and Space Force in the following provisions:
(A) Section 116(a)(1) in the matter preceding subparagraph (A).
(B) Section 533(a)(2).
(C) Section 646.
(D) Section 661(a).
(E) Section 712(a).
(F) Section 717(c)(1).
(G) Subsections (c) and (d) of section 741.
(H) Section 743.
(I) Section 1111(b)(4).
(J) Subsections (a)(2)(A) and (c)(2)(A)(ii) of section 1143.
(K) Section 1174(j).
(L) Section 1463(a)(1).
(M) Section 1566.
(N) Section 2217(c)(2).
(O) Section 2259(a).
(P) Section 2640(j).
(2)
Space Force II
(A)
In general
Such subtitle is further amended by striking Marine Corps, each place it appears and inserting Marine Corps, Space Force, in the following provisions:
(i) Section 123(a).
(ii) Section 172(a).
(iii) Section 518.
(iv) Section 747.
(v) Section 749.
(vi) Section 1552(c)(1).
(vii) Section 2632(c)(2)(A).
(viii) Section 2686(a).
(ix) Section 2733(a).
(B)
Heading
The heading of section 747 of such title is amended to read as follows:
747.
Command: when different commands of Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard join
.
(C)
Table of sections
The table of sections at the beginning of chapter 43 of such title is amended by striking the item relating to section 747 and inserting the following new item:
747. Command: when different commands of Army, Navy, Air Force, Marine Corps, Space Force, and Coast Guard join.
.
(3)
Space Force III
Such subtitle is further amended by striking or Marine Corps each place it appears and inserting Marine Corps, or Space Force in the following provisions:
(A) Section 125(b).
(B) Section 541(a).
(C) Section 601(a).
(D) Section 603(a).
(E) Section 619(a).
(F) Section 619a(a).
(G) Section 624(c).
(H) Section 625(b).
(I) Subsections (a) and (d) of section 631.
(J) Section 632(a).
(K) Section 637(a)(2).
(L) Section 638(a).
(M) Section 741(d).
(N) Section 771.
(O) Section 772.
(P) Section 773.
(Q) Section 1123.
(R) Section 1143(d).
(S) Section 1174(a)(2).
(T) Section 1251(a).
(U) Section 1252(a).
(V) Section 1253(a).
(W) Section 1375.
(X) Section 1413a(h).
(Y) Section 1551.
(Z) Section 1561(a).
(AA) Section 1731(a)(1)(A)(ii).
(BB) Section 2102(a).
(CC) Section 2103a(a)(2).
(DD) Section 2104(b)(5).
(EE) Section 2107.
(FF) Section 2421.
(GG) Section 2631(a).
(HH) Section 2787(a).
(4)
Regular Space Force I
Such subtitle is further amended by striking or Regular Marine Corps each place it appears and inserting Regular Marine Corps, or Regular Space Force in the following provisions:
(A) Section 531(c).
(B) Section 532(a) in the matter preceding paragraph (1).
(C) Subsections (a)(1), (b)(1), and (f) of section 533.
(D) Section 633(a).
(E) Section 634(a).
(F) Section 635.
(G) Section 636(a).
(H) Section 647(c).
(I) Section 688(b)(1).
(J) Section 1181.
(5)
Regular Space Force II
Such subtitle is further amended by striking Regular Marine Corps, each place it appears and inserting Regular Marine Corps, Regular Space Force, in the following provisions:
(A) Section 505.
(B) Section 506.
(C) Section 508.
(6)
Transfer, etc. of functions, powers, and duties
Section 125(b) of such title, as amended by paragraph (3)(A), is further amended by striking or 9062(c) and inserting 9062(c), or 9081.
(7)
Joint Staff matters
(A)
Appointment of Chairman; grade and rank
Section 152 of such title is amended—
(i) in subsection (b)(1)(C), by striking or the Commandant of the Marine Corps and inserting the Commandant of the Marine Corps, or the Chief of Space Operations; and
(ii) in subsection (c), by striking or, in the case of the Navy, admiral and inserting , in the case of the Navy, admiral, or, in the case of an officer of the Space Force, the equivalent grade,.
(B)
Inclusion of Space Force on Joint Staff
Section 155(a) of such title is amended—
(i) in paragraph (2) by inserting the Space Force and before the Coast Guard;
(ii) by redesignating paragraph (3) as paragraph (4); and
(iii) by inserting after paragraph (2) the following new paragraph (3):
(3) Officers of the Space Force assigned to serve on the Joint Staff shall be selected by the Chairman in a number that, to the extent practicable, bears the same proportion to the numbers of officers of the armed forces selected under paragraph (2) as the number of Regular members of the Space Force bears to the number of Regular members of the armed forces specified in that paragraph (with the Navy and the Marine Corps treated as a single armed force for purposes of this paragraph).
.
(8)
Armed Forces Policy Council
Section 171(a) of such title is amended—
(A) in paragraph (15), by striking and;
(B) in paragraph (16), by striking the period and inserting ; and; and
(C) by adding at the end the following new paragraph:
(17) the Chief of Space Operations.
.
(9)
Joint Requirements Oversight Council
Section 181(c)(1) of such title is amended by adding at the end the following new subparagraph:
(F) A Space Force officer in the grade equivalent to the grade of general in the Army, Air Force, or Marine Corps, or admiral in the Navy.
.
(10)
Unfunded priorities
Section 222a(b) of such title is amended—
(A) by redesignating paragraph (5) as paragraph (6); and
(B) by inserting after paragraph (4) the following new paragraph:
(5) The Chief of Space Operations.
.
(11)
Theater security cooperation expenses
Section 312(b)(3) of such title is amended by inserting the Chief of Space Operations, after the Commandant of the Marine Corps,.
(12)
Western Hemisphere Institute
Section 343(e)(1)(E) of such title is amended by inserting or Space Force after for the Air Force.
(13)
Original appointments of commissioned officers
Section 531(a) of such title is amended—
(A) in paragraph (1), by striking and in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy and inserting in the grades of ensign, lieutenant (junior grade), and lieutenant in the Regular Navy, and in the equivalent grades in the Regular Space Force; and
(B) in paragraph (2), by striking and in the grades of lieutenant commander, commander, and captain in the Regular Navy and inserting in the grades of lieutenant commander, commander, and captain in the Regular Navy, and in the equivalent grades in the Regular Space Force.
(14)
Service credit upon original appointment as a commissioned officer
Section 533(b)(2) of such title is amended by striking or captain in the Navy and inserting , captain in the Navy, or an equivalent grade in the Space Force.
(15)
Senior joint officer positions: recommendations to the Secretary of Defense
Section 604(a)(1)(A) of such title is amended by inserting and the name of at least one Space Force officer after Air Force officer.
(16)
Force shaping authority
Section 647(a)(2) of such title is amended by striking of that armed force.
(17)
Members: required service
Section 651(b) of such title is amended by striking of his armed force.
(18)
Career flexibility to enhance retention of members
Section 710(c)(1) of such title is amended by striking the armed force concerned and inserting an armed force.
(19)
Senior Members of Military Staff Committee of United Nations
Section 711 of such title is amended by inserting or the Space Force after Air Force.
(20)
Rank: Chief of Space Operations
(A)
In general
Section 743 of such title is amended by striking and the Commandant of the Marine Corps and inserting the Commandant of the Marine Corps, and the Chief of Space Operations.
(B)
Heading
The heading of such section 743 is amended to read as follows:
743.
Rank: Chief of Staff of the Army; Chief of Naval Operations; Chief of Staff of the Air Force; Commandant of the Marine Corps; Chief of Space Operations
.
(C)
Table of sections
The table of sections at the beginning of chapter 43 of such title is amended by striking the item relating to section 743 and inserting the following new item:
743. Rank: Chief of Staff of the Army; Chief of Naval Operations; Chief of Staff of the Air Force; Commandant of the Marine Corps; Chief of Space Operations.
.
(21)
Uniform Code of Military Justice
Chapter 47 of such title (the Uniform Code of Military Justice) is amended—
(A) in section 822(a)(7) (article 22(a)(7)), by striking Marine Corps and inserting Marine Corps, or the commanding officer of a corresponding unit of the Space Force;
(B) in section 823(a) (article 23(a))—
(i) in paragraph (2)—
(I) by striking Air Force base and inserting Air Force or Space Force military installation; and
(II) by striking or the Air Force and inserting the Air Force, or the Space Force; and
(ii) in paragraph (4), by inserting or a corresponding unit of the Space Force after Air Force; and
(C) in section 824(a)(3) (article 24(a)(3)), by inserting or a corresponding unit of the Space Force after Air Force.
(22)
Service as cadet or midshipman not counted for length of service
Section 971(b)(2) of such title is amended by striking or Air Force and inserting , Air Force, or Space Force.
(23)
Referral bonus
Section 1030(h)(3) of such title is amended by inserting and the Space Force after concerning the Air Force.
(24)
Return to active duty from temporary disability
Section 1211(a) of such title is amended—
(A) in the matter preceding paragraph (1), by striking or the Air Force and inserting , the Air Force, or the Space Force; and
(B) in paragraph (6)—
(i) by striking or the Air Force, who and inserting the Air Force, or the Space Force who; and
(ii) by striking or the Air Force, as and inserting the Air Force, or the Space Force, as.
(25)
Years of service
Section 1405(c) of such title is amended by striking or Air Force and inserting , Air Force, or Space Force.
(26)
Retired pay base for persons who became members before September 8, 1980
Section 1406 of such title is amended—
(A) in the heading of subsection (e), by inserting and Space Force after Air Force; and
(B) in subsection (i)(3)—
(i) in subparagraph (A)—
(I) by redesignating clause (v) as clause (vi); and
(II) by inserting after clause (iv) the following new clause (v):
(v) Chief of Space Operations.
; and
(ii) in subparagraph (B)—
(I) by redesignating clause (v) as clause (vi); and
(II) by inserting after clause (iv) the following new clause (v):
(v) The senior enlisted advisor of the Space Force.
.
(27)
Special requirements for military personnel in the acquisition field
(A)
In general
Section 1722a(a) of such title is amended by striking and the Commandant of the Marine Corps (with respect to the Army, Navy, Air Force, and Marine Corps, respectively) and inserting , the Commandant of the Marine Corps, and the Chief of Space Operations (with respect to the Army, Navy, Air Force, Marine Corps, and Space Force, respectively).
(B)
Clarifying amendment
Such section 1722a(a) is further amended by striking the Under Secretary of Defense for Acquisition, Technology, and Logistics and inserting the Under Secretary of Defense for Acquisition and Sustainment.
(28)
Senior military acquisition advisors
Section 1725(e)(1)(C) of such title is amended by inserting and Space Force before the period.
(29)
Military family readiness council
Section 1781a(b)(1) of such title is amended by striking Marine Corps, and Air Force each place it appears and inserting Air Force, Marine Corps, and Space Force.
(30)
Financial assistance program for specially selected members
Section 2107 of such title is amended—
(A) in subsection (a)—
(i) by striking or as a and inserting , as a; and
(ii) by inserting or as an officer in the equivalent grade in the Space Force after Marine Corps,;
(B) in subsection (b)—
(i) in paragraph (3), by striking the reserve component of the armed force in which he is appointed as a cadet or midshipman and inserting the reserve component of an armed force; and
(ii) in paragraph (5), by striking reserve component of that armed force each place it appears and inserting reserve component of an armed force; and
(C) in subsection (d), by striking second lieutenant or ensign and inserting second lieutenant, ensign, or an equivalent grade in the Space Force.
(31)
Space Rapid Capabilities Office
Section 2273a(d) of such title is amended by striking paragraph (3).
(32)
Acquisition-related functions of Chiefs of the Armed Forces
Section 2547(a) of such title is amended by striking and the Commandant of the Marine Corps and inserting the Commandant of the Marine Corps, and the Chief of Space Operations.
(33)
Agreements related to military training, testing, and operations
Section 2684a(i) of such title is amended by inserting Space Force, before or Defense-wide activities each place it appears.
(c)
Provisions of subtitle b
(1)
In general
Subtitle B of title 10, United States Code, is amended by striking or Marine Corps each place it appears and inserting Marine Corps, or Space Force in the following provisions:
(A) Section 7452(c).
(B) Section 7621(d).
(2)
Computation of years of service
Section 7326(a)(1) of such title is amended by striking or the Air Force and inserting , the Air Force, or the Space Force.
(d)
Provisions of subtitle C
(1)
Cadets; hazing
Section 8464(f) of title 10, United States Code, is amended by striking or Marine Corps and inserting Marine Corps, or Space Force.
(2)
Sales prices
(A)
In general
Section 8802 of such title is amended by striking or the Air Force and inserting , the Air Force, or the Space Force.
(B)
Heading
The heading of such section 8802 is amended to read as follows:
8802.
Sales: members of Army, Air Force, and Space Force; prices
.
(C)
Table of sections
The table of sections at the beginning of chapter 879 of such title is amended by striking the item relating to section 8802 and inserting the following new item:
8802. Sales: members of Army, Air Force, and Space Force; prices.
.
(3)
Sales to certain veterans
Section 8803 of such title is amended by striking or the Marine Corps and inserting the Marine Corps, or the Space Force.
(4)
Subsistence and other supplies
Section 8806(d) of such title is amended by striking or Air Force or Marine Corps and inserting , Air Force, Marine Corps, or Space Force.
(5)
Scope of chapter on prize
Section 8851(a) of such title is amended by striking or the Air Force and inserting , the Air Force, or the Space Force.
934.
Amendments to provisions of law relating to pay and allowances
(a)
Definitions
Section 101 of title 37, United States Code, is amended—
(1) in paragraphs (3) and (4), by inserting Space Force, after Marine Corps, each place it appears; and
(2) in paragraph (5)(C), by inserting and the Space Force after Air Force.
(b)
Basic pay rates
(1)
Commissioned officers
Footnote 2 of the table titled COMMISSIONED OFFICERS in section 601(c) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 37 U.S.C. 1009 note) is amended by inserting after Commandant of the Marine Corps, the following: Chief of Space Operations,.
(2)
Enlisted members
Footnote 2 of the table titled ENLISTED MEMBERS in section 601(c) of the John Warner National Defense Authorization Act for Fiscal Year 2007 (Public Law 109–364; 37 U.S.C. 1009 note) is amended by inserting after Sergeant Major of the Marine Corps, the following: the senior enlisted advisor of the Space Force,.
(c)
Pay grades: assignment to; general rules
Section 201(a) of title 37, United States Code, is amended—
(1) by striking (a) For the purpose and inserting (a)(1) Subject to paragraph (2), for the purpose; and
(2) by adding at the end the following new paragraph:
(2) For the purpose of computing their basic pay, commissioned officers of the Space Force are assigned to the pay grades in the table in paragraph (1) by grade or rank in the Air Force that is equivalent to the grade or rank in which such officers are serving in the Space Force.
.
(d)
Pay of senior enlisted members
Section 210(c) of title 37, United States Code, is amended—
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new paragraph (5):
(5) The senior enlisted advisor of the Space Force.
.
(e)
Allowances other than travel and transportation allowances
(1)
Personal money allowance
Section 414 of title 37, United States Code, is amended—
(A) in subsection (a)(5), by inserting Chief of Space Operations, after Commandant of the Marines Corps,; and
(B) in subsection (b), by inserting the senior enlisted advisor of the Space Force, after the Sergeant Major of the Marine Corps,.
(2)
Clothing allowance: enlisted members
Section 418(d) of such title is amended—
(A) in paragraph (1), by striking or Marine Corps and inserting Marine Corps, or Space Force; and
(B) in paragraph (4), by striking or the Marine Corps and inserting the Marine Corps, or the Space Force.
(f)
Travel and transportation allowances: parking expenses
Section 481i(b) of title 37, United States Code, is amended by striking or Marine Corps and inserting Marine Corps, or Space Force.
(g)
Leave
(1)
Addition of Space Force
Chapter 9 of title 37, United States Code, is amended by inserting Space Force, after Marines Corps, each place it appears in the following provisions:
(A) Subsections (b)(1) and (e)(1) of section 501.
(B) Section 502(a).
(C) Section 503(a).
(2)
Addition of regular Space Force
Section 501(b)(5)(C) of such title is amended by striking or Regular Marine Corps and inserting Regular Marine Corps, or Regular Space Force.
(3)
Technical amendments
Chapter 9 of such title is further amended as follows:
(A) In section 501(b)(1)—
(i) by striking his each place it appears and inserting the member's; and
(ii) by striking he and inserting the member.
(B) In section 502—
(i) by striking his designated representative each place it appears and inserting the Secretary's designated representative;
(ii) in subsection (a), by striking he each place it appears and inserting the member; and
(iii) in subsection (b), by striking his and inserting the member's.
(h)
Allotment and assignment of pay
(1)
In general
Subsections (a), (c), and (d) of section 701 of title 37, United States Code, are each amended by striking or Marine Corps and inserting Marine Corps, or Space Force.
(2)
Technical amendments
Such section 701 is further amended—
(A) in subsection (a), by striking his and inserting the officer's;
(B) in subsection (b), by striking his and inserting the person's; and
(C) in subsection (c), by striking his pay, and if he does so and inserting the member's pay, and if the member does so.
(3)
Heading
The heading of such section 701 is amended to read as follows:
701.
Members of the Army, Navy, Air Force, Marine Corps, and Space Force; contract surgeons
.
(4)
Table of sections
The table of sections at the beginning of chapter 13 of such title is amended by striking the item relating to section 701 and inserting the following new item:
701. Members of the Army, Navy, Air Force, Marine Corps, and Space Force; contract surgeons.
.
(i)
Forfeiture of pay
(1)
Forfeiture for absence for intemperate use of alcohol or drugs
(A)
In general
Section 802 of title 37, United States Code, is amended by striking or Marine Corps and inserting Marine Corps, or Space Force.
(B)
Technical amendments
Such section 802 is further amended by striking his each place it appears and inserting the member's.
(2)
Forfeiture when dropped from rolls
(A)
In general
Section 803 of such title is amended by striking or the Air Force and inserting , the Air Force, or the Space Force.
(B)
Heading
The heading of such section 803 is amended to read as follows:
803.
Commissioned officers of the Army, Air Force, or Space Force: forfeiture of pay when dropped from rolls
.
(C)
Table of sections
The table of sections at the beginning of chapter 15 of such title is amended by striking the item relating to section 803 and inserting the following new item:
803. Commissioned officers of the Army, Air Force, or Space Force: forfeiture of pay when dropped from rolls.
.
(j)
Effect on pay of extension of enlistment
Section 906 of title 37, United States Code, is amended by inserting Space Force, after Marine Corps,.
(k)
Administration of pay
(1)
Prompt payment required
(A)
In general
Section 1005 of title 37, United States Code, is amended by striking and of the Air Force and inserting , the Air Force, and the Space Force.
(B)
Heading
The heading of such section 1005 is amended to read as follows:
1005.
Army, Air Force, and Space Force: prompt payments required
.
(C)
Table of sections
The table of sections at the beginning of chapter 15 of such title is amended by striking the item relating to section 803 and inserting the following new item:
1005. Army, Air Force, and Space Force: prompt payments required.
.
(2)
Deductions from pay
(A)
In general
Section 1007 of such title is amended—
(i) in subsections (b), (d), (f), and (g), by striking or the Air Force and inserting , the Air Force, or the Space Force; and
(ii) in subsection (e), by striking or Marine Corps and inserting Marine Corps, or Space Force.
(B)
Technical amendments
Such section 1007 is further amended—
(i) in subsection (b), by striking him and inserting the member;
(ii) in subsection (d), by striking his each place it appears and inserting the member's; and
(iii) in subsection (f)—
(I) by striking his and inserting the officer's; and
(II) by striking he both places it appears and inserting the officer.
935.
Amendments relating to provisions of law on veterans’ benefits
(a)
Addition of space service to references to military, Naval, or air service
Title 38, United States Code, is amended by striking or air service and inserting air, or space service each place it appears in the following provisions:
(1) Paragraphs (2), (5), (12), (16), (17), (18), (24), and (32) of section 101.
(2) Section 105(a).
(3) Section 106(b).
(4) Section 701.
(5) Paragraphs (1) and (2)(A) of section 1101.
(6) Section 1103.
(7) Section 1110.
(8) Subsections (b)(1) and (c)(1) of section 1112.
(9) Section 1113(b).
(10) Section 1131.
(11) Section 1132.
(12) Section 1133.
(13) Section 1137.
(14) Section 1141.
(15) Section 1153.
(16) Section 1301.
(17) Subsections (a) and (b) of section 1302.
(18) Section 1310(b).
(19) Section 1521(j).
(20) Section 1541(h).
(21) Subsections (a)(2)(B) and (e)(3) of section 1710.
(22) Section 1712(a).
(23) Section 1712A(c).
(24) Section 1717(d)(1).
(25) Subsections (b) and (c) of section 1720A.
(26) Section 1720D(c)(3).
(27) Section 1720E(a).
(28) Section 1720G(a)(2)(B).
(29) Subsections (b)(2), (e)(1), and (e)(4) of section 1720I.
(30) Section 1781(a)(3).
(31) Section 1783(b)(1).
(32) Section 1922(a).
(33) Section 2002(b)(1).
(34) Section 2101A(a)(1).
(35) Subsections (a)(1)(C) and (d) of section 2301.
(36) Section 2302(a).
(37) Section 2303(b)(2).
(38) Subsections (b)(4)(A) and (g)(2) of section 2306.
(39) Section 2402(a)(1).
(40) Section 3018B(a).
(41) Section 3102(a)(1)(A)(ii).
(42) Subsections (a) and (b)(2)(A) of section 3103.
(43) Section 3113(a).
(44) Section 3501(a).
(45) Section 3512(b)(1)(B)(iii).
(46) Section 3679(c)(2)(A).
(47) Section 3701(b)(2).
(48) Section 3712(e)(2).
(49) Section 3729(c)(1).
(50) Subparagraphs (A) and (B) of section 3901(1).
(51) Subsections (c)(1)(A) and (d)(2)(B) of section 5103A.
(52) Section 5110(j).
(53) Section 5111(a)(2)(A).
(54) Section 5113(b)(3)(C).
(55) Section 5303(e).
(56) Section 6104(c).
(57) Section 6105(a).
(58) Subsections (a)(1) and (b)(3) of section 6301.
(59) Section 6303(b).
(60) Section 6304(b)(1).
(61) Section 8301.
(b)
Definitions
(1)
Armed Forces
Paragraph (10) of section 101 of title 38, United States Code, is amended by inserting Space Force, after Air Force,.
(2)
Secretary concerned
Paragraph (25)(C) of such section is amended by inserting or the Space Force before the semicolon.
(3)
Space Force Reserve
Paragraph (27) of such section is amended—
(A) by redesignating subparagraphs (E) through (G) as subparagraphs (F) through (H), respectively; and
(B) by inserting after subparagraph (D) the following new subparagraph (E):
(E) the Space Force Reserve;
.
(c)
Placement of employees in military installations
Section 701 of title 38, United States Code, is amended by striking and Air Force and inserting Air Force, and Space Force.
(d)
Consideration to be accorded time, place, and circumstances of service
Section 1154(b) of title 38, United States Code, is amended by striking or air organization and inserting air, or space organization.
(e)
Premium payments
Section 1908 of title 38, United States Code, is amended by inserting Space Force, after Marine Corps,.
(f)
Secretary concerned for GI Bill
Section 3020(l)(3) of title 38, United States Code, is amended by inserting or the Space Force before the semicolon.
(g)
Definitions for Post-9/11 GI Bill
Section 3301(2)(C) of title 38,United States Code, is amended by inserting or the Space Force after Air Force.
(h)
Provision of credit protection and other services
Section 5724(c)(2) of title 38, United States Code, is amended by striking or Marine Corps and inserting Marine Corps, or Space Force.
936.
Amendments to other provisions of the United States Code
(a)
Title 5; definition of Armed Forces
Section 2101(2) of title 5, United States Code, is amended by inserting after Marine Corps, the following: Space Force,.
(b)
Title 14
(1)
Voluntary retirement
Section 2152 of title 14, United States Code, is amended by striking or Marine Corps and inserting Marine Corps, or Space Force.
(2)
Computation of length of service
Section 2513 of such title is amended by inserting after Air Force, the following: Space Force,.
(c)
Title 18; firearms as nonmailable
Section 1715 of such title is amended by inserting Space Force, after Marine Corps,.
(d)
Title 31
(1)
Definitions relating to claims
Section 3701(a)(7) of title 31, United States Code, is amended by inserting Space Force, after Marine Corps,.
(2)
Collection and compromise
Section 3711(f) of such title is amended in paragraphs (1) and (3) by inserting Space Force, after Marine Corps, each place it appears.
(e)
Title 41; honorable discharge certificate in lieu of birth certificate
Section 6309(a) of title 41, United States Code, is amended by inserting Space Force, after Marine Corps,.
(f)
Title 51; powers of the administration in performance of functions
Section 20113(l) of title 51, United States Code, is amended—
(1) in the subsection heading, by striking Services and inserting Forces; and
(2) by striking and Marine Corps and inserting Marine Corps, and Space Force.
937.
Applicability to other provisions of law
(a)
Secretary of Defense authority
The authority of the Secretary of Defense with respect to the Air Force or members of the Air Force under any covered provision of law may be exercised by the Secretary with respect to the Space Force or members of the Space Force.
(b)
Secretary of the Air Force authority
The authority of the Secretary of the Air Force with respect to the Air Force or members of the Air Force under any covered provision of law may be exercised with respect to the Space Force or members of the Space Force.
(c)
Benefits for members
A member of the Space Force shall be eligible for any benefit under a covered provision of law that is available to a member of the Air Force under the same terms and conditions as the provision of law applies to members of the Air Force.
(d)
Covered provision of law defined
In this section, the term covered provision of law means a provision of law other than a provision of title 5, 10, 14, 18, 31, 37, 38, 41, or 51, United States Code.
II
Other Matters
941.
Matters relating to reserve components for the Space Force
(a)
Limitation on establishment of Space National Guard
(1)
In general
The Space National Guard may not be established as a reserve component of the Space Force until the Secretary of Defense certifies in writing, to the congressional defense committees that a Space National Guard is the organization best suited to discharge in an effective and efficient manner the missions intended to be assigned to the Space National Guard.
(2)
Basis for certification
The certification must be based on the results of a study conducted for purposes of this subsection by the Assistant Secretary of the Air Force for Manpower and Reserve Affairs.
(3)
Proposed missions
The certification shall include a description of each mission proposed to be assigned to the Space National Guard in connection with the certification.
(b)
Space Force Reserve
(1)
Inclusion within Space Force
Section 9081(b)(2) of title 10, United States Code, is amended by inserting , including the Regular Space Force and the Space Force Reserve, after space forces.
(2)
Named reserve component
Section 10101 of title 10, United States Code, is amended—
(A) by redesignating paragraph (7) as paragraph (8); and
(B) by inserting after paragraph (6) the following new paragraph (7):
(7) The Space Force Reserve.
.
(3)
Composition
(A)
In general
Chapter 1003 of such title is amended—
(i) by redesignating section 10114 as section 10115; and
(ii) by inserting after section 10113 the following new section 10114:
10114.
Space Force Reserve: composition
The Space Force Reserve is a reserve component of the Space Force to provide a reserve for active duty. It consists of the members of the officers' section of the Space Force Reserve and of the enlisted section of the Space Force Reserve.
.
(B)
Clerical amendment
The table of sections at the beginning of chapter 1003 of such title is amended by striking the item relating to section 10114 and inserting the following new items:
10114. Space Force Reserve: composition.
10115. Coast Guard Reserve.
.
(4)
Space Force Reserve Command
(A)
In general
Chapter 1006 of such title is amended by adding at the end the following new section:
10175.
Space Force Reserve Command
(a)
Establishment of command
The Secretary of the Air Force, with the advice and assistance of the Chief of Space Operations, shall establish a Space Force Reserve Command. The Space Force Reserve Command shall be operated as a separate command of the Space Force.
(b)
Commander
The Chief of Space Force Reserve is the Commander of the Space Force Reserve Command. The commander of the Space Force Reserve Command reports directly to the Chief of Space Operations.
(c)
Assignment of forces
The Secretary of the Air Force—
(1) shall assign to the Space Force Reserve Command all forces of the Space Force Reserve stationed in the continental United States other than forces assigned to the unified combatant command for special operations forces established pursuant to section 167 of this title; and
(2) except as otherwise directed by the Secretary of Defense in the case of forces assigned to carry out functions of the Secretary of the Air Force specified in section 9013 of this title, shall assign to the combatant commands all such forces assigned to the Space Force Reserve Command under paragraph (1) in the manner specified by the Secretary of Defense.
.
(B)
Clerical amendment
The table of sections at the beginning of chapter 1006 of such title is amended by adding at the end the following new item:
10175. Space Force Reserve Command.
.
(c)
Military personnel management
Any authority in title 10, United States Code, may be applied to a member of the Space Force Reserve in the same manner as such authority is applied to a similarly situated member of the Air Force Reserve. In the application of such authority to a member of the Space Force Reserve, any reference to a grade of a member of in the Air Force or Air Force Reserve shall be deemed to refer to the equivalent grade in the Space Force or Space Force Reserve.
(d)
Report on integration of Space Force Reserve into law
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 or Representatives a report setting forth the amendments to title 10, United States Code, and any other laws, necessary to fully integrate the Space Force Reserve into statutory authorities on the personnel, activities, missions, and management of the Space Force.
942.
Transfers of military and civilian personnel to the Space Force
(a)
Prohibition on involuntary transfer
A member of the Armed Forces or civilian employee of the Department of Defense may not be transferred to the military or civilian part of the Space Force, as the case may be, without the consent of such member or employee.
(b)
Status within Space Force upon transfer
Any member of the Armed Forces or civilian employee of the Department of Defense who is transferred to the Space Force shall, after transfer, have the status of member or civilian employee, as the case may be, of the Space Force.
(c)
Detail or assignment of members
(1)
Permanent nature of detail or assignment
The detail or assignment of any member of the Armed Forces to the Space Force on or after the date of the enactment of this Act shall be permanent, and shall be treated as a transfer to which subsection (b) applies.
(2)
Acknowledgment of nature
Any member undergoing a detail or assignment described in paragraph (1) shall execute a written acknowledgment, before undergoing such detail or assignment, of the permanent nature of the detail or assignment by reason of paragraph (1).
943.
Limitation on transfer of military installations to the jurisdiction of the Space Force
(a)
Limitation
A military installation (whether or not under the jurisdiction of the Department of the Air Force) may not be transferred to the jurisdiction or command of the Space Force until the Secretary of the Air Force briefs the congressional defense committees on the results of a business case analysis, conducted by the Secretary in connection with the transfer, of the cost and efficacy of the transfer.
(b)
Timing of briefing
The briefing on a business case analysis conducted pursuant to subsection (a) shall be provided not later than 15 days after the date of the completion of the business case analysis by the Secretary.
D
Organization and Management of Other Department of Defense Offices and Elements
951.
Annual report on establishment of field operating agencies
(a)
In general
Subchapter I of chapter 134 of title 10, United States Code, is amended by inserting after section 2245 the following new section:
2246.
Establishment of field operating agencies: annual report
(a)
Annual report required
Not later than January 31 each year, the Secretary of Defense shall submit to the congressional defense committees a report on each, if any, field operating agency established during the preceding year.
(b)
Elements
Each report under subsection (a) shall include, for each field operating agency covered by such report, the following:
(1) The name of such agency.
(2) The physical location of such agency.
(3) The title and grade (whether military or civilian) of the head of such agency.
(4) The chain of command, supervision, or authority through which the head of such agency reports to the Office of the Secretary of Defense or the military department or Armed Forces headquarters, as applicable.
(5) The mission of such agency.
(6) The number of personnel authorized to be assigned to such agency, and the number of such authorizations encumbered by military personnel and civilian employees of the Department of Defense or military department, as applicable.
(7) The purpose underlying the establishment of such agency.
(8) Any cost savings or other efficiencies that have accrued, or are anticipated to accrue, to the Department of Defense or any of its components in connection with the establishment and operation of such agency.
.
(b)
Clerical amendment
The table of sections at the beginning of subchapter I of chapter 134 of such title is amended by inserting after the item relating to section 2245 the following new item:
2246. Establishment of field operating agencies: annual report.
.
X
General Provisions
A
Financial Matters
1001.
General transfer authority
(a)
Authority To transfer authorizations
(1)
Authority
Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this division for fiscal year 2021 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
(2)
Limitation
Except as provided in paragraph (3), the total amount of authorizations that the Secretary may transfer under the authority of this section may not exceed $4,000,000,000.
(3)
Exception for transfers between military personnel authorizations
A transfer of funds between military personnel authorizations under title IV shall not be counted toward the dollar limitation in paragraph (2).
(b)
Limitations
The authority provided by subsection (a) to transfer authorizations—
(1) may only be used to provide authority for items that have a higher priority than the items from which authority is transferred; and
(2) may not be used to provide authority for an item that has been denied authorization by Congress.
(c)
Effect on authorization amounts
A transfer made from one account to another under the authority of this section shall be deemed to increase the amount authorized for the account to which the amount is transferred by an amount equal to the amount transferred.
(d)
Notice to Congress
The Secretary shall promptly notify Congress of each transfer made under subsection (a).
1002.
Application of Financial Improvement and Audit Remediation Plan to fiscal years following fiscal year 2020
Section 240b(a)(2)(A)(iii) of title 10, United States Code, is amended by striking for fiscal year 2018 and all that follows and inserting for each fiscal year after fiscal year 2020 occurs by not later than March 31 following such fiscal year;.
B
Counterdrug activities
1011.
Codification of authority for joint task forces of the Department of Defense to support law enforcement agencies conducting counterterrorism or counter-transnational organized crime activities
(a)
Codification of section 1022 of FY 2004 NDAA
Chapter 15 of title 10, United States Code, is amended by adding at the end a new section 285 consisting of—
(1) a heading as follows:
285.
Authority for joint task forces to support law enforcement agencies conducting counterterrorism or counter-transnational organized crime activities
; and
(2) a text consisting of the text of section 1022 of the National Defense Authorization Act for Fiscal Year 2004 (10 U.S.C. 271 note).
(b)
Conforming amendments in connection with codification
Section 285 of title 10, United States Code, as added by subsection (a), is amended—
(1) in subsection (b), by striking During fiscal years 2006 through 2022, funds for drug interdiction and inserting Funds for drug interdiction;
(2) in subsection (c), by striking of each year in which the authority in subsection (a) is in effect and inserting each year;
(3) in subsection (d)—
(A) in paragraph (1), by striking the paragraph designation and all that follows through Support in paragraph (2)(A) and inserting (1) Support;
(B) by redesignating subparagraph (B) as paragraph (2); and
(C) in paragraph (2), as so redesignated, by striking subparagraph (A) and inserting paragraph (1); and
(4) in subsection (e)—
(A) in paragraph (1), by striking of title 10, United States Code and inserting of this title; and
(B) by striking the second paragraph (2).
(c)
Clerical amendment
The table of sections at the beginning of chapter 15 of such title is amended by adding at the end the following new item:
285. Authority for joint task forces to support law enforcement agencies conducting counterterrorism or counter-transnational organized crime activities.
.
(d)
Conforming repeal
Section 1022 of the National Defense Authorization Act for Fiscal Year 2004 is repealed.
C
Naval Vessels and Shipyards
1021.
Modification of authority to purchase used vessels with funds in the National Defense Sealift Fund
Section 2218(f)(3) of title 10, United States Code, is amended—
(1) by striking subparagraphs (E) and (G); and
(2) by redesignating subparagraph (F) as subparagraph (E).
1022.
Waiver during war or threat to national security of restrictions on overhaul, repair, or maintenance of vessels in foreign shipyards
Section 8680 of title 10, United States Code, is amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsection: (c)
(c)
Waiver
(1) The Secretary of the Navy may waive the restrictions in subsections (a) and (b) for the duration of a period of threat to the national security interests of the United States upon a written determination by the Secretary that such a waiver is necessary in the national security interest of the United States.
(2) Not later than 15 days after making a determination under paragraph (1), the Secretary shall provide to the congressional defense committees a written notification on the determination.
(3) In this subsection, the term period of threat to the national security interests of the United States means the following:
(A) A period of war.
(B) Any other period determined by Secretary of Defense in which the national security interests of the United States are threatened by the application, or the imminent danger of application, of physical force by any foreign government or agency against the United States, citizens of the United States, the property of citizens of the United States, or the commercial interests of citizens of the United States.
.
1023.
Modification of waiver authority on prohibition on use of funds for retirement of certain legacy maritime mine countermeasure platforms
(a)
In general
Section 1046(b)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public law 115–91; 131 Stat. 1556) is amended by striking certifies and inserting , with the concurrence of the Director of Operational Test and Evaluation, certifies in writing.
(b)
Effective date
The amendment made by subsection (a) shall take effect on the date of the enactment of this Act, and shall apply with respect to waivers under subsection (b)(1) of section 1046 of the National Defense Authorization Act for Fiscal Year 2018 of the prohibition under subsection (a) of that section that occur on or after that date.
1024.
Extension of authority for reimbursement of expenses for certain Navy mess operations afloat
Section 1014(b) of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4585), as most recently amended by section 1023(a) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 966), is further amended by striking September 30, 2020 and inserting September 30, 2025.
1025.
Sense of Congress on actions necessary to achieve a 355-ship Navy
It is the sense of Congress that to achieve the national policy of the United States to have available, as soon as practicable, not fewer than 355 battle force ships—
(1) the Navy must be adequately resourced to increase the size of the Navy in accordance with the national policy, which includes the associated ships, aircraft, personnel, sustainment, and munitions;
(2) across fiscal years 2021 through 2025, the Navy should start construction on not fewer than—
(A) 12 Arleigh Burke-class destroyers;
(B) 10 Virginia-class submarines;
(C) 2 Columbia-class submarines;
(D) 3 San Antonio-class amphibious ships;
(E) 1 LHA-class amphibious ship;
(F) 6 John Lewis-class fleet oilers; and
(G) 5 guided missile frigates;
(3) new guided missile frigate construction should increase to a rate of between two and four ships per year once design maturity and construction readiness permit;
(4) the Columbia-class submarine program should be funded with additions to the Navy budget significantly above the historical average, given the critical single national mission that these vessels will perform and the high priority of the shipbuilding budget for implementing the National Defense Strategy;
(5) stable shipbuilding rates of construction should be maintained for each vessel class, utilizing multi-year or block buy contract authorities when appropriate, until a deliberate transition plan is identified; and
(6) prototyping of potential new shipboard subsystems should be accelerated to build knowledge systematically, and, to the maximum extent practicable, shipbuilding prototyping should occur at the subsystem-level in advance of ship design.
D
Counterterrorism
1031.
Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to the United States
Section 1033 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1953), as amended by section 1043 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is further amended by striking December 31, 2020 and inserting December 31, 2021.
1032.
Extension of prohibition on use of funds to close or relinquish control of United States Naval Station, Guantanamo Bay, Cuba
Section 1036 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1551), as most recently amended by section 1045 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is further amended by striking fiscal year 2018, 2019, or 2020 and inserting fiscal years 2018 through 2021.
1033.
Extension of prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries
Section 1035 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1954), as amended by section 1042 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is further amended by striking December 31, 2020 and inserting December 31, 2021.
1034.
Extension of prohibition on use of funds to construct or modify facilities in the United States to house detainees transferred from United States Naval Station, Guantanamo Bay, Cuba
Section 1034(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1954), as amended by section 1044 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is further amended by striking December 31, 2020 and inserting December 31, 2021.
E
Miscellaneous Authorities and Limitations
1041.
Inclusion of disaster-related emergency preparedness activities among law enforcement activities authorities for sale or donation of excess personal property of the Department of Defense
(a)
Inclusion
Subsection (a)(1)(A) of section 2576a of title 10, United States Code, is amended by inserting disaster-related emergency preparedness, after counterterrorism,.
(b)
Preference in transfers
Subsection (d) of such section is amended to read as follows:
(d)
Preference for certain transfers
In considering applications for the transfer of personal property under this section, the Secretary shall give a preference to applications indicating that the transferred property will be used in the counterdrug, counterterrorism, disaster-related emergency preparedness, or border security activities of the recipient agency. Applications that request vehicles used for disaster-related emergency preparedness, such as high-water rescue vehicles, should receive the highest preference.
.
1042.
Expenditure of funds for Department of Defense clandestine activities that support operational preparation of the environment
(a)
Authority
Subject to subsections (b) through (d), the Secretary of Defense may expend up to $15,000,000 in any fiscal year for clandestine activities for any purpose the Secretary determines to be proper for preparation of the environment for operations of a confidential nature. Such a determination is final and conclusive upon the accounting officers of the United States. The Secretary may certify the amount of any such expenditure authorized by the Secretary that the Secretary considers advisable not to specify, and the Secretary's certificate is sufficient voucher for the expenditure of that amount.
(b)
Funds
Funds for expenditures under this section in a fiscal year shall be derived from amounts authorized to be appropriated for that fiscal year for operation and maintenance, Defense-wide.
(c)
Limitation on delegation
The Secretary of Defense may not delegate the authority under this section with respect to any expenditure in excess of $100,000.
(d)
Exclusion of intelligence activities
(1)
In general
This section does not constitute authority to conduct, or expend funds for, intelligence, counterintelligence, or intelligence-related activities.
(2)
Definitions
In this subsection, the terms intelligence and counterintelligence have the meaning given those terms in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
(e)
Annual report
Not later than December 31 each year, the Secretary of Defense shall submit to the congressional defense committees a report on expenditures made under this section during the fiscal year preceding the year in which the report is submitted. Each report shall include, for each expenditure under this section during the fiscal year covered by such report—
(1) the amount and date of such expenditure;
(2) a detailed description of the purpose for which such expenditure was made;
(3) an explanation why other authorities available to the Department of Defense could not be used for such expenditure; and
(4) any other matters the Secretary considers appropriate.
1043.
Clarification of authority of military commissions under chapter 47A of title 10, United States Code, to punish contempt
(a)
Clarification
(1)
In general
Subchapter IV of chapter 47A of title 10, United States Code, is amended by adding at the end the following new section:
949o–1.
Contempt
(a)
Authority to punish
(1) With respect to any proceeding under this chapter, a judicial officer specified in paragraph (2) may punish for contempt any person who—
(A) uses any menacing word, sign, or gesture in the presence of the judicial officer during the proceeding;
(B) disturbs the proceeding by any riot or disorder; or
(C) willfully disobeys a lawful writ, process, order, rule, decree, or command issued with respect to the proceeding.
(2) A judicial officer referred to in paragraph (1) is any of the following:
(A) Any judge of the United States Court of Military Commission Review.
(B) Any military judge detailed to a military commission or any other proceeding under this chapter.
(b)
Punishment
The punishment for contempt under subsection (a) may not exceed confinement for 30 days, a fine of $1,000, or both.
(c)
Review
(1) A punishment under this section—
(A) is not reviewable by the convening authority of a military commission under this chapter;
(B) if imposed by a military judge, shall constitute a judgment, subject to review in the first instance only by the United States Court of Military Commission Review and then only by the United States Court of Appeals for the District of Columbia Circuit; and
(C) if imposed by a judge of the United States Court of Military Commission Review, shall constitute a judgment of the court subject to review only by the United States Court of Appeals for the District of Columbia Circuit.
(2) In reviewing a punishment for contempt imposed under this section, the reviewing court shall affirm such punishment unless the court finds that imposing such punishment was an abuse of the discretion of the judicial officer who imposed such punishment.
(3) A petition for review of punishment for contempt imposed under this section shall be filed not later than 60 days after the date on which the authenticated record upon which the contempt punishment is based and any contempt proceedings conducted by the judicial officer are served on the person punished for contempt.
(d)
Punishment not conviction
Punishment for contempt is not a conviction or sentence within the meaning of section 949m of this title. The imposition of punishment for contempt is not governed by other provisions of this chapter applicable to military commissions, except that the Secretary of Defense may prescribe procedures for contempt proceedings and punishments, pursuant to the authority provided in section 949a of this title.
.
(2)
Clerical amendment
The table of sections at the beginning of subchapter IV of such chapter is amended by adding at the end the following new item:
949o–1. Contempt.
.
(b)
Conforming amendments
Section 950t of title 10, United States Code, is amended—
(1) by striking paragraph (31); and
(2) by redesignating paragraph (32) as paragraph (31).
(c)
Rule of construction
The amendments made by subsections (a) and (b) shall not be construed to affect the lawfulness of any punishment for contempt adjudged prior to the effective date of such amendments.
(d)
Applicability
The amendments made by subsections (a) and (b) shall take effect on the date of the enactment of this Act, and shall apply with respect to conduct by a person that occurs on or after such date.
1044.
Prohibition on actions to infringe upon First Amendment rights of peaceable assembly and petition for redress of grievances
Amounts authorized to be appropriated by this Act shall not be used for any program, project, or activity, or any use of personnel, to conduct actions against United States citizens that infringe upon their rights under the First Amendment to the Constitution peaceably to assemble and/or to petition the Government for a redress of grievances.
1045.
Arctic planning, research, and development
(a)
Arctic planning and implementation
(1)
In general
The Secretary of Defense and the Chairman of the Joint Chiefs of Staff shall begin planning and implementing such changes as may be necessary for requirements, training, equipment, doctrine, and capability development of the Armed Forces should an expanded role of the Armed Forces in the Arctic be determined by the Secretary to be in the national security interests of the United States.
(2)
Training
In carrying out paragraph (1), the Secretary shall direct the Armed Forces to carry out training in the Arctic or training relevant to carrying out military operations in the Arctic.
(b)
Arctic research and development program
(1)
In general
If pursuant to subsection (a), the Secretary of Defense determines that an expanded role for the Armed Forces is in the national security interests of the United States, the Secretary shall establish a research and development program on the current and future requirements and needs of the Armed Forces for operations in the Arctic.
(2)
Elements
The program required by paragraph (1) shall include the following:
(A) Development of materiel solutions for operating in extreme weather environments of the Arctic, including equipment for individual members of the Armed Forces, ground vehicles, and communications systems.
(B) Development of a plan for fielding future weapons platforms able to operate in Arctic conditions for surface combatants, submarines, aviation platforms, assault craft unit connectors, auxiliaries, littoral craft, unmanned aerial vehicles, and any other systems that may be needed in the Arctic.
(C) Development of capabilities to monitor, assess, and predict environmental and weather conditions in the Arctic and their effect on military operations.
(D) Determining requirements for logistics and sustainment of the Armed Forces operating in the Arctic.
1046.
Consideration of security risks in certain telecommunications architecture for future overseas basing decisions of the Department of Defense
The Secretary of Defense shall take into account the security risks of 5G and 6G telecommunications network architecture, including the use of telecommunications equipment provided by at-risk vendors such as Huawei Technologies Company, Ltd., and the Zhongxing Telecommunications Equipment Corporation (ZTE), in all future overseas stationing decisions of the Department of Defense, including—
(1) security risks from threats to operational and information security of United States military personnel and equipment; and
(2) the sufficiency of potential mitigation by the Department and the host nation concerned of such security risks, including through cost-sharing agreements related to such mitigation.
1047.
Foreign military training programs
(a)
Short title
This section may be cited as the Secure United States Bases Act.
(b)
Definitions
In this section:
(1)
Appropriate defense committees
The term appropriate defense committees means—
(A) the Committee on Armed Services of the Senate; and
(B) the Committee on Armed Services of the House of Representatives.
(2)
Covered individuals
The term covered individuals means any foreign national (except foreign nationals of Australia, Canada, New Zealand, and the United Kingdom who have been granted a security clearance that is reciprocally accepted by the United States for access to classified information) who—
(A) is seeking physical access to a Department of Defense installation or facility within the United States; and
(B)
(i) is selected, nominated, or accepted for training or education for a period of more than 30 days occurring on a Department of Defense installation or facility within the United States; or
(ii) is an immediate family member accompanying any foreign national who has been selected, nominated, or accepted for such training or education.
(3)
Immediate family member
The term immediate family member means—
(A) spouse;
(B) parents and stepparents;
(C) siblings, stepsiblings, and half-siblings; and
(D) children and stepchildren.
(4)
United States
The term United States means the several States, the District of Columbia, the Commonwealth of Puerto Rico, and Guam.
(c)
Establishment of vetting procedures; monitoring requirements for certain military training
(1)
Establishment of vetting procedures
(A)
In general
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall establish procedures to vet covered individuals for eligibility for physical access to Department of Defense installations and facilities within the United States, including—
(i) biographic and biometric screening of covered individuals;
(ii) continuous review of whether covered individuals should continue to be authorized such physical access;
(iii) biographic checks of the covered individual’s immediate family members; and
(iv) any other measures that the Secretary of Defense determines appropriate for vetting.
(B)
Information required
The Secretary of Defense shall identify the information required to conduct the vetting.
(C)
Collection of information
The Secretary of Defense shall—
(i) collect information to vet individuals under the procedures established under this subsection; and
(ii) as required for the effective implementation of this section, shall seek to enter into agreements with the relevant Federal departments and agencies to facilitate the sharing of information in the possession of such departments and agencies concerning the covered individuals.
(2)
Determination authority
(A)
Review
The results of vetting—
(i) will be reviewed within the Department of Defense by an organization with an assigned security and counterintelligence mission; and
(ii) will be the basis for that organization’s recommendation regarding whether physical access should be authorized by the appropriate authority.
(B)
Effect of denial
If the organization recommends that a covered individual not be authorized physical access to Department of Defense installations and facilities within the United States, such physical access may only be authorized for such covered individual by the Secretary of Defense or the Deputy Secretary of Defense.
(C)
Notification
The Secretary of State shall be notified of any covered individuals who are not authorized physical access based on the results of the vetting under this subsection.
(3)
Additional security measures
Beginning on the date that is 181 days after the date of the enactment of this Act, the Secretary of Defense shall—
(A) ensure that all Department of Defense Common Access Cards issued to foreign nationals in the United States—
(i) comply with the credentialing standards issued by the Office of Personnel Management; and
(ii) include a visual indicator, as required by the standard developed by the National Institute of Standards and Technology;
(B) ensure that physical access by covered individuals is limited, as appropriate, to Department of Defense installations or facilities within the United States that are directly associated with their training or education or necessary to access authorized benefits;
(C) establish a policy regarding the possession of firearms on Department of Defense property by covered individuals; and
(D) ensure that covered individuals who have been granted physical access are incorporated into the Department of Defense Insider Threat Program.
(4)
Notification
The Secretary of Defense shall notify the appropriate congressional committees of the establishment of the procedures required under paragraph (1).
(d)
Reporting requirements
(1)
Briefing
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall provide a briefing to the appropriate congressional committees regarding the establishment of any Department of Defense policy or guidance related to the implementation of this section.
(2)
Report
Not later than 2 years after the date of the enactment of this Act, the Secretary of Defense shall submit a report to the appropriate congressional committees regarding the impact and effects of this section, including—
(A) any positive or negative impacts on the training of foreign military students;
(B) the effectiveness of the vetting procedures implemented in preventing harm to United States military personnel or communities;
(C) how any of the negative impacts have been mitigated; and
(D) a proposed plan to mitigate any ongoing negative impacts to the vetting and training of foreign military students by the Department of Defense.
1048.
Reporting of adverse events relating to consumer products on military installations
(a)
In general
The Secretary of Defense shall ensure that any adverse event related to a consumer product that occurs on a military installation is reported on the internet website saferproducts.gov.
(b)
Definitions
In this section:
(1)
Adverse event
The term adverse event means—
(A) any event that indicates that a consumer product—
(i) fails to comply with an applicable consumer product safety rule or with a voluntary consumer product safety standard upon which the Consumer Product Safety Commission has relied under section 9 of the Consumer Product Safety Act (15 U.S.C. 2058);
(ii) fails to comply with any other rule, regulation, standard, or ban under that Act or any other Act enforced by the Commission;
(iii) contains a defect which could create a substantial product hazard described in section 15(a)(2) of the Consumer Product Safety Act (15 U.S.C. 2064(a)(2)); or
(iv) creates an unreasonable risk of serious injury or death; or
(B) any other harm described in subsection (b)(1)(A) of section 6A of the Consumer Product Safety Act (15 U.S.C. 2055a) and required to be reported in the database established under subsection (a) of that section.
(2)
Consumer product
The term consumer product has the meaning given that term in section 3 of the Consumer Product Safety Act (15 U.S.C. 2052).
1049.
Inclusion of United States Naval Sea Cadet Corps among youth and charitable organizations authorized to receive assistance from the National Guard
Section 508(d) of title 32, United States Code, is amended—
(1) by redesignating paragraph (14) as paragraph (15); and
(2) by inserting after paragraph (13) the following new paragraph (14):
(14) The United States Naval Sea Cadet Corps.
.
1050.
Department of Defense policy for the regulation of dangerous dogs
(a)
In general
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, through the Veterinary Service Activity of the Department of Defense, shall establish a standardized policy applicable across all military communities for the regulation of dangerous dogs that is—
(1) breed-neutral; and
(2) consistent with advice from professional veterinary and animal behavior experts in regard to effective regulation of dangerous dogs.
(b)
Regulations
(1)
In general
Not later than 180 days after the date of the enactment of this Act, the Secretary shall prescribe regulations implementing the policy established under subsection (a).
(2)
Best practices
The regulations prescribed under paragraph (1) shall include strategies, for implementation within all military communities, for the prevention of dog bites that are consistent with the following best practices:
(A) Enforcement of comprehensive, non-breed-specific regulations relating to dangerous dogs, with emphasis on identification of dangerous dog behavior and chronically irresponsible owners.
(B) Enforcement of animal control regulations, such as leash laws and stray animal control policies.
(C) Promotion and communication of resources for pet spaying and neutering.
(D) Investment in community education initiatives, such as teaching criteria for pet selection, pet care best practices, owner responsibilities, and safe and appropriate interaction with dogs.
(c)
Military communities defined
In this section, the term military communities means—
(1) all installations of the Department; and
(2) all military housing, including privatized military housing under subchapter IV of chapter 169 of title 10, United States Code.
1051.
Sense of Congress on the basing of KC–46A aircraft outside the contiguous United States
It is the sense of Congress that the Secretary of the Air Force, as part of the strategic basing process for KC–46A aircraft at installations outside the contiguous United States (OCONUS), should—
(1) consider the benefits derived from basing such aircraft at locations that—
(A) support day-to-day air refueling operations, operations plans of multiple combatant commands, and flexibility for contingency operations;
(B) have—
(i) a strategic location that is essential to the defense of the United States and its interests;
(ii) receivers for boom or probe-and-drogue combat training opportunities with joint and international partners; and
(iii) sufficient airfield and airspace availability and capacity to meet requirements;
(C) possess facilities that take full advantage of existing infrastructure to provide—
(i) runway, hangars, and aircrew and maintenance operations; and
(ii) sufficient fuel receipt, storage, and distribution for 5-day peacetime operating stock; and
(D) minimize overall construction and operational costs;
(2) prioritize United States responsiveness and flexibility to continued long-term great power competition and other major threats, as outlined in the 2017 National Security Strategy and the 2018 National Defense Strategy; and
(3) take into account the advancement of adversary weapons systems, with respect to both capacity and range.
F
Studies and Reports
1061.
Report on potential improvements to certain military educational institutions of the Department of Defense
(a)
Report required
(1)
In general
Not later than December 1, 2021, 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 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).
(2)
Conducting organization
The review and assessment required for purposes of the report shall be performed by an organization selected by the Secretary from among organizations independent of the Department that have expertise in the analysis of matters in connection with higher education.
(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 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.
(11) Modification of enlisted personnel management and career milestones to increase attendance at non-Department of Defense institutions of higher education
(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 comparison of admission standards and graduation requirements of the educational institutions of the Department of Defense specified in subsection (b) with admission standards and graduation requirements of public and private institutions of higher education that are comparable to the educational institutions of the Department of Defense.
(2) A comparison of the goals and missions of the educational institutions of the Department of Defense specified in subsection (b) with the goals and missions of such public and private institutions of higher education.
(3) Any other matters the Secretary considers appropriate for purposes of this section.
(e)
JCS evaluation of review and assessment
Not later than 90 days after the date on which the report required by subsection (a) is submitted to Congress, the Chairman of the Joint Chiefs of Staff shall, in consultation with the other members of the Joint Chiefs of Staff, submit to the Committees on Armed Services of the Senate and the House of Representatives a report setting forth any evaluation by the Joint Chiefs of Staff of the review and assessment covered by the report under subsection (a).
1062.
Reports on status and modernization of the North Warning System
(a)
Report on status
(1)
In general
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the North Warning System.
(2)
Elements
The report under paragraph (1) shall include the following:
(A) A description and assessment of the status and operational integrity of the infrastructure of the North Warning System.
(B) An assessment of the technology currently used by the North Warning System compared with the technology considered necessary by the Commander of the North American Aerospace Defense Command to detect current and anticipated threats.
(C) An assessment of the infrastructure and ability of the Alaska Radar System to integrate into the broader North Warning System.
(D) An assessment of the ability of the North Warning System to integrate with current and anticipated space-based sensor platforms.
(b)
Report on plan for modernization
(1)
In general
Not later than one year after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a report setting forth a plan for the modernization of the capabilities provided by the current North Warning System.
(2)
Elements
The plan under paragraph (1) shall include the following:
(A) A detailed timeline for the modernization of the North Warning System based on the status of the system as reported pursuant to subsection (a).
(B) The technological advancements necessary for ground-based North Warning System sites to address current and anticipated threats (as specified by the Commander of the North American Aerospace Defense Command).
(C) An assessment of the number of future North Warning System sites required in order to address current and anticipated threats (as so specified).
(D) Any new or complementary technologies required to accomplish the mission of the North Warning System.
(E) The cost and schedule, by year, of the plan.
1063.
Studies on the force structure for Marine Corps aviation
(a)
Studies required
The Secretary of Defense shall provide for performance of three studies on the force structure for Marine Corps aviation through 2030.
(b)
Responsibility for studies
One of the three studies performed pursuant to subsection (a) shall be performed by each of the following:
(1) The Secretary of the Navy, in consultation with the Commandant of the Marine Corps.
(2) An appropriate Federally funded research and development center (FFRDC), as selected by the Secretary for purposes of this section.
(3) An appropriate organization described in section 501(c)(3) of the Internal Revenue Code of 1986 which is exempt from taxation under section 501(a) of such code, as selected by the Secretary for purposes of this section.
(c)
Performance
(1)
Independent performance
Each study performed pursuant to subsection (a) shall be performed independently of each other such study,
(2)
Matters To be considered
In performing a study pursuant to subsection, the officer or entity performing the study take into account, within the context of the current force structure for Marine Corps aviation, the following:
(A) The 2018 National Defense Strategy and the 2018 National Military Strategy.
(B) The Marine Corps Force Design 2030.
(C) Potential roles and missions for Marine Corps aviation given new operating concepts for the Marine Corps.
(D) The potential for increased requirements for survivable and dispersed strike aircraft.
(E) The potential for increased requirements for tactical or intratheater lift, amphibious lift, or surface connectors.
(d)
Study results
The results of each study performed pursuant to subsection (a) shall include the following:
(1) The various force structures for Marine Corps aviation through 2030 considered under such study, together with the assumptions and possible scenarios identified for each such force structure.
(2) A recommendation for the force structure for Marine Corps aviation through 2030, including the following in connection with such force structure:
(A) Numbers and type of aviation assets, numbers and types of associated unmanned assets, and basic capabilities of each such asset.
(B) A description and assessment of the deviation of such force structure from the most recent Marine Corps Aviation Plan.
(C) Any other information required for assessment of such force structure, including supporting analysis.
(3) A presentation and discussion of minority views among participants in such study.
(e)
Report
(1)
In general
Not later than April 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report setting forth the results of each study performed pursuant to subsection (a).
(2)
Form
The report under this subsection shall be submitted in unclassified form, but may include a classified annex.
G
Other Matters
1081.
Department of Defense strategic Arctic ports
(a)
Report
Not later than March 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report setting forth an updated assessment of the estimated cost of constructing, maintaining, and operating a strategic port in the Arctic at each potential site evaluated in the report pursuant to section 1752(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92). The report under this subsection shall include, for each potential site at which construction of such a port could be completed by 2030, an estimate of the number of days per year that such port would be usable by vessels of the Navy and the Coast Guard.
(b)
Designation of strategic Arctic ports
Not later than 90 days after the date on which the report required by subsection (a) is submitted, the Secretary of Defense may, in consultation with the Chairman of the Joint Chiefs of Staff, the Commanding General of the United States Army Corps of Engineers, the Commandant of the Coast Guard, and the Administrator of the Maritime Administration, designate one or more ports as Department of Defense Strategic Arctic Ports from the sites identified in the report referred to in subsection (a).
(c)
Rule of construction
Nothing in this section may be construed to authorize any additional appropriations for the Department of Defense for the establishment of any port designated pursuant to this section.
(d)
Arctic defined
In this section, the term Arctic has the meaning given that term in section 112 of the Arctic Research and Policy Act of 1984 (15 U.S.C. 4111).
1082.
Personal protective equipment matters
(a)
Briefings on fielding of newest generations of PPE to the Armed Forces
(1)
Briefings required
Not later than January 31, 2021, each Secretary of a military department shall submit to Congress a briefing on the fielding of the newest generations of personal protective equipment (PPE) to the Armed Forces under the jurisdiction of such Secretary.
(2)
Elements
Each briefing under paragraph (1) shall include, for each Armed Force covered by such briefing, the following:
(A) A description and assessment of the fielding of newest generations of personal protective equipment to members of such Armed Force, including the following:
(i) The number (aggregated by total number and by sex) of members of such Armed Force issued the Army Soldiers Protective System and the Modular Scalable Vest Generation II body armor as of December 31, 2020.
(ii) The number (aggregated by total number and by sex) of members of such Armed Force issued Marine Corps Plate Carrier Generation III (PC Gen III) body armor as of that date.
(iii) The number (aggregated by total number and by sex) of members of such Armed Force fitted with legacy personal protective equipment as of that date.
(B) A description and assessment of the barriers, if any, to the fielding of such generations of equipment to such members.
(C) A description and assessment of challenges in the fielding of such generations of equipment to such members, including cost overruns, contractor delays, and other challenges.
(b)
System for tracking data on injuries among members of the Armed Forces in use of newest generation PPE
(1)
System required
(A)
In general
The Director of the Defense Health Agency (DHA) shall develop and maintain a system for tracking data on injuries among members of the Armed Forces in and during the use of newest generation personal protective equipment.
(B)
Scope of system
The system required by this paragraph may, at the election of the Director, be new for purposes of this subsection or within or a modification of an appropriate existing system (such as the Defense Occupational And Environmental Health Readiness System (DOEHRS)).
(2)
Briefing
Not later than January 31, 2025, the Director shall submit to Congress a briefing on the prevalence among members of the Armed Forces of preventable injuries attributable to ill-fitting or malfunctioning personal protective equipment.
(c)
Assessments of members of the Armed Forces of injuries incurred in connection with ill-fitting or malfunctioning PPE
(1)
In general
Each health assessment specified in paragraph (2) that is undertaken after the date of the enactment of this Act shall include the following:
(A) One or more questions on whether members incurred an injury in connection with ill-fitting or malfunctioning personal protective equipment during the period covered by such assessment, including the nature of such injury.
(B) In the case members who have so incurred such an injury, one or more elements of self-evaluation of such injury by such members for purposes of facilitating timely documentation and enhanced monitoring of such members and injuries.
(2)
Assessments
The health assessments specified in this paragraph are the following:
(A) The annual Periodic Health Assessment (PHA) of members of the Armed Forces.
(B) The post-deployment health assessment of members of the Armed Forces.
1083.
Estimate of damages from Federal Communications Commission Order 20–48
(a)
Limitation, estimate, and certification
None of the funds authorized to be appropriated by this Act for fiscal year 2021 may be used by the Secretary of Defense to comply with the Order and Authorization adopted by the Federal Communications Commission on April 19, 2020 (FCC 20–48) until the Secretary—
(1) submits to the congressional defense committees an estimate of the extent of covered costs and the range of eligible reimbursable costs associated with interference resulting from such order and authorization to the Global Positioning System of the Department of Defense; and
(2) certifies to the congressional defense committees that the estimate submitted under paragraph (1) is accurate with a high degree of certainty.
(b)
Covered costs
For purposes of this section, covered costs include costs that would be incurred—
(1) to upgrade, repair, or replace potentially affected receivers of the Federal Government;
(2) to modify, repair, or replace equipment, spares, associated ancillary equipment, software, facilities, operating manuals, training, or compliance with regulations, including with regard to the underlying platform or system in which a capability of the Global Positioning System is embedded; and
(3) for personnel of the Department to engineer, validate, and verify that any required remediation provides the Department with the same operational capability for the affected system prior to terrestrial operation in the 1525 to 1559 megahertz or 1626.5 to 1660.5 megahertz bands of electromagnetic spectrum.
(c)
Range of eligible reimbursable costs
For purposes of this section, the range of eligible reimbursable costs includes—
(1) costs associated with engineering, equipment, software, site acquisition, and construction;
(2) any transaction expense that the Secretary determines is legitimate and prudent;
(3) costs relating to term-limited Federal civil servant and contractor staff; and
(4) the costs of research, engineering studies, or other expenses the Secretary determines reasonably incurred.
1084.
Modernization effort
(a)
Definitions
In this section—
(1) the term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information;
(2) the term covered agency—
(A) means any Federal entity that the Assistant Secretary determines is appropriate; and
(B) includes the Department of Defense;
(3) the term Federal entity has the meaning given the term in section 113(l) of the National Telecommunications and Information Administration Organization Act (47 U.S.C. 923(l));
(4) the term Federal spectrum means frequencies assigned on a primary basis to a covered agency;
(5) the term infrastructure means information technology systems and information technologies, tools, and databases; and
(6) the term NTIA means the National Telecommunications and Information Administration.
(b)
Initial interagency spectrum information technology coordination
Not later than 90 days after the date of enactment of this Act, the Assistant Secretary, in consultation with the Policy and Plans Steering Group, shall identify a process to establish goals, including parameters to measure the achievement of those goals, for the modernization of the infrastructure of covered agencies relating to managing the use of Federal spectrum by those agencies, which shall include—
(1) the standardization of data inputs, modeling algorithms, modeling and simulation processes, analysis tools with respect to Federal spectrum, assumptions, and any other tool to ensure interoperability and functionality with respect to that infrastructure;
(2) other potential innovative technological capabilities with respect to that infrastructure, including cloud-based databases, artificial intelligence technologies, automation, and improved modeling and simulation capabilities;
(3) ways to improve the management of covered agencies’ use of Federal spectrum through that infrastructure, including by—
(A) increasing the efficiency of that infrastructure;
(B) addressing validation of usage with respect to that infrastructure;
(C) increasing the accuracy of that infrastructure;
(D) validating models used by that infrastructure; and
(E) monitoring and enforcing requirements that are imposed on covered agencies with respect to the use of Federal spectrum by covered agencies;
(4) ways to improve the ability of covered agencies to meet mission requirements in congested environments with respect to Federal spectrum, including as part of automated adjustments to operations based on changing conditions in those environments;
(5) the creation of a time-based automated mechanism—
(A) to share Federal spectrum between covered agencies to collaboratively and dynamically increase access to Federal spectrum by those agencies; and
(B) that could be scaled across Federal spectrum; and
(6) the collaboration between covered agencies necessary to ensure the interoperability of Federal spectrum.
(c)
Spectrum information technology modernization
(1)
In general
Not later than 240 days after the date of enactment of this Act, the Assistant Secretary shall submit to Congress a report that contains the plan of the NTIA to modernize and automate the infrastructure of the NTIA relating to managing the use of Federal spectrum by covered agencies so as to more efficiently manage that use.
(2)
Contents
The report required under paragraph (1) shall include—
(A) an assessment of the current, as of the date on which the report is submitted, infrastructure of the NTIA described in that paragraph;
(B) an acquisition strategy for the modernized infrastructure of the NTIA described in that paragraph, including how that modernized infrastructure will enable covered agencies to be more efficient and effective in the use of Federal spectrum;
(C) a timeline for the implementation of the modernization efforts described in that paragraph;
(D) plans detailing how the modernized infrastructure of the NTIA described in that paragraph will—
(i) enhance the security and reliability of that infrastructure so that such infrastructure satisfies the requirements of subchapter II of chapter 35 of title 44, United States Code;
(ii) improve data models and analysis tools to increase the efficiency of the spectrum use described in that paragraph;
(iii) enhance automation and workflows, and reduce the scope and level of manual effort, in order to—
(I) administer the management of the spectrum use described in that paragraph; and
(II) improve data quality and processing time; and
(iv) improve the timeliness of spectrum analyses and requests for information, including requests submitted pursuant to section 552 of title 5, United States Code;
(E) an operations and maintenance plan with respect to the modernized infrastructure of the NTIA described in that paragraph;
(F) a strategy for coordination between the covered agencies within the Policy and Plans Steering Group, which shall include—
(i) a description of—
(I) those coordination efforts, as in effect on the date on which the report is submitted; and
(II) a plan for coordination of those efforts after the date on which the report is submitted, including with respect to the efforts described in subsection (d);
(ii) a plan for standardizing—
(I) electromagnetic spectrum analysis tools;
(II) modeling and simulation processes and technologies; and
(III) databases to provide technical interference assessments that are usable across the Federal Government as part of a common spectrum management infrastructure for covered agencies;
(iii) a plan for each covered agency to implement a modernization plan described in subsection (d)(1) that is tailored to the particular timeline of the agency;
(G) identification of manually intensive processes involved in managing Federal spectrum and proposed enhancements to those processes;
(H) metrics to evaluate the success of the modernization efforts described in that paragraph and any similar future efforts; and
(I) an estimate of the cost of the modernization efforts described in that paragraph and any future maintenance with respect to the modernized infrastructure of the NTIA described in that paragraph, including the cost of any personnel and equipment relating to that maintenance.
(d)
Interagency inputs
(1)
In general
Not later than 1 year after the date of enactment of this Act, the head of each covered agency shall submit to the Assistant Secretary and the Policy and Plans Steering Group a report that describes the plan of the agency to modernize the infrastructure of the agency with respect to the use of Federal spectrum by the agency so that such modernized infrastructure of the agency is interoperable with the modernized infrastructure of the NTIA, as described in subsection (c).
(2)
Contents
Each report submitted by the head of a covered agency under paragraph (1) shall—
(A) include—
(i) an assessment of the current, as of the date on which the report is submitted, management capabilities of the agency with respect to the use of frequencies that are assigned to the agency, which shall include a description of any challenges faced by the agency with respect to that management;
(ii) a timeline for completion of the modernization efforts described in that paragraph; and
(iii) a description of potential innovative technological capabilities for the management of frequencies that are assigned to the agency, as determined under subsection (b);
(iv) identification of agency-specific requirements or constraints relating to the infrastructure of the agency;
(v) identification of any existing, as of the date on which the report is submitted, systems of the agency that are duplicative of the modernized infrastructure of the NTIA, as proposed under subsection (c); and
(vi) with respect to the report submitted by the Secretary of Defense—
(I) a strategy for the integration of systems or the flow of data among the Armed Forces, the military departments, the Defense Agencies and Department of Defense Field Activities, and other components of the Department of Defense;
(II) a plan for the implementation of solutions to the use of Federal spectrum by the Department of Defense involving information at multiple levels of classification; and
(III) a strategy for addressing, within the modernized infrastructure of the Department of Defense described in that paragraph, the exchange of information between the Department of Defense and the NTIA in order to accomplish required processing of all Department of Defense domestic spectrum coordination and management activities; and
(B) be submitted in an unclassified format, with a classified annex, as appropriate.
(3)
Notification of Congress
Upon submission of the report required under paragraph (1), the head of each covered agency shall notify Congress that the head of the covered agency has submitted the report.
(e)
GAO oversight
The Comptroller General of the United States shall—
(1) not later than 90 days after the date of enactment of this Act, conduct a review of the infrastructure of covered agencies, as that infrastructure exists on the date of enactment of this Act;
(2) after all of the reports required under subsection (d) have been submitted, conduct oversight of the implementation of the modernization plans submitted by the NTIA and covered agencies under subsections (c) and (d), respectively;
(3) not later than 1 year after the date on which the Comptroller General begins conducting oversight under paragraph (2), and annually thereafter, submit a report regarding that oversight to—
(A) with respect to the implementation of the modernization plan of the Department of Defense, the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives; and
(B) with respect to the implementation of the modernization plans of all covered agencies, including the Department of Defense, the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives; and
(4) provide regular briefings to—
(A) with respect to the application of this section to the Department of Defense, the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives; and
(B) with respect to the application of this section to all covered agencies, including the Department of Defense, the Committee on Commerce, Science, and Transportation of the Senate and the Committee on Energy and Commerce of the House of Representatives.
XI
Civilian Personnel Matters
A
Department of Defense Matters
1101.
Enhanced pay authority for certain acquisition and technology positions in the Department of Defense
(a)
In general
Subchapter I of chapter 87 of title 10, United States Code, is amended by inserting after section 1701a the following new section:
1701b.
Enhanced pay authority for certain acquisition and technology positions
(a)
In general
The Secretary of Defense may carry out a program using the pay authority specified in subsection (d) to fix the rate of basic pay for positions described in subsection (c) in order to assist the Office of the Secretary of Defense and the military departments in attracting and retaining high-quality acquisition and technology experts in positions responsible for managing and developing complex, high-cost, technological acquisition efforts of the Department of Defense.
(b)
Approval required
The program may be carried out only with approval as follows:
(1) Approval of the Under Secretary of Defense for Acquisition and Sustainment, in the case of positions in the Office of the Secretary of Defense.
(2) Approval of the service acquisition executive of the military department concerned, in the case of positions in a military department.
(c)
Positions
The positions described in this subsection are positions that—
(1) require expertise of an extremely high level in a scientific, technical, professional, or acquisition management field; and
(2) are critical to the successful accomplishment of an important acquisition or technology development mission.
(d)
Rate of basic pay
The pay authority specified in this subsection is authority as follows:
(1) Authority to fix the rate of basic pay for a position at a rate not to exceed 150 percent of the rate of basic pay payable for level I of the Executive Schedule, upon the approval of the Under Secretary of Defense for Acquisition and Sustainment or the service acquisition executive concerned, as applicable.
(2) Authority to fix the rate of basic pay for a position at a rate in excess of 150 percent of the rate of basic pay payable for level I of the Executive Schedule, upon the approval of the Secretary of Defense.
(e)
Limitations
(1)
In general
The authority in subsection (a) may be used only to the extent necessary to competitively recruit or retain individuals exceptionally well qualified for positions described in subsection (c).
(2)
Number of positions
The authority in subsection (a) may not be used with respect to more than five positions in the Office of the Secretary of Defense and more than five positions in each military department at any one time.
(3)
Term of positions
The authority in subsection (a) may be used only for positions having terms less than five years.
.
(b)
Clerical amendment
The table of sections at the beginning of subchapter I of chapter 87 of such title is amended by inserting after the item relating to section 1701a the following new item:
1701b. Enhanced pay authority for certain acquisition and technology positions.
.
(c)
Repeal of pilot program
(1)
In general
Section 1111 of the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 1701 note) is repealed.
(2)
Continuation of pay
The repeal in paragraph (1) shall not be interpreted to prohibit the payment of basic pay at rates fixed under such section 1111 before the date of the enactment of this Act for positions having terms that continue after that date.
1102.
Enhanced pay authority for certain research and technology positions in the science and technology reinvention laboratories of the Department of Defense
(a)
In general
Chapter 139 of title 10, United States Code, is amended by inserting after section 2358b the following new section:
2358c.
Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories
(a)
In general
The Secretary of Defense may carry out a program using the pay authority specified in subsection (d) to fix the rate of basic pay for positions described in subsection (c) in order to assist the military departments in attracting and retaining high quality acquisition and technology experts in positions responsible for managing and performing complex, high-cost research and technology development efforts in the science and technology reinvention laboratories of the Department of Defense.
(b)
Approval Required
The program may be carried out in a military department only with the approval of the service acquisition executive of the military department concerned.
(c)
Positions
The positions described in this subsection are positions in the science and technology reinvention laboratories of the Department of Defense that—
(1) require expertise of an extremely high level in a scientific, technical, professional, or acquisition management field; and
(2) are critical to the successful accomplishment of an important research or technology development mission.
(d)
Rate of Basic Pay
The pay authority specified in this subsection is authority as follows:
(1) Authority to fix the rate of basic pay for a position at a rate not to exceed 150 percent of the rate of basic pay payable for level I of the Executive Schedule, upon the approval of the service acquisition executive concerned.
(2) Authority to fix the rate of basic pay for a position at a rate in excess of 150 percent of the rate of basic pay payable for level I of the Executive Schedule, upon the approval of the Secretary of the military department concerned.
(e)
Limitations
(1)
In general
The authority in subsection (a) may be used only to the extent necessary to competitively recruit or retain individuals exceptionally well qualified for positions described in subsection (c).
(2)
Number of positions
The authority in subsection (a) may not be used with respect to more than five positions in each military department at any one time.
(3)
Term of positions
The authority in subsection (a) may be used only for positions having a term of less than five years.
(f)
Science and Technology Reinvention Laboratories of the Department of Defense Defined
In this section, the term science and technology reinvention laboratories of the Department of Defense means the laboratories designated as science and technology reinvention laboratories by section 1105(a) of the National Defense Authorization Act for Fiscal Year 2010 (10 U.S.C. 2358 note).
.
(b)
Clerical amendment
The table of sections at the beginning of chapter 139 of such title is amended by inserting after the item relating to section 2358b the following new item:
2358c. Enhanced pay authority for certain research and technology positions in science and technology reinvention laboratories.
.
(c)
Repeal of pilot program
(1)
In general
Section 1124 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2456; 10 U.S.C. 2358 note) is repealed.
(2)
Continuation of pay
The repeal in paragraph (1) shall not be interpreted to prohibit the payment of basic pay at rates fixed under such section 1124 before the date of the enactment of this Act for positions having terms that continue after that date.
1103.
Extension of enhanced appointment and compensation authority for civilian personnel for care and treatment of wounded and injured members of the Armed Forces
Section 1599c(b) of title 10, United States Code, is amended by striking December 31, 2020 both places it appears and inserting December 31, 2025.
1104.
Extension of overtime rate authority for Department of the Navy employees performing work aboard or dockside in support of the nuclear-powered aircraft carrier forward deployed in Japan
Section 5542(a)(6)(B) of title 5, United States Code, is amended by striking September 30, 2021 and inserting September 30, 2023.
1105.
Expansion of direct hire authority for certain Department of Defense personnel to include installation military housing office positions supervising privatized military housing
Section 9905(a) of title 5, United States Code, is amended by adding at the end the following new paragraph:
(11) Any position in the military housing office of a military installation whose primary function is supervision of military housing covered by subchapter IV of chapter 169 of title 10.
.
1106.
Extension of sunset of inapplicability of certification of executive qualifications by qualification certification review board of Office of Personnel Management for initial appointments to Senior Executive Service positions in Department of Defense
Section 1109(e) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2010; 5 U.S.C. 3393 note) is amended by striking on the date and all that follows and inserting on August 13, 2023.
1107.
Pilot program on enhanced pay authority for certain high-level management positions in the Department of Defense
(a)
Pilot program authorized
The Secretary of Defense may carry out a pilot program to assess the feasibility and advisability of using the pay authority specified in subsection (d) to fix the rate of basic pay for positions described in subsection (c) in order to assist the Department of Defense in attracting and retaining personnel with significant experience in high-level management of complex organizations and enterprise functions in order to lead implementation by the Department of the National Defense Strategy.
(b)
Approval required
The pilot program may be carried out only with approval as follows:
(1) Approval of the Deputy Secretary of Defense, in the case of a position not under the authority, direction, and control of an Under Secretary of Defense and not under the authority, direction, and control of the Under Secretary of a military department.
(2) Approval of the applicable Under Secretary of Defense, in the case of a position under the authority, direction, and control of an Under Secretary of Defense.
(3) Approval of the Under Secretary or an Assistant Secretary of the military department concerned, in the case of a position in a military department.
(c)
Positions
The positions described in this subsection are positions that require expertise of an extremely high level in innovative leadership and management of enterprise-wide business operations, including financial management, health care, supply chain and logistics, information technology, real property stewardship, and human resources, across a large and complex organization.
(d)
Rate of basic pay
The pay authority specified in this subsection is authority as follows:
(1) Authority to fix the rate of basic pay for a position at a rate not to exceed 150 percent of the rate of basic pay payable for level I of the Executive Schedule, upon the approval of the applicable official under subsection (b).
(2) Authority to fix the rate of basic pay for a position at a rate in excess of 150 percent of the rate of basic pay payable for level I of the Executive Schedule, upon the approval of the Secretary of Defense.
(e)
Limitations
(1)
In general
The authority in subsection (a) may be used only to the extent necessary to competitively recruit or retain individuals exceptionally well qualified for positions described in subsection (c).
(2)
Number of positions
The authority in subsection (a) may not be used with respect to—
(A) more than 10 positions in the Office of the Secretary of Defense and components of the Department of Defense other than the military departments at any one time; and
(B) more than five positions in each military department at any one time.
(3)
Term of positions
The authority in subsection (a) may be used only for positions having terms less than five years.
(4)
Past service
An individual may not be appointed to a position pursuant to the authority provided by subsection (a) if the individual separated or retired from Federal civil service or service as a commissioned officer of an Armed Force on a date that is less than five years before the date of such appointment of the individual.
(f)
Termination
(1)
In general
The authority to fix rates of basic pay for a position under this section shall terminate on October 1, 2025.
(2)
Continuation of pay
Nothing in paragraph (1) shall be construed to prohibit the payment after October 1, 2025, of basic pay at rates fixed under this section before that date for positions whose terms continue after that date.
1108.
Pilot program on expanded authority for appointment of recently retired members of the Armed Forces to positions in the Department of Defense
(a)
Pilot program required
The Secretary of Defense shall carry out a pilot program to assess the feasibility and advisability of expanding the use of the authority in section 3326 of title 5, United States Code, to appoint retired members of the Armed Forces described in subsection (b) of that section to positions in the Department of Defense described in subsection (b) of this section.
(b)
Positions
(1)
In general
The positions in the Department described in this subsection are positions classified at or below GS–13 under the General Schedule under subchapter III of chapter 53 of title 5, United States Code, or an equivalent level under another wage system, in the competitive service—
(A) to which appointments are authorized using Direct Hire Authority or Expedited Hiring Authority; and
(B) that have been certified by the Secretary of the military department concerned as lacking sufficient numbers of potential applicants who are not retired members of the Armed Forces.
(2)
Limitation on delegation of certification
The Secretary of a military department may not delegate the authority to make a certification described in paragraph (1)(B) to an individual in a grade lower than colonel, captain in the Navy, or an equivalent grade in the Space Force, or an individual with an equivalent civilian grade.
(c)
Duration
The duration of the pilot program shall be three years.
(d)
Report
Not later than two years after the commencement of the pilot program, the Secretary of Defense shall submit to the congressional defense committees a report on the pilot program. The report shall include the following:
(1) A description of the pilot program, including the positions to which appointments are authorized to be made under the pilot program and the number of retired members appointed to each such position under the pilot program.
(2) Any other matters in connection with the pilot program that the Secretary considers appropriate.
1109.
Direct hire authority and relocation incentives for positions at remote locations
(a)
In general
Chapter 81 of title 10, United States Code, is amended by adding at the end the following new section:
1599i.
Direct hire authority and relocation incentives for positions at remote locations
(a)
Direct hire authority
(1)
In general
The Secretary of Defense may appoint, without regard to any provision of subchapter I of chapter 33 of title 5, qualified applicants to positions in the competitive service to fill vacancies at covered locations.
(2)
Covered locations
For purposes of this section, a covered location is a location for which the Secretary has determined that critical hiring needs are not being met due to the geographic remoteness or isolation or extreme climate conditions of the location.
(b)
Relocation incentives
(1)
In general
An individual appointed to a position pursuant to subsection (a) may be paid a relocation incentive in connection with the relocation of the individual to the location of the position.
(2)
Amount
The amount of a relocation incentive payable to an individual under this subsection may not exceed the amount equal to—
(A) 25 percent of the annual rate of basic pay of the employee for the position concerned as of the date on which the service period in such position agreed to by the individual under paragraph (3) commences; multiplied by
(B) the number of years (including fractions of a year) of such service period (not to exceed four years).
(3)
Service agreement
To receive a relocation incentive under this subsection, an individual appointed to a position under subsection (a) shall enter into an agreement with the Secretary of Defense to complete a period of service at the covered location. The period of obligated service of the individual at such location under the agreement may not exceed four years. The agreement shall include such repayment or alternative employment obligations as the Secretary considers appropriate for failure of the individual to complete the period of obligated service specified in the agreement.
(4)
Relationship to other relocation pay
A relocation incentive paid to an individual for a relocation under this subsection is in addition to any other relocation incentive or payment payable to the individual for such relocation by law.
(c)
Sunset
Effective on September 30, 2022, the authority provided under subsection (a) and the authority to provide relocation incentives under subsection (b) shall expire.
.
(b)
Outcome measurements
The Secretary of Defense shall develop outcome measurements to evaluate the effect of the authority provided under subsection (a) of section 1599i of title 10, United States Code, as added by subsection (a), and any relocation incentives provided under subsection (b) of such section.
(c)
Report required
(1)
In general
Not later than March 1, 2022, the Secretary of Defense shall submit to the congressional defense committees a report on the effect of the authority provided under subsection (a) of section 1599i of title 10, United States Code, as added by subsection (a), and any relocation incentives provided under subsection (b) of such section.
(2)
Elements
The report required by paragraph (1) shall include the following:
(A) A description and assessment of the effectiveness and achievements of the authority and relocation incentives described in paragraph (1), including—
(i) the number of employees hired to covered locations described in section 1599i(a)(2) of title 10, United States Code, as added by subsection (a); and
(ii) the cost-per-placement of such employees.
(B) A comparison of the effectiveness and use of the authority and relocation incentives described in paragraph (1) to authorities under title 5, United States Code, used by the Department of Defense before the date of the enactment of this Act to support hiring at remote or rural locations.
(C) An assessment of—
(i) the minority community outreach efforts made in using the authority and providing relocation incentives described in paragraph (1); and
(ii) participation outcomes.
(D) Such other matters as the Secretary considers appropriate.
(d)
Clerical amendment
The table of sections at the beginning of chapter 81 of title 10, United States Code, is amended by adding at the end the following new item:
1599i. Direct hire authority and relocation incentives for positions at remote locations.
.
1110.
Modification of direct hire authority for certain personnel involved with Department of Defense maintenance activities
Section 9905(a)(1) of title 5, United States Code, is amended by striking including and all that follows and inserting the following: “including—
(A) depot-level maintenance and repair; and
(B) support functions for such activities.
.
1110A.
Fire Fighters Alternative Work Schedule demonstration project for the Navy Region Mid-Atlantic Fire and Emergency Services
(a)
In general
Not later than 180 days after the date of the enactment of this Act, the Commander, Navy Region Mid-Atlantic, shall establish and carry out, for a period of not less than five years, a Fire Fighters Alternative Work Schedule demonstration project for the Navy Region Mid-Atlantic Fire and Emergency Services. Such demonstration project shall provide, with respect to each employee of the Navy Region Mid-Atlantic Fire and Emergency Services, that—
(1) assignments to tours of duty are scheduled in advance over periods of not less than two weeks;
(2) tours of duty are scheduled using a regularly recurring pattern of 48-hour shifts followed by 48 or 72 consecutive non-work hours, as determined by mutual agreement between the Commander, Navy Region Mid-Atlantic, and the exclusive employee representative at each Navy Region Mid-Atlantic installation, in such a manner that each employee is regularly scheduled for 144-hours in any two-week period;
(3) for any such employee that is a fire fighter working an alternative work schedule, such employee shall earn overtime compensation in a manner consistent with other applicable law and regulation;
(4) no right shall be established to any form of premium pay, including night, Sunday, holiday, or hazard duty pay; and
(5) leave accrual and use shall be consistent with other applicable law and regulation.
(b)
Report
Not later than 180 days after the date on which the demonstration project under this section terminates, the Commander, Navy Region Mid-Atlantic, shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report detailing—
(1) any financial savings or expenses directly and inseparably linked to the demonstration project;
(2) any intangible quality of life and morale improvements achieved by the demonstration project; and
(3) any adverse impact of the demonstration project occurring solely as the result of the transition to the demonstration project.
B
Government-Wide Matters
1111.
One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone
Paragraph (2) of section 1603(a) of the Emergency Supplemental Appropriations Act for Defense, the Global War on Terror, and Hurricane Recovery, 2006 (Public Law 109–234; 120 Stat. 443), as added by section 1102 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4616) and as most recently amended by section 1104 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is further amended by striking 2021 and inserting 2022.
1112.
One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for Federal civilian employees working overseas
Subsection (a) of section 1101 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4615), as most recently amended by section 1105 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is further amended by striking through 2020 and inserting through 2021.
1113.
Technical amendments to authority for reimbursement of Federal, State, and local income taxes incurred during travel, transportation, and relocation
(a)
In general
Section 5724b(b) of title 5, United States Code, is amended—
(1) by striking or relocation expenses reimbursed and inserting and relocation expenses reimbursed; and
(2) by striking of chapter 41 and inserting or chapter 41.
(b)
Effective date
The amendments made by subsection (a) shall take effect on January 1, 2018, immediately after the coming into effect of the amendments made by subsection (a) of section 1114 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), as provided for in subsection (c) of such section 1114.
XII
Matters relating to foreign nations
A
Assistance and training
1201.
Authority to build capacity for additional operations
Section 333(a) of title 10, United States Code, is amended by adding at the end the following new paragraph:
(8) Cyberspace operations.
.
1202.
Authority to build capacity for air sovereignty operations
Section 333(a) of title 10, United States Code, as amended by section 1201, is further amended—
(1) by redesignating paragraphs (7) and (8) as paragraphs (8) and (9), respectively; and
(2) by inserting after paragraph (6) the following new paragraph (7):
(7) Air sovereignty operations.
.
1203.
Modification to the Inter-European Air Forces Academy
Section 350(b) of title 10, United States Code, is amended by striking that are and all that follows through the period at the end and inserting “that are—
(1) members of the North Atlantic Treaty Organization;
(2) signatories to the Partnership for Peace Framework Documents; or
(3)
(A) within the United States Africa Command area of responsibility; and
(B) eligible for assistance under chapter 5 of part II of the Foreign Assistance Act of 1961 (22 U.S.C. 2347 et seq.).
.
1204.
Modification to support of special operations for irregular warfare
Subsection (a) of section 1202 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1639), as most recently amended by section 1207 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is further amended by striking $10,000,000 and inserting $15,000,000.
1205.
Extension and modification of authority to support border security operations of certain foreign countries
(a)
Funds available for support
Subsection (b) of section 1226 of the National Defense Authorization Act for Fiscal Year 2016 (22 U.S.C. 2151 note) is amended to read as follows:
(b)
Funds available for support
Amounts to provide support under the authority of subsection (a) may be derived only from amounts authorized to be appropriated and available for operation and maintenance, Defense-wide.
.
(b)
Extension
Subsection (h) of such section is amended by striking December 31, 2021 and inserting December 31, 2023.
1206.
Modification of authority for participation in multinational centers of excellence
(a)
In general
Section 344 of title 10, United States Code, is amended—
(1) in the section heading, by striking multinational military centers of excellence and inserting multinational centers of excellence;
(2) by striking multinational military center of excellence each place it appears and inserting multinational center of excellence;
(3) by striking multinational military centers of excellence each place it appears and inserting multinational centers of excellence;
(4) in subsection (b)(1), by inserting or entered into by the Secretary of State, after Secretary of State,;
(5) in subsection (e)—
(A) in the subsection heading, by striking Multinational military center of excellence and inserting Multinational center of excellence;
(B) by redesignating paragraphs (1) through (4) as subparagraphs (A) through (D), respectively, and moving the subparagraphs two ems to the right;
(C) in the matter preceding subparagraph (A), as so redesignated, by striking means an entity and inserting “means—
(1) an entity
;
(D) in subparagraph (D), as so redesignated, by striking the period at the end and inserting ; and; and
(E) by adding at the end the following new paragraph:
(2) the European Centre of Excellence for Countering Hybrid Threats, established in 2017 and located in Helsinki, Finland.
;
(6) by redesignating subsection (e) as subsection (f); and
(7) by inserting after subsection (d) the following new subsection (e):
(e)
Notification
Not later than 30 days before the date on which the Secretary of Defense authorizes participation under subsection (a) in a new multinational center of excellence, the Secretary shall notify the congressional defense committees of such participation.
.
(b)
Conforming amendment
Title 10, United States Code, is amended, in the table of sections at the beginning of subchapter V of chapter 16, by striking the item relating to section 344 and inserting the following:
344. Participation in multinational centers of excellence.
.
1207.
Implementation of the Women, Peace, and Security Act of 2017
(a)
In general
During the period beginning on the date of the enactment of this Act and ending on September 30, 2025, the Secretary of Defense shall undertake activities consistent with the Women, Peace, and Security Act of 2017 (Public Law 115–68; 131 Stat. 1202) and with the guidance specified in this section, including—
(1) establishing Department of Defense-wide policies and programs that advance the implementation of that Act, including military doctrine and Department-specific and combatant command-specific programs;
(2) ensuring the Department sufficient personnel to serve as gender advisors, including by hiring and training full-time equivalent personnel, as necessary, and establishing roles, responsibilities, and requirements for gender advisors;
(3) the deliberate integration of gender analysis into relevant training for members of the Armed Forces across ranks, as described in the Women's Entrepreneurship and Economic Empowerment Act of 2018 (Public Law 115–428; 132 Stat. 5509); and
(4) security cooperation activities that further the implementation of the Women, Peace, and Security Act of 2017 (Public Law 115–68; 131 Stat. 1202).
(b)
Building partner defense institution and security force capacity
(1)
Incorporation of gender analysis and participation of women into security cooperation activities
Consistent with the Women, Peace, and Security Act of 2017 (Public Law 115–68; 131 Stat. 1202), the Secretary of Defense, in coordination with the Secretary of State, shall seek to incorporate gender analysis and participation by women, as appropriate, into the institutional and national security force capacity-building activities of security cooperation programs carried out under title 10, United States Code, including by—
(A) incorporating gender analysis and women, peace, and security priorities, including sex-disaggregated data, into educational and training materials and programs authorized by section 333 of title 10, United States Code;
(B) advising on the recruitment, employment, development, retention, and promotion of women in such national security forces, including by—
(i) identifying existing military career opportunities for women;
(ii) exposing women and girls to careers available in such national security forces and the skills necessary for such careers; and
(iii) encouraging women's and girls' interest in such careers by highlighting as role models women of the United States and applicable foreign countries in uniform;
(C) addressing sexual harassment and abuse against women within such national security forces;
(D) integrating gender analysis into security sector policy, planning, and training for such national security forces; and
(E) improving infrastructure to address the requirements of women serving in such national security forces, including appropriate equipment for female security and police forces.
(2)
Barriers and opportunities
Partner country assessments conducted in the course of Department security cooperation activities to build the capacity of the national security forces of foreign countries shall include attention to the barriers and opportunities with respect to strengthening recruitment, employment, development, retention, and promotion of women in the military forces of such partner countries.
(c)
Department-wide policies on women, peace, and security
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall initiate a process to establish standardized policies described in subsection (a)(1).
(d)
Funding
The Secretary of Defense may use funds authorized to be appropriated in each fiscal year to the Department of Defense for operation and maintenance as specified in the table in section 4301 for carrying out the full implementation of the Women, Peace, and Security Act of 2017 (Public Law 115–68; 131 Stat. 1202) and the guidance on the matters described in paragraphs (1) through (4) of subsection (a) and subparagraphs (A) through (E) of subsection (b)(1).
(e)
Annual report
Not later than one year after the date of the enactment of this Act, and annually thereafter through 2025, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the steps the Department has taken to implement the Women, Peace, and Security Act of 2017 (Public Law 115–68; 131 Stat. 1202), including—
(1) a description of the progress made on each matter described in paragraphs (1) through (4) of subsection (a) and subparagraphs (A) through (E) of subsection (b)(1); and
(2) an identification of the amounts used for such purposes.
(f)
Appropriate committees of Congress defined
In this section, the term appropriate committees of Congress means—
(1) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(2) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
1208.
Ted Stevens Center for Arctic Security Studies
(a)
Plan required
(1)
In general
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in coordination with the Secretary of State, shall submit to the congressional defense committees a plan to establish a Department of Defense Regional Center for Security Studies for the Arctic.
(2)
Elements
The plan required by paragraph (1) shall include the following:
(A) A description of the benefits of establishing such a center, including the manner in which the establishment of such a center would benefit United States and Department interests in the Arctic region.
(B) A description of the mission and purpose of such a center, including specific policy guidance from the Office of the Secretary of Defense.
(C) An analysis of suitable reporting relationships with the applicable combatant commands.
(D) An assessment of suitable locations for such a center that are—
(i) in proximity to other academic institutions that study security implications with respect to the Arctic region;
(ii) in proximity to the designated lead for Arctic affairs of the United States Northern Command;
(iii) in proximity to a central hub of assigned Arctic-focused Armed Forces so as to suitably advance relevant professional development of skills unique to the Arctic region; and
(iv) in a State located outside the contiguous United States.
(E) A description of the establishment and operational costs of such a center, including for—
(i) military construction for required facilities;
(ii) facility renovation;
(iii) personnel costs for faculty and staff; and
(iv) other costs the Secretary of Defense considers appropriate.
(F) An evaluation of the existing infrastructure, resources, and personnel available at military installations and at universities and other academic institutions that could reduce the costs described in accordance with subparagraph (E).
(G) An examination of partnership opportunities with United States allies and partners for potential collaboration and burden sharing.
(H) A description of potential courses and programs that such a center could carry out, including—
(i) core, specialized, and advanced courses;
(ii) planning workshops;
(iii) seminars;
(iv) confidence-building initiatives; and
(v) academic research.
(I) A description of any modification to title 10, United States Code, necessary for the effective operation of such a center.
(3)
Form
The plan required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(b)
Establishment
(1)
In general
Not earlier than 30 days after the submittal of the plan required by subsection (a), and subject to the availability of appropriations, the Secretary of Defense may establish and administer a Department of Defense Regional Center for Security Studies for the Arctic, to be known as the Ted Stevens Center for Arctic Security Studies, for the purpose described in section 342(a) of title 10, United States Code.
(2)
Location
The Ted Stevens Center for Arctic Security Studies may be located—
(A) in proximity to other academic institutions that study security implications with respect to the Arctic region;
(B) in proximity to the designated lead for Arctic affairs of the United States Northern Command;
(C) in proximity to a central hub of assigned Arctic-focused Armed Forces so as to suitably advance relevant professional development of skills unique to the Arctic region; and
(D) in a State located outside the contiguous United States.
1209.
Functional Center for Security Studies in Irregular Warfare
(a)
Report required
(1)
In general
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of State, shall submit to the congressional defense committees a report that assesses the merits and feasibility of establishing and administering a Department of Defense Functional Center for Security Studies in Irregular Warfare.
(2)
Elements
The report required by paragraph (1) shall include the following:
(A) A description of the benefits to the United States, and the allies and partners of the United States, of establishing such a functional center, including the manner in which the establishment of such a functional center would enhance and sustain focus on, and advance knowledge and understanding of, matters of irregular warfare, including cybersecurity, nonstate actors, information operations, counterterrorism, stability operations, and the hybridization of such matters.
(B) A detailed description of the mission and purpose of such a functional center, including applicable policy guidance from the Office of the Secretary of Defense.
(C) An analysis of appropriate reporting and liaison relationships between such a functional center and—
(i) the geographic and functional combatant commands;
(ii) other Department of Defense stakeholders; and
(iii) other government and nongovernment entities and organizations.
(D) An enumeration and valuation of criteria applicable to the determination of a suitable location for such a functional center.
(E) A description of the establishment and operational costs of such a functional center, including for—
(i) military construction for required facilities;
(ii) facility renovation;
(iii) personnel costs for faculty and staff; and
(iv) other costs the Secretary of Defense considers appropriate.
(F) An evaluation of the existing infrastructure, resources, and personnel available at military installations and at universities and other academic and research institutions that could reduce the costs described in subparagraph (E).
(G) An examination of partnership opportunities with United States allies and partners for potential collaboration and burden sharing.
(H) A description of potential courses and programs that such a functional center could carry out, including—
(i) core, specialized, and advanced courses;
(ii) planning workshops and structured after-action reviews or debriefs;
(iii) seminars;
(iv) initiatives on executive development, relationship building, partnership outreach, and any other matter the Secretary of Defense considers appropriate; and
(v) focused academic research and studies in support of Department priorities.
(I) A description of any modification to title 10, United States Code, or any other provision of law, necessary for the effective establishment and administration of such a functional center.
(3)
Form
The report required by paragraph (1) shall be submitted in unclassified form, but may include a classified annex.
(b)
Establishment
(1)
In general
Not earlier than 30 days after the submittal of the report required by subsection (a), and subject to the availability of appropriated funds, the Secretary of Defense may establish and administer a Department of Defense Functional Center for Security Studies in Irregular Warfare.
(2)
Treatment as a Regional Center for Security Studies
A Department of Defense Functional Center for Security Studies in Irregular Warfare established under paragraph (1) shall be operated and administered in the same manner as the Department of Defense Regional Centers for Security Studies under section 342 of title 10, United States Code, and in accordance with such regulations as the Secretary of Defense may prescribe.
(3)
Limitation
No other institution or element of the Department may be designated as a Department of Defense functional center, except by an Act of Congress.
(4)
Location
The location of a Department of Defense Functional Center for Security Studies in Irregular Warfare established under paragraph (1) shall be selected based on an objective, criteria-driven administrative or competitive award process, in accordance with which the merits of locating such functional center in Tempe, Arizona, may be evaluated together with other suitable locations.
B
Matters relating to Afghanistan and Pakistan
1211.
Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations
(a)
Extension
Subsection (a) of section 1233 of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 393), as most recently amended by section 1217 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is further amended by striking beginning on October 1, 2019, and ending on December 31, 2020 and inserting beginning on October 1, 2020, and ending on December 31, 2021.
(b)
Modification to limitation
Subsection (d)(1) of such section is amended—
(1) by striking beginning on October 1, 2019, and ending on December 31, 2020 and inserting beginning on October 1, 2020, and ending on December 31, 2021; and
(2) by striking $450,000,000 and inserting $180,000,000.
1212.
Extension and modification of Commanders' Emergency Response Program
Section 1201 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 125 Stat. 1619), as most recently amended by section 1208(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is further amended—
(1) in subsection (a)—
(A) by striking December 31, 2020 and inserting December 31, 2021; and
(B) by striking $2,500,000 and inserting $2,000,000;
(2) in subsection (b), by striking the subsection designation and heading and all that follows through the period at the end of paragraph (1) and inserting the following:
(b)
Quarterly reports
(1)
In general
Beginning in fiscal year 2021, not later than 45 days after the end of each quarter fiscal year, the Secretary of Defense shall submit to the congressional defense committees a report regarding the source of funds and the allocation and use of funds during that quarter fiscal year that were made available pursuant to the authority provided in this section or under any other provision of law for the purposes of the program under subsection (a).
; and
(3) in subsection (f), by striking December 31, 2020 and inserting December 31, 2021.
1213.
Extension and modification of support for reconciliation activities led by the Government of Afghanistan
(a)
Modification of authority To provide covered support
Subsection (a) of section 1218 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended—
(1) by striking the subsection designation and heading and all that follows through The Secretary of Defense and inserting the following:
(a)
Authority To provide covered support
(1)
In general
Subject to paragraph (2), the Secretary of Defense
; and
(2) by adding at the end the following new paragraph:
(2)
Limitation on use of funds
Amounts authorized to be appropriated or otherwise made available for the Department of Defense by this Act may not be obligated or expended to provide covered support until the date on which the Secretary of Defense submits to the appropriate committees of Congress the report required by subsection (b).
.
(b)
Participation in reconciliation activities
Such section is further amended—
(1) by redesignating subsections (i) through (k) as subsections (j) through (l), respectively;
(2) by inserting after subsection (h) the following new subsection (i):
(i)
Participation in reconciliation activities
Covered support may only be used to support a reconciliation activity that—
(1) includes the participation of members of the Government of Afghanistan; and
(2) does not restrict the participation of women.
.
(c)
Extension
Subsection (k) of such section, as so redesignated, is amended by striking December 31, 2020 and inserting December 31, 2021.
(d)
Exclusions from covered support
Such section is further amended in paragraph (2)(B) of subsection (l), as so redesignated—
(1) in clause (ii), by inserting , reimbursement for travel or lodging, and stipends or per diem payments before the period at the end; and
(2) by adding at the end the following new clause:
(iii) Any activity involving one or more members of an organization designated as a foreign terrorist organization pursuant to section 219 of the Immigration and Nationality Act (8 U.S.C. 1189) or an individual designated as a specially designated global terrorist pursuant to Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism).
.
1214.
Sense of Senate on special immigrant visa program for Afghan allies
It is the sense of the Senate that—
(1) the special immigrant visa program for Afghan allies is critical to the mission in Afghanistan and the long-term interests of the United States;
(2) maintaining a robust special immigrant visa program for Afghan allies is necessary to support United States Government personnel in Afghanistan who need translation, interpretation, security, and other services;
(3) Afghan allies routinely risk their lives to assist United States military and diplomatic personnel;
(4) honoring the commitments made to Afghan allies with respect to the special immigrant visa program is essential to ensuring—
(A) the continued service and safety of such allies; and
(B) the willingness of other like-minded individuals to provide similar services in any future contingency;
(5) the Afghan Allies Protection Act of 2009 (8 U.S.C. 1101 note) states that all Government-controlled processing of applications for special immigrant visas under that Act should be completed not later than 9 months after the date on which an eligible alien submits all required materials to complete an application for such visa;
(6) any backlog in processing special immigrant visa applications should be addressed as quickly as possible so as to honor the United States commitment to Afghan allies as soon as possible;
(7) failure to process such applications in an expeditious manner puts lives at risk and jeopardizes a critical element of support to United States operations in Afghanistan; and
(8) to prevent harm to the operations of the United States Government in Afghanistan, additional visas should be made available to principal aliens who are eligible for special immigrant status under that Act.
1215.
Sense of Senate and report on United States presence in Afghanistan
(a)
Sense of the Senate
It is the sense of the Senate that—
(1) the United States and our coalition partners have made progress in the fight against al-Qaeda and ISIS in Afghanistan; however, both groups—
(A) maintain an ability to operate in Afghanistan;
(B) seek to undermine stability in the region; and
(C) threaten the security of Afghanistan, the United States, and the allies of the United States;
(2) the South Asia strategy correctly emphasizes the importance of a conditions-based United States presence in Afghanistan; therefore, any decision to withdraw the Armed Forces of the United States from Afghanistan should be done in an orderly manner in response to conditions on the ground, and in coordination with the Government of Afghanistan and United States allies and partners in the Resolute Support mission, rather than arbitrary timelines;
(3) a precipitous withdrawal of the Armed Forces of the United States and United States diplomatic and intelligence personnel from Afghanistan without effective, countervailing efforts to secure gains in Afghanistan may allow violent extremist groups to regenerate, threatening the security of the Afghan people and creating a security vacuum that could destabilize the region and provide ample safe haven for extremist groups seeking to conduct external attacks;
(4) ongoing diplomatic efforts to secure a peaceful, negotiated solution to the conflict in Afghanistan are the best path forward for establishing long-term stability and eliminating the threat posed by extremist groups in Afghanistan;
(5) the United States supports international diplomatic efforts to facilitate peaceful, negotiated resolution to the ongoing conflict in Afghanistan on terms that respect the rights of innocent civilians and deny safe havens to terrorists; and
(6) as part of such diplomatic efforts, and as a condition to be met prior to withdrawal, the United States should seek to secure the release of any United States citizens being held against their will in Afghanistan.
(b)
Report
(1)
In general
Not later than September 1, 2020, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representative a report that includes—
(A) an assessment of—
(i) the external threat posed by extremist groups operating in Afghanistan to the United States homeland and the homelands of United States allies;
(ii) the impact of cessation of United States counterterrorism activities on the size, strength, and external aims of such groups; and
(iii) the international financial support the Afghan National Defense and Security Forces requires in order to maintain current operational capabilities, including force cohesion and combat effectiveness;
(B) a plan for the orderly transition of all security-related tasks currently undertaken by the Armed Forces of the United States in support of the Afghan National Defense and Security Forces to Afghanistan, including—
(i) precision targeting of Afghanistan-based terrorists;
(ii) combat-enabler support, such as artillery and aviation assets; and
(iii) noncombat-enabler support, such as intelligence, surveillance and reconnaissance, medical evacuation, and contractor logistic support; and
(C) an update on the status of any United States citizens detained in Afghanistan, and an overview of Administration efforts to secure their release.
(2)
Form
The report required by paragraph (1) shall be submitted in unclassified form but may contain a classified annex.
C
Matters relating to Syria, Iraq, and Iran
1221.
Extension of authority and limitation on use of funds to provide assistance to counter the Islamic State of Iraq and Syria
(a)
Extension
Subsection (a) of section 1236 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 128 Stat. 3558), as most recently amended by section 1233(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2039), is further amended, in the matter preceding paragraph (1), by striking December 31, 2020 and inserting December 31, 2021.
(b)
Funding
Subsection (g) of such section 1236, as most recently amended by section 1221 of the National Defense Authorization Act for Fiscal year 2020 (Public Law 116–92), is amended to read as follows:
(g)
Funding
(1)
In general
Of the amounts authorized to be appropriated for the Department of Defense for Overseas Contingency Operations for fiscal year 2021, not more than $322,500,000 may be used to carry out this section.
(2)
Limitation and report
(A)
In general
Of the funds authorized to be appropriated under paragraph (1), not more than 25 percent may be obligated or expended until the date on which the Secretary of Defense submits to the appropriate congressional committees a report that includes the following:
(i) An explanation of the manner in which such support aligns with the objectives contained in the national defense strategy.
(ii) A description of the manner in which such support is synchronized with larger whole-of-government funding efforts to strengthen the bilateral relationship between the United States and Iraq.
(iii) A description of—
(I) actions taken by the Government of Iraq to assert control over popular mobilization forces; and
(II) the role of popular mobilization forces in the national security apparatus of Iraq.
(iv) A plan to fully transition security assistance for the Iraqi Security Forces from the Counter-Islamic State of Iraq and Syria Train and Equip Fund to standing security assistance authorities managed by the Defense Security Cooperation Agency and the Department of State by not later than September 30, 2022.
(B)
Form
The report under subparagraph (A) shall be submitted in unclassified form but may include a classified annex.
.
1222.
Extension and modification of authority to provide assistance to vetted Syrian groups and individuals
Section 1209 of the Carl Levin and Howard P. Buck McKeon National Defense Authorization Act for Fiscal Year 2015 (Public Law 113–291; 127 Stat. 3541), as most recently amended by section 1222(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is further amended—
(1) in the section heading, by striking the vetted Syrian opposition and inserting vetted Syrian groups and individuals;
(2) in subsection (a), in the matter preceding paragraph (1), by striking December 31, 2020 and inserting December 31, 2021;
(3) by striking subsections (b) and (c);
(4) by redesignating subsections (d) through (m) as subsections (b) through (k), respectively; and
(5) in paragraph (2) of subsection (b), as so redesignated—
(A) in subparagraph (J)(iii), by redesignating subclause (I) as subparagraph (M) and moving the subparagraph four ems to the left;
(B) by redesignating subparagraphs (A) through (F) and (G) through (J) as subparagraphs (B) through (G) and (I) through (L), respectively;
(C) by inserting before subparagraph (B), as so redesignated, the following new subparagraph (A):
(A) An accounting of the obligation and expenditure of authorized funding for the current and preceding fiscal year.
;
(D) by inserting after subparagraph (G), as so redesignated, the following new subparagraph (H):
(H) The mechanisms and procedures that will be used to monitor and report to the appropriate congressional committees and leadership of the Senate and House of Representatives any unauthorized end-use of provided training and equipment or other violations of relevant law by appropriately vetted recipients.
; and
(E) by adding at the end the following new subparagraph:
(N) Any other matter the Secretary considers appropriate.
.
1223.
Extension and modification of authority to support operations and activities of the Office of Security Cooperation in Iraq
(a)
Limitation on amount
Subsection (c) of section 1215 of the National Defense Authorization Act for Fiscal Year 2015 (10 U.S.C. 113 note) is amended—
(1) by striking fiscal year 2020 and inserting fiscal year 2021; and
(2) by striking $30,000,000 and inserting $15,000,000.
(b)
Source of funds
Subsection (d) of such section is amended by striking fiscal year 2020 and inserting fiscal year 2021.
(c)
Additional authority
Subsection (f) of such section is amended—
(1) in paragraph (1), in the matter preceding subparagraph (A), by striking fiscal year 2019 and inserting fiscal year 2021; and
(2) in paragraph (3), by striking the National Defense Authorization Act for Fiscal Year 2020 and inserting the National Defense Authorization Act for Fiscal Year 2021.
(d)
Report
Subsection (g)(1) of such section is amended by striking September 30, 2020 and inserting March 1, 2021.
(e)
Limitation on availability of funds
Subsection (h) of such section is amended—
(1) in the matter preceding paragraph (1)—
(A) by striking fiscal year 2020 and inserting fiscal year 2021; and
(B) by striking $20,000,000 and inserting $10,000,000;
(2) by striking paragraph (1);
(3) by redesignating paragraphs (2) and (3) as paragraphs (1) and (2), respectively;
(4) in paragraph (1), as so redesignated, by striking The development of a staffing plan and inserting A progress report with respect to the development of a staffing plan; and
(5) in paragraph (2), as so redesignated, by striking The initiation and inserting A progress report with respect to the initiation.
D
Matters relating to Europe and the Russian Federation
1231.
Extension of limitation on military cooperation between the United States and the Russian Federation
Section 1232(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2488), as most recently amended by section 1231 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is further amended in the matter preceding paragraph (1), by striking , 2019, or 2020 and inserting 2019, 2020, or 2021.
1232.
Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea
(a)
Prohibition
None of the funds authorized to be appropriated by this Act for fiscal year 2021 for the Department of Defense may be obligated or expended to, and the Department may not, implement any activity that recognizes the sovereignty of the Russian Federation over Crimea.
(b)
Waiver
The Secretary of Defense, with the concurrence of the Secretary of State, may waive the prohibition under subsection (a) if the Secretary of Defense—
(1) determines that a waiver is in the national security interest of the United States; and
(2) on the date on which the waiver is invoked, submits a notification of the waiver and a justification of the reason for seeking the waiver to—
(A) the Committee on Armed Services and the Committee on Foreign Relations of the Senate; and
(B) the Committee on Armed Services and the Committee on Foreign Affairs of the House of Representatives.
1233.
Modification and extension of Ukraine Security Assistance Initiative
Section 1250 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1068), as most recently amended by section 1244 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is further amended—
(1) in subsection (c)—
(A) in paragraph (2)(B)—
(i) in clause (iv), by striking ; and and inserting a semicolon;
(ii) in clause (v), by striking the period at the end and inserting a semicolon; and
(iii) by adding at the end the following:
(vi) transformation of command and control structures and roles in line with North Atlantic Treaty Organization principles; and
(vii) improvement of human resources management, including to support career management reforms, enhanced social support to military personnel and their families, and professional military education systems.
; and
(B) by amending paragraph (5) to read as follows:
(5)
Lethal assistance
Of the funds available for fiscal year 2021 pursuant to subsection (f)(6), $125,000,000 shall be available only for lethal assistance described in paragraphs (2), (3), (11), (12), (13), and (14) of subsection (b).
;
(2) in subsection (f), by adding at the end the following new paragraph:
(6) For fiscal year 2021, $250,000,000.
; and
(3) in subsection (h), by striking December 31, 2022 and inserting December 31, 2024.
1234.
Report on capability and capacity requirements of military forces of Ukraine and resource plan for security assistance
(a)
Report
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate committees of Congress a report on the capability and capacity requirements of the military forces of Ukraine, which shall include the following:
(1) An analysis of the capability gaps and capacity shortfalls of the military forces of Ukraine that includes—
(A) an assessment of the requirements of the navy of Ukraine to accomplish its assigned missions; and
(B) an assessment of the requirements of the air force of Ukraine to accomplish its assigned missions.
(2) An assessment of the relative priority assigned by the Government of Ukraine to addressing such capability gaps and capacity shortfalls.
(3) An assessment of the capability gaps and capacity shortfalls that—
(A) could be addressed in a sufficient and timely manner by unilateral efforts of the Government of Ukraine; and
(B) are unlikely to be addressed in a sufficient and timely manner solely through unilateral efforts.
(4) An assessment of the capability gaps and capacity shortfalls described in paragraph (3)(B) that could be addressed in a sufficient and timely manner by—
(A) the Ukraine Security Assistance Initiative of the Department of Defense;
(B) Department of Defense security assistance authorized by section 333 of title 10, United States Code;
(C) the Foreign Military Financing and Foreign Military Sales programs of the Department of State; or
(D) the provision of excess defense articles.
(5) An assessment of the human resources requirements of the Office of Defense Cooperation at the United States Embassy in Kyiv and any gaps in the capacity of such Office of Defense Cooperation to provide security assistance to Ukraine.
(6) Any recommendations the Secretary of Defense and the Secretary of State consider appropriate concerning the coordination of security assistance efforts of the Department of Defense and the Department of State with respect to Ukraine.
(b)
Resource plan
Not later than February 15, 2022, the Secretary of Defense and the Secretary of State shall jointly submit to the appropriate committees of Congress a resource plan for United States security assistance with respect to Ukraine, which shall include the following:
(1) A plan to resource the following initiatives and programs with respect to Ukraine in fiscal year 2023 and the four succeeding fiscal years to meet the most critical capability gaps and capacity shortfalls of the military forces of Ukraine:
(A) The Ukraine Security Assistance Initiative of the Department of Defense.
(B) Department of Defense security assistance authorized by section 333 of title 10, United States Code.
(C) The Foreign Military Financing and Foreign Military Sales programs of the Department of State.
(D) The provision of excess defense articles.
(2) With respect to the navy of Ukraine, the following:
(A) A capability development plan, with milestones, detailing the manner in which the United States will assist the Government of Ukraine in meeting the requirements referred to in subsection (a)(1)(A).
(B) A plan for United States cooperation with third countries and international organizations that have the resources and ability to provide immediate assistance to the navy of Ukraine while maintaining interoperability with United States platforms to the extent feasible.
(C) A plan to prioritize the provision of excess defense articles for the navy of Ukraine to the extent practicable during fiscal year 2023 and the four succeeding fiscal years.
(D) An assessment of the manner in which United States security assistance to the navy of Ukraine is in the national security interests of the United States.
(3) With respect to the air force of Ukraine, the following:
(A) A capability development plan, with milestones, detailing the manner in which the United States will assist the Government of Ukraine in meeting the requirements referred to in subsection (a)(1)(B).
(B) A plan for United States cooperation with third countries and international organizations that have the resources and ability to provide immediate assistance to the air force of Ukraine while maintaining interoperability with United States platforms to the extent feasible.
(C) A plan to prioritize the provision of excess defense articles for the air force of Ukraine to the extent practicable during fiscal year 2023 and the four succeeding fiscal years.
(D) An assessment of the manner in which United States security assistance to the air force of Ukraine is in the national security interests of the United States.
(4) An assessment of progress on defense institutional reforms in Ukraine, including with respect to the navy and air force of Ukraine, during fiscal year 2023 and the four succeeding fiscal years that will be essential for—
(A) enabling effective use and sustainment of capabilities developed under security assistance authorities described in this section;
(B) enhancing the defense of the sovereignty and territorial integrity of Ukraine;
(C) achieving the stated goal of the Government of Ukraine of meeting North Atlantic Treaty Organization standards; and
(D) allowing Ukraine to achieve its full potential as a strategic partner of the United States.
(c)
Form
The report required by subsection (a) and the resource plan required by subsection (b) shall each be submitted in a classified form with an unclassified summary.
(d)
Appropriate committees of Congress defined
In this section, the term appropriate committees of Congress means—
(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
1235.
Sense of Senate on North Atlantic Treaty Organization enhanced opportunities partner status for Ukraine
It is the sense of the Senate that—
(1) the United States should support the designation of Ukraine as an enhanced opportunities partner as part of the Partnership Interoperability Initiative of the North Atlantic Treaty Organization;
(2) the participation of Ukraine in the enhanced opportunities partner program is in the shared security interests of Ukraine, the United States, and the North Atlantic Treaty Organization alliance;
(3) the unique experience, capabilities, and technical expertise of Ukraine, especially with respect to hybrid warfare, cybersecurity, and foreign disinformation, would enable Ukraine to make a positive contribution to the North Atlantic Treaty Organization alliance through participation in the enhanced opportunities partner program;
(4) while not a replacement for North Atlantic Treaty Organization membership, participation in the enhanced opportunities partner program would have significant benefits for the security of Ukraine, including—
(A) more regular consultations on security matters;
(B) enhanced access to interoperability programs and exercises;
(C) expanded information sharing; and
(D) improved coordination of crisis preparedness and response; and
(5) progress on defense institutional reforms in Ukraine, including defense institutional reforms intended to align the military forces of Ukraine with North Atlantic Treaty Organization standards, remains essential for—
(A) a more effective defense of the sovereignty and territorial integrity of Ukraine;
(B) allowing Ukraine to achieve its full potential as a strategic partner of the United States; and
(C) increased cooperation between Ukraine and the North Atlantic Treaty Organization.
1236.
Extension of authority for training for Eastern European national security forces in the course of multilateral exercises
Subsection (h) of section 1251 of the National Defense Authorization Act for Fiscal Year 2016 (10 U.S.C. 333 note), as most recently amended by section 1247 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is further amended—
(1) in the first sentence, by striking December 31, 2021 and inserting December 31, 2023; and
(2) in the second sentence, by striking the period beginning on October 1, 2015, and ending on December 31, 2021 and inserting the period beginning on October 1, 2015, and ending on December 31, 2023.
1237.
Sense of Senate on Kosovo and the role of the Kosovo Force of the North Atlantic Treaty Organization
It is the sense of the Senate that—
(1) normalization of relations between Kosovo and Serbia is in the interest of both countries and would enhance security and stability in the Western Balkans;
(2) the United States should continue to support the diplomatic efforts of Kosovo and Serbia to reach a historic agreement to normalize relations between the two countries;
(3) mutual recognition should be a central element of normalization of relations between Kosovo and Serbia;
(4) both Kosovo and Serbia should refrain from actions that would make an agreement more difficult to achieve;
(5) the Kosovo Force of the North Atlantic Treaty Organization continues to play an indispensable role in maintaining security and stability, which are the essential predicates for the success of the diplomatic efforts of Kosovo and Serbia to achieve normalization of relations;
(6) the participation of the United States Armed Forces in the Kosovo Force is foundational to the credibility and success of mission of the Kosovo Force;
(7) with the North Atlantic Treaty Organization allies and other European partners contributing over 80 percent of the troops for the mission, the Kosovo Force represents a positive example of burden sharing;
(8) together with the allies and partners of the United States, the United States should—
(A) maintain its commitment to the Kosovo Force; and
(B) take all appropriate steps to ensure that the Kosovo Force has the necessary personnel, capabilities, and resources to perform its critical mission; and
(9) the United States should continue to support the gradual transition of the Kosovo Security Force to a multi-ethnic army for the Republic of Kosovo that is interoperable with North Atlantic Treaty Organization members through an inclusive and transparent process that—
(A) respects the rights and concerns of all citizens of Kosovo;
(B) promotes regional security and stability; and
(C) supports the aspirations of Kosovo for eventual full membership in the North Atlantic Treaty Organization.
1238.
Sense of Senate on strategic competition with the Russian Federation and related activities of the Department of Defense
It is the sense of the Senate that—
(1) the 2018 National Defense Strategy affirms the re-emergence of long-term strategic competition with the Russian Federation as a principal priority for the Department of Defense that requires sustained investment due to the magnitude of the threat posed to United States security, prosperity, and alliances and partnerships;
(2) given the continued military modernization of the Russian Federation, including the development of long-range strike systems and other advanced capabilities, the United States should prioritize efforts within the North Atlantic Treaty Organization to implement timely measures to ensure that the deterrence and defense posture of the North Atlantic Treaty Organization remains credible and effective;
(3) the United States should reaffirm support for the open-door policy of the North Atlantic Treaty Organization;
(4) to enhance deterrence against aggression by the Russian Federation, the Department of Defense should—
(A) continue—
(i) to prioritize funding for the European Deterrence Initiative to address capability gaps, capacity shortfalls, and infrastructure requirements of the Joint Force in Europe;
(ii) to increase pre-positioned stocks of equipment in Europe; and
(iii) rotational deployments of United States forces to Romania and Bulgaria while pursuing training opportunities at military locations such as Camp Mihail Kogalniceanu in Romania and Novo Selo Training Area in Bulgaria;
(B) increase—
(i) focus and resources to address the changing military balance in the Black Sea region;
(ii) the frequency, scale, and scope of North Atlantic Treaty Organization and other multilateral exercises in the Black Sea region, including with the participation of Ukraine and Georgia; and
(iii) presence and activities in the Arctic, including special operations training and naval operations and training;
(C) maintain robust naval presence at Souda Bay, Greece, and pursue opportunities for increased United States presence at other locations in Greece;
(D) enhance military-to-military engagement among Western Balkan countries to promote interoperability with the North Atlantic Treaty Organization and regional security cooperation; and
(E) expand information sharing, improve planning coordination, and increase the frequency, scale, and scope of exercises with Sweden and Finland to deepen interoperability; and
(5) to counter Russian Federation activities short of armed conflict, the Department of Defense should—
(A) integrate with United States interagency efforts to employ all elements of national power to counter Russian Federation hybrid warfare; and
(B) bolster the capabilities of allies and partners to counteract Russian Federation coercion, including through expanded cyber cooperation and enhanced resilience against disinformation and malign influence.
1239.
Report on Russian Federation support of racially and ethnically motivated violent extremists
(a)
In general
Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the head of any other relevant Federal department or agency, shall submit to the appropriate committees of Congress a report on Russian Federation support of racially and ethnically motivated violent extremist groups and networks in Europe and the United States, including such support provided by agents and entities of the Russian Federation acting at the direction or for the benefit of the Government of the Russian Federation.
(b)
Elements
The report required by subsection (a) shall include the following:
(1) A list of each racially or ethnically motivated violent extremist group or network in Europe or the United States known to meet, or suspected of meeting, the following criteria:
(A) The group or network has been targeted or recruited by the security services of the Russian Federation.
(B) The group or network has received support (including training, disinformation or amplification on social media platforms, financial support, and any other support) from the Russian Federation or an agent or entity of the Russian Federation acting at the direction or for the benefit of the Government of the Russian Federation.
(C) The group—
(i) has leadership or a base of operations located within the Russian Federation; and
(ii) operates or maintains a chapter or network of the group in Europe or the United States.
(2) An assessment of the manner in which Russian Federation support of such groups or networks aligns with the strategic interests of the Russian Federation with respect to Europe and the United States.
(3) An assessment of the role of such groups or networks in—
(A) assisting Russian Federation-backed separatist forces in the Donbas region of Ukraine; or
(B) destabilizing security on the Crimean peninsula of Ukraine.
(4) An assessment of the manner in which Russian Federation support of such groups or networks has—
(A) contributed to the destabilization of security in the Balkans; and
(B) threatened the support for the North Atlantic Treaty Organization in Southeastern Europe.
(5) A description of any relationship or affiliation between such groups or networks and ultranationalist or extremist political parties in Europe and the United States, and an assessment of the manner in which the Russian Federation may use such a relationship or affiliation to advance the strategic interests of the Russian Federation.
(6) A description of the use by the Russian Federation of social media platforms to support or amplify the presence or messaging of such groups or networks, and an assessment of any effort in Europe or the United States to counter such support or amplification.
(7) A description of the legal and political implications of the designation of the Russian Imperial Movement, and members of the leadership of the Russian Imperial Movement, as specially designated global terrorists pursuant to Executive Order 13224 (50 U.S.C. 1701 note; relating to blocking property and prohibiting transactions with persons who commit, threaten to commit, or support terrorism) and the response of the Government of the Russian Federation to such designation.
(8) Recommendations of the Secretary of Defense, consistent with a whole-of-government approach to countering Russian Federation information warfare and malign influence operations—
(A) to mitigate the security threat posed by such groups or networks; and
(B) to reduce or counter Russian Federation support for such groups or networks.
(c)
Form
The report required by subsection (a) shall be submitted in unclassified form but may include a classified annex.
(d)
Appropriate committees of Congress defined
In this section, the term appropriate committees of Congress means—
(1) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
(2) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
1240.
Participation in European program on multilateral exchange of surface transportation services
(a)
In general
Subchapter II of chapter 138 of title 10, United States Code, is amended by inserting after subsection (l) the following new section 2350m:
2350m.
Participation in European program on multilateral exchange of surface transportation services
(a)
Participation authorized
(1)
In general
The Secretary of Defense, with the concurrence of the Secretary of State, may authorize the participation of the Department of Defense in the Surface Exchange of Services program (in this section referred to as the SEOS program) of the Movement Coordination Centre Europe.
(2)
Scope of participation
Participation of the Department of Defense in the SEOS program under paragraph (1) may include—
(A) the reciprocal exchange or transfer of surface transportation on a reimbursable basis or by replacement-in-kind; and
(B) the exchange of surface transportation services of an equal value.
(b)
Written arrangement or agreement
(1)
In general
Participation of the Department of Defense in the SEOS program shall be in accordance with a written arrangement or agreement entered into by the Secretary of Defense, with the concurrence of the Secretary of State, and the Movement Coordination Centre Europe.
(2)
Notification
The Secretary of Defense shall provide to the congressional defense committees notification of any arrangement or agreement entered into under paragraph (1).
(3)
Funding arrangements
If Department of Defense facilities, equipment, or funds are used to support the SEOS program, the written arrangement or agreement under paragraph (1) shall specify the details of any equitable cost-sharing or other funding arrangement.
(4)
Other elements
Any written arrangement or agreement entered into under paragraph (1) shall require that any accrued credits or liability resulting from an unequal exchange or transfer of surface transportation services shall be liquidated through the SEOS program not less than once every five years.
(c)
Implementation
In carrying out any arrangement or agreement entered into under subsection (b), the Secretary of Defense may—
(1) pay the equitable share of the Department of Defense for the operating expenses of the Movement Coordination Centre Europe and the SEOS program from funds available to the Department of Defense for operation and maintenance; and
(2) assign members of the armed forces or Department of Defense civilian personnel, within billets authorized for the United States European Command, to duty at the Movement Coordination Centre Europe as necessary to fulfill Department of Defense obligations under that arrangement or agreement.
(d)
Crediting of receipts
Any amount received by the Department of Defense as part of the SEOS program shall be credited, at the option of the Secretary of Defense, to—
(1) the appropriation, fund, or account used in incurring the obligation for which such amount is received; or
(2) an appropriate appropriation, fund, or account currently available for the purposes for which the expenditures were made.
(e)
Annual report
(1)
In general
Not later than 30 days after the end of each fiscal year in which the authority under this section is in effect, the Secretary of Defense shall submit to the congressional defense committees a report on Department of Defense participation in the SEOS program during such fiscal year.
(2)
Elements
Each report required by paragraph (1) shall include the following:
(A) A description of the equitable share of the costs and activities of the SEOS program paid by the Department of Defense.
(B) A description of any amount received by the Department of Defense as part of such program, including the country from which the amount was received.
(f)
Limitation on statutory construction
Nothing in this section may be construed to authorize the use of foreign sealift in violation of section 2631.
.
(b)
Clerical amendment
The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 2350l the following new item:
2350m. Participation in European program on multilateral exchange of surface transportation services.
.
1241.
Participation in programs relating to coordination or exchange of air refueling and air transportation services
(a)
In general
Subchapter II of chapter 138 of title 10, United States Code, as amended by section 1240(a), is further amended by adding at the end the following new section:
2350o.
Participation in programs relating to coordination or exchange of air refueling and air transportation services
(a)
Participation authorized
(1)
In general
The Secretary of Defense, with the concurrence of the Secretary of State, may authorize the participation of the Department of Defense in programs relating to the coordination or exchange of air refueling and air transportation services, including in the arrangement known as the Air Transport and Air-to-Air Refueling and other Exchanges of Services program (in this section referred to as the ATARES program).
(2)
Scope of participation
Participation of the Department of Defense in programs referred to in paragraph (1) may include—
(A) the reciprocal exchange or transfer of air refueling and air transportation services on a reimbursable basis or by replacement-in-kind; and
(B) the exchange of air refueling and air transportation services of an equal value.
(3)
Limitations with respect to participation in ATARES program
(A)
In general
The Department of Defense balance of executed flight hours in participation in the ATARES program under paragraph (1), whether as credits or debits, may not exceed a total of 500 hours.
(B)
Air refueling
The Department of Defense balance of executed flight hours for air refueling in participation in the ATARES program under paragraph (1) may not exceed 200 hours.
(b)
Written arrangement or agreement
Participation of the Department of Defense in a program referred to in subsection (a)(1) shall be in accordance with a written arrangement or agreement entered into by the Secretary of Defense, with the concurrence of the Secretary of State.
(c)
Implementation
In carrying out any arrangement or agreement entered into under subsection (b), the Secretary of Defense may—
(1) pay the equitable share of the Department of Defense for the recurring and nonrecurring costs of the applicable program referred to in subsection (a)(1) from funds available to the Department for operation and maintenance; and
(2) assign members of the armed forces or Department of Defense civilian personnel to fulfill Department obligations under that arrangement or agreement.
.
(b)
Clerical amendment
The table of sections at the beginning of such subchapter, as amended by section 1240(b), is further amended by adding at the end the following new item:
2350o. Participation in programs relating to coordination or exchange of air refueling and air transportation services.
.
(c)
Repeal
Section 1276 of the National Defense Authorization Act for Fiscal Year 2013 (10 U.S.C. 2350c note) is repealed.
E
Matters relating to the Indo-Pacific region
1251.
Pacific Deterrence Initiative
(a)
In general
The Secretary of Defense shall carry out an initiative to ensure the effective implementation of the National Defense Strategy with respect to the Indo-Pacific region, to be known as the Pacific Deterrence Initiative (in this section referred to as the Initiative).
(b)
Purpose
The purpose of the Initiative is to carry out only the following activities:
(1) Activities to increase the lethality of the joint force in the Indo-Pacific region, including, but not limited to—
(A) by improving active and passive defenses against theater cruise, ballistic, and hypersonic missiles for bases, operating locations, and other critical infrastructure at locations west of the International Date Line; and
(B) procurement and fielding of—
(i) long-range precision strike systems to be stationed or pre-positioned west of the International Date Line;
(ii) critical munitions to be pre-positioned at locations west of the International Date Line; and
(iii) command, control, communications, computers and intelligence, surveillance, and reconnaissance systems intended for stationing or operational use in the Indo-Pacific region.
(2) Activities to enhance the design and posture of the joint force in the Indo-Pacific region, including, but not limited to, by—
(A) transitioning from large, centralized, and unhardened infrastructure to smaller, dispersed, resilient, and adaptive basing at locations west of the International Date Line;
(B) increasing the number and capabilities of expeditionary airfields and ports in the Indo-Pacific region available for operational use at locations west of the International Date Line;
(C) enhancing pre-positioned forward stocks of fuel, munitions, equipment, and materiel at locations west of the International Date Line;
(D) increasing the availability of strategic mobility assets in the Indo-Pacific region;
(E) improving distributed logistics and maintenance capabilities in the Indo-Pacific region to ensure logistics sustainment while under persistent multidomain attack; and
(F) increasing the presence of the Armed Forces at locations west of the International Date Line.
(3) Activities to strengthen alliances and partnerships, including, but not limited to, by—
(A) building capacity of allies and partners; and
(B) improving—
(i) interoperability and information sharing with allies and partners; and
(ii) information operations capabilities in the Indo-Pacific region, with a focus on reinforcing United States commitment to allies and partners and countering malign influence.
(4) Activities to carry out a program of exercises, experimentation, and innovation for the joint force in the Indo-Pacific region.
(c)
Plan required
Not later than February 15, 2021, the Secretary, in consultation with the Commander of the United States Indo-Pacific Command, shall submit to the congressional defense committees a plan to expend not less than the amounts authorized to be appropriated under subsection (e)(2).
(d)
Budget display information
The Secretary shall include in the materials of the Department of Defense in support of the budget of the President (submitted to Congress pursuant to section 1105 of title 31, United States Code) for fiscal year 2022 and each fiscal year thereafter a detailed budget display for the Initiative that includes the following information:
(1) A future-years plan with respect to activities and resources for the Initiative for the applicable fiscal year and not fewer than the four following fiscal years.
(2) With respect to procurement accounts—
(A) amounts displayed by account, budget activity, line number, line item, and line item title; and
(B) a description of the requirements for such amounts specific to the Initiative.
(3) With respect to research, development, test, and evaluation accounts—
(A) amounts displayed by account, budget activity, line number, program element, and program element title; and
(B) a description of the requirements for such amounts specific to the Initiative.
(4) With respect to operation and maintenance accounts—
(A) amounts displayed by account title, budget activity title, line number, and subactivity group title; and
(B) a description of the specific manner in which such amounts will be used.
(5) With respect to military personnel accounts—
(A) amounts displayed by account, budget activity, budget subactivity, and budget subactivity title; and
(B) a description of the requirements for such amounts specific to the Initiative.
(6) With respect to each project under military construction accounts (including with respect to unspecified minor military construction and amounts for planning and design), the country, location, project title, and project amount by fiscal year.
(7) With respect to the activities described in subsection (b)—
(A) amounts displayed by account title, budget activity title, line number, and subactivity group title; and
(B) a description of the specific manner in which such amounts will be used.
(8) With respect to each military service—
(A) amounts displayed by account title, budget activity title, line number, and subactivity group title; and
(B) a description of the specific manner in which such amounts will be used.
(9) With respect to the amounts described in each of paragraphs (2)(A), (3)(A), (4)(A), (5)(A), (6), (7)(A), and (8)(A), a comparison between—
(A) the amount in the budget of the President for the following fiscal year; and
(B) the amount projected in the previous budget of the President for the following fiscal year.
(e)
Authorization of appropriations
There are authorized to be appropriated to the Secretary to carry out the activities of the Initiative described in subsection (b) the following:
(1) For fiscal year 2021, $1,406,417,000, as specified in the funding table in section 4502.
(2) For fiscal year 2022, $5,500,000,000.
(f)
Repeal
Section 1251 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1676), as most recently amended by section 1253 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2054), is repealed.
1252.
Sense of Senate on the United States-Vietnam defense relationship
In commemoration of the 25th anniversary of the normalization of diplomatic relations between the United States and Vietnam, the Senate—
(1) welcomes the historic progress and achievements in United States-Vietnam relations over the last 25 years;
(2) congratulates Vietnam on its chairmanship of the Association of Southeast Asian Nations and its election as a nonpermanent member of the United Nations Security Council, both of which symbolize the positive leadership role of Vietnam in regional and global affairs;
(3) commends the commitment of Vietnam to resolve international disputes through peaceful means on the basis of international law;
(4) affirms the commitment of the United States—
(A) to respect the independence and sovereignty of Vietnam; and
(B) to establish and promote friendly relations and work together on an equal footing for mutual benefit with Vietnam;
(5) encourages the United States and Vietnam to elevate their comprehensive partnership to a strategic partnership based on mutual understanding, shared interests, and a common desire to promote peace, cooperation, prosperity, and security in the Indo-Pacific region;
(6) affirms the commitment of the United States to continue to address war legacy issues, including through dioxin remediation, unexploded ordnance removal, accounting for prisoners of war and soldiers missing in action, and other activities; and
(7) supports deepening defense cooperation between the United States and Vietnam, including with respect to maritime security, cybersecurity, counterterrorism, information sharing, humanitarian assistance and disaster relief, military medicine, peacekeeping operations, defense trade, and other areas.
1253.
Authority to transfer funds for Bien Hoa dioxin cleanup
(a)
Transfer authority
Notwithstanding section 2215 of title 10, United States Code, the Secretary of Defense may transfer to the Secretary of State, for use by the United States Agency for International Development, amounts to be used for the Bien Hoa dioxin cleanup in Vietnam.
(b)
Limitation on amount
Not more than $15,000,000 may be transferred in fiscal year 2021 under the transfer authority in subsection (a).
(c)
Additional transfer authority
The transfer authority in subsection (a) is in addition to any other transfer authority available to the Department of Defense.
(d)
Notice on exercise of authority
If the Secretary of Defense determines to use the transfer authority in subsection (a), the Secretary shall notify the congressional defense committee of that determination not later than 30 days before the Secretary uses the transfer authority.
1254.
Cooperative program with Vietnam to account for Vietnamese personnel missing in action
(a)
In general
The Secretary of Defense, in cooperation with other appropriate Federal departments and agencies, is authorized to carry out a cooperative program with the Ministry of Defense of Vietnam to assist in accounting for Vietnamese personnel missing in action.
(b)
Purpose
The purpose of the cooperative program under subsection (a) is to carry out the following activities:
(1) Collection, digitization, and sharing of archival information.
(2) Building the capacity of Vietnam to conduct archival research, investigations, and excavations.
(3) Improving DNA analysis capacity.
(4) Increasing veteran-to-veteran exchanges.
(5) Other support activities the Secretary considers necessary and appropriate.
1255.
Provision of goods and services at Kwajalein Atoll, Republic of the Marshall Islands
(a)
In general
Chapter 767 of title 10, United States Code, is amended by adding at the end the following new section:
7596.
Provision of goods and services at Kwajalein Atoll
(a)
Authority
(1) Except as provided in paragraph (2), the Secretary of the Army, with the concurrence of the Secretary of State, may provide goods and services, including interatoll transportation, to the Government of the Republic of the Marshall Islands and other eligible patrons, as determined by the Secretary of the Army, at Kwajalein Atoll.
(2) The Secretary of the Army may not provide goods or services under this section if doing so would be inconsistent, as determined by the Secretary of State, with the Compact of Free Association between the Government of the United States and the Government of the Republic of the Marshall Islands or any subsidiary agreement or implementing arrangement.
(b)
Reimbursement
(1) The Secretary of the Army may collect reimbursement from the Government of the Republic of the Marshall Islands and eligible patrons for the provision of goods or services under subsection (a).
(2) The amount collected for goods or services under this subsection may not be greater than the total amount of actual costs to the United States for providing the goods or services.
(c)
Necessary expenses
Amounts appropriated to the Department of the Army may be used for necessary expenses associated with providing goods and services under this section.
(d)
Regulations
The Secretary of the Army shall issue regulations to carry out this section.
.
(b)
Clerical amendment
The table of sections at the beginning of such chapter is amended by adding at the end the following new item:
7596. Provision of goods and services at Kwajalein Atoll.
.
(c)
Briefing
Not later than December 31, 2021, the Secretary of the Army shall provide to the congressional defense committees a briefing on the use of the authority under section 7596(a) of title 10, United States Code, as added by subsection (a), in fiscal year 2021, including a written summary describing the goods and services provided on a reimbursable basis and the goods and services provided on a nonreimbursable basis.
1256.
Authority to establish a Movement Coordination Center Pacific in the Indo-Pacific region and participate in an Air Transport and Air-to-Air Refueling and other Exchanges of Services program
(a)
In general
The Secretary of Defense, with the concurrence of the Secretary of State, may authorize—
(1) the establishment of a Movement Coordination Center Pacific (in this section referred to as the Center); and
(2) participation of the Department of Defense in an Air Transport and Air-to-Air Refueling and other Exchanges of Services program (in this section referred to as the ATARES program) of the Center.
(b)
Scope of participation
Participation of the Department in the ATARES program shall be limited to—
(1) the reciprocal exchange or transfer of air transportation and air refueling services on a reimbursable basis or by replacement-in-kind; and
(2) the exchange of air transportation or air refueling services of equal value.
(c)
Limitations
(1)
Transportation hours
The Department balance of executed transportation hours in the ATARES program, whether as credits or debits, may not exceed 500 hours.
(2)
Flight hours
The Department balance of executed flight hours for air refueling in the ATARES program may not exceed 200 hours.
(d)
Written arrangement or agreement
(1)
In general
Participation of the Department in the ATARES program shall be in accordance with a written arrangement or agreement entered into by the Secretary of Defense, with the concurrence of the Secretary of State.
(2)
Funding arrangements
If Department facilities, equipment, or funds are used to support the ATARES program, the written arrangement or agreement under paragraph (1) shall specify the details of any equitable cost-sharing or other funding arrangement.
(3)
Other elements
Any written arrangement or agreement entered into under paragraph (1) shall require any accrued credit or liability resulting from an unequal exchange or transfer of air transportation or air refueling services to be liquidated through the ATARES program not less frequently than once every five years.
(e)
Implementation
In carrying out any written arrangement or agreement entered into under subsection (d), the Secretary of Defense may—
(1) pay the equitable share of the Department for the operating expenses of the Center and the ATARES program from funds available to the Department for operation and maintenance; and
(2) assign members of the Armed Forces or Department civilian personnel, within billets authorized for the United States Indo-Pacific Command, to duty at the Center as necessary to fulfill Department obligations under that arrangement or agreement.
1257.
Training of ally and partner air forces in Guam
(a)
Sense of Senate
It is the sense of the Senate that—
(1) the memorandum of understanding agreed to by the United States and the Republic of Singapore on December 6, 2019, to establish a fighter jet training detachment in Guam should be commended;
(2) such agreement is a manifestation of the strong, enduring, and forward-looking partnership of the United States and the Republic of Singapore; and
(3) the permanent establishment of a fighter detachment in Guam will further enhance the interoperability of the air forces of the United States and the Republic of Singapore and provide training opportunities needed to maximize their readiness.
(b)
Report
Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report assessing the merit and feasibility of entering into agreements similar to the memorandum of understanding referred to in subsection (a)(1) with other United States allies and partners in the Indo-Pacific region, including Japan, Australia, and India.
1258.
Statement of policy and sense of Senate on the Taiwan Relations Act
(a)
Statement of policy
It is the policy of the United States—
(1) that the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.) and the Six Assurances provided by the United States to Taiwan in July 1982 are the foundation for United States-Taiwan relations;
(2) that nothing in the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.) constrains deepening, to the extent possible, the extensive, close, and friendly relations of the United States and Taiwan, including defense relations;
(3) that the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.) shall be implemented and executed in a manner consistent with evolving political, security, and economic dynamics and circumstances;
(4) that, as set forth in the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.), the United States expects the future of Taiwan will be determined by peaceful means, and that any effort to determine the future of Taiwan by other than peaceful means is a threat to the peace and security of the Western Pacific area and of grave concern to the United States;
(5) that the increasingly coercive and aggressive behavior of the People’s Republic of China towards Taiwan, including growing military maneuvers targeting Taiwan, is contrary to the expectation of the peaceful resolution of the future of Taiwan;
(6) that, as set forth in the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.), the United States will support the development of capable, ready, and modern defense forces necessary for Taiwan to maintain a sufficient self-defense capability, including by—
(A) supporting acquisition by Taiwan of defense articles and services through foreign military sales, direct commercial sales, and industrial cooperation, with an emphasis on capabilities that support the asymmetric defense strategy of Taiwan, including antiship, coastal defense, antiarmor, air defense, undersea warfare, advanced command, control, communications, computers, intelligence, surveillance, and reconnaissance, and resilient command and control capabilities;
(B) ensuring timely review of and response to requests of Taiwan for defense articles and services;
(C) conducting practical training and military exercises with Taiwan, including, as appropriate, the Rim of the Pacific exercise, combined training at the National Training Center at Fort Erwin, and bilateral naval exercises and training;
(D) examining the potential for expanding professional military education and technical training opportunities in the United States for military personnel of Taiwan;
(E) pursuing a strategy of military engagement with Taiwan that fully integrates exchanges at the strategic, policy, and functional levels;
(F) increasing exchanges between senior defense officials and general officers of the United States and Taiwan consistent with the Taiwan Travel Act (Public Law 115–135; 132 Stat. 341), especially for the purpose of enhancing cooperation on defense planning and improving the interoperability of the military forces of the United States and Taiwan;
(G) conducting military exchanges with Taiwan specifically focused on improving the reserve force of Taiwan; and
(H) expanding cooperation in military medicine and humanitarian assistance and disaster relief, including through the participation of medical vessels of Taiwan in appropriate exercises with the United States; and
(7) that, as set forth in the Taiwan Relations Act (Public Law 96–8; 22 U.S.C. 3301 et seq.), the United States will maintain the capacity to resist any resort to force or other forms of coercion that would jeopardize the security, or the social or economic system, of the people on Taiwan, including the capacity of the United States Armed Forces to deny a fait accompli operation by the People’s Republic of China to rapidly seize control of Taiwan.
(b)
Sense of Senate
It is the sense of the Senate that the Secretary of Defense should—
(1) ensure that policy guidance to the Department of Defense related to United States-Taiwan defense relations is fully consistent with the statement of policy set forth in subsection (a); and
(2) issue new policy guidance required to carry out such policy.
1259.
Sense of Congress on port calls in Taiwan with the USNS Comfort and the USNS Mercy
It is the sense of Congress that the Department of Defense should conduct port calls in Taiwan with the USNS Comfort and the USNS Mercy—
(1) to continue the collaboration between the United States and Taiwan on COVID–19 responses, which has included—
(A) research and development of tests, vaccines, and medicines; and
(B) donations of face masks;
(2) to further improve the cooperation between the United States and Taiwan on military medicine and humanitarian assistance and disaster relief;
(3) to allow United States personnel to benefit from the expertise of Taiwanese personnel, in light of the successful response of Taiwan to COVID–19; and
(4) to continue the mission of the USNS Comfort and the USNS Mercy, which have demonstrated the value of the Department capacity to deploy maritime medical capabilities worldwide and provide contingency capacity in the United States during significant crises.
1260.
Limitation on use of funds to reduce total number of members of the Armed Forces serving on active duty who are deployed to the Republic of Korea
None of the funds authorized to be appropriated by this Act may be obligated or expended to reduce the total number of members of the Armed Forces serving on active duty and deployed to the Republic of Korea to fewer than 28,500 such members of the Armed Forces until 90 days after the date on which the Secretary of Defense certifies to the congressional defense committees that—
(1) such a reduction—
(A) is in the national security interest of the United States; and
(B) will not significantly undermine the security of United States allies in the region; and
(2) the Secretary has appropriately consulted with allies of the United States, including the Republic of Korea and Japan, regarding such a reduction.
1261.
Sense of Congress on co-development with Japan of a long-range ground-based anti-ship cruise missile system
It is the sense of Congress that—
(1) the Department of Defense should prioritize consultations with the Ministry of Defense of Japan to determine whether a ground-based, long-range anti-ship cruise missile system would meet shared defense requirements of the United States and Japan; and
(2) if it is determined that a ground-based, long-range anti-ship cruise missile system would meet shared defense requirements, the United States and Japan should consider co-development of such a system.
F
Reports
1271.
Review of and report on overdue acquisition and cross-servicing agreement transactions
(a)
Review
The Secretary of Defense, acting through the official designated to provide oversight of acquisition and cross-servicing agreements under section 2342(f) of title 10, United States Code, shall conduct a review of acquisition and cross-servicing transactions for which reimbursement to the United States is overdue under section 2345 of that title.
(b)
Report
(1)
In general
Not later than March 1, 2021, the designated official described in subsection (a) shall submit to the congressional defense committees a report on the results of the review.
(2)
Elements
The report required by paragraph (1) shall include the following:
(A) For each acquisition and cross-servicing transaction valued at $1,000,000 or more for which reimbursement to the United States was overdue as of October 1, 2019—
(i) the total amount of the transaction;
(ii) the unreimbursed balance of the transaction;
(iii) the date on which the original transaction was made;
(iv) the date on which the most recent request for payment was sent to the relevant foreign partner; and
(v) a plan for securing reimbursement from the foreign partner.
(B) A description of the steps taken to implement the recommendations made in the report of the Government Accountability Office entitled Defense Logistics Agreements: DOD Should Improve Oversight and Seek Payment from Foreign Partners for Thousands of Orders It Identifies as Overdue issued in March 2020, including efforts to validate data reported under this subsection and in the system of record for acquisition and cross-servicing agreements of the Department of Defense.
(C) The amount of reimbursement received from foreign partners for each order—
(i) for which the reimbursement is recorded as overdue in the system of record for acquisition and cross-servicing agreements of the Department of Defense; and
(ii) that was authorized during the period beginning in October 2013 and ending in September 2020.
(D) A plan for improving recordkeeping of acquisition and cross-servicing transactions and ensuring timely reimbursement by foreign partners.
(E) Any other matter considered relevant by the designated official described in subsection (a).
1272.
Report on burden sharing contributions by designated countries
Section 2350j of title 10, United States Code, is amended by adding at the end the following new subsection:
(f)
Report on contributions received from designated countries
(1)
In general
Not later than January 15 each year, the Secretary of Defense shall submit to the appropriate committees of Congress a report on the burden sharing contributions received under this section from designated countries.
(2)
Elements
Each report required by paragraph (1) shall include the following for the preceding fiscal year:
(A) A list of all designated countries from which burden sharing contributions were received.
(B) An explanation of the purpose for which each such burden sharing contribution was provided.
(C) In the case of a written agreement entered into with a designated country under this section—
(i) the date on which the agreement was signed; and
(ii) the names of the individuals who signed the agreement.
(D) For each designated country—
(i) the amount provided by the designated country; and
(ii) the amount of any remaining unobligated balance.
(E) The amount of such burden sharing contributions expended, by eligible category, including compensation for local national employees, military construction projects, and supplies and services of the Department of Defense.
(F) An explanation of any other burden sharing or in-kind contribution provided by a designated country under an agreement or authority other than the authority provided by this section.
(G) Any other matter the Secretary of Defenses considers relevant.
(3)
Appropriate committees of Congress defined
In this subsection, the term appropriate committees of Congress means—
(A) the Committee on Armed Services, the Committee on Foreign Relations, and the Committee on Appropriations of the Senate; and
(B) the Committee on Armed Services, the Committee on Foreign Affairs, and the Committee on Appropriations of the House of Representatives.
.
1273.
Report on risk to personnel, equipment, and operations due to Huawei 5G architecture in host countries
(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 report that contains an assessment of—
(1) the risk to personnel, equipment, and operations of the Department of Defense in host countries posed by the current or intended use by such countries of 5G telecommunications architecture provided by Huawei Technologies Co., Ltd.; and
(2) measures required to mitigate the risk described in paragraph (1), including the merit and feasibility of the relocation of certain personnel or equipment of the Department to another location without the presence of 5G telecommunications architecture provided by Huawei Technologies Co., Ltd.
(b)
Form
The report required by subsection (a) shall be submitted in classified form with an unclassified summary.
G
Other matters
1281.
Reciprocal patient movement agreements
(a)
In general
Subchapter II of chapter 138 of title 10, United States Code, as amended by section 1241(a), is further amended by adding at the end the following new section:
2350p.
Reciprocal patient movement agreements
(a)
Authority
Subject to the availability of appropriations, the Secretary of Defense, with the concurrence of the Secretary of State, may enter into a bilateral or multilateral memorandum of understanding or other formal agreement with one or more governments of partner countries that provides for—
(1) the interchangeable, nonreimbursable use of patient movement personnel, either individually or as members of a patient movement crew or team, and equipment, belonging to one partner country to perform patient movement services aboard the aircraft, vessels, or vehicles of another partner country;
(2) the reciprocal recognition and acceptance of —
(A) national professional credentials, certifications, and licenses of patient movement personnel; and
(B) national certifications, approvals, and licenses of equipment used in the provision of patient movement services; and
(3) the acceptance of agreed-upon standards for the provision of patient movement services by aircraft, vessel, or vehicle, including, as determined to be beneficial and otherwise permitted by law, the harmonization of patient treatment standards and procedures.
(b)
Certification
(1) Before entering into a memorandum of understanding or other formal agreement with the government of a partner country under this section, the Secretary of Defense shall certify in writing that the professional credentials, certifications, licenses, and approvals for patient movement personnel and patient movement equipment of the partner country—
(A) meet or exceed the equivalent standards of the United States for similar personnel and equipment; and
(B) will provide for a level of care comparable to, or better than, the level of care provided by the Department of Defense.
(2) A certification under paragraph (1) shall be—
(A) submitted to the appropriate committees of Congress not later than 15 days after the date on which the Secretary of Defense makes the certification; and
(B) reviewed and recertified by the Secretary of Defense not less frequently than annually.
(c)
Suspension
If the Secretary of Defense is unable to recertify a partner country as required by subsection (b)(2)(B), use of the personnel or equipment of the partner country by the Department of Defense under a memorandum of understanding or other formal agreement concluded pursuant to subsection (a) shall be suspended until the date on which the Secretary of Defense is able to recertify the partner country.
(d)
Definitions
In this section:
(1)
Appropriate committees of Congress
The term appropriate committees of Congress means—
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
(2)
Partner country
The term partner country means any of the following:
(A) A member country of the North Atlantic Treaty Organization.
(B) Australia.
(C) Japan.
(D) New Zealand.
(E) The Republic of Korea.
(F) Any other country designated as a partner country by the Secretary of Defense, with the concurrence of the Secretary of State, for purposes of this section.
(3)
Patient movement
The term patient movement means the act or process of moving wounded, ill, injured, or other persons (including contaminated, contagious, and potentially exposed patients) to obtain medical, surgical, mental health, or dental care or treatment.
.
(b)
Clerical amendment
The table of sections at the beginning of such subchapter, as amended by section 1241(b), is further amended by adding at the end the following new item:
2350p. Reciprocal patient movement agreements.
.
1282.
Extension of authorization of non-conventional assisted recovery capabilities
Subsection (g) of section 943 of the National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4578), as most recently amended by section 1282(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2542) and as redesignated by section 1051(n)(1) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1564), is further amended by striking 2021 and inserting 2024.
1283.
Extension of Department of Defense support for stabilization activities in national security interest of the United States
Section 1210A(h) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by striking December 31, 2020 and inserting December 31, 2021.
1284.
Notification with respect to withdrawal of members of the Armed Forces participating in the Multinational Force and Observers in Egypt
(a)
In general
Not later than 30 days before a reduction in the total number of members of the Armed Forces deployed to the Multinational Force and Observers in Egypt to fewer than 430 such members of the Armed Forces, the Secretary of Defense shall submit to the appropriate committees of Congress a notification that includes the following:
(1) A detailed accounting of the number of members of the Armed Forces to be withdrawn from the Multinational Force and Observers in Egypt and the capabilities that such members of the Armed Forces provide in support of the mission.
(2) An explanation of national security interests of the United States served by such a reduction and an assessment of the effect, if any, such a reduction is expected to have on the security of United States partners in the region.
(3) A description of consultations by the Secretary with the other countries that contribute military forces to the Multinational Force and Observers, including Australia, Canada, Colombia, the Czech Republic, Fiji, France, Italy, Japan, New Zealand, Norway, the United Kingdom, and Uruguay, with respect to the planned force reduction and the results of such consultations.
(4) An assessment of whether other countries, including the countries that contribute military forces to the Multinational Force and Observers, will increase their contributions of military forces to compensate for the capabilities withdrawn by the United States.
(5) An explanation of—
(A) any anticipated negative impact of such a reduction on the ability of the Multinational Force and Observers in Egypt to fulfill its mission of supervising the implementation of the security provisions of the 1979 Treaty of Peace between Egypt and Israel and employing best efforts to prevent any violation of the terms of such treaty; and
(B) the manner in which any such negative impact will be mitigated.
(6) Any other matter the Secretary considers appropriate.
(b)
Form
The notification required by subsection (a) shall be submitted in unclassified form, but may include a classified annex.
(c)
Appropriate committees of Congress defined
In this section, the term appropriate committees of Congress means—
(1) the congressional defense committees; and
(2) the Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
1285.
Modification to initiative to support protection of national security academic researchers from undue influence and other security threats
Section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note) is amended—
(1) in subsection (c)(2)—
(A) in subparagraph (A), by striking ; and and inserting a semicolon;
(B) in subparagraph (B), by striking the period at the end and inserting ; and; and
(C) by adding at the end the following new subparagraph:
(C) includes requirements for appropriate senior officials of institutions of higher education to receive from appropriate Government agencies updated and periodic briefings that describe the espionage risks posed by technical intelligence gathering activities of near-peer strategic competitors.
; and
(2) in subsection (e)(2)(D), by striking improve and inserting improved.
1286.
Establishment of United States-Israel Operations-Technology Working Group
(a)
Sense of Senate
It is the sense of the Senate that—
(1) the United States Government has a responsibility to undertake all reasonable measures to ensure that members of the Armed Forces never confront a more technologically advanced foe;
(2) the United States and Israel have several cooperative technology programs to develop and field capabilities in missile defense, countertunneling, and counterunmanned aerial systems; and
(3) building on positive ongoing efforts, the United States and Israel should further institutionalize and strengthen their defense innovation partnership by establishing a United States-Israel Operations-Technology Working Group to identify and expeditiously field capabilities that the military forces of both countries need to deter and defeat respective adversaries.
(b)
United States-Israel Operations-Technology Working Group
(1)
In general
Not later than one year after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Minister of Defense of Israel, shall establish a United States-Israel Operations-Technology Working Group (in this subsection referred to as the Working Group) for the following purposes:
(A) To provide a standing forum for the United States and Israel to systematically share intelligence-informed military capability requirements.
(B) To identify military capability requirements common to both the Department of Defense and the Ministry of Defense of Israel.
(C) To assist defense suppliers in the United States and Israel, by incorporating recommendations from such defense suppliers, with respect to conducting joint science, technology, research, development, test, evaluation, and production efforts.
(D) To develop, as feasible and advisable, combined United States-Israel plans to research, develop, procure, and field weapons systems and military capabilities as quickly and economically as possible to meet common capability requirements of the Department of Defense and the Ministry of Defense of Israel.
(2)
Working Group leadership
(A)
United States leadership
With respect to the United States, the Working Group shall be headed by—
(i) the Secretary, or a designee; and
(ii) the Chairman of the Joint Chiefs of Staff, or a designee.
(B)
Israel leadership
The Secretary shall invite the Government of Israel to designate the head of the appropriate office or offices to head the Working Group with respect to Israel.
(3)
Working Group membership
(A)
United States membership
The Secretary, in consultation with other Cabinet members, shall designate one or more individuals to serve as members of the Working Group.
(i)
Mandatory United States members
The membership of the Working Group shall consist of, at a minimum, representatives from—
(I) the Office of the Secretary of Defense;
(II) the Joint Staff;
(III) each of the military departments (including, as appropriate, subordinate entities such as Army Futures Command and research laboratories);
(IV) the defense agencies (including the Defense Advanced Research Projects Agency, the Defense Intelligence Agency, and the Defense Security Cooperation Agency);
(V) United States Central Command; and
(VI) United States European Command.
(ii)
Rule of construction
Nothing in this subparagraph shall be construed as limiting the ability of the Secretary to add members to the Working Group, as considered appropriate.
(B)
Israel membership
The Secretary shall invite such representatives of the Government of Israel to designate individuals from the Government of Israel to serve as members of the Working Group, as the Secretary considers appropriate.
(4)
Existing efforts
(A)
In general
The Secretary shall determine the most efficient and effective means to integrate the Working Group into existing United States science and technology efforts and research, development, test, and evaluation efforts with Israel.
(B)
Rule of construction
Nothing in this subsection shall be construed as requiring the termination of any existing United States defense activity, group, program, or partnership with Israel.
(5)
Memorandum of understanding
(A)
In general
The Secretary shall, with the concurrence of the Minister of Defense of Israel, establish a memorandum of understanding between the United States and Israel establishing the United States-Israel Operations Technology Working Group.
(B)
Matters to be included
The memorandum of understanding under subparagraph (A) shall set forth—
(i) the purposes of the Working Group, consistent with paragraph (1);
(ii) the membership of the Working Group, consistent with paragraph (3); and
(iii) any other matter considered appropriate.
(6)
Reports
(A)
Initial report
(i)
In general
Not later than 180 days after the establishment of the Working Group, the Secretary shall submit to the appropriate committees of Congress an initial report on the Working Group.
(ii)
Elements
The report required by clause (i) shall include the following:
(I) The finalized memorandum of understanding under paragraph (5).
(II) The name of each individual of the Government of the United States and of the Government of Israel designated to lead the Working Group.
(III) The name of each member of the Working Group designated under subparagraph (A) or (B) of paragraph (3).
(IV) A description of the manner in which the Working Group is anticipated to complement and augment existing science and technology efforts and research, development, test, and evaluation efforts with Israel.
(V) A schedule for Working Group meetings.
(VI) A description of key metrics and milestones for the Working Group.
(VII) A description of any authority or authorization of appropriations required for the Working Group to carry out the purposes described in paragraph (1).
(iii)
Form
The report required by clause (i) shall be submitted in unclassified form, but may include a classified annex.
(B)
Annual report
(i)
In general
Not later than March 15 of each year following the submittal of the initial report required by subparagraph (A), the Secretary shall submit to the appropriate committees of Congress a report on the activities of the Working Group during the preceding calendar year.
(ii)
Elements
The report required by clause (i) shall include the following:
(I) A summary of the performance of the Working Group—
(aa) with respect to the first annual report under this subparagraph, the metrics and milestones described in the initial report in accordance with subparagraph (A)(ii)(VI); or
(bb) with respect to each subsequent annual report under this subparagraph, the metrics and milestones described in the preceding annual report under subclause (VIII).
(II) A description of military capabilities needed by both the United States and Israel.
(III) A description of any United States, or any United States-Israel, science and technology efforts, or research, development, test, and evaluation efforts, associated with the military capabilities described under subclause (II) carried out during the reporting period.
(IV) A description of any obstacle or challenge associated with an effort described in subclause (III) and the plan of the Working Group to address such obstacle or challenge.
(V) A description of any request to the Working Group made by a United States or Israel defense supplier for combined science and technology efforts or combined research, development, test, and evaluation efforts, including—
(aa) the date on which the request was received;
(bb) the efforts made by the Working Group to expeditiously address the request; and
(cc) the status of any decision associated with the request.
(VI) A description of the efforts of the Working Group to prevent the People's Republic of China or the Russian Federation from obtaining intellectual property or military technology associated with combined United States and Israel science and technology efforts and research, development, test, and evaluation efforts.
(VII) A description of any science and technology effort, or research, development, test, or evaluation effort, facilitated by the Working Group, including efforts that result in a United States or Israel program of record.
(VIII) A description of metrics and milestones for the Working Group for the following calendar year.
(iii)
Form
Each report required by clause (i) shall be submitted in unclassified form and shall include a classified annex in which the elements required under subclauses (II) and (VI) of clause (ii) shall be addressed.
(C)
Appropriate committees of Congress defined
In this paragraph, the term appropriate committees of Congress means—
(i) the Committee on Armed Services, the Committee on Foreign Relations, and the Select Committee on Intelligence of the Senate; and
(ii) the Committee on Armed Services, the Committee on Foreign Affairs, and the Permanent Select Committee on Intelligence of the House of Representatives.
XIII
COOPERATIVE THREAT REDUCTION
1301.
Funding allocations for Department of Defense Cooperative Threat Reduction Program
(a)
In general
Of the $288,490,000 authorized to be appropriated to the Department of Defense for fiscal year 2021 in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program established under section 1321 of the Department of Defense Cooperative Threat Reduction Act (50 U.S.C. 3711), the following amounts may be obligated for the purposes specified:
(1) For strategic offensive arms elimination, $2,924,000.
(2) For chemical security and elimination, $11,806,000.
(3) For global nuclear security, $20,152,000.
(4) For biological threat reduction, $177,396,000.
(5) For proliferation prevention, $52,064,000.
(6) For activities designated as Other Assessments/Administrative Costs, $24,148,000.
(b)
Availability of funds
Funds appropriated pursuant to the authorization of appropriations in section 301 and made available by the funding table in division D for the Department of Defense Cooperative Threat Reduction Program shall be available for obligation for fiscal years 2021, 2022, and 2023.
XIV
Other Authorizations
A
Military Programs
1401.
Working capital funds
Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4501.
1402.
Chemical Agents and Munitions Destruction, Defense
(a)
Authorization of appropriations
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses, not otherwise provided for, for Chemical Agents and Munitions Destruction, Defense, as specified in the funding table in section 4501.
(b)
Use
Amounts authorized to be appropriated under subsection (a) are authorized for—
(1) the destruction of lethal chemical agents and munitions in accordance with section 1412 of the Department of Defense Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the United States that is not covered by section 1412 of such Act.
1403.
Drug Interdiction and Counter-Drug Activities, Defense-wide
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4501.
1404.
Defense Inspector General
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4501.
1405.
Defense Health Program
Funds are hereby authorized to be appropriated for fiscal year 2021 for the Defense Health Program, as specified in the funding table in section 4501, for use of the Armed Forces and other activities and agencies of the Department of Defense in providing for the health of eligible beneficiaries.
B
Armed Forces Retirement Home
1411.
Authorization of appropriations for Armed Forces Retirement Home
There is hereby authorized to be appropriated for fiscal year 2021 from the Armed Forces Retirement Home Trust Fund the sum of $64,300,000 for the operation of the Armed Forces Retirement Home.
1412.
Periodic inspections of Armed Forces Retirement Home facilities by nationally recognized accrediting organization
(a)
In general
Section 1518 of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 418) is amended to read as follows:
1518.
Periodic inspection of Retirement Home facilities
(a)
Inspections
The Chief Operating Officer shall request the inspection of each facility of the Retirement Home by a nationally recognized civilian accrediting organization in accordance with section 1511(g) on a frequency consistent with the standards of such organization.
(b)
Availability of staff and records
The Chief Operating Officer and the Administrator of a facility being inspected under this section shall make all staff, other personnel, and records of the facility available to the civilian accrediting organization in a timely manner for purposes of inspections under this section.
(c)
Reports
Not later than 60 days after receiving a report on an inspection from the civilian accrediting organization under this section, the Chief Operating Officer shall submit to the Secretary of Defense, the Senior Medical Advisor, and the Advisory Council a report containing—
(1) the results of the inspection; and
(2) a plan to address any recommendations and other matters set forth in the report.
.
(b)
Conforming amendments
The Armed Forces Retirement Home Act of 1991 (24 U.S.C. 401 et seq.) is further amended as follows:
(1) In section 1513A(c)(2) (24 U.S.C. 413a(c)(2)), by striking (including requirements identified in applicable reports of the Inspector General of the Department of Defense).
(2) In section 1516(b)(3) (24 U.S.C. 416(b)(3))—
(A) by striking shall— and all that follows through provide for and inserting shall provide for;
(B) by striking ; and and inserting a period; and
(C) by striking subparagraph (B).
(3) In section 1517(e)(2) (24 U.S.C. 417(e)(2)), by striking the Inspector General of the Department of Defense,.
1413.
Expansion of eligibility for residence at the Armed Forces Retirement Home
(a)
Expansion of eligibility
Section 1512(a) of the Armed Forces Retirement Home Act of 1991 (24 U.S.C. 412(a)) is amended—
(1) in the matter preceding paragraph (1), by striking active in the first sentence;
(2) in paragraph (1), by striking are 60 years of age or over and; and
(3) by adding the following new paragraph:
(5) Persons who are eligible for retired pay under chapter 1223 of title 10, United States Code, and—
(A) are eligible for care under section 1710 of title 38, United States Code;
(B) are enrolled in coverage under chapter 55 of title 10, United States Code; or
(C) are enrolled in a qualified health plan acceptable to the Chief Operating Officer.
.
(b)
Parity of fees and deductions
Section 1514(c) of such Act (24 U.S.C. 414(c)) is amended—
(1) by striking paragraph (2) and inserting the following new paragraph (2)
(2)
(A) The fee shall be fixed as a percentage of the monthly income and monthly payments (including Federal payments) received by a resident. The percentage shall be the same for each facility of the Retirement Home. The Secretary of Defense may make any adjustment in a percentage that the Secretary determines appropriate.
(B) The calculation of monthly income and monthly payments under subparagraph (A) for a resident eligible under section 1512(a)(5) shall not be less than the retirement pay for equivalent active duty service as determined by the Chief Operating Officer, except as the Chief Operating Officer may provide because of compelling personal circumstances.
; and
(2) by adding at the end the following new paragraph:
(4) The Administrator of each facility of the Retirement Home may collect a fee upon admission from a resident accepted under section 1512(a)(5) equal to the deductions then in effect under section 1007(i)(1) of title 37, United States Code, for each year of non-regular service, and shall deposit such fee in the Armed Forces Retirement Home Trust Fund.
.
(c)
Conforming amendment
Section 1007(i)(3) of title 37, United States Code, is amended by striking Armed Forces Retirement Home Board and inserting Chief Operating Officer of the Armed Forces Retirement Home.
C
Other Matters
1421.
Authority for transfer of funds to joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Fund for Captain James A. Lovell Health Care Center, Illinois
(a)
Authority for transfer of funds
Of the funds authorized to be appropriated by section 1405 and available for the Defense Health Program for operation and maintenance, $130,400,000 may be transferred by the Secretary of Defense to the Joint Department of Defense–Department of Veterans Affairs Medical Facility Demonstration Fund established by subsection (a)(1) of section 1704 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 123 Stat. 2571).
(b)
Treatment of transferred funds
For purposes of subsection (a)(2) of such section 1704, any funds transferred under subsection (a) shall be treated as amounts authorized and appropriated specifically for the purpose of such a transfer.
(c)
Use of transferred funds
For purposes of subsection (b) of such section 1704, facility operations for which funds transferred under subsection (a) may be used are operations of the Captain James A. Lovell Federal Health Care Center, consisting of the North Chicago Veterans Affairs Medical Center, the Navy Ambulatory Care Center, and supporting facilities designated as a combined Federal medical facility under an operational agreement covered by section 706 of the Duncan Hunter National Defense Authorization Act for Fiscal Year 2009 (Public Law 110–417; 122 Stat. 4500).
XV
Authorization of additional appropriations for Overseas contingency operations
A
Authorization of appropriations
1501.
Purpose
The purpose of this subtitle is to authorize appropriations for the Department of Defense for fiscal year 2021 to provide additional funds for overseas contingency operations being carried out by the Armed Forces.
1502.
Overseas contingency operations
Funds are hereby authorized to be appropriated for fiscal year 2021 for the Department of Defense for overseas contingency operations in such amounts as may be designated as provided in section 251(b)(2)(A)(ii) of the Balanced Budget and Emergency Deficit Control Act of 1985 (2 U.S.C. 901(b)(2)(A)(ii)).
1503.
Procurement
Funds are hereby authorized to be appropriated for fiscal year 2021 for procurement accounts for the Army, the Navy and the Marine Corps, the Air Force, and Defense-wide activities, as specified in the funding table in section 4102.
1504.
Research, development, test, and evaluation
Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Department of Defense for research, development, test, and evaluation, as specified in the funding table in section 4202.
1505.
Operation and maintenance
Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for operation and maintenance, as specified in the funding table in section 4302.
1506.
Military personnel
Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Armed Forces and other activities and agencies of the Department of Defense for expenses, not otherwise provided for, for military personnel, as specified in the funding table in section 4402.
1507.
Working capital funds
Funds are hereby authorized to be appropriated for fiscal year 2021 for the use of the Armed Forces and other activities and agencies of the Department of Defense for providing capital for working capital and revolving funds, as specified in the funding table in section 4502.
1508.
Drug Interdiction and Counter-Drug Activities, Defense-wide
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses, not otherwise provided for, for Drug Interdiction and Counter-Drug Activities, Defense-wide, as specified in the funding table in section 4502.
1509.
Defense Inspector General
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses, not otherwise provided for, for the Office of the Inspector General of the Department of Defense, as specified in the funding table in section 4502.
1510.
Defense Health Program
Funds are hereby authorized to be appropriated for the Department of Defense for fiscal year 2021 for expenses, not otherwise provided for, for the Defense Health Program, as specified in the funding table in section 4502.
B
Financial Matters
1521.
Treatment as additional authorizations
The amounts authorized to be appropriated by this title are in addition to amounts otherwise authorized to be appropriated by this Act.
1522.
Special transfer authority
(a)
Authority To transfer authorizations
(1)
Authority
Upon determination by the Secretary of Defense that such action is necessary in the national interest, the Secretary may transfer amounts of authorizations made available to the Department of Defense in this title for fiscal year 2021 between any such authorizations for that fiscal year (or any subdivisions thereof). Amounts of authorizations so transferred shall be merged with and be available for the same purposes as the authorization to which transferred.
(2)
Limitation
The total amount of authorizations that the Secretary may transfer under the authority of this subsection may not exceed $2,000,000,000.
(b)
Terms and conditions
Transfers under this section shall be subject to the same terms and conditions as transfers under section 1001.
(c)
Additional authority
The transfer authority provided by this section is in addition to the transfer authority provided under section 1001.
C
Other matters
1531.
Afghanistan Security Forces Fund
(a)
Extension of availability of funds for security of Afghan women
Subsection (c)(1) of section 1520 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended, in the matter preceding subparagraph (A), by striking fiscal year 2020 and inserting fiscal year 2021.
(b)
Assessment of Afghanistan progress on objectives
Subsection (d) of such section is amended—
(1) in paragraph (1)—
(A) in the matter preceding subparagraph (A), by striking June 1, 2020 and inserting March 1, 2021;
(B) in subparagraph (A), by striking ; and and inserting , including specific milestones achieved since the date on which the 2020 progress report was submitted;;
(C) in subparagraph (B), by striking the period at the end and inserting ; and; and
(D) by adding at the end the following:
(C) the efforts of the Government of the Islamic Republic of Afghanistan to fulfill the commitments of the Government of the Islamic Republic of Afghanistan under the Joint Declaration between the Islamic Republic of Afghanistan and the United States of America for Bringing Peace to Afghanistan, issued on February 29, 2020.
;
(2) by amending paragraph (2) to read as follows:
(2)
Matters to be included
In conducting the assessment required by paragraph (1), the Secretary of Defense shall include each of the following:
(A) The progress made by the Government of the Islamic Republic of Afghanistan toward increased accountability and the reduction of corruption within the Ministry of Defense and the Ministry of Interior of the Government of the Islamic Republic of Afghanistan.
(B) The extent to which the Government of the Islamic Republic of Afghanistan has designated the appropriate staff, prioritized the development of relevant processes, and provided or requested the allocation of resources necessary to support a peace and reconciliation process in Afghanistan.
(C) The extent to which the capability and capacity of the Afghan National Defense and Security Forces have improved as a result of Afghanistan Security Forces Fund investment, including through training, and an articulation of the metrics used to assess such improvements.
(D) The extent to which the Afghan National Defense and Security Forces have been successful in—
(i) defending territory, re-taking territory, and disrupting attacks;
(ii) reducing the use of Afghan National Defense and Security Forces checkpoints; and
(iii) curtailing the use of Afghan Special Security Forces for missions that are better suited to general purpose forces.
(E) The distribution practices of the Afghan National Defense and Security Forces and whether the Government of the Islamic Republic of Afghanistan is ensuring that supplies, equipment, and weaponry supplied by the United States are appropriately distributed to, and employed by, security forces.
(F) The progress made with respect to the recruitment, integration, retention, training, and treatment of women in the Afghan National Defense and Security Forces.
(G) The extent to which the Government of the Islamic Republic of Afghanistan is adhering to conditions for receiving assistance established in annual financial commitment letters or any other bilateral agreement with the United States.
(H) Such other factors as the Secretaries consider appropriate.
; and
(3) by amending paragraph (4) to read as follows:
(4)
Withholding of funds for insufficient progress
(A)
Certification
Not later than December 31, 2020, the Secretary of Defense, in coordination with the Secretary of State and pursuant to the assessment under paragraph (1), shall submit to the congressional defense committees a certification indicating whether the Government of the Islamic Republic of Afghanistan has made sufficient progress in the areas described in paragraph (2).
(B)
Withholding of funds
If the Secretary of Defense is unable under subparagraph (A) to certify that the Government of the Islamic Republic of Afghanistan is making sufficient progress in the areas described in paragraph (2), the Secretary of Defense shall—
(i) withhold from expenditure and obligation an amount that is not less than 5 percent and not more than 15 percent of the amounts made available for assistance for the Afghan National Defense and Security Forces for fiscal year 2021 until the date on which the Secretary is able to so certify; and
(ii) notify the congressional defense committees not later than 30 days before withholding such funds and indicate the specific areas of insufficient progress.
(C)
Waiver
If the Secretary of Defense determines that withholding such funds would impede the national security objectives of the United States by prohibiting, restricting, delaying, or otherwise limiting the provision of assistance to the Afghan National Defense and Security Forces for fiscal year 2021, the Secretary may waive the withholding requirement under subparagraph (B) if the Secretary, in coordination with the Secretary of State, certifies such determination to the congressional defense committees not later than 30 days before the effective date of the waiver.
.
(c)
Additional reporting requirements
Subsection (e) of such section is amended—
(1) in the matter preceding paragraph (1), by striking fiscal year 2021 and inserting fiscal year 2022;
(2) in paragraph (1), by striking fiscal year 2019 and inserting fiscal year 2020;
(3) in paragraph (2), by striking fiscal year 2020 and inserting fiscal year 2021; and
(4) by amending paragraph (3) to read as follows:
(3) If the amounts described in paragraph (2) exceed the amount described in paragraph (1)—
(A) an explanation as to why such amounts are greater; and
(B) a detailed description of the specific entities and purposes that were supported by such increase.
.
(d)
Conforming amendment
Such section is further amended by striking Government of Afghanistan each place it appears and inserting Government of the Islamic Republic of Afghanistan.
1532.
Transition and enhancement of inspector general authorities for Afghanistan reconstruction
(a)
Sense of Senate
It is the sense of the Senate to commend the Special Inspector General for Afghanistan Reconstruction, and the Office of the Special Inspector General for Afghanistan Reconstruction, for—
(1) dedicated and faithful service to the United States since their establishment in the 2008; and
(2) promoting substantial efficiency and effectiveness in the administration of programs and operations funded with amounts for the reconstruction of Afghanistan.
(b)
Purposes
Subsection (a) of section 1229 of the National Defense Authorization Act for Fiscal Year 2008 (5 U.S.C. app. 8G note) is amended—
(1) in paragraph (3), by inserting after To provide for the following: the transition to the lead Inspector General for Operation Freedom's Sentinel designated pursuant to section 8L(d) of the Inspector General Act of 1978 (50 U.S.C. app. 8L(d)) of all duties, responsibilities, and authorities for serving; and
(2) by adding at the end the following new paragraph:
(4) To maximize coordination between the Inspector General under this section and the lead Inspector General for Operation Freedom's Sentinel, including through transparency and timely sharing of data and information collected in relation to the exercise of their respective duties, responsibilities, and authorities, with emphasis on matters of significant overlap between the Department of State, the United States Agency for International Development, and the Department of Defense.
.
(c)
Assistant Inspector General for Auditing
Subsection (d)(1) of such section is amended by striking supported by and inserting funded with.
(d)
Supervision
Subsection (e)(2) of such section is amended by inserting authorized by this section after any audit or investigation.
(e)
Duties
Subsection (f) of such section is amended—
(1) in paragraph (1)—
(A) in subparagraph (E), by adding and at the end;
(B) by striking subparagraph (F);
(C) by redesignating subparagraph (G) as subparagraph (F); and
(D) in subparagraph (F), as redesignated by subparagraph (C) of this paragraph—
(i) by inserting with such funds after overpayments,; and
(ii) by inserting regarding such funds, after or affiliated entities;
(2) in paragraph (2)—
(A) by striking The Inspector General and inserting As specified in this section, the Inspector General; and
(B) by striking as the Inspector General considers appropriate and inserting as necessary; and
(3) by striking paragraph (4) and inserting the following new paragraph (4):
(4)
Scope of duties and responsibilities
(A)
No extension to particular matters
The duties and responsibilities of the Inspector General under paragraphs (1) through (3) shall not extend to the following:
(i) Military operations or activities (including security assistance or cooperation), unless such operations or activities are funded using a Fund or account specified in subsection (n)(1).
(ii) Contracts for personal security.
(B)
Assignment of duties and responsibilities for such matters
Duties and responsibilities of inspectors general with respect to operations and activities and contracts specified in subparagraph (A) shall be discharged by the lead Inspector General for Operation Freedom's Sentinel designated pursuant to section 8L(d) of the Inspector General Act of 1978.
.
(f)
Responsibility for coordination of efforts vested in lead IG for Operation Freedom's Sentinel
Such section is further amended—
(1) by redesignating subsections (g) through (o) as subsections (h) through (p), respectively; and
(2) by inserting after subsection (f) the following new subsection (g):
(g)
Coordination and deconfliction of efforts
(1)
Coordination and deconfliction through lead IG for Operation Freedom's Sentinel
The lead Inspector General for Operation Freedom's Sentinel designated pursuant to section 8L(d) of the Inspector General Act of 1978 shall exercise all duties, responsibilities, and authorities for the coordination and deconfliction of inspector general activities in or in regard to Afghanistan.
(2)
Coordination in discharge
In carrying out duties, responsibilities, and authorities under paragraph (1), the lead Inspector General referred to in that paragraph shall coordinate with, receive the cooperation of, and be responsible for deconfliction among, the following:
(A) Each Inspector General specified in section 8L(c) of the Inspector General Act of 1978 who is not the lead Inspector General for Operation Freedom's Sentinel.
(B) The Inspector General under this section.
.
(g)
Assistance from Federal agencies
Subsection (i) of such section, as redesignated by subsection (f)(1) of this section, is amended—
(1) in paragraph (5)(A), by inserting pertaining to the exercise by the Inspector General of duties, responsibilities, or authorities specified in subsection (f) after information and assistance; and
(2) by striking paragraph (6).
(h)
Reports
Subsection (j) of such section, as redesignated by subsection (f)(1) of this section, is amended—
(1) in paragraph (1)—
(A) by striking the matter preceding subparagraph (A) and inserting the following new matter:
(1)
Semi-annual reports
Not later than 30 days after the end of the second quarter of each fiscal year, and not later than 30 days after the end of the fourth quarter of each fiscal year, the Inspector General shall submit to the appropriate congressional committees a report setting forth a summary, for the two fiscal year quarters ending before the date on which such report is required to be submitted, of the activities of the Inspector General and the activities under programs and operations funded with amounts appropriated or otherwise made available for the reconstruction of Afghanistan. Each report shall include, for the period covered by such report, the following:
;
(B) by striking subparagraph (A) and inserting the following new subparagraph (A):
(A) A detailed statement of all obligations and expenditures of amounts appropriated or otherwise made available for the reconstruction of Afghanistan.
;
(C) in subparagraph (B), by inserting projects and programs funded by amounts appropriated or otherwise made available after costs incurred to date for; and
(D) in subparagraphs (C) and (D), by striking funded by any department or agency of the United States Government each place it appears and inserting funded by amounts appropriated or otherwise made available for the reconstruction of Afghanistan; and
(2) in paragraph (2), by striking that involves the use and all that follows and inserting that is funded by amounts appropriated or otherwise made available for the reconstruction of Afghanistan..
(i)
Report coordination
Subsection (k) of such section, as redesignated by subsection (f)(1) of this section, is amended—
(1) in the subsection heading, by inserting by Inspector General for Operation Freedom's Sentinel after Report coordination;
(2) in paragraph (1), by striking and the Secretary of Defense and inserting , the Secretary of Defense, and the lead Inspector General for Operation Freedom's Sentinel designated pursuant to section 8L(d) of the Inspector General Act of 1978; and
(3) in paragraph (2), by striking or the Secretary of Defense each place it appears and inserting , the Secretary of Defense, or the lead Inspector General referred to in paragraph (1).
(j)
Funds subject to oversight responsibility
Paragraph (1) of subsection (n) of such section, as redesignated by subsection (f)(1) of this section, is amended to read as follows:
(1)
Amounts appropriated or otherwise made available for the reconstruction of Afghanistan
The term amounts appropriated or otherwise made available for the reconstruction of Afghanistan means amounts appropriated or otherwise made available for any fiscal year for the reconstruction of Afghanistan under either of the following:
(A) The Economic Support Fund.
(B) The International Narcotics Control and Law Enforcement account.
(C) The Commanders Emergency Response Program Fund.
(D) The NATO Afghanistan National Army Trust Fund.
(E) The Drug Interdiction and Counter Drug Activities Fund.
(F) The Afghanistan Security Forces Fund.
.
(k)
Termination
Subsection (p) of such section, as redesignated by subsection (f)(1) of this section, is amended—
(1) by striking paragraph (2); and
(2) by adding at the end the following new paragraphs.
(2)
Assumption of duties, responsibilities, and authorities in termination
(A)
In general
Effective as of the date provided for in subparagraph (B), the duties, responsibilities, and authorities of the Inspector General under this section shall be discharged by the lead Inspector General for Operation Freedom's Sentinel designated pursuant to subsection (d) of section 8L of the Inspector General Act of 1978.
(B)
Effective date
The effective date provided for in this subparagraph shall be such date after the date of the termination of the Office of the Special Inspector General for Afghanistan Reconstruction pursuant to paragraph (1) as the Chair of the Council of Inspectors General on Integrity and Efficiency under subsection (a) of section 8L of the Inspector General Act of 1978 shall specify, which date may not be more than 180 days after the date of such termination.
(3)
Final report
The final report of the Inspector General under this section shall consist of the semi-annual report required by subsection (j)(1) for the last two fiscal year quarters ending before the date of the termination of the Office of the Special Inspector General for Afghanistan Reconstruction pursuant to paragraph (1).
.
(l)
Conforming and technical amendments
(1)
In general
Subject to paragraph (2), such section is further amended as follows:
(A) In subsection (a)(2)(A), by inserting a comma after economy.
(B) Subsection (a)(3) is amended to read as such subsection read as of the day before the date of the enactment of this Act.
(C) Paragraph (4) of subsection (a) is repealed.
(D) In subsection (f)(1)(E), by striking fund and inserting funds.
(E) In subsections (l) and (m), as redesignated by subsection (f)(1) of this section—
(i) by striking subsection (i) each place it appears and inserting subsection (j); and
(ii) by striking subsection (j)(2) each place it appears and inserting subsection (k)(2).
(2)
Effective dates
The amendments made by subparagraphs (A), (D) and (E) of paragraph (1) shall take effect on the date of the enactment of this Act. The amendment made by subparagraphs (B) and (C) of that paragraph shall take effect on the effective date provided for in section 1229(p)(2)(B) of the National Defense Authorization Act for Fiscal Year 2008, as redesignated by subsection (f)(1) and amended by subsection (k).
(m)
Conforming amendment to other law
Section 842(c) of the National Defense Authorization Act for Fiscal Year 2008 (Public Law 110–181; 122 Stat. 234; 10 U.S.C. 2302 note) is amended—
(1) by inserting (1) before The Special Inspector General for Iraq Reconstruction; and
(2) by adding at the end the following new paragraph:
(2) Upon the assumption by the lead Inspector General for Operation Freedom's Sentinel designated pursuant to section 8L(d) of the Inspector General Act of 1978 (5 U.S.C. app. 8L(d)) of duties, responsibilities, and authorities under section 1229 of this Act, as provided for in subsection (p)(2) of such section 1229, the requirement in paragraph (1) to perform audits as required by subsection (a) with respect to Afghanistan shall be discharged by such lead Inspector General.
.
XVI
Strategic programs, cyber, and intelligence matters
A
Space activities
1601.
Resilient and survivable positioning, navigation, and timing capabilities
(a)
In general
Not later than two years after the date of the enactment of this Act, consistent with the timescale applicable to joint urgent operational needs statements, the Secretary of Defense shall—
(1) prioritize and rank order the mission elements, platforms, and weapons systems most critical for the operational plans of the combatant commands;
(2) mature, test, and produce for such prioritized mission elements sufficient equipment—
(A) to generate resilient and survivable alternative positioning, navigation, and timing signals; and
(B) to process resilient survivable data provided by signals of opportunity and on-board sensor systems; and
(3) integrate and deploy such equipment into the prioritized operational systems, platforms, and weapons systems.
(b)
Plan
(1)
In general
Not later than 180 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees a plan to commence carrying out subsection (a) in fiscal year 2021.
(2)
Reprogramming and budget proposals
The plan submitted under paragraph (1) may include any reprogramming or supplemental budget request the Secretary considers necessary to carry out subsection (a).
(c)
Coordination
In carrying out this section, the Secretary shall consult with the National Security Council, the Secretary of Homeland Security, the Secretary of Transportation, and the head of any other relevant Federal department or agency to enable civilian and commercial adoption of technologies and capabilities for resilient and survivable alternative positioning, navigation, and timing capabilities to complement the global positioning system.
1602.
Distribution of launches for phase two of acquisition strategy for National Security Space Launch program
In carrying out phase two of the acquisition strategy for the National Security Space Launch program, the Secretary of the Air Force shall ensure—
(1) that launch services are procured only from launch service providers that use launch vehicles meeting Federal requirements with respect to required payloads to reference orbits; and
(2) the viability of the domestic space launch industrial base while providing for cost-effective and reliable launch services.
1603.
Development efforts for National Security Space Launch providers
(a)
In general
The Secretary of the Air Force shall establish a program to develop technologies and systems to enhance phase three National Security Space Launch requirements and enable further advances in launch capability associated with the insertion of national security payloads into relevant classes of orbits.
(b)
Duration
The duration of a project to develop technologies and systems selected under the program shall be not more than three years.
(c)
Program expense ceiling
The total amount expended under the program shall not exceed $250,000,000.
(d)
Sunset
The program established under this section shall terminate on October 1, 2027.
1604.
Timeline for nonrecurring design validation for responsive space launch
Not later than 540 days after the date on which the Secretary of the Air Force selects two National Security Space Launch providers in accordance with the phase two acquisition strategy for the National Security Space Launch program, the Secretary of Defense shall complete the nonrecurring design validation of previously flown launch hardware for National Security Space Launch providers that offer such hardware for use in the phase two acquisition strategy or other national security space missions.
1605.
Tactically responsive space launch operations
The Secretary of the Air Force shall implement a tactically responsive space launch program—
(1) to provide long-term continuity for tactically responsive space launch operations across the future-years defense program submitted to Congress under section 221 of title 10, United States Code;
(2) to accelerate the development of—
(A) responsive launch concepts of operations;
(B) tactics;
(C) training; and
(D) procedures;
(3) to develop appropriate processes for tactically responsive space launch, including—
(A) mission assurance processes; and
(B) command and control, tracking, telemetry, and communications; and
(4) to identify basing capabilities necessary to enable tactically responsive space launch, including mobile launch range infrastructure.
1606.
Conforming amendments relating to reestablishment of Space Command
(a)
Certifications regarding integrated tactical warning and attack assessment mission of the Air Force
Section 1666(a) of National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 113 Stat. 2617) is amended by striking Strategic Command and inserting Space Command.
(b)
Council on oversight of the Department of Defense positioning, navigation, and timing enterprise
Section 2279b of title 10, United States Code, is amended—
(1) in subsection (b)—
(A) by redesignating paragraphs (7), (8), (9), and (10) as paragraphs (8), (9), (10), and (11), respectively; and
(B) by inserting after paragraph (6) the following new paragraph (7):
(7) The Commander of the United States Space Command.
; and
(2) in subsection (f), by striking Strategic Command each place it appears and inserting Space Command.
(c)
Joint interagency combined space operations center
Section 605(e) of the Intelligence Authorization Act for Fiscal Year 2017 (Public Law 115–31; 131 Stat. 832) is amended—
(1) in the subsection heading, by striking Joint Interagency Combined Space Operations Center and inserting National Space Defense Center; and
(2) by striking Strategic Command each place it appears and inserting Space Command; and
(3) by striking Joint Interagency Combined Space Operations Center each place it appears and inserting National Space Defense Center.
(d)
National security space satellite reporting policy
Section 2278(a) of title 10, United States Code, is amended by striking Strategic Command and inserting Space Command.
(e)
Space-based infrared system and advanced extremely high frequency program
Section 1612(a)(1) of the National Defense Authorization Act for 2017 (Public Law 114–328; 130 Stat. 2590) is amended by striking Strategic Command and inserting Space Command.
1607.
Space Development Agency development requirements and transfer to Space Force
(a)
Development
The Director of the Space Development Agency shall lead—
(1) the development and demonstration of a resilient military space-based sensing, tracking, and data transport architecture that primarily uses a proliferated low-Earth orbit; and
(2) the integration of next-generation space capabilities, and sensor and tracking components (including a hypersonic and ballistic missile-tracking space sensor payload), into such architecture to address the requirements and needs of the Armed Forces and combatant commands for such capabilities.
(b)
Organization
On October 1, 2022, or earlier if directed by the Secretary of Defense, the Space Development Agency shall be transferred from the Office of the Secretary of Defense to the United States Space Force and shall maintain the same organizational reporting requirements and acquisition authorities as the Space Rapid Capability Office.
1608.
Space launch rate assessment
Not later than 90 days after the date of the enactment of this Act, and biennially thereafter for the following five-year period, the Secretary of the Air Force shall submit to the congressional defense committees an assessment that includes—
(1) the total number of space launches for all national security and Federal civil agency entities conducted in the United States during the preceding two-year period; and
(2) the number of space launches by the same sponsors projected to occur during the following three-year period, including—
(A) the number of launches, disaggregated by class of launch vehicle; and
(B) the number of payloads, disaggregated by orbital destination.
1609.
Report on impact of acquisition strategy for the National Security Space Launch Program on emerging foreign space launch providers
Not later than 90 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to Congress a report on the impact of the acquisition strategy for the National Security Space Launch program on the potential for foreign countries, including the People's Republic of China, to enter the global commercial space launch market.
B
Cyberspace-Related Matters
1611.
Modification of position of Principal Cyber Advisor
(a)
In general
Subsection (c) of section 932 of the National Defense Authorization Act for Fiscal Year 2014 (Public Law 113–66; 10 U.S.C. 2224 note) is amended to read as follows:
(c)
Principal Cyber Advisor
(1)
Designation
The Secretary shall designate a Principal Cyber Advisor from among those civilian officials of the Department of Defense who have been appointed to the positions in which they serve by the President, by and with the advice and consent of the Senate.
(2)
Responsibilities
The Principal Cyber Advisor shall be responsible for the following:
(A) Acting as the principal advisor to the Secretary on military cyber forces and activities.
(B) Overall integration of Cyber Operations Forces activities relating to cyberspace operations, including associated policy and operational considerations, resources, personnel, technology development and transition, and acquisition.
(C) Assessing and overseeing the implementation of the cyber strategy of the Department and execution of the cyber posture review of the Department on behalf of the Secretary.
(D) Coordinating activities pursuant to subparagraphs (A) and (B) of subsection (c)(3) with the Principal Information Operations Advisor, the Chief Information Officer of the Department, and other officials as determined by the Secretary of Defense, to ensure the integration of activities in support of cyber, information, and electromagnetic spectrum operations.
(E) Such other matters relating to the offensive military cyber forces of the Department as the Secretary shall specify for the purposes of this subsection.
(3)
Cross-functional team
Consistent with section 911 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 111 note), the Principal Cyber Advisor shall—
(A) integrate the cyber expertise and perspectives of appropriate organizations within the Office of the Secretary of Defense, Joint Staff, military departments, the Defense Agencies and Field Activities, and combatant commands, by establishing and maintaining a full-time cross-functional team of subject matter experts from those organizations; and
(B) select team members, and designate a team leader, from among those personnel nominated by the heads of such organizations.
.
(b)
Designation of Deputy Principal Cyber Advisor
Section 905(a)(1) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by striking Under Secretary of Defense for Policy and inserting Secretary of Defense.
1612.
Framework for cyber hunt forward operations
(a)
Framework required
Not later than February 1, 2021, the Secretary of Defense shall develop a standard, comprehensive framework to enhance the consistency, execution, and effectiveness of cyber hunt forward operations.
(b)
Elements
The framework developed pursuant to subsection (a) shall include the following:
(1) Identification of the selection criteria for proposed hunt forward operations, including specification of necessary thresholds for the justification of operations and thresholds for partner cooperation.
(2) The roles and responsibilities of the following organizations in the support of the planning and execution of hunt forward operations:
(A) United States Cyber Command.
(B) Service cyber components.
(C) The Office of the Under Secretary of Defense for Policy.
(D) Geographic combatant commands.
(E) Cyber Operations-Integrated Planning Elements and Joint Cyber Centers.
(F) Embassies and consulates of the United States.
(3) Pre-deployment planning guidelines to maximize the operational success of each unique operation, including guidance that takes into account the highly variable nature of the following aspects at the tactical level:
(A) Team composition, including necessary skillsets, recommended training, and guidelines on team size and structure.
(B) Relevant factors to determine mission duration in a country of interest.
(C) Agreements with partner countries required pre-deployment.
(D) Criteria for potential follow-on operations.
(E) Equipment and infrastructure required to support the missions.
(4) Metrics to measure the effectiveness of each operation, including means to evaluate the value of discovered malware and infrastructure, the effect on the adversary, and the potential for future engagements with the partner country.
(5) Roles and responsibilities for United States Cyber Command and the National Security Agency in the analysis of relevant mission data.
(6) Such other matters as the Secretary determines relevant.
(c)
Briefing
(1)
In general
Not later than March 1, 2021, the Secretary of Defense shall provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the framework developed pursuant to subsection (a).
(2)
Contents
The briefing required by paragraph (1) shall include the following:
(A) An overview of the framework developed in subsection (a).
(B) An explanation of the tradeoffs associated with the use of Department of Defense resources for hunt forward missions in the context of competing priorities.
(C) Such recommendations as the Secretary may have for legislative action to improve the effectiveness of hunt forward missions.
1613.
Modification of scope of notification requirements for sensitive military cyber operations
Subsection (c) of section 395 of title 10, United States Code, is amended to read as follows:
(c)
Sensitive Military Cyber Operation defined
(1) In this section, the term sensitive military cyber operation means an action described in paragraph (2) that—
(A) is carried out by the armed forces of the United States;
(B) is intended to achieve a cyber effect against a foreign terrorist organization or a country, including its armed forces and the proxy forces of that country located elsewhere —
(i) with which the armed forces of the United States are not involved in hostilities (as that term is used in section 4 of the War Powers Resolution (50 U.S.C. 1543)); or
(ii) with respect to which the involvement of the armed forces of the United States in hostilities has not been acknowledged publicly by the United States; and
(C)
(i) is determined to—
(I) have a medium or high collateral effects estimate;
(II) have a medium or high intelligence gain or loss;
(III) have a medium or high probability of political retaliation, as determined by the political military assessment contained within the associated concept of operations;
(IV) have a medium or high probability of detection when detection is not intended; or
(V) result in medium or high collateral effects; or
(ii) is a matter the Secretary determines to be appropriate.
(2) The actions described in this paragraph are the following:
(A) An offensive cyber operation.
(B) A defensive cyber operation.
.
1614.
Modification of requirements for quarterly Department of Defense cyber operations briefings for Congress
Section 484 of title 10, United States Code, is amended by striking subsections (a) and (b) and inserting the following new subsections:
(a)
Briefings required
The Under Secretary of Defense for Policy, the Commander of United States Cyber Command, and the Chairman of the Joint Chiefs of Staff, or designees from each of their offices, shall provide to the congressional defense committees quarterly briefings on all offensive and significant defensive military operations in cyberspace, including clandestine cyber activities, carried out by the Department of Defense during the immediately preceding quarter.
(b)
Elements
Each briefing under subsection (a) shall include, with respect to the military operations in cyberspace described in such subsection, the following:
(1) An update, set forth separately for each applicable geographic and functional command, that describes the operations carried out in the area of operations of that command or by that command.
(2) An update, set forth for each applicable geographic and functional command, that describes defensive cyber operations executed to protect or defend forces, networks, and equipment in the area of operations of that command.
(3) An update on relevant authorities and legal issues applicable to operations, including any presidential directives and delegations of authority received since the last quarterly update.
(4) An overview of critical operational challenges posed by major adversaries or encountered in operational activities conducted since the last quarterly update.
(5) An overview of the readiness of the Cyber Mission Forces to perform assigned missions that—
(A) addresses all of the abilities of such Forces to conduct cyberspace operations based on capability and capacity of personnel, equipment, training, and equipment condition—
(i) using both quantitative and qualitative metrics; and
(ii) in a way that is common to all military departments; and
(B) is consistent with readiness reporting pursuant to section 482 of this title.
(6) Any other matters that the briefers determine to be appropriate.
(c)
Documents
Each briefing under subsection (a) shall include a classified placemat, summarizing the elements specified in paragraphs (1), (2), (3), and (5) of subsection (b), and an unclassified memorandum, summarizing the briefing’s contents.
.
1615.
Rationalization and integration of parallel cybersecurity architectures and operations
(a)
Review required
The Commander of United States Cyber Command, with support from the Chief Information Officer of the Department of Defense, the Chief Data Officer of the Department, the Principal Cyber Advisor, the Vice Chairman of the Joint Chiefs of Staff, and the Director of Cost Analysis and Program Evaluation, shall conduct a review of the Cybersecurity Service Provider and Cyber Mission Force enterprises.
(b)
Assessment and identification of redundancies and gaps
The review required by subsection (a) shall assess and identify—
(1) the optimal way to integrate the Joint Cyber Warfighting Architecture and the Cybersecurity Service Provider architectures, associated tools and capabilities, and associated concepts of operations;
(2) redundancies and gaps in network sensor deployment and data collection and analysis for the—
(A) Big Data Platform;
(B) Joint Regional Security Stacks; and
(C) Security Information and Event Management capabilities;
(3) where integration, collaboration, and interoperability are not occurring that would improve outcomes;
(4) baseline training, capabilities, competencies, operational responsibilities, and joint concepts of operations for the Joint Force Headquarters for the Department of Defense Information Network, Cybersecurity Service Providers, and Cyber Protection Teams;
(5) the roles and responsibilities of the Principal Cyber Advisor, Chief Information Officer, and the Commander of United States Cyber Command in establishing and overseeing the baselines assessed and identified under paragraph (4);
(6) the optimal command structure for the military services’ and combatant commands’ cybersecurity service providers and cyber protection teams;
(7) the responsibilities of network owners and cybersecurity service providers in mapping, configuring, instrumenting, and deploying sensors on networks to best support response of cyber protection teams when assigned to defend unfamiliar networks; and
(8) operational concepts and engineering changes to enhance remote access and operations of cyber protection teams on networks through tools and capabilities of the Cybersecurity Service Providers.
(c)
Recommendations for fiscal year 2023 budget
The Chief Information Officer, the Chief Data Officer, the Commander of United States Cyber Command, and the Principal Cyber Advisor shall jointly develop recommendations for the Secretary of Defense in preparation of the budget justification materials to be submitted to Congress in support of the budget for the Department of Defense for fiscal year 2023 (as submitted with the budget of the President for such fiscal year under section 1105(a) of title 31, United States Code).
(d)
Progress briefing
Not later than March 31, 2021, the Chief Information Officer, the Chief Data Officer, the Commander of United States Cyber Command, and the Principal Cyber Advisor shall jointly provide a briefing to the congressional defense committees on the progress made in carrying out this section.
1616.
Modification of acquisition authority of Commander of United States Cyber Command
Section 807 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 10 U.S.C. 2224 note) is amended—
(1) by striking subsections (e) and (i); and
(2) by redesignating subsections (f) through (h) as subsections (e) through (g), respectively.
1617.
Assessment of cyber operational planning and deconfliction policies and processes
(a)
Assessment
Not later than November 1, 2021, the Principal Cyber Advisor of the Department of Defense and the Commander of United States Cyber Command shall jointly, in coordination with the Under Secretary of Defense for Policy, the Under Secretary of Defense for Intelligence and Security, and the Chairman of the Joint Chiefs of Staff, conduct and complete an assessment on the operational planning and deconfliction policies and processes that govern cyber operations of the Department of Defense.
(b)
Elements
The assessment required by subsection (a) shall include evaluations as to whether—
(1) the joint targeting cycle and relevant operational and targeting databases are suitable for the conduct of timely and well-coordinated cyber operations;
(2) each of the policies and processes in effect to facilitate technical, operational, and capability deconfliction are appropriate for the conduct of timely and effective cyber operations;
(3) intelligence gain-loss decisions made by Cyber Command are sufficiently well-informed and made in timely fashion;
(4) relevant intelligence data and products are consistently available and distributed to relevant planning and operational elements in Cyber Command;
(5) collection operations and priorities meet the operational requirements of Cyber Command; and
(6) authorities relevant to intelligence, surveillance, and reconnaissance and operational preparation of the environment are delegated to the appropriate level.
(c)
Briefing
Not later than February 1, 2022, the Principal Cyber Advisor and the Commander of United States Cyber Command shall provide to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives a briefing on the findings of the assessment completed under subsection (a), including discussion of planned policy and process changes, if any, relevant to cyber operations.
1618.
Pilot program on cybersecurity capability metrics
(a)
Pilot program required
The Secretary of Defense, acting through the Chief Information Officer of the Department of Defense and the Commander of United States Cyber Command, shall conduct a pilot program to assess the feasibility and advisability of developing and using speed-based metrics to measure the performance and effectiveness of security operations centers and cyber security service providers in the Department of Defense.
(b)
Requirements
(1)
Development of metrics
(A) Not later than July 1, 2021, the Chief Information Officer and the Commander shall jointly develop metrics described in subsection (a) to carry out the pilot program under such subsection.
(B) The Chief Information Officer and the Commander shall ensure that the metrics developed under subparagraph (A) are commensurate with the representative timelines of nation-state and non-nation-state actors when gaining access to, and compromising, Department networks.
(2)
Use of metrics
(A) Not later than December 1, 2021, the Secretary shall, in carrying out the pilot program required by subsection (a), begin using the metrics developed under paragraph (1) of this subsection to assess select security operations centers and cyber security service providers, which the Secretary shall select specifically for purposes of the pilot program, for a period of not less than four months.
(B) In carrying out the pilot program under subsection (a), the Secretary shall evaluate the effectiveness of operators, capabilities available to operators, and operators’ tactics, techniques, and procedures.
(c)
Authorities
In carrying out the pilot program under subsection (a), the Secretary may—
(1) assess select security operations centers and cyber security service providers—
(A) over the course of their mission performance; or
(B) in the testing and accreditation of cybersecurity products and services on test networks designated pursuant to section 1658 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92); and
(2) assess select elements’ use of security orchestration and response technologies, modern endpoint security technologies, Big Data Platform instantiations, and technologies relevant to zero trust architectures.
(d)
Briefing
(1)
In general
Not later than March 1, 2022, the Secretary shall brief the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the findings of the Secretary with respect to the pilot program required by subsection (a).
(2)
Elements
The briefing provided under paragraph (1) shall include the following:
(A) The pilot metrics developed under subsection (b)(1).
(B) The findings of the Secretary with respect to the assessments carried out under subsection (b)(2).
(C) An analysis of the utility of speed-based metrics in assessing security operations centers and cyber security service providers.
(D) An analysis of the utility of the extension of the pilot metrics to or speed-based assessment of the Cyber Mission Forces.
(E) An assessment of the technical and procedural measures that would be necessary to meet the speed-based metrics developed and applied in the pilot program.
1619.
Assessment of effect of inconsistent timing and use of Network Address Translation in Department of Defense networks
(a)
In general
Not later than March 1, 2021, the Chief Information Officer of the Department of Defense shall conduct comprehensive assessments as follows:
(1)
Timing variability in Department networks
The Chief Information Officer shall characterize—
(A) timing variability across Department information technology and operational technology networks, appliances, devices, applications, and sensors that generate time-stamped data and metadata used for cybersecurity purposes;
(B) how timing variability affects current, planned, and potential capabilities for detecting network intrusions that rely on correlating events and the sequence of events; and
(C) how to harmonize standard of timing across Department networks.
(2)
Use of Network Address Translation
The Chief Information Officer shall characterize—
(A) why and how the Department is using Network Address Translation (NAT) and multiple layers and nesting of Network Address Translation;
(B) how using Network Address Translation affects the ability to link malicious communications detected at various network tiers to specific endpoints or hosts to enable prompt additional investigations, quarantine decisions, and remediation activities; and
(C) what steps and associated cost and schedule are necessary to eliminate the use of Network Address Translation or to otherwise provide transparency to network defenders, including options to accelerate the transition from Internet Protocol version 4 to Internet Protocol version 6.
(b)
Recommendation
The Chief Information Officer and the Principal Cyber Advisor shall submit to the Secretary of Defense a recommendation to address the assessments conducted under subsection (a), including whether and how to revise the cyber strategy of the Department.
(c)
Briefing
Not later than April 1, 2021, the Chief Information Officer shall brief the congressional defense committees on the findings of the Chief Information Officer with respect to the assessments conducted under subsection (a) and the recommendation submitted under subsection (b).
1620.
Matters concerning the College of Information and Cyberspace at National Defense University
(a)
Prohibition
The Secretary of Defense may not eliminate, divest, downsize, or reorganize the College of Information and Cyberspace of the National Defense University, or seek to reduce the number of students educated at the College, 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 Principal Cyber Advisor, the Principal Information Operations Advisor of the Department of Defense, the Chief Information Officer of the Department, the Chief Financial Officer of the Department, the Chairman of the Joint Chiefs of Staff, and the Commander of United States Cyber Command, shall—
(1) assess requirements for joint professional military education and civilian leader education in the information environment and cyberspace domain to support the Department and other national security institutions of the Federal Government;
(2) determine whether the importance, challenges, and complexity of the modern information environment and cyberspace domain 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 Information and Cyberspace on January 1, 2019;
(3) review the plan proposed by the National Defense University for eliminating the College of Information and Cyberspace and reducing and restructuring the information and cyberspace faculty, course offerings, joint professional military education and degree and certificate programs, and other services provided by the College; and
(4) assess the changes made to the College of Information and Cyberspace since January 1, 2019, and the actions necessary to reverse those changes, including relocating the College and its associated budget, faculty, staff, students, and facilities outside of the National Defense University.
(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 information environment and cyberspace domain.
1621.
Modification of mission of cyber command and assignment of cyber operations forces
Section 167b of title 10, United States Code, is amended—
(1) in subsection (a)—
(A) in the first sentence, by inserting (1) before With the advice;
(B) in paragraph (1), as designated by subparagraph (A), by striking the second sentence; and
(C) by adding at the end the following new paragraph:
(2) The principal mission of the cyber command is to direct, synchronize, and coordinate cyber planning and operations to defend and advance national interests in collaboration with domestic and international partners.
; and
(2) by amending subsection (b) to read as follows:
(b)
Assignment of forces
(1) Active and reserve cyber forces of the armed forces shall be assigned to the cyber command through the Global Force Management Process, as approved by the Secretary of Defense.
(2) Cyber forces not assigned to cyber command remain assigned to combatant commands or service-retained.
.
1622.
Integration of Department of Defense user activity monitoring and cybersecurity
(a)
Integration of plans, capabilities, and systems
The Secretary of Defense shall integrate the plans, capabilities, and systems for user activity monitoring, and the plans, capabilities, and systems for endpoint cybersecurity and the collection of metadata on network activity for cybersecurity to enable mutual support and information sharing.
(b)
Requirements
In carrying out subsection (a), the Secretary shall—
(1) consider using the Big Data Platform instances that host cybersecurity metadata for storage and analysis of all user activity monitoring data collected across the Department of Defense Information Network at all security classification levels;
(2) develop policies and procedures governing access to user activity monitoring data or data derived from user activity monitoring by cybersecurity operators; and
(3) develop processes and capabilities for using metadata on host and network activity for user activity monitoring in support of the insider threat mission.
(c)
Congressional briefing
Not later than October 1, 2021, the Secretary shall provide a briefing to the congressional defense committees on actions taken to carry out this section.
1623.
Defense industrial base cybersecurity sensor architecture plan
(a)
Plan required
Not later than February 1, 2021, the Principal Cyber Advisor of the Department of Defense, in consultation with the Chief Information Officer of the Department, the Under Secretary of Defense for Acquisition and Sustainment, the Under Secretary of Defense for Intelligence and Security, and the Commander of United States Cyber Command, shall develop a comprehensive plan for the deployment of commercial-off-the-shelf solutions on supplier networks to monitor the public-facing Internet attack surface in the defense industrial base.
(b)
Contents
The plan required by subsection (a) shall include the following:
(1) Definition of an architecture, concept of operations, and governance structure that—
(A) will allow for the instrumentation and collection of cybersecurity data on the public-facing Internet attack surfaces of defense industrial base contractors in a manner that is compatible with the Department’s existing or future capabilities for analysis, and instrumentation and collection, as appropriate, of cybersecurity data within the Department of Defense Information Network;
(B) includes the expected scale, schedule, and guiding principles of deployment;
(C) is consistent with the defense industrial base cybersecurity policies and programs of the Under Secretary of Defense for Acquisition and Sustainment and the Chief Information Officer; and
(D) includes an acquisition strategy for sensor capabilities that optimizes required capability, scalability, cost, and intelligence and cybersecurity requirements.
(2) Roles and responsibilities of the persons referred to in subsection (a) in implementing and executing the plan.
(c)
Consultation
In developing the plan required by subsection (a), the Principal Cyber Advisor shall ensure that extensive consultation with representative companies of the defense industrial base occurs so as to ensure that prospective participants in the defense industrial base understand and agree that emerging solutions are acceptable, practical, and effective.
(d)
Briefing
Not later than March 1, 2021, the Principal Cyber Advisor shall provide a briefing to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on the plan developed pursuant to subsection (a).
1624.
Extension of Cyberspace Solarium Commission to track and assess implementation
Section 1652 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232), as amended by section 1639 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is further amended—
(1) in subsection (b)(1)(B)—
(A) in clause (i), by striking under clauses (iv) through (vii) of subparagraph (A) and inserting under clauses (v) through (viii) of subparagraph (A); and
(B) by adding at the end the following new clause:
(iv) Effective on the date of the enactment of the National Defense Authorization Act for Fiscal Year 2021, the composition of the Commission shall not include clauses (i) through (iv) of subparagraph (A).
;
(2) in subsection (d)(2), by striking Seven members shall and inserting Seven members, during the period beginning on the date of the establishment of the Commission and ending on the day before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2021, and six members, during the period beginning on the date of the enactment of such Act and ending on the date of the termination of the Commission, shall;
(3) in subsection (i)(1)(B)—
(A) by striking Members of the Commission who inserting (i) During the period beginning on the date of the establishment of the Commission and ending on the day before the date of the enactment of the National Defense Authorization Act for Fiscal Year 2021, members of the Commission who; and
(B) by adding at the end the following new clause:
(ii) During the period beginning on the date of the enactment of such Act and ending on the date of the termination of the Commission, members of the Commission who are Members of Congress shall receive no additional pay by reason of their service on the Commission.
; and
(4) in subsection (k)(2)—
(A) in subparagraph (A), by striking 120 day period and inserting 16 month period with no further extensions permitted;
(B) by amending subparagraph (B) to read as follows:
(B) The Commission may use the 16 month period referred to in subparagraph (A) for the purposes of—
(i) collecting and assessing comments and feedback from the Federal departments and agencies, as well as published reviews, on the analysis and recommendations contained in the final report under paragraph (1);
(ii) collecting and assessing any developments in cybersecurity that may affect the recommendations in such report;
(iii) reviewing the implementation of the recommendations contained in such report; and
(iv) revising or amending recommendations based on the assessments and reviews conducted under clauses (i) through (iii);
(C) During the 16 month period referred to in subparagraph (A), the Commission shall—
(i) provide, in such manner and format as the Commission considers appropriate, an annual update on such report and any revisions or amendments reached by the Commission under subparagraph (B)(iv) to—
(I) the Committee on Armed Services, the Select Committee on Intelligence, and the Committee on Homeland Security and Governmental Affairs of the Senate;
(II) the Committee on Armed Services, the Permanent Select Committee on Intelligence, and the Committee on Homeland Security of the House of Representatives;
(III) the Director of National Intelligence;
(IV) the Secretary of Defense; and
(V) the Secretary of Homeland Security; and
(ii) conclude its activities, including providing testimony to Congress concerning the final report under paragraph (1) and disseminating such report.
; and
(C) by adding at the end the following new subparagraph:
(D) In the event that the Commission is extended, and the effective date of the extension comes after the time set for the Commission’s termination, the Commission shall be deemed reconstituted with the same members and powers that existed at the time of termination of the Commission, except that—
(i) a member of the Commission shall only serve if the member’s position continues to be authorized under subsection (b);
(ii) no compensation or entitlements relating to a person’s status with the Commission shall be due for the period between the termination and reconstitution of the Commission;
(iii) nothing in this paragraph shall be deemed as requiring the extension or reemployment of any staff member or contractor working for the Commission;
(iv) the staff of the commission—
(I) shall be selected by the co-chairs of the Commission in accordance with subsection (h)(1);
(II) shall be comprised of not more than four individuals, including a staff director;
(III) shall be resourced in accordance with subsection (g)(4)(A); and
(IV) with the approval of the co-chairs, may be provided by contract with a nongovernmental organization;
(v) any unexpended funds made available for the use of the Commission shall continue to be available for use for the life of the Commission, as well as any additional funds appropriated to the Department of Defense that are made available to the Commission, provided that the total such funds does not exceed $1,000,000 from the reconstitution of the Commission to the completion of the Commission; and
(vi) the requirement for an annual assessment of the final report in subsection (l) shall be in effect until the termination of the Commission.
.
1625.
Review of regulations and promulgation of guidance relating to National Guard responses to cyber attacks
(a)
In general
Not later than December 31, 2021, the Secretary of Defense, in coordination with the Secretary of Homeland Security, shall—
(1) review and, if the Secretary determines necessary, update regulations promulgated under section 903 of title 32, United States Code, to clarify when and under what conditions the participation of the National Guard in a response to a cyber attack qualifies as a homeland defense activity that would be compensated for by the Secretary of Defense under section 902 of such title; and
(2) promulgate guidance on how units of the National Guard shall collaborate with the Cybersecurity and Infrastructure Security Agency and the Federal Bureau of Investigation through multi-agency task forces, information-sharing groups, incident response planning and exercises, State fusion centers, and other relevant forums and activities.
(b)
Annex of National Cyber Incident Response Plan
Not later than December 31, 2021, the Secretary of Homeland Security, in coordination with the Secretary of Defense, shall develop an annex to the National Cyber Incident Response Plan that details those regulations and guidance reviewed, updated, and promulgated under paragraphs (1) and (2) of subsection (a).
1626.
Improvements relating to the quadrennial cyber posture review
Section 1644(c) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91), as amended by section 1635 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is further amended—
(1) by amending paragraph (1) to read as follows:
(1) The assessment and definition of the role of cyber forces in the national defense and military strategies of the United States.
;
(2) by amending paragraph (2) to read as follows:
(2) Review of the following:
(A) The role of cyber operations in combatant commander warfighting plans.
(B) The ability of combatant commanders to respond to adversary cyber attacks.
(C) The cyber capacity-building programs of the Department.
;
(3) by amending paragraph (3) to read as follows:
(3) A review of the law, policies, and authorities relating to, and necessary for, the United States to maintain a safe, reliable, and credible cyber posture for defending against and responding to cyber attacks and for deterrence in cyberspace, including the following:
(A) An assessment of the need for further delegation of cyber-related authorities, including those germane to information warfare, to the Commander of United States Cyber Command.
(B) An evaluation of the adequacy of mission authorities for all cyber-related military components, defense agencies, directorates, centers, and commands.
;
(4) in paragraph (4), by striking A declaratory and inserting A review of the need for or for updates to a declaratory;
(5) in paragraph (5), by striking Proposed and inserting A review of;
(6) by amending paragraph (6) to read as follows:
(6) A review of a strategy to deter, degrade, or defeat malicious cyber activity targeting the United States (which may include activities, capability development, and operations other than cyber activities, cyber capability development, and cyber operations), including—
(A) a review and assessment of various approaches to competition and deterrence in cyberspace, determined in consultation with experts from Government, academia, and industry;
(B) a comparison of the strengths and weaknesses of the approaches identified pursuant to subparagraph (A) relative to the threat of each other; and
(C) an assessment as to how the cyber strategy will inform country-specific campaign plans focused on key leadership of Russia, China, Iran, North Korea, and any other country the Secretary considers appropriate.
;
(7) by striking paragraph (8) and inserting the following new paragraph (8):
(8) A comprehensive force structure assessment of the Cyber Operations Forces of the Department for the posture review period, including the following:
(A) A determination of the appropriate size and composition of the Cyber Mission Forces to accomplish the mission requirements of the Department.
(B) An assessment of the Cyber Mission Forces’ personnel, capabilities, equipment, funding, operational concepts, and ability to execute cyber operations in a timely fashion.
(C) An assessment of the personnel, capabilities, equipment, funding, and operational concepts of Cybersecurity Service Providers and other elements of the Cyber Operations Forces.
;
(8) by redesignating paragraphs (9) through (11) as subsections (12) through (15), respectively; and
(9) by inserting after paragraph (8), the following new paragraphs:
(9) An assessment of whether the Cyber Mission Force has the appropriate level of interoperability, integration, and interdependence with special operations and conventional forces.
(10) An evaluation of the adequacy of mission authorities for the Joint Force Provider and Joint Force Trainer responsibilities of United States Cyber Command, including the adequacy of the units designated as Cyber Operations Forces to support such responsibilities.
(11) An assessment of the missions and resourcing of the combat support agencies in support of cyber missions of the Department.
.
1627.
Report on enabling United States Cyber Command resource allocation
(a)
In general
Not later than January 15, 2021, the Secretary of Defense shall submit to the congressional defense committees a report detailing the actions the Secretary will undertake to implement clauses (ii) and (iii) of section 167b(d)(2) of title 10, United States Code, including actions to ensure that the Commander of United States Cyber Command has enhanced authority, direction, and control of the Cyber Operations Forces and the equipment budget that enables Cyber Operations Forces' operations and readiness, beginning with the budget to be submitted to Congress by the President under section 1105(a) of title 31, United States Code, for fiscal year 2024, and the budget justification materials for the Department of Defense to be submitted to Congress in support of such budget.
(b)
Elements
The report required by subsection (a) shall address the following items:
(1) The procedures by which the Principal Cyber Advisor (PCA) will exercise authority, direction, and oversight over the Commander of United States Cyber Command, with respect to Cyber Operations Forces-peculiar equipment and resources.
(2) The procedures by which the Commander of United States Cyber Command will—
(A) prepare and submit to the Secretary program recommendations and budget proposals for Cyber Operations Forces and for other forces assigned to the Cyber Command; and
(B) exercise authority, direction, and control over the expenditure of funds for—
(i) forces assigned to United States Cyber Command; and
(ii) Cyber Operations Forces assigned to other unified combatant commands.
(3) Recommendations for actions to enable the Commander of United States Cyber Command to execute the budget and acquisition responsibilities of the Commander in excess of currently imposed limits on the Cyber Operations Procurement Fund, including potential increases in personnel to support the Commander.
(4) The procedures by which the Secretary will categorize and track funding obligated or expended for Cyber Operations Forces-peculiar equipment and capabilities.
(5) The methodology and criteria by which the Secretary will characterize equipment as being Cyber Operations Forces-peculiar.
1628.
Evaluation of options for establishing a cyber reserve force
(a)
Evaluation required
Not later than December 31, 2021, the Secretary of Defense shall conduct an evaluation of options for establishing a cyber reserve force.
(b)
Elements
The evaluation conducted under subsection (a) shall include assessment of the following:
(1) The capabilities and deficiencies in military and civilian personnel with needed cybersecurity expertise, and the quantity of personnel with such expertise, within the Department.
(2) The potential for a uniformed, civilian, or mixed cyber reserve force to remedy shortfalls in expertise and capacity.
(3) The ability of the Department to attract the personnel with the desired expertise to either a uniformed or civilian cyber reserve force.
(4) The number of personnel, the level of funding, and the composition of a cyber reserve force that would be required to meet the needs of the Department.
(5) Alternative models for establishing a cyber reserve force, including the following:
(A) A traditional uniformed military reserve component.
(B) A nontraditional uniformed military reserve component, with respect to drilling and other requirements such as grooming and physical fitness.
(C) Nontraditional civilian cyber reserve options.
(6) The impact a uniformed military cyber reserve would have on active duty and existing reserve forces, including the following:
(A) Recruiting.
(B) Promotion.
(C) Retention.
(7) The effect a civilian cyber reserve would have on active duty and existing reserve forces, and the private sector.
(c)
Report
Not later than February 1, 2022, the Secretary shall submit to the congressional defense committees a report on the evaluation conducted under subsection (a).
1629.
Ensuring cyber resiliency of nuclear command and control system
(a)
Plan for implementation of findings and recommendations from first annual assessment of cyber resiliency of nuclear command and control system
Not later than October 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a comprehensive plan, including a schedule and resourcing plan, for the implementation of the findings and recommendations included in the first report submitted under section 499(c)(3) of title 10, United States Code.
(b)
Concept of operations and oversight mechanism for cyber defense of nuclear command and control system
Not later than October 1, 2021, the Secretary shall develop and establish—
(1) a concept of operations for defending the nuclear command and control system against cyber attacks, including specification of the—
(A) roles and responsibilities of relevant entities within the Office of the Secretary, the military services, combatant commands, the Defense Agencies, and the Department of Defense Field Activities; and
(B) cybersecurity capabilities to be acquired and employed and operational tactics, techniques, and procedures, including cyber protection team and sensor deployment strategies, to be used to monitor, defend, and mitigate vulnerabilities in nuclear command and control systems; and
(2) an oversight mechanism or governance model for overseeing the implementation of the concept of operations developed and established under paragraph (1), related development, systems engineering, and acquisition activities and programs, and the plan required by subsection (a), including specification of the—
(A) roles and responsibilities of relevant entities within the Office of the Secretary, the military services, combatant commands, the Defense Agencies, and the Department of Defense Field Activities in overseeing the defense of the nuclear command and control system against cyber attacks;
(B) responsibilities and authorities of the Strategic Cybersecurity Program in overseeing and, as appropriate, executing—
(i) vulnerability assessments; and
(ii) development, systems engineering, and acquisition activities; and
(C) processes for coordination of activities, policies, and programs relating to the cybersecurity and defense of the nuclear command and control system.
1630.
Modification of requirements relating to the Strategic Cybersecurity Program and the evaluation of cyber vulnerabilities of major weapon systems of the Department of Defense
(a)
Evaluation of cyber vulnerabilities of major weapon systems of the Department of Defense
(1)
In general
Section 1647 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92), as amended by section 1633 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is further amended by adding at the end the following new subsection:
(i)
Establishing requirements for periodicity of vulnerability reviews
The Secretary of Defense shall establish policies and requirements for each major weapon system, and the priority critical infrastructure essential to the proper functioning of major weapon systems in broader mission areas, to be re-assessed for cyber vulnerabilities, taking into account upgrades or other modifications to systems and changes in the threat.
(j)
Identification of senior official
Each secretary of a military department shall identify a senior official who shall be responsible for ensuring that cyber vulnerability assessments and mitigations for weapon systems and critical infrastructure are planned, funded, and carried out.
.
(2)
Technical correction
Such section 1647 of the National Defense Authorization Act for Fiscal Year 2016 is further amended—
(A) by redesignating subsection (g) as subsection (h); and
(B) by redesignating the second subsection (f), as added by section 1633 of the National Defense Authorization Act for Fiscal Year 2020, as subsection (g).
(b)
Strategic Cybersecurity Program
Section 1640 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2224 note), is amended by striking subsections (a) through (e) and inserting the following new subsections:
(a)
In general
Not later than August 1, 2021, the Secretary of Defense shall, acting through the Director of the National Security Agency and in coordination with the Vice Chairman of the Joint Chiefs of Staff, establish a program to be known as the Strategic Cybersecurity Program (in this section referred to as the Program).
(b)
Elements
(1)
In general
The Program shall be comprised of personnel assigned to the Program by the Secretary from among personnel, including regular and reserve members of the Armed Forces, civilian employees of the Department of Defense (including the Defense intelligence agencies), and personnel of the research laboratories of the Department of Defense and the Department of Energy, who have particular expertise in the areas of responsibility described in subsection (c).
(2)
Department of Energy personnel
Any personnel assigned to the Program from among personnel of the Department of Energy shall be so assigned with the concurrence of the Secretary of Energy.
(3)
Program manager
The Secretary of Defense shall designate a manager for the Program (in this section referred to as the Program manager).
(c)
Responsibilities
(1)
In general
The Program manager and the personnel assigned to the Program shall improve the end-to-end cybersecurity of all of the systems, critical infrastructure, kill chains, and processes that make up the following military missions of the Department of Defense:
(A) Nuclear deterrence and strike.
(B) Select long-range conventional strike missions germane to the warfighting plans of United States European Command and United States Indo-Pacific Command.
(C) Offensive cyber operations.
(D) Homeland missile defense.
(2)
Assessing and remediating vulnerabilities in mission execution
In carrying out the activities described in paragraph (1), the Program manager shall conduct end-to-end vulnerability assessments and undertake or oversee remediation of identified vulnerabilities in the systems and processes on which the successful execution of the missions delineated in paragraph (1) depend.
(3)
Acquisition and systems engineering review
In carrying out paragraph (1), the Program manager shall conduct appropriate reviews of acquisition and systems engineering plans for proposed systems and infrastructure. The review of an acquisition plan for any proposed system or infrastructure shall be carried out before Milestone B approval for such system or infrastructure.
(d)
Integration with other efforts
The Secretary shall ensure that the Program builds upon, and does not duplicate, other efforts of the Department of Defense relating to cybersecurity, including the following:
(1) The evaluation of cyber vulnerabilities of major weapon systems of the Department of Defense required under section 1647 of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92).
(2) The evaluation of cyber vulnerabilities of Department of Defense critical infrastructure required under section 1650 of the National Defense Authorization Act for Fiscal year 2017 (Public Law 114–328; 10 U.S.C. 2224 note).
(3) The activities of the cyber protection teams of the Department of Defense.
(e)
Mission definition
The Vice Chairman of the Joint Chiefs of Staff shall coordinate with the Director of the National Security Agency and the commanders of the unified combatant commands to define the elements of the missions that will be included in the Program, and shall be responsible for updating those definitions as necessary.
(f)
Briefing
Not later than December 1, 2021, the Secretary of Defense shall provide a briefing to the congressional defense committees on the establishment of the Program, and the plans, funding, and staffing of the Program.
.
1631.
Defense industrial base participation in a cybersecurity threat intelligence sharing program
(a)
Defense industrial base threat intelligence program
(1)
In general
The Secretary of Defense shall establish a threat intelligence sharing program to share threat intelligence with, and obtain threat intelligence from, the defense industrial base.
(2)
Program requirements
At a minimum, the Secretary shall ensure that the program established pursuant to paragraph (1) includes the following:
(A) Cybersecurity incident reporting requirements applicable to the defense industrial base that—
(i) extend beyond mandatory incident reporting requirements in effect on the day before the date of the enactment of this Act;
(ii) set specific timeframes for all categories of incident reporting;
(iii) establishes a single clearinghouse for all mandatory incident reporting to the Department of Defense, including incidents involving covered unclassified information, and classified information; and
(iv) provide that, unless authorized or required by another provision of law or the element of the defense industrial base making the report consents, nonpublic information of which the Department becomes aware only because of a report provided pursuant to the program shall be disseminated and used only for a cybersecurity purpose, as defined in section 102 of the Cybersecurity Information Sharing Act of 2015 (6 U.S.C. 1501).
(B) A mechanism for developing a shared and real-time picture of the threat environment.
(C) Joint, collaborative, and co-located analytics.
(D) Investments in technology and capabilities to support automated detection and analysis across the defense industrial base.
(E) Coordinated intelligence tipping, sharing, and deconfliction, as necessary, with relevant government agencies with similar intelligence sharing programs.
(b)
Threat intelligence program participation
(1)
Procurement
The Secretary either may require or shall encourage and provide incentive for companies to participate in the threat intelligence sharing program required by subsection (a).
(2)
Implementation
In implementing paragraph (1), the Secretary shall—
(A) create tiers of requirements for participation within the program based on—
(i) the role of and relative threats related to entities within the defense industrial base; and
(ii) Cybersecurity Maturity Model Certification level; and
(B) prioritize available funding and technical support to assist affected businesses, institutions, and organizations as is reasonably necessary for those affected entities to commence participation in the threat intelligence sharing program and to meet any applicable program requirements.
(c)
Existing information sharing programs
The Secretary may utilize an existing Department information sharing program to satisfy the requirement in subsection (a) if—
(1) the existing program includes, or is modified to include, two-way sharing of threat information that is specifically relevant to the defense industrial base; and
(2) such a program is coordinated with other government agencies with existing intelligence sharing programs where overlap occurs.
(d)
Regulations
(1)
Rulemaking authority
Not later than December 15, 2021, the Secretary shall promulgate such rules and regulations as are necessary to carry out this section.
(2)
Cybersecurity Maturity Model Certification program harmonization
The Secretary shall ensure that any intelligence sharing requirements set forth in the rules and regulations promulgated pursuant to paragraph (1) consider an entity’s maturity and role within the defense industrial base, consistent with the maturity certification levels established in the Cybersecurity Maturity Model Certification program of the Department.
(e)
Community consent
(1)
In general
As part of the program established pursuant to subsection (a), the Secretary either may require through contractual mechanisms or shall encourage entities in the defense industrial base to consent to queries of foreign intelligence collection databases related to the entities, provided that intelligence information provided to companies is handled in a manner that protects sources and methods.
(2)
Rule of construction
Nothing in this subsection shall be construed to require that the elements of the intelligence community conduct queries on defense industrial base companies to detect cybersecurity threats to such companies or to require that information resulting from such queries be provided to such companies.
(f)
Report required
Not later than March 1, 2022, the Secretary shall submit to the congressional defense committees a report that includes a description of—
(1) mandatory requirements levied on defense industrial base entities regarding cyber incidents;
(2) Department procedures for ensuring the confidentiality and security of data provided by such entities to the Department on either a voluntary or mandatory basis; and
(3) any other matters regarding the program established under subsection (a) the Secretary considers significant.
(g)
Definitions
In this section:
(1) The term defense industrial base means the Department of Defense, Federal Government, and private sector worldwide industrial complex with capabilities to perform research and development, design, produce, and maintain military weapon systems, subsystems, components, or parts to satisfy military requirements.
(2) 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).
(3) The term threat intelligence means cybersecurity information collected and shared amongst the defense industrial base.
1632.
Assessment on defense industrial base cybersecurity threat hunting
(a)
Assessment required
Not later than December 1, 2021, the Secretary of Defense shall complete an assessment of—
(1) the adequacy of the threat hunting elements of the compliance-based Cybersecurity Maturity Model Certification program of the Department of Defense; and
(2) the need for continuous threat hunting operations on defense industrial base networks conducted by the Department of Defense, prime contractors, or third-party cybersecurity vendors.
(b)
Elements
The assessment completed under section (a) shall include evaluation of the following:
(1) The adequacy of the requirements at each level of the Cybersecurity Maturity Model Certification, including requirements germane to continuous monitoring, discovery, and investigation of anomalous activity indicative of a cybersecurity incident.
(2) The need for the establishment of a continuous threat-hunting operational model, as a supplement to the cyber hygiene requirements of the Cybersecurity Maturity Model Certification, in which network activity is comprehensively and continuously monitored for signs of compromise.
(3) Whether the continuous threat-hunting operations described in paragraph (2) should be conducted by—
(A) United States Cyber Command;
(B) a component of the Department of Defense other than United States Cyber Command;
(C) qualified prime contractors or subcontractors;
(D) accredited third-party cybersecurity vendors; or
(E) a combination of the entities specified in subparagraphs (A) through (D).
(4) Criteria for the prime contractors and subcontractors that should be subject to continuous threat-hunting operations as described in paragraph (2).
(c)
Briefing
Not later than February 1, 2022, the Secretary of Defense shall provide a briefing to the Committee on Armed Services of the Senate and the Committee on Armed Services of the House of Representatives on—
(1) the findings of the Secretary with respect to the assessment completed under subsection (a); and
(2) such implementation plans as the Secretary may have arising out of the findings described in paragraph (1).
1633.
Assessing risk to national security of quantum computing
(a)
Comprehensive assessment and recommendations required
Not later than December 31, 2022, the Secretary of Defense shall—
(1) complete a comprehensive assessment of the current and potential threats and risks posed by quantum computing technologies to critical national security systems, including—
(A) identification and prioritization of critical national security systems at risk;
(B) assessment of the standards of the National Institute of Standards and Technology for quantum resistant cryptography and their applicability to cryptographic requirements of the Department of Defense;
(C) feasibility of alternative quantum resistant algorithms and features; and
(D) funding shortfalls in public and private developmental efforts relating to quantum resistant cryptography; and
(2) develop recommendations for research, development, and acquisition activities, including resourcing schedules, for securing the national security systems identified in paragraph (1)(A) against quantum computing code-breaking capabilities.
(b)
Briefing
Not later than February 1, 2023, the Secretary shall brief the congressional defense committees on the assessment completed under paragraph (1) of subsection (a) and the recommendations developed under paragraph (2) of such subsection.
1634.
Applicability of reorientation of Big Data Platform program to Department of Navy
(a)
In general
Section 1651 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by adding at the end the following new subsection:
(e)
Applicability
The requirements of this section shall apply in full to the Department of the Navy, including the Sharkcage and associated programs.
.
(b)
Briefing
Not later than January 1, 2021, the Secretary of the Navy, the program manager of the Unified Platform program, the Chief Information Officer, and the Principal Cyber Advisor shall jointly brief the congressional defense committees on the compliance of the Department of the Navy with the requirements of such section, as amended by paragraph (1).
1635.
Expansion of authority for access and information relating to cyber attacks on operationally critical contractors of the Armed Forces
Section 391(c) of title 10, United States Code, is amended—
(1) by amending paragraph (3) to read as follows:
(3)
Armed forces assistance and access to equipment and information by members of the armed forces
The procedures established pursuant to subsection (a) shall—
(A) include mechanisms for a member of the armed forces—
(i) if requested by an operationally critical contractor, to assist the contractor in detecting and mitigating penetrations; or
(ii) at the request of the Secretary of Defense or the Commandant of the Coast Guard, to obtain access to equipment or information of an operationally critical contractor necessary to conduct a forensic analysis, in addition to any analysis conducted by the contractor; and
(B) provide that an operationally critical contractor is only required to provide access to equipment or information as described in subparagraph (A) to determine whether—
(i) information created by or for the armed forces in connection with any program of the armed forces was successfully exfiltrated from or compromised on a network or information system of such contractor and, if so, what information was exfiltrated or compromised; or
(ii) the ability of the contractor to provide operationally critical support has been affected and, if so, how and to what extent it has been affected.
;
(2) in paragraph (4), by inserting , so as to minimize delays in or any curtailing of the cyber response or defensive actions of the Department or the Coast Guard after specific person; and
(3) in paragraph (5)(C), by inserting or counterintelligence activities after investigations.
1636.
Requirements for review of and limitations on the Joint Regional Security Stacks activity
(a)
Baseline review
Not later than October 1, 2021, the Secretary of Defense shall undertake a baseline review of the Joint Regional Security Stacks (JRSS) to determine whether the activity—
(1) should proceed as a program of record, with modifications as specified in section (b), for exclusively the Non-Classified Internet Protocol Network (NIPRNET) or for such network and the Secret Internet Protocol Network (SIPRNET); or
(2) should be phased out across the Department of Defense with each of the Joint Regional Security Stacks replaced through the institution of cost-effective and capable networking and cybersecurity technologies, architectures, and operational concepts within five years of the date of the enactment of this Act.
(b)
Plan to transition to program of record
If the Secretary determines under subsection (a) that the Joint Regional Security Stacks activity should proceed, not later than October 1, 2021, the Secretary shall develop a plan to transition such activity to a program of record, governed by standard Department of Defense acquisition program requirements and practices, including the following:
(1) Baseline operational requirements documentation.
(2) An acquisition strategy and baseline.
(3) A program office and responsible program manager, under the oversight of the Under Secretary of Defense for Acquisition and Sustainment and the Chief Information Officer of the Department of Defense, responsible for pertinent doctrine, organization, training, materiel, leadership and education, personnel, facilities and policy matters, and the development of effective tactics, techniques, and procedures;
(4) manning and training requirements documentation; and
(5) operational test planning.
(c)
Limitations
(1)
Limitation on use of funds
None of the funds authorized to be appropriated by this Act may be used to field Joint Regional Security Stacks on the Secret Internet Protocol Network in fiscal year 2021.
(2)
Limitation on operational deployment
The Secretary may not conduct an operational deployment of Joint Regional Security Stacks to the Secret Internet Protocol Network in fiscal year 2021.
(d)
Submittal to Congress
Not later than December 1, 2021, the Secretary shall submit to the congressional defense committees—
(1) the findings of the Secretary with respect to the baseline review conducted under subsection (a);
(2) the plan developed under subsection (b), if any; and
(3) a proposal for the replacement of Joint Regional Security Stacks, if the Secretary determines under subsection (a) that it should be replaced.
1637.
Independent assessment of establishment of a National Cyber Director
(a)
Assessment
Not later than December 1, 2020, the Secretary of Defense, in coordination with the Secretary of Homeland Security, shall seek to enter into an agreement with an independent organization with relevant expertise in cyber policy and governmental organization to conduct and complete an assessment of the feasibility and advisability of establishing a National Cyber Director.
(b)
Elements
The assessment required under subsection (a) shall include a review of and development of recommendations germane to the following, including the development of proposed legislative text for the establishment of a National Cyber Director:
(1) The authorities necessary to bring capabilities and capacities together across the interagency, all levels of government, and the private sector.
(2) A definition of the roles of the National Cyber Director in planning, preparing, and directing integrated cyber operations in response to a major cyber attack on the United States, including intelligence operations, law enforcement actions, cyber effects operations, defensive operations, and incident response operations.
(3) The authorities necessary to align resources to cyber priorities.
(4) The structure of the office of the National Cyber Director and position within government.
(c)
Report
(1)
In general
Not later than March 1, 2021, the Secretary of Defense shall submit to the appropriate committees of Congress a report on—
(A) the findings of the independent organization with respect to the assessment carried out under subsection (a); and
(B) the recommendations developed as part of such assessment under subsection (b).
(2)
Form
The report submitted under paragraph (1) shall be submitted in a publicly releasable and unclassified format, but may include a classified annex.
(d)
Appropriate committees of Congress defined
In this section, the term appropriate committees of Congress means—
(1) the Committee on Armed Services and the Committee on Homeland Security and Governmental Affairs of the Senate; and
(2) the Committee on Armed Services and the Committee on Homeland Security of the House of Representatives.
1638.
Modification of authority to use operation and maintenance funds for cyber operations-peculiar capability development projects
(a)
In general
Section 1640 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended—
(1) by redsignating subsections (b) and (c) as subsections (c) and (d), respectively;
(2) in subsection (a)—
(A) by striking The Secretary of Defense and inserting Subject to subsection (b), the Commander of the United States Cyber Command;
(B) by striking per service and inserting per use; and
(C) by striking through 2022 and inserting through 2025; and
(3) by inserting after subsection (a) the following:
(b)
Limitation
(1) Each fiscal year, the Secretaries of the military departments concerned may each obligate and expend under subsection (a) not more than $20,000,000.
(2) Each fiscal year, the Commander of the United States Cyber Command may obligate and expend under subsection (a) not more than $6,000,000.
.
(b)
Conforming amendment
Subsection (c) of such section is amended by striking through 2022 and inserting through 2025.
1639.
Personnel management authority for Commander of United States Cyber Command and development program for offensive cyber operations
(a)
Personnel management authority for Commander of United States Cyber Command to attract experts in science and engineering
Section 1599h of title 10, United States Code, as amended by section 212 of National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92)), is further amended—
(1) in subsection (a), by adding at the end the following:
(7)
United States Cyber Command
The Commander of United States Cyber Command may carry out a program of personnel management authority provided in subsection (b) in order to facilitate the recruitment of eminent experts in computer science, data science, engineering, mathematics, and computer network exploitation within the headquarters of United States Cyber Command and the Cyber National Mission Force.
; and
(2) in subsection (b)(1)—
(A) in subparagraph (E), by striking ; and and inserting a semicolon;
(B) in subparagraph (F), by striking the semicolon and inserting ; and; and
(C) by adding at the end the following new subparagraph:
(G) in the case of United States Cyber Command, appoint computer scientists, data scientists, engineers, mathematicians, and computer network exploitation specialists to a total of not more than 10 scientific and engineering positions in the Command;
.
(b)
Program to develop accesses, discover vulnerabilities, and engineer cyber tools and develop tactics, techniques, and procedures for offensive cyber operations
(1)
In general
Pursuant to the authority provided under section 1599h(a)(7) of such title, as added by subsection (a), the Commander of United States Cyber Command shall establish a program or augment an existing program within the Command to develop accesses, discover vulnerabilities, and engineer cyber tools and develop tactics, techniques, and procedures for the use of these assets and capabilities in offensive cyber operations.
(2)
Elements
The program or augmented program required by paragraph (1) shall—
(A) develop accesses, tools, vulnerabilities, and tactics, techniques, and procedures fit for Department of Defense military operations in cyberspace, such as reliability, meeting short development and operational timelines, low cost, and expendability;
(B) aim to decrease the reliance of Cyber Command on accesses, tools, and expertise provided by the intelligence community;
(C) be designed to provide technical and operational expertise on par with that of programs of the intelligence community;
(D) enable the Commander to attract and retain expertise resident in the private sector and other technologically elite government organizations; and
(E) coordinate development activities with, and, as appropriate, facilitate transition of capabilities from, the Defense Advanced Research Projects Agency, the Strategic Capabilities Office, and components within the intelligence community.
(3)
Intelligence community defined
In this subsection, the term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
1640.
Implementation of information operations matters
Of the amounts authorized to be appropriated for fiscal year 2021 by section 301 for operation and maintenance and available for the Office of the Secretary of Defense for the travel of persons as specified in the table in section 4301—
(1) not more than 25 percent shall be available until the date on which the report required by subsection (h)(1) of section 1631 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is submitted to the Committee on Armed Services of the Senate and the Committee on Armed Services House of Representatives; and
(2) not more than 75 percent shall be available until the date on which the strategy and posture review required by subsection (g) of such section is submitted to such committees.
1641.
Report on Cyber Institutes Program
Section 1640 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2310; 10 U.S.C. 2200 note) is amended by adding at the end the following:
(g)
Report to Congress
Not later than September 30, 2021, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the effectiveness of the Cyber Institutes and on opportunities to expand the Cyber Institutes to additional select institutions of higher learning that have a Reserve Officers’ Training Corps program.
.
1642.
Assistance for small manufacturers in the defense industrial supply chain on matters relating to cybersecurity
(a)
In general
Subject to the availability of appropriations, the Secretary of Defense, in consultation with the Director of the National Institute of Standards and Technology, may award financial assistance to a Center for the purpose of providing cybersecurity services to small manufacturers.
(b)
Criteria
The Secretary, in consultation with the Director, shall establish and publish on the grants.gov website, or successor website, criteria for selecting recipients for financial assistance under this section.
(c)
Use of financial assistance
Financial assistance under this section—
(1) shall be used by a Center to provide small manufacturers with cybersecurity services relating to—
(A) compliance with the cybersecurity requirements of the Department of Defense Supplement to the Federal Acquisition Regulation, including awareness, assessment, evaluation, preparation, and implementation of cybersecurity services; and
(B) achieving compliance with the Cybersecurity Maturity Model Certification framework of the Department of Defense; and
(2) may be used by a Center to employ trained personnel to deliver cybersecurity services to small manufacturers.
(d)
Biennial reports
(1)
In general
Not less frequently than once every two years, the Secretary shall submit to the congressional defense committees, the Committee on Commerce, Science, and Transportation of the Senate, and the Committee on Science, Space, and Technology of the House of Representatives a biennial report on financial assistance awarded under this section.
(2)
Contents
To the extent practicable, each report submitted under paragraph (1) shall include the following with respect to the years covered by the report:
(A) The number of small manufacturing companies assisted.
(B) A description of the cybersecurity services provided.
(C) A description of the cybersecurity matters addressed.
(D) An analysis of the operational effectiveness and cost-effectiveness of the cybersecurity services provided.
(e)
Termination
The authority of the Secretary to award of financial assistance under this section shall terminate on the date that is five years after the date of the enactment of this Act.
(f)
Definitions
In this section:
(1) The term Center has the meaning given such term in section 25(a) of the National Institute of Standards and Technology Act (15 U.S.C. 278k(a)).
(2) The term small manufacturer has the meaning given that term in section 1644(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2224 note).
C
Nuclear Forces
1651.
Modification to responsibilities of Nuclear Weapons Council
Section 179(d) of title 10, United States Code, is amended—
(1) by redesignating paragraphs (9) through (12) as paragraphs (10) through (13), respectively; and
(2) by inserting after paragraph (8) the following new paragraph (9):
(9) Reviewing proposed capabilities, and establishing and validating performance requirements (as defined in section 181(h) of this title), for nuclear warhead programs.
.
1652.
Responsibility of Nuclear Weapons Council in preparation of National Nuclear Security Administration budget
Paragraph (11) of section 179(d) of title 10, United States Code, as redesignated by section 1651, is further amended to read as follows:
(11) As part of the planning, programming, budgeting, and execution process of the National Nuclear Security Administration—
(A) providing guidance with respect to the development of the annual budget proposals of the Administration under section 3255 of the National Nuclear Security Administration Act;
(B) reviewing the adequacy of such proposals under section 4717 of the Atomic Energy Defense Act; and
(C) preparing, coordinating, and approving such proposals, including before such proposals are submitted to—
(i) the Secretary of Energy;
(ii) the Director of the Office of Management and Budget;
(iii) the President; or
(iv) Congress (as submitted with the budget of the President under section 1105(a) of title 31).
.
1653.
Modification of Government Accountability Office review of annual reports on nuclear weapons enterprise
Section 492a(c) of title 10, United States Code, is amended—
(1) in paragraph (1), by striking review each report and inserting periodically review reports submitted; and
(2) in paragraph (2), by striking not later and all that follows through submitted,.
1654.
Prohibition on reduction of the intercontinental ballistic missiles of the United States
(a)
Prohibition
Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act for fiscal year 2021 for the Department of Defense may be obligated or expended for the following, and the Department may not otherwise take any action to do the following:
(1) Reduce, or prepare to reduce, the responsiveness or alert level of the intercontinental ballistic missiles of the United States.
(2) Reduce, or prepare to reduce, the quantity of deployed intercontinental ballistic missiles of the United States to a number less than 400.
(b)
Exception
The prohibition in subsection (a) shall not apply to any of the following activities:
(1) The maintenance or sustainment of intercontinental ballistic missiles.
(2) Ensuring the safety, security, or reliability of intercontinental ballistic missiles.
1655.
Sense of the Senate on nuclear cooperation between the United States and the United Kingdom
It is the sense of the Senate that—
(1) the North Atlantic Treaty Organization (NATO) continues to play an essential role in the national security of the United States and the independent nuclear deterrents of other NATO members, such as the United Kingdom, have helped underwrite peace and security;
(2) the nuclear programs of the United States and the United Kingdom have enjoyed significant collaborative benefits as a result of the cooperative relationship formalized in the Agreement for Cooperation on the Uses of Atomic Energy for Mutual Defense Purposes, signed at Washington July 3, 1958, and entered into force August 4, 1958 (9 UST 1028), between the United States and the United Kingdom (commonly referred to as the Mutual Defense Agreement);
(3) the unique partnership between the United States and the United Kingdom has enhanced sovereign military and scientific capabilities, strengthened bilateral ties, and shared costs, particularly on such programs as the Trident II D–5 weapons system and the common missile compartment for the future Dreadnought and Columbia classes of submarines;
(4) additionally, the extension of the nuclear deterrence commitments of the United Kingdom to members of the NATO alliance strengthens collective security while reducing the burden placed on United States nuclear forces to deter potential adversaries and assure allies of the United States and the United Kingdom;
(5) as the international security environment deteriorates and potential adversaries expand and enhance their nuclear forces, the extended deterrence commitments of the United Kingdom play an increasingly important role in supporting the security interests of the United States and allies of the United States and the United Kingdom;
(6) it is in the national security interest of the United States to support the United Kingdom with respect to the decision of the Government of the United Kingdom to maintain its nuclear deterrent until global security conditions warrant its elimination;
(7) as the United States must modernize its aging nuclear forces to ensure its ability to continue to field a nuclear deterrent that is safe, secure, and effective, the United Kingdom faces a similar challenge;
(8) bilateral cooperation on the parallel development of the W93/Mk7 warhead of the United States and the replacement warhead of the United Kingdom, as well as associated components, will allow the United States and the United Kingdom to responsibly address challenges within their legacy nuclear forces in a cost-effective manner that—
(A) preserves independent, sovereign control;
(B) is consistent with each country’s obligations under the Treaty on the Non-Proliferation of Nuclear Weapons, done at Washington, London, and Moscow July 1, 1968 (21 UST 483) (commonly referred to as the Nuclear Non-Proliferation Treaty); and
(C) supports nonproliferation objectives; and
(9) continued cooperation between the nuclear programs of United States and the United Kingdom, including through the W93/Mk7 program, is essential to ensuring that the NATO alliance continues to be supported by credible nuclear forces capable of preserving peace, preventing coercion, and deterring aggression.
D
Missile defense programs
1661.
Iron Dome short-range rocket defense system and Israeli cooperative missile defense program co-development and co-production
(a)
Iron Dome short-range rocket defense system
(1)
Availability of funds
Of the funds authorized to be appropriated by this Act for fiscal year 2021 for procurement, Defense-wide, and available for the Missile Defense Agency, not more than $73,000,000 may be provided to the Government of Israel to procure components for the Iron Dome short-range rocket defense system through co-production of such components in the United States by industry of the United States.
(2)
Conditions
(A)
Agreement
Funds described in paragraph (1) for the Iron Dome short-range rocket defense program shall be available subject to the terms and conditions in the Agreement Between the Department of Defense of the United States of America and the Ministry of Defense of the State of Israel Concerning Iron Dome Defense System Procurement, signed on March 5, 2014, as amended to include co-production for Tamir interceptors.
(B)
Certification
Not later than 30 days prior to the initial obligation of funds described in paragraph (1), the Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees—
(i) a certification that the amended bilateral international agreement specified in subparagraph (A) is being implemented as provided in such agreement;
(ii) an assessment detailing any risks relating to the implementation of such agreement; and
(iii) for system improvements resulting in modified Iron Dome components and Tamir interceptor sub-components, a certification that the Government of Israel has demonstrated successful completion of Production Readiness Reviews, including the validation of production lines, the verification of component conformance, and the verification of performance to specification as defined in the Iron Dome Defense System Procurement Agreement, as further amended.
(b)
Israeli cooperative missile defense program, David's Sling Weapon System co-production
(1)
In general
Subject to paragraph (3), of the funds authorized to be appropriated for fiscal year 2021 for procurement, Defense-wide, and available for the Missile Defense Agency not more than $50,000,000 may be provided to the Government of Israel to procure the David's Sling Weapon System, including for co-production of parts and components in the United States by United States industry.
(2)
Agreement
Provision of funds specified in paragraph (1) shall be subject to the terms and conditions in the bilateral co-production agreement, including—
(A) a one-for-one cash match is made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel); and
(B) co-production of parts, components, and all-up rounds (if appropriate) in the United States by United States industry for the David's Sling Weapon System is not less than 50 percent.
(3)
Certification and assessment
The Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees—
(A) a certification that the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and production readiness reviews required by the research, development, and technology agreement and the bilateral co-production agreement for the David's Sling Weapon System; and
(B) an assessment detailing any risks relating to the implementation of such agreement.
(c)
Israeli cooperative missile defense program, Arrow 3 Upper Tier Interceptor Program co-production
(1)
In general
Subject to paragraph (2), of the funds authorized to be appropriated for fiscal year 2021 for procurement, Defense-wide, and available for the Missile Defense Agency not more than $77,000,000 may be provided to the Government of Israel for the Arrow 3 Upper Tier Interceptor Program, including for co-production of parts and components in the United States by United States industry.
(2)
Certification
The Under Secretary of Defense for Acquisition and Sustainment shall submit to the appropriate congressional committees a certification that—
(A) the Government of Israel has demonstrated the successful completion of the knowledge points, technical milestones, and production readiness reviews required by the research, development, and technology agreement for the Arrow 3 Upper Tier Interceptor Program;
(B) funds specified in paragraph (1) will be provided on the basis of a one-for-one cash match made by Israel or in another matching amount that otherwise meets best efforts (as mutually agreed to by the United States and Israel);
(C) the United States has entered into a bilateral international agreement with Israel that establishes, with respect to the use of such funds—
(i) in accordance with subparagraph (D), the terms of co-production of parts and components on the basis of the greatest practicable co-production of parts, components, and all-up rounds (if appropriate) by United States industry and minimizes nonrecurring engineering and facilitization expenses to the costs needed for co-production;
(ii) complete transparency on the requirement of Israel for the number of interceptors and batteries that will be procured, including with respect to the procurement plans, acquisition strategy, and funding profiles of Israel;
(iii) technical milestones for co-production of parts and components and procurement;
(iv) a joint affordability working group to consider cost reduction initiatives; and
(v) joint approval processes for third-party sales; and
(D) the level of co-production described in subparagraph (C)(i) for the Arrow 3 Upper Tier Interceptor Program is not less than 50 percent.
(d)
Number
In carrying out paragraph (2) of subsection (b) and paragraph (2) of subsection (c), the Under Secretary may submit—
(1) one certification covering both the David's Sling Weapon System and the Arrow 3 Upper Tier Interceptor Program; or
(2) separate certifications for each respective system.
(e)
Timing
The Under Secretary shall submit to the congressional defense committees the certification and assessment under subsection (b)(3) and the certification under subsection (c)(2) no later than 30 days before the funds specified in paragraph (1) of subsections (b) and (c) for the respective system covered by the certification are provided to the Government of Israel.
(f)
Appropriate congressional committees defined
In this section, the term appropriate congressional committees means the following:
(1) The congressional defense committees.
(2) The Committee on Foreign Relations of the Senate and the Committee on Foreign Affairs of the House of Representatives.
1662.
Acceleration of the deployment of hypersonic and ballistic tracking space sensor payload
(a)
Primary responsibility for development and deployment of hypersonic and ballistic tracking space sensor payload
(1)
In general
Not later than 15 days after the date of the enactment of this Act, the Secretary shall—
(A) assign the Director of the Missile Defense Agency with the principal responsibility for the development and deployment of a hypersonic and ballistic tracking space sensor payload through the end of fiscal year 2022; and
(B) submit to the congressional defense committees certification of such assignment.
(2)
Transition
Not later than 90 days after the date of the enactment of this Act, the Secretary shall submit to the congressional defense committees—
(A) a determination regarding whether responsibility for a hypersonic and ballistic tracking space sensor payload should be transitioned to the United States Space Force at the end of fiscal year 2022 or later; and
(B) if the Secretary so determines, a plan for transition of primary responsibility that minimizes disruption to the program and provides for sufficient funding as described in subsection (b)(1).
(b)
Certification regarding funding of hypersonic and ballistic tracking space sensor program
(1)
In general
At the same time that the President submits to Congress pursuant to section 1105 of title 31, United States Code, the annual budget request of the President for fiscal year 2022, the Under Secretary of Defense Comptroller and the Director for Cost Assessment and Program Evaluation shall jointly submit to the congressional defense committees a certification as to whether the hypersonic and ballistic tracking space sensor program is sufficiently funded in the future-years defense program.
(2)
Funding limitation
Of the funds authorized to be appropriated by this Act for fiscal year 2021 under the Operations and Maintenance, Defense-Wide, account for the Office of Secretary of Defense travel of persons assigned to the Office of the Under Secretary of Defense for Research and Engineering, not more than 50 percent of such funds may be obligated or expended until the certification required by paragraph (1) is submitted under such paragraph.
(c)
Deployment deadline
Section 1683(a) of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2431 note) is amended—
(1) by striking (a) In general.— and inserting the following:
(a)
Development, testing, and deployment
(1)
Development
; and
(2) by adding at the end the following new paragraphs:
(2)
Testing and deployment
The Director shall begin on-orbit testing of a hypersonic and ballistic tracking space sensor no later than December 31, 2022, with full operational deployment as soon as technically feasible thereafter.
(3)
Waiver
The Secretary of Defense may waive the deadline for testing specified in paragraph (2) if the Secretary submits to the congressional defense committees a report containing—
(A) the explanation why the Secretary cannot meet such deadline;
(B) the technical risks and estimated cost of accelerating the program to attempt to meet such deadline;
(C) an assessment of threat systems that could not be detected or tracked persistently due to waiving such deadline; and
(D) a plan, including a timeline, for beginning the required testing.
.
(d)
Assessment and report
Not later than 120 days after the date of the enactment of this Act, the Chair of the Joint Requirements Oversight Council established under section 181 of title 10, United States Code, shall—
(1) complete an assessment on whether all efforts being made by the Missile Defense Agency, the Defense Advanced Research Projects Agency, the Air Force, and the Space Development Agency relating to space-based sensing and tracking capabilities for missile defense are aligned with the requirements of United States Strategic Command, United States Northern Command, United States European Command, and United States Indo-Pacific Command for missile tracking and missile warning that have been validated by the Joint Requirements Oversight Council; and
(2) submit to the congressional defense committees a report on the findings of the Chair with respect to the assessment conducted under paragraph (1).
1663.
Extension of prohibition relating to missile defense information and systems
Section 130h(e) of title 10, United States Code, is amended by striking January 1, 2021 and inserting January 1, 2026.
1664.
Report on and limitation on expenditure of funds for layered homeland missile defense system
(a)
Report required
(1)
In general
Not later than March 1, 2021, the Director of the Missile Defense Agency shall submit to the congressional defense committees a report on the proposal for a layered homeland missile defense system included in the budget justification materials submitted to Congress in support of the budget for the Department of Defense for fiscal year 2021 (as submitted with the budget of the President for such year under section 1105(a) of title 31, United States Code).
(2)
Elements required
The report required by paragraph (1) shall include the following:
(A) A description of the approved requirements for a layered homeland missile defense system, based on an assessment by the intelligence community of threats to be addressed at the time of deployment of such a system.
(B) An assessment of how such requirements addressed by a layered homeland missile defense system relate to those addressed by the existing ground-based midcourse defense system, including deployed ground-based interceptors and planned upgrades to such ground-based interceptors.
(C) An analysis of interceptor solutions to meet such requirements, to include land-based Standard Missile 3 (SM–3) Block IIA interceptor systems and the Terminal High Altitude Area Defense (THAAD) system, with the number of locations required for deployment and the production numbers of interceptors and related sensors.
(D) A site-specific fielding plan that includes possible locations, the number and type of interceptors and radars in each location, and any associated environmental or permitting considerations, including an assessment of the locations evaluated pursuant to section 227(b) of the National Defense Authorization Act for Fiscal Year 2013 (126 Stat. 1679; Public Law 112–239) for inclusion in the layered homeland missile defense system.
(E) Relevant policy considerations for deployment of such systems for defense against intercontinental ballistic missiles in the continental United States.
(F) A cost estimate and schedule for options involving a land-based Standard Missile 3 Block IIA interceptor system and the Terminal High Altitude Area Defense system, including required environmental assessments.
(G) A feasibility assessment of the necessary modifications to the Terminal High Altitude Area Defense system to address such requirements.
(H) An assessment of the industrial base capacity to support additional production of either a land-based Standard Missile 3 Block IIA interceptor system or the Terminal High Altitude Area Defense system.
(3)
Consultation
In preparing the report required by paragraph (1), the Director shall consult with the following:
(A) The Under Secretary of Defense for Policy.
(B) The Under Secretary of Defense for Acquisition and Sustainment.
(C) The Vice Chairman of the Joint Chiefs of Staff, in Vice Chairman's capacity as the Chair of the Joint Requirements Oversight Council.
(D) The Commander, United States Strategic Command.
(E) The Commander, United States Northern Command.
(b)
Limitation on use of funds
Not more than 50 percent of the amounts authorized to be appropriated by this Act for fiscal year 2021 for the Missile Defense Agency for the purposes of a layered homeland missile defense system may be obligated or expended until the Director submits to the congressional defense committees the report required by subsection (a).
(c)
Intelligence community defined
In this section, the term intelligence community has the meaning given such term in section 3 of the National Security Act of 1947 (50 U.S.C. 3003).
1665.
Extension of requirement for Comptroller General review and assessment of missile defense acquisition programs
Section 232(a) of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81) is amended—
(1) in paragraph (1), by striking through 2020 and inserting through 2025;
(2) in paragraph (2)—
(A) by striking through 2021 and inserting through 2026; and
(B) by striking year. Each and all that follows through appropriate. and insert the following: , which shall include such findings and recommendations as the Comptroller General considers appropriate.; and
(3) by adding at the end the following new subsection:
(3)
Review of emerging issues
In carrying out this subsection, as the Comptroller General determines is warranted, the Comptroller General shall review emerging issues and, in consultation with the congressional defense committees, brief such committees or submit to such committees a report on the findings of the Comptroller General with respect to such review.
.
1666.
Repeal of requirement for reporting structure of Missile Defense Agency
Section 205 of title 10, United States Code, is amended to read as follows:
205.
Missile Defense Agency
The Director of the Missile Defense Agency shall be appointed for a six-year term.
.
1667.
Ground-based midcourse defense interim capability
(a)
Sense of Congress
It is the sense of Congress that—
(1) the nuclear and ballistic missile threats from rogue nations are increasing; and
(2) the Department of Defense should fully assess development of an interim ground-based missile defense capability while also pursuing the development of a next generation interceptor capability.
(b)
Interim ground-based interceptor
(1)
Development
Not later than 30 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Director of the Missile Defense Agency and in coordination with the Under Secretary of Defense for Acquisition and Sustainment, the Commander of the United States Northern Command, and the Commander of the United States Strategic Command, shall commence carrying out a program to develop an interim ground-based interceptor capability that will—
(A) use sound acquisition practices;
(B) address the majority of current and near- to mid-term projected ballistic missile threats to the United States homeland from rogue nations;
(C) at minimum, meet the proposed capabilities of the Redesigned Kill Vehicle program;
(D) leverage existing kill vehicle and booster technology; and
(E) appropriately balance interceptor performance with schedule of delivery.
(2)
Deployment
The Secretary of Defense, acting through the Director of the Missile Defense Agency and in coordination with the Under Secretary of Defense for Acquisition and Sustainment, the Commander of the United States Northern Command, and the Commander of the United States Strategic Command, shall—
(A) conduct rigorous flight testing of the interim ground-based interceptor; and
(B) deliver 20 new ground-based interceptors by 2026.
(3)
Waiver authority
(A) The Secretary of Defense may waive the requirements under paragraphs (1) and (2) if the Secretary certifies to the congressional defense committees that—
(i) the technology development is not technically feasible;
(ii) the interim capability development is not in the national security interest of the United States; or
(iii) the next generation interceptor for the ground-based midcourse defense system can deliver capability before the program otherwise required by this subsection.
(B) If the Secretary chooses to waive the requirements under paragraphs (1) and (2), the Secretary shall submit to the congressional defense committees along with the certification required by subparagraph (A) of this paragraph—
(i) an explanation of the rationale for the decision;
(ii) an estimate of projected rogue nation threats to the United States homeland that will not be defended against until the fielding of the next generation interceptor for the ground-based midcourse defense system; and
(iii) an updated schedule for development and deployment of the next generation interceptor.
(C) The Secretary may not delegate the certification described in subparagraphs (A) and (B) unless the Secretary is recused, in which case the Secretary may delegate such certification to the Deputy Secretary of Defense.
(c)
Capabilities and criteria
The Director shall ensure that the interim ground-based interceptor developed under subsection (c)(1) meets, at a minimum, the following capabilities and criteria:
(1) Vehicle-to-vehicle communications, as applicable.
(2) Vehicle-to-ground communications.
(3) Kill assessment capability.
(4) The ability to counter advanced counter measures, decoys, and penetration aids.
(5) Producibility and manufacturability.
(6) Use of technology involving high technology readiness levels.
(7) Options to integrate the new kill vehicle onto other missile defense interceptor vehicles other than the ground-based interceptors of the ground-based midcourse defense system.
(8) Sound acquisition processes.
(d)
Report on funding profile
The Director shall include with the budget justification materials submitted to Congress in support of the budget of the Department of Defense for fiscal year 2022 (as submitted with the budget of the President under section 1105(a) of title 31, United States Code) a report on the funding profile necessary for the interim ground-based interceptor program to meet the objectives under subsection (c).
B
Military Construction Authorizations
2001.
Short title
This division may be cited as the Military Construction Authorization Act for Fiscal Year 2021.
2002.
Expiration of authorizations and amounts required to be specified by law
(a)
Expiration of authorizations after five years
Except as provided in subsection (b), all authorizations contained in titles XXI through XXVII for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor) shall expire on the later of—
(1) October 1, 2025; or
(2) the date of the enactment of an Act authorizing funds for military construction for fiscal year 2026.
(b)
Exception
Subsection (a) shall not apply to authorizations for military construction projects, land acquisition, family housing projects and facilities, and contributions to the North Atlantic Treaty Organization Security Investment Program (and authorizations of appropriations therefor), for which appropriated funds have been obligated before the later of—
(1) October 1, 2025; or
(2) the date of the enactment of an Act authorizing funds for fiscal year 2026 for military construction projects, land acquisition, family housing projects and facilities, or contributions to the North Atlantic Treaty Organization Security Investment Program.
2003.
Effective date
Titles XXI through XXVII and title XXIX shall take effect on the later of—
(1) October 1, 2020; or
(2) the date of the enactment of this Act.
XXI
Army military construction
2101.
Authorized Army construction and land acquisition projects
(a)
Inside the United States
Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Army: Inside the United States
StateInstallation or LocationAmount
AlaskaFort Wainwright$114,000,000
ArizonaYuma Proving Ground$14,000,000
CaliforniaMilitary Ocean Terminal Concord$46,000,000
ColoradoFort Carson$28,000,000
GeorgiaFort Gillem$71,000,000
Fort Gordon$80,000,000
HawaiiAliamanu Military Reservation$71,000,000
Schofield Barracks$39,000,000
Wheeler Army Airfield$89,000,000
LouisianaFort Polk$25,000,000
OklahomaMcAlester AAP$35,000,000
South CarolinaFort Jackson$7,000,000
VirginiaHumphreys Engineer Center$51,000,000
(b)
Outside the United States
Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the installation outside the United States, and in the amount, set forth in the following table: Army: Outside the United States StateInstallationAmount ItalyCasmera Renato Dal Din$10,200,000
2102.
Family housing
(a)
Construction and acquisition
Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may construct or acquire family housing units (including land acquisition and supporting facilities) at the installations or locations, in the number of units, and in the amounts set forth in the following table:
Army: Family Housing
CountryInstallation or LocationUnitsAmount
ItalyVicenzaFamily Housing New Construction$84,100,000
KwajaleinKwajalein AtollFamily Housing Replacement Construction$32,000,000
(b)
Planning and design
Using amounts appropriated pursuant to the authorization of appropriations in section 2103(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Army may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $3,300,000.
2103.
Authorization of appropriations, Army
(a)
Authorization of appropriations
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for military construction, land acquisition, and military family housing functions of the Department of the Army as specified in the funding table in section 4601.
(b)
Limitation on total cost of construction projects
Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2101 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
2104.
Modification of authority to carry out fiscal year 2017 project at Camp Walker, Korea
In the case of the authorization contained in the table in section 2102(a) of the Military Construction Authorization Act for Fiscal Year 2017 (division B of Public Law 114–92; 129 Stat. 1146) for Camp Walker, Korea, the Secretary of the Army may construct an elevated walkway between two existing parking garages to connect children’s playgrounds using amounts available for Family Housing New Construction, as specified in the funding table in section 4601 of such Act (129 Stat. 1290).
XXII
Navy military construction
2201.
Authorized Navy construction and land acquisition projects
(a)
Inside the United States
Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Navy: Inside the United States StateInstallation or LocationAmount California Camp Pendleton $115,530,000 Lemoore$187,220,000 Point Mugu$26,700,000 Port Hueneme$43,500,000 San Diego$128,500,000 Seal Beach$46,800,000 Twentynine Palms$76,500,000 HawaiiJoint Base Pearl Harbor-Hickam$114,900,000 MaineKittery$715,000,000 NCTAMS LANT Detachment Cutler$26,100,000 NevadaFallon$29,040,000 North CarolinaCherry Point$51,900,000 VirginiaNorfolk$39,800,000
(b)
Outside the United States
Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Navy: Outside the United States
CountryInstallation or LocationAmount
Bahrain IslandSW Asia$68,340,000
El SalvadorComalapa$28,000,000
GreeceSouda Bay$50,180,000
GuamAndersen Air Force Base$21,280,000
Joint Region Marianas$546,550,000
SpainRota$60,110,000
2202.
Family housing
Using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $5,854,000.
2203.
Improvements to military family housing units
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2204(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Navy may improve existing military family housing units in an amount not to exceed $37,043,000.
2204.
Authorization of appropriations, Navy
(a)
Authorization of appropriations
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for military construction, land acquisition, and military family housing functions of the Department of the Navy, as specified in the funding table in section 4601.
(b)
Limitation on total cost of construction projects
Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2201 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
XXIII
Air Force military construction
2301.
Authorized Air Force construction and land acquisition projects
(a)
Inside the United States
Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table: Air Force: Inside the United States StateInstallation or LocationAmount ColoradoUnited States Air Force Academy$49,000,000 New JerseyJoint Base McGuire-Dix-Lakehurst$22,000,000 South DakotaEllsworth Air Force Base$96,000,000 TexasJoint Base San Antonio$19,500,000 UtahHill Air Force Base$132,000,000 VirginiaJoint Base Langley-Eustis$19,500,000
(b)
Outside the United States
Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installations or locations outside the United States, and in the amounts, set forth in the following table:
Air Force: Outside the United States
CountryInstallation or LocationAmount
GuamAndersen Air Force Base$56,000,000
QatarAl Udeid$26,000,000
2302.
Family housing
Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may carry out architectural and engineering services and construction design activities with respect to the construction or improvement of family housing units in an amount not to exceed $2,969,000.
2303.
Improvements to military family housing units
Subject to section 2825 of title 10, United States Code, and using amounts appropriated pursuant to the authorization of appropriations in section 2304(a) and available for military family housing functions as specified in the funding table in section 4601, the Secretary of the Air Force may improve existing military family housing units in an amount not to exceed $94,245,000.
2304.
Authorization of appropriations, Air Force
(a)
Authorization of appropriations
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for military construction, land acquisition, and military family housing functions of the Department of the Air Force, as specified in the funding table in section 4601.
(b)
Limitation on total cost of construction projects
Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2301 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
2305.
Modification of authority to carry out fiscal year 2018 project at Royal Air Force Lakenheath
(a)
In general
In the case of the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2018 (division B of Public Law 115–91; 131 Stat. 1826) for Royal Air Force Lakenheath, United Kingdom, the Secretary of the Air Force may construct a 2,700 square meter consolidated corrosion control and wash rack facility at such location.
(b)
Increase of amount
The table in section 4601 of such Act is amended in the item relating to a Consolidated Corrosion Control Facility at Royal Air Force Lakenheath, United Kingdom, by striking 20,000,000 and inserting 55,300,000.
2306.
Modification of authority to carry out certain fiscal year 2019 projects
(a)
Eielson Air Force Base, Alaska
In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2246) for Eielson Air Force Base, Alaska, the Secretary of the Air Force may construct a 426 square meter non-contained (outdoor) range with covered and heated firing line for construction of an F–35 CATM Range, as specified in the funding table in section 4601 of such Act (132 Stat. 2404).
(b)
Barksdale Air Force Base, Louisiana
(1)
In general
In the case of the authorization contained in the table in section 2301(a) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2246) for Barksdale Air Force Base, Louisiana, the Secretary of the Air Force may construct an entrance road and gate complex consistent with the Unified Facilities Criteria relating to entry control facilities and the construction guidelines for the Air Force, in the amount of $48,000,000.
(2)
Details of construction
In constructing the entrance road and gate complex under paragraph (1), the Secretary of the Air Force may construct a 190 square meter visitor control center, a 44 square meter gate house, a 124 square meter privately owned vehicle inspection facility, a 338 square meter truck inspection facility, and a 45 square meter gatehouse.
(3)
Construction in flood plain
Construction under paragraph (1) may be conducted in a flood plain and appropriate mitigation measures shall be included in the project.
(c)
Royal Air Force Lakenheath, United Kingdom
In the case of the authorization contained in the table in section 2301(b) of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2247) for Royal Air Force Lakenheath, United Kingdom, the Secretary of the Air Force may construct a 1,206 square meter maintenance facility for construction of an F–35A ADAL Conventional Munitions MX, as specified in the funding table in section 4601 of such Act (132 Stat. 2400).
(d)
Force protection and safety
The table in section 4601 of the Military Construction Authorization Act for Fiscal Year 2019 (division B of Public Law 115–232; 132 Stat. 2406) is amended in the item relating to Force Protection and Safety, Air Force, Unspecified Worldwide Locations, by striking 35,000 and inserting 50,000.
2307.
Modification of authority to carry out certain fiscal year 2020 family housing projects
(a)
Construction and acquisition
Section 2302 of the Military Construction Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended—
(1) by striking Using amounts and inserting (a) Planning and design.—Using amounts; and
(2) by adding at the end the following new subsection:
(b)
Construction and acquisition
Using amounts appropriated pursuant to the authorization of appropriations in section 2304(a), the Secretary of the Air Force may construct or acquire family housing units (including land, acquisition, and supporting facilities) at the installation, in the number of units, and in the amounts set forth in the following table:
Air Force: Family Housing
CountryInstallation or LocationPurposeAmount
GermanySpangdahlem Air Base76 Units$53,584,000
.
(b)
Funding
Section 2303 of the Military Construction Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by striking $53,584,000 and inserting $46,638,000.
2308.
Modification of authority to carry out certain fiscal year 2020 projects
(a)
Tyndall Air Force Base, Florida
In the case of the authorization contained in the table in section 2912(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92) for Tyndall Air Force Base, Florida, the Secretary of the Air Force may construct—
(1) not more than 4,770 square meters of aircraft support equipment storage for construction of an Auxiliary Ground Equipment Facility, as specified in the funding table in section 4603 of such Act;
(2) not more than 18,770 square meters of visiting quarters for construction of Dorm Complex Phase 1, as specified in such funding table;
(3) 2,127 square meters of squadron operations and 2,875 square meters of aircraft maintenance unit for construction of Ops/Aircraft Maintenance Unit/Hangar #2, as specified in such funding table;
(4) 2,127 square meters of squadron operations and 2,875 square meters of aircraft maintenance unit for construction of Ops/Aircraft Maintenance Unit/Hangar #3, as specified in such funding table;
(5) not more than 3,420 square meters of headquarters for construction of an Operations Group/Maintenance Group HQ, as specified in such funding table;
(6) not more than 930 square meters of equipment storage for construction of a Security Forces Mobility Storage Facility, as specified in such funding table;
(7) not more than 7,000 meters of storm water piping, box culverts, underground detention, and grading for surface detention for construction of Site Development, Utilities & Demo Phase 2, as specified in such funding table; and
(8) not more than 12,471 meters of visiting quarters for construction of Lodging Facilities Phase 1, as specified in such funding table.
(b)
Offutt Air Force Base, Nebraska
In the case of the authorization contained in the table in section 2912(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92) for Offutt Air Force Base, Nebraska, the Secretary of the Air Force may construct—
(1) seven 2.5-megawatt diesel engine generators, seven diesel exhaust fluid systems, 15-kilovolt switchgear, two import/export inter-ties, five import-only inter-ties, and 800 square meters of switchgear facility for construction of an Emergency Power Microgrid, as specified in the funding table in section 4603 of such Act;
(2) 2,536 square meters of warehouse for construction of a Logistics Readiness Squadron Campus, as specified in such funding table;
(3) 4,218 square meters of operations center and 1,343 square meters of military working dog kennel for construction of a Security Campus, as specified in such funding table;
(4) 445 square meters of petroleum operations center, 268 square meters of de-icing liquid storage, and 173 square meters of warehouse for construction of a Flightline Hangars Campus, as specified in such funding table; and
(5) 240 square meters of recreation complex and 270 square meters of storage for construction of a Lake Campus, as specified in such funding table.
(c)
Joint Base Langley-Eustis, Virginia
In the case of the authorization contained in the table in section 2912(a) of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92) for Joint Base Langley-Eustis, Virginia, the Secretary of the Air Force may construct up to 6,720 square meters of dormitory for construction of a Dormitory, as specified in the funding table in section 4603 of such Act.
XXIV
Defense Agencies military construction
2401.
Authorized Defense Agencies construction and land acquisition projects
(a)
Inside the United States
Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects inside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installations or locations inside the United States, and in the amounts, set forth in the following table:
Defense Agencies: Inside the United States
StateInstallation or Location Amount
AlabamaAnniston Army Depot$18,000,000
AlaskaFort Greely$48,000,000
ArizonaFort Huachuca$33,728,000
Yuma$49,500,000
CaliforniaBeale Air Force Base$22,800,000
ColoradoFort Carson$15,600,000
CONUS UnspecifiedCONUS Unspecified$14,400,000
FloridaHurlburt Field$83,120,000
Kentucky Fort Knox$69,310,000
New MexicoKirtland Air Force Base$46,600,000
North CarolinaFort Bragg$113,800,000
OhioWright-Patterson Air Force Base$23,500,000
TexasFort Hood$32,700,000
VirginiaJoint Expeditionary Base Little Creek-Fort Story$112,500,000
WashingtonJoint Base Lewis-McChord$21,800,000
Manchester$82,000,000
(b)
Outside the United States
Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for military construction projects outside the United States as specified in the funding table in section 4601, the Secretary of Defense may acquire real property and carry out military construction projects for the installation or location outside the United States, and in the amount, set forth in the following table: Defense Agencies: Outside the United States CountryInstallation or LocationAmount JapanDef Fuel Support Point Tsurumi$49,500,000
2402.
Authorized Energy Resilience and Conservation Investment Program projects
(a)
Inside the United States
Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations inside the United States, and in the amounts, set forth in the following table:
ERCIP Projects: Inside the United States
StateInstallation or Location Amount
AlabamaFort Rucker$24,000,000
ArkansasFort Smith Air National Guard Base$2,600,000
District of ColumbiaJoint Base Anacostia-Bolling$35,933,000
GeorgiaFort Benning$17,000,000
MississippiMTA Camp Shelby$30,000,000
North CarolinaFort Bragg$6,100,000
OhioWright-Patterson Air Force Base$35,000,000
TennesseeMemphis International Airport$4,780,000
(b)
Outside the United States
Using amounts appropriated pursuant to the authorization of appropriations in section 2403(a) and available for energy conservation projects as specified in the funding table in section 4601, the Secretary of Defense may carry out energy conservation projects under chapter 173 of title 10, United States Code, for the installations or locations outside the United States, and in the amounts, set forth in the following table: ERCIP Projects: Outside the United States CountryInstallation or LocationAmount Unspecified WorldwideUnspecified Worldwide Locations$142,500,000
2403.
Authorization of appropriations, Defense Agencies
(a)
Authorization of appropriations
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for military construction, land acquisition, and military family housing functions of the Department of Defense (other than the military departments), as specified in the funding table in section 4601.
(b)
Limitation on total cost of construction projects
Notwithstanding the cost variations authorized by section 2853 of title 10, United States Code, and any other cost variation authorized by law, the total cost of all projects carried out under section 2401 of this Act may not exceed the total amount authorized to be appropriated under subsection (a), as specified in the funding table in section 4601.
XXV
International programs
A
North Atlantic Treaty Organization Security Investment Program
2501.
Authorized NATO construction and land acquisition projects
The Secretary of Defense may make contributions for the North Atlantic Treaty Organization Security Investment Program as provided in section 2806 of title 10, United States Code, in an amount not to exceed the sum of the amount authorized to be appropriated for this purpose in section 2502 and the amount collected from the North Atlantic Treaty Organization as a result of construction previously financed by the United States.
2502.
Authorization of appropriations, NATO
(a)
Authorization
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for contributions by the Secretary of Defense under section 2806 of title 10, United States Code, for the share of the United States of the cost of projects for the North Atlantic Treaty Organization Security Investment Program authorized by section 2501 as specified in the funding table in section 4601.
(b)
Authority To recognize NATO authorization amounts as budgetary resources for project execution
When the United States is designated as the Host Nation for the purposes of executing a project under the NATO Security Investment Program (NSIP), the Department of Defense construction agent may recognize the NATO project authorization amounts as budgetary resources to incur obligations for the purposes of executing the NSIP project.
2503.
Execution of projects under the North Atlantic Treaty Organization Security Investment Program
(a)
In general
Subchapter II of chapter 138 of title 10, United States Code, is amended by striking section 2350m and inserting the following new section 2350m:
2350m.
Execution of projects under the North Atlantic Treaty Organization Security Investment Program
(a)
Authority To execute projects
When the United States is designated as the Host Nation for purposes of executing a project under the North Atlantic Treaty Organization Security Investment Program (in this section referred to as the Program), the Secretary of Defense may accept such designation and carry out such project consistent with the requirements of this section.
(b)
Project funding
The Secretary of Defense may fund authorized expenditures of projects accepted under subsection (a) with—
(1) contributions under subsection (c);
(2) appropriations of the Department of Defense for the Program when directed by the North Atlantic Treaty Organization to apply amounts of such appropriations as part of the share of contributions of the United States for the Program; or
(3) any combination of amounts described in paragraphs (1) and (2).
(c)
Authority To accept contributions
(1) The Secretary of Defense may accept contributions from the North Atlantic Treaty Organization and member nations of the North Atlantic Treaty Organization for the purpose of carrying out a project under subsection (a).
(2) Contributions accepted under paragraph (1) shall be placed in an account established for the purpose of carrying out the project for which the funds were provided and shall remain available until expended.
(3)
(A) If contributions are made under paragraph (1) as reimbursement for a project or portion of a project previously completed by the Department of Defense, such contributions shall be credited to—
(i) the appropriations used for the project or portion thereof, if such appropriations have not yet expired; or
(ii) the appropriations for the Program, if the appropriations described in clause (i) have expired.
(B) Funding credited under subparagraph (A) shall merge with and remain available for the same purposes and duration as the appropriations to which credited.
(d)
Obligation authority
The construction agent of the Department of Defense designated by the Secretary of Defense to execute a project under subsection (a) may recognize the North Atlantic Treaty Organization project authorization amounts as budgetary resources to incur obligations against for the purposes of executing the project.
(e)
Insufficient Contributions
(1) In the event that the North Atlantic Treaty Organization does not agree to contribute funding for all costs necessary for the Department of Defense to carry out a project under subsection (a), including necessary personnel costs of the construction agent designated by the Department of Defense, contract claims, and any conjunctive funding requirements that exceed the project authorization or standards of the North Atlantic Treaty Organization, the Secretary of Defense, upon determination that completion of the project is in the national interest of the United States, may fund such costs using any funds available in appropriations for the Program.
(2) The use of funds under paragraph (1) from appropriations for the Program may be in addition to or in place of any other funding sources otherwise available for the purposes for which those funds are used.
(f)
Authorized expenditures defined
In this section, the term authorized expenditures means project expenses for which the North Atlantic Treaty Organization has agreed to contribute funding.
.
(b)
Clerical amendment
The table of sections at the beginning of subchapter II of chapter 138 of such title is amended by striking the item relating to section 2350m and inserting the following new item:
2350m. Execution of projects under the North Atlantic Treaty Organization Security Investment Program.
.
(c)
Conforming repeals
(1)
2019
Section 2502 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 2252) is amended—
(A) in subsection (a)—
(i) by striking (a) Authorization.—Funds and inserting Funds; and
(ii) by striking the second sentence; and
(B) by striking subsection (b).
(2)
2020
Section 2502 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended—
(A) in subsection (a), by striking (a) Authorization.—Funds and inserting Funds; and
(B) by striking subsection (b).
B
Host Country In-Kind Contributions
2511.
Republic of Korea funded construction projects
Pursuant to agreement with the Republic of Korea for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installations or locations in the Republic of Korea, and in the amounts, set forth in the following table:
Republic of Korea Funded Construction Projects
ComponentInstallation or LocationProjectAmount
ArmyCamp CarrollSite Development$49,000,000
ArmyCamp HumphreysAttack Reconnaissance Battalion Hangar$99,000,000
ArmyCamp HumphreysHot Refuel Point$35,000,000
NavyCOMROKFLT Naval Base, BusanMaritime Operations Center$26,000,000
Air ForceDaegu Air BaseAGE Facility and Parking Apron$14,000,000
Air ForceKunsan Air BaseBackup Generator Plant$19,000,000
Air ForceOsan Air BaseAircraft Corrosion Control Facility (Phase 3)$12,000,000
Air ForceOsan Air BaseChild Development Center$20,000,000
Air ForceOsan Air BaseRelocate Munitions Storage Area Delta (Phase 1)$84,000,000
Defense-WideCamp HumphreysElementary School$58,000,000
2512.
Qatar funded construction projects
Pursuant to agreement with the State of Qatar for required in-kind contributions, the Secretary of Defense may accept military construction projects for the installation in the State of Qatar, and in the amounts, set forth in the following table: State of Qatar Funded Construction Projects ComponentInstallation or LocationProjectAmount Air ForceAl UdeidBillet (A12)$63,000,000 Air ForceAl UdeidBillet (B12)$63,000,000 Air ForceAl UdeidBillet (D10)$77,000,000 Air ForceAl UdeidBillet (009)$77,000,000 Air ForceAl UdeidBillet (007)$77,000,000 Air ForceAl UdeidArmory/Mount$7,200,000 Air ForceAl UdeidBillet (A06)$77,000,000 Air ForceAl UdeidDining Facility$14,600,000 Air ForceAl UdeidBillet (BOS)$77,000,000 Air ForceAl UdeidBillet (B04)$77,000,000 Air ForceAl UdeidBillet (A04)$77,000,000 Air ForceAl UdeidBillet (AOS)$77,000,000 Air ForceAl UdeidDining Facility$14,600,000 Air ForceAl UdeidMSG (Base Operations Support Facility)$9,300,000 Air ForceAl UdeidITN (Communications Facility)$3,500,000
XXVI
Guard and Reserve Forces facilities
2601.
Authorized Army National Guard construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army National Guard installations or locations inside the United States, and in the amounts, set forth in the following table:
Army National Guard
StateInstallation or LocationAmount
ArizonaTucson$18,100,000
ArkansasFort Chaffee$15,000,000
CaliforniaBakersfield$9,300,000
ColoradoPeterson Air Force Base$15,000,000
IndianaShelbyville$12,000,000
KentuckyFrankfort$15,000,000
MississippiBrandon$10,400,000
NebraskaNorth Platte$9,300,000
New JerseyJoint Base McGuire-Dix-Lakehurst$15,000,000
OhioColumbus$15,000,000
OklahomaArdmore$9,800,000
OregonHermiston$25,035,000
Puerto RicoFort Allen$37,000,000
South CarolinaJoint Base Charleston$15,000,000
TennesseeMcMinnville$11,200,000
TexasFort Worth$13,800,000
UtahNephi$12,000,000
Virgin IslandsSt. Croix$39,400,000
WisconsinAppleton$11,600,000
2602.
Authorized Army Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Army may acquire real property and carry out military construction projects for the Army Reserve installations or locations inside the United States, and in the amounts, set forth in the following table: Army Reserve StateInstallation or LocationAmount Florida Gainesville$36,000,000 MassachusettsDevens Reserve Forces Training Area$8,700,000 North CarolinaAsheville$24,000,000 WisconsinFort McCoy$17,100,000
2603.
Authorized Navy Reserve and Marine Corps Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Navy may acquire real property and carry out military construction projects for the Navy Reserve and Marine Corps Reserve installations or locations inside the United States, and in the amounts, set forth in the following table:
Navy Reserve and Marine Corps Reserve
StateInstallation or LocationAmount
MarylandReisterstown$39,500,000
MinnesotaNaval Operational Support Center Minneapolis$12,800,000
UtahHill Air Force Base$25,010,000
2604.
Authorized Air National Guard construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the Air National Guard installations or locations inside the United States, and in the amounts, set forth in the following table: Air National Guard StateInstallation or LocationAmount AlabamaMontgomery Regional Airport$23,600,000 GuamJoint Region Marianas$20,000,000 MarylandJoint Base Andrews$9,400,000 North DakotaHector International Airport$17,500,000 TexasJoint Base San Antonio$10,800,000
2605.
Authorized Air Force Reserve construction and land acquisition projects
Using amounts appropriated pursuant to the authorization of appropriations in section 2606 and available for the National Guard and Reserve as specified in the funding table in section 4601, the Secretary of the Air Force may acquire real property and carry out military construction projects for the installation inside the United States, and in the amount, set forth in the following table:
Air Force Reserve
StateInstallationAmount
TexasJoint Reserve Base Fort Worth$39,200,000
2606.
Authorization of appropriations, National Guard and Reserve
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for the costs of acquisition, architectural and engineering services, and construction of facilities for the Guard and Reserve Forces, and for contributions therefor, under chapter 1803 of title 10, United States Code (including the cost of acquisition of land for those facilities), as specified in the funding table in section 4601.
2607.
Modification of authority to carry out fiscal year 2020 project in Alabama
In the case of the authorization contained in the table in section 2601 of the Military Construction Authorization Act for Fiscal Year 2020 (division B of Public Law 116–92) for Anniston Army Depot, Alabama, for construction of an Enlisted Transient Barracks as specified in the funding table in section 4601 of such Act, the Secretary of the Army may construct a training barracks at Fort McClellan, Alabama.
XXVII
Base realignment and closure activities
2701.
Authorization of appropriations for base realignment and closure activities funded through Department of Defense Base Closure Account
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for base realignment and closure activities, including real property acquisition and military construction projects, as authorized by the Defense Base Closure and Realignment Act of 1990 (part A of title XXIX of Public Law 101–510; 10 U.S.C. 2687 note) and funded through the Department of Defense Base Closure Account established by section 2906 of such Act (as amended by section 2711 of the Military Construction Authorization Act for Fiscal Year 2013 (division B of Public Law 112–239; 126 Stat. 2140)), as specified in the funding table in section 4601.
2702.
Prohibition on conducting additional base realignment and closure (BRAC) round
Nothing in this Act shall be construed to authorize an additional Base Realignment and Closure (BRAC) round.
XXVIII
Military construction and general provisions
A
Military construction program
2801.
Responsibility of Navy for military construction requirements for certain Fleet Readiness Centers
In the case in which a Fleet Readiness Center is a tenant command aboard an installation of the Marine Corps, the Navy shall be responsible for programming, requesting, and executing any military construction requirements for the Fleet Readiness Center.
2802.
Construction of ground-based strategic deterrent launch facilities and launch centers for Air Force
(a)
Authority to carry out projects
Subject to subsections (b) and (d) and within the amount appropriated for such purpose, the Secretary of the Air Force may carry out military construction projects to convert Minuteman III launch facilities and launch centers to ground-based strategic deterrent configurations.
(b)
Master plan
(1)
In general
Prior to the authority under subsection (a) being available for use, the Secretary of the Air Force shall submit to the congressional defense committees a master plan, broken out by year and location, for the planned launch facilities and launch centers to be converted to ground-based strategic deterrent configurations pursuant to a project under this section.
(2)
Spending plan
The master plan submitted under paragraph (1) shall include a spending plan with estimated amounts to be requested with respect to each planned location for conversion to ground-based strategic deterrent configurations.
(c)
Management of design and construction
The Secretary of the Air Force may select a single, prime contractor to manage the design and construction phases of projects carried out under subsection (a).
(d)
Congressional notification
(1)
Report
When a decision is made to carry out a project under subsection (a) and before carrying out such project, the Secretary of the Air Force shall submit to the congressional defense committees a report on that decision.
(2)
Elements
Subject to paragraph (3), the report submitted under paragraph (1) with respect to a project under subsection (a) shall include a justification for carrying out the project and a complete Department of Defense Form 1391 for the project.
(3)
Single submission
The Secretary of the Air Force may group multiple locations at which a project is to be carried out under subsection (a) into a single submission on a Department of Defense Form 1391 to allow all included locations to be considered as a single project.
(e)
Funding
In fiscal year 2021, the Secretary of the Air Force may expend amounts available to the Secretary for research, development, test, and evaluation for the purposes of planning and design to support the projects described in subsection (a).
(f)
Existing authorities
The Secretary of the Air Force shall use existing authorities, as applicable, to carry out this section, including sections 2304 and 2853 of title 10, United States Code.
B
Military family housing
2821.
Prohibition on substandard family housing units
(a)
In general
Subchapter II of chapter 169 of title 10, United States Code, is amended by striking section 2830 and inserting the following new section:
2830.
Prohibition on substandard family housing units
The Secretary concerned may not lease a substandard family housing unit to a member of a uniformed service for occupancy by such member.
.
(b)
Clerical amendment
The table of sections at the beginning of subchapter II of such chapter is amended by striking the item relating to section 2830 and inserting the following new item:
2830. Prohibition on substandard family housing units.
.
(c)
Effective date
The amendments made by this section shall take effect on October 1, 2021.
2822.
Technical corrections to privatized military housing program
(a)
Chief Housing Officer
Section 2890a of title 10, United States Code—
(1) is amended—
(A) in subsection (a)(1), by striking housing units and inserting all military housing; and
(B) in subsection (b)(1), in the matter preceding subparagraph (A), by striking under subchapter IV and this subchapter and inserting by the Department of Defense under this chapter;
(2) is transferred so as to appear at the end of subchapter III of chapter 169 of such title; and
(3) is redesignated as section 2870a.
(b)
Privatized housing reform
Subchapter V of chapter 169 of such title is amended—
(1) in section 2890—
(A) in subsection (b)(15), by striking and held in escrow;
(B) in subsection (e)(2), in the matter preceding subparagraph (A), by inserting a before landlord; and
(C) in subsection (f)(2)—
(i) by striking executed as and inserting “executed—
(A) as
;
(ii) in subparagraph (A), as designated by clause (i), by striking the period at the end and inserting ; or; and
(iii) by adding at the end the following new subparagraph:
(B) to avoid litigation if the tenant has retained legal counsel or has sought military legal assistance under section 1044 of this title.
;
(2) in section 2891—
(A) in subsection (e)—
(i) in paragraph (1)—
(I) in the matter preceding subparagraph (A), by inserting unit after different housing;
(II) in subparagraph (B), by inserting the before tenant; and
(ii) in paragraph (2)(B), by inserting the before tenant;
(3) in section 2891a—
(A) in subsection (b)(2), by adding a period at the end;
(B) in subsection (d)(11)—
(i) by striking A landlord and inserting Upon request by a prospective tenant, a landlord; and
(ii) by striking prospective tenants to housing units and inserting the prospective tenant to a housing unit; and
(C) in subsection (e)(2)(B) by striking the any and inserting any;
(4) in section 2892a—
(A) by striking The Secretary concerned and inserting (a) In general.—The Secretary concerned;
(B) by striking years. In this section and inserting “years.
(b)
Maintenance defined
In this section
;
(C) in subsection (a), as designated by subparagraph (A), by striking housing unit, before the prospective tenant and all that follows through the period at the end and inserting “housing unit—
(1) not later than five business days before the prospective tenant is asked to sign the lease, a summary of maintenance conducted with respect to that housing unit for the previous seven years; and
(2) not later than two business days after requested by the prospective tenant, all information regarding maintenance conducted with respect to that housing unit during such period.
; and
(D) in subsection (b), as designated by subparagraph (B), by striking such period and inserting the period specified in subsection (a)(1);
(5) in section 2893, by striking propensity for and inserting pattern of; and
(6) in section 2894—
(A) in subsection (b), by adding at the end the following new paragraph:
(6) The dispute resolution process shall require the installation or regional commander (as the case may be) to record each dispute in the complaint database established under section 2894a of this title.
;
(B) in subsection (c)—
(i) in paragraph (1), in the matter preceding subparagraph (A), by striking 24 hours and inserting two business days;
(ii) in paragraph (3)—
(I) by inserting business before days; and
(II) by inserting , such office before shall complete;
(iii) in paragraph (4), in the matter preceding subparagraph (A), by inserting , at a minimum, before the following persons;
(iv) in paragraph (5)—
(I) by inserting calendar before days each place it appears; and
(II) in subparagraph (B), by striking 30-day period and inserting 30-calendar-day period; and
(v) by striking paragraph (6) and inserting the following new paragraph (6):
(6) Except as provided in paragraph (5)(B), a final decision shall be transmitted to the tenant, landlord, and the installation or regional commander (as the case may be) not later than 30 calendar days after the request was submitted.
; and
(C) in subsection (e)—
(i) by striking paragraph (3);
(ii) by redesignating paragraph (2) as paragraph (3);
(iii) in paragraph (1), in the matter preceding subparagraph (A), by striking , the tenant may and all that follows through in which— and inserting “regarding maintenance guidelines or procedures or habitability, the tenant may request that all or part of the payments described in paragraph (3) for lease of the housing unit be segregated and not used by the property owner, property manager, or landlord pending completion of the dispute resolution process.
(2) The amount allowed to be withheld under paragraph (1) shall be limited to amounts associated with the period in which—
; and
(iv) in paragraph (3), as redesignated by clause (ii), by striking Paragraph (1) and inserting This subsection.
(c)
Reports
Section 2884(c)(10) of such title is amended by striking specific analysis and all that follows through the period at the end and inserting list of dispute resolution cases by installation and the final outcome of each such case..
(d)
Payment authority
Section 606(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2871 note) is amended—
(1) in paragraph (1)(A), by inserting monthly before payments;
(2) in paragraph (2)(A), by striking payments to and all that follows through subparagraph (C) and inserting monthly payments, under such terms and in such amounts as determined by the Secretary, to one of more lessors responsible for underfunded MHPI housing projects identified pursuant to subparagraph (C) under the jurisdiction of the Secretary; and
(3) in paragraph (3)(B), by inserting that before require.
(e)
Suspension of resident energy conservation program
Section 3063(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended—
(1) by striking on the installation military housing unit; and
(2) by striking on the and inserting covered by a program suspended under subsection (a) on that.
(f)
Clerical amendments
(1)
Chief Housing Officer
(A)
Addition
The table of sections at the beginning of subchapter III of chapter 169 of title 10, United States Code, is amended by inserting after the item relating to section 2870 the following new item:
2870a. Chief Housing Officer.
.
(B)
Repeal
The table of sections at the beginning of subchapter V of chapter 169 of such title is amended by striking the item relating to section 2890a.
(2)
Disclosure of personally identifiable information
The table of sections at the beginning of subchapter V of such title is amended by striking the item relating to section 2892b and inserting the following new item:
2892b. Prohibition on requirement to disclose personally identifiable information in requests for certain maintenance.
.
2823.
Requirement that Secretary of Defense implement recommendations relating to military family housing contained in report by Inspector General of Department of Defense
Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall implement the recommendations of the Inspector General of the Department of Defense contained in the report of the Inspector General dated April 30, 2020, and entitled Evaluation of the DoD's Management of Health and Safety Hazards in Government-Owned and Government-Controlled Military Family Housing.
C
Project management and oversight reforms
2841.
Promotion of energy resilience and energy security in privatized utility systems
(a)
Utility privatization contract renewals
Section 2688(d)(2) of title 10, United States Code, is amended—
(1) in the first sentence, by inserting or the renewal of such a contract after paragraph (1); and
(2) by adding at the end the following new sentence: A renewal of a contract pursuant to this paragraph may be entered into only within the last 5 years of the existing contract term..
(b)
Use of ERCIP funds on privatized utility systems
Section 2914 of such title is amended—
(1) by redesignating subsection (c) as subsection (d); and
(2) by inserting after subsection (b) the following new subsection (c):
(c)
Use of certain other authorities
A project under this section may be—
(1) carried out in conjunction with the authorities provided in subsections (j), and (k) of section 2688 of this title and section 2913 of this title, notwithstanding that the United States does not own a utility system covered by the project; or
(2) included as a separate requirement in a contract entered into pursuant to title VIII of the National Energy Conservation Policy Act (42 U.S.C. 8287 et seq.).
.
2842.
Consideration of energy security and energy resilience in life-cycle cost for military construction
(a)
In general
Subchapter I of chapter 169 of title 10, United States Code, is amended by inserting after section 2815 the following new section:
2816.
Consideration of energy security and energy resilience in life-cycle cost for military construction
(a)
In general
(1) The Secretary concerned, when evaluating the life-cycle designed cost of a covered military construction project, shall include as a facility requirement the long-term consideration of energy security and energy resilience that would ensure that the resulting facility is capable of continuing to perform its missions, during the life of the facility, in the event of a natural or human-caused disaster, an attack, or any other unplanned event that would otherwise interfere with the ability of the facility to perform its missions.
(2) A facility requirement under paragraph (1) shall not be weighed, for cost purposes, against other facility requirements in determining the design of the facility.
(b)
Inclusion in the building life-cycle cost program
The Secretary shall include the requirements of subsection (a) in applying the latest version of the building life-cycle cost program, as developed by the National Institute of Standards and Technology, to consider on-site distributed energy assets in a building design for a covered military construction project.
(c)
Covered military construction project defined
(1) In this section, the term covered military construction project means a military construction project for a facility that is used to perform critical functions during a natural or human-caused disaster, an attack, or any other unplanned event.
(2) For purposes of paragraph (1), the term facility includes any of the following:
(A) Operations centers.
(B) Nuclear command and control facilities.
(C) Integrated strategic and tactical warning and attack assessment facilities.
(D) Continuity of government facilities.
(E) Missile defense facilities.
(F) Air defense facilities.
(G) Hospitals.
(H) Armories and readiness centers of the National Guard.
(I) Communications facilities.
(J) Satellite and missile launch and control facilities.
.
(b)
Clerical amendment
The table of sections at the beginning of subchapter I of such chapter is amended by inserting after the item relating to section 2815 the following new item:
2816. Consideration of energy security and energy resilience in life-cycle cost for military construction.
.
D
Land conveyances
2861.
Renewal of Fallon Range Training Complex land withdrawal and reservation
Notwithstanding section 3015 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 892), the withdrawal and reservation of lands (known as the Fallon Range Training Complex) made by section 3011(a) of such Act (113 Stat. 885) shall terminate on November 6, 2041.
2862.
Renewal of Nevada Test and Training Range land withdrawal and reservation
Notwithstanding section 3015 of the Military Lands Withdrawal Act of 1999 (title XXX of Public Law 106–65; 113 Stat. 892), the withdrawal and reservation of lands (known as the Nevada Test and Training Range) made by section 3011(b) of such Act (113 Stat. 886) shall terminate on November 6, 2041.
2863.
Transfer of land under the administrative jurisdiction of the Department of the Interior within Naval Support Activity Panama City, Florida
(a)
Authority
The Secretary of the Interior shall transfer to the Secretary of the Navy, without consideration, approximately 1.23 acres of land within Naval Support Activity Panama City, Florida, that are used on the day before the date of the enactment of this Act by the Department of the Navy pursuant to Executive Order 10355 (17 Fed. Reg. 4831; relating to delegating to the Secretary of the Interior the authority of the President to withdraw or reserve lands of the United States for public purposes) and the public land order entitled Public Land Order 952 (19 Fed. Reg. 2085 (April 10, 1954)).
(b)
Status of Federal land after transfer
Upon completion of a transfer to the Secretary of the Navy of a parcel of land under subsection (a), the parcel received by the Secretary of the Navy shall cease to be public land and shall be treated as property (as defined in section 102(9) of title 40, United States Code) under the administrative jurisdiction of the Secretary of the Navy.
(c)
Reimbursement
The Secretary of the Navy shall reimburse the Secretary of the Interior for any costs incurred by the Secretary of the Interior for preparing a legal description of the land to be transferred under subsection (a).
2864.
Land conveyance, Camp Navajo, Arizona
(a)
Conveyance authorized
The Secretary of the Army (in this section referred to as the Secretary) may convey, without consideration, to the State of Arizona Department of Emergency and Military Affairs (in this section referred to as the State), all right, title, and interest of the United States in and to a parcel of real property (in this section referred to as the Property), including any improvements thereon, consisting of not more than 3,000 acres at Camp Navajo, Arizona, for the purpose of permitting the State to use the Property for—
(1) training the Arizona Army and Air National Guard; and
(2) defense industrial base economic development purposes that are compatible with the environmental security and primary National Guard training purpose of Camp Navajo.
(b)
Conditions on conveyance
The conveyance authorized by subsection (a) shall be subject to the following conditions:
(1)
Use of revenues
The State shall use all revenues generated by uses of the Property to support the training requirements of the Arizona Army and Air National Guard, to include necessary infrastructure maintenance and capital improvements.
(2)
Audit
The United States Property and Fiscal Office for the State of Arizona shall periodically audit all revenues generated by uses of the Property and all uses of such revenue, and shall provide the audit results to the Chief of the National Guard Bureau.
(c)
Reversionary interest
(1)
In general
If the Secretary determines at any time that the Property is not being used in accordance with the purpose of the conveyance authorized by subsection (a), or that the State has not complied with the conditions specified in subsection (b), all right, title, and interest in and to the Property, including any improvements thereto, shall, at the option of the Secretary, revert to and become the property of the United States, and the United States shall have the right of immediate entry onto the Property.
(2)
Record
A determination by the Secretary under paragraph (1) shall be made on the record after an opportunity for a hearing.
(d)
Alternative consideration option
(1)
Consideration option
In lieu of exercising the reversionary interest under subsection (c), the Secretary may accept an offer by the State to pay to the United States an amount equal to the fair market value of the Property, excluding the value of any improvements on the Property constructed without Federal funds after the date of the conveyance authorized by subsection (a), as determined by the Secretary.
(2)
Treatment of consideration received
Consideration received by the Secretary under paragraph (1) shall be deposited in the special account in the Treasury established for the Secretary under subsection (e) of section 2667 of title 10, United States Code, and shall be available to the Secretary for the same uses and subject to the same limitations as provided in that section.
(e)
Payment of cost of conveyance
(1)
Payment required
(A)
In general
The Secretary shall require the State to cover costs to be incurred by the Secretary, or to reimburse the Secretary for such costs incurred by the Secretary, to carry out the conveyance under subsection (a), including survey costs, costs for environmental documentation related to the conveyance, and any other administrative costs related to the conveyance.
(B)
Refund of excess amounts
If amounts are collected from the State in advance of the Secretary incurring the actual costs, and the amount collected exceeds the costs actually incurred by the Secretary to carry out the conveyance, the Secretary shall refund the excess amount to the State.
(2)
Treatment of amounts received
Amounts received as reimbursement under paragraph (1)(A) shall be credited to the fund or account that was used to cover those costs incurred by the Secretary in carrying out the conveyance or, if the period of availability for obligations for that appropriation has expired, to the appropriations or fund that is currently available to the Secretary for the same purpose. Amounts so credited shall be merged with amounts in such fund or account, and shall be available for the same purposes, and subject to the same conditions and limitations, as amounts in such fund or account.
(f)
Description of property
The exact acreage and legal description of the Property shall be determined by a survey satisfactory to the Secretary.
(g)
Additional terms and conditions
The Secretary may require such additional terms and conditions in connection with the conveyance as the Secretary considers appropriate to protect the interests of the United States.
(h)
Environmental obligations
Nothing in this section shall be construed as alleviating, altering, or affecting the responsibility of the United States for cleanup and remediation of the Property in accordance with—
(1) the Defense Environmental Restoration Program under section 2701(a)(1) of title 10, United States Code; and
(2) the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.).
E
Other matters
2881.
Military family readiness considerations in basing decisions
(a)
Taking of considerations into account required
In determining whether to proceed with any basing decision in the United States after the date of the enactment of this Act, the Secretary of the military department concerned shall take into account, among such other factors as such Secretary considers appropriate, the military family readiness considerations specified in subsection (b).
(b)
Military family readiness considerations
The military family readiness considerations specified in this subsection are the following:
(1)
Interstate portability of professional licensure and certification credentials
The extent to which the State in which the installation subject to the basing decision is or will be located accepts as valid professional licensure and certification credentials obtained in other States, including professional licensure and certification credentials in the following professional fields (and any subfield of such field):
(A) Accounting.
(B) Cosmetology.
(C) Emergency medical service.
(D) Engineering.
(E) Law.
(F) Nursing.
(G) Physical therapy.
(H) Psychology.
(I) Teaching.
(J) Such other professional fields (and subfields of such fields) as the Secretary of Defense shall specify for purposes of this paragraph.
(2)
Public education
The extent to which public education is available and accessible to dependents of members of the Armed Forces in the military housing area in which the installation subject to the basing decision is or will be located, including with respect to the following:
(A) Academic performance of schools, including student-to-teacher ratios and learning rates and graduation rates.
(B) Social climate within schools, including absenteeism rates and suspension rates.
(C) Availability, accessibility, and quality of services, including pre-kindergarten, counselors and mental health support, student-to-nurse ratios, and services for military dependents with special needs as required by law.
(3)
Housing
The extent to which housing (including family housing) that meets Department of Defense requirements is available and accessible to members of the Armed Forces through the private sector in the military housing area in which the installation subject to the basing decision is or will be located.
(4)
Health care
The extent to which primary healthcare and specialty healthcare is available and accessible to dependents of members of the Armed Forces through the private sector in the local community in which the installation subject to the basing decision is or will be located, including care for military dependents with special needs.
(5)
Intergovernmental support
The extent to which the State in which the installation subject to the basing decision is or will be located, and local governments in the vicinity of the installation, have or will have intergovernmental support agreements with the installation for the effective and efficient provision of public services to the installation.
(6)
Other considerations
Such other considerations in connection with military family readiness as the Secretary of Defense shall specify for purposes of this subsection.
(c)
Analytical framework
The Secretary of a military department shall take into account the considerations specified in subsection (b), among such other factors as the Secretary considers appropriate, in determining whether to proceed with a basing decision under subsection (a) using an analytical framework developed by the Secretary for that purpose that uses criteria based on quantitative data available to the Department of Defense and on such reliable quantitative data from sources outside the Department as the Secretary considers appropriate.
(d)
Basing decision scorecard
(1)
In general
Each Secretary of a military department shall establish and maintain a scorecard on military installations under the jurisdiction of such Secretary, and on States and localities in which such installations are or may be located, relevant to the taking into account of the considerations specified in subsection (b) in determinations of such Secretary on basing decisions as required by subsection (a).
(2)
Update
Each Secretary shall update the scorecard required of such Secretary by this subsection not less frequently than once each year in order to keep the information in such scorecard as current as is practicable.
(3)
Availability to public
A current version of each scorecard under this subsection shall be available to the public through an Internet website of the military department concerned that is accessible to the public.
(e)
Briefings
Not later than April 1 of each of 2021, 2022, and 2023, the Secretary of Defense shall brief the Committees on Armed Services of the Senate and the House of Representatives on actions taken pursuant to this section, including a description and assessment of the effect of the taking into account of the considerations specified in subsection (b) on particular basing decisions in the United States during the one-year period ending on the date of the briefing.
(f)
Basing decision defined
In this section, the term basing decision means any of the following:
(1) The establishment of a new mission at a military installation.
(2) The relocation of an existing mission from a military installation to another military installation.
(3) The establishment of a new military installation.
2882.
Prohibition on use of funds to reduce air base resiliency or demolish protected aircraft shelters in the European theater without creating a similar protection from attack
No funds authorized to be appropriated by this Act or any other Act for the Department of Defense may be obligated or expended to implement any activity that reduces air base resiliency or demolishes protected aircraft shelters in the European theater, and the Department may not otherwise implement any such activity, without creating a similar protection from attack in the European theater until such time as the Secretary of Defense certifies to the congressional defense committees that protected aircraft shelters are not required in the European theater.
2883.
Prohibitions relating to closure or returning to host nation of existing bases under the European Consolidation Initiative
(a)
Prohibition on use of funds
No funds authorized to be appropriated by this Act for fiscal year 2021 for the Department of Defense may be obligated or expended to implement any activity that closes or returns to the host nation any existing base under the European Consolidation Initiative.
(b)
Prohibition on closure or return
The Secretary of Defense shall not implement any activity that closes or returns to the host nation any existing base under the European Consolidation Initiative until the Secretary certifies that there is no longer a need for a rotational military presence in the European theater.
2884.
Enhancement of authority to accept conditional gifts of real property on behalf of military museums
Section 2601(e)(1) of title 10, United States Code, is amended by inserting a military museum, after offered to.
2885.
Equal treatment of insured depository institutions and credit unions operating on military installations
Section 2667 of title 10, United States Code, is amended by adding at the end the following:
(l)
Treatment of insured depository institutions
(1) Each covered insured depository institution operating on a military installation within the continental United States may be allotted space or leased land on the military installation without charge for rent or services in the same manner as a credit union organized under State law or a Federal credit union under section 124 of the Federal Credit Union Act (12 U.S.C. 1770) if space is available.
(2) Each covered insured depository institution, credit union organized under State law, and Federal credit union operating on a military installation within the continental United States shall be treated equally with respect to policies of the Department of Defense governing the financial terms of leases, logistical support, services, and utilities.
(3) The Secretary concerned shall not be required to provide no-cost office space or a no-cost land lease to any covered insured depository institution, credit union organized under State law, or Federal credit union.
(4) In this subsection:
(A) The term covered insured depository institution means an insured depository institution that meets the requirements applicable to a credit union organized under State law or a Federal credit union under section 124 of the Federal Credit Union Act (12 U.S.C. 1770). The depositors of an insured depository institution shall be considered members for purposes of the application of this subparagraph to that section.
(B) The term Federal credit union has the meaning given the term in section 101 of the Federal Credit Union Act (12 U.S.C. 1752).
(C) The term insured depository institution has the meaning given the term in section 3 of the Federal Deposit Insurance Act (12 U.S.C. 1813).
.
2886.
Report on operational aviation units impacted by noise restrictions or noise mitigation measures
(a)
Report
Not later than 90 days after the date on which the Secretary of the Air Force or the Secretary of the Navy determines that noise restrictions placed on an operational aviation unit under the jurisdiction of the Secretary concerned prohibit the unit from reaching a combat ready or deployable status or prohibit the maintaining of aircrew currency requirements or required noise mitigation measures become cost prohibitive to the Department of Defense, the Secretary concerned, in consultation with the Secretary of Defense, shall submit to the congressional defense committees a report setting forth—
(1) recommendations to preserve or restore the readiness of such unit; and
(2) appropriate steps to be taken by the Secretary concerned to lower the cost of noise mitigation measures.
(b)
Cost prohibitive
A required noise mitigation measure shall be considered cost prohibitive to the Department of Defense for purposes of subsection (a) if the cost to implement the measure at an installation exceeds 10 percent of the annual budget for the installation for facilities sustainment, restoration, and modernization.
XXIX
Overseas contingency operations military construction
2901.
Authorized Navy construction and land acquisition projects
The Secretary of the Navy may acquire real property and carry out the military construction project for the installation outside the United States, and in the amount, set forth in the following table: Navy: Outside the United States CountryInstallationAmount SpainRota$59,230,000
2902.
Authorized Air Force construction and land acquisition projects
The Secretary of the Air Force may acquire real property and carry out the military construction projects for the installations outside the United States, and in the amounts, set forth in the following table:
Air Force: Outside the United States
CountryInstallationAmount
GermanyRamstein$36,345,000
Spangdahlem Air Base$25,824,000
RomaniaCampia Turzii$130,500,000
2903.
Authorization of appropriations
Funds are hereby authorized to be appropriated for fiscal years beginning after September 30, 2020, for the military construction projects outside the United States authorized by this title as specified in the funding table in section 4602.
2904.
Replenishment of certain military constructions funds
(a)
In general
Of the amount authorized to be appropriated for fiscal year 2021 by section 2903 and available as specified in the funding table in section 4602, $3,600,000,000 shall be available for replenishment of funds that were authorized to be appropriated by military construction authorization Acts for fiscal years before fiscal year 2021 for military construction projects authorized by such Acts, but were used instead for military construction projects authorized by section 2808 of title 10, United States Code, in connection with the national emergency along the southern land border of the United States declared in 2019 pursuant to the National Emergencies Act (50 U.S.C. 1601 et seq.).
(b)
Replenishment by transfer
(1)
In general
Any amounts available under subsection (a) that are used for replenishment of funds as described in that subsection shall be transferred to the account that was the source of such funds.
(2)
Inapplicability toward transfer limitations
Any transfer of amounts under this subsection shall not count toward any limitation on transfer of Department of Defense funds in section 1001 or 1512 or any other limitation on transfer of Department of funds in law.
(3)
Sunset of authority
The authority to make transfers under this subsection shall terminate on September 30, 2021.
(c)
Use of funds
(1)
In general
Amounts transferred under subsection (b) for replenishment of funds as described in subsection (a) may be used only for military construction projects for which such funds were originally authorized in a military construction authorization Act described in subsection (a).
(2)
No increase in authorized amount of projects
The total amount of funds available for a military construction project described in paragraph (1) may not exceed the current amount authorized for such project by applicable military construction authorization Acts (including this Act). A replenishment of funds under this section for a military construction project shall not operate to increase the authorized amount of the project or the amount authorized to be available for the project.
C
DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS
XXXI
DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
A
National Security Programs and Authorizations
3101.
National Nuclear Security Administration
(a)
Authorization of appropriations
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2021 for the activities of the National Nuclear Security Administration in carrying out programs as specified in the funding table in section 4701.
(b)
Authorization of new plant projects
From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out new plant projects for the National Nuclear Security Administration as follows: Project 21–D–510, HE Synthesis, Formulation, and Production, Pantex Plant, Amarillo, Texas, $31,000,000. Project 21–D–511, Savannah River Plutonium Processing Facility, Savannah River Site, Aiken, South Carolina, $241,900,000.Project 21–D–512, Plutonium Pit Production Project, Los Alamos National Laboratory, Los Alamos, New Mexico, $226,000,000.Project 21–D–530, KL Steam and Condensate Upgrades, Knolls Atomic Power Laboratory, Schenectady, New York, $4,000,000.General Plant Project, U1a.03 Test Bed Facility Improvements, Nevada National Security Side, Nevada, $16,000,000.General Plant Project, TA–15 DARHT Hydro Vessel Repair Facility, Los Alamos National Laboratory, New Mexico, $16,500,000.
3102.
Defense environmental cleanup
(a)
Authorization of appropriations
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2021 for defense environmental cleanup activities in carrying out programs as specified in the funding table in section 4701.
(b)
Authorization of new plant projects
From funds referred to in subsection (a) that are available for carrying out plant projects, the Secretary of Energy may carry out, for defense environmental cleanup activities, the following new plant project: Project 21–D–401, Hoisting Capability Project, Waste Isolation Pilot Plant, Carlsbad, New Mexico, $10,000,000.
3103.
Other defense activities
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2021 for other defense activities in carrying out programs as specified in the funding table in section 4701.
3104.
Nuclear energy
Funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2021 for nuclear energy as specified in the funding table in section 4701.
B
Budget of the National Nuclear Security Administration
3111.
Review of adequacy of nuclear weapons budget
(a)
In general
Subtitle A of title XVII of the Atomic Energy Defense Act (50 U.S.C. 2741 et seq.) is amended by adding at the end the following new section:
4717.
Review of adequacy of nuclear weapons budget
(a)
Review of adequacy of Administration budget by Nuclear Weapons Council
(1)
Transmission to Council
The Secretary of Energy shall transmit to the Nuclear Weapons Council (in this section referred to as the Council) a copy of the proposed budget request of the Administration for each fiscal year before that budget request is submitted to the Director of the Office of Management and Budget in relation to the preparation of the budget of the President to be submitted to Congress under section 1105(a) of title 31, United States Code.
(2)
Review and determination of adequacy
(A)
Review
The Council shall review each budget request transmitted to the Council under paragraph (1).
(B)
Determination of adequacy
(i)
Inadequate requests
If the Council determines that a budget request for a fiscal year transmitted to the Council under paragraph (1) is inadequate, in whole or in part, to implement the objectives of the Department of Defense with respect to nuclear weapons for that fiscal year, the Council shall submit to the Secretary of Energy a written description of funding levels and specific initiatives that would, in the determination of the Council, make the budget request adequate to implement those objectives.
(ii)
Adequate requests
If the Council determines that a budget request for a fiscal year transmitted to the Council under paragraph (1) is adequate to implement the objectives described in clause (i) for that fiscal year, the Council shall submit to the Secretary of Energy a written statement confirming the adequacy of the request.
(iii)
Records
The Council shall maintain a record of each description submitted under clause (i) and each statement submitted under clause (ii).
(3)
Department of Energy response
(A)
In general
If the Council submits to the Secretary of Energy a written description under paragraph (2)(B)(i) with respect to the budget request of the Administration for a fiscal year, the Secretary shall include the funding levels and initiatives identified in that description in the budget request before submitting the budget request to the Director of the Office of Management and Budget.
(B)
Summary of changes
The Secretary shall include, as an appendix to the budget request of the Administration submitted to the Director under subparagraph (A)—
(i) a summary of the changes made to the budget request under subparagraph (A); and
(ii) any additional comments the Secretary considers appropriate.
(C)
Transmission to Congress
The Secretary of Energy shall transmit to Congress, with the budget justification materials submitted in support of the Department of Energy budget for a fiscal year (as submitted with the budget of the President under section 1105(a) of title 31, United States Code), a copy of the appendix described in subparagraph (B).
(b)
Review and certification of Department of Energy budget by Nuclear Weapons Council
(1)
In general
At the time the Secretary of Energy submits the budget request of the Department of Energy for that fiscal year to the Director of the Office of Management and Budget in relation to the preparation of the budget of the President, the Secretary shall transmit a copy of the budget request of the Department to the Council.
(2)
Certification
The Council shall—
(A) review the budget request transmitted to the Council under paragraph (1);
(B) based on the review under subparagraph (A), make a determination with respect to whether the budget request includes the funding levels and initiatives described in subsection (a)(2)(B)(i); and
(C) submit to Congress—
(i)
(I) a certification that the budget request is adequate to implement the objectives described in subsection (a)(2)(B)(i); or
(II) a statement that the budget request is not adequate to implement those objectives; and
(ii) a copy of the written description submitted by the Council to the Secretary under subsection (a)(2)(B)(i), if any.
.
(b)
Clerical amendment
The table of contents for such Act is amended by inserting after the item relating to section 4716 the following new item:
Sec. 4717. Review of adequacy of nuclear weapons budget.
.
3112.
Treatment of budget of National Nuclear Security Administration
Section 3251(a) of the National Nuclear Security Administration Act (50 U.S.C. 2451(a)) is amended to read as follows:
(a)
President’s budget
In each budget submitted by the President to Congress under section 1105 of title 31, United States Code, amounts requested for the Administration shall be set forth—
(1) separately within the other amounts requested for the Department of Energy; and
(2) within a separate budget subfunction from other atomic energy defense activities within the Department of Energy.
.
3113.
Responsibility of Administrator for Nuclear Security for ensuring National Nuclear Security Administration budget satisfies nuclear weapons needs of Department of Defense
Section 3252 of the National Nuclear Security Administration Act (50 U.S.C. 2452) is amended by adding at the end the following new subsection:
(d)
Responsibility of Administrator for ensuring Administration budget satisfies Department of Defense needs
Subject to the direction of the President, the Administrator shall, after consultation with the Secretary of Defense, ensure that the budget of the Administration is adequate to satisfy the nuclear weapons needs of the Department of Defense, including the nuclear weapons needs of the United States Strategic Command, the military departments, and other components of the Department of Defense, as appropriate.
.
3114.
Participation of Secretary of Defense in planning, programming, budgeting, and execution process of National Nuclear Security Administration
(a)
In general
Subtitle D of the National Nuclear Security Administration Act (50 U.S.C. 2451 et seq.) is amended by adding at the end the following new section:
3255.
Participation of Secretary of Defense in planning, programming, budgeting, and execution process of Administration
(a)
Guidance with respect to development of budget
(1)
In general
The Secretary of Defense, acting through the Nuclear Weapons Council, shall provide to the Administrator guidance with respect to the development of the budget of the Administration for each fiscal year.
(2)
National strategies
The guidance provided under paragraph (1) shall support the national strategy of the United States as set forth in—
(A) the most recent national defense strategy under section 113(g) of title 10, United States Code; and
(B) the most recent National Military Strategy under section 153(b) of such title.
(b)
Participation in development of budget
The Secretary, acting through the Council, shall participate in the development of the budget of the Administration, including the preparation of the future-years nuclear security program under section 3253.
(c)
Oversight of execution of weapons activities
The Secretary, acting through the Council, shall ensure the effective execution of the activities carried out using amounts available to the Administration for weapons activities.
(d)
Budget of the Administration defined
In this section, the term budget of the Administration means the budget of the Administration for a fiscal year, as submitted to Congress with the budget of the President for that fiscal year under section 1105(a) of title 31, United States Code.
.
(b)
Clerical amendment
The table of contents for the National Nuclear Security Administration Act is amended by inserting after the item relating to section 3254 the following new item:
Sec. 3255. Participation of Secretary of Defense in planning, programming, budgeting, and execution process of Administration.
.
3115.
Requirement for updated planning, programming, budgeting, and execution guidance for National Nuclear Security Administration
(a)
In general
Not later than February 15, 2021, the Administrator for Nuclear Security shall issue updated guidance for the planning, programming, budgeting, and execution process of the National Nuclear Security Administration to replace the guidance issued on December 9, 2019 (document number NAP 130.1).
(b)
Elements
The updated guidance required by subsection (a) shall include the following:
(1) Specification of processes for coordination with the Nuclear Weapons Council under section 179 of title 10, United States Code, and other officials of the Department of Defense at each stage of the planning, programming, budgeting, and execution process of the National Nuclear Security Administration, including coordination between—
(A) the Director for Cost Estimating and Program Evaluation of the Administration and the Director of Cost Assessment and Program Evaluation of the Department;
(B) the Associate Administrator for Management and Budget and the Under Secretary of Defense (Comptroller); and
(C) program managers of the Administration and program managers of the Department.
(2) Participation of appropriate officials of the Department in decisionmaking at each stage of the planning, programming, budgeting, and execution process of the Administration, including participation of the Assistant Secretary of Defense for Nuclear, Chemical, and Biological Defense Programs as a member of the Management Council of the Administration.
(3) Specification of incorporation into the planning, programming, budgeting, and execution process of the Administration of planning documents of the Department of Defense, including the most recent national defense strategy under section 113(g) of title 10, United States Code.
(4) A requirement for the Chairman of the Nuclear Weapons Council to jointly sign, with the Administrator, the planning, programming, and fiscal guidance documents of the Administration.
3116.
Cross-training in budget processes of Department of Defense and National Nuclear Security Administration
(a)
In general
Not later than January 1, 2021, the Secretary of Defense and the Administrator for Nuclear Security shall jointly establish a program to provide for the cross-training of the personnel specified in subsection (b) on the respective budgetary and programming systems and processes of the Department of Defense and the National Nuclear Security Administration.
(b)
Personnel specified
The personnel specified in this subsection are personnel of the following:
(1) The Office of the Under Secretary of Defense (Comptroller).
(2) The Office of Management and Budget of the National Nuclear Security Administration.
(3) The Office of the Director of Cost Assessment and Program Evaluation of the Department of Defense.
(4) The Office of the Director of Cost Estimation and Program Evaluation of the Administration.
(5) The Chairman of the Nuclear Weapons Council established under section 179 of title 10, United States Code.
(6) The Office of Administrator for Nuclear Security.
(c)
Report required
Not later than February 15, 2021, the Secretary and the Administrator shall jointly submit to the congressional defense committees a report on the details of the program required by subsection (a).
C
Personnel matters
3121.
National Nuclear Security Administration Personnel System
(a)
In general
Subtitle C of the National Nuclear Security Administration Act (50 U.S.C. 2441 et seq.) is amended by adding at the end the following new section:
3248.
Alternative personnel system
(a)
In general
The Administrator may adapt the pay banding and performance-based pay adjustment demonstration project carried out by the Administration under the authority provided by section 4703 of title 5, United States Code, into a permanent alternative personnel system for the Administration (to be known as the National Nuclear Security Administration Personnel System) and implement that system with respect to employees of the Administration.
(b)
Modifications
In adapting the demonstration project described in subsection (a) into a permanent alternative personnel system, the Administrator—
(1) may, subject to paragraph (2), revise the requirements and limitations of the demonstration project to the extent necessary; and
(2) shall—
(A) ensure that the permanent alternative personnel system is carried out in a manner consistent with the final plan for the demonstration project published in the Federal Register on December 21, 2007 (72 Fed. Reg. 72776);
(B) ensure that significant changes in the system not take effect until revisions to the plan for the demonstration project are approved by the Office of Personnel Management and published in the Federal Register;
(C) ensure that procedural modifications or clarifications to the final plan for the demonstration project be made through local notification processes;
(D) authorize, and establish incentives for, employees of the Administration to have rotational assignments among different programs of the Administration, the headquarters and field offices of the Administration, and the management and operating contractors of the Administration; and
(E) establish requirements for employees of the Administration who are in the permanent alternative personnel system described in subsection (a) to be promoted to senior-level positions in the Administration, including requirements with respect to—
(i) professional training and continuing education; and
(ii) a certain number and types of rotational assignments under subparagraph (D), as determined by the Administrator.
(c)
Application to Naval Nuclear Propulsion Program
The Director of the Naval Nuclear Propulsion Program established pursuant to section 4101 of the Atomic Energy Defense Act (50 U.S.C. 2511) and section 3216 of this Act may, with the concurrence of the Secretary of the Navy, apply the alternative personnel system under subsection (a) to—
(1) all employees of the Naval Nuclear Propulsion Program in the competitive service (as defined in section 2102 of title 5, United States Code); and
(2) all employees of the Department of Navy who are assigned to the Naval Nuclear Propulsion Program and are in the excepted service (as defined in section 2103 of title 5, United States Code) (other than such employees in statutory excepted service systems).
.
(b)
Briefing
(1)
In general
Not later than 180 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall provide a briefing to the appropriate congressional committees on the implementation of section 3248 of the National Nuclear Security Administration Act, as added by subsection (a).
(2)
Appropriate congressional committees defined
In this subsection, the term appropriate congressional committees means—
(A) the congressional defense committees;
(B) the Committee on Energy and Natural Resources of the Senate and the Committee on Energy and Commerce of the House of Representatives; and
(C) the Committee on Homeland Security and Governmental Affairs of the Senate and the Committee on Oversight and Government Reform of the House of Representatives.
(c)
Conforming amendments
Section 3116 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 131 Stat. 1888; 50 U.S.C. 2441 note prec) is amended—
(1) by striking subsections (a) and (d); and
(2) by redesignating subsections (b) and (c) as subsections (a) and (b), respectively.
(d)
Clerical amendment
The table of contents for the National Nuclear Security Administration Act is amended by inserting after the item relating to section 3247 the following new item:
Sec. 3248. Alternative personnel system.
.
3122.
Inclusion of certain employees and contractors of Department of Energy in definition of public safety officer for purposes of certain death benefits
Section 1204(9) of title I of the Omnibus Crime Control and Safe Streets Act of 1968 (34 U.S.C. 10284(9)) is amended—
(1) in subparagraph (D), by striking or at the end;
(2) in subparagraph (E)(ii), by striking the period at the end and inserting ; or; and
(3) by adding at the end the following:
(F) an employee or contractor of the Department of Energy who—
(i) is—
(I) a nuclear materials courier (as defined in section 8331(27) of title 5, United States Code); or
(II) designated by the Secretary of Energy as a member of an emergency response team; and
(ii) is performing official duties of the Department, pursuant to a deployment order issued by the Secretary, to protect the public, property, or the interests of the United States by—
(I) assessing, locating, identifying, securing, rendering safe, or disposing of weapons of mass destruction (as defined in section 1403 of the Defense Against Weapons of Mass Destruction Act of 1996 (50 U.S.C. 2302)); or
(II) managing the immediate consequences of a radiological release or exposure.
.
3123.
Reimbursement for liability insurance for nuclear materials couriers
Section 636(c)(2) of division A of the Treasury, Postal Service, and General Government Appropriations Act, 1997 (Public Law 104–208; 5 U.S.C. prec. 5941 note) is amended by striking or under and all that follows and inserting the following: a special agent under section 203 of the Omnibus Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C. 4823), or a nuclear materials courier (as defined in section 8331(27) of such title 5);.
3124.
Transportation and moving expenses for immediate family of deceased nuclear materials couriers
Section 5724d(c)(1) of title 5, United States Code, is amended—
(1) in subparagraph (B), by striking ; and and inserting a semicolon; and
(2) by adding at the end the following:
(D) any nuclear materials courier, as defined in section 8331(27); and
.
3125.
Extension of authority for appointment of certain scientific, engineering, and technical personnel
Section 4601(c) of the Atomic Energy Defense Act (50 U.S.C. 2701(c)) is amended by striking September 30, 2020 and inserting September 30, 2021.
D
Cybersecurity
3131.
Reporting on penetrations of networks of contractors and subcontractors
(a)
In general
Subtitle A of title XLV of the Atomic Energy Defense Act (50 U.S.C. 2651 et seq.) is amended by adding at the end the following new section:
4511.
Reporting on penetrations of networks of contractors and subcontractors
(a)
Procedures for reporting penetrations
The Administrator shall establish procedures that require each contractor and subcontractor to report to the Chief Information Officer when a covered network of the contractor or subcontractor that meets the criteria established pursuant to subsection (b) is successfully penetrated.
(b)
Establishment of criteria for covered networks
(1)
In general
The Administrator shall, in consultation with the officials specified in paragraph (2), establish criteria for covered networks to be subject to the procedures for reporting penetrations under subsection (a).
(2)
Officials specified
The officials specified in this paragraph are the following officials of the Administration:
(A) The Deputy Administrator for Defense Programs.
(B) The Associate Administrator for Acquisition and Project Management.
(C) The Chief Information Officer.
(D) Any other official of the Administration the Administrator considers necessary.
(c)
Procedure requirements
(1)
Rapid reporting
(A)
In general
The procedures established pursuant to subsection (a) shall require each contractor or subcontractor to submit to the Chief Information Officer a report on each successful penetration of a covered network of the contractor or subcontractor that meets the criteria established pursuant to subsection (b) not later than 60 days after the discovery of the successful penetration.
(B)
Elements
Subject to subparagraph (C), each report required by subparagraph (A) with respect to a successful penetration of a covered network of a contractor or subcontractor shall include the following:
(i) A description of the technique or method used in such penetration.
(ii) A sample of the malicious software, if discovered and isolated by the contractor or subcontractor, involved in such penetration.
(iii) A summary of information created by or for the Administration in connection with any program of the Administration that has been potentially compromised as a result of such penetration.
(C)
Avoidance of delays in reporting
If a contractor or subcontractor is not able to obtain all of the information required by subparagraph (B) to be included in a report required by subparagraph (A) by the date that is 60 days after the discovery of a successful penetration of a covered network of the contractor or subcontractor, the contractor or subcontractor shall—
(i) include in the report all information available as of that date; and
(ii) provide to the Chief Information Officer the additional information required by subparagraph (B) as the information becomes available.
(2)
Access to equipment and information by Administration personnel
Concurrent with the establishment of the procedures pursuant to subsection (a), the Administrator shall establish procedures to be used if information owned by the Administration was in use during or at risk as a result of the successful penetration of a covered network—
(A) in order to—
(i) in the case of a penetration of a covered network of a management and operating contractor, enhance the access of personnel of the Administration to Government-owned equipment and information; and
(ii) in the case of a penetration of a covered network of a contractor or subcontractor that is not a management and operating contractor, facilitate the access of personnel of the Administration to the equipment and information of the contractor or subcontractor; and
(B) which shall—
(i) include mechanisms for personnel of the Administration to, upon request, obtain access to equipment or information of a contractor or subcontractor necessary to conduct forensic analysis in addition to any analysis conducted by the contractor or subcontractor;
(ii) provide that a contractor or subcontractor is only required to provide access to equipment or information as described in clause (i) to determine whether information created by or for the Administration in connection with any program of the Administration was successfully exfiltrated from a network of the contractor or subcontractor and, if so, what information was exfiltrated; and
(iii) provide for the reasonable protection of trade secrets, commercial or financial information, and information that can be used to identify a specific person.
(3)
Dissemination of information
The procedures established pursuant to subsection (a) shall allow for limiting the dissemination of information obtained or derived through such procedures so that such information may be disseminated only to entities—
(A) with missions that may be affected by such information;
(B) that may be called upon to assist in the diagnosis, detection, or mitigation of cyber incidents;
(C) that conduct counterintelligence or law enforcement investigations; or
(D) for national security purposes, including cyber situational awareness and defense purposes.
(d)
Definitions
In this section:
(1)
Chief Information Officer
The term Chief Information Officer means the Associate Administrator for Information Management and Chief Information Officer of the Administration.
(2)
Contractor
The term contractor means a private entity that has entered into a contract or contractual action of any kind with the Administration to furnish supplies, equipment, materials, or services of any kind.
(3)
Covered network
The term covered network includes any network or information system that accesses, receives, or stores—
(A) classified information; or
(B) sensitive unclassified information germane to any program of the Administration, as determined by the Administrator.
(4)
Subcontractor
The term subcontractor means a private entity that has entered into a contract or contractual action with a contractor or another subcontractor to furnish supplies, equipment, materials, or services of any kind in connection with another contract in support of any program of the Administration.
.
(b)
Clerical amendment
The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4510 the following new item:
Sec. 4511. Reporting on penetrations of networks of contractors and subcontractors.
.
3132.
Clarification of responsibility for cybersecurity of National Nuclear Security Administration facilities
(a)
Establishment of Chief Information Officer
Subtitle B of the National Nuclear Security Administration Act (50 U.S.C. 2421 et seq.) is amended by adding at the end the following new section:
3237.
Chief Information Officer
There is within the Administration a Chief Information Officer, who shall be—
(1) appointed by the Administrator; and
(2) responsible for the development and implementation of cybersecurity for all facilities of the Administration.
.
(b)
Conforming amendment
Section 3232(b)(3) of the National Nuclear Security Administration Act (50 U.S.C. 2422(b)(3)) is amended by striking and cyber.
(c)
Clerical amendment
The table of contents for the National Nuclear Security Administration Act is amended by inserting after the item relating to section 3236 the following new item:
Sec. 3237. Chief Information Officer.
.
E
Defense Environmental Cleanup
3141.
Public statement of environmental liabilities for facilities undergoing defense environmental cleanup
(a)
In general
Subtitle A of title XLIV of the Atomic Energy Defense Act (50 U.S.C. 2581 et seq.) is amended by adding at the end the following new section:
4410.
Public statement of environmental liabilities
Each year, at the same time that the Department of Energy submits its annual financial report under section 3516 of title 31, United States Code, the Secretary of Energy shall make available to the public a statement of environmental liabilities, as calculated for the most recent audited financial statement of the Department under section 3515 of that title, for each defense nuclear facility at which defense environmental cleanup activities are occurring.
.
(b)
Clerical amendment
The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4409 the following new item:
Sec. 4410. Public statement of environmental liabilities.
.
3142.
Inclusion of missed milestones in future-years defense environmental cleanup plan
Section 4402A(b)(3) of the Atomic Energy Defense Act (50 U.S.C. 2582A(b)(3)) is amended by adding at the end the following:
(D) For any milestone that has been missed, renegotiated, or postponed, a statement of the current milestone, the original milestone, and any interim milestones.
.
3143.
Classification of defense environmental cleanup as capital asset projects or operations activities
(a)
In general
The Assistant Secretary of Energy for Environmental Management, in consultation with other appropriate officials of the Department of Energy, shall establish requirements for the classification of defense environmental cleanup projects as capital asset projects or operations activities.
(b)
Report required
Not later than March 1, 2021, the Assistant Secretary shall submit to the congressional defense committees a report—
(1) setting forth the requirements established under subsection (a); and
(2) assessing whether any ongoing defense environmental cleanup projects should be reclassified based on those requirements.
3144.
Continued analysis of approaches for supplemental treatment of low-activity waste at Hanford Nuclear Reservation
(a)
In general
Not later than 120 days after the date of the enactment of this Act, the Secretary of Energy shall enter into an arrangement with a federally funded research and development center to conduct a follow-on analysis to the analysis required by section 3134 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2769) with respect to approaches for treating the portion of low-activity waste at the Hanford Nuclear Reservation, Richland, Washington, intended for supplemental treatment.
(b)
Comparison of alternatives to aid decisionmaking
The analysis required by subsection (a) shall be designed, to the greatest extent possible, to provide decisionmakers with the ability to make a direct comparison between approaches for the supplemental treatment of low-activity waste at the Hanford Nuclear Reservation based on criteria that are relevant to decisionmaking and most clearly differentiate between approaches.
(c)
Elements
The analysis required by subsection (a) shall include an assessment of the following:
(1) The most effective potential technology for supplemental treatment of low-activity waste that will produce an effective waste form, including an assessment of the following:
(A) The maturity and complexity of the technology.
(B) The extent of previous use of the technology.
(C) The life cycle costs and duration of use of the technology.
(D) The effectiveness of the technology with respect to immobilization.
(E) The performance of the technology expected under permanent disposal.
(2) The differences among approaches for the supplemental treatment of low-activity waste considered as of the date of the analysis.
(3) The compliance of such approaches with the technical standards described in section 3134(b)(2)(D) of section 3134 of the National Defense Authorization Act for Fiscal Year 2017.
(4) The differences among potential disposal sites for the waste form produced through such treatment, including mitigation of radionuclides, including technetium-99, selenium-79, and iodine-129, on a system level.
(5) Potential modifications to the design of facilities to enhance performance with respect to disposal of the waste form to account for the following:
(A) Regulatory compliance.
(B) Public acceptance.
(C) Cost.
(D) Safety.
(E) The expected radiation dose to maximally exposed individuals over time.
(F) Differences among disposal environments.
(6) Approximately how much and what type of pretreatment is needed to meet regulatory requirements regarding long-lived radionuclides and hazardous chemicals to reduce disposal costs for radionuclides described in paragraph (4).
(7) Whether the radionuclides can be left in the waste form or economically removed and bounded at a system level by the performance assessment of a potential disposal site and, if the radionuclides cannot be left in the waste form, how to account for the secondary waste stream.
(8) Other relevant factors relating to the technology described in paragraph (1), including the following:
(A) The costs and risks in delays with respect to tank performance over time.
(B) Consideration of experience with treatment methods at other sites and commercial facilities.
(C) Outcomes of the test bed initiative of the Office of Environmental Management at the Hanford Nuclear Reservation.
(d)
Review, consultation, submission, and limitations
The provision of subsections (c) through (f) of section 3134 of the National Defense Authorization Act for Fiscal Year 2017 shall apply with respect to the analysis required by subsection (a) to the same extent and in the same manner that such provisions applied with respect to the analysis required by subsection (a) of such section 3134, except that subsection (e) of such section shall be applied and administered by substituting the date of the enactment of the National Defense Authorization Act for Fiscal Year 2021 for the date of the enactment of this Act each place it appears.
F
Other Matters
3151.
Modifications to enhanced procurement authority to manage supply chain risk
Section 4806 of the Atomic Energy Defense Act (50 U.S.C. 2786) is amended—
(1) in subsections (a) and (c), by inserting or special exclusion action after covered procurement action each place it appears;
(2) by redesignating subsections (e) and (f) as subsections (f) and (g), respectively;
(3) by inserting after subsection (d) the following new subsection (e):
(e)
Delegation of authority
The Secretary may delegate the authority under this section to—
(1) in the case of the Administration, the Administrator; and
(2) in the case of any other component of the Department of Energy, the Senior Procurement Executive of the Department.
; and
(4) in subsection (f), as redesignated by paragraph (2)—
(A) by redesignating paragraph (6) as paragraph (7); and
(B) by inserting after paragraph (5) the following new paragraph (6):
(6)
Special exclusion action
The term special exclusion action means an action to prohibit, for a period not to exceed two years, the award of any contracts or subcontracts by the Administration or any other component of the Department of Energy related to any covered system to a source the Secretary determines to represent a supply chain risk.
.
3152.
Laboratory- or production facility-directed research and development programs
(a)
In general
Section 4811 of the Atomic Energy Defense Act (50 U.S.C. 2791) is amended to read as follows:
4811.
Laboratory- or production facility-directed research and development programs
(a)
Authority
The directors of the national security laboratories and the nuclear weapons production facilities are authorized to carry out laboratory- or production facility-directed research and development.
(b)
Regulations
The Administrator shall prescribe regulations for the conduct of laboratory- or production facility-directed research and development at the national security laboratories and the nuclear weapons production facilities.
(c)
Funding
Of the funds provided by the Administration to a national security laboratory or nuclear weapons production facility for national security activities, the Administrator shall provide a specific amount, of not less than 5 percent and not more than 7 percent of such funds, to be used by the laboratory or facility for laboratory- or production facility-directed research and development.
(d)
Definition
In this section, the term laboratory- or production facility-directed research and development means research and development work of a creative and innovative nature which, under the regulations prescribed pursuant to subsection (b), is selected by the director of a national security laboratory or nuclear weapons production facility for the purpose of maintaining the vitality of the laboratory or facility in defense-related scientific disciplines.
.
(b)
Clerical amendment
The table of contents for the Atomic Energy Defense Act is amended by striking the item relating to section 4811 and inserting the following new item:
Sec. 4811. Laboratory- or production facility-directed research and development programs.
.
3153.
Prohibition on use of laboratory- or production facility-directed research and development funds for general and administrative overhead costs
Section 4811 of the Atomic Energy Defense Act (50 U.S.C. 2791), as amended by section 3152, is further amended—
(1) by redesignating subsection (d) as subsection (e); and
(2) by inserting after subsection (c) the following new subsection (d):
(d)
Prohibition on use of funds for overhead
Funds provided to a national security laboratory or nuclear weapons production facility for laboratory- or production facility-directed research and development may not be used to cover the costs of general and administrative overhead for the laboratory or facility.
.
3154.
Monitoring of industrial base for nuclear weapons components, subsystems, and materials
(a)
Designation of official
Not later than March 1, 2021, the Administrator for Nuclear Security shall designate a senior official within the National Nuclear Security Administration to be responsible for monitoring the industrial base that supports the nuclear weapons components, subsystems, and materials of the Administration, including—
(1) the consistent monitoring of the current status of the industrial base;
(2) tracking of industrial base issues over time; and
(3) proactively identifying gaps or risks in specific areas relating to the industrial base.
(b)
Provision of resources
The Administrator shall ensure that the official designated under subsection (a) is provided with resources sufficient to conduct the monitoring required by that subsection.
(c)
Consultations
The Administrator, acting through the official designated under subsection (a), shall, to the extent practicable and beneficial, in conducting the monitoring required by that subsection, consult with—
(1) officials of the Department of Defense who are members of the Nuclear Weapons Council established under section 179 of title 10, United States Code;
(2) officials of the Department of Defense responsible for the defense industrial base; and
(3) other components of the Department of Energy that rely on similar components, subsystems, or materials.
(d)
Briefings
(1)
Initial briefing
Not later than April 1, 2021, the Administrator shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the designation of the official required by subsection (a), including on—
(A) the responsibilities assigned to that official; and
(B) the plan for providing that official with resources sufficient to conduct the monitoring required by subsection (a).
(2)
Subsequent briefings
Not later than April 1, 2022, and annually thereafter through 2024, the Administrator shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on activities carried out under this section that includes an assessment of the progress made by the official designated under subsection (a) in conducting the monitoring required by that subsection.
3155.
Prohibition on use of funds for advanced naval nuclear fuel system based on low-enriched uranium
(a)
In general
None of the funds authorized to be appropriated for the National Nuclear Security Administration for fiscal year 2021 may be obligated or expended to conduct research and development of an advanced naval nuclear fuel system based on low-enriched uranium until the following certifications are submitted to the congressional defense committees:
(1) A joint certification of the Secretary of Energy and the Secretary of Defense that the determination made by the Secretary of Energy and the Secretary of the Navy pursuant to section 3118(c)(1) of the National Defense Authorization Act for Fiscal Year 2016 (Public Law 114–92; 129 Stat. 1196) and submitted to the congressional defense committees on March 25, 2018, that the United States should not pursue such research and development, no longer reflects the policy of the United States.
(2) A certification of the Secretary of the Navy that an advanced naval nuclear fuel system based on low-enriched uranium would not reduce vessel capability, increase expense, or reduce operational availability as a result of refueling requirements.
(b)
Report required
Not later than 60 days after the date of the enactment of this Act, the Administrator for Nuclear Security shall submit to the congressional defense committees a report on activities conducted using amounts made available for fiscal year 2020 for nonproliferation fuels development, including a description of progress made toward technological or nonproliferation goals.
3156.
Authorization of appropriations for W93 nuclear warhead program
In accordance with section 4209(a)(1)(B) of the Atomic Energy Defense Act (50 U.S.C. 2529(a)(1)(B)), funds are hereby authorized to be appropriated to the Department of Energy for fiscal year 2021 for the W93 nuclear warhead program as specified in the funding table in section 4701.
3157.
Review of future of computing beyond exascale at the National Nuclear Security Administration
(a)
In general
The Administrator for Nuclear Security, in consultation with the Secretary of Energy, shall enter into an agreement with the National Academy of Science to review the future of computing beyond exascale computing to meet national security needs at the National Nuclear Security Administration.
(b)
Elements
The review required by subsection (a) shall address the following:
(1) Future computing needs of the National Nuclear Security Administration that exascale computing will not accomplish during the 20 years after the date of the enactment of this Act.
(2) Computing architectures that potentially can meet those needs, including—
(A) classical computing architectures employed as of such date of enactment;
(B) quantum computing architectures and other novel computing architectures;
(C) hybrid combinations of classical and quantum computing architectures; and
(D) other architectures as necessary.
(3) The development of software for the computing architectures described in paragraph (2).
(4) The maturity of the computing architectures described in paragraph (2) and the software described in paragraph (3), with key obstacles that must be overcome for the employment of such architectures and software.
(5) The secure industrial base that exists as of the date of the enactment of this Act to meet the unique needs of computing at the National Nuclear Security Administration, including needs with respect to—
(A) personnel;
(B) microelectronics; and
(C) other appropriate matters.
(c)
Information and clearances
The Administrator shall ensure that personnel of the National Academy of Sciences overseeing the implementation of the agreement required by subsection (a) or conducting the review required by that subsection receive, in a timely manner, access to information and necessary security clearances to enable the conduct of the review.
(d)
Report required
(1)
In general
Not later than 2 years after the date of the enactment of this Act, the National Academy of Sciences shall submit to the congressional defense committees a report on the findings of the review required by subsection (a).
(2)
Form
The report required by paragraph (1) shall be submitted in unclassified form but may include a classified annex.
(e)
Exascale computing defined
In this section, the term exascale computing means computing through the use of a computing machine that performs near or above 10 to the 18th power floating point operations per second.
3158.
Application of requirement for independent cost estimates and reviews to new nuclear weapon systems
Section 4217(b)(1) of the Atomic Energy Defense Act (50 U.S.C. 2537(b)(1)) is amended—
(1) in subparagraph (A)—
(A) in clause (i), by inserting , and each new nuclear weapon system at the completion of phase 2A after phase 6.2A;
(B) in clause (ii), by inserting , and each new nuclear weapon system at the completion of phase 3 after phase 6.3; and
(C) in clause (iii)—
(i) by inserting , and each new nuclear weapon system at the completion of phase 4 after phase 6.4; and
(ii) by inserting or 5, as applicable after phase 6.5; and
(2) in subparagraph (B), by inserting , and each new nuclear weapon system at the completion of phase 2 after phase 6.2.
3159.
Extension and expansion of limitations on importation of uranium from Russian Federation
(a)
In general
Section 3112A of the USEC Privatization Act (42 U.S.C. 2297h–10a) is amended—
(1) in subsection (a)—
(A) by redesignating paragraph (7) as paragraph (8); and
(B) by inserting after paragraph (6) the following:
(7)
Suspension Agreement
The term Suspension Agreement has the meaning given that term in section 3102(13).
;
(2) in subsection (b)—
(A) by striking United States to support and inserting the following: “United States—
(1) to support
;
(B) by striking the period at the end and inserting a semicolon; and
(C) by adding at the end the following:
(2) that reliance on uranium imports raises significant national security concerns;
(3) to revive and strengthen the supply chain for nuclear fuel produced and used in the United States; and
(4) to expand production of nuclear fuel in the United States.
; and
(3) in subsection (c)—
(A) in paragraph (2)—
(i) in the matter preceding subparagraph (A), by striking After and inserting Except as provided in subparagraph (B), after;
(ii) in subparagraph (A)—
(I) in clause (vi), by striking ; and and inserting a semicolon;
(II) in clause (vii), by striking the period at the end and inserting a semicolon; and
(III) by adding at the end the following:
(viii) in calendar year 2021, 422,038 kilograms;
(ix) in calendar year 2022, 415,573 kilograms;
(x) in calendar year 2023, 409,445 kilograms;
(xi) in calendar year 2024, 404,469 kilograms;
(xii) in calendar year 2025, 399,241 kilograms;
(xiii) in calendar year 2026, 393,985 kilograms;
(xiv) in calendar year 2027, 389,656 kilograms;
(xv) in calendar year 2028, 389,656 kilograms;
(xvi) in calendar year 2029, 384,905 kilograms;
(xvii) in calendar year 2030, 375,882 kilograms;
(xviii) in calendar year 2031, 372,171 kilograms;
(xix) in calendar year 2032, 364,694 kilograms;
(xx) in calendar year 2033, 359,353 kilograms;
(xxi) in calendar year 2034, 337,344 kilograms; and
(xxii) in calendar year 2035, 333,296 kilograms.
;
(iii) by redesignating subparagraph (B) as subparagraph (D); and
(iv) by inserting after subparagraph (A) the following:
(B)
Harmonization with Suspension Agreement
(i)
In general
If, not later than December 31, 2020, the Department of Commerce and the Russian Federation finalize an amendment to the Suspension Agreement to extend the Agreement, the import limitations under subparagraph (A) for a calendar year shall be superceded by any export limitations, including the associated calculation parameters, agreed to by the Department of Commerce as part of that amendment.
(ii)
Termination of Suspension Agreement
If the Suspension Agreement terminates or expires, the import limitations specified in subparagraph (A) shall—
(I) take effect on the date on which the Suspension Agreement terminates or expires; and
(II) apply in addition to any antidumping duties imposed pursuant to title VII of the Tariff Act of 1930 (19 U.S.C. 1671 et seq.) with respect to low-enriched uranium produced in the Russian Federation.
(C)
Separative work units requirement
Not more than 25 percent of the quantity of low-enriched uranium produced in the Russian Federation and imported under subparagraph (A) in any year may be imported under contracts other than contracts exclusively for separative work units.
;
(B) in paragraph (3), by striking United States— and all that follows and inserting the following: United States for processing and to be certified for reexportation and not for consumption in the United States.;
(C) in paragraph (5)—
(i) in subparagraph (A)—
(I) by striking reference data and all that follows through 2019 and inserting the following: lower scenario data in the document of the World Nuclear Association entitled Nuclear Fuel Report: Global Scenarios for Demand and Supply Availability 2019–2040. In each of calendar years 2023, 2027, and 2031; and
(II) by striking report or a subsequent report and inserting document;
(ii) by redesignating subparagraphs (B) and (C) as subpagraphs (C) and (D), respectively;
(iii) by inserting after subparagraph (A) the following:
(B)
Report required
Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2021, and every 3 years thereafter, the Secretary shall submit to Congress a report that includes—
(i) a recommendation on the use of all publicly available data to ensure accurate forecasting by scenario data to comport to actual demand for low-enriched uranium for nuclear reactors in the United States; and
(ii) an identification of the steps to be taken to adjust the import limitations described in paragraph (2)(A) based on the most accurate scenario data.
; and
(iv) in subparagraph (D), as redesignated by clause (ii), by striking subparagraph (B) and inserting subparagraph (D);
(D) in paragraph (6), in the matter preceding subparagraph (A), by striking the adjustment under paragraph (5)(A) and inserting any adjustment under paragraph (2)(B) or (5)(A);
(E) in paragraph (7)(A), by striking 0.3 percent and inserting 0.22 percent;
(F) in paragraph (9), by striking 2020 and inserting 2035;
(G) by striking (2)(B) each place it appears and inserting (2)(D); and
(H) in paragraph (12)(B), by inserting or the Suspension Agreement after the Russian HEU Agreement.
(b)
Applicability
The amendments made by subsection (a) apply with respect to uranium imported from the Russian Federation on or after January 1, 2021.
3160.
Integration of stockpile stewardship and nonproliferation missions
(a)
Sense of senate
It is the sense of the Senate that, in recognition of the close relationships between the nuclear weapons expertise and infrastructure of the national security laboratories (as defined in section 4002 of the Atomic Energy Defense Act (50 U.S.C. 2501)), those laboratories should continue to apply their capabilities to assessing, understanding, and countering current and emerging nuclear threats, including the nuclear capabilities of adversaries of the United States.
(b)
Integration
The Secretary of Energy shall ensure that the capabilities of the stockpile stewardship program under section 4201 of the Atomic Energy Defense Act (50 U.S.C. 2521) are available to assess proliferation challenges, nuclear capabilities of adversaries of the United States, and related safeguards.
3161.
Technology development and integration program
The Administrator for Nuclear Security shall establish a technology development and integration program to improve the safety and security of the nuclear weapons stockpile, and to prevent proliferation, through research and development, engineering, and integration of technologies applicable to multiple weapons systems in the stockpile.
3162.
Advanced manufacturing development program
The Administrator for Nuclear Security shall establish an advanced manufacturing development program to focus on the development, demonstration, and deployment of next-generation processes and manufacturing tools to ensure that the nuclear weapons stockpile is safe and secure.
3163.
Materials science program
The Administrator for Nuclear Security shall establish a materials science program to develop new materials to replace materials that are no longer available for weapons sustainment.
3164.
Modifications to Inertial Confinement Fusion Ignition and High Yield Program
(a)
In general
The Inertial Confinement Fusion Ignition and High Yield Program of the National Nuclear Security Administration (in this section referred to as the Program) shall provide the scientific understanding and experimental capabilities required to validate the safety and effectiveness of the nuclear weapons stockpile.
(b)
Recommendations relating to high energy density physics
(1)
Establishment of working group
The Administrator for Nuclear Security shall establish a working group to identify and implement any recommendations issued by the National Academies of Sciences, Engineering, and Medicine as required by section 3137 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).
(2)
Report required
Not later than March 31, 2021, the Administrator shall submit to the congressional defense committees a report on the timelines for completing implementation of the recommendations described in paragraph (1).
3165.
Earned value management program for life extension programs
(a)
In general
Subtitle A of title XLII of the Atomic Energy Defense Act (50 U.S.C. 2521 et seq.) is amended by adding at the end the following new section:
4223.
Earned value management program for life extension programs
(a)
In general
The Administrator shall establish an earned value management program to establish earned value management standards—
(1) to ensure specific benchmarks are set for technology readiness for life extension programs; and
(2) to ensure that appropriate risk mitigation measures are taken to meet the cost and schedule requirements of such programs.
(b)
Review of contractor earned value management systems
The Administrator shall enter into an arrangement with an independent entity under which that entity shall review and determine whether the earned value management standards of contractors of the Administration for life extension programs are consistent with the standards established under subsection (a).
(c)
Reconciliation of cost estimates
The Administrator shall ensure that key decisions of the Administration concerning project milestones in life extension programs are based on a reconciliation of cost estimates of the Administration with any independent cost estimates conducted by the Director of Cost Estimating and Program Evaluation.
.
(b)
Clerical amendment
The table of contents for the Atomic Energy Defense Act is amended by inserting after the item relating to section 4222 the following new item:
Sec. 4223. Earned value management program for life extension programs.
.
3166.
Use of high performance computing capabilities for COVID–19 research
The Secretary of Energy shall make the unclassified high performance computing capabilities of the Department of Energy available for research relating to the coronavirus disease 2019 (commonly known as COVID–19) so long as and to the extent that doing so does not negatively affect the stockpile stewardship mission of the National Nuclear Security Administration.
3167.
Availability of stockpile responsiveness funds for projects to reduce time necessary to execute a nuclear test
From amounts authorized to be appropriated by section 3101 and available, as specified in the funding table in section 4701, for the Stockpile Responsiveness Program under section 4220 of the Atomic Energy Defense Act (50 U.S.C. 2538b), not less than $10,000,000 shall be made available to carry out projects related to reducing the time required to execute a nuclear test if necessary.
XXXII
DEFENSE NUCLEAR FACILITIES SAFETY BOARD
3201.
Authorization
There are authorized to be appropriated for fiscal year 2021, $28,836,000 for the operation of the Defense Nuclear Facilities Safety Board under chapter 21 of the Atomic Energy Act of 1954 (42 U.S.C. 2286 et seq.).
3202.
Nonpublic collaborative discussions by Defense Nuclear Facilities Safety Board
Section 313 of the Atomic Energy Act of 1954 (42 U.S.C. 2286b) is amended by adding at the end the following new subsection:
(k)
Nonpublic collaborative discussions
(1)
In general
Notwithstanding section 552b of title 5, United States Code, a quorum of the members of the Board may hold a meeting that is not open to public observation to discuss official business of the Board if—
(A) no formal or informal vote or other official action is taken at the meeting;
(B) each individual present at the meeting is a member or an employee of the Board;
(C) at least one member of the Board from each political party is present at the meeting, unless all members of the Board are of the same political party at the time of the meeting; and
(D) the general counsel of the Board, or a designee of the general counsel, is present at the meeting.
(2)
Disclosure of nonpublic collaborative discussions
(A)
In general
Except as provided by subparagraph (B), not later than two business days after the conclusion of a meeting described in paragraph (1), the Board shall make available to the public, in a place easily accessible to the public—
(i) a list of the individuals present at the meeting; and
(ii) a summary of the matters, including key issues, discussed at the meeting, except for any matter the Board properly determines may be withheld from the public under section 552b(c) of title 5, United States Code.
(B)
Information about matters withheld from public
If the Board properly determines under subparagraph (A)(ii) that a matter may be withheld from the public under section 552b(c) of title 5, United States Code, the Board shall include in the summary required by that subparagraph as much general information as possible with respect to the matter.
(3)
Rules of construction
Nothing in this subsection may be construed—
(A) to limit the applicability of section 552b of title 5, United States Code, with respect to—
(i) a meeting of the members of the Board other than a meeting described in paragraph (1); or
(ii) any information that is proposed to be withheld from the public under paragraph (2)(A)(ii); or
(B) to authorize the Board to withhold from any individual any record that is accessible to that individual under section 552a of title 5, United States Code.
.
3203.
Improvements to operations of Defense Nuclear Facilities Safety Board
(a)
Mission of Board
Section 312(a) of the Atomic Energy Act of 1954 (42 U.S.C. 2286a(a)) is amended by striking employees and contractors at such facilities and inserting workers at such facilities conducting activities covered by part 830 of title 10, Code of Federal Regulations (or any successor regulation).
(b)
Cooperation
Section 314(a) of the Atomic Energy Act of 1954 (42 U.S.C. 2286c(a)) is amended—
(1) by inserting (1) before Except; and
(2) by adding at the end the following new paragraph:
(2) For purposes of this subsection, the term unfettered access, with respect to a facility or personnel of or information related to a facility, means access equivalent to the access to the facility, personnel, or information provided to a regular employee of the facility, after proper identification and compliance with applicable access control measures for security, radiological protection, and personal safety.
.
XXXV
MARITIME ADMINISTRATION
3501.
Maritime Administration
Section 109 of title 49, United States Code, is amended to read as follows:
109.
Maritime Administration
(a)
Organization and mission
The Maritime Administration is an administration in the Department of Transportation. The mission of the Maritime Administration is to foster, promote, and develop the merchant maritime industry of the United States.
(b)
Maritime Administrator
The head of the Maritime Administration is the Maritime Administrator, who is appointed by the President by and with the advice and consent of the Senate. The Administrator shall report directly to the Secretary of Transportation and carry out the duties prescribed by the Secretary.
(c)
Deputy Maritime Administrator
The Maritime Administration shall have a Deputy Maritime Administrator, who is appointed in the competitive service by the Secretary, after consultation with the Administrator. The Deputy Administrator shall carry out the duties prescribed by the Administrator. The Deputy Administrator shall be Acting Administrator during the absence or disability of the Administrator and, unless the Secretary designates another individual, during a vacancy in the office of Administrator.
(d)
Duties and powers vested in Secretary
All duties and powers of the Maritime Administration are vested in the Secretary.
(e)
Regional offices
The Maritime Administration shall have regional offices for the Atlantic, Gulf, Great Lakes, and Pacific port ranges, and may have other regional offices as necessary. The Secretary shall appoint a qualified individual as Director of each regional office. The Secretary shall carry out appropriate activities and programs of the Maritime Administration through the regional offices.
(f)
Interagency and industry relations
The Secretary shall establish and maintain liaison with other agencies, and with representative trade organizations throughout the United States, concerned with the transportation of commodities by water in the export and import foreign commerce of the United States, for the purpose of securing preference to vessels of the United States for the transportation of those commodities.
(g)
Detailing officers from Armed Forces
To assist the Secretary in carrying out duties and powers relating to the Maritime Administration, not more than five officers of the Armed Forces may be detailed to the Secretary at any one time, in addition to details authorized by any other law. During the period of a detail, the Secretary shall pay the officer an amount that, when added to the officer's pay and allowances as an officer in the Armed Forces, makes the officer's total pay and allowances equal to the amount that would be paid to an individual performing work the Secretary considers to be of similar importance, difficulty, and responsibility as that performed by the officer during the detail.
(h)
Contracts, cooperative agreements, and audits
(1)
Contracts and cooperative agreements
In the same manner that a private corporation may make a contract within the scope of its authority under its charter, the Secretary may make contracts and cooperative agreements for the United States Government and disburse amounts to—
(A) carry out the Secretary's duties and powers under this section, subtitle V of title 46, and all other Maritime Administration programs; and
(B) protect, preserve, and improve collateral held by the Secretary to secure indebtedness.
(2)
Audits
The financial transactions of the Secretary under paragraph (1) shall be audited by the Comptroller General. The Comptroller General shall allow credit for an expenditure shown to be necessary because of the nature of the business activities authorized by this section or subtitle V of title 46. At least once a year, the Comptroller General shall report to Congress any departure by the Secretary from this section or subtitle V of title 46.
(i)
Grant administrative expenses
Except as otherwise provided by law, the administrative and related expenses for the administration of any grant programs by the Maritime Administrator may not exceed 3 percent.
(j)
Authorization of appropriations
(1)
In general
Except as otherwise provided in this subsection, there are authorized to be appropriated such amounts as may be necessary to carry out the duties and powers of the Secretary relating to the Maritime Administration.
(2)
Limitations
Only those amounts specifically authorized by law may be appropriated for the use of the Maritime Administration for—
(A) acquisition, construction, or reconstruction of vessels;
(B) construction-differential subsidies incident to the construction, reconstruction, or reconditioning of vessels;
(C) costs of national defense features;
(D) payments of obligations incurred for operating-differential subsidies;
(E) expenses necessary for research and development activities, including reimbursement of the Vessel Operations Revolving Fund for losses resulting from expenses of experimental vessel operations;
(F) the Vessel Operations Revolving Fund;
(G) National Defense Reserve Fleet expenses;
(H) expenses necessary to carry out part B of subtitle V of title 46; and
(I) other operations and training expenses related to the development of waterborne transportation systems, the use of waterborne transportation systems, and general administration.
.
D
Funding Tables
4001.
Authorization of amounts in funding tables
(a)
In general
Whenever a funding table in this division specifies a dollar amount authorized for a project, program, or activity, the obligation and expenditure of the specified dollar amount for the project, program, or activity is hereby authorized, subject to the availability of appropriations.
(b)
Merit-based decisions
A decision to commit, obligate, or expend funds with or to a specific entity on the basis of a dollar amount authorized pursuant to subsection (a) shall—
(1) be based on merit-based selection procedures in accordance with the requirements of sections 2304(k) and 2374 of title 10, United States Code, or on competitive procedures; and
(2) comply with other applicable provisions of law.
(c)
Relationship to transfer and programming authority
An amount specified in the funding tables in this division may be transferred or reprogrammed under a transfer or reprogramming authority provided by another provision of this Act or by other law. The transfer or reprogramming of an amount specified in such funding tables shall not count against a ceiling on such transfers or reprogrammings under section 1001 or section 1522 of this Act or any other provision of law, unless such transfer or reprogramming would move funds between appropriation accounts.
(d)
Applicability to classified annex
This section applies to any classified annex that accompanies this Act.
(e)
Oral written communications
No oral or written communication concerning any amount specified in the funding tables in this division shall supersede the requirements of this section.
XLI
PROCUREMENT
4101.
PROCUREMENT
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
Line Item FY 2021 Request Senate Authorized
AIRCRAFT PROCUREMENT, ARMY
FIXED WING
2 MQ–1 UAV 0 165,000
Reverse planned temporary procurement pause [165,000]
3 FUTURE UAS FAMILY 1,100 1,100
4 RQ–11 (RAVEN) 20,851 20,851
ROTARY
7 AH–64 APACHE BLOCK IIIA REMAN 792,027 792,027
8 AH–64 APACHE BLOCK IIIA REMAN AP 169,460 169,460
11 UH–60 BLACKHAWK M MODEL (MYP) 742,998 742,998
12 UH–60 BLACKHAWK M MODEL (MYP) AP 87,427 87,427
13 UH–60 BLACK HAWK L AND V MODELS 172,797 172,797
14 CH–47 HELICOPTER 160,750 160,750
15 CH–47 HELICOPTER AP 18,372 18,372
MODIFICATION OF AIRCRAFT
18 UNIVERSAL GROUND CONTROL EQUIPMENT (UAS) 7,509 7,509
19 GRAY EAGLE MODS2 16,280 16,280
20 MULTI SENSOR ABN RECON (MIP) 35,864 35,864
21 AH–64 MODS 118,316 118,316
22 CH–47 CARGO HELICOPTER MODS (MYP) 15,548 35,548
IVCS [20,000]
23 GRCS SEMA MODS (MIP) 2,947 2,947
24 ARL SEMA MODS (MIP) 9,598 9,598
25 EMARSS SEMA MODS (MIP) 2,452 2,452
26 UTILITY/CARGO AIRPLANE MODS 13,868 13,868
27 UTILITY HELICOPTER MODS 25,842 25,842
28 NETWORK AND MISSION PLAN 77,432 77,432
29 COMMS, NAV SURVEILLANCE 101,355 101,355
31 AVIATION ASSURED PNT 54,609 54,609
32 GATM ROLLUP 12,180 12,180
34 UAS MODS 4,204 4,204
GROUND SUPPORT AVIONICS
35 AIRCRAFT SURVIVABILITY EQUIPMENT 49,455 49,455
36 SURVIVABILITY CM 8,035 8,035
37 CMWS 10,567 10,567
38 COMMON INFRARED COUNTERMEASURES (CIRCM) 237,467 237,467
OTHER SUPPORT
39 AVIONICS SUPPORT EQUIPMENT 1,789 1,789
40 COMMON GROUND EQUIPMENT 17,584 17,584
41 AIRCREW INTEGRATED SYSTEMS 48,265 48,265
42 AIR TRAFFIC CONTROL 26,408 26,408
44 LAUNCHER, 2.75 ROCKET 2,256 2,256
45 LAUNCHER GUIDED MISSILE: LONGBOW HELLFIRE XM2 8,982 8,982
TOTAL AIRCRAFT PROCUREMENT, ARMY 3,074,594 3,259,594
MISSILE PROCUREMENT, ARMY
SURFACE-TO-AIR MISSILE SYSTEM
2 M-SHORAD—PROCUREMENT 378,654 378,654
3 MSE MISSILE 603,188 779,773
Transfer missiles from EDI OCO [176,585]
4 PRECISION STRIKE MISSILE (PRSM) 49,941 49,941
5 INDIRECT FIRE PROTECTION CAPABILITY INC 2–I 106,261 65,761
Army-identified funding early to need [–40,500]
AIR-TO-SURFACE MISSILE SYSTEM
6 HELLFIRE SYS SUMMARY 91,225 91,225
7 JOINT AIR-TO-GROUND MSLS (JAGM) 213,397 213,397
8 LONG RANGE PRECISION MUNITION 45,307 45,307
ANTI-TANK/ASSAULT MISSILE SYS
9 JAVELIN (AAWS-M) SYSTEM SUMMARY 190,325 190,325
10 TOW 2 SYSTEM SUMMARY 121,074 121,074
11 GUIDED MLRS ROCKET (GMLRS) 850,157 850,157
12 MLRS REDUCED RANGE PRACTICE ROCKETS (RRPR) 30,836 30,836
13 HIGH MOBILITY ARTILLERY ROCKET SYSTEM (HIMARS 41,226 41,226
MODIFICATIONS
16 PATRIOT MODS 278,050 278,050
17 ATACMS MODS 141,690 141,690
20 AVENGER MODS 13,942 13,942
21 ITAS/TOW MODS 5,666 5,666
22 MLRS MODS 310,419 310,419
23 HIMARS MODIFICATIONS 6,081 6,081
SPARES AND REPAIR PARTS
24 SPARES AND REPAIR PARTS 5,090 5,090
SUPPORT EQUIPMENT & FACILITIES
25 AIR DEFENSE TARGETS 8,978 8,978
TOTAL MISSILE PROCUREMENT, ARMY 3,491,507 3,627,592
PROCUREMENT OF W&TCV, ARMY
TRACKED COMBAT VEHICLES
2 ARMORED MULTI PURPOSE VEHICLE (AMPV) 192,971 172,971
Program decrease [–20,000]
MODIFICATION OF TRACKED COMBAT VEHICLES
4 STRYKER UPGRADE 847,212 847,212
5 BRADLEY PROGRAM (MOD) 493,109 473,109
UBIS slip [–20,000]
6 M109 FOV MODIFICATIONS 26,893 26,893
7 PALADIN INTEGRATED MANAGEMENT (PIM) 435,825 435,825
9 ASSAULT BRIDGE (MOD) 5,074 5,074
10 ASSAULT BREACHER VEHICLE 19,500 19,500
11 M88 FOV MODS 18,382 13,382
Unjustified growth [–5,000]
12 JOINT ASSAULT BRIDGE 72,178 61,678
IOTE and testing delay [–10,500]
13 M1 ABRAMS TANK (MOD) 392,013 392,013
14 ABRAMS UPGRADE PROGRAM 1,033,253 1,033,253
WEAPONS & OTHER COMBAT VEHICLES
16 MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S 17,864 17,864
18 MORTAR SYSTEMS 10,288 10,288
19 XM320 GRENADE LAUNCHER MODULE (GLM) 5,969 5,969
20 PRECISION SNIPER RIFLE 10,137 10,137
21 COMPACT SEMI-AUTOMATIC SNIPER SYSTEM 999 999
22 CARBINE 7,411 7,411
23 NEXT GENERATION SQUAD WEAPON 35,822 35,822
24 COMMON REMOTELY OPERATED WEAPONS STATION 24,534 24,534
25 HANDGUN 4,662 4,662
MOD OF WEAPONS AND OTHER COMBAT VEH
26 MK–19 GRENADE MACHINE GUN MODS 6,444 6,444
27 M777 MODS 10,983 10,983
28 M4 CARBINE MODS 4,824 4,824
31 M240 MEDIUM MACHINE GUN MODS 6,385 6,385
32 SNIPER RIFLES MODIFICATIONS 1,898 1,898
33 M119 MODIFICATIONS 2,009 2,009
34 MORTAR MODIFICATION 1,689 1,689
35 MODIFICATIONS LESS THAN $5.0M (WOCV-WTCV) 2,604 2,604
SUPPORT EQUIPMENT & FACILITIES
36 ITEMS LESS THAN $5.0M (WOCV-WTCV) 2,763 2,763
37 PRODUCTION BASE SUPPORT (WOCV-WTCV) 3,045 3,045
TOTAL PROCUREMENT OF W&TCV, ARMY 3,696,740 3,641,240
PROCUREMENT OF AMMUNITION, ARMY
SMALL/MEDIUM CAL AMMUNITION
1 CTG, 5.56MM, ALL TYPES 68,472 68,472
2 CTG, 7.62MM, ALL TYPES 109,933 109,933
3 NEXT GENERATION SQUAD WEAPON AMMUNITION 11,988 11,988
4 CTG, HANDGUN, ALL TYPES 853 853
5 CTG, .50 CAL, ALL TYPES 58,280 58,280
6 CTG, 20MM, ALL TYPES 31,708 31,708
7 CTG, 25MM, ALL TYPES 9,111 9,111
8 CTG, 30MM, ALL TYPES 58,172 58,172
9 CTG, 40MM, ALL TYPES 114,638 114,638
MORTAR AMMUNITION
10 60MM MORTAR, ALL TYPES 31,222 31,222
11 81MM MORTAR, ALL TYPES 42,857 42,857
12 120MM MORTAR, ALL TYPES 107,762 107,762
TANK AMMUNITION
13 CARTRIDGES, TANK, 105MM AND 120MM, ALL TYPES 233,444 233,444
ARTILLERY AMMUNITION
14 ARTILLERY CARTRIDGES, 75MM & 105MM, ALL TYPES 35,963 35,963
15 ARTILLERY PROJECTILE, 155MM, ALL TYPES 293,692 293,692
16 PROJ 155MM EXTENDED RANGE M982 69,159 69,159
17 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL 232,913 232,913
MINES
18 MINES & CLEARING CHARGES, ALL TYPES 65,278 65,278
19 CLOSE TERRAIN SHAPING OBSTACLE 4,995 4,995
ROCKETS
20 SHOULDER LAUNCHED MUNITIONS, ALL TYPES 69,112 69,112
21 ROCKET, HYDRA 70, ALL TYPES 125,915 125,915
OTHER AMMUNITION
22 CAD/PAD, ALL TYPES 8,891 8,891
23 DEMOLITION MUNITIONS, ALL TYPES 54,043 54,043
24 GRENADES, ALL TYPES 28,931 28,931
25 SIGNALS, ALL TYPES 27,036 27,036
26 SIMULATORS, ALL TYPES 10,253 10,253
MISCELLANEOUS
27 AMMO COMPONENTS, ALL TYPES 3,476 3,476
29 ITEMS LESS THAN $5 MILLION (AMMO) 10,569 10,569
30 AMMUNITION PECULIAR EQUIPMENT 12,338 12,338
31 FIRST DESTINATION TRANSPORTATION (AMMO) 15,908 15,908
32 CLOSEOUT LIABILITIES 99 99
PRODUCTION BASE SUPPORT
33 INDUSTRIAL FACILITIES 592,224 592,224
34 CONVENTIONAL MUNITIONS DEMILITARIZATION 235,112 235,112
35 ARMS INITIATIVE 3,369 3,369
TOTAL PROCUREMENT OF AMMUNITION, ARMY 2,777,716 2,777,716
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
1 TACTICAL TRAILERS/DOLLY SETS 12,986 12,986
2 SEMITRAILERS, FLATBED: 31,443 31,443
3 SEMITRAILERS, TANKERS 17,082 17,082
4 HI MOB MULTI-PURP WHLD VEH (HMMWV) 44,795 44,795
5 GROUND MOBILITY VEHICLES (GMV) 37,932 37,932
8 JOINT LIGHT TACTICAL VEHICLE FAMILY OF VEHICL 894,414 894,414
9 TRUCK, DUMP, 20T (CCE) 29,368 29,368
10 FAMILY OF MEDIUM TACTICAL VEH (FMTV) 95,092 95,092
11 FAMILY OF COLD WEATHER ALL-TERRAIN VEHICLE (C 999 999
12 FIRETRUCKS & ASSOCIATED FIREFIGHTING EQUIP 27,687 27,687
14 PLS ESP 21,969 21,969
15 HVY EXPANDED MOBILE TACTICAL TRUCK EXT SERV 65,635 65,635
16 HMMWV RECAPITALIZATION PROGRAM 5,927 5,927
17 TACTICAL WHEELED VEHICLE PROTECTION KITS 36,497 36,497
18 MODIFICATION OF IN SVC EQUIP 114,977 114,977
NON-TACTICAL VEHICLES
20 PASSENGER CARRYING VEHICLES 1,246 1,246
21 NONTACTICAL VEHICLES, OTHER 19,870 19,870
COMM—JOINT COMMUNICATIONS
22 SIGNAL MODERNIZATION PROGRAM 160,469 160,469
23 TACTICAL NETWORK TECHNOLOGY MOD IN SVC 360,379 365,379
MDTF scalable node equipment [5,000]
24 SITUATION INFORMATION TRANSPORT 63,396 63,396
26 JCSE EQUIPMENT (USRDECOM) 5,170 5,170
COMM—SATELLITE COMMUNICATIONS
29 DEFENSE ENTERPRISE WIDEBAND SATCOM SYSTEMS 101,498 101,498
30 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS 72,450 74,850
AFRICOM force protection upgrades [1,000]
MDTF support requirements [1,400]
31 SHF TERM 13,173 13,173
32 ASSURED POSITIONING, NAVIGATION AND TIMING 134,928 134,928
33 SMART-T (SPACE) 8,611 8,611
34 GLOBAL BRDCST SVC—GBS 8,191 8,191
COMM—C3 SYSTEM
36 COE TACTICAL SERVER INFRASTRUCTURE (TSI) 94,871 94,871
COMM—COMBAT COMMUNICATIONS
37 HANDHELD MANPACK SMALL FORM FIT (HMS) 550,848 552,348
AFRICOM force protection upgrades [1,500]
38 RADIO TERMINAL SET, MIDS LVT(2) 8,237 8,237
41 SPIDER FAMILY OF NETWORKED MUNITIONS INCR 13,967 0
Program cancelation [–13,967]
43 UNIFIED COMMAND SUITE 19,579 19,579
44 COTS COMMUNICATIONS EQUIPMENT 94,156 94,156
45 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE 18,313 18,313
46 ARMY COMMUNICATIONS & ELECTRONICS 51,480 51,480
COMM—INTELLIGENCE COMM
48 CI AUTOMATION ARCHITECTURE (MIP) 13,146 13,146
49 DEFENSE MILITARY DECEPTION INITIATIVE 5,624 5,624
INFORMATION SECURITY
51 INFORMATION SYSTEM SECURITY PROGRAM-ISSP 4,596 4,596
52 COMMUNICATIONS SECURITY (COMSEC) 159,272 159,272
53 DEFENSIVE CYBER OPERATIONS 54,753 55,653
MDTF cyber defense and EW tools [900]
54 INSIDER THREAT PROGRAM—UNIT ACTIVITY MONITO 1,760 1,760
56 ITEMS LESS THAN $5M (INFO SECURITY) 260 260
COMM—LONG HAUL COMMUNICATIONS
57 BASE SUPPORT COMMUNICATIONS 29,761 30,761
AFRICOM UFR force protection upgrades [1,000]
COMM—BASE COMMUNICATIONS
58 INFORMATION SYSTEMS 147,696 147,696
59 EMERGENCY MANAGEMENT MODERNIZATION PROGRAM 4,900 4,900
60 HOME STATION MISSION COMMAND CENTERS (HSMCC) 15,227 15,227
61 JOINT INFORMATION ENVIRONMENT (JIE) 3,177 3,177
62 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM 300,035 300,035
ELECT EQUIP—TACT INT REL ACT (TIARA)
65 JTT/CIBS-M (MIP) 5,304 5,304
66 TERRESTRIAL LAYER SYSTEMS (TLS) (MIP) 8,081 8,081
68 DCGS-A (MIP) 151,886 151,886
70 TROJAN (MIP) 17,593 17,593
71 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) 28,558 28,558
73 BIOMETRIC TACTICAL COLLECTION DEVICES (MIP) 999 999
ELECT EQUIP—ELECTRONIC WARFARE (EW)
75 LIGHTWEIGHT COUNTER MORTAR RADAR 5,332 5,332
76 EW PLANNING & MANAGEMENT TOOLS (EWPMT) 7,849 7,849
77 AIR VIGILANCE (AV) (MIP) 8,160 8,160
79 MULTI-FUNCTION ELECTRONIC WARFARE (MFEW) SYST 8,669 8,669
81 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 0 13,400
MDTF advanced intel systems remote collection [13,400]
82 CI MODERNIZATION (MIP) 300 300
ELECT EQUIP—TACTICAL SURV. (TAC SURV)
83 SENTINEL MODS 58,884 58,884
84 NIGHT VISION DEVICES 1,127,375 1,127,375
86 SMALL TACTICAL OPTICAL RIFLE MOUNTED MLRF 13,954 13,954
88 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS 10,069 14,069
AFRICOM UFR force protection upgrades [4,000]
89 FAMILY OF WEAPON SIGHTS (FWS) 133,590 133,590
91 JOINT BATTLE COMMAND—PLATFORM (JBC-P) 243,850 243,850
92 JOINT EFFECTS TARGETING SYSTEM (JETS) 69,641 69,641
94 COMPUTER BALLISTICS: LHMBC XM32 7,509 7,509
95 MORTAR FIRE CONTROL SYSTEM 3,800 3,800
96 MORTAR FIRE CONTROL SYSTEMS MODIFICATIONS 7,292 7,292
97 COUNTERFIRE RADARS 72,421 72,421
ELECT EQUIP—TACTICAL C2 SYSTEMS
98 ARMY COMMAND POST INTEGRATED INFRASTRUCTURE ( 49,947 49,947
99 FIRE SUPPORT C2 FAMILY 9,390 9,390
100 AIR & MSL DEFENSE PLANNING & CONTROL SYS 47,374 47,374
101 IAMD BATTLE COMMAND SYSTEM 201,587 201,587
102 LIFE CYCLE SOFTWARE SUPPORT (LCSS) 4,495 4,495
103 NETWORK MANAGEMENT INITIALIZATION AND SERVICE 18,651 18,651
105 GLOBAL COMBAT SUPPORT SYSTEM-ARMY (GCSS-A) 2,792 2,792
106 INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPP 9,071 9,071
107 RECONNAISSANCE AND SURVEYING INSTRUMENT SET 12,117 12,117
108 MOD OF IN-SVC EQUIPMENT (ENFIRE) 3,004 3,004
ELECT EQUIP—AUTOMATION
109 ARMY TRAINING MODERNIZATION 14,574 14,574
110 AUTOMATED DATA PROCESSING EQUIP 140,619 140,619
111 GENERAL FUND ENTERPRISE BUSINESS SYSTEMS FAM 4,448 4,448
112 HIGH PERF COMPUTING MOD PGM (HPCMP) 68,405 68,405
113 CONTRACT WRITING SYSTEM 8,459 8,459
114 CSS COMMUNICATIONS 57,651 57,651
115 RESERVE COMPONENT AUTOMATION SYS (RCAS) 14,848 14,848
ELECT EQUIP—AUDIO VISUAL SYS (A/V)
117 ITEMS LESS THAN $5M (SURVEYING EQUIPMENT) 4,995 4,995
ELECT EQUIP—SUPPORT
119 BCT EMERGING TECHNOLOGIES 16,983 20,883
MDTF advanced intel systems remote collection [3,900]
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS 1,582 1,582
CHEMICAL DEFENSIVE EQUIPMENT
123 CBRN DEFENSE 28,456 42,456
WMD CST equipment [14,000]
124 SMOKE & OBSCURANT FAMILY: SOF (NON AAO ITEM) 13,995 13,995
BRIDGING EQUIPMENT
125 TACTICAL BRIDGING 10,545 10,545
126 TACTICAL BRIDGE, FLOAT-RIBBON 72,074 72,074
127 BRIDGE SUPPLEMENTAL SET 32,493 32,493
128 COMMON BRIDGE TRANSPORTER (CBT) RECAP 62,978 62,978
ENGINEER (NON-CONSTRUCTION) EQUIPMENT
129 HANDHELD STANDOFF MINEFIELD DETECTION SYS-HST 5,570 5,570
130 GRND STANDOFF MINE DETECTN SYSM (GSTAMIDS) 2,497 2,497
132 HUSKY MOUNTED DETECTION SYSTEM (HMDS) 109,069 109,069
134 EOD ROBOTICS SYSTEMS RECAPITALIZATION 36,584 36,584
135 ROBOTICS AND APPLIQUE SYSTEMS 179,544 179,544
137 RENDER SAFE SETS KITS OUTFITS 64,583 64,583
139 FAMILY OF BOATS AND MOTORS 5,289 5,289
COMBAT SERVICE SUPPORT EQUIPMENT
140 HEATERS AND ECU'S 8,200 8,200
142 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) 4,625 4,625
143 GROUND SOLDIER SYSTEM 154,937 154,937
144 MOBILE SOLDIER POWER 34,297 34,297
147 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 53,021 53,021
148 FAMILY OF ENGR COMBAT AND CONSTRUCTION SETS 23,324 23,324
149 ITEMS LESS THAN $5M (ENG SPT) 8,014 8,014
PETROLEUM EQUIPMENT
150 DISTRIBUTION SYSTEMS, PETROLEUM & WATER 78,448 78,448
MEDICAL EQUIPMENT
151 COMBAT SUPPORT MEDICAL 59,485 59,485
MAINTENANCE EQUIPMENT
152 MOBILE MAINTENANCE EQUIPMENT SYSTEMS 40,337 40,337
153 ITEMS LESS THAN $5.0M (MAINT EQ) 5,386 5,386
CONSTRUCTION EQUIPMENT
154 GRADER, ROAD MTZD, HVY, 6X4 (CCE) 5,406 5,406
155 SCRAPERS, EARTHMOVING 4,188 4,188
156 LOADERS 4,521 4,521
157 HYDRAULIC EXCAVATOR 5,186 5,186
158 TRACTOR, FULL TRACKED 4,715 4,715
159 ALL TERRAIN CRANES 70,560 70,560
162 CONST EQUIP ESP 8,925 8,925
RAIL FLOAT CONTAINERIZATION EQUIPMENT
164 ARMY WATERCRAFT ESP 40,910 40,910
165 MANEUVER SUPPORT VESSEL (MSV) 76,576 76,576
166 ITEMS LESS THAN $5.0M (FLOAT/RAIL) 1,844 1,844
GENERATORS
167 GENERATORS AND ASSOCIATED EQUIP 53,433 53,433
168 TACTICAL ELECTRIC POWER RECAPITALIZATION 22,216 22,216
MATERIAL HANDLING EQUIPMENT
169 FAMILY OF FORKLIFTS 16,145 16,145
TRAINING EQUIPMENT
170 COMBAT TRAINING CENTERS SUPPORT 90,580 90,580
171 TRAINING DEVICES, NONSYSTEM 161,814 161,814
172 SYNTHETIC TRAINING ENVIRONMENT (STE) 13,063 13,063
175 GAMING TECHNOLOGY IN SUPPORT OF ARMY TRAINING 1,950 1,950
TEST MEASURE AND DIG EQUIPMENT (TMD)
176 CALIBRATION SETS EQUIPMENT 2,511 2,511
177 INTEGRATED FAMILY OF TEST EQUIPMENT (IFTE) 78,578 78,578
178 TEST EQUIPMENT MODERNIZATION (TEMOD) 14,941 14,941
OTHER SUPPORT EQUIPMENT
180 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT 8,629 8,629
181 PHYSICAL SECURITY SYSTEMS (OPA3) 75,499 87,499
AFRICOM UFR force protection upgrades [12,000]
182 BASE LEVEL COMMON EQUIPMENT 27,444 27,444
183 MODIFICATION OF IN-SVC EQUIPMENT (OPA–3) 32,485 48,385
Expeditionary Solid Waste Disposal System [15,900]
187 SPECIAL EQUIPMENT FOR TEST AND EVALUATION 39,436 39,436
OPA2
189 INITIAL SPARES—C&E 9,950 9,950
TOTAL OTHER PROCUREMENT, ARMY 8,625,206 8,685,239
AIRCRAFT PROCUREMENT, NAVY
COMBAT AIRCRAFT
1 F/A–18E/F (FIGHTER) HORNET 1,761,146 1,761,146
3 JOINT STRIKE FIGHTER CV 2,181,780 2,381,780
Additional aircraft [200,000]
4 JOINT STRIKE FIGHTER CV AP 330,386 330,386
5 JSF STOVL 1,109,393 1,234,893
Additional 2 F–35B aircraft [125,500]
6 JSF STOVL AP 303,035 303,035
7 CH–53K (HEAVY LIFT) 813,324 793,324
Force Design 2030 realignment NRE excess [–20,000]
8 CH–53K (HEAVY LIFT) AP 201,188 191,188
Force Design 2030 realignment [–10,000]
9 V–22 (MEDIUM LIFT) 934,793 934,793
10 V–22 (MEDIUM LIFT) AP 39,547 39,547
11 H–1 UPGRADES (UH–1Y/AH–1Z) 7,267 7,267
13 P–8A POSEIDON 80,134 80,134
15 E–2D ADV HAWKEYE 626,109 626,109
16 E–2D ADV HAWKEYE AP 123,166 123,166
TRAINER AIRCRAFT
17 ADVANCED HELICOPTER TRAINING SYSTEM 269,867 269,867
OTHER AIRCRAFT
18 KC–130J 380,984 380,984
19 KC–130J AP 67,022 67,022
21 MQ–4 TRITON 150,570 100,570
Excess funding given procurement pause until FY23 [–50,000]
23 MQ–8 UAV 40,375 40,375
24 STUASL0 UAV 30,930 30,930
26 VH–92A EXECUTIVE HELO 610,231 610,231
MODIFICATION OF AIRCRAFT
28 F–18 A-D UNIQUE 208,261 208,261
29 F–18E/F AND EA–18G MODERNIZATION AND SUSTAINM 468,954 468,954
30 AEA SYSTEMS 21,061 21,061
31 AV–8 SERIES 34,082 34,082
32 INFRARED SEARCH AND TRACK (IRST) 158,055 158,055
33 ADVERSARY 42,946 42,946
34 F–18 SERIES 379,351 379,351
35 H–53 SERIES 74,771 74,771
36 MH–60 SERIES 131,584 131,584
37 H–1 SERIES 185,140 185,140
38 EP–3 SERIES 26,602 26,602
40 E–2 SERIES 175,540 175,540
41 TRAINER A/C SERIES 7,085 7,085
42 C–2A 9,525 9,525
43 C–130 SERIES 141,705 141,705
44 FEWSG 684 684
45 CARGO/TRANSPORT A/C SERIES 8,911 8,911
46 E–6 SERIES 197,206 197,206
47 EXECUTIVE HELICOPTERS SERIES 29,086 29,086
49 T–45 SERIES 155,745 155,745
50 POWER PLANT CHANGES 24,633 24,633
51 JPATS SERIES 22,682 22,682
52 AVIATION LIFE SUPPORT MODS 40,401 45,401
Aviation body armor vest [5,000]
53 COMMON ECM EQUIPMENT 138,480 138,480
54 COMMON AVIONICS CHANGES 143,322 143,322
55 COMMON DEFENSIVE WEAPON SYSTEM 2,142 2,142
56 ID SYSTEMS 35,999 35,999
57 P–8 SERIES 180,530 180,530
58 MAGTF EW FOR AVIATION 27,794 27,794
59 MQ–8 SERIES 28,774 28,774
60 V–22 (TILT/ROTOR ACFT) OSPREY 334,405 334,405
61 NEXT GENERATION JAMMER (NGJ) 176,638 176,638
62 F–35 STOVL SERIES 153,588 153,588
63 F–35 CV SERIES 105,452 105,452
64 QRC 126,618 126,618
65 MQ–4 SERIES 12,998 12,998
66 RQ–21 SERIES 18,550 18,550
AIRCRAFT SPARES AND REPAIR PARTS
70 SPARES AND REPAIR PARTS 2,198,460 2,228,460
Additional F–35B/C spares [30,000]
AIRCRAFT SUPPORT EQUIP & FACILITIES
71 COMMON GROUND EQUIPMENT 543,559 543,559
72 AIRCRAFT INDUSTRIAL FACILITIES 75,685 75,685
73 WAR CONSUMABLES 40,633 40,633
74 OTHER PRODUCTION CHARGES 21,194 21,194
75 SPECIAL SUPPORT EQUIPMENT 155,179 155,179
76 FIRST DESTINATION TRANSPORTATION 2,121 2,121
TOTAL AIRCRAFT PROCUREMENT, NAVY 17,127,378 17,407,878
WEAPONS PROCUREMENT, NAVY
MODIFICATION OF MISSILES
1 TRIDENT II MODS 1,173,837 1,173,837
SUPPORT EQUIPMENT & FACILITIES
2 MISSILE INDUSTRIAL FACILITIES 7,275 7,275
STRATEGIC MISSILES
3 TOMAHAWK 277,694 303,694
Program increase for USMC Tomahawk [26,000]
TACTICAL MISSILES
4 AMRAAM 326,952 326,952
5 SIDEWINDER 126,485 126,485
7 STANDARD MISSILE 456,206 456,206
8 STANDARD MISSILE AP 66,716 66,716
9 SMALL DIAMETER BOMB II 78,867 78,867
10 RAM 90,533 90,533
11 JOINT AIR GROUND MISSILE (JAGM) 49,386 49,386
14 AERIAL TARGETS 174,336 174,336
15 DRONES AND DECOYS 41,256 41,256
16 OTHER MISSILE SUPPORT 3,501 3,501
17 LRASM 168,845 203,845
Additional Navy LRASM missiles [35,000]
18 LCS OTH MISSILE 32,910 32,910
MODIFICATION OF MISSILES
19 TOMAHAWK MODS 164,915 164,915
20 ESSM 215,375 215,375
22 HARM MODS 147,572 147,572
23 STANDARD MISSILES MODS 83,654 83,654
SUPPORT EQUIPMENT & FACILITIES
24 WEAPONS INDUSTRIAL FACILITIES 1,996 1,996
25 FLEET SATELLITE COMM FOLLOW-ON 53,401 53,401
ORDNANCE SUPPORT EQUIPMENT
27 ORDNANCE SUPPORT EQUIPMENT 215,659 215,659
TORPEDOES AND RELATED EQUIP
28 SSTD 5,811 3,611
Insufficient justification for ADC non-recurring costs [–2,200]
29 MK–48 TORPEDO 284,901 284,901
30 ASW TARGETS 13,833 13,833
MOD OF TORPEDOES AND RELATED EQUIP
31 MK–54 TORPEDO MODS 110,286 100,286
Mk 54 Mod 0 production delays [–10,000]
32 MK–48 TORPEDO ADCAP MODS 57,214 57,214
33 MARITIME MINES 5,832 5,832
SUPPORT EQUIPMENT
34 TORPEDO SUPPORT EQUIPMENT 97,581 97,581
35 ASW RANGE SUPPORT 4,159 4,159
DESTINATION TRANSPORTATION
36 FIRST DESTINATION TRANSPORTATION 4,106 4,106
GUNS AND GUN MOUNTS
37 SMALL ARMS AND WEAPONS 16,030 16,030
MODIFICATION OF GUNS AND GUN MOUNTS
38 CIWS MODS 37,147 37,147
39 COAST GUARD WEAPONS 45,804 45,804
40 GUN MOUNT MODS 74,427 74,427
41 LCS MODULE WEAPONS 4,253 4,253
42 AIRBORNE MINE NEUTRALIZATION SYSTEMS 6,662 6,662
SPARES AND REPAIR PARTS
45 SPARES AND REPAIR PARTS 159,578 159,578
TOTAL WEAPONS PROCUREMENT, NAVY 4,884,995 4,933,795
PROCUREMENT OF AMMO, NAVY & MC
NAVY AMMUNITION
1 GENERAL PURPOSE BOMBS 41,496 41,496
2 JDAM 64,631 64,631
3 AIRBORNE ROCKETS, ALL TYPES 60,719 60,719
4 MACHINE GUN AMMUNITION 11,158 11,158
5 PRACTICE BOMBS 51,409 51,409
6 CARTRIDGES & CART ACTUATED DEVICES 64,694 64,694
7 AIR EXPENDABLE COUNTERMEASURES 51,523 51,523
8 JATOS 6,761 6,761
9 5 INCH/54 GUN AMMUNITION 31,517 31,517
10 INTERMEDIATE CALIBER GUN AMMUNITION 38,005 38,005
11 OTHER SHIP GUN AMMUNITION 40,626 40,626
12 SMALL ARMS & LANDING PARTY AMMO 48,202 48,202
13 PYROTECHNIC AND DEMOLITION 9,766 9,766
15 AMMUNITION LESS THAN $5 MILLION 2,115 2,115
MARINE CORPS AMMUNITION
16 MORTARS 46,781 46,781
17 DIRECT SUPPORT MUNITIONS 119,504 119,504
18 INFANTRY WEAPONS AMMUNITION 83,220 83,220
19 COMBAT SUPPORT MUNITIONS 32,650 32,650
20 AMMO MODERNIZATION 15,144 15,144
21 ARTILLERY MUNITIONS 59,539 59,539
22 ITEMS LESS THAN $5 MILLION 4,142 4,142
TOTAL PROCUREMENT OF AMMO, NAVY & MC 883,602 883,602
SHIPBUILDING AND CONVERSION, NAVY
FLEET BALLISTIC MISSILE SHIPS
1 OHIO REPLACEMENT SUBMARINE 2,891,475 2,891,475
2 OHIO REPLACEMENT SUBMARINE AP 1,123,175 1,298,175
Submarine supplier stability [175,000]
OTHER WARSHIPS
3 CARRIER REPLACEMENT PROGRAM 997,544 997,544
4 CVN–81 1,645,606 1,645,606
5 VIRGINIA CLASS SUBMARINE 2,334,693 2,260,293
Unjustified cost growth [–74,400]
6 VIRGINIA CLASS SUBMARINE AP 1,901,187 2,373,187
Long lead material for option ship [472,000]
7 CVN REFUELING OVERHAULS 1,878,453 1,878,453
8 CVN REFUELING OVERHAULS AP 17,384 17,384
9 DDG 1000 78,205 78,205
10 DDG–51 3,040,270 3,010,270
Available prior-year funds [–30,000]
11 DDG–51 AP 29,297 464,297
LLTM for FY22 DDG–51s [260,000]
Surface ship supplier stability [175,000]
13 FFG-FRIGATE 1,053,123 1,053,123
AMPHIBIOUS SHIPS
14 LPD FLIGHT II 1,155,801 905,801
Transfer to Line 15 [–250,000]
15 LPD FLIGHT II AP 0 500,000
LPD–32 and LPD–33 program increase [250,000]
Transfer from Line 14 for LPD–32 and LPD–33 [250,000]
17 LHA REPLACEMENT 0 250,000
LHA–9 program increase [250,000]
AUXILIARIES, CRAFT AND PRIOR YR PROGRAM COST
22 TOWING, SALVAGE, AND RESCUE SHIP (ATS) 168,209 168,209
23 LCU 1700 87,395 70,395
Insufficient justification [–17,000]
24 OUTFITTING 825,586 747,286
Unjustified cost growth [–78,300]
26 SERVICE CRAFT 249,781 275,281
Accelerate YP–703 Flight II [25,500]
27 LCAC SLEP 56,461 0
Insufficient justification [–56,461]
28 COMPLETION OF PY SHIPBUILDING PROGRAMS 369,112 369,112
TOTAL SHIPBUILDING AND CONVERSION, NAVY 19,902,757 21,254,096
OTHER PROCUREMENT, NAVY
SHIP PROPULSION EQUIPMENT
1 SURFACE POWER EQUIPMENT 11,738 11,738
GENERATORS
2 SURFACE COMBATANT HM&E 58,497 38,497
Hardware and software upgrades for 5 previously procured HED ship sets [15,000]
HED installation early to need [–35,000]
NAVIGATION EQUIPMENT
3 OTHER NAVIGATION EQUIPMENT 74,084 74,084
OTHER SHIPBOARD EQUIPMENT
4 SUB PERISCOPE, IMAGING AND SUPT EQUIP PROG 204,806 204,806
5 DDG MOD 547,569 497,569
Installation excess unit cost growth [–50,000]
6 FIREFIGHTING EQUIPMENT 18,394 18,394
7 COMMAND AND CONTROL SWITCHBOARD 2,374 2,374
8 LHA/LHD MIDLIFE 78,265 78,265
9 POLLUTION CONTROL EQUIPMENT 23,035 23,035
10 SUBMARINE SUPPORT EQUIPMENT 64,632 64,632
11 VIRGINIA CLASS SUPPORT EQUIPMENT 22,868 22,868
12 LCS CLASS SUPPORT EQUIPMENT 3,976 3,976
13 SUBMARINE BATTERIES 31,322 31,322
14 LPD CLASS SUPPORT EQUIPMENT 50,475 50,475
15 DDG 1000 CLASS SUPPORT EQUIPMENT 42,279 42,279
16 STRATEGIC PLATFORM SUPPORT EQUIP 15,429 15,429
17 DSSP EQUIPMENT 2,918 2,918
18 CG MODERNIZATION 87,978 87,978
19 LCAC 9,366 9,366
20 UNDERWATER EOD EQUIPMENT 16,842 16,842
21 ITEMS LESS THAN $5 MILLION 105,715 105,715
22 CHEMICAL WARFARE DETECTORS 3,044 3,044
23 SUBMARINE LIFE SUPPORT SYSTEM 5,885 5,885
REACTOR PLANT EQUIPMENT
24 SHIP MAINTENANCE, REPAIR AND MODERNIZATION 1,260,721 1,260,721
25 REACTOR POWER UNITS 5,305 5,305
26 REACTOR COMPONENTS 415,404 415,404
OCEAN ENGINEERING
27 DIVING AND SALVAGE EQUIPMENT 11,143 11,143
SMALL BOATS
28 STANDARD BOATS 52,371 52,371
PRODUCTION FACILITIES EQUIPMENT
29 OPERATING FORCES IPE 233,667 233,667
OTHER SHIP SUPPORT
30 LCS COMMON MISSION MODULES EQUIPMENT 39,714 17,414
MCM containers and MPCE sonar processing insufficient justification [–22,300]
31 LCS MCM MISSION MODULES 218,822 95,322
Excess procurement ahead of satisfactory testing [–123,500]
32 LCS ASW MISSION MODULES 61,759 4,759
Excess procurement ahead of satisfactory testing [–57,000]
33 LCS SUW MISSION MODULES 24,412 24,412
34 LCS IN-SERVICE MODERNIZATION 121,848 121,848
35 SMALL & MEDIUM UUV 67,709 37,609
SMCM UUV excess procurement ahead of satisfactory testing [–30,100]
SHIP SONARS
37 SPQ–9B RADAR 27,517 27,517
38 AN/SQQ–89 SURF ASW COMBAT SYSTEM 128,664 128,664
39 SSN ACOUSTIC EQUIPMENT 374,737 374,737
40 UNDERSEA WARFARE SUPPORT EQUIPMENT 9,286 9,286
ASW ELECTRONIC EQUIPMENT
41 SUBMARINE ACOUSTIC WARFARE SYSTEM 26,066 26,066
42 SSTD 13,241 13,241
43 FIXED SURVEILLANCE SYSTEM 193,446 193,446
44 SURTASS 63,838 63,838
ELECTRONIC WARFARE EQUIPMENT
45 AN/SLQ–32 387,195 330,795
Early to need [–56,400]
RECONNAISSANCE EQUIPMENT
46 SHIPBOARD IW EXPLOIT 235,744 235,744
47 AUTOMATED IDENTIFICATION SYSTEM (AIS) 3,862 3,862
OTHER SHIP ELECTRONIC EQUIPMENT
48 COOPERATIVE ENGAGEMENT CAPABILITY 26,006 18,706
Common Array Block antenna program delays [–7,300]
49 NAVAL TACTICAL COMMAND SUPPORT SYSTEM (NTCSS) 15,385 15,385
50 ATDLS 103,835 103,835
51 NAVY COMMAND AND CONTROL SYSTEM (NCCS) 3,594 3,594
52 MINESWEEPING SYSTEM REPLACEMENT 15,744 15,744
53 SHALLOW WATER MCM 5,493 5,493
54 NAVSTAR GPS RECEIVERS (SPACE) 38,043 38,043
55 AMERICAN FORCES RADIO AND TV SERVICE 2,592 2,592
56 STRATEGIC PLATFORM SUPPORT EQUIP 7,985 7,985
AVIATION ELECTRONIC EQUIPMENT
57 ASHORE ATC EQUIPMENT 83,475 83,475
58 AFLOAT ATC EQUIPMENT 65,113 65,113
59 ID SYSTEMS 23,815 23,815
60 JOINT PRECISION APPROACH AND LANDING SYSTEM ( 100,751 100,751
61 NAVAL MISSION PLANNING SYSTEMS 13,947 13,947
OTHER SHORE ELECTRONIC EQUIPMENT
62 MARITIME INTEGRATED BROADCAST SYSTEM 1,375 1,375
63 TACTICAL/MOBILE C4I SYSTEMS 22,771 22,771
64 DCGS-N 18,872 18,872
65 CANES 389,585 389,585
66 RADIAC 10,335 10,335
67 CANES-INTELL 48,654 48,654
68 GPETE 8,133 8,133
69 MASF 4,150 4,150
70 INTEG COMBAT SYSTEM TEST FACILITY 5,934 5,934
71 EMI CONTROL INSTRUMENTATION 4,334 4,334
72 ITEMS LESS THAN $5 MILLION 159,815 105,015
NGSSR available prior year funds [–54,800]
SHIPBOARD COMMUNICATIONS
73 SHIPBOARD TACTICAL COMMUNICATIONS 56,106 56,106
74 SHIP COMMUNICATIONS AUTOMATION 124,288 124,288
75 COMMUNICATIONS ITEMS UNDER $5M 45,120 45,120
SUBMARINE COMMUNICATIONS
76 SUBMARINE BROADCAST SUPPORT 31,133 31,133
77 SUBMARINE COMMUNICATION EQUIPMENT 62,214 62,214
SATELLITE COMMUNICATIONS
78 SATELLITE COMMUNICATIONS SYSTEMS 47,421 47,421
79 NAVY MULTIBAND TERMINAL (NMT) 64,552 64,552
SHORE COMMUNICATIONS
80 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) 4,398 4,398
CRYPTOGRAPHIC EQUIPMENT
81 INFO SYSTEMS SECURITY PROGRAM (ISSP) 157,551 157,551
82 MIO INTEL EXPLOITATION TEAM 985 985
CRYPTOLOGIC EQUIPMENT
83 CRYPTOLOGIC COMMUNICATIONS EQUIP 15,906 15,906
OTHER ELECTRONIC SUPPORT
90 COAST GUARD EQUIPMENT 70,689 70,689
SONOBUOYS
92 SONOBUOYS—ALL TYPES 237,639 286,739
Program increase for sonobuoys [49,100]
AIRCRAFT SUPPORT EQUIPMENT
93 MINOTAUR 5,077 5,077
94 WEAPONS RANGE SUPPORT EQUIPMENT 83,969 83,969
95 AIRCRAFT SUPPORT EQUIPMENT 187,758 187,758
96 ADVANCED ARRESTING GEAR (AAG) 16,059 16,059
97 METEOROLOGICAL EQUIPMENT 15,192 15,192
99 LEGACY AIRBORNE MCM 6,674 6,674
100 LAMPS EQUIPMENT 1,189 1,189
101 AVIATION SUPPORT EQUIPMENT 58,873 58,873
102 UMCS-UNMAN CARRIER AVIATION(UCA)MISSION CNTRL 60,937 60,937
SHIP GUN SYSTEM EQUIPMENT
103 SHIP GUN SYSTEMS EQUIPMENT 5,540 5,540
SHIP MISSILE SYSTEMS EQUIPMENT
104 HARPOON SUPPORT EQUIPMENT 208 208
105 SHIP MISSILE SUPPORT EQUIPMENT 262,077 262,077
106 TOMAHAWK SUPPORT EQUIPMENT 84,087 84,087
FBM SUPPORT EQUIPMENT
107 STRATEGIC MISSILE SYSTEMS EQUIP 258,910 258,910
ASW SUPPORT EQUIPMENT
108 SSN COMBAT CONTROL SYSTEMS 173,770 173,770
109 ASW SUPPORT EQUIPMENT 26,584 26,584
OTHER ORDNANCE SUPPORT EQUIPMENT
110 EXPLOSIVE ORDNANCE DISPOSAL EQUIP 7,470 7,470
111 ITEMS LESS THAN $5 MILLION 6,356 6,356
OTHER EXPENDABLE ORDNANCE
112 ANTI-SHIP MISSILE DECOY SYSTEM 86,356 86,356
113 SUBMARINE TRAINING DEVICE MODS 69,240 69,240
114 SURFACE TRAINING EQUIPMENT 192,245 192,245
CIVIL ENGINEERING SUPPORT EQUIPMENT
115 PASSENGER CARRYING VEHICLES 6,123 6,123
116 GENERAL PURPOSE TRUCKS 2,693 2,693
117 CONSTRUCTION & MAINTENANCE EQUIP 47,301 47,301
118 FIRE FIGHTING EQUIPMENT 10,352 10,352
119 TACTICAL VEHICLES 31,475 31,475
121 POLLUTION CONTROL EQUIPMENT 2,630 2,630
122 ITEMS LESS THAN $5 MILLION 47,972 47,972
123 PHYSICAL SECURITY VEHICLES 1,171 1,171
SUPPLY SUPPORT EQUIPMENT
124 SUPPLY EQUIPMENT 19,693 19,693
125 FIRST DESTINATION TRANSPORTATION 4,956 4,956
126 SPECIAL PURPOSE SUPPLY SYSTEMS 668,639 668,639
TRAINING DEVICES
127 TRAINING SUPPORT EQUIPMENT 4,026 4,026
128 TRAINING AND EDUCATION EQUIPMENT 73,454 73,454
COMMAND SUPPORT EQUIPMENT
129 COMMAND SUPPORT EQUIPMENT 32,390 32,390
130 MEDICAL SUPPORT EQUIPMENT 974 974
132 NAVAL MIP SUPPORT EQUIPMENT 5,606 5,606
133 OPERATING FORCES SUPPORT EQUIPMENT 16,024 16,024
134 C4ISR EQUIPMENT 6,697 6,697
135 ENVIRONMENTAL SUPPORT EQUIPMENT 27,503 27,503
136 PHYSICAL SECURITY EQUIPMENT 138,281 138,281
137 ENTERPRISE INFORMATION TECHNOLOGY 42,680 42,680
OTHER
140 NEXT GENERATION ENTERPRISE SERVICE 184,443 184,443
141 CYBERSPACE ACTIVITIES 16,523 16,523
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS 18,446 18,446
SPARES AND REPAIR PARTS
142 SPARES AND REPAIR PARTS 374,195 374,195
TOTAL OTHER PROCUREMENT, NAVY 10,948,518 10,576,218
PROCUREMENT, MARINE CORPS
TRACKED COMBAT VEHICLES
1 AAV7A1 PIP 87,476 87,476
2 AMPHIBIOUS COMBAT VEHICLE FAMILY OF VEHICLES 478,874 478,874
3 LAV PIP 41,988 41,988
ARTILLERY AND OTHER WEAPONS
4 155MM LIGHTWEIGHT TOWED HOWITZER 59 59
5 ARTILLERY WEAPONS SYSTEM 174,687 234,287
Ground-Based Anti-Ship Missile NSM [59,600]
6 WEAPONS AND COMBAT VEHICLES UNDER $5 MILLION 24,867 24,867
OTHER SUPPORT
7 MODIFICATION KITS 3,067 3,067
GUIDED MISSILES
8 GROUND BASED AIR DEFENSE 18,920 18,920
9 ANTI-ARMOR MISSILE-JAVELIN 19,888 19,888
10 FAMILY ANTI-ARMOR WEAPON SYSTEMS (FOAAWS) 21,891 21,891
11 ANTI-ARMOR MISSILE-TOW 34,985 34,985
12 GUIDED MLRS ROCKET (GMLRS) 133,689 133,689
COMMAND AND CONTROL SYSTEMS
13 COMMON AVIATION COMMAND AND CONTROL SYSTEM (C 35,057 35,057
REPAIR AND TEST EQUIPMENT
14 REPAIR AND TEST EQUIPMENT 24,405 24,405
OTHER SUPPORT (TEL)
15 MODIFICATION KITS 1,006 1,006
COMMAND AND CONTROL SYSTEM (NON-TEL)
16 ITEMS UNDER $5 MILLION (COMM & ELEC) 69,725 69,725
17 AIR OPERATIONS C2 SYSTEMS 15,611 15,611
RADAR + EQUIPMENT (NON-TEL)
19 GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 284,283 284,283
INTELL/COMM EQUIPMENT (NON-TEL)
20 GCSS-MC 1,587 1,587
21 FIRE SUPPORT SYSTEM 24,934 24,934
22 INTELLIGENCE SUPPORT EQUIPMENT 50,728 50,728
24 UNMANNED AIR SYSTEMS (INTEL) 24,853 24,853
25 DCGS-MC 38,260 38,260
26 UAS PAYLOADS 5,489 5,489
OTHER SUPPORT (NON-TEL)
29 NEXT GENERATION ENTERPRISE NETWORK (NGEN) 78,922 78,922
30 COMMON COMPUTER RESOURCES 35,349 35,349
31 COMMAND POST SYSTEMS 33,713 33,713
32 RADIO SYSTEMS 343,250 343,250
33 COMM SWITCHING & CONTROL SYSTEMS 40,627 40,627
34 COMM & ELEC INFRASTRUCTURE SUPPORT 43,782 43,782
35 CYBERSPACE ACTIVITIES 53,896 53,896
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS 3,797 3,797
ADMINISTRATIVE VEHICLES
37 COMMERCIAL CARGO VEHICLES 22,460 22,460
TACTICAL VEHICLES
38 MOTOR TRANSPORT MODIFICATIONS 10,739 10,739
39 JOINT LIGHT TACTICAL VEHICLE 381,675 381,675
40 FAMILY OF TACTICAL TRAILERS 2,963 2,963
ENGINEER AND OTHER EQUIPMENT
42 ENVIRONMENTAL CONTROL EQUIP ASSORT 385 385
43 TACTICAL FUEL SYSTEMS 501 501
44 POWER EQUIPMENT ASSORTED 23,430 23,430
45 AMPHIBIOUS SUPPORT EQUIPMENT 5,752 5,752
46 EOD SYSTEMS 20,939 20,939
MATERIALS HANDLING EQUIPMENT
47 PHYSICAL SECURITY EQUIPMENT 23,063 23,063
GENERAL PROPERTY
48 FIELD MEDICAL EQUIPMENT 4,187 4,187
49 TRAINING DEVICES 101,765 101,765
50 FAMILY OF CONSTRUCTION EQUIPMENT 19,305 19,305
51 ULTRA-LIGHT TACTICAL VEHICLE (ULTV) 678 678
OTHER SUPPORT
52 ITEMS LESS THAN $5 MILLION 9,174 9,174
SPARES AND REPAIR PARTS
53 SPARES AND REPAIR PARTS 27,295 27,295
TOTAL PROCUREMENT, MARINE CORPS 2,903,976 2,963,576
AIRCRAFT PROCUREMENT, AIR FORCE
TACTICAL FORCES
1 F–35 4,567,018 5,543,685
Additional 12 F–35As [976,667]
2 F–35 610,800 610,800
4 F–15EX 1,269,847 1,269,847
5 F–15EX 133,500 133,500
TACTICAL AIRLIFT
7 KC–46A MDAP 2,850,151 2,850,151
OTHER AIRLIFT
8 C–130J 37,131 37,131
10 MC–130J 362,807 362,807
11 MC–130J 39,987 39,987
HELICOPTERS
12 UH–1N REPLACEMENT 194,016 194,016
13 COMBAT RESCUE HELICOPTER 973,473 973,473
MISSION SUPPORT AIRCRAFT
15 CIVIL AIR PATROL A/C 2,811 2,811
OTHER AIRCRAFT
16 TARGET DRONES 133,273 133,273
18 COMPASS CALL 161,117 161,117
20 MQ–9 29,409 79,409
Program increase [50,000]
STRATEGIC AIRCRAFT
22 B–1 3,853 0
USAF-requested transfer to RDAF Line 174 [–3,853]
23 B–2A 31,476 31,476
24 B–1B 21,808 21,315
USAF-requested transfer to RDAF Line 174 [–493]
25 B–52 53,949 53,949
26 LARGE AIRCRAFT INFRARED COUNTERMEASURES 9,999 9,999
TACTICAL AIRCRAFT
27 A–10 135,793 135,793
28 E–11 BACN/HAG 33,645 33,645
29 F–15 349,304 349,304
30 F–16 615,760 640,760
Additional radars [25,000]
32 F–22A 387,905 387,905
33 F–35 MODIFICATIONS 322,185 322,185
34 F–15 EPAW 31,995 31,995
35 INCREMENT 3.2B 5,889 5,889
36 KC–46A MDAP 24,085 24,085
AIRLIFT AIRCRAFT
37 C–5 62,108 62,108
38 C–17A 66,798 66,798
40 C–32A 2,947 2,947
41 C–37A 12,985 12,985
TRAINER AIRCRAFT
42 GLIDER MODS 977 977
43 T–6 26,829 26,829
44 T–1 4,465 4,465
45 T–38 36,806 44,506
T–38 ejection seats [7,700]
OTHER AIRCRAFT
46 U–2 MODS 110,618 110,618
47 KC–10A (ATCA) 117 117
49 VC–25A MOD 1,983 1,983
50 C–40 9,252 9,252
51 C–130 5,871 5,871
52 C–130J MODS 140,032 140,032
53 C–135 88,250 88,250
55 COMPASS CALL 193,389 193,389
57 RC–135 191,332 191,332
58 E–3 172,141 172,141
59 E–4 58,803 44,103
Funds rephased to future fiscal years [–14,700]
60 E–8 11,037 21,037
Secure information transmission capability [10,000]
61 AIRBORNE WARNING AND CNTRL SYS (AWACS) 40/45 53,343 53,343
62 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS 1,573 1,573
63 H–1 4,410 4,410
64 H–60 44,538 44,538
65 RQ–4 MODS 40,468 40,468
66 HC/MC–130 MODIFICATIONS 20,780 20,780
67 OTHER AIRCRAFT 100,774 100,774
68 MQ–9 MODS 188,387 188,387
70 CV–22 MODS 122,306 127,306
CV–22 ABSS [5,000]
AIRCRAFT SPARES AND REPAIR PARTS
71 INITIAL SPARES/REPAIR PARTS 926,683 956,683
F–35A initial spares increase [30,000]
COMMON SUPPORT EQUIPMENT
73 AIRCRAFT REPLACEMENT SUPPORT EQUIP 132,719 132,719
POST PRODUCTION SUPPORT
74 B–2A 1,683 1,683
75 B–2B 46,734 46,734
76 B–52 1,034 1,034
79 E–11 BACN/HAG 63,419 63,419
80 F–15 2,632 2,632
81 F–16 14,163 14,163
83 OTHER AIRCRAFT 4,595 4,595
84 RQ–4 POST PRODUCTION CHARGES 32,585 32,585
INDUSTRIAL PREPAREDNESS
85 INDUSTRIAL RESPONSIVENESS 18,215 18,215
WAR CONSUMABLES
86 WAR CONSUMABLES 36,046 36,046
OTHER PRODUCTION CHARGES
87 OTHER PRODUCTION CHARGES 1,439,640 1,514,640
Classified increase [75,000]
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS 21,692 21,692
TOTAL AIRCRAFT PROCUREMENT, AIR FORCE 17,908,145 19,068,466
MISSILE PROCUREMENT, AIR FORCE
MISSILE REPLACEMENT EQUIPMENT—BALLISTIC
1 MISSILE REPLACEMENT EQ-BALLISTIC 75,012 75,012
TACTICAL
2 REPLAC EQUIP & WAR CONSUMABLES 4,495 4,495
4 JOINT AIR-SURFACE STANDOFF MISSILE 475,949 400,949
Realignment to support NDS requirements in Pacific [–75,000]
5 LRASM0 19,800 94,800
Additional Air Force LRASM missiles [75,000]
6 SIDEWINDER (AIM–9X) 164,769 164,769
7 AMRAAM 453,223 453,223
8 PREDATOR HELLFIRE MISSILE 40,129 40,129
9 SMALL DIAMETER BOMB 45,475 45,475
10 SMALL DIAMETER BOMB II 273,272 273,272
INDUSTRIAL FACILITIES
11 INDUSTR'L PREPAREDNS/POL PREVENTION 814 814
CLASS IV
13 ICBM FUZE MOD 3,458 3,458
14 ICBM FUZE MOD AP 43,450 43,450
15 MM III MODIFICATIONS 85,310 85,310
16 AGM–65D MAVERICK 298 298
17 AIR LAUNCH CRUISE MISSILE (ALCM) 52,924 52,924
MISSILE SPARES AND REPAIR PARTS
18 MSL SPRS/REPAIR PARTS (INITIAL) 9,402 9,402
19 MSL SPRS/REPAIR PARTS (REPLEN) 84,671 84,671
SPECIAL PROGRAMS
25 SPECIAL UPDATE PROGRAMS 23,501 23,501
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS 540,465 540,465
TOTAL MISSILE PROCUREMENT, AIR FORCE 2,396,417 2,396,417
PROCUREMENT, SPACE FORCE
SPACE PROCUREMENT, SF
1 ADVANCED EHF 14,823 14,823
2 AF SATELLITE COMM SYSTEM 48,326 48,326
3 COUNTERSPACE SYSTEMS 65,540 65,540
4 FAMILY OF BEYOND LINE-OF-SIGHT TERMINALS 66,190 66,190
5 GENERAL INFORMATION TECH—SPACE 3,299 3,299
6 GPSIII FOLLOW ON 627,796 627,796
7 GPS III SPACE SEGMENT 20,122 20,122
8 GLOBAL POSTIONING (SPACE) 2,256 2,256
9 SPACEBORNE EQUIP (COMSEC) 35,495 35,495
10 MILSATCOM 15,795 15,795
11 SBIR HIGH (SPACE) 160,891 160,891
12 SPECIAL SPACE ACTIVITIES 78,387 78,387
13 NATIONAL SECURITY SPACE LAUNCH 1,043,171 1,043,171
14 NUDET DETECTION SYSTEM 6,638 6,638
15 ROCKET SYSTEMS LAUNCH PROGRAM 47,741 47,741
16 SPACE FENCE 11,279 11,279
17 SPACE MODS 96,551 109,051
Cobra Dane service life extension [12,500]
18 SPACELIFT RANGE SYSTEM SPACE 100,492 100,492
SPARES
19 SPARES AND REPAIR PARTS 1,272 1,272
TOTAL PROCUREMENT, SPACE FORCE 2,446,064 2,458,564
PROCUREMENT OF AMMUNITION, AIR FORCE
ROCKETS
1 ROCKETS 14,962 14,962
CARTRIDGES
2 CARTRIDGES 123,365 123,365
BOMBS
3 PRACTICE BOMBS 59,725 59,725
6 JOINT DIRECT ATTACK MUNITION 206,989 206,989
7 B61 35,634 35,634
OTHER ITEMS
9 CAD/PAD 47,830 47,830
10 EXPLOSIVE ORDNANCE DISPOSAL (EOD) 6,232 6,232
11 SPARES AND REPAIR PARTS 542 542
12 MODIFICATIONS 1,310 1,310
13 ITEMS LESS THAN $5,000,000 4,753 4,753
FLARES
15 FLARES 40,088 40,088
FUZES
16 FUZES 40,983 40,983
SMALL ARMS
17 SMALL ARMS 13,925 13,925
TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE 596,338 596,338
OTHER PROCUREMENT, AIR FORCE
PASSENGER CARRYING VEHICLES
1 PASSENGER CARRYING VEHICLES 9,016 9,016
CARGO AND UTILITY VEHICLES
2 MEDIUM TACTICAL VEHICLE 15,058 15,058
3 CAP VEHICLES 1,059 1,059
4 CARGO AND UTILITY VEHICLES 38,920 38,920
SPECIAL PURPOSE VEHICLES
5 JOINT LIGHT TACTICAL VEHICLE 30,544 30,544
6 SECURITY AND TACTICAL VEHICLES 319 319
7 SPECIAL PURPOSE VEHICLES 43,157 43,157
FIRE FIGHTING EQUIPMENT
8 FIRE FIGHTING/CRASH RESCUE VEHICLES 8,621 8,621
MATERIALS HANDLING EQUIPMENT
9 MATERIALS HANDLING VEHICLES 12,897 12,897
BASE MAINTENANCE SUPPORT
10 RUNWAY SNOW REMOV AND CLEANING EQU 3,577 3,577
11 BASE MAINTENANCE SUPPORT VEHICLES 43,095 43,095
COMM SECURITY EQUIPMENT(COMSEC)
13 COMSEC EQUIPMENT 54,864 54,864
INTELLIGENCE PROGRAMS
14 INTERNATIONAL INTEL TECH & ARCHITECTURES 9,283 10,783
PDI: Mission Partner Environment BICES-X local upgrades [1,500]
15 INTELLIGENCE TRAINING EQUIPMENT 6,849 6,849
16 INTELLIGENCE COMM EQUIPMENT 33,471 33,471
ELECTRONICS PROGRAMS
17 AIR TRAFFIC CONTROL & LANDING SYS 29,409 29,409
18 BATTLE CONTROL SYSTEM—FIXED 7,909 7,909
19 THEATER AIR CONTROL SYS IMPROVEMEN 32,632 32,632
20 WEATHER OBSERVATION FORECAST 33,021 33,021
21 STRATEGIC COMMAND AND CONTROL 31,353 31,353
22 CHEYENNE MOUNTAIN COMPLEX 10,314 10,314
23 MISSION PLANNING SYSTEMS 15,132 15,132
25 INTEGRATED STRAT PLAN & ANALY NETWORK (ISPAN) 9,806 9,806
SPCL COMM-ELECTRONICS PROJECTS
26 GENERAL INFORMATION TECHNOLOGY 39,887 39,887
27 AF GLOBAL COMMAND & CONTROL SYS 2,602 2,602
29 MOBILITY COMMAND AND CONTROL 10,541 10,541
30 AIR FORCE PHYSICAL SECURITY SYSTEM 96,277 96,277
31 COMBAT TRAINING RANGES 195,185 195,185
32 MINIMUM ESSENTIAL EMERGENCY COMM N 29,664 29,664
33 WIDE AREA SURVEILLANCE (WAS) 59,633 59,633
34 C3 COUNTERMEASURES 105,584 105,584
36 DEFENSE ENTERPRISE ACCOUNTING & MGT SYS 899 899
38 THEATER BATTLE MGT C2 SYSTEM 3,392 3,392
39 AIR & SPACE OPERATIONS CENTER (AOC) 24,983 24,983
AIR FORCE COMMUNICATIONS
41 BASE INFORMATION TRANSPT INFRAST (BITI) WIRED 19,147 19,147
42 AFNET 84,515 84,515
43 JOINT COMMUNICATIONS SUPPORT ELEMENT (JCSE) 6,185 6,185
44 USCENTCOM 19,649 19,649
45 USSTRATCOM 4,337 4,337
ORGANIZATION AND BASE
46 TACTICAL C-E EQUIPMENT 137,033 137,033
47 RADIO EQUIPMENT 15,264 15,264
49 BASE COMM INFRASTRUCTURE 132,281 146,281
PDI: Mission Partner Environment PACNET [14,000]
MODIFICATIONS
50 COMM ELECT MODS 21,471 21,471
PERSONAL SAFETY & RESCUE EQUIP
51 PERSONAL SAFETY AND RESCUE EQUIPMENT 49,578 49,578
DEPOT PLANT+MTRLS HANDLING EQ
52 POWER CONDITIONING EQUIPMENT 11,454 11,454
53 MECHANIZED MATERIAL HANDLING EQUIP 12,110 12,110
BASE SUPPORT EQUIPMENT
54 BASE PROCURED EQUIPMENT 21,142 21,142
55 ENGINEERING AND EOD EQUIPMENT 7,700 7,700
56 MOBILITY EQUIPMENT 18,266 22,966
Insulation system for Air Force shelters [4,700]
57 FUELS SUPPORT EQUIPMENT (FSE) 9,601 9,601
58 BASE MAINTENANCE AND SUPPORT EQUIPMENT 42,078 42,078
SPECIAL SUPPORT PROJECTS
60 DARP RC135 27,164 27,164
61 DCGS-AF 121,528 121,528
63 SPECIAL UPDATE PROGRAM 782,641 782,641
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS 21,086,112 21,086,112
SPARES AND REPAIR PARTS
64 SPARES AND REPAIR PARTS (CYBER) 1,664 1,664
65 SPARES AND REPAIR PARTS 15,847 15,847
TOTAL OTHER PROCUREMENT, AIR FORCE 23,695,720 23,715,920
PROCUREMENT, DEFENSE-WIDE
MAJOR EQUIPMENT, DCMA
2 MAJOR EQUIPMENT 1,398 1,398
MAJOR EQUIPMENT, DCSA
3 MAJOR EQUIPMENT 2,212 2,212
MAJOR EQUIPMENT, DHRA
5 PERSONNEL ADMINISTRATION 4,213 4,213
MAJOR EQUIPMENT, DISA
11 INFORMATION SYSTEMS SECURITY 17,211 17,211
12 TELEPORT PROGRAM 29,841 29,841
13 JOINT FORCES HEADQUARTERS—DODIN 3,091 3,091
14 ITEMS LESS THAN $5 MILLION 41,569 41,569
16 DEFENSE INFORMATION SYSTEM NETWORK 26,978 26,978
17 WHITE HOUSE COMMUNICATION AGENCY 44,161 44,161
18 SENIOR LEADERSHIP ENTERPRISE 35,935 35,935
19 JOINT REGIONAL SECURITY STACKS (JRSS) 88,741 77,641
JRSS SIPR funding [–11,100]
20 JOINT SERVICE PROVIDER 157,538 157,538
21 FOURTH ESTATE NETWORK OPTIMIZATION (4ENO) 42,084 42,084
MAJOR EQUIPMENT, DLA
23 MAJOR EQUIPMENT 417,459 417,459
MAJOR EQUIPMENT, DMACT
24 MAJOR EQUIPMENT 7,993 7,993
MAJOR EQUIPMENT, DODEA
25 AUTOMATION/EDUCATIONAL SUPPORT & LOGISTICS 1,319 1,319
MAJOR EQUIPMENT, DPAA
26 MAJOR EQUIPMENT, DPAA 500 500
MAJOR EQUIPMENT, DEFENSE SECURITY COOPERATION AGENCY
27 REGIONAL CENTER PROCUREMENT 1,598 1,598
MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY
28 VEHICLES 215 215
29 OTHER MAJOR EQUIPMENT 9,994 9,994
MAJOR EQUIPMENT, MISSILE DEFENSE AGENCY
31 THAAD 495,396 601,796
8th THAAD battery components [76,300]
HEMTT life-of-type buy [30,100]
34 AEGIS BMD 356,195 356,195
35 AEGIS BMD AP 44,901 44,901
36 BMDS AN/TPY–2 RADARS 0 243,300
8th THAAD battery radar equipment [243,300]
37 SM–3 IIAS 218,322 346,322
Additional SM–3 Block IIA interceptors [128,000]
38 ARROW 3 UPPER TIER SYSTEMS 77,000 77,000
39 SHORT RANGE BALLISTIC MISSILE DEFENSE (SRBMD) 50,000 50,000
40 AEGIS ASHORE PHASE III 39,114 39,114
41 IRON DOME 73,000 73,000
42 AEGIS BMD HARDWARE AND SOFTWARE 104,241 104,241
MAJOR EQUIPMENT, NSA
48 INFORMATION SYSTEMS SECURITY PROGRAM (ISSP) 101 101
MAJOR EQUIPMENT, OSD
49 MAJOR EQUIPMENT, OSD 3,099 3,099
MAJOR EQUIPMENT, TJS
50 MAJOR EQUIPMENT, TJS 8,329 8,329
51 MAJOR EQUIPMENT—TJS CYBER 1,247 1,247
MAJOR EQUIPMENT, WHS
53 MAJOR EQUIPMENT, WHS 515 515
CLASSIFIED PROGRAMS
9999 CLASSIFIED PROGRAMS 554,264 554,264
AVIATION PROGRAMS
55 ARMED OVERWATCH/TARGETING 101,000 0
Lack of validated requirement and analysis [–101,000]
56 MANNED ISR 0 40,100
SOCOM DHC–8 combat loss replacement [40,100]
59 ROTARY WING UPGRADES AND SUSTAINMENT 211,041 211,041
60 UNMANNED ISR 25,488 25,488
61 NON-STANDARD AVIATION 61,874 61,874
62 U–28 3,825 28,525
SOCOM aircraft maintenance support combat loss replacement [24,700]
63 MH–47 CHINOOK 135,482 135,482
64 CV–22 MODIFICATION 14,829 14,829
65 MQ–9 UNMANNED AERIAL VEHICLE 6,746 6,746
66 PRECISION STRIKE PACKAGE 243,111 243,111
67 AC/MC–130J 163,914 163,914
68 C–130 MODIFICATIONS 20,414 20,414
SHIPBUILDING
69 UNDERWATER SYSTEMS 20,556 20,556
AMMUNITION PROGRAMS
70 ORDNANCE ITEMS <$5M 186,197 186,197
OTHER PROCUREMENT PROGRAMS
71 INTELLIGENCE SYSTEMS 94,982 108,382
Transfer from MMP-Light to man-pack [13,400]
72 DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 11,645 11,645
73 OTHER ITEMS <$5M 96,333 96,333
74 COMBATANT CRAFT SYSTEMS 17,278 17,278
75 SPECIAL PROGRAMS 78,865 78,865
76 TACTICAL VEHICLES 30,158 30,158
77 WARRIOR SYSTEMS <$5M 260,733 248,533
MMP-Light unexecutable, transfer to man-pack [–12,200]
78 COMBAT MISSION REQUIREMENTS 19,848 19,848
79 GLOBAL VIDEO SURVEILLANCE ACTIVITIES 2,401 2,401
80 OPERATIONAL ENHANCEMENTS INTELLIGENCE 13,861 13,861
81 OPERATIONAL ENHANCEMENTS 247,038 259,538
SOCOM Syria exfiltration reconsitution [12,500]
CBDP
82 CHEMICAL BIOLOGICAL SITUATIONAL AWARENESS 147,150 147,150
83 CB PROTECTION & HAZARD MITIGATION 149,944 149,944
TOTAL PROCUREMENT, DEFENSE-WIDE 5,324,487 5,768,587
TOTAL PROCUREMENT 130,684,160 134,014,838
4102.
PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS(In Thousands of Dollars)
Line Item FY 2021 Request Senate Authorized
AIRCRAFT PROCUREMENT, ARMY
ROTARY
9 AH–64 APACHE BLOCK IIIB NEW BUILD 69,154 69,154
14 CH–47 HELICOPTER 50,472 50,472
MODIFICATION OF AIRCRAFT
17 MQ–1 PAYLOAD (MIP) 5,968 5,968
20 MULTI SENSOR ABN RECON (MIP) 122,520 122,520
25 EMARSS SEMA MODS (MIP) 26,460 26,460
30 DEGRADED VISUAL ENVIRONMENT 1,916 1,916
GROUND SUPPORT AVIONICS
37 CMWS 149,162 149,162
38 COMMON INFRARED COUNTERMEASURES (CIRCM) 32,400 32,400
OTHER SUPPORT
41 AIRCREW INTEGRATED SYSTEMS 3,028 3,028
TOTAL AIRCRAFT PROCUREMENT, ARMY 461,080 461,080
MISSILE PROCUREMENT, ARMY
SURFACE-TO-AIR MISSILE SYSTEM
2 M-SHORAD—PROCUREMENT 158,300 158,300
3 MSE MISSILE 176,585 0
Inappropriate for EDI, transfer to base [–176,585]
AIR-TO-SURFACE MISSILE SYSTEM
6 HELLFIRE SYS SUMMARY 236,265 236,265
ANTI-TANK/ASSAULT MISSILE SYS
11 GUIDED MLRS ROCKET (GMLRS) 127,015 127,015
15 LETHAL MINIATURE AERIAL MISSILE SYSTEM (LMAMS 84,993 84,993
MODIFICATIONS
17 ATACMS MODS 78,434 78,434
22 MLRS MODS 20,000 20,000
TOTAL MISSILE PROCUREMENT, ARMY 881,592 705,007
PROCUREMENT OF W&TCV, ARMY
WEAPONS & OTHER COMBAT VEHICLES
16 MULTI-ROLE ANTI-ARMOR ANTI-PERSONNEL WEAPON S 4,765 4,765
18 MORTAR SYSTEMS 10,460 10,460
TOTAL PROCUREMENT OF W&TCV, ARMY 15,225 15,225
PROCUREMENT OF AMMUNITION, ARMY
SMALL/MEDIUM CAL AMMUNITION
1 CTG, 5.56MM, ALL TYPES 567 567
2 CTG, 7.62MM, ALL TYPES 40 40
4 CTG, HANDGUN, ALL TYPES 17 17
5 CTG, .50 CAL, ALL TYPES 189 189
8 CTG, 30MM, ALL TYPES 24,900 24,900
ARTILLERY AMMUNITION
16 PROJ 155MM EXTENDED RANGE M982 29,213 29,213
17 ARTILLERY PROPELLANTS, FUZES AND PRIMERS, ALL 21,675 21,675
ROCKETS
20 SHOULDER LAUNCHED MUNITIONS, ALL TYPES 176 176
21 ROCKET, HYDRA 70, ALL TYPES 33,880 33,880
MISCELLANEOUS
29 ITEMS LESS THAN $5 MILLION (AMMO) 11 11
TOTAL PROCUREMENT OF AMMUNITION, ARMY 110,668 110,668
OTHER PROCUREMENT, ARMY
TACTICAL VEHICLES
13 FAMILY OF HEAVY TACTICAL VEHICLES (FHTV) 6,500 6,500
14 PLS ESP 15,163 15,163
17 TACTICAL WHEELED VEHICLE PROTECTION KITS 27,066 27,066
COMM—SATELLITE COMMUNICATIONS
30 TRANSPORTABLE TACTICAL COMMAND COMMUNICATIONS 2,700 2,700
32 ASSURED POSITIONING, NAVIGATION AND TIMING 12,566 12,566
33 SMART-T (SPACE) 289 289
34 GLOBAL BRDCST SVC—GBS 319 319
COMM—COMBAT COMMUNICATIONS
45 FAMILY OF MED COMM FOR COMBAT CASUALTY CARE 1,257 1,257
COMM—INTELLIGENCE COMM
48 CI AUTOMATION ARCHITECTURE (MIP) 1,230 1,230
INFORMATION SECURITY
52 COMMUNICATIONS SECURITY (COMSEC) 128 128
COMM—BASE COMMUNICATIONS
58 INFORMATION SYSTEMS 15,277 15,277
62 INSTALLATION INFO INFRASTRUCTURE MOD PROGRAM 74,004 80,004
EDI: NATO Response Force (NRF) networks [6,000]
ELECT EQUIP—TACT INT REL ACT (TIARA)
68 DCGS-A (MIP) 47,709 47,709
70 TROJAN (MIP) 1,766 1,766
71 MOD OF IN-SVC EQUIP (INTEL SPT) (MIP) 61,450 61,450
73 BIOMETRIC TACTICAL COLLECTION DEVICES (MIP) 12,337 12,337
ELECT EQUIP—ELECTRONIC WARFARE (EW)
80 FAMILY OF PERSISTENT SURVEILLANCE CAP. (MIP) 44,293 44,293
81 COUNTERINTELLIGENCE/SECURITY COUNTERMEASURES 49,100 49,100
ELECT EQUIP—TACTICAL SURV. (TAC SURV)
83 SENTINEL MODS 33,496 33,496
84 NIGHT VISION DEVICES 643 643
87 RADIATION MONITORING SYSTEMS 11 11
88 INDIRECT FIRE PROTECTION FAMILY OF SYSTEMS 37,000 37,000
94 COMPUTER BALLISTICS: LHMBC XM32 280 280
95 MORTAR FIRE CONTROL SYSTEM 13,672 13,672
ELECT EQUIP—TACTICAL C2 SYSTEMS
100 AIR & MSL DEFENSE PLANNING & CONTROL SYS 15,143 15,143
ELECT EQUIP—AUTOMATION
109 ARMY TRAINING MODERNIZATION 4,688 4,688
110 AUTOMATED DATA PROCESSING EQUIP 16,552 16,552
CHEMICAL DEFENSIVE EQUIPMENT
121 FAMILY OF NON-LETHAL EQUIPMENT (FNLE) 25,480 25,480
122 BASE DEFENSE SYSTEMS (BDS) 98,960 98,960
123 CBRN DEFENSE 18,887 18,887
BRIDGING EQUIPMENT
125 TACTICAL BRIDGING 50,400 50,400
ENGINEER (NON-CONSTRUCTION) EQUIPMENT
137 RENDER SAFE SETS KITS OUTFITS 84,000 84,000
COMBAT SERVICE SUPPORT EQUIPMENT
140 HEATERS AND ECU'S 370 370
142 PERSONNEL RECOVERY SUPPORT SYSTEM (PRSS) 3,721 3,721
145 FORCE PROVIDER 56,400 129,800
EDI: Improvements to living quarters for rotational forces in Europe [73,400]
146 FIELD FEEDING EQUIPMENT 2,279 2,279
147 CARGO AERIAL DEL & PERSONNEL PARACHUTE SYSTEM 2,040 2,040
PETROLEUM EQUIPMENT
150 DISTRIBUTION SYSTEMS, PETROLEUM & WATER 4,374 4,374
MEDICAL EQUIPMENT
151 COMBAT SUPPORT MEDICAL 6,390 6,390
MAINTENANCE EQUIPMENT
152 MOBILE MAINTENANCE EQUIPMENT SYSTEMS 7,769 7,769
153 ITEMS LESS THAN $5.0M (MAINT EQ) 184 184
CONSTRUCTION EQUIPMENT
156 LOADERS 3,190 3,190
157 HYDRAULIC EXCAVATOR 7,600 7,600
158 TRACTOR, FULL TRACKED 7,450 7,450
160 HIGH MOBILITY ENGINEER EXCAVATOR (HMEE) 3,703 3,703
162 CONST EQUIP ESP 657 657
GENERATORS
167 GENERATORS AND ASSOCIATED EQUIP 106 106
MATERIAL HANDLING EQUIPMENT
169 FAMILY OF FORKLIFTS 1,885 1,885
OTHER SUPPORT EQUIPMENT
180 RAPID EQUIPPING SOLDIER SUPPORT EQUIPMENT 8,500 8,500
181 PHYSICAL SECURITY SYSTEMS (OPA3) 3,248 3,248
185 BUILDING, PRE-FAB, RELOCATABLE 31,845 31,845
TOTAL OTHER PROCUREMENT, ARMY 924,077 1,003,477
AIRCRAFT PROCUREMENT, NAVY
OTHER AIRCRAFT
24 STUASL0 UAV 7,921 7,921
MODIFICATION OF AIRCRAFT
53 COMMON ECM EQUIPMENT 3,474 3,474
55 COMMON DEFENSIVE WEAPON SYSTEM 3,339 3,339
64 QRC 18,507 18,507
TOTAL AIRCRAFT PROCUREMENT, NAVY 33,241 33,241
WEAPONS PROCUREMENT, NAVY
TACTICAL MISSILES
12 HELLFIRE 5,572 5,572
TOTAL WEAPONS PROCUREMENT, NAVY 5,572 5,572
PROCUREMENT OF AMMO, NAVY & MC
NAVY AMMUNITION
1 GENERAL PURPOSE BOMBS 8,068 8,068
2 JDAM 15,529 15,529
3 AIRBORNE ROCKETS, ALL TYPES 23,000 23,000
4 MACHINE GUN AMMUNITION 22,600 22,600
6 CARTRIDGES & CART ACTUATED DEVICES 3,927 3,927
7 AIR EXPENDABLE COUNTERMEASURES 15,978 15,978
8 JATOS 2,100 2,100
11 OTHER SHIP GUN AMMUNITION 2,611 2,611
12 SMALL ARMS & LANDING PARTY AMMO 1,624 1,624
13 PYROTECHNIC AND DEMOLITION 505 505
TOTAL PROCUREMENT OF AMMO, NAVY & MC 95,942 95,942
OTHER PROCUREMENT, NAVY
SMALL BOATS
28 STANDARD BOATS 19,104 19,104
OTHER SHIP SUPPORT
35 SMALL & MEDIUM UUV 2,946 2,946
ASW ELECTRONIC EQUIPMENT
43 FIXED SURVEILLANCE SYSTEM 213,000 213,000
SONOBUOYS
92 SONOBUOYS—ALL TYPES 26,196 26,196
AIRCRAFT SUPPORT EQUIPMENT
95 AIRCRAFT SUPPORT EQUIPMENT 60,217 60,217
OTHER ORDNANCE SUPPORT EQUIPMENT
110 EXPLOSIVE ORDNANCE DISPOSAL EQUIP 2,124 2,124
CIVIL ENGINEERING SUPPORT EQUIPMENT
115 PASSENGER CARRYING VEHICLES 177 177
116 GENERAL PURPOSE TRUCKS 416 416
118 FIRE FIGHTING EQUIPMENT 801 801
SUPPLY SUPPORT EQUIPMENT
125 FIRST DESTINATION TRANSPORTATION 520 520
TRAINING DEVICES
128 TRAINING AND EDUCATION EQUIPMENT 11,500 11,500
COMMAND SUPPORT EQUIPMENT
130 MEDICAL SUPPORT EQUIPMENT 3,525 3,525
136 PHYSICAL SECURITY EQUIPMENT 3,000 3,000
TOTAL OTHER PROCUREMENT, NAVY 343,526 343,526
PROCUREMENT, MARINE CORPS
GUIDED MISSILES
12 GUIDED MLRS ROCKET (GMLRS) 17,456 17,456
OTHER SUPPORT (TEL)
15 MODIFICATION KITS 4,200 4,200
INTELL/COMM EQUIPMENT (NON-TEL)
22 INTELLIGENCE SUPPORT EQUIPMENT 10,124 10,124
TACTICAL VEHICLES
38 MOTOR TRANSPORT MODIFICATIONS 16,183 16,183
TOTAL PROCUREMENT, MARINE CORPS 47,963 47,963
AIRCRAFT PROCUREMENT, AIR FORCE
HELICOPTERS
13 COMBAT RESCUE HELICOPTER 174,000 174,000
OTHER AIRCRAFT
20 MQ–9 142,490 142,490
21 RQ–20B PUMA 13,770 13,770
STRATEGIC AIRCRAFT
26 LARGE AIRCRAFT INFRARED COUNTERMEASURES 57,521 57,521
OTHER AIRCRAFT
46 U–2 MODS 9,600 9,600
55 COMPASS CALL 12,800 12,800
66 HC/MC–130 MODIFICATIONS 58,020 58,020
69 MQ–9 UAS PAYLOADS 46,100 46,100
70 CV–22 MODS 6,290 6,290
AIRCRAFT SPARES AND REPAIR PARTS
71 INITIAL SPARES/REPAIR PARTS 10,700 10,700
72 MQ–9 12,250 12,250
COMMON SUPPORT EQUIPMENT
73 AIRCRAFT REPLACEMENT SUPPORT EQUIP 25,614 25,614
TOTAL AIRCRAFT PROCUREMENT, AIR FORCE 569,155 569,155
MISSILE PROCUREMENT, AIR FORCE
TACTICAL
4 JOINT AIR-SURFACE STANDOFF MISSILE 30,000 30,000
8 PREDATOR HELLFIRE MISSILE 143,420 143,420
9 SMALL DIAMETER BOMB 50,352 50,352
TOTAL MISSILE PROCUREMENT, AIR FORCE 223,772 223,772
PROCUREMENT OF AMMUNITION, AIR FORCE
ROCKETS
1 ROCKETS 19,489 19,489
CARTRIDGES
2 CARTRIDGES 40,434 40,434
BOMBS
4 GENERAL PURPOSE BOMBS 369,566 369,566
6 JOINT DIRECT ATTACK MUNITION 237,723 237,723
FLARES
15 FLARES 21,171 21,171
FUZES
16 FUZES 107,855 107,855
SMALL ARMS
17 SMALL ARMS 6,217 6,217
TOTAL PROCUREMENT OF AMMUNITION, AIR FORCE 802,455 802,455
OTHER PROCUREMENT, AIR FORCE
PASSENGER CARRYING VEHICLES
1 PASSENGER CARRYING VEHICLES 1,302 1,302
CARGO AND UTILITY VEHICLES
2 MEDIUM TACTICAL VEHICLE 3,400 3,400
4 CARGO AND UTILITY VEHICLES 12,475 12,475
SPECIAL PURPOSE VEHICLES
5 JOINT LIGHT TACTICAL VEHICLE 26,150 26,150
7 SPECIAL PURPOSE VEHICLES 51,254 51,254
FIRE FIGHTING EQUIPMENT
8 FIRE FIGHTING/CRASH RESCUE VEHICLES 24,903 24,903
MATERIALS HANDLING EQUIPMENT
9 MATERIALS HANDLING VEHICLES 14,167 14,167
BASE MAINTENANCE SUPPORT
10 RUNWAY SNOW REMOV AND CLEANING EQU 5,759 5,759
11 BASE MAINTENANCE SUPPORT VEHICLES 20,653 20,653
SPCL COMM-ELECTRONICS PROJECTS
26 GENERAL INFORMATION TECHNOLOGY 5,100 5,100
30 AIR FORCE PHYSICAL SECURITY SYSTEM 56,496 56,496
ORGANIZATION AND BASE
49 BASE COMM INFRASTRUCTURE 30,717 30,717
BASE SUPPORT EQUIPMENT
55 ENGINEERING AND EOD EQUIPMENT 13,172 13,172
56 MOBILITY EQUIPMENT 33,694 33,694
57 FUELS SUPPORT EQUIPMENT (FSE) 1,777 1,777
58 BASE MAINTENANCE AND SUPPORT EQUIPMENT 31,620 31,620
SPECIAL SUPPORT PROJECTS
61 DCGS-AF 18,700 18,700
SPARES AND REPAIR PARTS
65 SPARES AND REPAIR PARTS 4,000 4,000
TOTAL OTHER PROCUREMENT, AIR FORCE 355,339 355,339
PROCUREMENT, DEFENSE-WIDE
MAJOR EQUIPMENT, DISA
16 DEFENSE INFORMATION SYSTEM NETWORK 6,120 6,120
MAJOR EQUIPMENT, DEFENSE THREAT REDUCTION AGENCY
30 COUNTER IMPROVISED THREAT TECHNOLOGIES 2,540 2,540
CLASSIFIED PROGRAMS 3,500 3,500
CLASSIFIED PROGRAMS
AVIATION PROGRAMS
56 MANNED ISR 5,000 5,000
57 MC–12 5,000 5,000
60 UNMANNED ISR 8,207 8,207
AMMUNITION PROGRAMS
70 ORDNANCE ITEMS <$5M 105,355 105,355
OTHER PROCUREMENT PROGRAMS
71 INTELLIGENCE SYSTEMS 16,234 16,234
73 OTHER ITEMS <$5M 984 984
76 TACTICAL VEHICLES 2,990 2,990
77 WARRIOR SYSTEMS <$5M 32,573 32,573
78 COMBAT MISSION REQUIREMENTS 10,000 10,000
80 OPERATIONAL ENHANCEMENTS INTELLIGENCE 6,724 6,724
81 OPERATIONAL ENHANCEMENTS 53,264 53,264
TOTAL PROCUREMENT, DEFENSE-WIDE 258,491 258,491
TOTAL PROCUREMENT 5,128,098 5,030,913
XLII
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
4201.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION(In Thousands of Dollars)
Line ProgramElement Item FY 2021 Request Senate Authorized
RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY
BASIC RESEARCH
2 0601102A DEFENSE RESEARCH SCIENCES 303,257 315,257
AI human performance optimization [2,000]
Increase in basic research [10,000]
3 0601103A UNIVERSITY RESEARCH INITIATIVES 67,148 67,148
4 0601104A UNIVERSITY AND INDUSTRY RESEARCH CENTERS 87,877 87,877
5 0601121A CYBER COLLABORATIVE RESEARCH ALLIANCE 5,077 5,077
SUBTOTAL BASIC RESEARCH 463,359 475,359
APPLIED RESEARCH
7 0602115A BIOMEDICAL TECHNOLOGY 11,835 15,835
Pandemic vaccine response [4,000]
11 0602134A COUNTER IMPROVISED-THREAT ADVANCED STUDIES 2,000 2,000
12 0602141A LETHALITY TECHNOLOGY 42,425 45,425
Hybrid additive manufacturing [3,000]
13 0602142A ARMY APPLIED RESEARCH 30,757 33,757
Pathfinder Air Assault [3,000]
14 0602143A SOLDIER LETHALITY TECHNOLOGY 125,435 135,935
Harnessing Emerging Research Opportunities to Empower Soldiers Program [2,500]
Metal-based display technologies [3,000]
Pathfinder Airborne [5,000]
15 0602144A GROUND TECHNOLOGY 28,047 30,047
Ground technology advanced manufacturing, materials and process initiative [2,000]
16 0602145A NEXT GENERATION COMBAT VEHICLE TECHNOLOGY 217,565 227,565
Ground combat vehicle platform electrification [2,000]
Immersive virtual modeling and simulation techniques [5,000]
Next Generation Combat Vehicle modeling and simulation [3,000]
17 0602146A NETWORK C3I TECHNOLOGY 114,404 126,404
Backpackable Communications Intelligence System [5,000]
Defense resiliency platform against extreme cold weather [3,000]
Multi-drone multi-sensor ISR capability [2,000]
Quantum computing base materials optimization [2,000]
18 0602147A LONG RANGE PRECISION FIRES TECHNOLOGY 60,553 67,553
Composite artillery tube and propulsion prototyping [7,000]
19 0602148A FUTURE VERTICLE LIFT TECHNOLOGY 96,484 96,484
20 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 56,298 66,298
Counter unmanned aerial systems threat R&D [5,000]
Counter unmanned aircraft systems research [5,000]
22 0602213A C3I APPLIED CYBER 18,816 18,816
40 0602785A MANPOWER/PERSONNEL/TRAINING TECHNOLOGY 20,766 20,766
42 0602787A MEDICAL TECHNOLOGY 95,496 97,496
Research for coronavirus vaccine [2,000]
SUBTOTAL APPLIED RESEARCH 920,881 984,381
ADVANCED TECHNOLOGY DEVELOPMENT
44 0603002A MEDICAL ADVANCED TECHNOLOGY 38,896 38,896
49 0603007A MANPOWER, PERSONNEL AND TRAINING ADVANCED TECHNOLOGY 11,659 11,659
52 0603115A MEDICAL DEVELOPMENT 27,723 27,723
53 0603117A ARMY ADVANCED TECHNOLOGY DEVELOPMENT 62,663 62,663
54 0603118A SOLDIER LETHALITY ADVANCED TECHNOLOGY 109,608 111,608
3D advanced manufacturing [2,000]
55 0603119A GROUND ADVANCED TECHNOLOGY 14,795 20,795
Cybersecurity for industrial control systems and building automation [3,000]
Graphene applications for military engineering [3,000]
59 0603134A COUNTER IMPROVISED-THREAT SIMULATION 25,000 25,000
63 0603457A C3I CYBER ADVANCED DEVELOPMENT 23,357 23,357
64 0603461A HIGH PERFORMANCE COMPUTING MODERNIZATION PROGRAM 188,024 193,024
High performance computing modernization [5,000]
65 0603462A NEXT GENERATION COMBAT VEHICLE ADVANCED TECHNOLOGY 199,358 226,858
Carbon fiber and graphitic composites [10,000]
Cyber and connected vehicle innovation research [5,000]
Small unit ground robotic capabilities [7,500]
Virtual experimentations enhancement [5,000]
66 0603463A NETWORK C3I ADVANCED TECHNOLOGY 158,608 158,608
67 0603464A LONG RANGE PRECISION FIRES ADVANCED TECHNOLOGY 121,060 124,060
Hyper velocity projectile—extended range technologies [3,000]
68 0603465A FUTURE VERTICAL LIFT ADVANCED TECHNOLOGY 156,194 156,194
69 0603466A AIR AND MISSILE DEFENSE ADVANCED TECHNOLOGY 58,130 73,630
Electromagnetic effects research to support fires and AMD CFTs [5,000]
High-energy laser system characterization lab [10,500]
77 0603920A HUMANITARIAN DEMINING 8,515 8,515
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 1,203,590 1,262,590
ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
78 0603305A ARMY MISSLE DEFENSE SYSTEMS INTEGRATION 11,062 14,062
Hypersonic hot air tunnel test environment [3,000]
79 0603308A ARMY SPACE SYSTEMS INTEGRATION 26,230 26,230
80 0603327A AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING 26,482 26,482
81 0603619A LANDMINE WARFARE AND BARRIER—ADV DEV 64,092 64,092
83 0603639A TANK AND MEDIUM CALIBER AMMUNITION 92,753 92,753
84 0603645A ARMORED SYSTEM MODERNIZATION—ADV DEV 151,478 151,478
85 0603747A SOLDIER SUPPORT AND SURVIVABILITY 5,841 5,841
86 0603766A TACTICAL ELECTRONIC SURVEILLANCE SYSTEM—ADV DEV 194,775 194,775
87 0603774A NIGHT VISION SYSTEMS ADVANCED DEVELOPMENT 24,316 24,316
88 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY—DEM/VAL 13,387 13,387
89 0603790A NATO RESEARCH AND DEVELOPMENT 4,762 4,762
90 0603801A AVIATION—ADV DEV 647,937 652,937
Future Long Range Assault Aircraft (FLRAA) [5,000]
91 0603804A LOGISTICS AND ENGINEER EQUIPMENT—ADV DEV 4,761 4,761
92 0603807A MEDICAL SYSTEMS—ADV DEV 28,520 28,520
93 0603827A SOLDIER SYSTEMS—ADVANCED DEVELOPMENT 26,138 26,138
94 0604017A ROBOTICS DEVELOPMENT 121,207 121,207
96 0604021A ELECTRONIC WARFARE TECHNOLOGY MATURATION (MIP) 22,840 22,840
97 0604035A LOW EARTH ORBIT (LEO) SATELLITE CAPABILITY 22,678 22,678
98 0604100A ANALYSIS OF ALTERNATIVES 10,082 10,082
99 0604101A SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.4) 1,378 1,378
100 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT SYSTEM (FTUAS) 40,083 40,083
101 0604114A LOWER TIER AIR MISSILE DEFENSE (LTAMD) SENSOR 376,373 376,373
102 0604115A TECHNOLOGY MATURATION INITIATIVES 156,834 146,834
OpFires lack of transition pathway [–10,000]
103 0604117A MANEUVER—SHORT RANGE AIR DEFENSE (M-SHORAD) 4,995 4,995
105 0604119A ARMY ADVANCED COMPONENT DEVELOPMENT & PROTOTYPING 170,490 170,490
106 0604120A ASSURED POSITIONING, NAVIGATION AND TIMING (PNT) 128,125 128,125
107 0604121A SYNTHETIC TRAINING ENVIRONMENT REFINEMENT & PROTOTYPING 129,547 129,547
108 0604134A COUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND TESTING 13,831 13,831
109 0604182A HYPERSONICS 801,417 796,417
Lack of hypersonic prototyping coordination [–5,000]
111 0604403A FUTURE INTERCEPTOR 7,992 7,992
112 0604541A UNIFIED NETWORK TRANSPORT 40,677 40,677
115 0305251A CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT 50,525 50,525
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 3,421,608 3,414,608
SYSTEM DEVELOPMENT & DEMONSTRATION
118 0604201A AIRCRAFT AVIONICS 2,764 2,764
119 0604270A ELECTRONIC WARFARE DEVELOPMENT 62,426 62,426
121 0604601A INFANTRY SUPPORT WEAPONS 91,574 91,574
122 0604604A MEDIUM TACTICAL VEHICLES 8,523 8,523
123 0604611A JAVELIN 7,493 7,493
124 0604622A FAMILY OF HEAVY TACTICAL VEHICLES 24,792 24,792
125 0604633A AIR TRAFFIC CONTROL 3,511 3,511
126 0604642A LIGHT TACTICAL WHEELED VEHICLES 1,976 1,976
127 0604645A ARMORED SYSTEMS MODERNIZATION (ASM)—ENG DEV 135,488 135,488
128 0604710A NIGHT VISION SYSTEMS—ENG DEV 61,445 61,445
129 0604713A COMBAT FEEDING, CLOTHING, AND EQUIPMENT 2,814 2,814
130 0604715A NON-SYSTEM TRAINING DEVICES—ENG DEV 28,036 28,036
131 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV 43,651 83,651
Joint Counter-UAS Office acceleration [17,500]
Joint Counter-UAS Office SOCOM advanced capabilities [7,500]
Joint Counter-UAS Office SOCOM demonstrations [15,000]
132 0604742A CONSTRUCTIVE SIMULATION SYSTEMS DEVELOPMENT 10,150 10,150
133 0604746A AUTOMATIC TEST EQUIPMENT DEVELOPMENT 5,578 5,578
134 0604760A DISTRIBUTIVE INTERACTIVE SIMULATIONS (DIS)—ENG DEV 7,892 7,892
135 0604768A BRILLIANT ANTI-ARMOR SUBMUNITION (BAT) 24,975 24,975
136 0604780A COMBINED ARMS TACTICAL TRAINER (CATT) CORE 3,568 3,568
137 0604798A BRIGADE ANALYSIS, INTEGRATION AND EVALUATION 19,268 19,268
138 0604802A WEAPONS AND MUNITIONS—ENG DEV 265,811 266,611
Increase NGSW soldier touchpoints [800]
139 0604804A LOGISTICS AND ENGINEER EQUIPMENT—ENG DEV 49,694 49,694
140 0604805A COMMAND, CONTROL, COMMUNICATIONS SYSTEMS—ENG DEV 11,079 11,079
141 0604807A MEDICAL MATERIEL/MEDICAL BIOLOGICAL DEFENSE EQUIPMENT—ENG DEV 49,870 49,870
142 0604808A LANDMINE WARFARE/BARRIER—ENG DEV 9,589 9,589
143 0604818A ARMY TACTICAL COMMAND & CONTROL HARDWARE & SOFTWARE 162,513 162,513
144 0604820A RADAR DEVELOPMENT 109,259 109,259
145 0604822A GENERAL FUND ENTERPRISE BUSINESS SYSTEM (GFEBS) 21,201 21,201
146 0604823A FIREFINDER 20,008 20,008
147 0604827A SOLDIER SYSTEMS—WARRIOR DEM/VAL 6,534 6,534
148 0604852A SUITE OF SURVIVABILITY ENHANCEMENT SYSTEMS—EMD 82,459 129,459
Bradley and Stryker APS [47,000]
149 0604854A ARTILLERY SYSTEMS—EMD 11,611 11,611
150 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 142,678 147,678
Integrated data software pilot program [5,000]
151 0605018A INTEGRATED PERSONNEL AND PAY SYSTEM-ARMY (IPPS-A) 115,286 115,286
152 0605028A ARMORED MULTI-PURPOSE VEHICLE (AMPV) 96,594 96,594
154 0605030A JOINT TACTICAL NETWORK CENTER (JTNC) 16,264 16,264
155 0605031A JOINT TACTICAL NETWORK (JTN) 31,696 31,696
157 0605033A GROUND-BASED OPERATIONAL SURVEILLANCE SYSTEM—EXPEDITIONARY (GBOSS-E) 5,976 5,976
159 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) 23,321 23,321
161 0605038A NUCLEAR BIOLOGICAL CHEMICAL RECONNAISSANCE VEHICLE (NBCRV) SENSOR SUITE 4,846 4,846
162 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT 28,544 16,544
Army Cyber SU program [–12,000]
163 0605042A TACTICAL NETWORK RADIO SYSTEMS (LOW-TIER) 28,178 28,178
164 0605047A CONTRACT WRITING SYSTEM 22,860 22,860
166 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 35,893 35,893
167 0605052A INDIRECT FIRE PROTECTION CAPABILITY INC 2—BLOCK 1 235,770 187,970
Army-identified funding early to need [–47,800]
168 0605053A GROUND ROBOTICS 13,710 13,710
169 0605054A EMERGING TECHNOLOGY INITIATIVES 294,739 294,739
170 0605145A MEDICAL PRODUCTS AND SUPPORT SYSTEMS DEVELOPMENT 954 954
171 0605203A ARMY SYSTEM DEVELOPMENT & DEMONSTRATION 150,201 150,201
172 0605205A SMALL UNMANNED AERIAL VEHICLE (SUAV) (6.5) 5,999 5,999
174 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 8,891 8,891
175 0605457A ARMY INTEGRATED AIR AND MISSILE DEFENSE (AIAMD) 193,929 193,929
176 0605625A MANNED GROUND VEHICLE 327,732 247,732
OMFV program reset [–80,000]
177 0605766A NATIONAL CAPABILITIES INTEGRATION (MIP) 7,670 7,670
178 0605812A JOINT LIGHT TACTICAL VEHICLE (JLTV) ENGINEERING AND MANUFACTURING DEVELOPMENT PH 1,742 1,742
179 0605830A AVIATION GROUND SUPPORT EQUIPMENT 1,467 1,467
180 0303032A TROJAN—RH12 3,451 3,451
183 0304270A ELECTRONIC WARFARE DEVELOPMENT 55,855 55,855
SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 3,199,798 3,152,798
MANAGEMENT SUPPORT
185 0604256A THREAT SIMULATOR DEVELOPMENT 14,515 14,515
186 0604258A TARGET SYSTEMS DEVELOPMENT 10,668 10,668
187 0604759A MAJOR T&E INVESTMENT 106,270 106,270
188 0605103A RAND ARROYO CENTER 13,481 13,481
189 0605301A ARMY KWAJALEIN ATOLL 231,824 231,824
190 0605326A CONCEPTS EXPERIMENTATION PROGRAM 54,898 54,898
192 0605601A ARMY TEST RANGES AND FACILITIES 350,359 365,359
Program increase—Army directed energy T&E [15,000]
193 0605602A ARMY TECHNICAL TEST INSTRUMENTATION AND TARGETS 48,475 48,475
194 0605604A SURVIVABILITY/LETHALITY ANALYSIS 36,001 36,001
195 0605606A AIRCRAFT CERTIFICATION 2,736 2,736
196 0605702A METEOROLOGICAL SUPPORT TO RDT&E ACTIVITIES 6,488 6,488
197 0605706A MATERIEL SYSTEMS ANALYSIS 21,859 21,859
198 0605709A EXPLOITATION OF FOREIGN ITEMS 7,936 7,936
199 0605712A SUPPORT OF OPERATIONAL TESTING 54,470 54,470
200 0605716A ARMY EVALUATION CENTER 63,141 63,141
201 0605718A ARMY MODELING & SIM X-CMD COLLABORATION & INTEG 2,572 2,572
202 0605801A PROGRAMWIDE ACTIVITIES 87,472 87,472
203 0605803A TECHNICAL INFORMATION ACTIVITIES 26,244 26,244
204 0605805A MUNITIONS STANDARDIZATION, EFFECTIVENESS AND SAFETY 40,133 40,133
205 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY MGMT SUPPORT 1,780 1,780
206 0605898A ARMY DIRECT REPORT HEADQUARTERS—R&D - MHA 55,045 55,045
208 0606002A RONALD REAGAN BALLISTIC MISSILE DEFENSE TEST SITE 71,306 71,306
209 0606003A COUNTERINTEL AND HUMAN INTEL MODERNIZATION 1,063 1,063
210 0606105A MEDICAL PROGRAM-WIDE ACTIVITIES 19,891 19,891
211 0606942A ASSESSMENTS AND EVALUATIONS CYBER VULNERABILITIES 4,496 4,496
SUBTOTAL MANAGEMENT SUPPORT 1,333,123 1,348,123
OPERATIONAL SYSTEMS DEVELOPMENT
214 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM 10,157 10,157
216 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT 8,682 8,682
217 0607131A WEAPONS AND MUNITIONS PRODUCT IMPROVEMENT PROGRAMS 20,409 20,409
219 0607134A LONG RANGE PRECISION FIRES (LRPF) 122,733 115,233
Excess funds due to second vendor dropped [–7,500]
221 0607136A BLACKHAWK PRODUCT IMPROVEMENT PROGRAM 11,236 11,236
222 0607137A CHINOOK PRODUCT IMPROVEMENT PROGRAM 46,091 46,091
224 0607139A IMPROVED TURBINE ENGINE PROGRAM 249,257 249,257
225 0607142A AVIATION ROCKET SYSTEM PRODUCT IMPROVEMENT AND DEVELOPMENT 17,155 17,155
226 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL PRODUCTS 7,743 7,743
227 0607145A APACHE FUTURE DEVELOPMENT 77,177 77,177
228 0607150A INTEL CYBER DEVELOPMENT 14,652 14,652
229 0607312A ARMY OPERATIONAL SYSTEMS DEVELOPMENT 35,851 35,851
230 0607665A FAMILY OF BIOMETRICS 1,324 1,324
231 0607865A PATRIOT PRODUCT IMPROVEMENT 187,840 187,840
232 0203728A JOINT AUTOMATED DEEP OPERATION COORDINATION SYSTEM (JADOCS) 44,691 44,691
233 0203735A COMBAT VEHICLE IMPROVEMENT PROGRAMS 268,919 268,919
234 0203743A 155MM SELF-PROPELLED HOWITZER IMPROVEMENTS 427,254 427,254
235 0203744A AIRCRAFT MODIFICATIONS/PRODUCT IMPROVEMENT PROGRAMS 11,688 11,688
236 0203752A AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 80 80
237 0203758A DIGITIZATION 4,516 4,516
238 0203801A MISSILE/AIR DEFENSE PRODUCT IMPROVEMENT PROGRAM 1,288 1,288
239 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS 79,424 79,424
243 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY—OPERATIONAL SYSTEM DEV 259 259
244 0205456A LOWER TIER AIR AND MISSILE DEFENSE (AMD) SYSTEM 166 166
245 0205778A GUIDED MULTIPLE-LAUNCH ROCKET SYSTEM (GMLRS) 75,575 93,075
Qualification of second SRM source [17,500]
246 0208053A JOINT TACTICAL GROUND SYSTEM 9,510 9,510
249 0303140A INFORMATION SYSTEMS SECURITY PROGRAM 29,270 29,270
250 0303141A GLOBAL COMBAT SUPPORT SYSTEM 86,908 86,908
251 0303142A SATCOM GROUND ENVIRONMENT (SPACE) 18,684 18,684
256 0305179A INTEGRATED BROADCAST SERVICE (IBS) 467 467
257 0305204A TACTICAL UNMANNED AERIAL VEHICLES 4,051 4,051
258 0305206A AIRBORNE RECONNAISSANCE SYSTEMS 13,283 13,283
259 0305208A DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 47,204 47,204
264 0708045A END ITEM INDUSTRIAL PREPAREDNESS ACTIVITIES 61,012 78,512
Functional fabrics manufacturing [7,500]
Nanoscale materials manufacturing [5,000]
Tungsten manufacturing for armanents [5,000]
999 9999999999 CLASSIFIED PROGRAMS 3,983 3,983
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 1,998,539 2,026,039
SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS
267 0608041A DEFENSIVE CYBER—SOFTWARE PROTOTYPE DEVELOPMENT 46,445 46,445
SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 46,445 46,445
TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 12,587,343 12,710,343
RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY
BASIC RESEARCH
1 0601103N UNIVERSITY RESEARCH INITIATIVES 116,816 118,816
Defense University Research and Instrumentation Program [2,000]
2 0601152N IN-HOUSE LABORATORY INDEPENDENT RESEARCH 19,113 19,113
3 0601153N DEFENSE RESEARCH SCIENCES 467,158 480,158
Increase in basic research [10,000]
Predictive modeling for undersea vehicles [3,000]
SUBTOTAL BASIC RESEARCH 603,087 618,087
APPLIED RESEARCH
4 0602114N POWER PROJECTION APPLIED RESEARCH 17,792 17,792
5 0602123N FORCE PROTECTION APPLIED RESEARCH 122,281 140,281
Direct air capture and blue carbon removal technology program [8,000]
Electric propulsion for military craft and advanced planning hulls [2,000]
Expeditionary unmanned systems launch and recovery [5,000]
Testbed for autonomous ship systems [3,000]
6 0602131M MARINE CORPS LANDING FORCE TECHNOLOGY 50,623 53,623
Interdisciplinary cybersecurity research [3,000]
7 0602235N COMMON PICTURE APPLIED RESEARCH 48,001 48,001
8 0602236N WARFIGHTER SUSTAINMENT APPLIED RESEARCH 67,765 74,765
Humanoid robotics research [4,000]
Social networks and computational social science [3,000]
9 0602271N ELECTROMAGNETIC SYSTEMS APPLIED RESEARCH 84,994 84,994
10 0602435N OCEAN WARFIGHTING ENVIRONMENT APPLIED RESEARCH 63,392 63,392
11 0602651M JOINT NON-LETHAL WEAPONS APPLIED RESEARCH 6,343 6,343
12 0602747N UNDERSEA WARFARE APPLIED RESEARCH 56,397 63,897
Navy and academia submarine partnerships [7,500]
13 0602750N FUTURE NAVAL CAPABILITIES APPLIED RESEARCH 167,590 167,590
14 0602782N MINE AND EXPEDITIONARY WARFARE APPLIED RESEARCH 30,715 30,715
15 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) APPLIED RESEARCH 160,537 167,837
Thermoplastic materials [7,300]
16 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT—ONR FIELD ACITIVITIES 76,745 76,745
SUBTOTAL APPLIED RESEARCH 953,175 995,975
ADVANCED TECHNOLOGY DEVELOPMENT
17 0603123N FORCE PROTECTION ADVANCED TECHNOLOGY 24,410 24,410
18 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED TECHNOLOGY 8,008 8,008
19 0603640M USMC ADVANCED TECHNOLOGY DEMONSTRATION (ATD) 219,045 222,045
Mission planning advanced technology demonstration [3,000]
20 0603651M JOINT NON-LETHAL WEAPONS TECHNOLOGY DEVELOPMENT 13,301 13,301
21 0603673N FUTURE NAVAL CAPABILITIES ADVANCED TECHNOLOGY DEVELOPMENT 246,054 246,054
22 0603680N MANUFACTURING TECHNOLOGY PROGRAM 60,122 60,122
23 0603729N WARFIGHTER PROTECTION ADVANCED TECHNOLOGY 4,851 4,851
24 0603758N NAVY WARFIGHTING EXPERIMENTS AND DEMONSTRATIONS 40,709 40,709
25 0603782N MINE AND EXPEDITIONARY WARFARE ADVANCED TECHNOLOGY 1,948 1,948
26 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) ADVANCED TECHNOLOGY DEVELOPMENT 141,948 141,948
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 760,396 763,396
ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
27 0603178N MEDIUM AND LARGE UNMANNED SURFACE VEHICLES (USVS) 464,042 0
Excess procurement ahead of satisfactory testing [–464,042]
28 0603207N AIR/OCEAN TACTICAL APPLICATIONS 35,386 35,386
29 0603216N AVIATION SURVIVABILITY 13,428 13,428
30 0603239N ISO NAVAL CONSTRUCTION FORCES 2,350 2,350
31 0603251N AIRCRAFT SYSTEMS 418 418
32 0603254N ASW SYSTEMS DEVELOPMENT 15,719 15,719
33 0603261N TACTICAL AIRBORNE RECONNAISSANCE 3,411 3,411
34 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 70,218 56,118
Project 3416: HIJENKS insufficient schedule justification [–7,000]
Project 3422: SHARC excess platforms ahead of satisfactory testing [–7,100]
35 0603502N SURFACE AND SHALLOW WATER MINE COUNTERMEASURES 52,358 24,158
Project 2989: Barracuda program delay [–28,200]
36 0603506N SURFACE SHIP TORPEDO DEFENSE 12,816 12,816
37 0603512N CARRIER SYSTEMS DEVELOPMENT 7,559 7,559
38 0603525N PILOT FISH 358,757 358,757
39 0603527N RETRACT LARCH 12,562 12,562
40 0603536N RETRACT JUNIPER 148,000 148,000
41 0603542N RADIOLOGICAL CONTROL 778 778
42 0603553N SURFACE ASW 1,161 1,161
43 0603561N ADVANCED SUBMARINE SYSTEM DEVELOPMENT 185,356 195,356
Out-of-autoclave submarine technology development [20,000]
Project 9710: EDMs early to need [–10,000]
44 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 10,528 10,528
45 0603563N SHIP CONCEPT ADVANCED DESIGN 126,396 63,296
Project 2196: Future surface combatant early to need [–19,100]
Project 3161: Program increase for CBM+ initiative [16,000]
Project 4044: Medium amphibious ship early to need [–30,000]
Project 4045: Medium logistics ship early to need [–30,000]
46 0603564N SHIP PRELIMINARY DESIGN & FEASIBILITY STUDIES 70,270 28,970
Project 0411: LSC preliminary design and CDD early to need [–41,300]
47 0603570N ADVANCED NUCLEAR POWER SYSTEMS 149,188 149,188
48 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 38,449 238,449
Accelerate ITF to achieve full test capability in FY23 [75,000]
Accelerate qualification of silicon carbide power modules [10,000]
USV autonomy development [45,000]
USV engine and generator qualification testing [70,000]
49 0603576N CHALK EAGLE 71,181 71,181
50 0603581N LITTORAL COMBAT SHIP (LCS) 32,178 27,178
Project 3096: Available prior year funds [–5,000]
51 0603582N COMBAT SYSTEM INTEGRATION 17,843 17,843
52 0603595N OHIO REPLACEMENT 317,196 317,196
53 0603596N LCS MISSION MODULES 67,875 32,875
Project 2550: LCS MCM MP outdated IMS and TEMP [–20,000]
Project 2551: LCS ASW MP available prior year funds due to testing delays [–15,000]
54 0603597N AUTOMATED TEST AND ANALYSIS 4,797 4,797
55 0603599N FRIGATE DEVELOPMENT 82,309 82,309
56 0603609N CONVENTIONAL MUNITIONS 9,922 2,122
Project 0363: Insufficient justification [–7,800]
57 0603635M MARINE CORPS GROUND COMBAT/SUPPORT SYSTEM 189,603 189,603
58 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT 43,084 43,084
59 0603713N OCEAN ENGINEERING TECHNOLOGY DEVELOPMENT 6,346 6,346
60 0603721N ENVIRONMENTAL PROTECTION 20,601 20,601
61 0603724N NAVY ENERGY PROGRAM 23,422 23,422
62 0603725N FACILITIES IMPROVEMENT 4,664 4,664
63 0603734N CHALK CORAL 545,763 545,763
64 0603739N NAVY LOGISTIC PRODUCTIVITY 3,884 3,884
65 0603746N RETRACT MAPLE 353,226 353,226
66 0603748N LINK PLUMERIA 544,388 544,388
67 0603751N RETRACT ELM 86,730 86,730
68 0603764M LINK EVERGREEN 236,234 236,234
70 0603790N NATO RESEARCH AND DEVELOPMENT 6,880 6,880
71 0603795N LAND ATTACK TECHNOLOGY 10,578 10,578
72 0603851M JOINT NON-LETHAL WEAPONS TESTING 28,435 28,435
73 0603860N JOINT PRECISION APPROACH AND LANDING SYSTEMS—DEM/VAL 33,612 33,612
74 0603925N DIRECTED ENERGY AND ELECTRIC WEAPON SYSTEMS 128,845 113,845
Project 3402: Excess engineering and sustainment support [–15,000]
75 0604014N F/A –18 INFRARED SEARCH AND TRACK (IRST) 84,190 84,190
76 0604027N DIGITAL WARFARE OFFICE 54,699 54,699
77 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA VEHICLES 53,942 53,942
78 0604029N UNMANNED UNDERSEA VEHICLE CORE TECHNOLOGIES 40,060 40,060
79 0604030N RAPID PROTOTYPING, EXPERIMENTATION AND DEMONSTRATION. 12,100 12,100
80 0604031N LARGE UNMANNED UNDERSEA VEHICLES 78,122 42,122
Project 2094: Excess procurement ahead of phase 1 testing [–36,000]
81 0604112N GERALD R. FORD CLASS NUCLEAR AIRCRAFT CARRIER (CVN 78—80) 107,895 107,895
82 0604126N LITTORAL AIRBORNE MCM 17,366 17,366
83 0604127N SURFACE MINE COUNTERMEASURES 18,754 18,754
84 0604272N TACTICAL AIR DIRECTIONAL INFRARED COUNTERMEASURES (TADIRCM) 59,776 59,776
86 0604292N FUTURE VERTICAL LIFT (MARITIME STRIKE) 5,097 5,097
87 0604320M RAPID TECHNOLOGY CAPABILITY PROTOTYPE 3,664 3,664
88 0604454N LX (R) 10,203 10,203
89 0604536N ADVANCED UNDERSEA PROTOTYPING 115,858 95,858
Orca UUV testing delay and uncertified test strategy [–10,000]
Snakehead UUV uncertified test strategy [–10,000]
90 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS (C-UAS) 14,259 14,259
91 0604659N PRECISION STRIKE WEAPONS DEVELOPMENT PROGRAM 1,102,387 1,045,387
Lack of hypersonic prototyping coordination [–5,000]
Project 3334: Excess Virginia-class CPS modification and installation costs [–52,000]
92 0604707N SPACE AND ELECTRONIC WARFARE (SEW) ARCHITECTURE/ENGINEERING SUPPORT 7,657 7,657
93 0604786N OFFENSIVE ANTI-SURFACE WARFARE WEAPON DEVELOPMENT 35,750 35,750
94 0303354N ASW SYSTEMS DEVELOPMENT—MIP 9,151 9,151
95 0304240M ADVANCED TACTICAL UNMANNED AIRCRAFT SYSTEM 22,589 22,589
97 0304270N ELECTRONIC WARFARE DEVELOPMENT—MIP 809 809
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 6,503,074 5,926,532
SYSTEM DEVELOPMENT & DEMONSTRATION
98 0603208N TRAINING SYSTEM AIRCRAFT 4,332 4,332
99 0604212N OTHER HELO DEVELOPMENT 18,133 23,133
Program increase for Attack and Utility Replacement Aircraft [5,000]
100 0604214M AV–8B AIRCRAFT—ENG DEV 20,054 20,054
101 0604215N STANDARDS DEVELOPMENT 4,237 4,237
102 0604216N MULTI-MISSION HELICOPTER UPGRADE DEVELOPMENT 27,340 27,340
104 0604221N P–3 MODERNIZATION PROGRAM 606 606
105 0604230N WARFARE SUPPORT SYSTEM 9,065 9,065
106 0604231N TACTICAL COMMAND SYSTEM 97,968 97,968
107 0604234N ADVANCED HAWKEYE 309,373 309,373
108 0604245M H–1 UPGRADES 62,310 62,310
109 0604261N ACOUSTIC SEARCH SENSORS 47,182 47,182
110 0604262N V–22A 132,624 132,624
111 0604264N AIR CREW SYSTEMS DEVELOPMENT 21,445 21,445
112 0604269N EA–18 106,134 106,134
113 0604270N ELECTRONIC WARFARE DEVELOPMENT 134,194 134,194
114 0604273M EXECUTIVE HELO DEVELOPMENT 99,321 99,321
115 0604274N NEXT GENERATION JAMMER (NGJ) 477,680 477,680
116 0604280N JOINT TACTICAL RADIO SYSTEM—NAVY (JTRS-NAVY) 232,818 232,818
117 0604282N NEXT GENERATION JAMMER (NGJ) INCREMENT II 170,039 170,039
118 0604307N SURFACE COMBATANT COMBAT SYSTEM ENGINEERING 403,712 403,712
119 0604311N LPD–17 CLASS SYSTEMS INTEGRATION 945 945
120 0604329N SMALL DIAMETER BOMB (SDB) 62,488 62,488
121 0604366N STANDARD MISSILE IMPROVEMENTS 386,225 386,225
122 0604373N AIRBORNE MCM 10,909 10,909
123 0604378N NAVAL INTEGRATED FIRE CONTROL—COUNTER AIR SYSTEMS ENGINEERING 44,548 44,548
124 0604419N ADVANCED SENSORS APPLICATION PROGRAM (ASAP) 13,673 13,673
125 0604501N ADVANCED ABOVE WATER SENSORS 87,809 87,809
126 0604503N SSN–688 AND TRIDENT MODERNIZATION 93,097 93,097
127 0604504N AIR CONTROL 38,863 38,863
128 0604512N SHIPBOARD AVIATION SYSTEMS 9,593 9,593
129 0604518N COMBAT INFORMATION CENTER CONVERSION 12,718 12,718
130 0604522N AIR AND MISSILE DEFENSE RADAR (AMDR) SYSTEM 78,319 78,319
131 0604530N ADVANCED ARRESTING GEAR (AAG) 65,834 65,834
132 0604558N NEW DESIGN SSN 259,443 259,443
133 0604562N SUBMARINE TACTICAL WARFARE SYSTEM 63,878 58,878
AN/BYG–1 APB17 and APB19 testing delays [–5,000]
134 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE T&E 51,853 66,753
Advanced degaussing DDG–51 retrofit and demonstration [14,900]
135 0604574N NAVY TACTICAL COMPUTER RESOURCES 3,853 3,853
136 0604601N MINE DEVELOPMENT 92,607 92,607
137 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT 146,012 116,012
Project 1412: HAAWC operational testing delays [–10,000]
Project 3418: Mk 54 Mod 2 contract delays [–20,000]
138 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT 8,383 8,383
139 0604657M USMC GROUND COMBAT/SUPPORTING ARMS SYSTEMS—ENG DEV 33,784 33,784
140 0604703N PERSONNEL, TRAINING, SIMULATION, AND HUMAN FACTORS 8,599 8,599
141 0604727N JOINT STANDOFF WEAPON SYSTEMS 73,744 73,744
142 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) 157,490 157,490
143 0604756N SHIP SELF DEFENSE (ENGAGE: HARD KILL) 121,761 121,761
144 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT KILL/EW) 89,373 89,373
145 0604761N INTELLIGENCE ENGINEERING 15,716 15,716
146 0604771N MEDICAL DEVELOPMENT 2,120 2,120
147 0604777N NAVIGATION/ID SYSTEM 50,180 50,180
148 0604800M JOINT STRIKE FIGHTER (JSF)—EMD 561 561
149 0604800N JOINT STRIKE FIGHTER (JSF)—EMD 250 250
150 0604850N SSN(X) 1,000 1,000
151 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 974 974
152 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 356,173 356,173
153 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT 7,810 7,810
154 0605212M CH–53K RDTE 406,406 406,406
155 0605215N MISSION PLANNING 86,134 86,134
156 0605217N COMMON AVIONICS 54,540 54,540
157 0605220N SHIP TO SHORE CONNECTOR (SSC) 5,155 5,155
158 0605327N T-AO 205 CLASS 5,148 5,148
159 0605414N UNMANNED CARRIER AVIATION (UCA) 266,970 266,970
160 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 12,713 12,713
161 0605500N MULTI-MISSION MARITIME AIRCRAFT (MMA) 24,424 24,424
162 0605504N MULTI-MISSION MARITIME (MMA) INCREMENT III 182,870 182,870
163 0605611M MARINE CORPS ASSAULT VEHICLES SYSTEM DEVELOPMENT & DEMONSTRATION 41,775 41,775
164 0605813M JOINT LIGHT TACTICAL VEHICLE (JLTV) SYSTEM DEVELOPMENT & DEMONSTRATION 2,541 2,541
165 0204202N DDG–1000 208,448 208,448
169 0304785N TACTICAL CRYPTOLOGIC SYSTEMS 111,434 111,434
170 0306250M CYBER OPERATIONS TECHNOLOGY DEVELOPMENT 26,173 26,173
SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 6,263,883 6,248,783
MANAGEMENT SUPPORT
171 0604256N THREAT SIMULATOR DEVELOPMENT 22,075 22,075
172 0604258N TARGET SYSTEMS DEVELOPMENT 10,224 10,224
173 0604759N MAJOR T&E INVESTMENT 85,195 85,195
175 0605152N STUDIES AND ANALYSIS SUPPORT—NAVY 3,089 3,089
176 0605154N CENTER FOR NAVAL ANALYSES 43,517 43,517
179 0605804N TECHNICAL INFORMATION SERVICES 932 932
180 0605853N MANAGEMENT, TECHNICAL & INTERNATIONAL SUPPORT 94,297 94,297
181 0605856N STRATEGIC TECHNICAL SUPPORT 3,813 3,813
183 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT 104,822 104,822
184 0605864N TEST AND EVALUATION SUPPORT 446,960 446,960
185 0605865N OPERATIONAL TEST AND EVALUATION CAPABILITY 27,241 27,241
186 0605866N NAVY SPACE AND ELECTRONIC WARFARE (SEW) SUPPORT 15,787 15,787
187 0605867N SEW SURVEILLANCE/RECONNAISSANCE SUPPORT 8,559 8,559
188 0605873M MARINE CORPS PROGRAM WIDE SUPPORT 42,749 42,749
189 0605898N MANAGEMENT HQ—R&D 41,094 41,094
190 0606355N WARFARE INNOVATION MANAGEMENT 37,022 37,022
193 0305327N INSIDER THREAT 2,310 2,310
194 0902498N MANAGEMENT HEADQUARTERS (DEPARTMENTAL SUPPORT ACTIVITIES) 1,536 1,536
SUBTOTAL MANAGEMENT SUPPORT 991,222 991,222
OPERATIONAL SYSTEMS DEVELOPMENT
199 0604227N HARPOON MODIFICATIONS 697 697
200 0604840M F–35 C2D2 379,549 379,549
201 0604840N F–35 C2D2 413,875 413,875
202 0607658N COOPERATIVE ENGAGEMENT CAPABILITY (CEC) 143,667 143,667
204 0101221N STRATEGIC SUB & WEAPONS SYSTEM SUPPORT 173,056 173,056
205 0101224N SSBN SECURITY TECHNOLOGY PROGRAM 45,970 45,970
206 0101226N SUBMARINE ACOUSTIC WARFARE DEVELOPMENT 69,190 61,190
CRAW EDM (TI–2) early to need [–8,000]
207 0101402N NAVY STRATEGIC COMMUNICATIONS 42,277 42,277
208 0204136N F/A–18 SQUADRONS 171,030 171,030
210 0204228N SURFACE SUPPORT 33,482 33,482
211 0204229N TOMAHAWK AND TOMAHAWK MISSION PLANNING CENTER (TMPC) 200,308 200,308
212 0204311N INTEGRATED SURVEILLANCE SYSTEM 102,975 152,975
Accelerate sensor and signal processing development [25,000]
Program increase for spiral 1 TRAPS units [25,000]
213 0204313N SHIP-TOWED ARRAY SURVEILLANCE SYSTEMS 10,873 10,873
214 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS (DISPLACEMENT CRAFT) 1,713 6,713
Program increase for LCAC composite component manufacturing [5,000]
215 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ATOR) 22,205 105,805
Program increase for G/ATOR and SM–6 stand-alone engagement analysis [10,000]
Program increase for USMC G/ATOR and SM–6 demonstration [73,600]
216 0204571N CONSOLIDATED TRAINING SYSTEMS DEVELOPMENT 83,956 83,956
218 0204575N ELECTRONIC WARFARE (EW) READINESS SUPPORT 56,791 56,791
219 0205601N HARM IMPROVEMENT 146,166 146,166
221 0205620N SURFACE ASW COMBAT SYSTEM INTEGRATION 29,348 29,348
222 0205632N MK–48 ADCAP 110,349 110,349
223 0205633N AVIATION IMPROVEMENTS 133,953 133,953
224 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS 110,313 110,313
225 0206313M MARINE CORPS COMMUNICATIONS SYSTEMS 207,662 207,662
226 0206335M COMMON AVIATION COMMAND AND CONTROL SYSTEM (CAC2S) 4,406 4,406
227 0206623M MARINE CORPS GROUND COMBAT/SUPPORTING ARMS SYSTEMS 61,381 61,381
228 0206624M MARINE CORPS COMBAT SERVICES SUPPORT 10,421 10,421
229 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP) 29,977 29,977
230 0206629M AMPHIBIOUS ASSAULT VEHICLE 6,469 6,469
231 0207161N TACTICAL AIM MISSILES 5,859 5,859
232 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 44,323 44,323
236 0303109N SATELLITE COMMUNICATIONS (SPACE) 41,978 41,978
237 0303138N CONSOLIDATED AFLOAT NETWORK ENTERPRISE SERVICES (CANES) 29,684 29,684
238 0303140N INFORMATION SYSTEMS SECURITY PROGRAM 39,094 39,094
239 0305192N MILITARY INTELLIGENCE PROGRAM (MIP) ACTIVITIES 6,154 6,154
240 0305204N TACTICAL UNMANNED AERIAL VEHICLES 7,108 7,108
241 0305205N UAS INTEGRATION AND INTEROPERABILITY 62,098 62,098
242 0305208M DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 21,500 21,500
244 0305220N MQ–4C TRITON 11,120 11,120
245 0305231N MQ–8 UAV 28,968 28,968
246 0305232M RQ–11 UAV 537 537
247 0305234N SMALL (LEVEL 0) TACTICAL UAS (STUASL0) 8,773 8,773
248 0305239M RQ–21A 10,853 10,853
249 0305241N MULTI-INTELLIGENCE SENSOR DEVELOPMENT 60,413 60,413
250 0305242M UNMANNED AERIAL SYSTEMS (UAS) PAYLOADS (MIP) 5,000 5,000
251 0305251N CYBERSPACE OPERATIONS FORCES AND FORCE SUPPORT 34,967 44,967
Cyber tool development [10,000]
252 0305421N RQ–4 MODERNIZATION 178,799 178,799
253 0307577N INTELLIGENCE MISSION DATA (IMD) 2,120 2,120
254 0308601N MODELING AND SIMULATION SUPPORT 8,683 8,683
255 0702207N DEPOT MAINTENANCE (NON-IF) 45,168 45,168
256 0708730N MARITIME TECHNOLOGY (MARITECH) 6,697 6,697
257 1203109N SATELLITE COMMUNICATIONS (SPACE) 70,056 70,056
999 9999999999 CLASSIFIED PROGRAMS 1,795,032 1,795,032
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 5,327,043 5,467,643
SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS
258 0608013N RISK MANAGEMENT INFORMATION—SOFTWARE PILOT PROGRAM 14,300 14,300
259 0608231N MARITIME TACTICAL COMMAND AND CONTROL (MTC2)—SOFTWARE PILOT PROGRAM 10,868 10,868
SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 25,168 25,168
TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 21,427,048 21,036,806
RESEARCH, DEVELOPMENT, TEST & EVAL, AF
BASIC RESEARCH
1 0601102F DEFENSE RESEARCH SCIENCES 315,348 325,348
Increase in basic research [10,000]
2 0601103F UNIVERSITY RESEARCH INITIATIVES 161,861 161,861
3 0601108F HIGH ENERGY LASER RESEARCH INITIATIVES 15,085 15,085
SUBTOTAL BASIC RESEARCH 492,294 502,294
APPLIED RESEARCH
4 0602020F FUTURE AF CAPABILITIES APPLIED RESEARCH 100,000 100,000
5 0602102F MATERIALS 140,781 160,281
High-energy synchotron x-ray program [5,000]
Materials maturation for high mach systems [5,000]
Metals Affordability Initiative [5,000]
Qualification of additive manufacturing processes [2,000]
Techniques to repair fasteners [2,500]
6 0602201F AEROSPACE VEHICLE TECHNOLOGIES 349,225 359,225
Hypersonic materials [10,000]
7 0602202F HUMAN EFFECTIVENESS APPLIED RESEARCH 115,222 115,222
9 0602204F AEROSPACE SENSORS 211,301 211,301
11 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT— MAJOR HEADQUARTERS ACTIVITIES 8,926 8,926
12 0602602F CONVENTIONAL MUNITIONS 132,425 132,425
13 0602605F DIRECTED ENERGY TECHNOLOGY 128,113 128,113
14 0602788F DOMINANT INFORMATION SCIENCES AND METHODS 178,668 178,668
15 0602890F HIGH ENERGY LASER RESEARCH 45,088 45,088
SUBTOTAL APPLIED RESEARCH 1,409,749 1,439,249
ADVANCED TECHNOLOGY DEVELOPMENT
17 0603030F AF FOUNDATIONAL DEVELOPMENT/DEMOS 103,280 103,280
18 0603032F FUTURE AF INTEGRATED TECHNOLOGY DEMOS 157,619 107,619
Golden Horde too mature for science and technology prototype [–50,000]
19 0603033F NEXT GEN PLATFORM DEV/DEMO 199,556 208,556
B–52 pylon fairings [3,000]
C–130 finlets [3,000]
KC–135 aft body drag [3,000]
20 0603034F PERSISTENT KNOWLEDGE, AWARENESS, & C2 TECH 102,276 102,276
21 0603035F NEXT GEN EFFECTS DEV/DEMOS 215,817 215,817
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 778,548 737,548
ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
38 0603260F INTELLIGENCE ADVANCED DEVELOPMENT 4,320 4,320
39 0603742F COMBAT IDENTIFICATION TECHNOLOGY 26,396 26,396
40 0603790F NATO RESEARCH AND DEVELOPMENT 3,647 3,647
41 0603851F INTERCONTINENTAL BALLISTIC MISSILE—DEM/VAL 32,959 32,959
43 0604002F AIR FORCE WEATHER SERVICES RESEARCH 869 869
44 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM (ABMS) 302,323 302,323
45 0604004F ADVANCED ENGINE DEVELOPMENT 636,495 686,495
AETP program acceleration [50,000]
46 0604015F LONG RANGE STRIKE—BOMBER 2,848,410 2,848,410
47 0604032F DIRECTED ENERGY PROTOTYPING 20,964 25,964
Directed energy counter-Unmanned Aerial Systems (CUAS) [5,000]
48 0604033F HYPERSONICS PROTOTYPING 381,862 446,862
HAWC program increase [65,000]
50 0604257F ADVANCED TECHNOLOGY AND SENSORS 24,747 24,747
51 0604288F NATIONAL AIRBORNE OPS CENTER (NAOC) RECAP 76,417 76,417
52 0604317F TECHNOLOGY TRANSFER 3,011 3,011
53 0604327F HARD AND DEEPLY BURIED TARGET DEFEAT SYSTEM (HDBTDS) PROGRAM 52,921 52,921
54 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS-ACS 69,783 69,783
55 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D 25,835 25,835
56 0604858F TECH TRANSITION PROGRAM 219,252 455,252
Agile software development and operations [4,500]
Initial polar MILSATCOM capability [46,000]
KC–135 vertical wipers [2,000]
KC–135 winglets [10,000]
LCAAT program acceleration [128,000]
Long-endurance UAS [33,500]
Rapid repair of high performance materials [6,000]
Small satellite acceleration [6,000]
57 0605230F GROUND BASED STRATEGIC DETERRENT 1,524,759 1,524,759
59 0207110F NEXT GENERATION AIR DOMINANCE 1,044,089 1,044,089
60 0207455F THREE DIMENSIONAL LONG-RANGE RADAR (3DELRR) 19,356 19,356
61 0207522F AIRBASE AIR DEFENSE SYSTEMS (ABADS) 8,737 8,737
62 0208099F UNIFIED PLATFORM (UP) 5,990 5,990
63 0305236F COMMON DATA LINK EXECUTIVE AGENT (CDL EA) 39,293 39,293
65 0305601F MISSION PARTNER ENVIRONMENTS 11,430 11,430
66 0306250F CYBER OPERATIONS TECHNOLOGY DEVELOPMENT 259,823 259,823
67 0306415F ENABLED CYBER ACTIVITIES 10,560 10,560
68 0401310F C–32 EXECUTIVE TRANSPORT RECAPITALIZATION 9,908 9,908
69 0901410F CONTRACTING INFORMATION TECHNOLOGY SYSTEM 8,662 8,662
74 1206427F SPACE SYSTEMS PROTOTYPE TRANSITIONS (SSPT) 8,787 8,787
77 1206730F SPACE SECURITY AND DEFENSE PROGRAM 56,311 56,311
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 7,737,916 8,093,916
SYSTEM DEVELOPMENT & DEMONSTRATION
82 0604200F FUTURE ADVANCED WEAPON ANALYSIS & PROGRAMS 25,161 25,161
83 0604201F PNT RESILIENCY, MODS, AND IMPROVEMENTS 38,564 38,564
84 0604222F NUCLEAR WEAPONS SUPPORT 35,033 35,033
85 0604270F ELECTRONIC WARFARE DEVELOPMENT 2,098 2,098
86 0604281F TACTICAL DATA NETWORKS ENTERPRISE 131,909 131,909
87 0604287F PHYSICAL SECURITY EQUIPMENT 6,752 6,752
88 0604329F SMALL DIAMETER BOMB (SDB)—EMD 17,280 17,280
89 0604429F AIRBORNE ELECTRONIC ATTACK 0 30,000
STiTCHES integration [30,000]
90 0604602F ARMAMENT/ORDNANCE DEVELOPMENT 23,076 23,076
91 0604604F SUBMUNITIONS 3,091 3,091
92 0604617F AGILE COMBAT SUPPORT 20,609 20,609
93 0604618F JOINT DIRECT ATTACK MUNITION 7,926 7,926
94 0604706F LIFE SUPPORT SYSTEMS 23,660 23,660
95 0604735F COMBAT TRAINING RANGES 8,898 8,898
96 0604800F F–35—EMD 5,423 5,423
97 0604932F LONG RANGE STANDOFF WEAPON 474,430 474,430
98 0604933F ICBM FUZE MODERNIZATION 167,099 167,099
100 0605056F OPEN ARCHITECTURE MANAGEMENT 30,547 30,547
102 0605223F ADVANCED PILOT TRAINING 248,669 254,669
SLATE/VR training [6,000]
103 0605229F COMBAT RESCUE HELICOPTER 63,169 63,169
105 0101125F NUCLEAR WEAPONS MODERNIZATION 9,683 9,683
106 0207171F F–15 EPAWSS 170,679 170,679
107 0207328F STAND IN ATTACK WEAPON 160,438 160,438
108 0207701F FULL COMBAT MISSION TRAINING 9,422 9,422
110 0305176F COMBAT SURVIVOR EVADER LOCATOR 973 973
111 0401221F KC–46A TANKER SQUADRONS 106,262 106,262
113 0401319F VC–25B 800,889 800,889
114 0701212F AUTOMATED TEST SYSTEMS 10,673 10,673
115 0804772F TRAINING DEVELOPMENTS 4,479 4,479
116 0901299F AF A1 SYSTEMS 8,467 8,467
SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 2,615,359 2,651,359
MANAGEMENT SUPPORT
131 0604256F THREAT SIMULATOR DEVELOPMENT 57,725 57,725
132 0604759F MAJOR T&E INVESTMENT 208,680 223,680
Gulf Range telemetric modernization [15,000]
133 0605101F RAND PROJECT AIR FORCE 35,803 35,803
135 0605712F INITIAL OPERATIONAL TEST & EVALUATION 13,557 13,557
136 0605807F TEST AND EVALUATION SUPPORT 764,606 764,606
142 0605831F ACQ WORKFORCE- CAPABILITY INTEGRATION 1,362,038 1,362,038
143 0605832F ACQ WORKFORCE- ADVANCED PRGM TECHNOLOGY 40,768 40,768
144 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS 179,646 179,646
145 0605898F MANAGEMENT HQ—R&D 5,734 5,734
146 0605976F FACILITIES RESTORATION AND MODERNIZATION—TEST AND EVALUATION SUPPORT 70,985 70,985
147 0605978F FACILITIES SUSTAINMENT—TEST AND EVALUATION SUPPORT 29,880 29,880
148 0606017F REQUIREMENTS ANALYSIS AND MATURATION 63,381 63,381
149 0606398F MANAGEMENT HQ—T&E 5,785 5,785
150 0303255F COMMAND, CONTROL, COMMUNICATION, AND COMPUTERS (C4)—STRATCOM 24,564 24,564
151 0308602F ENTEPRISE INFORMATION SERVICES (EIS) 9,883 2,383
Acq strat incompatible with AF digital mod strategy [–7,500]
152 0702806F ACQUISITION AND MANAGEMENT SUPPORT 13,384 13,384
153 0804731F GENERAL SKILL TRAINING 1,262 1,262
155 1001004F INTERNATIONAL ACTIVITIES 3,599 3,599
SUBTOTAL MANAGEMENT SUPPORT 2,891,280 2,898,780
OPERATIONAL SYSTEMS DEVELOPMENT
163 0604233F SPECIALIZED UNDERGRADUATE FLIGHT TRAINING 8,777 8,777
164 0604776F DEPLOYMENT & DISTRIBUTION ENTERPRISE R&D 499 499
165 0604840F F–35 C2D2 785,336 785,336
166 0605018F AF INTEGRATED PERSONNEL AND PAY SYSTEM (AF-IPPS) 27,035 7,035
Poor agile development strategy [–20,000]
167 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE AGENCY 50,508 50,508
168 0605117F FOREIGN MATERIEL ACQUISITION AND EXPLOITATION 71,229 71,229
169 0605278F HC/MC–130 RECAP RDT&E 24,705 24,705
170 0606018F NC3 INTEGRATION 26,356 26,356
172 0101113F B–52 SQUADRONS 520,023 520,023
173 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 1,433 1,433
174 0101126F B–1B SQUADRONS 15,766 26,566
USAF-requested transfer from APAF Lines 22, 24 [10,800]
175 0101127F B–2 SQUADRONS 187,399 187,399
176 0101213F MINUTEMAN SQUADRONS 116,569 116,569
177 0101316F WORLDWIDE JOINT STRATEGIC COMMUNICATIONS 27,235 27,235
178 0101324F INTEGRATED STRATEGIC PLANNING & ANALYSIS NETWORK 24,227 24,227
179 0101328F ICBM REENTRY VEHICLES 112,753 112,753
181 0102110F UH–1N REPLACEMENT PROGRAM 44,464 44,464
182 0102326F REGION/SECTOR OPERATION CONTROL CENTER MODERNIZATION PROGRAM 5,929 5,929
183 0102412F NORTH WARNING SYSTEM (NWS) 100 100
184 0205219F MQ–9 UAV 162,080 162,080
186 0207131F A–10 SQUADRONS 24,535 24,535
187 0207133F F–16 SQUADRONS 223,437 223,437
188 0207134F F–15E SQUADRONS 298,908 298,908
189 0207136F MANNED DESTRUCTIVE SUPPRESSION 14,960 14,960
190 0207138F F–22A SQUADRONS 665,038 665,038
191 0207142F F–35 SQUADRONS 132,229 132,229
192 0207146F F–15EX 159,761 159,761
193 0207161F TACTICAL AIM MISSILES 19,417 19,417
194 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR MISSILE (AMRAAM) 51,799 51,799
195 0207227F COMBAT RESCUE—PARARESCUE 669 669
196 0207247F AF TENCAP 21,644 21,644
197 0207249F PRECISION ATTACK SYSTEMS PROCUREMENT 9,261 9,261
198 0207253F COMPASS CALL 15,854 15,854
199 0207268F AIRCRAFT ENGINE COMPONENT IMPROVEMENT PROGRAM 95,896 95,896
200 0207325F JOINT AIR-TO-SURFACE STANDOFF MISSILE (JASSM) 70,792 70,792
201 0207410F AIR & SPACE OPERATIONS CENTER (AOC) 51,187 51,187
202 0207412F CONTROL AND REPORTING CENTER (CRC) 16,041 16,041
203 0207417F AIRBORNE WARNING AND CONTROL SYSTEM (AWACS) 138,303 138,303
204 0207418F AFSPECWAR—TACP 4,223 4,223
206 0207431F COMBAT AIR INTELLIGENCE SYSTEM ACTIVITIES 16,564 16,564
207 0207438F THEATER BATTLE MANAGEMENT (TBM) C4I 7,858 7,858
208 0207444F TACTICAL AIR CONTROL PARTY-MOD 12,906 12,906
210 0207452F DCAPES 14,816 14,816
211 0207521F AIR FORCE CALIBRATION PROGRAMS 1,970 1,970
212 0207573F NATIONAL TECHNICAL NUCLEAR FORENSICS 396 396
213 0207590F SEEK EAGLE 29,680 29,680
214 0207601F USAF MODELING AND SIMULATION 17,666 17,666
215 0207605F WARGAMING AND SIMULATION CENTERS 6,353 6,353
216 0207610F BATTLEFIELD ABN COMM NODE (BACN) 6,827 6,827
217 0207697F DISTRIBUTED TRAINING AND EXERCISES 3,390 3,390
218 0208006F MISSION PLANNING SYSTEMS 91,768 91,768
219 0208007F TACTICAL DECEPTION 2,370 2,370
220 0208064F OPERATIONAL HQ—CYBER 5,527 5,527
221 0208087F DISTRIBUTED CYBER WARFARE OPERATIONS 68,279 68,279
222 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 15,165 15,165
223 0208097F JOINT CYBER COMMAND AND CONTROL (JCC2) 38,480 38,480
224 0208099F UNIFIED PLATFORM (UP) 84,645 84,645
230 0301025F GEOBASE 2,767 2,767
231 0301112F NUCLEAR PLANNING AND EXECUTION SYSTEM (NPES) 32,759 32,759
238 0301401F AIR FORCE SPACE AND CYBER NON-TRADITIONAL ISR FOR BATTLESPACE AWARENESS 2,904 2,904
239 0302015F E–4B NATIONAL AIRBORNE OPERATIONS CENTER (NAOC) 3,468 3,468
240 0303131F MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) 61,887 61,887
242 0303140F INFORMATION SYSTEMS SECURITY PROGRAM 10,351 10,351
243 0303142F GLOBAL FORCE MANAGEMENT—DATA INITIATIVE 1,346 1,346
246 0304260F AIRBORNE SIGINT ENTERPRISE 128,110 128,110
247 0304310F COMMERCIAL ECONOMIC ANALYSIS 4,042 4,042
251 0305020F CCMD INTELLIGENCE INFORMATION TECHNOLOGY 1,649 1,649
252 0305022F ISR MODERNIZATION & AUTOMATION DVMT (IMAD) 19,265 19,265
253 0305099F GLOBAL AIR TRAFFIC MANAGEMENT (GATM) 4,645 4,645
254 0305103F CYBER SECURITY INITIATIVE 384 384
255 0305111F WEATHER SERVICE 23,640 23,640
256 0305114F AIR TRAFFIC CONTROL, APPROACH, AND LANDING SYSTEM (ATCALS) 6,553 6,553
257 0305116F AERIAL TARGETS 449 449
260 0305128F SECURITY AND INVESTIGATIVE ACTIVITIES 432 432
262 0305146F DEFENSE JOINT COUNTERINTELLIGENCE ACTIVITIES 4,890 4,890
264 0305179F INTEGRATED BROADCAST SERVICE (IBS) 8,864 8,864
265 0305202F DRAGON U–2 18,660 18,660
267 0305206F AIRBORNE RECONNAISSANCE SYSTEMS 121,512 121,512
268 0305207F MANNED RECONNAISSANCE SYSTEMS 14,711 14,711
269 0305208F DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 14,152 14,152
270 0305220F RQ–4 UAV 134,589 134,589
271 0305221F NETWORK-CENTRIC COLLABORATIVE TARGETING 15,049 15,049
272 0305238F NATO AGS 36,731 36,731
273 0305240F SUPPORT TO DCGS ENTERPRISE 33,547 33,547
274 0305600F INTERNATIONAL INTELLIGENCE TECHNOLOGY AND ARCHITECTURES 13,635 17,315
PDI: Mission Partner Environment BICES-X Project 675898 [3,680]
275 0305881F RAPID CYBER ACQUISITION 4,262 4,262
276 0305984F PERSONNEL RECOVERY COMMAND & CTRL (PRC2) 2,207 2,207
277 0307577F INTELLIGENCE MISSION DATA (IMD) 6,277 6,277
278 0401115F C–130 AIRLIFT SQUADRON 41,973 41,973
279 0401119F C–5 AIRLIFT SQUADRONS (IF) 32,560 32,560
280 0401130F C–17 AIRCRAFT (IF) 9,991 12,991
C–17 microvanes [3,000]
281 0401132F C–130J PROGRAM 10,674 10,674
282 0401134F LARGE AIRCRAFT IR COUNTERMEASURES (LAIRCM) 5,507 5,507
283 0401218F KC–135S 4,591 4,591
286 0401318F CV–22 18,419 18,419
288 0408011F SPECIAL TACTICS / COMBAT CONTROL 7,673 7,673
290 0708055F MAINTENANCE, REPAIR & OVERHAUL SYSTEM 24,513 24,513
291 0708610F LOGISTICS INFORMATION TECHNOLOGY (LOGIT) 35,225 15,225
Poor agile development strategy [–20,000]
292 0708611F SUPPORT SYSTEMS DEVELOPMENT 11,838 11,838
293 0804743F OTHER FLIGHT TRAINING 1,332 1,332
295 0901202F JOINT PERSONNEL RECOVERY AGENCY 2,092 2,092
296 0901218F CIVILIAN COMPENSATION PROGRAM 3,869 3,869
297 0901220F PERSONNEL ADMINISTRATION 1,584 1,584
298 0901226F AIR FORCE STUDIES AND ANALYSIS AGENCY 1,197 1,197
299 0901538F FINANCIAL MANAGEMENT INFORMATION SYSTEMS DEVELOPMENT 7,006 7,006
300 0901554F DEFENSE ENTERPRISE ACNTNG AND MGT SYS (DEAMS) 45,638 45,638
301 1201017F GLOBAL SENSOR INTEGRATED ON NETWORK (GSIN) 1,889 1,889
302 1201921F SERVICE SUPPORT TO STRATCOM—SPACE ACTIVITIES 993 993
303 1202140F SERVICE SUPPORT TO SPACECOM ACTIVITIES 8,999 8,999
314 1203400F SPACE SUPERIORITY INTELLIGENCE 16,810 16,810
316 1203620F NATIONAL SPACE DEFENSE CENTER 2,687 2,687
318 1203906F NCMC—TW/AA SYSTEM 6,990 6,990
999 9999999999 CLASSIFIED PROGRAMS 15,777,856 15,839,856
Air-to-air weapons development increase [62,000]
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 21,466,680 21,506,160
TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, AF 37,391,826 37,829,306
RDTE, SPACE FORCE
APPLIED RESEARCH
1 1206601SF SPACE TECHNOLOGY 130,874 133,874
Small satellite mission operations facility [3,000]
SUBTOTAL APPLIED RESEARCH 130,874 133,874
ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
2 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM (USER EQUIPMENT) (SPACE) 390,704 370,704
MGUE program slip [–20,000]
3 1203710SF EO/IR WEATHER SYSTEMS 131,000 131,000
4 1206422SF WEATHER SYSTEM FOLLOW-ON 83,384 83,384
5 1206425SF SPACE SITUATION AWARENESS SYSTEMS 33,359 33,359
6 1206427SF SPACE SYSTEMS PROTOTYPE TRANSITIONS (SSPT) 142,808 142,808
7 1206438SF SPACE CONTROL TECHNOLOGY 35,575 35,575
8 1206760SF PROTECTED TACTICAL ENTERPRISE SERVICE (PTES) 114,390 114,390
9 1206761SF PROTECTED TACTICAL SERVICE (PTS) 205,178 205,178
10 1206855SF EVOLVED STRATEGIC SATCOM (ESS) 71,395 71,395
11 1206857SF SPACE RAPID CAPABILITIES OFFICE 103,518 103,518
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 1,311,311 1,291,311
SYSTEM DEVELOPMENT & DEMONSTRATION
12 1203269SF GPS III FOLLOW-ON (GPS IIIF) 263,496 263,496
13 1203940SF SPACE SITUATION AWARENESS OPERATIONS 41,897 41,897
14 1206421SF COUNTERSPACE SYSTEMS 54,689 54,689
15 1206422SFZ WEATHER SYSTEM FOLLOW-ON 2,526 2,526
16 1206425SFZ SPACE SITUATION AWARENESS SYSTEMS 173,074 173,074
17 1206431SF ADVANCED EHF MILSATCOM (SPACE) 138,257 138,257
18 1206432SF POLAR MILSATCOM (SPACE) 190,235 190,235
19 1206442SF NEXT GENERATION OPIR 2,318,864 2,318,864
20 1206853SF NATIONAL SECURITY SPACE LAUNCH PROGRAM (SPACE)—EMD 560,978 590,978
NSSL Phase 3 integration activities program [30,000]
SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 3,744,016 3,774,016
MANAGEMENT SUPPORT
21 1206116SF SPACE TEST AND TRAINING RANGE DEVELOPMENT 20,281 20,281
22 1206392SF ACQ WORKFORCE—SPACE & MISSILE SYSTEMS 183,930 183,930
23 1206398SF SPACE & MISSILE SYSTEMS CENTER—MHA 9,765 9,765
24 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM (SPACE) 17,993 17,993
25 1206864SF SPACE TEST PROGRAM (STP) 26,541 26,541
SUBTOTAL MANAGEMENT SUPPORT 258,510 258,510
OPERATIONAL SYSTEM DEVELOPMENT
26 1201017SF GLOBAL SENSOR INTEGRATED ON NETWORK (GSIN) 3,708 3,708
27 1203001SF FAMILY OF ADVANCED BLOS TERMINALS (FAB-T) 247,229 247,229
28 1203110SF SATELLITE CONTROL NETWORK (SPACE) 75,480 75,480
29 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM (SPACE AND CONTROL SEGMENTS) 1,984 1,984
30 1203173SF SPACE AND MISSILE TEST AND EVALUATION CENTER 4,397 4,397
31 1203174SF SPACE INNOVATION, INTEGRATION AND RAPID TECHNOLOGY DEVELOPMENT 44,746 44,746
32 1203182SF SPACELIFT RANGE SYSTEM (SPACE) 11,020 11,020
33 1203265SF GPS III SPACE SEGMENT 10,777 10,777
34 1203873SF BALLISTIC MISSILE DEFENSE RADARS 28,179 46,679
Cobra Dane service life extension [18,500]
35 1203913SF NUDET DETECTION SYSTEM (SPACE) 29,157 29,157
36 1203940SFZ SPACE SITUATION AWARENESS OPERATIONS 44,809 51,809
Commercial SSA [7,000]
37 1206423SF GLOBAL POSITIONING SYSTEM III—OPERATIONAL CONTROL SEGMENT 481,999 416,999
Funds available prioritized to other space missions [–65,000]
41 1206770SF ENTERPRISE GROUND SERVICES 116,791 116,791
999 9999999999 CLASSIFIED PROGRAMS 3,632,866 3,632,866
SUBTOTAL OPERATIONAL SYSTEM DEVELOPMENT 4,733,142 4,693,642
SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS
42 1203614SF JSPOC MISSION SYSTEM 149,742 149,742
SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 149,742 149,742
TOTAL RDTE, SPACE FORCE 10,327,595 10,301,095
RESEARCH, DEVELOPMENT, TEST & EVAL, DW
BASIC RESEARCH
1 0601000BR DTRA BASIC RESEARCH 14,617 14,617
2 0601101E DEFENSE RESEARCH SCIENCES 479,958 479,958
3 0601110D8Z BASIC RESEARCH INITIATIVES 35,565 72,565
DEPSCoR [20,000]
Minerva Research initiative restore DWR cut [17,000]
4 0601117E BASIC OPERATIONAL MEDICAL RESEARCH SCIENCE 53,730 58,730
Traumatic brain injury medical research [5,000]
5 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 100,241 100,241
6 0601228D8Z HISTORICALLY BLACK COLLEGES AND UNIVERSITIES/MINORITY INSTITUTIONS 30,975 37,975
Aerospace education, research, and innovation activities [2,000]
HBCU/Minority Institutions [5,000]
7 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 45,300 45,300
SUBTOTAL BASIC RESEARCH 760,386 809,386
APPLIED RESEARCH
8 0602000D8Z JOINT MUNITIONS TECHNOLOGY 19,409 19,409
9 0602115E BIOMEDICAL TECHNOLOGY 107,568 107,568
11 0602230D8Z DEFENSE TECHNOLOGY INNOVATION 35,000 35,000
12 0602234D8Z LINCOLN LABORATORY RESEARCH PROGRAM 41,080 41,080
13 0602251D8Z APPLIED RESEARCH FOR THE ADVANCEMENT OF S&T PRIORITIES 60,722 60,722
14 0602303E INFORMATION & COMMUNICATIONS TECHNOLOGY 435,920 435,920
15 0602383E BIOLOGICAL WARFARE DEFENSE 26,950 26,950
16 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 201,807 201,807
17 0602668D8Z CYBER SECURITY RESEARCH 15,255 15,255
18 0602702E TACTICAL TECHNOLOGY 233,271 233,271
19 0602715E MATERIALS AND BIOLOGICAL TECHNOLOGY 250,107 290,107
Increase in emerging biotech research [40,000]
20 0602716E ELECTRONICS TECHNOLOGY 322,693 322,693
21 0602718BR COUNTER WEAPONS OF MASS DESTRUCTION APPLIED RESEARCH 174,571 174,571
22 0602751D8Z SOFTWARE ENGINEERING INSTITUTE (SEI) APPLIED RESEARCH 9,573 9,573
23 1160401BB SOF TECHNOLOGY DEVELOPMENT 42,464 42,464
SUBTOTAL APPLIED RESEARCH 1,976,390 2,016,390
ADVANCED TECHNOLOGY DEVELOPMENT
24 0603000D8Z JOINT MUNITIONS ADVANCED TECHNOLOGY 22,920 22,920
25 0603121D8Z SO/LIC ADVANCED DEVELOPMENT 4,914 4,914
26 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT 51,089 51,089
27 0603133D8Z FOREIGN COMPARATIVE TESTING 25,183 25,183
29 0603160BR COUNTER WEAPONS OF MASS DESTRUCTION ADVANCED TECHNOLOGY DEVELOPMENT 366,659 366,659
30 0603176C ADVANCED CONCEPTS AND PERFORMANCE ASSESSMENT 14,910 14,910
32 0603180C ADVANCED RESEARCH 18,687 18,687
33 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY DEVELOPMENT 18,873 18,873
34 0603286E ADVANCED AEROSPACE SYSTEMS 230,978 210,978
OpFires lack of transition pathway [–20,000]
35 0603287E SPACE PROGRAMS AND TECHNOLOGY 158,439 158,439
36 0603288D8Z ANALYTIC ASSESSMENTS 23,775 23,775
37 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS 36,524 36,524
38 0603291D8Z ADVANCED INNOVATIVE ANALYSIS AND CONCEPTS—MHA 14,703 14,703
39 0603294C COMMON KILL VEHICLE TECHNOLOGY 11,058 11,058
40 0603338D8Z DEFENSE MODERNIZATION AND PROTOTYPING 133,375 126,375
Lack of hypersonic prototype coordination efforts [–20,000]
Stratospheric balloon research [13,000]
42 0603342D8Z DEFENSE INNOVATION UNIT (DIU) 26,141 26,141
43 0603375D8Z TECHNOLOGY INNOVATION 27,709 27,709
44 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—ADVANCED DEVELOPMENT 188,001 188,001
45 0603527D8Z RETRACT LARCH 130,283 130,283
46 0603618D8Z JOINT ELECTRONIC ADVANCED TECHNOLOGY 15,164 15,164
47 0603648D8Z JOINT CAPABILITY TECHNOLOGY DEMONSTRATIONS 85,452 85,452
48 0603662D8Z NETWORKED COMMUNICATIONS CAPABILITIES 5,882 5,882
49 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE AND TECHNOLOGY PROGRAM 93,817 98,817
Rapid prototyping using digital manufacturing [5,000]
50 0603680S MANUFACTURING TECHNOLOGY PROGRAM 40,025 55,025
Defense supply chain technologies [5,000]
Steel performance initiative [10,000]
52 0603712S GENERIC LOGISTICS R&D TECHNOLOGY DEMONSTRATIONS 10,235 10,235
53 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH PROGRAM 53,862 53,862
54 0603720S MICROELECTRONICS TECHNOLOGY DEVELOPMENT AND SUPPORT 124,049 124,049
55 0603727D8Z JOINT WARFIGHTING PROGRAM 3,871 3,871
56 0603739E ADVANCED ELECTRONICS TECHNOLOGIES 95,864 95,864
57 0603760E COMMAND, CONTROL AND COMMUNICATIONS SYSTEMS 221,724 221,724
58 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 661,158 651,158
Lack of coordination [–10,000]
59 0603767E SENSOR TECHNOLOGY 200,220 200,220
60 0603769D8Z DISTRIBUTED LEARNING ADVANCED TECHNOLOGY DEVELOPMENT 6,765 6,765
61 0603781D8Z SOFTWARE ENGINEERING INSTITUTE 12,598 12,598
64 0603924D8Z HIGH ENERGY LASER ADVANCED TECHNOLOGY PROGRAM 105,410 105,410
65 0603941D8Z TEST & EVALUATION SCIENCE & TECHNOLOGY 187,065 187,065
67 0604055D8Z OPERATIONAL ENERGY CAPABILITY IMPROVEMENT 0 65,000
Restoration of funds [65,000]
70 1160402BB SOF ADVANCED TECHNOLOGY DEVELOPMENT 89,072 89,072
71 1206310SDA SPACE SCIENCE AND TECHNOLOGY RESEARCH AND DEVELOPMENT 72,422 72,422
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 3,588,876 3,636,876
ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
72 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E ADC&P 32,636 32,636
73 0603600D8Z WALKOFF 106,529 106,529
75 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL CERTIFICATION PROGRAM 61,345 76,345
Joint Storage Program [15,000]
76 0603881C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT 412,627 412,627
77 0603882C BALLISTIC MISSILE DEFENSE MIDCOURSE DEFENSE SEGMENT 1,004,305 1,004,305
78 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—DEM/VAL 76,167 76,167
79 0603884C BALLISTIC MISSILE DEFENSE SENSORS 281,957 281,957
80 0603890C BMD ENABLING PROGRAMS 599,380 599,380
81 0603891C SPECIAL PROGRAMS—MDA 420,216 420,216
82 0603892C AEGIS BMD 814,936 814,936
83 0603896C BALLISTIC MISSILE DEFENSE COMMAND AND CONTROL, BATTLE MANAGEMENT AND COMMUNICATI 593,353 593,353
84 0603898C BALLISTIC MISSILE DEFENSE JOINT WARFIGHTER SUPPORT 49,560 49,560
85 0603904C MISSILE DEFENSE INTEGRATION & OPERATIONS CENTER (MDIOC) 55,356 55,356
86 0603906C REGARDING TRENCH 11,863 11,863
87 0603907C SEA BASED X-BAND RADAR (SBX) 118,318 118,318
88 0603913C ISRAELI COOPERATIVE PROGRAMS 300,000 300,000
89 0603914C BALLISTIC MISSILE DEFENSE TEST 378,302 378,302
90 0603915C BALLISTIC MISSILE DEFENSE TARGETS 536,133 536,133
92 0603923D8Z COALITION WARFARE 10,129 10,129
93 0604011D8Z NEXT GENERATION INFORMATION COMMUNICATIONS TECHNOLOGY (5G) 449,000 449,000
94 0604016D8Z DEPARTMENT OF DEFENSE CORROSION PROGRAM 3,325 3,325
95 0604115C TECHNOLOGY MATURATION INITIATIVES 67,389 67,389
98 0604181C HYPERSONIC DEFENSE 206,832 206,832
99 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES 730,508 630,508
Program decrease [–100,000]
100 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 489,076 489,076
101 0604331D8Z RAPID PROTOTYPING PROGRAM 102,023 82,023
Lack of hypersonic prototype coordination efforts [–20,000]
102 0604341D8Z DEFENSE INNOVATION UNIT (DIU) PROTOTYPING 13,255 13,255
103 0604400D8Z DEPARTMENT OF DEFENSE (DOD) UNMANNED SYSTEM COMMON DEVELOPMENT 2,787 2,787
105 0604672C HOMELAND DEFENSE RADAR—HAWAII (HDR-H) 0 162,000
Continue radar development [162,000]
107 0604682D8Z WARGAMING AND SUPPORT FOR STRATEGIC ANALYSIS (SSA) 3,469 3,469
109 0604826J JOINT C5 CAPABILITY DEVELOPMENT, INTEGRATION AND INTEROPERABILITY ASSESSMENTS 19,190 19,190
110 0604873C LONG RANGE DISCRIMINATION RADAR (LRDR) 137,256 137,256
111 0604874C IMPROVED HOMELAND DEFENSE INTERCEPTORS 664,138 354,138
Contract award delay [–310,000]
112 0604876C BALLISTIC MISSILE DEFENSE TERMINAL DEFENSE SEGMENT TEST 7,768 7,768
113 0604878C AEGIS BMD TEST 170,880 170,880
114 0604879C BALLISTIC MISSILE DEFENSE SENSOR TEST 76,456 76,456
115 0604880C LAND-BASED SM–3 (LBSM3) 56,628 133,428
PDI: Guam Defense System—systems engineering [76,800]
116 0604887C BALLISTIC MISSILE DEFENSE MIDCOURSE SEGMENT TEST 67,071 67,071
118 0300206R ENTERPRISE INFORMATION TECHNOLOGY SYSTEMS 2,198 2,198
119 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY (JET) PROGRAM 997 997
120 0305103C CYBER SECURITY INITIATIVE 1,148 1,148
121 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND PROTOTYPING 215,994 325,994
Execution of HBTSS by MDA [–20,000]
Space-based target custody layer [130,000]
122 1206893C SPACE TRACKING & SURVEILLANCE SYSTEM 34,144 34,144
123 1206895C BALLISTIC MISSILE DEFENSE SYSTEM SPACE PROGRAMS 32,068 152,068
Hypersonic and Ballistic Tracking Space Sensor (HBTSS) [120,000]
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 9,416,712 9,470,512
SYSTEM DEVELOPMENT & DEMONSTRATION
124 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL SECURITY EQUIPMENT RDT&E SDD 7,173 7,173
126 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM—EMD 319,976 322,976
Stryker NBCRV sensor suite upgrade [3,000]
127 0604771D8Z JOINT TACTICAL INFORMATION DISTRIBUTION SYSTEM (JTIDS) 54,985 54,985
128 0605000BR COUNTER WEAPONS OF MASS DESTRUCTION SYSTEMS DEVELOPMENT 15,650 15,650
129 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 1,441 1,441
130 0605021SE HOMELAND PERSONNEL SECURITY INITIATIVE 7,287 7,287
131 0605022D8Z DEFENSE EXPORTABILITY PROGRAM 12,928 12,928
132 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 10,259 10,259
133 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT AND DEMONSTRATION 1,377 1,377
134 0605075D8Z CMO POLICY AND INTEGRATION 1,648 1,648
135 0605080S DEFENSE AGENCY INITIATIVES (DAI)—FINANCIAL SYSTEM 20,537 20,537
136 0605090S DEFENSE RETIRED AND ANNUITANT PAY SYSTEM (DRAS) 1,638 1,638
137 0605141BR MISSION ASSURANCE RISK MANAGEMENT SYSTEM (MARMS) 5,500 5,500
138 0605210D8Z DEFENSE-WIDE ELECTRONIC PROCUREMENT CAPABILITIES 8,279 8,279
139 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 107,585 107,585
140 0605772D8Z NUCLEAR COMMAND, CONTROL, & COMMUNICATIONS 3,685 3,685
143 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION MANAGEMENT (EEIM) 3,275 3,275
144 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT AND DEMONSTRATION 20,585 20,585
SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 603,808 606,808
MANAGEMENT SUPPORT
145 0603829J JOINT CAPABILITY EXPERIMENTATION 11,239 11,239
146 0604774D8Z DEFENSE READINESS REPORTING SYSTEM (DRRS) 9,793 9,793
147 0604875D8Z JOINT SYSTEMS ARCHITECTURE DEVELOPMENT 8,497 8,497
148 0604940D8Z CENTRAL TEST AND EVALUATION INVESTMENT DEVELOPMENT (CTEIP) 422,451 452,451
Joint Counter-UAS Office assessment infrastructure [15,000]
Telemetry range extension wave glider relay [15,000]
149 0604942D8Z ASSESSMENTS AND EVALUATIONS 18,379 18,379
150 0605001E MISSION SUPPORT 74,334 74,334
151 0605100D8Z JOINT MISSION ENVIRONMENT TEST CAPABILITY (JMETC) 79,046 79,046
153 0605126J JOINT INTEGRATED AIR AND MISSILE DEFENSE ORGANIZATION (JIAMDO) 50,255 50,255
155 0605142D8Z SYSTEMS ENGINEERING 49,376 49,376
156 0605151D8Z STUDIES AND ANALYSIS SUPPORT—OSD 5,777 7,777
National Academies of Science study on comparison of talent programs [2,000]
157 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY 16,552 16,552
158 0605170D8Z SUPPORT TO NETWORKS AND INFORMATION INTEGRATION 9,582 9,582
159 0605200D8Z GENERAL SUPPORT TO USD (INTELLIGENCE) 1,940 1,940
160 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE PROGRAM 122,951 122,951
167 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH (SBIR)/ SMALL BUSINESS TECHNOLOGY TRANSFER 3,582 3,582
168 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE 29,566 29,566
169 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS 29,059 29,059
170 0605801KA DEFENSE TECHNICAL INFORMATION CENTER (DTIC) 59,369 9,369
Insufficient progress on data sharing and open repositories [–50,000]
171 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, TESTING AND EVALUATION 29,420 29,420
172 0605804D8Z DEVELOPMENT TEST AND EVALUATION 27,198 27,198
173 0605898E MANAGEMENT HQ—R&D 13,434 13,434
174 0605998KA MANAGEMENT HQ—DEFENSE TECHNICAL INFORMATION CENTER (DTIC) 2,837 2,837
175 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS 13,173 13,173
176 0606225D8Z ODNA TECHNOLOGY AND RESOURCE ANALYSIS 3,200 3,200
177 0606589D8W DEFENSE DIGITAL SERVICE (DDS) DEVELOPMENT SUPPORT 999 999
180 0203345D8Z DEFENSE OPERATIONS SECURITY INITIATIVE (DOSI) 3,099 3,099
181 0204571J JOINT STAFF ANALYTICAL SUPPORT 3,058 3,058
182 0208045K C4I INTEROPERABILITY 59,813 59,813
185 0303140SE INFORMATION SYSTEMS SECURITY PROGRAM 1,112 1,112
186 0303166J SUPPORT TO INFORMATION OPERATIONS (IO) CAPABILITIES 545 545
187 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM OFFICE (DMDPO) 1,036 1,036
188 0305172K COMBINED ADVANCED APPLICATIONS 30,824 30,824
190 0305208K DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 3,048 3,048
194 0804768J COCOM EXERCISE ENGAGEMENT AND TRAINING TRANSFORMATION (CE2T2)—NON-MHA 31,125 31,125
195 0808709SE DEFENSE EQUAL OPPORTUNITY MANAGEMENT INSTITUTE (DEOMI) 100 100
196 0901598C MANAGEMENT HQ—MDA 26,902 26,902
197 0903235K JOINT SERVICE PROVIDER (JSP) 3,138 3,138
999 9999999999 CLASSIFIED PROGRAMS 41,583 41,583
SUBTOTAL MANAGEMENT SUPPORT 1,297,392 1,279,392
OPERATIONAL SYSTEMS DEVELOPMENT
199 0604130V ENTERPRISE SECURITY SYSTEM (ESS) 14,378 14,378
200 0604532K JOINT ARTIFICIAL INTELLIGENCE 132,058 132,058
201 0605127T REGIONAL INTERNATIONAL OUTREACH (RIO) AND PARTNERSHIP FOR PEACE INFORMATION MANA 1,986 1,986
202 0605147T OVERSEAS HUMANITARIAN ASSISTANCE SHARED INFORMATION SYSTEM (OHASIS) 316 316
203 0607210D8Z INDUSTRIAL BASE ANALYSIS AND SUSTAINMENT SUPPORT 9,151 70,151
Advanced machine tool research [20,000]
Cold spray manufacturing technologies [5,000]
Domestic organic LED manufacturing [5,000]
Implementation of radar supplier resiliency plan [5,000]
Manufacturing for reuse of NdFeB magnets [6,000]
Submarine industrial base workforce training pipeline [20,000]
204 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS DEVELOPMENT 19,082 19,082
205 0607327T GLOBAL THEATER SECURITY COOPERATION MANAGEMENT INFORMATION SYSTEMS (G-TSCMIS) 3,992 3,992
206 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE (OPERATIONAL SYSTEMS DEVELOPMENT) 39,530 39,530
207 0208043J PLANNING AND DECISION AID SYSTEM (PDAS) 3,039 3,039
212 0302019K DEFENSE INFO INFRASTRUCTURE ENGINEERING AND INTEGRATION 16,324 16,324
213 0303126K LONG-HAUL COMMUNICATIONS—DCS 11,884 11,884
214 0303131K MINIMUM ESSENTIAL EMERGENCY COMMUNICATIONS NETWORK (MEECN) 5,560 5,560
215 0303136G KEY MANAGEMENT INFRASTRUCTURE (KMI) 73,356 73,356
216 0303140D8Z INFORMATION SYSTEMS SECURITY PROGRAM 46,577 66,577
Workforce transformation cyber initiative pilot program [20,000]
217 0303140G INFORMATION SYSTEMS SECURITY PROGRAM 356,713 356,713
218 0303140K INFORMATION SYSTEMS SECURITY PROGRAM 8,922 18,922
Execution of orchestration pilot [10,000]
219 0303150K GLOBAL COMMAND AND CONTROL SYSTEM 3,695 3,695
220 0303153K DEFENSE SPECTRUM ORGANIZATION 20,113 20,113
223 0303228K JOINT REGIONAL SECURITY STACKS (JRSS) 9,728 9,242
JRSS SIPR funding [–486]
231 0305128V SECURITY AND INVESTIGATIVE ACTIVITIES 5,700 5,700
235 0305186D8Z POLICY R&D PROGRAMS 7,144 7,144
236 0305199D8Z NET CENTRICITY 21,793 21,793
238 0305208BB DISTRIBUTED COMMON GROUND/SURFACE SYSTEMS 6,066 6,066
245 0305387D8Z HOMELAND DEFENSE TECHNOLOGY TRANSFER PROGRAM 2,190 2,190
252 0708012K LOGISTICS SUPPORT ACTIVITIES 1,654 1,654
253 0708012S PACIFIC DISASTER CENTERS 1,785 1,785
254 0708047S DEFENSE PROPERTY ACCOUNTABILITY SYSTEM 7,301 7,301
256 1105219BB MQ–9 UAV 21,265 21,265
258 1160403BB AVIATION SYSTEMS 230,812 230,812
259 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT 19,558 19,558
260 1160408BB OPERATIONAL ENHANCEMENTS 136,041 136,041
261 1160431BB WARRIOR SYSTEMS 59,511 58,311
MMP-Light unexecutable, transfer to man-pack [–1,200]
262 1160432BB SPECIAL PROGRAMS 10,500 10,500
263 1160434BB UNMANNED ISR 19,154 19,154
264 1160480BB SOF TACTICAL VEHICLES 9,263 9,263
265 1160483BB MARITIME SYSTEMS 59,882 59,882
266 1160489BB GLOBAL VIDEO SURVEILLANCE ACTIVITIES 4,606 4,606
267 1160490BB OPERATIONAL ENHANCEMENTS INTELLIGENCE 11,612 11,612
268 1203610K TELEPORT PROGRAM 3,239 3,239
999 9999999999 CLASSIFIED PROGRAMS 4,746,466 4,746,466
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 6,161,946 6,251,260
SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS
269 0608197V NATIONAL BACKGROUND INVESTIGATION SERVICES—SOFTWARE PILOT PROGRAM 121,676 121,676
270 0608648D8Z ACQUISITION VISIBILITY—SOFTWARE PILOT PROGRAM 16,848 16,848
271 0303150K GLOBAL COMMAND AND CONTROL SYSTEM 86,750 86,750
272 0308588D8Z ALGORITHMIC WARFARE CROSS FUNCTIONAL TEAMS—SOFTWARE PILOT PROGRAM 250,107 250,107
SUBTOTAL SOFTWARE AND DIGITAL TECHNOLOGY PILOT PROGRAMS 475,381 475,381
TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, DW 24,280,891 24,546,005
OPERATIONAL TEST & EVAL, DEFENSE
MANAGEMENT SUPPORT
1 0605118OTE OPERATIONAL TEST AND EVALUATION 100,021 100,021
2 0605131OTE LIVE FIRE TEST AND EVALUATION 70,933 70,933
3 0605814OTE OPERATIONAL TEST ACTIVITIES AND ANALYSES 39,136 66,136
Advanced satellite navigation receiver [5,000]
Joint Test and Evaluation DWR funding restoration [22,000]
SUBTOTAL MANAGEMENT SUPPORT 210,090 237,090
TOTAL OPERATIONAL TEST & EVAL, DEFENSE 210,090 237,090
TOTAL RDT&E 106,224,793 106,660,645
4202.
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS CONTINGENCY OPERATIONS(In Thousands of Dollars)
Line ProgramElement Item FY 2021 Request Senate Authorized
RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY
APPLIED RESEARCH
16 0602145A NEXT GENERATION COMBAT VEHICLE TECHNOLOGY 2,000 2,000
SUBTOTAL APPLIED RESEARCH 2,000 2,000
ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
80 0603327A AIR AND MISSILE DEFENSE SYSTEMS ENGINEERING 500 500
114 0604785A INTEGRATED BASE DEFENSE (BUDGET ACTIVITY 4) 2,020 2,020
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 2,520 2,520
SYSTEM DEVELOPMENT & DEMONSTRATION
131 0604741A AIR DEFENSE COMMAND, CONTROL AND INTELLIGENCE—ENG DEV 27,000 27,000
159 0605035A COMMON INFRARED COUNTERMEASURES (CIRCM) 2,300 2,300
166 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 64,625 64,625
183 0304270A ELECTRONIC WARFARE DEVELOPMENT 3,900 3,900
SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 97,825 97,825
MANAGEMENT SUPPORT
198 0605709A EXPLOITATION OF FOREIGN ITEMS 1,000 1,000
209 0606003A COUNTERINTEL AND HUMAN INTEL MODERNIZATION 4,137 4,137
SUBTOTAL MANAGEMENT SUPPORT 5,137 5,137
OPERATIONAL SYSTEMS DEVELOPMENT
239 0203802A OTHER MISSILE PRODUCT IMPROVEMENT PROGRAMS 2,300 2,300
248 0303028A SECURITY AND INTELLIGENCE ACTIVITIES 23,367 23,367
257 0305204A TACTICAL UNMANNED AERIAL VEHICLES 34,100 34,100
258 0305206A AIRBORNE RECONNAISSANCE SYSTEMS 15,575 15,575
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 75,342 75,342
TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, ARMY 182,824 182,824
RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY
ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
39 0603527N RETRACT LARCH 36,500 36,500
58 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE DEVELOPMENT 14,461 14,461
63 0603734N CHALK CORAL 3,000 3,000
71 0603795N LAND ATTACK TECHNOLOGY 1,457 1,457
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 55,418 55,418
SYSTEM DEVELOPMENT & DEMONSTRATION
142 0604755N SHIP SELF DEFENSE (DETECT & CONTROL) 1,144 1,144
SUBTOTAL SYSTEM DEVELOPMENT & DEMONSTRATION 1,144 1,144
OPERATIONAL SYSTEMS DEVELOPMENT
229 0206625M USMC INTELLIGENCE/ELECTRONIC WARFARE SYSTEMS (MIP) 3,000 3,000
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 3,000 3,000
TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, NAVY 59,562 59,562
RESEARCH, DEVELOPMENT, TEST & EVAL, AF
ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
65 0305601F MISSION PARTNER ENVIRONMENTS 6,500
EDI: Mission Partner Environment (MPE) [6,500]
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 6,500
OPERATIONAL SYSTEMS DEVELOPMENT
185 0205671F JOINT COUNTER RCIED ELECTRONIC WARFARE 4,080 4,080
228 0208288F INTEL DATA APPLICATIONS 1,224 1,224
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 5,304 5,304
TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, AF 5,304 11,804
RESEARCH, DEVELOPMENT, TEST & EVAL, DW
APPLIED RESEARCH
10 0602134BR COUNTER IMPROVISED-THREAT ADVANCED STUDIES 3,699 3,699
SUBTOTAL APPLIED RESEARCH 3,699 3,699
ADVANCED TECHNOLOGY DEVELOPMENT
26 0603122D8Z COMBATING TERRORISM TECHNOLOGY SUPPORT 19,288 19,288
28 0603134BR COUNTER IMPROVISED-THREAT SIMULATION 3,861 3,861
SUBTOTAL ADVANCED TECHNOLOGY DEVELOPMENT 23,149 23,149
ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES
97 0604134BR COUNTER IMPROVISED-THREAT DEMONSTRATION, PROTOTYPE DEVELOPMENT, AND TESTING 19,931 19,931
SUBTOTAL ADVANCED COMPONENT DEVELOPMENT & PROTOTYPES 19,931 19,931
9999999999 CLASSIFIED PROGRAMS 24,057 24,057
OPERATIONAL SYSTEMS DEVELOPMENT
260 1160408BB OPERATIONAL ENHANCEMENTS 1,186 1,186
261 1160431BB WARRIOR SYSTEMS 5,796 5,796
263 1160434BB UNMANNED ISR 5,000 5,000
SUBTOTAL OPERATIONAL SYSTEMS DEVELOPMENT 36,039 36,039
TOTAL RESEARCH, DEVELOPMENT, TEST & EVAL, DW 82,818 82,818
TOTAL RDT&E 330,508 337,008
XLIII
OPERATION AND MAINTENANCE
4301.
OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE(In Thousands of Dollars)
Line Item FY 2021 Request Senate Authorized
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
020 MODULAR SUPPORT BRIGADES 159,834 159,834
030 ECHELONS ABOVE BRIGADE 663,751 663,751
040 THEATER LEVEL ASSETS 956,477 956,477
050 LAND FORCES OPERATIONS SUPPORT 1,157,635 1,167,935
Joint Counter-UAS IOC acceleration [10,300]
060 AVIATION ASSETS 1,453,024 1,453,024
070 FORCE READINESS OPERATIONS SUPPORT 4,713,660 4,713,660
080 LAND FORCES SYSTEMS READINESS 404,161 404,161
090 LAND FORCES DEPOT MAINTENANCE 1,413,359 1,413,359
100 BASE OPERATIONS SUPPORT 8,220,093 8,346,093
Child Development Center playground equipment and furniture increases [79,000]
Child Youth Service improvements [47,000]
110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 3,581,071 3,815,531
FSRM increase [62,360]
MDTF EUCOM and INDOPACOM FSRM [126,800]
Revitalization of Army deployment infrastructure [45,300]
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS 411,844 411,844
160 US AFRICA COMMAND 239,387 341,887
AFRICOM force protection upgrades [2,500]
AFRICOM ISR improvements [64,000]
AFRICOM UFR CASEVAC improvements [36,000]
170 US EUROPEAN COMMAND 160,761 160,761
180 US SOUTHERN COMMAND 197,826 197,826
190 US FORCES KOREA 65,152 65,152
200 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 430,109 435,109
Additional access and operations support [5,000]
210 CYBERSPACE ACTIVITIES—CYBERSECURITY 464,117 464,117
SUBTOTAL OPERATING FORCES 24,692,261 25,170,521
MOBILIZATION
220 STRATEGIC MOBILITY 402,236 402,236
230 ARMY PREPOSITIONED STOCKS 324,306 324,306
240 INDUSTRIAL PREPAREDNESS 3,653 3,653
SUBTOTAL MOBILIZATION 730,195 730,195
TRAINING AND RECRUITING
250 OFFICER ACQUISITION 165,142 165,142
260 RECRUIT TRAINING 76,509 76,509
270 ONE STATION UNIT TRAINING 88,523 88,523
280 SENIOR RESERVE OFFICERS TRAINING CORPS 535,578 535,578
290 SPECIALIZED SKILL TRAINING 981,436 981,436
300 FLIGHT TRAINING 1,204,768 1,204,768
310 PROFESSIONAL DEVELOPMENT EDUCATION 215,195 215,195
320 TRAINING SUPPORT 575,232 575,232
330 RECRUITING AND ADVERTISING 722,612 722,612
340 EXAMINING 185,522 185,522
350 OFF-DUTY AND VOLUNTARY EDUCATION 221,503 221,503
360 CIVILIAN EDUCATION AND TRAINING 154,651 154,651
370 JUNIOR RESERVE OFFICER TRAINING CORPS 173,286 173,286
SUBTOTAL TRAINING AND RECRUITING 5,299,957 5,299,957
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION 491,926 466,926
Historical underexecution [–25,000]
400 CENTRAL SUPPLY ACTIVITIES 812,613 812,613
410 LOGISTIC SUPPORT ACTIVITIES 676,178 676,178
420 AMMUNITION MANAGEMENT 437,774 437,774
430 ADMINISTRATION 438,048 438,048
440 SERVICEWIDE COMMUNICATIONS 1,638,872 1,638,872
450 MANPOWER MANAGEMENT 300,046 300,046
460 OTHER PERSONNEL SUPPORT 701,103 700,103
Historical underexecution [–4,000]
Servicewomen's commemorative partnerships [3,000]
470 OTHER SERVICE SUPPORT 1,887,133 1,887,133
480 ARMY CLAIMS ACTIVITIES 195,291 195,291
490 REAL ESTATE MANAGEMENT 229,537 229,537
500 FINANCIAL MANAGEMENT AND AUDIT READINESS 306,370 306,370
510 INTERNATIONAL MILITARY HEADQUARTERS 373,030 373,030
520 MISC. SUPPORT OF OTHER NATIONS 32,719 32,719
9999 CLASSIFIED PROGRAMS 1,069,915 1,069,915
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 9,590,555 9,564,555
UNDISTRIBUTED
999 UNDISTRIBUTED 0 –458,901
COVID-related ops/training slowdown [–185,801]
Excessive standard price for fuel [–135,400]
Foreign currency adjustments [–137,700]
SUBTOTAL UNDISTRIBUTED 0 –458,901
TOTAL OPERATION & MAINTENANCE, ARMY 40,312,968 40,306,327
OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES 10,784 10,784
020 ECHELONS ABOVE BRIGADE 530,425 530,425
030 THEATER LEVEL ASSETS 123,737 123,737
040 LAND FORCES OPERATIONS SUPPORT 589,582 589,582
050 AVIATION ASSETS 89,332 89,332
060 FORCE READINESS OPERATIONS SUPPORT 387,545 387,545
070 LAND FORCES SYSTEMS READINESS 97,569 97,569
080 LAND FORCES DEPOT MAINTENANCE 43,148 43,148
090 BASE OPERATIONS SUPPORT 587,098 587,098
100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 327,180 332,440
FSRM increase [5,260]
110 MANAGEMENT AND OPERATIONAL HEADQUARTERS 28,783 28,783
120 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 2,745 2,745
130 CYBERSPACE ACTIVITIES—CYBERSECURITY 7,438 7,438
SUBTOTAL OPERATING FORCES 2,825,366 2,830,626
ADMIN & SRVWD ACTIVITIES
140 SERVICEWIDE TRANSPORTATION 15,530 15,530
150 ADMINISTRATION 17,761 17,761
160 SERVICEWIDE COMMUNICATIONS 14,256 14,256
170 MANPOWER MANAGEMENT 6,564 6,564
180 RECRUITING AND ADVERTISING 55,240 55,240
SUBTOTAL ADMIN & SRVWD ACTIVITIES 109,351 109,351
UNDISTRIBUTED
999 UNDISTRIBUTED 0 –16,699
COVID-related ops/training slowdown [–11,999]
Excessive standard price for fuel [–4,700]
SUBTOTAL UNDISTRIBUTED 0 –16,699
TOTAL OPERATION & MAINTENANCE, ARMY RES 2,934,717 2,923,278
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS 769,449 769,449
020 MODULAR SUPPORT BRIGADES 204,604 204,604
030 ECHELONS ABOVE BRIGADE 812,072 812,072
040 THEATER LEVEL ASSETS 103,650 103,650
050 LAND FORCES OPERATIONS SUPPORT 32,485 32,485
060 AVIATION ASSETS 1,011,142 1,011,142
070 FORCE READINESS OPERATIONS SUPPORT 712,881 712,881
080 LAND FORCES SYSTEMS READINESS 47,732 47,732
090 LAND FORCES DEPOT MAINTENANCE 265,408 265,408
100 BASE OPERATIONS SUPPORT 1,106,704 1,106,704
110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 876,032 887,252
FSRM increase [11,220]
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS 1,050,257 1,050,257
130 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 7,998 10,998
Pilot program for National Guard cybersecurity [3,000]
140 CYBERSPACE ACTIVITIES—CYBERSECURITY 7,756 7,756
SUBTOTAL OPERATING FORCES 7,008,170 7,022,390
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION 8,018 8,018
160 ADMINISTRATION 74,309 74,309
170 SERVICEWIDE COMMUNICATIONS 66,140 66,140
180 MANPOWER MANAGEMENT 9,087 9,087
190 OTHER PERSONNEL SUPPORT 251,714 251,714
200 REAL ESTATE MANAGEMENT 2,576 2,576
SUBTOTAL ADMIN & SRVWD ACTIVITIES 411,844 411,844
UNDISTRIBUTED
999 UNDISTRIBUTED 0 –74,172
COVID-related ops/training slowdown [–36,372]
Excessive standard price for fuel [–37,800]
SUBTOTAL UNDISTRIBUTED 0 –74,172
TOTAL OPERATION & MAINTENANCE, ARNG 7,420,014 7,360,062
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS 5,738,746 5,738,746
020 FLEET AIR TRAINING 2,213,673 2,213,673
030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES 57,144 57,144
040 AIR OPERATIONS AND SAFETY SUPPORT 171,949 171,949
050 AIR SYSTEMS SUPPORT 838,767 838,767
060 AIRCRAFT DEPOT MAINTENANCE 1,459,447 1,459,447
070 AIRCRAFT DEPOT OPERATIONS SUPPORT 57,789 57,789
080 AVIATION LOGISTICS 1,264,665 1,264,665
100 SHIP OPERATIONS SUPPORT & TRAINING 1,117,067 1,117,067
110 SHIP DEPOT MAINTENANCE 7,859,104 7,859,104
120 SHIP DEPOT OPERATIONS SUPPORT 2,262,196 2,262,196
130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE 1,521,360 1,521,360
140 SPACE SYSTEMS AND SURVEILLANCE 274,087 274,087
150 WARFARE TACTICS 741,609 741,609
160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY 401,382 401,382
170 COMBAT SUPPORT FORCES 1,546,273 1,546,273
180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT 177,951 177,951
190 COMBATANT COMMANDERS CORE OPERATIONS 61,484 66,484
PDI: Asia-Pacific Regional Initiative [5,000]
200 COMBATANT COMMANDERS DIRECT MISSION SUPPORT 102,330 110,630
PDI: Joint Task Force Indo-Pacific (SOCPAC) [6,300]
PDI: Singapore CTIF fusion center [2,000]
210 MILITARY INFORMATION SUPPORT OPERATIONS 8,810 26,510
PDI: Countering Chinese malign influence in Indo-Pacific [17,700]
220 CYBERSPACE ACTIVITIES 567,496 567,496
230 FLEET BALLISTIC MISSILE 1,428,102 1,428,102
240 WEAPONS MAINTENANCE 995,762 995,762
250 OTHER WEAPON SYSTEMS SUPPORT 524,008 524,008
260 ENTERPRISE INFORMATION 1,229,056 1,229,056
270 SUSTAINMENT, RESTORATION AND MODERNIZATION 3,453,099 3,453,099
280 BASE OPERATING SUPPORT 4,627,966 4,627,966
SUBTOTAL OPERATING FORCES 40,701,322 40,732,322
MOBILIZATION
290 SHIP PREPOSITIONING AND SURGE 849,993 849,993
300 READY RESERVE FORCE 436,029 436,029
310 SHIP ACTIVATIONS/INACTIVATIONS 286,416 286,416
320 EXPEDITIONARY HEALTH SERVICES SYSTEMS 99,402 111,002
USNS Mercy SLEP [11,600]
330 COAST GUARD SUPPORT 25,235 25,235
SUBTOTAL MOBILIZATION 1,697,075 1,708,675
TRAINING AND RECRUITING
340 OFFICER ACQUISITION 186,117 186,117
350 RECRUIT TRAINING 13,206 13,206
360 RESERVE OFFICERS TRAINING CORPS 163,683 163,683
370 SPECIALIZED SKILL TRAINING 947,841 947,841
380 PROFESSIONAL DEVELOPMENT EDUCATION 367,647 367,647
390 TRAINING SUPPORT 254,928 254,928
400 RECRUITING AND ADVERTISING 206,305 206,305
410 OFF-DUTY AND VOLUNTARY EDUCATION 103,799 103,799
420 CIVILIAN EDUCATION AND TRAINING 66,060 66,060
430 JUNIOR ROTC 56,276 56,276
SUBTOTAL TRAINING AND RECRUITING 2,365,862 2,365,862
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION 1,249,410 1,249,410
450 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT 189,625 189,625
460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 499,904 499,904
470 MEDICAL ACTIVITIES 196,747 196,747
480 SERVICEWIDE TRANSPORTATION 165,708 165,708
500 PLANNING, ENGINEERING, AND PROGRAM SUPPORT 519,716 524,716
Energy Security Programs Office [5,000]
510 ACQUISITION, LOGISTICS, AND OVERSIGHT 751,184 751,184
520 INVESTIGATIVE AND SECURITY SERVICES 747,519 747,519
9999 CLASSIFIED PROGRAMS 608,670 608,670
SUBTOTAL ADMIN & SRVWD ACTIVITIES 4,928,483 4,933,483
UNDISTRIBUTED
999 UNDISTRIBUTED 0 –629,787
COVID-related ops/training slowdown [–54,987]
Excessive standard price for fuel [–526,100]
Foreign currency adjustments [–48,700]
SUBTOTAL UNDISTRIBUTED 0 –629,787
TOTAL OPERATION & MAINTENANCE, NAVY 49,692,742 49,110,555
OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES 941,143 941,143
020 FIELD LOGISTICS 1,277,798 1,277,798
030 DEPOT MAINTENANCE 206,907 206,907
040 MARITIME PREPOSITIONING 103,614 103,614
050 CYBERSPACE ACTIVITIES 215,974 215,974
060 SUSTAINMENT, RESTORATION & MODERNIZATION 938,063 938,063
070 BASE OPERATING SUPPORT 2,264,680 2,264,680
SUBTOTAL OPERATING FORCES 5,948,179 5,948,179
TRAINING AND RECRUITING
080 RECRUIT TRAINING 20,751 20,751
090 OFFICER ACQUISITION 1,193 1,193
100 SPECIALIZED SKILL TRAINING 110,149 110,149
110 PROFESSIONAL DEVELOPMENT EDUCATION 69,509 69,509
120 TRAINING SUPPORT 412,613 412,613
130 RECRUITING AND ADVERTISING 215,464 215,464
140 OFF-DUTY AND VOLUNTARY EDUCATION 33,719 33,719
150 JUNIOR ROTC 25,784 25,784
SUBTOTAL TRAINING AND RECRUITING 889,182 889,182
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION 32,005 32,005
170 ADMINISTRATION 399,363 399,363
9999 CLASSIFIED PROGRAMS 59,878 59,878
SUBTOTAL ADMIN & SRVWD ACTIVITIES 491,246 491,246
UNDISTRIBUTED
999 UNDISTRIBUTED 0 –28,257
COVID-related ops/training slowdown [–7,457]
Excessive standard price for fuel [–7,300]
Foreign currency adjustments [–13,500]
SUBTOTAL UNDISTRIBUTED 0 –28,257
TOTAL OPERATION & MAINTENANCE, MARINE CORPS 7,328,607 7,300,350
OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS 635,070 635,070
020 INTERMEDIATE MAINTENANCE 8,713 8,713
030 AIRCRAFT DEPOT MAINTENANCE 105,088 105,088
040 AIRCRAFT DEPOT OPERATIONS SUPPORT 398 398
050 AVIATION LOGISTICS 27,284 27,284
070 COMBAT COMMUNICATIONS 17,894 17,894
080 COMBAT SUPPORT FORCES 132,862 132,862
090 CYBERSPACE ACTIVITIES 453 453
100 ENTERPRISE INFORMATION 26,073 26,073
110 SUSTAINMENT, RESTORATION AND MODERNIZATION 48,762 48,762
120 BASE OPERATING SUPPORT 103,580 103,580
SUBTOTAL OPERATING FORCES 1,106,177 1,106,177
ADMIN & SRVWD ACTIVITIES
130 ADMINISTRATION 1,927 1,927
140 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 15,895 15,895
150 ACQUISITION AND PROGRAM MANAGEMENT 3,047 3,047
SUBTOTAL ADMIN & SRVWD ACTIVITIES 20,869 20,869
UNDISTRIBUTED
999 UNDISTRIBUTED 0 –30,938
COVID-related ops/training slowdown [–6,438]
Excessive standard price for fuel [–24,500]
SUBTOTAL UNDISTRIBUTED 0 –30,938
TOTAL OPERATION & MAINTENANCE, NAVY RES 1,127,046 1,096,108
OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
010 OPERATING FORCES 104,616 104,616
020 DEPOT MAINTENANCE 17,053 17,053
030 SUSTAINMENT, RESTORATION AND MODERNIZATION 41,412 41,412
040 BASE OPERATING SUPPORT 107,773 107,773
SUBTOTAL OPERATING FORCES 270,854 270,854
ADMIN & SRVWD ACTIVITIES
050 ADMINISTRATION 13,802 13,802
SUBTOTAL ADMIN & SRVWD ACTIVITIES 13,802 13,802
UNDISTRIBUTED
999 UNDISTRIBUTED 0 –1,246
COVID-related ops/training slowdown [–1,046]
Excessive standard price for fuel [–200]
SUBTOTAL UNDISTRIBUTED 0 –1,246
TOTAL OPERATION & MAINTENANCE, MC RESERVE 284,656 283,410
OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES 731,511 733,211
Premature reduction of A–10 squadrons [1,700]
020 COMBAT ENHANCEMENT FORCES 1,275,485 1,275,485
030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) 1,437,095 1,449,495
Premature reduction of A–10 squadrons [12,400]
050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 3,241,216 3,343,016
FSRM increase [101,800]
060 CYBERSPACE SUSTAINMENT 235,816 235,816
070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 1,508,342 1,477,897
Transfer to OCO [–30,445]
080 FLYING HOUR PROGRAM 4,458,457 4,564,157
KC–10 tanker divestment reversal [16,200]
KC–135 tanker divestment reversal [36,600]
Premature reduction of A–10 squadrons [52,900]
090 BASE SUPPORT 7,497,288 7,497,288
100 GLOBAL C3I AND EARLY WARNING 849,842 880,642
PDI: Mission Partner Environment implementation [30,800]
110 OTHER COMBAT OPS SPT PROGRAMS 1,067,055 1,067,055
120 CYBERSPACE ACTIVITIES 698,579 698,579
150 SPACE CONTROL SYSTEMS 34,194 34,194
160 US NORTHCOM/NORAD 204,268 204,268
170 US STRATCOM 526,809 526,809
180 US CYBERCOM 314,524 356,224
Additional access and operations support [25,000]
Hunt Forward missions [13,800]
Secure the DODIN [2,900]
190 US CENTCOM 186,116 186,116
200 US SOCOM 9,881 9,881
210 US TRANSCOM 1,046 1,046
230 USSPACECOM 249,022 249,022
9999 CLASSIFIED PROGRAMS 1,289,339 1,289,339
SUBTOTAL OPERATING FORCES 25,815,885 26,079,540
MOBILIZATION
240 AIRLIFT OPERATIONS 1,350,031 1,350,031
250 MOBILIZATION PREPAREDNESS 647,168 647,168
SUBTOTAL MOBILIZATION 1,997,199 1,997,199
TRAINING AND RECRUITING
260 OFFICER ACQUISITION 142,548 142,548
270 RECRUIT TRAINING 25,720 25,720
280 RESERVE OFFICERS TRAINING CORPS (ROTC) 128,295 128,295
290 SPECIALIZED SKILL TRAINING 417,335 417,335
300 FLIGHT TRAINING 615,033 615,033
310 PROFESSIONAL DEVELOPMENT EDUCATION 298,795 298,795
320 TRAINING SUPPORT 85,844 85,844
330 RECRUITING AND ADVERTISING 155,065 135,065
Ahead of need [–20,000]
340 EXAMINING 4,474 4,474
350 OFF-DUTY AND VOLUNTARY EDUCATION 219,349 219,349
360 CIVILIAN EDUCATION AND TRAINING 361,570 361,570
370 JUNIOR ROTC 72,126 72,126
SUBTOTAL TRAINING AND RECRUITING 2,526,154 2,506,154
ADMIN & SRVWD ACTIVITIES
380 LOGISTICS OPERATIONS 672,426 672,426
390 TECHNICAL SUPPORT ACTIVITIES 145,130 145,130
400 ADMINISTRATION 851,251 851,251
410 SERVICEWIDE COMMUNICATIONS 28,554 28,554
420 OTHER SERVICEWIDE ACTIVITIES 1,188,414 1,188,414
430 CIVIL AIR PATROL 28,772 28,772
450 INTERNATIONAL SUPPORT 158,803 158,803
9999 CLASSIFIED PROGRAMS 1,338,009 1,338,009
SUBTOTAL ADMIN & SRVWD ACTIVITIES 4,411,359 4,411,359
UNDISTRIBUTED
999 UNDISTRIBUTED 0 –765,956
COVID-related ops/training slowdown [–89,856]
COVID-related throughput carryover adjustment [–75,800]
Excessive standard price for fuel [–560,200]
Foreign currency adjustments [–40,100]
SUBTOTAL UNDISTRIBUTED 0 –765,956
TOTAL OPERATION & MAINTENANCE, AIR FORCE 34,750,597 34,228,296
OPERATION & MAINTENANCE, SPACE FORCE
OPERATING FORCES
020 GLOBAL C3I & EARLY WARNING 276,109 276,109
030 SPACE LAUNCH OPERATIONS 177,056 177,056
040 SPACE OPERATIONS 475,338 475,338
050 EDUCATION & TRAINING 18,660 18,660
060 SPECIAL PROGRAMS 137,315 137,315
070 DEPOT MAINTENANCE 250,324 250,324
080 CONTRACTOR LOGISTICS & SYSTEM SUPPORT 1,063,969 1,063,969
SUBTOTAL OPERATING FORCES 2,398,771 2,398,771
ADMINISTRATION AND SERVICE WIDE ACTIVITIES
090 ADMINISTRATION 132,523 132,523
SUBTOTAL ADMINISTRATION AND SERVICE WIDE ACTIVITIES 132,523 132,523
UNDISTRIBUTED
999 UNDISTRIBUTED 0 –400
Excessive standard price for fuel [–400]
SUBTOTAL UNDISTRIBUTED 0 –400
TOTAL OPERATION & MAINTENANCE, SPACE FORCE 2,531,294 2,530,894
OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES 1,782,016 1,782,016
020 MISSION SUPPORT OPERATIONS 215,209 215,209
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 453,896 509,096
KC–10 tanker divestment reversal [48,400]
KC–135 tanker divestment reversal [3,400]
Premature reduction of A–10 squadrons [3,400]
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 103,414 107,614
FSRM increase [4,200]
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 224,977 224,977
060 BASE SUPPORT 452,468 452,468
070 CYBERSPACE ACTIVITIES 2,259 2,259
SUBTOTAL OPERATING FORCES 3,234,239 3,293,639
ADMINISTRATION AND SERVICEWIDE ACTIVITIES
080 ADMINISTRATION 74,258 74,258
090 RECRUITING AND ADVERTISING 23,121 18,121
Ahead of need [–5,000]
100 MILITARY MANPOWER AND PERS MGMT (ARPC) 12,006 12,006
110 OTHER PERS SUPPORT (DISABILITY COMP) 6,165 6,165
120 AUDIOVISUAL 495 495
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES 116,045 111,045
UNDISTRIBUTED
999 UNDISTRIBUTED 0 –73,163
COVID-related ops/training slowdown [–10,863]
Excessive standard price for fuel [–62,300]
SUBTOTAL UNDISTRIBUTED 0 –73,163
TOTAL OPERATION & MAINTENANCE, AF RESERVE 3,350,284 3,331,521
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS 2,476,205 2,476,205
020 MISSION SUPPORT OPERATIONS 611,325 611,325
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 1,138,919 1,138,919
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 323,605 332,505
FSRM increase [8,900]
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 1,100,828 1,100,828
060 BASE SUPPORT 962,438 962,438
070 CYBERSPACE SUSTAINMENT 27,028 27,028
080 CYBERSPACE ACTIVITIES 16,380 19,380
Pilot program for National Guard cybersecurity [3,000]
SUBTOTAL OPERATING FORCES 6,656,728 6,668,628
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
090 ADMINISTRATION 48,218 48,218
100 RECRUITING AND ADVERTISING 48,696 33,696
Ahead of need [–15,000]
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES 96,914 81,914
UNDISTRIBUTED
999 UNDISTRIBUTED 0 –122,052
COVID-related ops/training slowdown [–15,852]
Excessive standard price for fuel [–106,200]
SUBTOTAL UNDISTRIBUTED 0 –122,052
TOTAL OPERATION & MAINTENANCE, ANG 6,753,642 6,628,490
OPERATION AND MAINTENANCE, DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF 439,111 439,111
020 JOINT CHIEFS OF STAFF—CE2T2 535,728 535,728
030 JOINT CHIEFS OF STAFF—CYBER 24,728 24,728
040 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES 1,069,971 1,072,971
SOCOM Syria exfiltration reconsitution [3,000]
050 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES 9,800 9,800
060 SPECIAL OPERATIONS COMMAND INTELLIGENCE 561,907 561,907
070 SPECIAL OPERATIONS COMMAND MAINTENANCE 685,097 707,097
Airborne ISR restoration [22,000]
080 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS 158,971 158,971
090 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT 1,062,748 1,062,748
100 SPECIAL OPERATIONS COMMAND THEATER FORCES 2,598,385 2,599,685
Airborne ISR restoration [1,300]
SUBTOTAL OPERATING FORCES 7,146,446 7,172,746
TRAINING AND RECRUITING
120 DEFENSE ACQUISITION UNIVERSITY 162,963 162,963
130 JOINT CHIEFS OF STAFF 95,684 95,684
140 PROFESSIONAL DEVELOPMENT EDUCATION 33,301 33,301
SUBTOTAL TRAINING AND RECRUITING 291,948 291,948
ADMIN & SRVWIDE ACTIVITIES
160 CIVIL MILITARY PROGRAMS 147,993 179,893
Innovative Readiness Training [16,900]
STARBASE [15,000]
180 DEFENSE CONTRACT AUDIT AGENCY 604,835 604,835
190 DEFENSE CONTRACT AUDIT AGENCY—CYBER 3,282 3,282
210 DEFENSE CONTRACT MANAGEMENT AGENCY 1,370,681 1,427,081
DWR restore activities [56,400]
220 DEFENSE CONTRACT MANAGEMENT AGENCY—CYBER 22,532 22,532
230 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY 949,008 952,008
DWR restore: Congressional oversight [3,000]
250 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY—CYBER 9,577 9,577
260 DEFENSE HUMAN RESOURCES ACTIVITY 799,952 799,952
270 DEFENSE HUMAN RESOURCES ACTIVITY—CYBER 20,806 20,806
280 DEFENSE INFORMATION SYSTEMS AGENCY 1,883,190 1,923,190
Secure the DODIN [40,000]
290 DEFENSE INFORMATION SYSTEMS AGENCY—CYBER 582,639 577,939
JRSS SIPR funding [–4,700]
330 DEFENSE LEGAL SERVICES AGENCY 37,637 37,637
340 DEFENSE LOGISTICS AGENCY 382,084 385,684
DWR restore: blankets for homeless [3,600]
350 DEFENSE MEDIA ACTIVITY 196,997 196,997
360 DEFENSE PERSONNEL ACCOUNTING AGENCY 129,225 129,225
370 DEFENSE SECURITY COOPERATION AGENCY 598,559 598,559
Defense Institute for International Legal Studies [2,000]
Institute for Security Governance [–2,000]
PDI: Maritime Security Initiative INDOPACOM UFR [163,000]
PDI: Transfer from Sec. 333 to Maritime Security Initiative [–163,000]
400 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION 38,432 38,432
410 DEFENSE THREAT REDUCTION AGENCY 591,780 591,780
430 DEFENSE THREAT REDUCTION AGENCY—CYBER 24,635 24,635
440 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY 2,941,429 3,012,929
DWR restore: maintain student-teacher ratios in DODEA schools [1,500]
Impact Aid for children with severe disabilities [20,000]
Impact Aid for schools with military dependent students [50,000]
450 MISSILE DEFENSE AGENCY 505,858 505,858
480 OFFICE OF ECONOMIC ADJUSTMENT 40,272 90,272
Defense Community Infrastruture Program infusion [50,000]
490 OFFICE OF THE SECRETARY OF DEFENSE 1,540,446 1,613,946
AI National Security Commission [2,500]
Bien Hoa dioxin cleanup [15,000]
Black Start ERREs [2,000]
CDC PFAS health assessment [10,000]
Commission on Confederate symbols and displays [2,000]
Cooperative program for Vietnam personnel MIA [2,000]
DWR restore: Congressional background investigations [–3,000]
Energy performance contracts [10,000]
ESOH personnel in ASD(S) [2,000]
FY20 NDAA Sec. 575 interstate spousal licensing [4,000]
National Cyber Director independent study [2,000]
REPI [25,000]
500 OFFICE OF THE SECRETARY OF DEFENSE—CYBER 51,630 51,630
510 SPACE DEVELOPMENT AGENCY 48,166 48,166
530 WASHINGTON HEADQUARTERS SERVICES 340,291 343,291
DWR restore: support to commissions [3,000]
9999 CLASSIFIED PROGRAMS 17,348,749 17,348,749
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 31,210,685 31,538,885
UNDISTRIBUTED
999 UNDISTRIBUTED 0 –172,839
COVID-related ops/training slowdown [–129,339]
Excessive standard price for fuel [–14,800]
Foreign currency adjustments [–28,700]
SUBTOTAL UNDISTRIBUTED 0 –172,839
TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE 38,649,079 38,830,740
MISCELLANEOUS APPROPRIATIONS
US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE
010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE 15,211 15,211
SUBTOTAL US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE 15,211 15,211
TOTAL MISCELLANEOUS APPROPRIATIONS 15,211 15,211
MISCELLANEOUS APPROPRIATIONS
OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID
010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID 109,900 109,900
SUBTOTAL OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID 109,900 109,900
TOTAL MISCELLANEOUS APPROPRIATIONS 109,900 109,900
MISCELLANEOUS APPROPRIATIONS
COOPERATIVE THREAT REDUCTION
010 COOPERATIVE THREAT REDUCTION 238,490 288,490
DWR restore: Biological Threat Reduction Program [50,000]
SUBTOTAL COOPERATIVE THREAT REDUCTION 238,490 288,490
TOTAL MISCELLANEOUS APPROPRIATIONS 238,490 288,490
MISCELLANEOUS APPROPRIATIONS
ACQUISITION WORKFORCE DEVELOPMENT
010 ACQ WORKFORCE DEV FD 58,181 156,680
DWR restore OSD-level acquisition workforce activities [98,499]
SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT 58,181 156,680
TOTAL MISCELLANEOUS APPROPRIATIONS 58,181 156,680
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION, ARMY
050 ENVIRONMENTAL RESTORATION, ARMY 207,518 207,518
SUBTOTAL ENVIRONMENTAL RESTORATION, ARMY 207,518 207,518
TOTAL MISCELLANEOUS APPROPRIATIONS 207,518 207,518
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION, NAVY
060 ENVIRONMENTAL RESTORATION, NAVY 335,932 335,932
SUBTOTAL ENVIRONMENTAL RESTORATION, NAVY 335,932 335,932
TOTAL MISCELLANEOUS APPROPRIATIONS 335,932 335,932
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION, AIR FORCE
070 ENVIRONMENTAL RESTORATION, AIR FORCE 303,926 303,926
SUBTOTAL ENVIRONMENTAL RESTORATION, AIR FORCE 303,926 303,926
TOTAL MISCELLANEOUS APPROPRIATIONS 303,926 303,926
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION, DEFENSE
080 ENVIRONMENTAL RESTORATION, DEFENSE 9,105 9,105
SUBTOTAL ENVIRONMENTAL RESTORATION, DEFENSE 9,105 9,105
TOTAL MISCELLANEOUS APPROPRIATIONS 9,105 9,105
MISCELLANEOUS APPROPRIATIONS
ENVIRONMENTAL RESTORATION FORMERLY USED SITES
090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES 216,587 216,587
SUBTOTAL ENVIRONMENTAL RESTORATION FORMERLY USED SITES 216,587 216,587
TOTAL MISCELLANEOUS APPROPRIATIONS 216,587 216,587
TOTAL OPERATION & MAINTENANCE 196,630,496 195,573,380
4302.
OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS(In Thousands of Dollars)
Line Item FY 2021 Request Senate Authorized
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS 4,114,001 4,114,001
030 ECHELONS ABOVE BRIGADE 32,811 32,811
040 THEATER LEVEL ASSETS 2,542,760 2,545,410
EDI: Support to deterrent activities [2,650]
050 LAND FORCES OPERATIONS SUPPORT 162,557 162,557
060 AVIATION ASSETS 204,396 204,396
070 FORCE READINESS OPERATIONS SUPPORT 5,716,734 5,721,224
EDI: Support to deterrent activities PE 0202218A [1,490]
EDI: Support to deterrent activities PE 1001010A [3,000]
080 LAND FORCES SYSTEMS READINESS 180,048 180,048
090 LAND FORCES DEPOT MAINTENANCE 81,125 81,125
100 BASE OPERATIONS SUPPORT 219,029 219,029
110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 301,017 301,017
130 ADDITIONAL ACTIVITIES 966,649 966,649
140 COMMANDER'S EMERGENCY RESPONSE PROGRAM 2,500 2,000
Hero payments funded by ASFF [–500]
150 RESET 403,796 403,796
160 US AFRICA COMMAND 100,422 100,422
170 US EUROPEAN COMMAND 120,043 144,143
EDI: Continuity of operations support [2,100]
EDI: Modernizing Mission Partner Environment (MPE) [22,000]
200 CYBERSPACE ACTIVITIES—CYBERSPACE OPERATIONS 98,461 98,461
210 CYBERSPACE ACTIVITIES—CYBERSECURITY 21,256 21,256
SUBTOTAL OPERATING FORCES 15,267,605 15,298,345
MOBILIZATION
230 ARMY PREPOSITIONED STOCKS 103,052 103,052
SUBTOTAL MOBILIZATION 103,052 103,052
TRAINING AND RECRUITING
290 SPECIALIZED SKILL TRAINING 89,943 89,943
320 TRAINING SUPPORT 2,550 2,550
SUBTOTAL TRAINING AND RECRUITING 92,493 92,493
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION 521,090 521,090
400 CENTRAL SUPPLY ACTIVITIES 43,897 43,897
410 LOGISTIC SUPPORT ACTIVITIES 68,423 68,423
420 AMMUNITION MANAGEMENT 29,162 29,162
440 SERVICEWIDE COMMUNICATIONS 11,447 11,447
470 OTHER SERVICE SUPPORT 5,839 5,839
490 REAL ESTATE MANAGEMENT 48,782 48,782
510 INTERNATIONAL MILITARY HEADQUARTERS 50,000 50,000
9999 CLASSIFIED PROGRAMS 895,964 895,964
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 1,674,604 1,674,604
TOTAL OPERATION & MAINTENANCE, ARMY 17,137,754 17,168,494
OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
020 ECHELONS ABOVE BRIGADE 17,193 17,193
060 FORCE READINESS OPERATIONS SUPPORT 440 440
090 BASE OPERATIONS SUPPORT 15,766 15,766
SUBTOTAL OPERATING FORCES 33,399 33,399
TOTAL OPERATION & MAINTENANCE, ARMY RES 33,399 33,399
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS 25,746 25,746
020 MODULAR SUPPORT BRIGADES 40 40
030 ECHELONS ABOVE BRIGADE 983 983
040 THEATER LEVEL ASSETS 22 22
060 AVIATION ASSETS 20,624 20,624
070 FORCE READINESS OPERATIONS SUPPORT 7,914 7,914
100 BASE OPERATIONS SUPPORT 24,417 24,417
SUBTOTAL OPERATING FORCES 79,746 79,746
ADMIN & SRVWD ACTIVITIES
170 SERVICEWIDE COMMUNICATIONS 46 46
SUBTOTAL ADMIN & SRVWD ACTIVITIES 46 46
TOTAL OPERATION & MAINTENANCE, ARNG 79,792 79,792
AFGHANISTAN SECURITY FORCES FUND
AFGHAN NATIONAL ARMY
010 SUSTAINMENT 1,065,932 1,065,932
020 INFRASTRUCTURE 64,501 64,501
030 EQUIPMENT AND TRANSPORTATION 47,854 47,854
040 TRAINING AND OPERATIONS 56,780 56,780
SUBTOTAL AFGHAN NATIONAL ARMY 1,235,067 1,235,067
AFGHAN NATIONAL POLICE
050 SUSTAINMENT 434,500 434,500
060 INFRASTRUCTURE 448 448
070 EQUIPMENT AND TRANSPORTATION 108,231 108,231
080 TRAINING AND OPERATIONS 58,993 58,993
SUBTOTAL AFGHAN NATIONAL POLICE 602,172 602,172
AFGHAN AIR FORCE
090 SUSTAINMENT 534,102 534,102
100 INFRASTRUCTURE 9,532 9,532
110 EQUIPMENT AND TRANSPORTATION 58,487 58,487
120 TRAINING AND OPERATIONS 233,803 233,803
SUBTOTAL AFGHAN AIR FORCE 835,924 835,924
AFGHAN SPECIAL SECURITY FORCES
130 SUSTAINMENT 680,024 680,024
140 INFRASTRUCTURE 2,532 2,532
150 EQUIPMENT AND TRANSPORTATION 486,808 486,808
160 TRAINING AND OPERATIONS 173,085 173,085
SUBTOTAL AFGHAN SPECIAL SECURITY FORCES 1,342,449 1,342,449
TOTAL AFGHANISTAN SECURITY FORCES FUND 4,015,612 4,015,612
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS 382,062 382,062
030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES 832 832
040 AIR OPERATIONS AND SAFETY SUPPORT 17,840 17,840
050 AIR SYSTEMS SUPPORT 210,692 210,692
060 AIRCRAFT DEPOT MAINTENANCE 170,580 170,580
070 AIRCRAFT DEPOT OPERATIONS SUPPORT 5,854 5,854
080 AVIATION LOGISTICS 33,707 33,707
090 MISSION AND OTHER SHIP OPERATIONS 5,817,696 5,817,696
100 SHIP OPERATIONS SUPPORT & TRAINING 20,741 20,741
110 SHIP DEPOT MAINTENANCE 2,072,470 2,072,470
130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE 59,254 59,254
140 SPACE SYSTEMS AND SURVEILLANCE 18,000 18,000
150 WARFARE TACTICS 17,324 17,324
160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY 22,581 22,581
170 COMBAT SUPPORT FORCES 772,441 772,441
180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT 5,788 5,788
200 COMBATANT COMMANDERS DIRECT MISSION SUPPORT 24,800 24,800
220 CYBERSPACE ACTIVITIES 369 369
240 WEAPONS MAINTENANCE 567,247 567,247
250 OTHER WEAPON SYSTEMS SUPPORT 12,571 12,571
270 SUSTAINMENT, RESTORATION AND MODERNIZATION 70,041 70,041
280 BASE OPERATING SUPPORT 218,792 218,792
SUBTOTAL OPERATING FORCES 10,521,682 10,521,682
MOBILIZATION
320 EXPEDITIONARY HEALTH SERVICES SYSTEMS 22,589 22,589
SUBTOTAL MOBILIZATION 22,589 22,589
TRAINING AND RECRUITING
370 SPECIALIZED SKILL TRAINING 53,204 53,204
SUBTOTAL TRAINING AND RECRUITING 53,204 53,204
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION 9,983 9,983
460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT 7,805 7,805
480 SERVICEWIDE TRANSPORTATION 72,097 72,097
510 ACQUISITION, LOGISTICS, AND OVERSIGHT 11,354 11,354
520 INVESTIGATIVE AND SECURITY SERVICES 1,591 1,591
SUBTOTAL ADMIN & SRVWD ACTIVITIES 102,830 102,830
TOTAL OPERATION & MAINTENANCE, NAVY 10,700,305 10,700,305
OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES 727,989 745,489
EDI: Globally Integrated Exercise 20–4/Austere Challenge 21.3 [10,000]
EDI: Marine European training program [7,500]
020 FIELD LOGISTICS 195,001 195,001
030 DEPOT MAINTENANCE 55,183 55,183
050 CYBERSPACE ACTIVITIES 10,000 10,000
070 BASE OPERATING SUPPORT 24,569 24,569
SUBTOTAL OPERATING FORCES 1,012,742 1,030,242
TRAINING AND RECRUITING
120 TRAINING SUPPORT 28,458 28,458
SUBTOTAL TRAINING AND RECRUITING 28,458 28,458
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION 61,400 61,400
SUBTOTAL ADMIN & SRVWD ACTIVITIES 61,400 61,400
TOTAL OPERATION & MAINTENANCE, MARINE CORPS 1,102,600 1,120,100
OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
020 INTERMEDIATE MAINTENANCE 522 522
030 AIRCRAFT DEPOT MAINTENANCE 11,861 11,861
080 COMBAT SUPPORT FORCES 9,109 9,109
SUBTOTAL OPERATING FORCES 21,492 21,492
TOTAL OPERATION & MAINTENANCE, NAVY RES 21,492 21,492
OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
010 OPERATING FORCES 7,627 7,627
040 BASE OPERATING SUPPORT 1,080 1,080
SUBTOTAL OPERATING FORCES 8,707 8,707
TOTAL OPERATION & MAINTENANCE, MC RESERVE 8,707 8,707
OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES 125,551 125,551
020 COMBAT ENHANCEMENT FORCES 916,538 916,538
030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS) 93,970 93,970
040 DEPOT PURCHASE EQUIPMENT MAINTENANCE 3,528,059 3,528,059
050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION 147,264 147,264
060 CYBERSPACE SUSTAINMENT 10,842 10,842
070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 7,187,100 7,217,545
Transfer from base [30,445]
080 FLYING HOUR PROGRAM 2,031,548 2,031,548
090 BASE SUPPORT 1,540,444 1,540,444
100 GLOBAL C3I AND EARLY WARNING 13,709 13,709
110 OTHER COMBAT OPS SPT PROGRAMS 345,800 345,800
120 CYBERSPACE ACTIVITIES 17,936 17,936
130 TACTICAL INTEL AND OTHER SPECIAL ACTIVITIES 36,820 36,820
140 LAUNCH FACILITIES 70 70
150 SPACE CONTROL SYSTEMS 1,450 1,450
160 US NORTHCOM/NORAD 725 725
170 US STRATCOM 856 856
180 US CYBERCOM 35,189 35,189
190 US CENTCOM 126,934 126,934
SUBTOTAL OPERATING FORCES 16,160,805 16,191,250
MOBILIZATION
240 AIRLIFT OPERATIONS 1,271,439 1,271,439
250 MOBILIZATION PREPAREDNESS 120,866 120,866
SUBTOTAL MOBILIZATION 1,392,305 1,392,305
TRAINING AND RECRUITING
260 OFFICER ACQUISITION 200 200
270 RECRUIT TRAINING 352 352
290 SPECIALIZED SKILL TRAINING 27,010 27,010
300 FLIGHT TRAINING 844 844
310 PROFESSIONAL DEVELOPMENT EDUCATION 1,199 1,199
320 TRAINING SUPPORT 1,320 1,320
SUBTOTAL TRAINING AND RECRUITING 30,925 30,925
ADMIN & SRVWD ACTIVITIES
380 LOGISTICS OPERATIONS 164,701 164,701
390 TECHNICAL SUPPORT ACTIVITIES 11,782 11,782
400 ADMINISTRATION 3,886 3,886
410 SERVICEWIDE COMMUNICATIONS 355 355
420 OTHER SERVICEWIDE ACTIVITIES 100,831 85,831
OSC-I transition to normalized security cooperation [–15,000]
450 INTERNATIONAL SUPPORT 29,928 29,928
9999 CLASSIFIED PROGRAMS 34,502 34,502
SUBTOTAL ADMIN & SRVWD ACTIVITIES 345,985 330,985
TOTAL OPERATION & MAINTENANCE, AIR FORCE 17,930,020 17,945,465
OPERATION & MAINTENANCE, SPACE FORCE
OPERATING FORCES
020 GLOBAL C3I & EARLY WARNING 227 227
030 SPACE LAUNCH OPERATIONS 321 321
040 SPACE OPERATIONS 15,135 15,135
070 DEPOT MAINTENANCE 18,268 18,268
080 CONTRACTOR LOGISTICS & SYSTEM SUPPORT 43,164 43,164
SUBTOTAL OPERATING FORCES 77,115 77,115
TOTAL OPERATION & MAINTENANCE, SPACE FORCE 77,115 77,115
OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 24,408 24,408
060 BASE SUPPORT 5,682 5,682
SUBTOTAL OPERATING FORCES 30,090 30,090
TOTAL OPERATION & MAINTENANCE, AF RESERVE 30,090 30,090
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
020 MISSION SUPPORT OPERATIONS 3,739 3,739
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE 61,862 61,862
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT 97,108 97,108
060 BASE SUPPORT 12,933 12,933
SUBTOTAL OPERATING FORCES 175,642 175,642
TOTAL OPERATION & MAINTENANCE, ANG 175,642 175,642
OPERATION AND MAINTENANCE, DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF 3,799 3,799
020 JOINT CHIEFS OF STAFF—CE2T2 6,634 6,634
040 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES 898,024 898,024
060 SPECIAL OPERATIONS COMMAND INTELLIGENCE 1,244,553 1,244,553
070 SPECIAL OPERATIONS COMMAND MAINTENANCE 354,951 381,951
Airborne ISR restoration [27,000]
090 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT 104,535 104,535
100 SPECIAL OPERATIONS COMMAND THEATER FORCES 757,744 757,744
SUBTOTAL OPERATING FORCES 3,370,240 3,397,240
ADMIN & SRVWIDE ACTIVITIES
180 DEFENSE CONTRACT AUDIT AGENCY 1,247 1,247
210 DEFENSE CONTRACT MANAGEMENT AGENCY 21,723 21,723
280 DEFENSE INFORMATION SYSTEMS AGENCY 56,256 56,256
290 DEFENSE INFORMATION SYSTEMS AGENCY—CYBER 3,524 3,524
330 DEFENSE LEGAL SERVICES AGENCY 156,373 156,373
350 DEFENSE MEDIA ACTIVITY 3,555 3,555
370 DEFENSE SECURITY COOPERATION AGENCY 1,557,763 1,880,263
Transfer from CTEF for Iraq train and equip requirements [322,500]
410 DEFENSE THREAT REDUCTION AGENCY 297,486 297,486
490 OFFICE OF THE SECRETARY OF DEFENSE 16,984 16,984
530 WASHINGTON HEADQUARTERS SERVICES 1,997 1,997
9999 CLASSIFIED PROGRAMS 535,106 535,106
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES 2,652,014 2,974,514
TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE 6,022,254 6,371,754
TOTAL OPERATION & MAINTENANCE 57,334,782 57,747,967
XLIV
MILITARY PERSONNEL
4401.
MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL(In Thousands of Dollars)
Item FY 2021 Request Senate Authorized
MILITARY PERSONNEL
MILITARY PERSONNEL APPROPRIATIONS
MILITARY PERSONNEL APPROPRIATIONS 150,524,104 147,976,014
COVID related endstrength decreases [–755,000]
Foreign currency adjustments, Air Force [–81,800]
Foreign currency adjustments, Army [–44,400]
Foreign currency adjustments, Marine Corps [–13,900]
Foreign currency adjustments, Navy [–41,300]
Military personnel historical underexecution [–1,611,690]
SUBTOTAL MILITARY PERSONNEL APPROPRIATIONS 150,524,104 147,976,014
MEDICARE-ELIGIBLE RETIREE HEALTH FUND CONTRIBUTIONS
MEDICARE-ELIGIBLE RETIREE HEALTH FUND CONTRIBUTIONS 8,372,741 8,372,741
SUBTOTAL MEDICARE-ELIGIBLE RETIREE HEALTH FUND CONTRIBUTIONS 8,372,741 8,372,741
TOTAL MILITARY PERSONNEL 158,896,845 156,348,755
4402.
MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS(In Thousands of Dollars)
Item FY 2021 Request Senate Authorized
MILITARY PERSONNEL
MILITARY PERSONNEL APPROPRIATIONS
MILITARY PERSONNEL APPROPRIATIONS 4,602,593 4,602,593
SUBTOTAL MILITARY PERSONNEL APPROPRIATIONS 4,602,593 4,602,593
TOTAL MILITARY PERSONNEL 4,602,593 4,602,593
XLV
OTHER AUTHORIZATIONS
4501.
OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
Line Item FY 2021 Request Senate Authorized
WORKING CAPITAL FUND
WORKING CAPITAL FUND, ARMY
010 INDUSTRIAL OPERATIONS 32,551 5,551
One-time COVID-related carryover decrease [–27,000]
020 SUPPLY MANAGEMENT—ARMY 24,166 1,166
One-time COVID-related carryover decrease [–23,000]
SUBTOTAL WORKING CAPITAL FUND, ARMY 56,717 6,717
WORKING CAPITAL FUND, AIR FORCE
020 SUPPLIES AND MATERIALS 95,712 5,712
Air Force cash corpus for energy optimization [10,000]
One-time COVID-related carryover decrease [–100,000]
SUBTOTAL WORKING CAPITAL FUND, AIR FORCE 191,424 101,424
WORKING CAPITAL FUND, DEFENSE-WIDE
020 SUPPLY CHAIN MANAGEMENT—DEF 49,821 49,821
SUBTOTAL WORKING CAPITAL FUND, DEFENSE-WIDE 49,821 49,821
WORKING CAPITAL FUND, DECA
010 WORKING CAPITAL FUND, DECA 1,146,660 1,146,660
SUBTOTAL WORKING CAPITAL FUND, DECA 1,146,660 1,146,660
TOTAL WORKING CAPITAL FUND 1,444,622 1,304,622
CHEM AGENTS & MUNITIONS DESTRUCTION
OPERATION & MAINTENANCE
1 CHEM DEMILITARIZATION—O&M 106,691 106,691
SUBTOTAL OPERATION & MAINTENANCE 106,691 106,691
RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
2 CHEM DEMILITARIZATION—RDT&E 782,193 782,193
SUBTOTAL RESEARCH, DEVELOPMENT, TEST, AND EVALUATION 782,193 782,193
PROCUREMENT
3 CHEM DEMILITARIZATION—PROC 616 616
SUBTOTAL PROCUREMENT 616 616
TOTAL CHEM AGENTS & MUNITIONS DESTRUCTION 889,500 889,500
DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF
DRUG INTRDCTN
010 COUNTER-NARCOTICS SUPPORT 546,203 562,003
PDI: Joint Interagency Task Force—West Project 3309 [13,000]
PDI: Joint Interagency Task Force—West Project 9202 [2,800]
SUBTOTAL DRUG INTRDCTN 546,203 562,003
DRUG DEMAND REDUCTION PROGRAM
020 DRUG DEMAND REDUCTION PROGRAM 123,704 123,704
SUBTOTAL DRUG DEMAND REDUCTION PROGRAM 123,704 123,704
NATIONAL GUARD COUNTER-DRUG PROGRAM
030 NATIONAL GUARD COUNTER-DRUG PROGRAM 94,211 94,211
SUBTOTAL NATIONAL GUARD COUNTER-DRUG PROGRAM 94,211 94,211
NATIONAL GUARD COUNTER-DRUG SCHOOLS
040 NATIONAL GUARD COUNTER-DRUG SCHOOLS 5,511 5,511
SUBTOTAL NATIONAL GUARD COUNTER-DRUG SCHOOLS 5,511 5,511
TOTAL DRUG INTERDICTION & CTR-DRUG ACTIVITIES, DEF 769,629 785,429
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL
010 OFFICE OF THE INSPECTOR GENERAL 368,279 368,279
030 OFFICE OF THE INSPECTOR GENERAL—CYBER 1,204 1,204
040 OFFICE OF THE INSPECTOR GENERAL 1,098 1,098
050 OFFICE OF THE INSPECTOR GENERAL 858 858
SUBTOTAL OFFICE OF THE INSPECTOR GENERAL 371,439 371,439
TOTAL OFFICE OF THE INSPECTOR GENERAL 371,439 371,439
DEFENSE HEALTH PROGRAM
OPERATION & MAINTENANCE
010 IN-HOUSE CARE 9,560,564 9,560,564
020 PRIVATE SECTOR CARE 15,841,887 15,841,887
030 CONSOLIDATED HEALTH SUPPORT 1,338,269 1,338,269
040 INFORMATION MANAGEMENT 2,039,910 2,039,910
050 MANAGEMENT ACTIVITIES 330,627 330,627
060 EDUCATION AND TRAINING 315,691 315,691
070 BASE OPERATIONS/COMMUNICATIONS 1,922,605 1,927,605
National Disaster Medical System pilot program [5,000]
SUBTOTAL OPERATION & MAINTENANCE 31,349,553 31,354,553
RDT&E
080 R&D RESEARCH 8,913 8,913
090 R&D EXPLORATRY DEVELOPMENT 73,984 73,984
100 R&D ADVANCED DEVELOPMENT 225,602 225,602
110 R&D DEMONSTRATION/VALIDATION 132,331 132,331
120 R&D ENGINEERING DEVELOPMENT 55,748 55,748
130 R&D MANAGEMENT AND SUPPORT 48,672 48,672
140 R&D CAPABILITIES ENHANCEMENT 17,215 17,215
SUBTOTAL RDT&E 562,465 562,465
PROCUREMENT
150 PROC INITIAL OUTFITTING 22,932 22,932
160 PROC REPLACEMENT & MODERNIZATION 215,618 215,618
170 PROC MILITARY HEALTH SYSTEM—DESKTOP TO DATACENTER 70,872 70,872
180 PROC DOD HEALTHCARE MANAGEMENT SYSTEM MODERNIZATION 308,504 308,504
SUBTOTAL PROCUREMENT 617,926 617,926
SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS
190 SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS 160,428 160,428
SUBTOTAL SOFTWARE & DIGITAL TECHNOLOGY PILOT PROGRAMS 160,428 160,428
TOTAL DEFENSE HEALTH PROGRAM 32,690,372 32,695,372
TOTAL OTHER AUTHORIZATIONS 36,711,765 36,592,565
4502.
OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS(In Thousands of Dollars)
Line Item FY 2021 Request Senate Authorized
WORKING CAPITAL FUND
WORKING CAPITAL FUND, ARMY
020 SUPPLY MANAGEMENT—ARMY 20,090 20,090
SUBTOTAL WORKING CAPITAL FUND, ARMY 20,090 20,090
TOTAL WORKING CAPITAL FUND 20,090 20,090
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL
010 OFFICE OF THE INSPECTOR GENERAL 24,069 24,069
SUBTOTAL OFFICE OF THE INSPECTOR GENERAL 24,069 24,069
TOTAL OFFICE OF THE INSPECTOR GENERAL 24,069 24,069
DEFENSE HEALTH PROGRAM
OPERATION & MAINTENANCE
010 IN-HOUSE CARE 65,072 65,072
020 PRIVATE SECTOR CARE 296,828 296,828
030 CONSOLIDATED HEALTH SUPPORT 3,198 3,198
SUBTOTAL OPERATION & MAINTENANCE 365,098 365,098
TOTAL DEFENSE HEALTH PROGRAM 365,098 365,098
COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)
COUNTER ISIS TRAIN AND EQUIP FUND (CTEF)
010 IRAQ 645,000 322,500
Transfer traditional BPC activities to DSCA [–322,500]
020 SYRIA 200,000 200,000
SUBTOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 845,000 522,500
TOTAL COUNTER ISIS TRAIN AND EQUIP FUND (CTEF) 845,000 522,500
TOTAL OTHER AUTHORIZATIONS 1,254,257 931,757
XLVI
MILITARY CONSTRUCTION
4601.
MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION(In Thousands of Dollars)
Account State/Country and Installation Project Title FY 2021 Request Senate Authorized
MILITARY CONSTRUCTION
ARMY
Alaska
Army Fort Wainwright Child Development Center 0 55,000
Army Fort Wainwright Unaccompanied Enlisted Personnel Housing 0 59,000
Arizona
Army Yuma Proving Ground Ready Building 14,000 14,000
California
Army Military Ocean Terminal Concord Ammunition Holding Facility 0 46,000
Colorado
Army Fort Carson Physical Fitness Facility 28,000 28,000
Florida
Army JIATF-S Operations Center Planning & Design 0 8,000
Georgia
Army Fort Gillem Forensic Laboratory 71,000 71,000
Army Fort Gordon Adv Individual Training Barracks Cplx, Ph3 80,000 80,000
Hawaii
Army Aliamanu Military Reservation Child Development Center—School Age 0 71,000
Army Schofield Barracks Child Development Center 0 39,000
Army Wheeler Army Air Field Aircraft Maintenance Hangar 89,000 89,000
Italy
Army Casmera Renato Dal Din Access Control Point 0 10,200
Louisiana
Army Fort Polk Information Systems Facility 25,000 25,000
Oklahoma
Army McAlester AAP Ammunition Demolition Shop 35,000 35,000
Pennsylvania
Army Carlisle Barracks General Instruction Building (Inc 2) 38,000 8,000
South Carolina
Army Fort Jackson Trainee Barracks Complex 3, Ph2 0 7,000
Virginia
Army Humphreys Engineer Center Training Support Facility 51,000 51,000
Worldwide Unspecified
Army Unspecified Worldwide Locations Planning and Design 129,436 59,436
Army Unspecified Worldwide Locations Host Nation Support 39,000 39,000
Army Unspecified Worldwide Locations Unspecified Minor Construction 50,900 74,900
SUBTOTAL ARMY 650,336 869,536
NAVY
Bahrain Island
Navy SW Asia Ship to Shore Utility Services 68,340 68,340
California
Navy Camp Pendleton Combat Water Survival Training Facility 0 25,200
Navy Camp Pendleton Warehouse Consolidation and Modernization 0 21,800
Navy Camp Pendleton I MEF Consolidated Information Center (INC) 37,000 37,000
Navy Camp Pendleton 1st MARDIV Operations Complex 68,530 68,530
Navy Lemoore F–35C Simulator Facility & Electrical Upgrade 59,150 59,150
Navy Lemoore F–35C Hangar 6 Phase 2 (Mod 3/4) 128,070 53,000
Navy Point Mugu Directed Energy Test Facility 0 26,700
Navy Port Hueneme Combat Vehicle Maintenance Facilities 0 43,500
Navy San Diego Pier 6 Replacement 128,500 63,500
Navy Seal Beach Magazines 0 46,800
Navy Twentynine Palms Wastewater Treatment Plant 76,500 76,500
Greece
Navy Souda Bay Communication Center 50,180 50,180
Guam
Navy Andersen Air Force Base Ordnance Operations Admin 21,280 21,280
Navy Joint Region Marianas DAR Road Strengthening 70,760 70,760
Navy Joint Region Marianas DAR Bridge Improvements 40,180 40,180
Navy Joint Region Marianas Central Fuel Station 35,950 17,950
Navy Joint Region Marianas Distribution Warehouse 77,930 77,930
Navy Joint Region Marianas Combined EOD Facility 37,600 37,600
Navy Joint Region Marianas Bachelor Enlisted Quarters (Inc) 80,000 10,000
Navy Joint Region Marianas Joint Communication Upgrade 166,000 26,000
Navy Joint Region Marianas Base Warehouse 55,410 55,410
Navy Joint Region Marianas Individual Combat Skills Training 17,430 17,430
Navy Joint Region Marianas Central Issue Facility 45,290 45,290
Hawaii
Navy Joint Base Pearl Harbor-Hickam Waterfront Improvements Wharves S8–S10 65,910 65,910
Navy Joint Base Pearl Harbor-Hickam Waterfront Improve, Wharves S1,S11–13,S20–21 48,990 48,990
Honduras
Navy Comalapa Long Range Maritime Patrol Aircraft Hangar and Ramp 0 28,000
Japan
Navy Yokosuka Pier 5 (Berths 2 and 3) (Inc) 74,692 44,692
Maine
Navy Kittery Multi-Mission Drydock #1 Exten., Ph 1 (Inc) 160,000 160,000
Navy NCTAMS LANT Detachment Cutler Perimeter Security 0 26,100
Nevada
Navy Fallon Range Training Complex, Phase 1 29,040 29,040
North Carolina
Navy Camp Lejeune II MEF Operations Center Replacement (Inc) 20,000 20,000
Navy Cherry Point Fitness Center Replacement and Training Pool 0 51,900
Spain
Navy Rota MH–60R Squadron Support Facilities 60,110 60,110
Virginia
Navy Norfolk Sub Logistics Support 0 9,400
Navy Norfolk MH60 & CMV–22B Corrosion Control & Paint Facility 17,671 17,671
Navy Norfolk E–2D Training Facility 30,400 30,400
Worldwide Unspecified
Navy Unspecified Worldwide Locations Unspecified Minor Construction 38,983 38,983
Navy Unspecified Worldwide Locations Planning & Design 165,710 165,710
SUBTOTAL NAVY 1,975,606 1,856,936
AIR FORCE
Colorado
Air Force Schriever Air Force Base Consolidated Space Operations Facility, (Inc 2) 88,000 88,000
Air Force United States Air Force Academy Cadet Preparatory School Dormitory 0 49,000
Guam
Air Force Joint Region Marianas Stand Off Weapons Complex, MSA 2 56,000 56,000
Mariana Islands
Air Force Tinian Fuel Tanks With Pipeline & Hydrant Sys, (Inc 2) 7,000 7,000
Air Force Tinian Airfield Development Phase 1, (Inc 2) 20,000 20,000
Air Force Tinian Parking Apron, (Inc 2) 15,000 15,000
Montana
Air Force Malmstrom Air Force Base Weapons Storage & Maintenance Facility, (Inc 2) 25,000 25,000
New Jersey
Air Force Joint Base McGuire-Dix-Lakehurst Munitions Storage Area 22,000 22,000
Qatar
Air Force Al Udeid Cargo Marshalling Yard 26,000 26,000
South Dakota
Air Force Ellsworth Air Force Base B–21 2–Bay LO Restoration Facility 0 10,000
Texas
Air Force Joint Base San Antonio BMT Recruit Dormitory 8, (Inc 2) 36,000 36,000
Air Force Joint Base San Antonio T-X ADAL Ground Based Trng Sys Sim 19,500 19,500
Utah
Air Force Hill Air Force Base GBSD Organic Software Sustainment Center 0 20,000
Air Force Hill Air Force Base GBSD Mission Integration Facility, (Inc 2) 68,000 68,000
Virginia
Air Force Joint Base Langley-Eustis Access Control Point Main Gate With Land Acq 19,500 19,500
Worldwide Unspecified
Air Force Unspecified Worldwide Locations Cost to Complete 0 29,422
Air Force Unspecified Worldwide Locations Planning & Design 296,532 116,532
Air Force Unspecified Worldwide Locations Unspecified Minor Construction 68,600 68,600
SUBTOTAL AIR FORCE 767,132 695,554
DEFENSE-WIDE
Alabama
Defense-Wide Anniston Army Depot Demilitarization Facility 18,000 18,000
Alaska
Defense-Wide Fort Greely Communications Center 48,000 48,000
Albama
Defense-Wide Fort Rucker Construct 10mw Generation & Microgrid 0 24,000
Arizona
Defense-Wide Fort Huachuca Laboratory Building 33,728 33,728
Defense-Wide Yuma SOF Hangar 49,500 49,500
Arkansas
Defense-Wide Fort Smith Air National Guard Base PV Arrays and Battery Storage 0 2,600
California
Defense-Wide Beale Air Force Base Bulk Fuel Tank 22,800 22,800
Colorado
Defense-Wide Fort Carson SOF Tactical Equipment Maintenance Facility 15,600 15,600
CONUS Unspecified
Defense-Wide CONUS Unspecified Training Target Structure 14,400 14,400
Florida
Defense-Wide Hurlburt Field SOF Special Tactics Ops Facility (23 STS) 44,810 44,810
Defense-Wide Hurlburt Field SOF Combat Aircraft Parking Apron-North 38,310 38,310
Georgia
Defense-Wide Fort Benning Construct 4.8mw Generation & Microgrid 0 17,000
Germany
Defense-Wide Rhine Ordnance Barracks Medical Center Replacement (Inc 9) 200,000 0
Japan
Defense-Wide Def Fuel Support Point Tsurumi Fuel Wharf 49,500 49,500
Defense-Wide Yokosuka Kinnick High School (Inc) 30,000 0
Kentucky
Defense-Wide Fort Knox Van Voorhis Elementary School 69,310 69,310
Maryland
Defense-Wide Bethesda Naval Hospital MEDCEN Addition/Alteration (Inc 4) 180,000 50,000
Defense-Wide Fort Meade NSAW Recapitalize Building #3 (Inc) 250,000 250,000
Mississippi
Defense-Wide MTA Camp Shelby Construct 10mw Generation Plant and Microgrid System 0 30,000
Missouri
Defense-Wide Fort Leonard Wood Hospital Replacement (Inc 3) 40,000 40,000
Defense-Wide St Louis Next NGA West (N2W) Complex Phase 2 (Inc) 119,000 60,000
New Mexico
Defense-Wide Kirtland Air Force Base Administrative Building 46,600 46,600
North Carolina
Defense-Wide Fort Bragg SOTF Chilled Water Upgrade 0 6,100
Defense-Wide Fort Bragg SOF Military Working Dog Facility 17,700 17,700
Defense-Wide Fort Bragg SOF Group Headquarters 53,100 53,100
Defense-Wide Fort Bragg SOF Operations Facility 43,000 43,000
Ohio
Defense-Wide Wright-Patterson Air Force Base Intelligence Facility Central Utility Plant 0 35,000
Defense-Wide Wright-Patterson Air Force Base Hydrant Fuel System 23,500 23,500
Tennessee
Defense-Wide Memphis International Airport PV Arrays and Battery Storage 0 4,780
Texas
Defense-Wide Fort Hood Fuel Facilities 32,700 32,700
Virginia
Defense-Wide Joint Expeditionary Base Little Creek—Story SOF DCS Operations Fac. and Command Center 54,500 54,500
Defense-Wide Joint Expeditionary Base Little Creek—Story SOF NSWG–2 NSWTG CSS Facilities 58,000 58,000
Washington
Defense-Wide Joint Base Lewis-McChord Fuel Facilities (Lewis North) 10,900 10,900
Defense-Wide Joint Base Lewis-McChord Fuel Facilities (Lewis Main) 10,900 10,900
Defense-Wide Manchester Bulk Fuel Storage Tanks Phase 1 82,000 82,000
Washington DC
Defense-Wide Joint Base Anacostia-Bolling DIA HQ Cooling Towers and Cond Pumps 0 1,963
Defense-Wide Joint Base Anacostia-Bolling Industrial Controls System Modernization 0 8,749
Defense-Wide Joint Base Anacostia-Bolling PV Carports 0 25,221
Worldwide Unspecified
Defense-Wide Unspecified Worldwide Locations Unspecified Minor Construction 8,000 8,000
Defense-Wide Unspecified Worldwide Locations Planning and Design 27,746 27,746
Defense-Wide Unspecified Worldwide Locations Unspecified Minor Construction 4,922 4,922
Defense-Wide Unspecified Worldwide Locations Unspecified Minor Construction 17,698 17,698
Defense-Wide Unspecified Worldwide Locations Unspecified Minor Construction 20,000 20,000
Defense-Wide Unspecified Worldwide Locations Energy Resilience and Conserv. Invest. Prog. 142,500 142,500
Defense-Wide Unspecified Worldwide Locations Unspecified Minor Construction 3,000 3,000
Defense-Wide Unspecified Worldwide Locations Planning and Design 10,647 10,647
Defense-Wide Unspecified Worldwide Locations ERCIP Design 14,250 14,250
Defense-Wide Unspecified Worldwide Locations Planning and Design 10,303 10,303
Defense-Wide Unspecified Worldwide Locations Exercise Related Minor Construction 5,840 5,840
Defense-Wide Various Worldwide Locations Planning and Design 32,624 32,624
Defense-Wide Various Worldwide Locations Unspecified Minor Construction 9,726 9,726
Defense-Wide Various Worldwide Locations Planning and Design 64,406 64,406
Worlwide Unspecified
Defense-Wide Unspecified Worldwide Locations Planning & Design—Military Installation Resiliency 0 50,000
Defense-Wide Unspecified Worldwide Locations Planning & Design—Pacific Deterrence Initiative 0 15,000
SUBTOTAL DEFENSE-WIDE 2,027,520 1,828,933
ARMY NATIONAL GUARD
Arizona
Army National Guard Tucson National Guard Readiness Center 18,100 18,100
Arkansas
Army National Guard Fort Chaffee National Guard Readiness Center 0 15,000
California
Army National Guard Bakersfield National Guard Vehicle Maintenance Shop 0 9,300
Colorado
Army National Guard Peterson Air Force Base National Guard Readiness Center 15,000 15,000
Indiana
Army National Guard Shelbyville National Guard/Reserve Center Building Add/Al 12,000 12,000
Kentucky
Army National Guard Frankfort National Guard/Reserve Center Building 15,000 15,000
Mississippi
Army National Guard Brandon National Guard Vehicle Maintenance Shop 10,400 10,400
Nebraska
Army National Guard North Platte National Guard Vehicle Maintenance Shop 9,300 9,300
New Jersey
Army National Guard Joint Base McGuire-Dix-Lakehurst National Guard Readiness Center 15,000 15,000
Ohio
Army National Guard Columbus National Guard Readiness Center 15,000 15,000
Oklahoma
Army National Guard Ardmore National Guard Vehicle Maintenance Shop 0 9,800
Oregon
Army National Guard Hermiston Enlisted Barracks, Transient Training 0 15,735
Army National Guard Hermiston Enlisted Barracks, Transient Training 9,300 9,300
Puerto Rico
Army National Guard Fort Allen National Guard Readiness Center 37,000 37,000
South Carolina
Army National Guard Joint Base Charleston National Guard Readiness Center 15,000 15,000
Tennessee
Army National Guard Mcminnville National Guard Readiness Center 11,200 11,200
Texas
Army National Guard Fort Worth National Guard Vehicle Maintenance Shop 7,800 7,800
Army National Guard Fort Worth Aircraft Maintenance Hangar Addition/Alt 6,000 6,000
Utah
Army National Guard Nephi National Guard Readiness Center 12,000 12,000
Virgin Islands
Army National Guard St. Croix Army Aviation Support Facility (AASF) 28,000 28,000
Army National Guard St. Croix CST Ready Building 11,400 11,400
Wisconsin
Army National Guard Appleton National Guard Readiness Center Add/Alt 11,600 11,600
Worldwide Unspecified
Army National Guard Unspecified Worldwide Locations Unspecified Minor Construction 32,744 32,744
Army National Guard Unspecified Worldwide Locations Planning and Design 29,593 29,593
SUBTOTAL ARMY NATIONAL GUARD 321,437 371,272
AIR NATIONAL GUARD
Alabama
Air National Guard Montgomery Regional Airport Base Supply Complex 0 12,000
Air National Guard Montgomery Regional Airport F–35 Simulator Facility 11,600 11,600
Guam
Air National Guard Joint Region Marianas Space Control Facility #5 20,000 20,000
Maryland
Air National Guard Joint Base Andrews F–16 Mission Training Center 9,400 9,400
North Dakota
Air National Guard Hector International Airport Consolidated RPA Operations Facility 0 17,500
Texas
Air National Guard Joint Base San Antonio F–16 Mission Training Center 10,800 10,800
Worldwide Unspecified
Air National Guard Unspecified Worldwide Locations Unspecified Minor Construction 9,000 9,000
Air National Guard Various Worldwide Locations Planning and Design 3,414 3,414
SUBTOTAL AIR NATIONAL GUARD 64,214 93,714
ARMY RESERVE
Florida
Army Reserve Gainesville ECS TEMF/Warehouse 36,000 36,000
Massachusetts
Army Reserve Devens Reserve Forces Training Area Automated Multipurpose Machine Gun Range 8,700 8,700
North Carolina
Army Reserve Asheville Army Reserve Center/Land 24,000 24,000
Wisconsin
Army Reserve Fort McCoy Transient Training Barracks 0 2,500
Army Reserve Fort McCoy Scout Reconnaissance Range 14,600 14,600
Worldwide Unspecified
Army Reserve Unspecified Worldwide Locations Unspecified Minor Construction 3,819 3,819
Army Reserve Unspecified Worldwide Locations Planning and Design 1,218 1,218
SUBTOTAL ARMY RESERVE 88,337 90,837
NAVY RESERVE
Maryland
Navy Reserve Reisterstown Reserve Training Center, Camp Fretterd, MD 39,500 39,500
Minnesota
Navy Reserve NOSC Minneapolis Joint Reserve Intel Center 0 12,800
Utah
Navy Reserve Hill Air Force Base Naval Operational Support Center 25,010 25,010
Worldwide Unspecified
Navy Reserve Unspecified Worldwide Locations MCNR Planning & Design 3,485 3,485
Navy Reserve Unspecified Worldwide Locations MCNR Minor Construction 3,000 3,000
SUBTOTAL NAVY RESERVE 70,995 83,795
AIR FORCE RESERVE
Texas
Air Force Reserve Fort Worth F–35 Squadron Ops / Aircraft Maintenance Unit 0 25,000
Air Force Reserve Fort Worth F–35A Simulator Facility 14,200 14,200
Worldwide Unspecified
Air Force Reserve Unspecified Worldwide Locations Planning & Design 3,270 3,270
Air Force Reserve Unspecified Worldwide Locations Unspecified Minor Construction 5,647 5,647
SUBTOTAL AIR FORCE RESERVE 23,117 48,117
NATO SECURITY INVESTMENT PROGRAM
Worldwide Unspecified
NATO Security Investment Program NATO Security Investment Program NATO Security Investment Program 173,030 173,030
SUBTOTAL NATO SECURITY INVESTMENT PROGRAM 173,030 173,030
TOTAL MILITARY CONSTRUCTION 6,161,724 6,111,724
FAMILY HOUSING
CONSTRUCTION, ARMY
Italy
Construction, Army Vicenza Family Housing New Construction 84,100 84,100
Kwajalein
Construction, Army Kwajalein Atoll Family Housing Replacement Construction 32,000 32,000
Worldwide Unspecified
Construction, Army Unspecified Worldwide Locations Family Housing P & D 3,300 3,300
SUBTOTAL CONSTRUCTION, ARMY 119,400 119,400
O&M, ARMY
Worldwide Unspecified
O&M, Army Unspecified Worldwide Locations Management 39,716 39,716
O&M, Army Unspecified Worldwide Locations Services 8,135 8,135
O&M, Army Unspecified Worldwide Locations Furnishings 18,004 18,004
O&M, Army Unspecified Worldwide Locations Miscellaneous 526 526
O&M, Army Unspecified Worldwide Locations Maintenance 97,789 70,789
O&M, Army Unspecified Worldwide Locations Utilities 41,183 41,183
O&M, Army Unspecified Worldwide Locations Leasing 123,841 123,841
O&M, Army Unspecified Worldwide Locations Housing Privitization Support 37,948 64,948
SUBTOTAL O&M, ARMY 367,142 367,142
CONSTRUCTION, NAVY AND MARINE CORPS
Worldwide Unspecified
Construction, Navy and Marine Corps Unspecified Worldwide Locations USMC DPRI/Guam Planning and Design 2,726 2,726
Construction, Navy and Marine Corps Unspecified Worldwide Locations Construction Improvements 37,043 37,043
Construction, Navy and Marine Corps Unspecified Worldwide Locations Planning & Design 3,128 3,128
SUBTOTAL CONSTRUCTION, NAVY AND MARINE CORPS 42,897 42,897
O&M, NAVY AND MARINE CORPS
Worldwide Unspecified
O&M, Navy and Marine Corps Unspecified Worldwide Locations Utilities 58,429 58,429
O&M, Navy and Marine Corps Unspecified Worldwide Locations Furnishings 17,977 17,977
O&M, Navy and Marine Corps Unspecified Worldwide Locations Management 51,006 51,006
O&M, Navy and Marine Corps Unspecified Worldwide Locations Miscellaneous 350 350
O&M, Navy and Marine Corps Unspecified Worldwide Locations Services 16,743 16,743
O&M, Navy and Marine Corps Unspecified Worldwide Locations Leasing 62,658 62,658
O&M, Navy and Marine Corps Unspecified Worldwide Locations Maintenance 85,630 85,630
O&M, Navy and Marine Corps Unspecified Worldwide Locations Housing Privatization Support 53,700 78,700
SUBTOTAL O&M, NAVY AND MARINE CORPS 346,493 371,493
CONSTRUCTION, AIR FORCE
Worldwide Unspecified
Construction, Air Force Unspecified Worldwide Locations Construction Improvements 94,245 94,245
Construction, Air Force Unspecified Worldwide Locations Planning & Design 2,969 2,969
SUBTOTAL CONSTRUCTION, AIR FORCE 97,214 97,214
O&M, AIR FORCE
Worldwide Unspecified
O&M, Air Force Unspecified Worldwide Locations Housing Privatization 23,175 48,175
O&M, Air Force Unspecified Worldwide Locations Utilities 43,173 43,173
O&M, Air Force Unspecified Worldwide Locations Management 64,732 64,732
O&M, Air Force Unspecified Worldwide Locations Services 7,968 7,968
O&M, Air Force Unspecified Worldwide Locations Furnishings 25,805 25,805
O&M, Air Force Unspecified Worldwide Locations Miscellaneous 2,184 2,184
O&M, Air Force Unspecified Worldwide Locations Leasing 9,318 9,318
O&M, Air Force Unspecified Worldwide Locations Maintenance 140,666 140,666
SUBTOTAL O&M, AIR FORCE 317,021 342,021
O&M, DEFENSE-WIDE
Worldwide Unspecified
O&M, Defense-Wide Unspecified Worldwide Locations Utilities 4,100 4,100
O&M, Defense-Wide Unspecified Worldwide Locations Furnishings 82 82
O&M, Defense-Wide Unspecified Worldwide Locations Utilities 13 13
O&M, Defense-Wide Unspecified Worldwide Locations Leasing 12,996 12,996
O&M, Defense-Wide Unspecified Worldwide Locations Maintenance 32 32
O&M, Defense-Wide Unspecified Worldwide Locations Furnishings 645 645
O&M, Defense-Wide Unspecified Worldwide Locations Leasing 36,860 36,860
SUBTOTAL O&M, DEFENSE-WIDE 54,728 54,728
IMPROVEMENT FUND
Worldwide Unspecified
Improvement Fund Unspecified Worldwide Locations Administrative Expenses—FHIF 5,897 5,897
SUBTOTAL IMPROVEMENT FUND 5,897 5,897
UNACCMP HSG IMPROVEMENT FUND
Worldwide Unspecified
Unaccmp HSG Improvement Fund Unspecified Worldwide Locations Administrative Expenses—UHIF 600 600
SUBTOTAL UNACCMP HSG IMPROVEMENT FUND 600 600
TOTAL FAMILY HOUSING 1,351,392 1,401,392
DEFENSE BASE REALIGNMENT AND CLOSURE
ARMY BRAC
Worldwide Unspecified
Army BRAC Base Realignment & Closure, Army Base Realignment and Closure 66,060 66,060
SUBTOTAL ARMY BRAC 66,060 66,060
NAVY BRAC
Worldwide Unspecified
Navy BRAC Unspecified Worldwide Locations Base Realignment & Closure 125,165 125,165
SUBTOTAL NAVY BRAC 125,165 125,165
AIR FORCE BRAC
Worldwide Unspecified
Air Force BRAC Unspecified Worldwide Locations Dod BRAC Activities—Air Force 109,222 109,222
SUBTOTAL AIR FORCE BRAC 109,222 109,222
TOTAL DEFENSE BASE REALIGNMENT AND CLOSURE 300,447 300,447
TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC 7,813,563 7,813,563
4602.
MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS(In Thousands of Dollars)
Account State or Country and Installation Project Title FY 2021 Request Senate Authorized
MILITARY CONSTRUCTION
ARMY
Worldwide Unspecified
Army Unspecified Worldwide Locations EDI: Planning and Design 11,903 11,903
Army Unspecified Worldwide Locations EDI: Minor Construction 3,970 3,970
SUBTOTAL ARMY 15,873 15,873
NAVY
Spain
Navy Rota EDI: Expeditionary Maintenance Facility 27,470 27,470
Navy Rota EDI: EOD Boat Shop 31,760 31,760
Worldwide Unspecified
Navy Unspecified Worldwide Locations Planning & Design 10,790 10,790
SUBTOTAL NAVY 70,020 70,020
AIR FORCE
Germany
Air Force Ramstein EDI: Rapid Airfield Damage Repair Storage 36,345 36,345
Air Force Spangdahlem AB EDI: Rapid Airfield Damage Repair Storage 25,824 25,824
Romania
Air Force Campia Turzii EDI: Dangerous Cargo Pad 11,000 11,000
Air Force Campia Turzii EDI: POL Increase Capacity 32,000 32,000
Air Force Campia Turzii EDI: ECAOS DABS-FEV Storage Complex 68,000 68,000
Air Force Campia Turzii EDI: Parking Apron 19,500 19,500
Worldwide Unspecified
Air Force Unspecified Worldwide Locations EDI: Unspecified Minor Military Construction 16,400 16,400
Air Force Various Worldwide Locations EDI: Planning & Design 54,800 54,800
SUBTOTAL AIR FORCE 263,869 263,869
TOTAL MILITARY CONSTRUCTION 349,762 349,762
TOTAL MILITARY CONSTRUCTION, FAMILY HOUSING, AND BRAC 349,762 349,762
XLVII
DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
4701.
DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS(In Thousands of Dollars)
Program FY 2021 Request Senate Authorized
Discretionary Summary by Appropriation
Energy and Water Development and Related Agencies
Appropriation Summary:
Energy Programs
Nuclear energy 137,800 137,800
Atomic Energy Defense Activities
National Nuclear Security Administration:
Federal Salaries and Expenses 454,000 454,000
Weapons activities 15,602,000 15,602,000
Defense nuclear nonproliferation 2,031,000 2,031,000
Naval reactors 1,684,000 1,684,000
Total, National Nuclear Security Administration 19,771,000 19,771,000
Defense environmental cleanup 4,983,608 5,083,608
Other defense activities 1,054,727 904,727
Total, Atomic Energy Defense Activities 25,809,335 25,759,335
Total, Discretionary Funding 25,947,135 25,897,135
Nuclear Energy
Idaho sitewide safeguards and security 137,800 137,800
Total, Nuclear Energy 137,800 137,800
National Nuclear Security Administration
Federal Salaries and Expenses
Program direction 454,000 454,000
Weapons Activities
Stockpile management
Stockpile major modernization
B61 Life extension program 815,710 815,710
W76 Life extension program 0 0
W76–2 Modification program 0 0
W88 Alteration program 256,922 256,922
W80–4 Life extension program 1,000,314 1,000,314
W87–1 Modification Program (formerly IW1) 541,000 541,000
W93 53,000 53,000
Total, Stockpile major modernization 2,666,946 2,666,946
Stockpile sustainment 998,357 998,357
Weapons dismantlement and disposition 50,000 50,000
Production operations 568,941 568,941
Total, Stockpile management 4,284,244 4,284,244
Production modernization
Primary capability modernization
Plutonium modernization
Los Alamos plutonium modernization
Los Alamos Plutonium Operations 610,599 610,599
21–D–512, Plutonium Pit Production Project, LANL 226,000 226,000
Subtotal, Los Alamos plutonium modernization 836,599 836,599
Savannah River plutonium modernization
Savannah River plutonium operations 200,000 200,000
21–D–511, Savannah River Plutonium Processing Facility, SRS 241,896 241,896
Subtotal, Savannah River plutonium modernization 441,896 441,896
Enterprise Plutonium Support 90,782 90,782
Total, Plutonium Modernization 1,369,277 1,369,277
High Explosives & Energetics 67,370 67,370
Total, Primary capability modernization 1,436,647 1,436,647
Secondary Capability Modernization 457,004 457,004
Tritium and Domestic Uranium Enrichment 457,112 457,112
Non-Nuclear Capability Modernization 107,137 107,137
Total, Production modernization 2,457,900 2,457,900
Stockpile research, technology, and engineering
Assessment science 773,111 773,111
Engineering and integrated assessments 337,404 337,404
Intertial confinement fusion 554,725 554,725
Advanced simulation and computing 732,014 732,014
Weapon technology and manufacturing maturation 297,965 297,965
Academic programs 86,912 86,912
Total, Stockpile research, technology, and engineering 2,782,131 2,782,131
Infrastructure and operations
Operating
Operations of facilities 1,014,000 1,014,000
Safety and Environmental Operations 165,354 165,354
Maintenance and Repair of Facilities 792,000 792,000
Recapitalization
Infrastructure and Safety 670,000 670,000
Capabilities Based Investments 149,117 149,117
Planning for Programmatic Construction (Pre-CD–1) 84,787 84,787
Subtotal, Recapitalization 903,904 903,904
Total, Operating 2,875,258 2,875,258
I&O: Construction
Programmatic
21–D–510, HE Synthesis, Formulation, and Production Facility, PX 31,000 31,000
18–D–690, Lithium Processing Facility, Y–12 109,405 109,405
18–D–650, Tritium Finishing Facility, SRS 27,000 27,000
18–D–620, Exascale Computing Facility Modernization Project, LLNL 29,200 29,200
17–D–640, U1a Complex Enhancements Project, NNSS 160,600 160,600
15–D–302, TA–55 Reinvestment Project—Phase 3, LANL 30,000 30,000
15–D–301, HE Science & Engineering Facility, PX 43,000 43,000
07–D–220-04, Transuranic Liquid Waste Facility, LANL 36,687 36,687
06–D–141, Uranium Processing Facility, Y–12 750,000 750,000
04–D–125, Chemistry and Metallurgy Research Replacement Project, LANL 169,427 169,427
Total, Programmatic 1,386,319 1,386,319
Mission enabling
19–D–670, 138kV Power Transmission System Replacement, NNSS 59,000 59,000
15–D–612, Emergency Operations Center, LLNL 27,000 27,000
15–D–611, Emergency Operations Center, SNL 36,000 36,000
Total, Mission enabling 122,000 122,000
Total, I&O construction 1,508,319 1,508,319
Total, Infrastructure and operations 4,383,577 4,383,577
Secure transportation asset
Operations and equipment 266,390 266,390
Program direction 123,684 123,684
Total, Secure transportation asset 390,074 390,074
Defense nuclear security
Operations and maintenance 815,895 815,895
Security improvements program 0 0
Construction:
17–D–710, West end protected area reduction project, Y–12 11,000 11,000
Subtotal, construction 11,000 11,000
Total, Defense nuclear security 826,895 826,895
Information technology and cybersecurity 375,511 375,511
Legacy contractor pensions 101,668 101,668
Total, Weapons activities 16,056,000 16,056,000
Adjustments
Use of prior year balances 0 0
Total, Adjustments 0 0
Total, Weapons Activities 15,602,000 15,602,000
Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation Programs
Material management and minimization
Conversion (formerly HEU Reactor Conversion) 170,000 170,000
Nuclear material removal 40,000 40,000
Material disposition 190,711 190,711
Laboratory and partnership support 0 0
Total, Material management & minimization 400,711 400,711
Global material security 0
International nuclear security 66,391 66,391
Domestic radiological security 101,000 101,000
International radiological security 73,340 73,340
Nuclear smuggling detection and deterrence 159,749 159,749
Total, Global material security 400,480 400,480
Nonproliferation and arms control 138,708 138,708
National Technical Nuclear Forensics R&D 40,000 40,000
Defense nuclear nonproliferation R&D
Proliferation detection 235,220 235,220
Nonproliferation Stewardship program 59,900 59,900
Nuclear detonation detection 236,531 236,531
Nonproliferation fuels development 0 0
Total, Defense Nuclear Nonproliferation R&D 531,651 531,651
Nonproliferation construction
U. S. Construction:
18–D–150 Surplus Plutonium Disposition Project 148,589 148,589
99–D–143, Mixed Oxide (MOX) Fuel Fabrication Facility, SRS 0 0
Total, U. S. Construction: 148,589 148,589
Total, Nonproliferation construction 148,589 148,589
Total, Defense Nuclear Nonproliferation Programs 1,660,139 1,660,139
Legacy contractor pensions 14,348 14,348
Nuclear counterterrorism and incident response program
Emergency Operations 36,000 36,000
Counterterrorism and Counterproliferation 341,513 341,513
Total, Nuclear counterterrorism and incident response program 377,513 377,513
Subtotal, Defense Nuclear Nonproliferation 2,052,000 2,052,000
Adjustments
Use of prior year balances –21,000 –21,000
Total, Adjustments –21,000 –21,000
Total, Defense Nuclear Nonproliferation 2,031,000 2,031,000
Naval Reactors
Naval reactors development 590,306 590,306
Columbia-Class reactor systems development 64,700 64,700
S8G Prototype refueling 135,000 135,000
Naval reactors operations and infrastructure 506,294 506,294
Program direction 53,700 53,700
Construction:
21–D–530 KL Steam and Condensate Upgrades 4,000 4,000
14–D–901, Spent fuel handling recapitalization project, NRF 330,000 330,000
Total, Construction 334,000 334,000
Transfer to NE—Advanced Test Reactor (non-add) 0 0
Total, Naval Reactors 1,684,000 1,684,000
TOTAL, National Nuclear Security Administration 19,771,000 19,771,000
Defense Environmental Cleanup
Closure sites administration 4,987 4,987
Richland:
River corridor and other cleanup operations 54,949 54,949
Central plateau remediation 498,335 498,335
Richland community and regulatory support 2,500 2,500
18–D–404 Modification of Waste Encapsulation and Storage Facility 0 0
Total, Richland 555,784 555,784
Office of River Protection:
Waste Treatment Immobilization Plant Commissioning 50,000 50,000
Rad liquid tank waste stabilization and disposition 597,757 597,757
Construction:
18–D–16 Waste treatment and immobilization plant—LBL/Direct feed LAW 609,924 609,924
15–D–409 Low activity waste pretreatment system, ORP 0 0
01–D–16 D, High-level waste facility 0 0
01–D–16 E, Pretreatment Facility 0 0
Total, Construction 609,924 609,924
ORP Low-level waste offsite disposal 0 0
Total, Office of River Protection 1,257,681 1,257,681
Idaho National Laboratory:
Idaho cleanup and waste disposition 257,554 257,554
ID Excess facilities R&D 0 0
Idaho community and regulatory support 2,400 2,400
Total, Idaho National Laboratory 259,954 259,954
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory 1,764 1,764
LLNL Excess facilities R&D 0 0
Separations Process Research Unit 15,000 15,000
Nevada Test Site 60,737 60,737
Sandia National Laboratories 4,860 4,860
Los Alamos National Laboratory 120,000 220,000
Execute achievable scope of work (100,000)
Total, NNSA sites and Nevada off-sites 202,361 302,361
Oak Ridge Reservation:
OR Nuclear facility D & D 109,077 109,077
U233 Disposition Program 45,000 45,000
OR cleanup and waste disposition 58,000 58,000
Construction:
17–D–401 On-site waste disposal facility 22,380 22,380
14–D–403 Outfall 200 Mercury Treatment Facility 20,500 20,500
Subtotal, Construction: 42,880 42,880
OR community & regulatory support 4,930 4,930
OR technology development and deployment 3,000 3,000
Total, Oak Ridge Reservation 262,887 262,887
Savannah River Site:
Savannah River risk management operations 455,122 455,122
SR community and regulatory support 4,989 4,989
Radioactive liquid tank waste:
Construction:
20-D–402 Advanced Manufacturing Collaborative Facility (AMC) 25,000 25,000
20-D–401 Saltstone Disposal Unit #10, 11, 12 0 0
19–D–701 SR Security system replacement 0 0
18–D–402,Saltstone disposal unit #8/9 65,500 65,500
17–D–402—Saltstone Disposal Unit #7 10,716 10,716
05–D–405 Salt waste processing facility, SRS 0 0
Total, Construction, Radioactive liquid tank waste 101,216 101,216
Radioactive liquid tank waste stabilization 970,332 970,332
Total, Savannah River Site 1,531,659 1,531,659
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant 323,260 323,260
Construction:
15–D–411 Safety significant confinement ventilation system, WIPP 0 0
15–D–412 Exhaust shaft, WIPP 50,000 50,000
21–D–401 Hoisting Capability Project 10,000 10,000
Total, Construction 60,000 60,000
Total, Waste Isolation Pilot Plant 383,260 383,260
Program direction—Defense Environment Cleanup 275,285 275,285
Program support—Defense Environment Cleanup 12,979 12,979
Safeguards and Security—Defense Environment Cleanup 320,771 320,771
Technology development and deployment 25,000 25,000
Use of prior year balances 0 0
Subtotal, Defense environmental cleanup 5,092,608 5,192,608
Rescission:
Rescission of prior year balances –109,000 –109,000
TOTAL, Defense Environmental Cleanup 4,983,608 5,083,608
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and security mission support 134,320 134,320
Program direction 75,368 75,368
Total, Environment, health, safety and security 209,688 209,688
Independent enterprise assessments
Enterprise assessments 26,949 26,949
Program direction—Office of Enterprise Assessments 54,635 54,635
Total, Office of Enterprise Assessments 81,584 81,584
Specialized security activities 258,411 258,411
Office of Legacy Management
Legacy management activities—defense 293,873 143,873
Maintain current program administration (–150,000)
Program direction 23,120 23,120
Total, Office of Legacy Management 316,993 166,993
Defense related administrative support 183,789 183,789
Office of hearings and appeals 4,262 4,262
Subtotal, Other defense activities 1,054,727 904,727
Use of prior year balances 0 0
Total, Other Defense Activities 1,054,727 904,727
June 23, 2020
Read twice and placed on the calendar