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H.R. 6395: William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021


The text of the bill below is as of Jul 9, 2020 (Reported by House Committee).


IB

Union Calendar No. 354

116th CONGRESS

2d Session

H. R. 6395

[Report No. 116–442]

IN THE HOUSE OF REPRESENTATIVES

March 26, 2020

(for himself and Mr. Thornberry) (both by request) introduced the following bill; which was referred to the Committee on Armed Services

July 9, 2020

Reported with amendments; committed to the Committee of the Whole House on the State of the Union and ordered to be printed

Strike out all after the enacting clause and insert the part printed in italic

For text of introduced bill, see copy of bill as introduced on March 26, 2020


A BILL

To authorize appropriations for fiscal year 2021 for military activities of the Department of Defense and for military construction, to prescribe military personnel strengths for such fiscal year, and for other purposes.


1.

Short title

(a)

Short title

This Act may be cited as the William M. (Mac) Thornberry National Defense Authorization Act for Fiscal Year 2021.

(b)

References

Any reference in this or any other Act to the National Defense Authorization Act for Fiscal Year 2021 shall be deemed to refer to the William M. (Mac) Thornberry 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.

(5)

Division E—National Artificial Intelligence Initiative Act of 2020.

(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.

Division A—DEPARTMENT OF DEFENSE AUTHORIZATIONS

Title I—PROCUREMENT

Subtitle A—Authorization Of Appropriations

Sec. 101. Authorization of appropriations.

Subtitle B—Navy Programs

Sec. 111. Independent cost estimate of FFG(X) frigate program.

Subtitle C—Air Force Programs

Sec. 121. Modification of force structure objectives for B–1 bomber aircraft.

Sec. 122. Extension of limitation on availability of funds for retirement of RC–135 aircraft.

Sec. 123. Modification of limitation on availability of funds for retirement of E–8 JSTARS aircraft.

Sec. 124. Limitation on availability of funds for the Advanced Battle Management System pending certification relating to RQ–4 aircraft.

Sec. 125. Inventory requirements for certain air refueling tanker aircraft.

Sec. 126. Limitation on production of KC–46A aircraft.

Sec. 127. Assessment and certification relating to OC–135 aircraft.

Sec. 128. Modernization plan for airborne intelligence, surveillance, and reconnaissance.

Sec. 129. Minimum bomber aircraft force level.

Subtitle D—Defense-wide, Joint, and Multiservice Matters

Sec. 131. Documentation relating to the F–35 aircraft program.

Sec. 132. Notification on software regression testing for F–35 aircraft.

Sec. 133. Notification on efforts to replace inoperable ejection seat aircraft locator beacons.

Sec. 134. Limitation on use of funds for the Armed Overwatch Program.

Title II—RESEARCH, DEVELOPMENT, TEST, AND EVALUATION

Subtitle A—Authorization of Appropriations

Sec. 201. Authorization of appropriations.

Subtitle B—Program Requirements, Restrictions, and Limitations

Sec. 211. Modification of Science, Mathematics, and Research for Transformation (SMART) Defense Education Program.

Sec. 212. Enhanced participation of Department of Defense contractors in science, technology, engineering, and mathematics activities.

Sec. 213. Modification of requirements relating to certain cooperative research and development agreements.

Sec. 214. Pilot program on talent optimization.

Sec. 215. Codification of the National Security Innovation Network.

Sec. 216. Modification of pilot program on enhanced civics education.

Sec. 217. Modification of joint artificial intelligence research, development, and transition activities.

Sec. 218. Modification of national security innovation activities and manufacturing pilot program.

Sec. 219. Extension of pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense.

Sec. 220. Digital data management and analytics capability.

Sec. 221. Social science, management science, and information science research activities.

Sec. 222. Measuring and incentivizing programming proficiency.

Sec. 223. Information technology modernization and security efforts.

Sec. 224. Board of Directors for the Joint Artificial Intelligence Center.

Sec. 225. Directed Energy Working Group.

Sec. 226. Program Executive Officer for Autonomy.

Sec. 227. Accountability measures relating to the Advanced Battle Management System.

Sec. 228. Measures to address foreign talent programs.

Sec. 229. Disclosure of foreign funding sources in applications for Federal research awards.

Sec. 230. Limitations relating to large unmanned surface vessels and associated offensive weapon systems.

Sec. 231. Limitation on availability of funds pending review and report on next generation air dominance capabilities.

Subtitle C—Emerging Technology and Artificial Intelligence Matters

Sec. 241. Steering committee on emerging technology.

Sec. 242. Training for human resources personnel in artificial intelligence and related topics.

Sec. 243. Unclassified workspaces for personnel with pending security clearances.

Sec. 244. Pilot program on the use of electronic portfolios to evaluate applicants for certain technical positions.

Sec. 245. Self-directed training in artificial intelligence.

Sec. 246. Part-time and term employment of university professors and students in the Defense science and technology enterprise.

Sec. 247. Microelectronics and national security.

Sec. 248. Acquisition of ethically and responsibly developed artificial intelligence technology.

Sec. 249. Enhancement of public-private talent exchange programs in the Department of Defense.

Subtitle D—Sustainable Chemistry Research and Development

Sec. 251. Short title.

Sec. 252. Findings.

Sec. 253. National coordinating entity for sustainable chemistry.

Sec. 254. Strategic plan for sustainable chemistry.

Sec. 255. Agency activities in support of sustainable chemistry.

Sec. 256. Partnerships in sustainable chemistry.

Sec. 257. Prioritization.

Sec. 258. Rule of construction.

Sec. 259. Major multi-user research facility project.

Subtitle E—Plans, Reports, and Other Matters

Sec. 261. Modification to annual report of the Director of Operational Test and Evaluation.

Sec. 262. Repeal of quarterly updates on the Optionally Manned Fighting Vehicle program.

Sec. 263. Independent evaluation of personal protective and diagnostic testing equipment.

Sec. 264. Reports on F–35 physiological episodes and mitigation efforts.

Sec. 265. Study on mechanisms for attracting and retaining high quality talent in the national security innovation base.

Title III—Operation and Maintenance

Subtitle A—Authorization of Appropriations

Sec. 301. Authorization of appropriations.

Subtitle B—Energy and Environment

Sec. 311. Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions.

Sec. 312. Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions.

Sec. 313. Agreements to limit encroachments and other constraints on military training, testing, and operations.

Sec. 314. Modification of Department of Defense environmental restoration authorities to include Federal Government facilities used by National Guard.

Sec. 315. Increased transparency through reporting on usage and spills of aqueous film-forming foam at military installations.

Sec. 316. Replacement of non-tactical motor vehicles at the end of service life with electric or hybrid motor vehicles.

Sec. 317. Budgeting of Department of Defense relating to operational energy improvement.

Sec. 318. Assessment of Department of Defense operational energy usage.

Sec. 319. Improvement of the operational energy capability improvement fund of the Department of Defense.

Sec. 320. Five-year reviews of containment technologies relating to Red Hill Bulk Fuel Storage Facility.

Sec. 321. Limitation on use of funds for acquisition of furnished energy for Rhine Ordnance Barracks Army Medical Center.

Sec. 322. Requirement to update Department of Defense climate change roadmap.

Sec. 323. Comptroller General report on Department of Defense installation energy.

Sec. 324. Department of Defense report on emissions levels.

Sec. 325. Objectives, performance standards, and criteria for use of wildlife conservation banking programs.

Sec. 326. Offshore wind energy development, Morro Bay, California.

Sec. 327. Long-duration demonstration initiative and joint program.

Sec. 328. Prizes for development of non-PFAS-containing fire-fighting agent.

Sec. 329. Survey of technologies for Department of Defense application in phasing out the use of fluorinated aqueous film-forming foam.

Sec. 330. Interagency body on research related to per- and polyfluoroalkyl substances.

Sec. 331. Restriction on procurement by defense logistics agency of certain items containing perfluoroalkyl substances and polyfluoroalkyl substances.

Sec. 332. Standards for removal or remedial actions with respect to PFOS or PFOA contamination.

Sec. 333. Research and development of alternative to aqueous film-forming foam.

Sec. 334. Notification to agricultural operations located in areas exposed to Department of Defense PFAS use.

Sec. 335. Public disclosure of results of Department of Defense testing for perfluoroalkyl or polyfluoroalkyl substances.

Subtitle C—Logistics and Sustainment

Sec. 351. National Defense Sustainment and Logistics Review.

Sec. 352. Extension of sunset relating to charter air transportation services.

Sec. 353. Additional elements for inclusion in Navy ship depot maintenance budget report.

Sec. 354. Modification to limitation on length of overseas forward deployment of naval vessels.

Sec. 355. Independent advisory panel on weapon system sustainment.

Sec. 356. Biannual briefings on status of Shipyard Infrastructure Optimization Plan.

Sec. 357. Materiel readiness metrics and objectives for major weapon systems.

Subtitle D—Munitions Safety and Oversight

Sec. 361. Chair of Department of Defense explosive safety board.

Sec. 362. Explosive Ordnance Disposal Defense Program.

Sec. 363. Assessment of resilience of Department of Defense munitions enterprise.

Sec. 364. Report on safety waivers and mishaps in Department of Defense munitions enterprise.

Subtitle E—Other Matters

Sec. 371. Pilot program for temporary issuance of maternity-related uniform items.

Sec. 372. Servicewomen’s Commemorative Partnerships.

Sec. 373. Biodefense analysis and budget submission.

Title IV—MILITARY PERSONNEL AUTHORIZATIONS

Subtitle A—Active Forces

Sec. 401. End strengths for active forces.

Sec. 402. Revisions in permanent active duty end strength minimum levels.

Sec. 403. Modification of the authorized number and accounting method for senior enlisted personnel.

Subtitle B—Reserve Forces

Sec. 411. End strengths for Selected Reserve.

Sec. 412. End strengths for Reserves on active duty in support of the Reserves.

Sec. 413. End strengths for military technicians (dual status).

Sec. 414. Maximum number of reserve personnel authorized to be on active duty for operational support.

Subtitle C—Authorization of Appropriations

Sec. 421. Military personnel.

Title V—MILITARY PERSONNEL POLICY

Subtitle A—Officer Personnel Policy

Sec. 501. Authorized strength: exclusion of certain general and flag officers of the reserve components on active duty.

Sec. 502. Diversity in selection boards.

Sec. 503. Redaction of personally identifiable information from records furnished to a promotion board.

Subtitle B—Reserve Component Management

Sec. 511. Grants to support STEM education in the Junior Reserve Officers’ Training Corps.

Sec. 512. Modification of education loan repayment program for members of Selected Reserve.

Sec. 513. Requirement of consent of the chief executive officer for certain full-time National Guard duty performed in a State, Territory, or the District of Columbia.

Sec. 514. Constructive credit for certain members of the reserve components who cannot complete minimum annual training requirements as a result of the COVID-19 pandemic.

Sec. 515. Guidance for use of unmanned aircraft systems by the National Guard.

Sec. 516. Direct employment pilot program for certain members of the reserve components.

Sec. 517. Temporary limitation on authority to transfer, relocate, or dissolve elements of the reserve components of the Air Force.

Sec. 518. Pilot programs in connection with SROTC units and CSPI programs at Historically Black Colleges and Universities and minority institutions.

Subtitle C—General Service Authorities and Correction of Military Records

Sec. 521. Temporary authority to order retired members to active duty in high-demand, low-density assignments during war or national emergency.

Sec. 522. Reenlistment waivers for persons separated from the Armed Forces who commit one misdemeanor cannabis offense.

Sec. 523. Review of Seaman to Admiral-21 program; credit towards retirement.

Subtitle D—Military Justice and Other Legal Matters

Sec. 531. Punitive article on violent extremism.

Sec. 532. Preservation of Court-martial records.

Sec. 533. Electronic notarization for members of the Armed Forces.

Sec. 534. Clarifications regarding scope of employment and reemployment rights of members of the uniformed services.

Sec. 535. Absentee ballot tracking program.

Sec. 536. Tracking mechanism and reporting requirements for supremacist, extremist, and criminal gang activity in the Armed Forces.

Sec. 537. Military-civilian task force on domestic violence and related information collection activities.

Sec. 538. Actions to address military-connected child abuse.

Sec. 539. Multidisciplinary board to evaluate suicide events.

Subtitle E—Sexual Assault

Sec. 541. Protection of attorney-client privilege between victims and Special Victims’ Counsel.

Sec. 542. Authority of military judges and military magistrates to issue military court protective orders.

Sec. 543. Additional bases for provision of advice by the Defense Advisory Committee for the Prevention of Sexual Misconduct.

Sec. 544. Modification of reporting and data collection on victims of sexual offenses.

Sec. 545. Modification of annual report regarding sexual assaults involving members of the Armed Forces.

Sec. 546. Coordination of support for survivors of sexual trauma.

Sec. 547. Policy on separation of victim and accused at military service academies.

Sec. 548. Safe-to-report policy applicable across the Armed Forces.

Sec. 549. Question in workplace and gender relations surveys regarding prosecutions of sexual assault.

Sec. 549A. Pilot program on prosecution of special victim offenses committed by attendees of military service academies.

Sec. 549B. Report on status of investigations of alleged sex-related offenses.

Subtitle F—Member Education, Training, and Transition

Sec. 551. Counseling in the Transition Assistance Program regarding sexual assault, sexual or gender harassment, and intimate partner violence.

Sec. 552. Establishment of mentoring and career counseling program.

Sec. 553. Defense Language Institute Foreign Language Center.

Sec. 554. Defense Language Institute Foreign Language Center.

Sec. 555. Increase in number of permanent professors at the United States Air Force Academy.

Sec. 556. Information on nominations and applications for military service academies.

Sec. 557. Transformation of the professional military education enterprise.

Sec. 558. College of International Security Affairs of the National Defense University.

Sec. 559. Public-private consortium to improve professional military education.

Subtitle G—Military Family Readiness and Dependents’ Education

Sec. 561. Family readiness: definitions; communication strategy; report.

Sec. 562. Support services for members of special operations forces and immediate family members.

Sec. 563. Authority to provide financial assistance to certain in-home child care providers for members of the Armed Forces and survivors of members who die in combat in the line of duty.

Sec. 564. Expansion of financial assistance under My Career Advancement Account program.

Sec. 565. Child care.

Sec. 566. Continuation of paid parental leave upon death of child.

Sec. 567. Study and report on the performance of the Department of Defense Education Activity.

Sec. 568. Comptroller General of the United States report on the structural condition of Department of Defense Education Activity schools.

Sec. 569. Pilot program to expand eligibility for enrollment at domestic dependent elementary and secondary schools.

Sec. 569A. Continued assistance to schools with significant numbers of military dependent students.

Sec. 569B. Standardization of the Exceptional Family Member Program.

Subtitle H—Diversity and Inclusion

Sec. 571. Diversity and inclusion reporting requirements.

Sec. 572. Establishment of Diversity and Inclusion Advisory Council of the Department of Defense.

Sec. 573. Establishment of Special Inspector General for Racial and Ethnic Disparities in the Armed Forces; amendments to Inspector General Act.

Sec. 574. Questions regarding racism, anti-Semitism, and supremacism in workplace surveys administered by the Secretary of Defense.

Sec. 575. Report on demographics of officers appointed to certain grades.

Sec. 576. Plans to increase female and minority representation in the Armed Forces.

Sec. 577. Evaluation of barriers to minority participation in certain units of the Armed Forces.

Subtitle I—Decorations and Awards

Sec. 581. Establishment of the Atomic Veterans Service Medal.

Sec. 582. Authorization for award of the distinguished-service cross for Ramiro F. Olivo for acts of valor during the Vietnam War.

Subtitle J—Miscellaneous Reports and Other Matters

Sec. 591. Expansion of Department of Defense STARBASE Program.

Sec. 592. Inclusion of certain outlying areas in the Department of Defense STARBASE Program.

Sec. 593. Prohibition on charging for or counting certain acronyms on headstones of individuals interred at Arlington National Cemetery.

Sec. 594. Report on placement of members of the Armed Forces in academic status who are victims of sexual assault onto Non-Rated Periods.

Sec. 595. Sense of Congress regarding advertising recruiting efforts.

Title VI—COMPENSATION AND OTHER PERSONNEL BENEFITS

Subtitle A—Pay and Allowances

Sec. 601. Increase in basic pay.

Sec. 602. Basic needs allowance for low-income regular members.

Sec. 603. Reorganization of certain allowances other than travel and transportation allowances.

Subtitle B—Bonuses and Special Incentive Pays

Sec. 611. One-year extension of certain expiring bonus and special pay authorities.

Sec. 612. Increase in certain hazardous duty incentive pay for members of the uniformed services.

Sec. 613. Standardization of payment of hazardous duty incentive pay for members of the uniformed services.

Sec. 614. Clarification of 30 days of continuous duty on board a ship required for family separation allowance for members of the uniformed services.

Sec. 615. Expansion of reimbursable State licensure and certification costs for a military spouse arising from relocation.

Subtitle C—Family and Survivor Benefits

Sec. 621. Expansion of authority to provide financial assistance to civilian providers of child care services or youth program services for survivors of members of the Armed Forces who die in the line of duty.

Sec. 622. Expansion of death gratuity for ROTC graduates.

Sec. 623. Recalculation of financial assistance for providers of child care services and youth program services for dependents.

Sec. 624. Priority for certain military family housing to a member of the Armed Forces whose spouse agrees to provide family home day care services.

Sec. 625. Study on feasibility of TSP contributions by military spouses.

Subtitle D—Defense Resale Matters

Sec. 631 . Base responders essential needs and dining access.

Sec. 632. First responder access to mobile exchanges.

Sec. 633. Updated business case analysis for consolidation of the defense resale system.

Subtitle E—Other Personnel Benefits

Sec. 641. Maintenance of funding for Stars and Stripes.

Title VII—Health Care Provisions

Subtitle A—TRICARE and Other Health Care Benefits

Sec. 701. Expansion of mental health assessments for members of the Armed Forces.

Sec. 702. Mandatory referral for mental health evaluation.

Sec. 703. Assessments and testing relating to exposure to perfluoroalkyl and polyfluoroalkyl substances.

Sec. 704. Improvement to breast cancer screening.

Subtitle B—Health Care Administration

Sec. 711. Protection of the Armed Forces from infectious diseases.

Sec. 712. Inclusion of drugs, biological products, and critical medical supplies in national security strategy for national technology and industrial base.

Sec. 713. Contract authority of the Uniformed Services University of the Health Sciences.

Sec. 714. Extension of organization requirements for Defense Health Agency.

Sec. 715. Modification to limitation on the realignment or reduction of military medical manning end strength.

Sec. 716. Modifications to implementation plan for restructure or realignment of military medical treatment facilities.

Sec. 717. Policy to address opioid prescription abuse prevention.

Sec. 718. Addition of burn pit registration to electronic health records of members of the Armed Forces and veterans.

Subtitle C—Matters relating to COVID–19

Sec. 721. COVID–19 military health system review panel.

Sec. 722. COVID–19 global war on pandemics.

Sec. 723. Registry of TRICARE beneficiaries diagnosed with COVID–19.

Subtitle D—Reports and Other Matters

Sec. 731. Modifications to pilot program on civilian and military partnerships to enhance interoperability and medical surge capability and capacity of national disaster medical system.

Sec. 732. Reports on suicide among members of the Armed Forces and suicide prevention programs and activities of the Department of Defense.

Sec. 733. Clarification of research under Joint Trauma Education and Training Directorate and inclusion of military working dogs.

Sec. 734. Extension of the Joint Department of Defense-Department of Veterans Affairs Medical Facility Demonstration Project.

Sec. 735. Information sharing by Secretary of Defense regarding prevention of infant and maternal mortality.

Sec. 736. Grant program for increased cooperation on post-traumatic stress disorder research between United States and Israel.

Sec. 737. Pilot program on cryopreservation and storage.

Sec. 738. Pilot program on parents serving as certified nursing assistants for children under TRICARE program.

Sec. 739. Study on incidence of cancer diagnosis and mortality among pilots in the Armed Forces.

Sec. 740. Report on diet and nutrition of members of the Armed Forces.

Sec. 741. Report on costs and benefits of allowing retired members of the Armed Forces to contribute to health savings accounts.

Sec. 742. Study on toxic exposure at Karshi–Khanabad Air Base, Uzbekistan.

Sec. 743. Audit of medical conditions of tenants in privatized military housing.

Sec. 744. Report on Integrated Disability Evaluation System.

Sec. 745. Review and report on prevention of suicide among members of the Armed Forces stationed at remote installations outside the contiguous United States.

Subtitle E—Mental health services from Department of Veterans Affairs for members of reserve components

Sec. 751. Short title.

Sec. 752. Expansion of eligibility for readjustment counseling and related outpatient services from Department of Veterans Affairs to include members of reserve components of the Armed Forces.

Sec. 753. Provision of mental health services from Department of Veterans Affairs to members of reserve components of the Armed Forces.

Sec. 754. Inclusion of members of reserve components in mental health programs of Department of Veterans Affairs.

Sec. 755. Report on mental health and related services provided by Department of Veterans Affairs to members of the Armed Forces.

Title VIII—Acquisition Policy, Acquisition Management, and Related Matters

Subtitle A—Acquisition Policy and Management

Sec. 801. Congressional notification of termination of a middle tier acquisition program.

Sec. 802. Modification to the definition of nontraditional defense contractor.

Sec. 803. Major weapon systems: life-cycle sustainment plan.

Sec. 804. Contractor business systems.

Sec. 805. Acquisition authority of the Director of the Joint Artificial Intelligence Center.

Sec. 806. Reforming the Department of Defense.

Sec. 807. Alternative Space Acquisition System for the United States Space Force.

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

Sec. 811. Sustainment reform for the Department of Defense.

Sec. 812. Modifications to Comptroller General assessment of acquisition programs and related initiatives.

Sec. 813. Contractor whistleblower protections relating to nondisclosure agreements.

Sec. 814. Competition requirements for purchases from Federal Prison Industries.

Sec. 815. Disclosure of beneficial owners in database for Federal agency contract and grant officers.

Sec. 816. Inclusion of optical transmission components in the analytical framework for supply chain risks.

Sec. 817. Amendment to definition of qualified apprentice.

Sec. 818. Contract closeout authority for services contracts.

Sec. 819. Plan to improve Department-wide management of investments in weapon systems.

Subtitle C—Industrial Base Matters

Sec. 821. Quarterly national technology and industrial base briefings.

Sec. 822. Expansion on the prohibition on acquiring certain metal products.

Sec. 823. Requirement that certain ship components be manufactured in the national technology and industrial base.

Sec. 824. Preference for sourcing rare earth materials from the national technology and industrial base.

Sec. 825. Enhanced domestic content requirement for major defense acquisition programs.

Sec. 826. Additional requirements pertaining to printed circuit boards.

Sec. 827. Report on use of domestic nonavailability determinations.

Sec. 828. Sense of Congress on the prohibition on certain telecommunications and video surveillance services or equipment.

Subtitle D—Small Business Matters

Sec. 831. Transfer of verification of small business concerns owned and controlled by veterans or service-disabled veterans to the Small Business Administration.

Sec. 832. Equitable adjustments to certain construction contracts.

Sec. 833. Exemption of certain contracts awarded to small business concerns from category management requirements.

Sec. 834. Report on accelerated payments to certain small business concerns.

Subtitle E—Other Matters

Sec. 841. Modifications to supervision and award of certain contracts.

Sec. 842. Amendments to submissions to Congress relating to certain foreign military sales.

Sec. 843. Revisions to requirement to use firm fixed-price contracts for foreign military sales.

Sec. 844. Small Business Industrial Base Resiliency Program.

Sec. 845. Requirements relating to reports and limitations on the availability of funds.

Sec. 846. Assessment of the requirements processes of the military departments.

Sec. 847. Report on transfer and consolidation of certain defense acquisition statutes.

Title IX—Department of Defense Organization and Management

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

Sec. 901. Repeal of position of Chief Management Officer.

Sec. 902. Assistant Secretary of Defense for Industrial Base Policy.

Subtitle B—Other Department of Defense Organization and Management Matters

Sec. 911. Limitation on reduction of civilian workforce.

Sec. 912. Chief Diversity Officers.

Sec. 913. Establishment of Deputy Assistant Secretaries for Sustainment.

Sec. 914. Office of Defense Community Cooperation and Economic Adjustment.

Sec. 915. Input from Chief of National Guard Bureau to the Joint Requirements Oversight Council.

Sec. 916. Redesignation of the Joint Forces Staff College.

Subtitle C—Space Matters

Sec. 921. Assistant Secretary of Defense for Space and Strategic Deterrence Policy.

Sec. 922. Office of the Chief of Space Operations.

Sec. 923. Space Force Medal.

Sec. 924. Clarification of procurement of commercial satellite communications services.

Sec. 925. Temporary exemption from authorized daily average of members in pay grades E–8 and E–9.

Sec. 926. One-time uniform allowance for members transferred to the Space Force.

Title X—General Provisions

Subtitle A—Financial Matters

Sec. 1001. General transfer authority.

Sec. 1002. Determination of budgetary effects.

Sec. 1003. Pandemic Preparedness and Resilience National Security Fund.

Sec. 1004. Budget materials for special operations forces.

Subtitle B—Counterdrug Activities

Sec. 1011. Support for counterdrug activities and activities to counter transnational organized crime affecting flow of drugs into the United States.

Sec. 1012. Congressional notification with respect to Department of Defense support provided to other United States agencies for counterdrug activities and activities to counter transnational organized crime.

Subtitle C—Naval Vessels

Sec. 1021. Limitation on availability of certain funds without naval vessels plan and certification.

Sec. 1022. Limitations on use of funds in the National Defense Sealift Fund for purchase of foreign constructed vessels.

Sec. 1023. Use of National Sea-Based Deterrence Fund for incrementally funded contracts to provide full funding for Columbia class submarines.

Sec. 1024. Preference for United States vessels in transporting supplies by sea.

Sec. 1025. Restrictions on overhaul, repair, etc. of naval vessels in foreign shipyards.

Sec. 1026. Biannual report on shipbuilder training and the defense industrial base.

Sec. 1027. Prohibition on use of funds for retirement of certain littoral combat ships.

Sec. 1028. Report on implementation of Commandant’s Planning Guidance.

Sec. 1029. Limitation on naval force structure changes.

Subtitle D—Counterterrorism

Sec. 1031. Prohibition on use of funds for transfer or release of individuals detained at United States Naval Station, Guantanamo Bay, Cuba, to certain countries.

Subtitle E—Miscellaneous Authorities and Limitations

Sec. 1041. Support of special operations to combat terrorism.

Sec. 1042. Prohibition on retirement of nuclear powered aircraft carriers before first refueling.

Sec. 1043. Required minimum inventory of tactical airlift aircraft.

Sec. 1044. Modification and technical correction to Department of Defense authority to provide assistance along the southern land border of the United States.

Sec. 1045. Battlefield airborne communications node certification requirement.

Sec. 1046. Requirements relating to newest generations of personal protective equipment.

Sec. 1047. Prohibition on use of funds for retirement of A-10 aircraft.

Sec. 1048. Mandatory criteria for strategic basing decisions.

Sec. 1049. Limitation on use of funds pending public availability of top-line numbers of deployed members of the Armed Forces.

Sec. 1050. Limitation on physical move, integration, reassignment, or shift in responsibility of Marine Forces Northern Command.

Sec. 1051. Conditions for permanently basing United States equipment or additional forces in host countries with at-risk vendors in 5G or 6G networks.

Title XI—Civilian Personnel Matters

Subtitle A—General Provisions

Sec. 1101. Family and medical leave amendments.

Sec. 1102. Limitation on authority to exclude employees from chapter 71 of title 5.

Sec. 1103. Authority to provide travel and transportation allowances in connection with transfer ceremonies of department of defense and coast guard civilian employees who die overseas.

Sec. 1104. One-year extension of authority to waive annual limitation on premium pay and aggregate limitation on pay for federal civilian employees working overseas.

Sec. 1105. One-year extension of temporary authority to grant allowances, benefits, and gratuities to civilian personnel on official duty in a combat zone.

Sec. 1106. Limiting the number of local wage areas defined within a pay locality.

Sec. 1107. Civilian Faculty At the Defense Security Cooperation University and Institute of Security Governance.

Sec. 1108. Expansion of authority for appointment of recently-retired members of the armed forces to positions at certain industrial base facilities.

Sec. 1109. Fire Fighters Alternative Work Schedule demonstration project.

Sec. 1110. Special rules for certain monthly workers’ compensation payments and other payments for Federal Government personnel under chief of mission authority.

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

Sec. 1121. Short title.

Sec. 1122. Sense of Congress.

Sec. 1123. Notification of violation.

Sec. 1124. Reporting requirements.

Sec. 1125. Data to be posted by employing Federal agencies.

Sec. 1126. Data to be posted by the Equal Employment Opportunity Commission.

Sec. 1127. Notification and Federal Employee Antidiscrimination and Retaliation Act of 2002 amendments.

Sec. 1128. Nondisclosure agreement limitation.

Title XII—Matters relating to foreign nations

Subtitle A—Assistance and training

Sec. 1201. Modification and extension of support of special operations for irregular warfare.

Sec. 1202. Department of Defense participation in European Program on Multilateral Exchange of Surface Transportation Services.

Sec. 1203. Extension of authority to transfer excess high mobility multipurpose wheeled vehicles to foreign countries.

Sec. 1204. Modification and extension of update of Department of Defense Freedom of Navigation Report.

Sec. 1205. Extension of report on workforce development.

Subtitle B—Matters relating to Afghanistan and Pakistan

Sec. 1211. Extension and modification of authority for reimbursement of certain coalition nations for support provided to United States military operations.

Sec. 1212. Extension of the Afghan Special Immigrant Visa Program.

Sec. 1213. Limitation on use of funds to reduce deployment to Afghanistan.

Sec. 1214. Report on Operation Freedom Sentinel.

Subtitle C—Matters relating to Syria, Iraq, and Iran

Sec. 1221. Extension and modification of authority to provide assistance to counter the Islamic State of Iraq and Syria.

Sec. 1222. Extension of authority to provide assistance to the vetted Syrian opposition.

Sec. 1223. Extension of authority to support operations and activities of the Office of Security Cooperation in Iraq.

Sec. 1224. Prohibition on provision of weapons and other forms of support to certain organizations.

Sec. 1225. Consolidated budget display and report on Operation Spartan Shield.

Sec. 1226. Sense of Congress on Peshmerga forces as a partner in Operation Inherent Resolve.

Subtitle D—Matters relating to Russia

Sec. 1231. Prohibition on availability of funds relating to sovereignty of the Russian Federation over Crimea.

Sec. 1232. Extension of limitation on military cooperation between the United States and the Russian Federation.

Sec. 1233. Modification and extension of Ukraine Security Assistance Initiative.

Sec. 1234. United States participation in the Open Skies Treaty.

Subtitle E—Matters relating to Europe and NATO

Sec. 1241. Limitations on use of funds to reduce the total number of members of the Armed Forces serving on active duty who are stationed in Germany, to reduce the total number of members of the Armed Forces stationed in Europe, and to divest military infrastructure in Europe.

Sec. 1242. Sense of Congress on support for coordinated action to ensure the security of Baltic allies.

Sec. 1243. Sense of Congress on support for Estonia, Latvia, and Lithuania.

Sec. 1244. Sense of Congress on support for Georgia.

Sec. 1245. Sense of Congress on burden sharing by partners and allies.

Sec. 1246. Sense of Congress on NATO’s response to the COVID-19 pandemic.

Subtitle F—Matters relating to the Indo-Pacific region

Sec. 1251. Indo-Pacific Reassurance Initiative.

Sec. 1252. Limitation on use of funds to reduce the total number of members of the Armed Forces serving on active duty who are deployed to South Korea.

Sec. 1253. Implementation of GAO recommendations on preparedness of United States forces to counter North Korean chemical and biological weapons.

Sec. 1254. Public reporting of Chinese military companies operating in the United States.

Sec. 1255. Independent study on the defense industrial base of the People’s Republic of China.

Sec. 1256. Report on China’s One Belt, One Road Initiative in Africa.

Sec. 1257. Sense of Congress on enhancement of the United States-Taiwan defense relationship.

Sec. 1258. Report on supply chain security cooperation with Taiwan.

Sec. 1259. Report on United States-Taiwan medical security partnership.

Subtitle G—Other matters

Sec. 1261. Provision of goods and services to Kwajalein Atoll.

Sec. 1262. Annual briefings on certain foreign military bases of adversaries.

Sec. 1263. Report on progress of the Department of Defense with respect to denying a fait accompli by a strategic competitor against a covered defense partner.

Sec. 1264. Modification to requirements of the initiative to support protection of national security academic researchers from undue influence and other security threats.

Sec. 1265. Report on directed use of fishing fleets.

Sec. 1266. Expanding the state partnership program in Africa.

Sec. 1267. Report relating to reduction in the total number of United States Armed Forces deployed to United States Africa Command area of responsibility.

Sec. 1268. Report on enhancing partnerships between the United States and African countries.

Sec. 1269. Sense of Congress with respect to Qatar.

Sec. 1270. Sense of Congress on United States military support for and participation in the Multinational Force and Observers.

Sec. 1271. Prohibition on support for military participation against the Houthis.

Sec. 1272. Rule of construction relating to use of military force.

Title XIII—Cooperative Threat Reduction

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

Title XIV—Other authorizations

Subtitle A—Military programs

Sec. 1401. Working capital funds.

Sec. 1402. Chemical agents and munitions destruction, defense.

Sec. 1403. Drug interdiction and counter-drug activities, defense-wide.

Sec. 1404. Defense Inspector General.

Sec. 1405. Defense health program.

Sec. 1406. National defense sealift fund.

Subtitle B—Other matters

Sec. 1411. 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.

Sec. 1412. Authorization of appropriations for Armed Forces Retirement Home.

Title XV—Authorization of additional appropriations for overseas contingency operations

Subtitle A—Authorization of appropriations

Sec. 1501. Purpose.

Sec. 1502. Procurement.

Sec. 1503. Research, development, test, and evaluation.

Sec. 1504. Operation and maintenance.

Sec. 1505. Military personnel.

Sec. 1506. Working capital funds.

Sec. 1507. Drug interdiction and counter-drug activities, defense-wide.

Sec. 1508. Defense Inspector General.

Sec. 1509. Defense Health Program.

Subtitle B—Financial matters

Sec. 1511. Treatment as additional authorizations.

Sec. 1512. Special transfer authority.

Subtitle C—Other matters

Sec. 1521. Afghanistan security forces fund.

Title XVI—Strategic Programs, Cyber, and Intelligence Matters

Subtitle A—Space Activities

Sec. 1601. National Security Space Launch program.

Sec. 1602. Requirement to buy certain satellite component from national technology and industrial base.

Sec. 1603. Commercial space domain awareness capabilities.

Sec. 1604. Responsive satellite infrastructure.

Sec. 1605. Policy to ensure launch of small-class payloads.

Sec. 1606. Tactically responsive space launch operations.

Sec. 1607. Limitation on availability of funds for prototype program for multi-global navigation satellite system receiver development.

Sec. 1608. Limitation on awarding contracts to entities operating commercial terrestrial communication networks that cause interference with the Global Positioning System.

Sec. 1609. Prohibition on availability of funds for certain purposes relating to the Global Positioning System.

Sec. 1610. Report on resilient protected communications satellites.

Subtitle B—Defense Intelligence and Intelligence-Related Activities

Sec. 1611. Validation of capability requirements of National Geospatial-Intelligence Agency.

Sec. 1612. Safety of navigation mission of the National Geospatial-Intelligence Agency.

Sec. 1613. National Academies Climate Security Roundtable.

Sec. 1614. Report on risk to national security posed by quantum computing technologies.

Subtitle C—Cyberspace-Related Matters

Sec. 1621. Cyber mission forces and cyberspace operations forces.

Sec. 1622. Cyberspace solarium commission.

Sec. 1623. Tailored cyberspace operations organizations.

Sec. 1624. Responsibility for the Sector Risk Management Agency function of the Department of Defense.

Sec. 1625. Department of Defense Cyber Workforce Efforts.

Sec. 1626. Reporting requirements for cross domain compromises and exemptions to policies for information technology.

Sec. 1627. Assessing private-public collaboration in cybersecurity.

Sec. 1628. Cyber capabilities and interoperability of the National Guard.

Sec. 1629. Evaluation of non-traditional cyber support to the Department of Defense.

Sec. 1630. Establishment of integrated cyber center.

Sec. 1631. Cyber threat information collaboration environment.

Sec. 1632. Defense industrial base participation in a threat intelligence sharing program.

Sec. 1633. Assistance for small manufacturers in the defense industrial supply chain on matters relating to cybersecurity.

Sec. 1634. Defense industrial base cybersecurity threat hunting and sensing, discovery, and mitigation.

Sec. 1635. Defense Digital Service.

Sec. 1636. Limitation of funding for National Defense University.

Subtitle D—Nuclear forces

Sec. 1641. Coordination in transfer of funds by Department of Defense to National Nuclear Security Administration.

Sec. 1642. Exercises of nuclear command, control, and communications system.

Sec. 1643. Independent studies on nuclear weapons programs of certain foreign states.

Subtitle E—Missile Defense Programs

Sec. 1651. Extension and modification of requirement for Comptroller General of the United States review and assessment of missile defense acquisition programs.

Sec. 1652. Extension of transition of ballistic missile defense programs to military departments.

Sec. 1653. Development of hypersonic and ballistic missile tracking space sensor payload.

Sec. 1654. Annual certification on hypersonic and ballistic missile tracking space sensor payload.

Sec. 1655. Alignment of the Missile Defense Agency within the Department of Defense.

Sec. 1656. Analysis of alternatives for homeland missile defense missions.

Sec. 1657. Next generation interceptors.

Sec. 1658. Oversight of next generation interceptor program.

Sec. 1659. Missile defense cooperation between the United States and Israel.

Sec. 1660. Report on defense of Guam from integrated air and missile threats.

Sec. 1661. Report on cruise missile defense.

Subtitle F—Other Matters

Sec. 1671. Conventional prompt global strike.

Sec. 1672. Submission of reports under Missile Defense Review and Nuclear Posture Review.

Sec. 1673. Report on consideration of risks of inadvertent escalation to nuclear war.

Title XVII—Reports and Other Matters

Subtitle A—Studies and Reports

Sec. 1701. Review of support of special operations to combat terrorism.

Sec. 1702. FFRDC study of explosive ordnance disposal agencies.

Sec. 1703. Report on the Human Rights Office at United States Southern Command.

Sec. 1704. Report on joint training range exercises for the Pacific region.

Sec. 1705. Study on Chinese policies and influence in the development of international standards for emerging technologies.

Subtitle B—Electronic Message Preservation

Sec. 1711. Short title.

Sec. 1712. Preservation of electronic messages and other records.

Sec. 1713. Presidential records.

Subtitle C—Space Technology Advancement Report (STAR) Act of 2020

Sec. 1721. Short title.

Sec. 1722. Findings.

Sec. 1723. Report; strategy.

Subtitle D—AMBER Alert Nationwide

Sec. 1731. Cooperation with Department of Homeland Security.

Sec. 1732. AMBER Alerts along major transportation routes.

Sec. 1733. AMBER Alert communication plans in the territories.

Sec. 1734. Government Accountability Office report.

Subtitle E—Other Matters

Sec. 1741. Technical, conforming, and clerical amendments.

Sec. 1742. Addition of Chief of the National Guard Bureau to the list of officers providing reports of unfunded priorities.

Sec. 1743. Acceptance of property by military academies and museums.

Sec. 1744. Reauthorization of National Oceanographic Partnership Program.

Sec. 1745. Requirements relating to program and project management.

Sec. 1746. Quarterly briefings on Joint All Domain Command and Control concept.

Sec. 1747. Resources to implement a Department of Defense policy on civilian casualties in connection with United States military operations.

Sec. 1748. Sense of Congress regarding reporting of civilian casualties resulting from United States military operations.

Sec. 1749. Prohibition of public display of Confederate battle flag on Department of Defense property.

Sec. 1750. Deployment of real-time status of special use airspace.

Sec. 1751. Duties of Secretary under Uniformed and Overseas Citizens Absentee Voting Act.

Sec. 1752. Publicly available database of casualties of members of the Armed Forces.

Sec. 1753. Notice and comment for proposed actions of the Secretary of Defense relating to food and beverage ingredients.

Sec. 1754. Space strategies and assessment.

Sec. 1755. Nonimmigrant status for certain nationals of Portugal.

Sec. 1756. Sense of Congress on extension of limitations on importation of uranium from Russian Federation.

Sec. 1757. Authority to establish a movement coordination center pacific in the Indopacific region.

Sec. 1758. Establishment of vetting procedures and monitoring requirements for certain military training.

Sec. 1759. Women, Peace, and Security Act implementation.

Sec. 1760. Developing crisis capabilities to meet needs for homeland security-critical supplies.

Sec. 1761. Establishment of western emergency refined petroleum products reserve.

Division B—Military Construction Authorizations

Sec. 2001. Short title.

Sec. 2002. Expiration of authorizations and amounts required to be specified by law.

Sec. 2003. Effective date.

Title XXI—Army Military Construction

Sec. 2101. Authorized Army construction and land acquisition projects.

Sec. 2102. Family housing.

Sec. 2103. Authorization of appropriations, Army.

Sec. 2104. Limitation on military construction project at Kwajalein Atoll.

Sec. 2105. Modification of authority to carry out certain fiscal year 2017 project.

Title XXII—Navy Military Construction

Sec. 2201. Authorized Navy construction and land acquisition projects.

Sec. 2202. Family housing and improvements to military family housing units.

Sec. 2203. Authorization of appropriations, Navy.

Title XXIII—Air Force Military Construction

Sec. 2301. Authorized Air Force construction and land acquisition projects.

Sec. 2302. Family housing and improvements to military family housing units.

Sec. 2303. Authorization of appropriations, Air Force.

Sec. 2304. Modification of authority to carry out certain fiscal year 2018 project.

Sec. 2305. Modification of authority to carry out certain fiscal year 2019 projects.

Sec. 2306. Modification of authority to carry out certain fiscal year 2020 projects.

Sec. 2307. Technical corrections related to authority to carry out certain fiscal year 2020 family housing projects.

Title XXIV—Defense Agencies Military Construction

Sec. 2401. Authorized Defense Agencies construction and land acquisition projects.

Sec. 2402. Authorized Energy Resilience and Conservation Investment Program projects.

Sec. 2403. Authorization of appropriations, Defense Agencies.

Sec. 2404. Military construction infrastructure and weapon system synchronization for Ground Based Strategic Deterrent.

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.

Subtitle B—Host Country In-Kind Contributions

Sec. 2511. Republic of Korea funded construction projects.

Sec. 2512. State of 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 certain fiscal year 2020 project.

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.

Title XXVIII—Military Construction General Provisions

Subtitle A—Military Construction Program Changes

Sec. 2801. Modification and clarification of construction authority in the event of a declaration of war or national emergency.

Sec. 2802. Extension of sunset for annual locality adjustment of dollar thresholds applicable to unspecified minor military construction authorities.

Sec. 2803. Modification of reporting requirement regarding cost increases associated with certain military construction projects and military family housing projects.

Sec. 2804. Expansion of Department of Defense land exchange authority.

Sec. 2805. Congressional project authorization required for military construction projects for energy resilience, energy security, and energy conservation.

Sec. 2806. One-year extension of temporary, limited authority to use operation and maintenance funds for construction projects in certain areas outside the United States.

Sec. 2807. Pilot Program to support combatant command military construction priorities.

Sec. 2808. Biannual report regarding military installations supported by disaster relief appropriations.

Subtitle B—Military Family Housing Reforms

Sec. 2811. Expenditure priorities in using Department of Defense Family Housing Improvement Fund.

Sec. 2812. Promulgation of guidance to facilitate return of military families displaced from privatized military housing.

Sec. 2813. Promulgation of guidance on mold mitigation in privatized military housing.

Sec. 2814. Expansion of uniform code of basic standards for privatized military housing and hazard and habitability inspection and assessment requirements to Government-owned and Government-controlled military family housing.

Sec. 2815. Establishment of Exceptional Family Member Program housing liaison.

Sec. 2816. Department of Defense report on criteria and metrics used to evaluate performance of landlords of privatized military housing that receive incentive fees.

Sec. 2817. Report on Department of Defense efforts regarding oversight and role in management of privatized military housing.

Subtitle C—Real Property and Facilities Administration

Sec. 2821. Codification of reporting requirements regarding United States overseas military enduring locations and contingency locations.

Sec. 2822. Limitations on renewal of utility privatization contracts.

Sec. 2823. Vesting exercise of discretion with Service Secretaries regarding entering into longer-term contracts for utility services.

Sec. 2824. Use of on-site energy production to promote military installation energy resilience and energy security.

Sec. 2825. Availability of Energy Resilience and Conservation Investment Program funds for certain activities related to privatized utility systems.

Sec. 2826. Improving water management and security on military installations.

Sec. 2827. Pilot program to test use of emergency diesel generators in a microgrid configuration at certain military installations.

Sec. 2828. Improved electrical metering of Department of Defense infrastructure supporting critical missions.

Sec. 2829. Renaming certain military installations and other defense property.

Subtitle D—Land Conveyances

Sec. 2831. Land conveyance, Camp Navajo, Arizona.

Sec. 2832. Modification of land exchange involving Naval Industrial Reserve Ordnance Plant, Sunnyvale, California.

Sec. 2833. Land conveyance, Sharpe Army Depot, lathrop, California.

Sec. 2834. Land exchange, San Bernardino County, California.

Sec. 2835. Land conveyance, Over-the-Horizon Backscatter Radar System receiving station, Modoc County, California.

Sec. 2836. Transfer of administrative jurisdiction, Naval Support Activity Panama City, Florida, parcel.

Subtitle E—Military Land Withdrawals

Sec. 2841. Renewal of land withdrawal and reservation to benefit Naval Air Facility, El Centro, California.

Sec. 2842. Renewal of Fallon Range Training Complex land withdrawal and reservation.

Sec. 2843. Renewal of Nevada Test and Training Range land withdrawal and reservation.

Sec. 2844. Co-management, new memorandum of understanding, and additional requirements regarding Nevada Test and Training Range.

Sec. 2845. Specified duration of White Sands Missile Range land withdrawal and reservation and establishment of special reservation area for northern and western extension areas.

Subtitle F—Asia-Pacific and Indo-Pacific Issues

Sec. 2851. Change to biennial reporting requirement for Interagency Coordination Group of Inspectors General for Guam Realignment.

Sec. 2852. Additional exception to restriction on development of public infrastructure in connection with realignment of Marine Corps forces in Asia-Pacific region.

Sec. 2853. Development of master plan for infrastructure to support rotational Armed Forces in Australia.

Sec. 2854. Study and strategy regarding bulk fuels management in United States Indo-Pacific Command Area of Responsibility.

Subtitle G—Other Matters

Sec. 2861. Defense Community Infrastructure Program.

Sec. 2862. Pilot program on reduction of effects of military aviation noise on certain covered property.

Sec. 2863. Department of Defense policy for regulation of dangerous dogs in military communities.

Title XXIX—Overseas Contingency Operations Military Construction

Sec. 2901. Authorized Navy construction and land acquisition projects.

Sec. 2902. Authorized Air Force construction and land acquisition projects.

Sec. 2903. Authorization of appropriations.

Division C—DEPARTMENT OF ENERGY NATIONAL SECURITY AUTHORIZATIONS AND OTHER AUTHORIZATIONS

Title XXXI—DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS

Subtitle A—National Security Programs and Authorizations

Sec. 3101. National Nuclear Security Administration.

Sec. 3102. Defense environmental cleanup.

Sec. 3103. Other defense activities.

Sec. 3104. Nuclear energy.

Subtitle B—Program Authorizations, Restrictions, Limitations, and Other Matters

Sec. 3111. Nuclear warhead acquisition processes.

Sec. 3112. Uncosted and unobligated amounts of National Nuclear Security Administration.

Sec. 3113. Extension of limitation relating to reclassification of high-level waste.

Sec. 3114. Extension of pilot program on unavailability for overhead costs of amounts specified for laboratory-directed research and development.

Sec. 3115. Plutonium pit production.

Sec. 3116. Program for research and development of advanced naval nuclear fuel system based on low-enriched uranium.

Sec. 3117. Independent study on effects of use of nuclear weapons.

Sec. 3118. Reports on diversity of certain contractor employees of National Nuclear Security Administration.

Sec. 3119. Findings, purpose, and apology relating to fallout emitted during the Government's atmospheric nuclear tests.

Sec. 3120. Sense of Congress regarding uranium mining and nuclear testing.

Title XXXII—Defense Nuclear Facilities Safety Board

Sec. 3201. Authorization.

Title XXXIV—Naval Petroleum Reserves

Sec. 3401. Authorization of appropriations.

Title XXXV—Maritime Matters

Subtitle A—Maritime Administration

Sec. 3501. Authorization of the Maritime Administration.

Sec. 3502. Sense of Congress regarding role of domestic maritime industry in national security.

Sec. 3503. Nonapplicability of requirement relating to minimum number of operating days for vessels operating under MSP Operating Agreements.

Sec. 3504. Improvements to process for waiving navigation and vessel-inspection laws.

Subtitle B—Tanker Security Fleet

Sec. 3511. Tanker Security Fleet.

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.

Division E—National Artificial Intelligence Initiative Act of 2020

Sec. 5001. Short title.

Sec. 5002. Findings.

Sec. 5003. Definitions.

Title I—National Artificial Intelligence Initiative

Sec. 5101. National Artificial Intelligence Initiative.

Sec. 5102. National Artificial Intelligence Initiative Office.

Sec. 5103. Coordination by Interagency Committee.

Sec. 5104. National Artificial Intelligence Advisory Committee.

Sec. 5105. National Academies artificial intelligence impact study on workforce.

Sec. 5106. GAO report on computational needs.

Sec. 5107. National AI Research Resource Task Force.

Sec. 5108. Sense of Congress.

Title II—National Artificial Intelligence Research Institutes

Sec. 5201. National Artificial Intelligence Research Institutes.

Title III—National Institute of Standards and Technology Artificial Intelligence Activities

Sec. 5301. National Institute of Standards and Technology activities.

Title IV—National Science Foundation Artificial Intelligence Activities

Sec. 5401. Artificial intelligence research and education.

Title V—Department of Energy Artificial Intelligence Research Program

Sec. 5501. Department of Energy Artificial Intelligence Research Program.

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.

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

Navy Programs

111.

Independent cost estimate of FFG(X) frigate program

In accordance with section 2334(b) of title 10, United States Code, the Secretary of Defense shall ensure that an independent cost estimate of the full life-cycle cost of the FFG(X) frigate program of the Navy has been completed before the conclusion of milestone B of such program.

C

Air Force Programs

121.

Modification of force structure objectives for B–1 bomber aircraft

(a)

Modification of minimum inventory requirement

Section 9062(h)(2) of title 10, United States Code, is amended by striking 36 and inserting 24.

(b)

Temporary authority to retire aircraft

(1)

In general

Notwithstanding section 9062(h)(1) of title 10, United States Code, the Secretary of the Air Force may retire up to seventeen B–1 aircraft.

(2)

Termination of authority

The authority of the Secretary of the Air Force to retire aircraft under paragraph (1) shall terminate on January 1, 2023.

(c)

Preservation of certain aircraft and maintenance personnel

Until the date on which the Secretary of the Air Force determines that the B–21 aircraft has attained initial operating capability, the Secretary—

(1)

shall preserve each B–1 aircraft that is retired under subsection (b), in a manner that ensures the components and parts of such aircraft are maintained in reclaimable condition that is consistent with type 2000 recallable storage, or better; and

(2)

may not reduce the number of billets assigned to maintenance of B–1 aircraft in effect on January 1, 2020.

122.

Extension of limitation on availability of funds for retirement of RC–135 aircraft

Section 148(a) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1243) is amended by striking for fiscal year 2020 and inserting for any of fiscal years 2020 through 2025.

123.

Modification of limitation on availability of funds for retirement of E–8 JSTARS aircraft

Section 147(a) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1669) is amended by striking certifies to the congressional defense committees that Increment 2 of the Advanced Battle-Management System of the Air Force has declared initial operational capability as defined in the Capability Development Document for the System and inserting

certifies to the congressional defense committees that—

(1)

the Secretary has identified a replacement capability and capacity for the current fleet of 16 E–8 Joint Surveillance Target Attack Radar System aircraft to meet global combatant command requirements; and

(2)

such replacement delivers capabilities that are comparable or superior to the capabilities delivered by such aircraft.

.

124.

Limitation on availability of funds for the Advanced Battle Management System pending certification relating to RQ–4 aircraft

(a)

Limitation

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Department of the Air Force for the Advanced Battle Management System, not more than 50 percent may be obligated or expended until—

(1)

the Secretary of the Air Force certifies, in writing, to the Committees on Armed Services of the Senate and the House of Representatives that the Secretary will not retire, or prepare to retire, any RQ–4 aircraft during fiscal year 2021;

(2)
(A)

the Under Secretary of Defense for Acquisition and Sustainment certifies, in writing, to such Committees that, with respect to the RQ–4 aircraft, the validated operating and sustainment costs of any capability developed to replace the RQ–4 aircraft are less than the validated operating and sustainment costs for the RQ–4 aircraft on a comparable flight-hour cost basis; and

(B)

the Chairman of the Joint Requirements Oversight Council certifies, in writing, to such Committees that any such capability to be fielded at the same time or before the retirement of the RQ–4 aircraft 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; or

(3)

the Secretary of Defense—

(A)

certifies, in writing, to such Committees that the Secretary has determined, after analyzing sufficient and relevant data, that a capability superior to the RQ–4 aircraft is worth increased operating and sustainment costs; and

(B)

provides to such Committees analysis supporting such determination.

(b)

Consultation requirement

Before issuing a certification under subsection (a), the official responsible for issuing such certification shall consult with the combatant commanders on the matters covered by the certification.

(c)

Advanced Battle Management System defined

In this section, the term Advanced Battle Management System has the meaning given that term in section 236(c) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1281).

125.

Inventory requirements for certain air refueling tanker aircraft

(a)

Minimum inventory requirements for KC–10A aircraft

(1)

Fiscal year 2021

During the period beginning on the date of the enactment of this Act and ending on October 1, 2021, the Secretary of the Air Force shall maintain a minimum of 50 KC–10A aircraft designated as primary mission aircraft inventory.

(2)

Fiscal year 2022

During the period beginning on October 1, 2021, and ending on October 1, 2022, the Secretary of the Air Force shall maintain a minimum of 38 KC–10A aircraft designated as primary mission aircraft inventory.

(3)

Fiscal year 2023

During the period beginning on October 1, 2022, and ending on October 1, 2023, the Secretary of the Air Force shall maintain a minimum of 26 KC–10A aircraft designated as primary mission aircraft inventory.

(b)

Prohibition on retirement of KC–135 aircraft

(1)

Prohibition

Except as provided in paragraph (2), during the period beginning on the date of the enactment of this Act and ending on October 1, 2023, the Secretary of the Air Force may not retire, or prepare to retire, any KC–135 aircraft.

(2)

Exception

The prohibition in paragraph (1) shall not apply to individual KC–135 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.

(c)

KC–135 aircraft fleet management

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Air Force may be obligated or expended to reduce the number of KC–135 aircraft designated as primary mission aircraft inventory.

(d)

Primary mission aircraft inventory defined

In this section, the term primary mission aircraft inventory has the meaning given that term in section 9062(i)(2)(B) of title 10, United States Code.

126.

Limitation on production of KC–46A aircraft

(a)

Limitation

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Air Force may be used to approve the full-rate production of KC–46A aircraft or enter into a contract for the production of more than twelve KC–46A aircraft until the date on which the Secretary of the Air Force certifies to the congressional defense committees that all category-one deficiencies in the systems of the aircraft have been corrected, including the deficiencies affecting the aircraft’s remote visioning system, telescoping actuator in the boom system, and primary fuel containment system.

(b)

Report

Not later than February 1, 2021, the Secretary of the Air Force shall submit to the congressional defense committees a report on the KC–46A aircraft. The report shall include—

(1)

a schedule for the correction of each category-one deficiency described in subsection (a);

(2)

a plan to engage an independent test organization to verify the effectiveness of any proposed solutions to such category-one deficiencies; and

(3)

an acquisition strategy for the aircraft that—

(A)

identifies principal acquisition milestones; and

(B)

will ensure that there is sufficient competition for the procurement of a nondevelopmental tanker aircraft at the conclusion of the KC–46A production contract in effect as of the date of the enactment of this Act.

(c)

Category-one deficiency defined

The term category-one deficiency means a deficiency that may cause—

(1)

death or severe injury to personnel; or

(2)

major loss or damage to critical aircraft capabilities.

127.

Assessment and certification relating to OC–135 aircraft

(a)

Limitation

Except as provided in subsection (b), none of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Air Force may be obligated or expended to retire, divest, realign, or place in storage or on backup aircraft inventory status, or prepare to retire, divest, realign, or place in storage or backup inventory status, any OC–135 aircraft until a period of 90 days has elapsed following the date on which the Secretary of the Air Force submits to the congressional defense committees—

(1)

the report required under subsection (c); and

(2)

the certification required under subsection (d).

(b)

Exception

The limitation in subsection (a) shall not apply to—

(1)

individual OC–135 aircraft that the Secretary of the Air Force determines, on a case-by-case basis, to be no longer mission capable because of mishaps or other damage; or

(2)

funds obligated or expended—

(A)

for the preparation of the report required under subsection (c); or

(B)

for the Air Force to assess options to repurpose the OC–135 aircraft to support other mission requirements.

(c)

Report required

Not later than 180 days after the date of the enactment of this Act, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes the following:

(1)

Identification of any unclassified aerial imagery requirements that the Air Force or Air National Guard can meet using the OC–135 aircraft, a version of the aircraft that is expected to replace the OC–135, or similar aerial imagery collection and processing capabilities.

(2)

An assessment of the extent to which it is more appropriate for the Air Force or the Air National Guard to fulfill such requirements.

(3)

A comparison of the costs and effectiveness of alternative means of meeting unclassified aerial imagery requirements.

(4)

An assessment of the utility and cost differential of performing international treaty monitoring missions such as Olive Harvest with the OC–135 aircraft, a version of the aircraft that is expected to replace the OC–135, or similar aerial imagery collection and processing capabilities.

(d)

Certification required

Together with the report required under subsection (c), the Secretary of the Air Force shall certify to the congressional defense committees—

(1)

whether there are unclassified aerial imagery requirements that the Air Force can meet with the OC–135 aircraft or a version of the aircraft that is expected to replace the OC–135; and

(2)

whether the Secretary has identified methods of meeting such requirements that are more effective and more efficient than meeting such requirements through the use of the OC–135 aircraft or a version of the aircraft that is expected to replace the OC–135.

(e)

Unclassified aerial imagery requirements defined

In this section, the term unclassified aerial imagery requirements means requirements for the Air Force to provide responsive unclassified aerial imagery support to military forces, domestic civil authorities, other departments and agencies of the Federal Government, and foreign partners of the United States, including any requirements to provide unclassified aerial imagery in support of overseas contingency operations, humanitarian assistance and disaster relief missions, defense support to domestic civil authorities, and international treaty monitoring missions.

128.

Modernization plan for airborne intelligence, surveillance, and reconnaissance

(a)

Modernization plan

(1)

In general

The Secretary of the Air Force shall develop a comprehensive plan for the modernization of airborne intelligence, surveillance, and reconnaissance, which shall—

(A)

ensure the alignment between requirements, both current and future, and Air Force budget submissions to meet such requirements; and

(B)

inform the preparation of future defense program and budget requests by the Secretary, and the consideration of such requests by Congress.

(2)

Elements

The plan required by paragraph (1) shall include the following:

(A)

An assessment of all airborne intelligence, surveillance, and reconnaissance missions, both current missions and those missions necessary to support the national defense strategy.

(B)

An analysis of platforms, capabilities, and capacities necessary to fulfill such current and future missions.

(C)

The anticipated life-cycle budget associated with each platform, capability, and capacity requirement for both current and future requirements.

(D)

An analysis showing operational, budget, and schedule trade-offs between sustainment of currently fielded capabilities, modernization of currently fielded capabilities, and development and production of new capabilities.

(b)

Report to Congress

(1)

In general

Not later than March 30, 2021, the Secretary of the Air Force shall submit to the congressional defense committees a report that includes—

(A)

the comprehensive modernization plan required by subsection (a); and

(B)

a strategy for carrying out such plan through fiscal year 2030.

(2)

Form

The report required under paragraph (1) shall be submitted in unclassified form but may include a classified annex.

129.

Minimum bomber aircraft force level

(a)

In general

Not later than February 1, 2021, the Secretary of the Air Force shall submit to the congressional defense committees a report with recommendations for the bomber aircraft force structure that enables the Air Force to meet the requirements of its long-range strike mission under the National Defense Strategy.

(b)

Elements

The report required under subsection (a) shall include each of the following elements:

(1)

The bomber force structure necessary to meet the requirements of the Air Force’s long-range strike mission under the National Defense Strategy, including—

(A)

the total minimum number of bomber aircraft; and

(B)

the minimum number of primary mission aircraft.

(2)

The penetrating bomber force structure necessary to meet the requirements of the Air Force’s long-range strike mission in contested or denied environments under the National Defense Strategy, to include—

(A)

the total minimum number of penetrating bomber aircraft; and

(B)

the minimum number of primary mission penetrating bomber aircraft.

(3)

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

(c)

Form

The report submitted under subsection (a) shall be submitted in unclassified form, but may include a classified annex.

(d)

Publication

The Secretary shall make available to the public the unclassified form of the report submitted under subsection (a).

(e)

Bomber aircraft

In this section, the term bomber aircraft includes penetrating bombers in addition to B–52H aircraft.

D

Defense-wide, Joint, and Multiservice Matters

131.

Documentation relating to the F–35 aircraft program

(a)

Limitation

The Secretary of Defense may not grant Milestone C approval for the F–35 aircraft program pursuant to section 2366c of title 10, United States Code, or enter into a contract for the full-rate production of F–35 aircraft, until a period of 30 days has elapsed following the date on which the Secretary has submitted to the congressional defense committees all of the documentation required under subsection (b).

(b)

Documentation required

The Secretary of Defense shall submit to the congressional defense committees the following documentation with respect to the F–35 aircraft program:

(1)

A certification from the Under Secretary of Defense for Acquisition and Sustainment that all alternative supply contractors for parts, required for the airframe and propulsion prime contractors of the F–35 program as a result of the removal of the Republic of Turkey from the program—

(A)

have been identified and all related undefinitized contract actions have been definitized (as described in section 7401 of part 217 of the Defense Federal Acquisition Regulation Supplement);

(B)

the parts produced by each such contractor have been qualified and certified as meeting applicable technical design and use specifications; and

(C)

each such contractor has reached the required rate of production to meet supply requirements for parts under the F–35 aircraft program.

(2)

A cost analysis, prepared by the joint program office for the F–35 aircraft program, that assesses and defines —

(A)

how the full integration of Block 4 and Technical Refresh 3 capabilities for each lot of Block 4 production aircraft beginning after lot 14 will affect the average procurement unit cost of United States variants of the F–35A, F–35B, and F–35C aircraft; and

(B)

how the establishment of alternate sources of production and sustainment supply and repair parts due to the removal of the Republic of Turkey from the F–35 program will affect such unit cost.

(3)

All reports required under section 167 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1250).

(4)

An independent cost estimate, prepared by Director of Cost Assessment and Program Evaluation, that defines, for each phase of the F–35 aircraft program, the cost to develop, procure, integrate, and retrofit F–35 aircraft with all Block 4 capability requirements that are specified in the most recent Block 4 capabilities development document.

(5)

A plan to correct or mitigate any deficiency in the aircraft, identified as of the date of enactment of this Act—

(A)

that may cause death, severe injury or occupational illness, or major loss or damage to equipment or a system, and for which there is no identified workaround (commonly known as a category 1A deficiency); or

(B)

that critically restricts combat readiness capabilities or results in the inability to attain adequate performance to accomplish mission requirements (commonly known as a category 1B deficiency).

(6)

A software and hardware capability, upgrade, and aircraft modification plan that defines the cost and schedule for retrofitting F–35 aircraft that currently have Technical Refresh 2 capabilities installed to ensure compatibility with Block 4 and Technical Refresh 3 aircraft capabilities.

(7)

The following reports for the F–35 aircraft program, as prepared by the Director of Operational Test and Evaluation:

(A)

A report on the results of the realistic survivability testing of the aircraft, as described in section 2366(d) of title 10, United States Code.

(B)

A report on the results of the initial operational test and evaluation conducted for program, as described in section 2399(b)(2) of such title.

(8)

A mitigation strategy and implementation plan to address each critical deficiency in the F–35 autonomic logistics information system that has been identified as of the date of enactment of this Act.

(9)

A certification that the F–35A meets the required mission reliability performance using an average sortie duration of 2 and one-half hours.

(10)

A certification that the Secretary has developed and validated a fully integrated and realistic schedule for the development, production and integration of Block 4 Technical Refresh 3 capabilities, that includes a strategy for resolving all software technical debt that has accumulated within the F–35 operational flight program source code during development, production, and integration of Technical Refresh 1 and Technical Refresh 2 capabilities.

(11)
(A)

A complete list of hardware modifications that will be required to integrate Block 4 capabilities into lot 16 and lot 17 production aircraft.

(B)

An estimate of the costs of any engineering changes required as a result of such modifications.

(C)

A comparison of those engineering changes and costs with the engineering changes and costs for lot 15 production aircraft.

132.

Notification on software regression testing for F–35 aircraft

(a)

Notification required

The Under Secretary of Defense for Acquisition and Sustainment, in consultation with the Director of Operational Test and Evaluation, shall notify the congressional defense committees, in writing, not later than 30 days after the date on which mission systems production software for the F–35 aircraft is released to units operating such aircraft under the F–35 continuous capability development and delivery program.

(b)

Elements

The notification required under subsection (a) shall include, with respect to the mission systems production software for the F–35 aircraft, the following:

(1)

An explanation of the types and methods of regression testing that were completed for the production release of the software to ensure compatibility and proper functionality with—

(A)

the fire control radar system of each variant of the F–35 aircraft; and

(B)

all weapons certified for carriage and employment on each variant of the F–35 aircraft.

(2)

Identification of any entities that conducted regression testing of the software, including any development facilities of the Federal Government or contractors that conducted such testing.

(3)

A list of deficiencies identified during regression testing of the software or by operational units after fielding of the software, and an explanation of—

(A)

any software modifications, including quick-reaction capability, that were completed to resolve or mitigate the deficiencies;

(B)

with respect to any deficiencies that were not resolved or mitigated, whether the deficiencies will be corrected in later releases of the software; and

(C)

any effects resulting from such deficiencies, including—

(i)

any effects on the cost and schedule for delivery of the software; and

(ii)

in cases in which the deficiencies resulted in additional, unplanned, software releases, any effects on the ongoing testing of software capability releases.

133.

Notification on efforts to replace inoperable ejection seat aircraft locator beacons

(a)

Notification

Not later than 180 days after the date of the enactment of this Act and on a semi-annual basis thereafter until the date specified in subsection (b), the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a written notification that describes, with respect to the period covered by the notification—

(1)

the efforts of the service acquisition executives of the Department of the Air Force and the Department of the Navy to replace ejection seat aircraft locator beacons that are—

(A)

installed on covered aircraft; and

(B)

inoperable in water or in wet conditions; and

(2)

the funding allocated for such efforts.

(b)

Date specified

The date specified in this subsection is the earlier of—

(1)

the date on which the Under Secretary of Defense for Acquisition and Sustainment determines that all ejection seat aircraft locator beacons installed on covered aircraft are operable in water and wet conditions; or

(2)

the date that is five years after the date of the enactment of this Act.

(c)

Definitions

In this section:

(1)

The term covered aircraft means aircraft of the Air Force, the Navy, and the Marine Corps that are equipped with ejection seats.

(2)

The term service acquisition executive of the Department of the Air Force does not include the Service Acquisition Executive of the Department of the Air Force for Space Systems and Programs described in section 957 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 9016 note).

134.

Limitation on use of funds for the Armed Overwatch Program

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for procurement for the Armed Overwatch Program of the United States Special Operations Command may be obligated or expended until the date on which—

(1)

the Secretary of Defense certifies to the congressional defense committees that—

(A)

the Secretary has completed a requirements review of the Armed Overwatch Program; and

(B)

the Secretary has conducted a review of the roles and responsibilities of the United States Air Force and the United States Special Operations Command with respect to close air support and armed intelligence, surveillance, and reconnaissance and, as a result of such review, the Secretary has identified the Armed Overwatch Program as a special operations forces-peculiar requirement; and

(2)

the Commander of United States Special Operations Command submits to the congressional defense committees—

(A)

certification that the Commander or Deputy Commander has approved the documentation of the Special Operations Command Requirements Evaluation Board; and

(B)

a requirements plan for the Armed Overwatch program that includes—

(i)

an analysis of alternatives;

(ii)

a procurement plan over the period covered by the most recent future-years defense program submitted under section 221 of title 10, United States Code;

(iii)

a sustainment plan with projected costs;

(iv)

a phase out plan of existing armed intelligence, surveillance, and reconnaissance platforms;

(v)

a manpower and training analysis, and;

(vi)

doctrinal considerations for employment; and

(C)

a roadmap analyzing whether the near-term to mid-term multi-mission responsibilities of the Armed Overwatch Program are consistent with the intelligence, surveillance, and reconnaissance requirements of the various special operations forces units and missions, and the geographic combatant commands.

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.

Modification of Science, Mathematics, and Research for Transformation (SMART) Defense Education Program

(a)

Pilot subprogram

Section 2192a of title 10, United States Code, is amended—

(1)

by redesignating subsections (b) through (h) as subsections (c) through (i);

(2)

by inserting after subsection (a) the following new subsection:

(b)

Requirement for Pilot subprogram

(1)

In general

As a subprogram of the program under subsection (a), the Secretary of Defense shall carry out a pilot program to be known as the National Security Pipeline Pilot Program (referred to in this section as the Pilot Program) under which the Secretary shall seek to enter into partnerships with minority institutions to diversify the participants in the program under subsection (a).

(2)

Elements

Under the Pilot Program, the Secretary of Defense shall—

(A)

provide an appropriate amount of financial assistance under subsection (c) to an individual who is pursuing an associate’s degree, undergraduate degree, or advanced degree at a minority institution;

(B)

provide such financial assistance to recipients in conjunction with summer internship opportunities or other meaningful temporary appointments within the Department; and

(C)

periodically evaluate the success of recruiting individuals for scholarships under this subsection and on hiring and retaining those individuals in the public sector workforce.

(3)

Reports

(A)

Initial report

Not later than December 31, 2022, the Secretary of Defense shall submit to the congressional defense committees a report on the establishment of the Pilot Program. At a minimum, the report shall identify the number of students participating in the pilot program as of the date of the report, the fields of study pursued by such students, and the minority institutions at which such students are enrolled.

(B)

Final report

Not later than September 30, 2024, the Secretary of Defense shall submit to the congressional defense committees a report that evaluates the success of the pilot program in recruiting individuals for scholarships under this section and hiring and retaining those individuals in the public sector workforce.

(4)

Termination

The Pilot Program shall terminate on December 31, 2026.

;

(3)

in subsection (c)(1), as so redesignated—

(A)

in subparagraph (A), by striking subsection (g) and inserting subsection (h); and

(B)

in subparagraph (C), by striking subsection (c) and inserting subsection (d);

(4)

in subsection (d), as so redesignated—

(A)

by redesignating paragraph (3) as paragraph (4); and

(B)

by inserting after paragraph (2) the following new paragraph:

(3)

Pursuant to regulations prescribed by the Secretary of Defense for such purpose, a scholarship recipient who is not serving in the Armed Forces at the time the scholarship is received may fulfill the condition described in paragraph (1) by serving on active duty in the Armed Forces.

; and

(5)

by amending subsection (i), as so redesignated, to read as follows:

(i)

Definitions

In this section:

(1)

The term institution of higher education has the meaning given such term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(2)

The term minority institution means an institution of higher education at which not less than 50 percent of the total student enrollment consists of students from ethnic groups that are underrepresented in the fields of science and engineering.

.

(b)

Additional modifications

Section 2192a of title 10, United States Code, as amended by subsection (a), is further amended—

(1)

in subsection (d), by adding at the end the following new paragraph:

(5)

In employing participants during the period of obligated service, the Secretary shall ensure that participants are compensated at a rate that is comparable to the rate of compensation for employment in a similar position in the private sector.

.

(2)

by redesignating subsections (e) through (i) as subsections (f) through (j), respectively;

(3)

by inserting after subsection (d) the following new subsection:

(e)

Internship requirement

In addition to the period of obligated service required under subsection (d), before completing a degree program for which a scholarship was awarded under this section, each participant shall participate in a paid internship for a period of not less than eight weeks with a defense industry sponsor. The Secretary shall work with each defense industry sponsor to ensure there are sufficient paid internships available for all participants, and that each such defense industry sponsor—

(1)
(A)

may be a potential employer for purpose of the participant’s period of obligated service as described subsection (d)(1)(B)(ii); or

(B)

may offer full time employment for a participant’s last year of obligated service after the participant completes remaining years owed; and

(2)

has agreed to be a defense industry sponsor making a minimum contribution for each participant who receives an internship, which shall be a minimum amount determined by the Secretary, but not less than an amount equal to 50 percent of the cost of an average scholarship under this section.

;

(4)

in subsection (h), as so redesignated—

(A)

by striking The Secretary of Defense shall and inserting

(1)

The Secretary of Defense shall

; and

(B)

by adding at the end the following new paragraph:

(2)
(A)

The Secretary of Defense shall establish or designate an organization within the Department of Defense which shall have primary responsibility for building cohesion and collaboration across the various scholarship and employment programs of the Department.

(B)

The organization described in subparagraph (A) shall have the following duties:

(i)

Establish an interconnected network and database across the scholarship and employment programs of the Department, including, at a minimum the SMART Defense Education Program, the Defense Civilian Training Corps, the National Defense Science and Engineering Graduate Fellowship, the Army AEOP apprenticeship program, and the Consortium Research Fellows Program;

(ii)

aid in matching scholarships to individuals pursuing courses of study in in-demand skill areas; and

(iii)

build a network of program participants, past, present, and future whom DOD departments can draw on to fill skills gaps.

(C)

On an annual basis, the organization described in subparagraph (A) shall publish, on a publicly accessible website of the Department of Defense, an annual report on the workforce requirements and expected future needs of the civilian workforce of the Department of Defense.

;

(5)

by redesignating subsection (j), as so redesignated, as subsection (k);

(6)

by inserting after subsection (i) the following new subsection:

(j)

Special rule

In each year of the program under this section, not less than 20 percent of the applicants who are awarded scholarships shall be individuals pursuing degrees in computer science or a related field of study.

; and

(7)

in subsection (k), as so redesignated, by adding at the end the following new paragraph:

(3)

The term defense industry sponsor means—

(A)

a defense contractor with an active government contract that makes the required minimum contribution described in subsection (e)(2); or

(B)

a company deemed critical to the national security infrastructure that makes such a contribution.

.

212.

Enhanced participation of Department of Defense contractors in science, technology, engineering, and mathematics activities

(a)

In general

(1)

Program required

Chapter 111 of title 10, United States Code, is amended by inserting after section 2192b the following new section:

2192c.

Program to enhance contractor participation in science, technology, engineering, and mathematics activities

(a)

In general

The Secretary of Defense shall carry out a program under which the Secretary shall seek to enter into partnerships with Department of Defense contractors to promote interest in careers in STEM disciplines.

(b)

Objectives

The objectives of the program under subsection (a) are—

(1)

to maximize strategic partnerships between institutions of higher education and private sector organizations to build and strengthen communities involved in STEM disciplines;

(2)

to increase diversity, equity, and inclusion by providing access to career paths in STEM in historically underserved and underrepresented communities; and

(3)

to encourage employers in STEM disciplines to establish work-based learning experiences such as internships and apprenticeships.

(c)

Activities

As part of the program under subsection (a), the Secretary of Defense shall seek to encourage and provide support to Department of Defense contractors to enable such contractors to carry out activities to promote interest in careers in STEM disciplines. Such activities may include—

(1)

aiding in the development of educational programs and curriculum in STEM disciplines for students of elementary schools and secondary schools;

(2)

establishing volunteer programs in elementary schools and secondary schools receiving assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.) to enhance education in STEM disciplines.

(3)

enhancing education in STEM disciplines at institutions of higher education by—

(A)

making personnel available to advise and assist faculty at such institutions in the performance of research and instruction in STEM disciplines that are determined to be critical to the functions of the Department of Defense;

(B)

awarding scholarships and fellowships to students pursuing courses of study in STEM disciplines; or

(C)

establishing cooperative work-education programs in STEM disciplines for students; or

(4)

enhancing education in STEM disciplines at minority institutions by—

(A)

establishing partnerships between offerors and such institutions for the purpose of training students in STEM disciplines;

(B)

conducting recruitment activities at such institutions; or

(C)

making internships or apprenticeships available to students of such institutions.

(d)

Allowability of costs

Activities described in subsection (c) shall be considered as allowable community service activities for the purposes of determining allowability of cost on a government contract.

(h)

Definitions

In this section:

(1)

The terms elementary school and secondary school have the meanings given those terms in section 8101 of the Higher Education Act of 1965 (20 U.S.C. 7801).

(2)

The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(3)

The term minority institution means—

(A)

a part B institution (as that term is defined in section 322(2) of the Higher Education Act of 1965 (20 U.S.C. 1061(2)); or

(B)

any other institution of higher education (as that term is defined in section 101 of such Act (20 U.S.C. 1001)) at which not less than 50 percent of the total student enrollment consists of students from ethnic groups that are underrepresented in the fields of science and engineering.

(4)

The term STEM disciplines means disciplines relating to science, technology, engineering and mathematics, including disciplines that are critical to the national security functions of the Department of Defense and that are needed in the Department of Defense workforce (as determined by the Secretary of Defense under section 2192a(a)).

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2192b the following new item:

2192c. Program to enhance contractor participation in science, technology, engineering, and math activities.

.

(b)

Conforming repeal

Section 862 of the National Defense Authorization Act for Fiscal Year 2012 (Public Law 112–81; 10 U.S.C. note prec. 2191) is repealed.

213.

Modification of requirements relating to certain cooperative research and development agreements

Section 2350a of title 10, United States Code, is amended—

(1)

in subsection (b)(2), by striking and the Under Secretary and inserting or the Under Secretary;

(2)

in subsection (c)—

(A)

by striking Each cooperative and inserting (1) Except as provided in paragraph (2), each cooperative; and

(B)

by adding at the end the following new paragraphs:

(2)

A cooperative research and development project may be entered into under this section under which costs are shared between the participants on an unequal basis if the Secretary of Defense, or an official specified in subsection (b)(2) to whom the Secretary delegates authority under this paragraph, makes a written determination that unequal cost sharing provides strategic value to the United States or another participant in the project.

(3)

For purposes of this subsection, the term cost means the total value of cash and non-cash contributions.

;

(3)

in subsection (d)—

(A)

in paragraph (1), by striking In order to and inserting Except as provided in paragraph (2), in order to;

(B)

by redesignating paragraph (2) as paragraph (3); and

(C)

by inserting after paragraph (1) the following new paragraph:

(2)
(A)

The Secretary of Defense, or an official specified in subsection (b)(2) to whom the Secretary delegates authority under this paragraph, may waive the prohibition under paragraph (1) to allow the procurement of qualified services from a foreign government, foreign research organization, or other foreign entity on a case-by-case basis.

(B)

Not later than 30 days before issuing a waiver under subparagraph (A), the Secretary of Defense or the official specified in subsection (b)(2) to whom the Secretary delegates authority under this paragraph (as the case may be) shall submit to the congressional defense committees, the Committee on Foreign Affairs of the House of Representatives, and the Committee on Foreign Relations of the Senate written notice of the intent to issue such a waiver.

(C)

For purposes of this paragraph, the term qualified services means engineering support services and local management services, including launch support services, test configuration support services, test range support services, and development support services, that are not covered by a memorandum of understanding (or other formal agreement) to conduct a cooperative research and development project under this section.

.

214.

Pilot program on talent optimization

Section 2358b of title 10, United States Code, is amended by adding at the end the following new subsection:

(e)

Pilot program on talent optimization

(1)

In general

The Under Secretary of Defense for Research and Engineering, acting through the Director of the Defense Innovation Unit, shall carry out a pilot program to develop a software-based system that enables active duty military units to identify, access, and request support from members of the reserve components who have the skills and expertise necessary to carry out one or more functions required of such units.

(2)

Elements

In carrying out the pilot program, the Director of the Defense Innovation Unit shall—

(A)

ensure that the system developed under paragraph (1)—

(i)

enables active duty units, in near real-time, to identify members of the reserve components who have the qualifications necessary to meet certain requirements applicable to the units;

(ii)

improves the ability of the military departments to access, on-demand, members of the reserve components who possess relevant experience; and

(iii)

prioritizes access to members of the reserve components who have private-sector experience in the fields identified in section (b);

(iv)

leverages commercial best practices for similar software systems;

(B)

recommend policies and legislation to streamline the use of members of the reserve components by active duty units; and

(C)

carry out such other activities as the Director determines appropriate.

(3)

Termination

The authority to carry out the pilot program under this subsection shall terminate on September 30, 2025.

.

215.

Codification of the National Security Innovation Network

(a)

Codification

(1)

In general

Chapter 139 of title 10, United States Code, is amended by inserting after section 2358b the following new section:

2358c.

National Security Innovation Network

(a)

Establishment

The Secretary of Defense shall establish a program office to be known as the National Security Innovation Network (referred to in this section as the Network). The Secretary shall establish the Network within the Office of the Under Secretary of Defense for Research and Engineering or within the office of another principal staff assistant to the Secretary.

(b)

Responsibilities

The responsibilities of the Network shall be—

(1)

to create a network throughout the United States that connects the Department of Defense to academic institutions, commercial accelerators and incubators, commercial innovation hubs, and nonprofit entities with missions relating to national security innovation;

(2)

to expand the national security innovation base through integrated, project-based problem solving that leads to novel concept and solution development for the Department and facilitates dual-use venture creation;

(3)

to accelerate the adoption of novel concepts and solutions by facilitating dual-use technology advancement to improve acquisition and procurement outcomes;

(4)

to work in coordination with the Under Secretary of Defense for Personnel and Readiness, other principal staff assistants within the Office of the Secretary, and the Armed Forces to create new pathways and models of national security service that facilitate term, temporary, and permanent employment within the Department for—

(A)

students and graduates in the fields of science, technology, arts, engineering, and mathematics;

(B)

early-career and mid-career technologists; and

(C)

entrepreneurs for purposes of project-based work;

(5)

to generate novel concepts and solutions to problems and requirements articulated by entities within the Department through programs, such as the Hacking for Defense program, that combine end users from the Department, students and faculty from academic institutions, and the early-stage dual-use venture community;

(6)

to establish physical locations throughout the United States through which the Network will connect with academic and private sector partners for the purposes of carrying the responsibilities described in paragraphs (1) through (5); and

(7)

to carry out such other activities as the Secretary of Defense, in consultation with the head of the Network, determines to be relevant to such responsibilities.

(c)

Authorities

In addition to the authorities provided under this section, in carrying out this section, the Secretary of Defense may use the following authorities:

(1)

Section 1599g of this title relating to public-private talent exchanges.

(2)

Section 2368 of this title, relating to Centers for Science, Technology, and Engineering Partnerships.

(3)

Section 2374a of this title, relating to prizes for advanced technology achievements.

(3)

Section 2474 of this title, relating to Centers of Industrial and Technical Excellence.

(4)

Section 2521 of this title, relating to the Manufacturing Technology Program.

(5)

Subchapter VI of chapter 33 of title 5, relating to assignments to and from States.

(6)

Chapter 47 of such title, relating to personnel research programs and demonstration projects.

(7)

Section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a) and section 6305 of title 31 relating to cooperative research and development agreements.

(8)

Such other authorities as the Secretary considers appropriate.

(d)

Definitions

In this section:

(1)

The term dual-use venture means a business that provides products or services that are capable of meeting requirements for military and nonmilitary applications.

(2)

The term early-stage dual-use venture means a business that provides products or services that are capable of meeting requirements for military and nonmilitary applications that has raised not more than $20,000,000 in private venture capital, and whose principal product or service does not support, either directly or indirectly, a current Department of Defense program of record.

.

(2)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 2358b the following new item:

2358c. National Security Innovation Network.

.

(b)

Implementation

(1)

Transfers from other DOD elements

The Secretary of Defense may transfer to the National Security Innovation Network established under section 2358c of title 10, United States Code (as added by subsection (a)) such personnel, resources, and functions of other organizations and elements of the Department of Defense as the Secretary considers appropriate to carry out such section.

(2)

Integration with existing NSIN

Effective on the date of the enactment of this Act, the National Security Innovation Network of the Department of Defense (as in existence on the day before such date of enactment) shall be transferred to and merged with the National Security Innovation Network established under section 2358c of title 10, United States Code (as added by subsection (a)).

(3)

Implementation plan

(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 plan for implementing the National Security Innovation Network under section 2358c of title 10, United States Code (as added by subsection (a)).

(B)

Elements

The plan required under paragraph (1) shall include the following:

(i)

Plans for any transfers the Secretary intends to carry out under paragraph (1).

(ii)

Plans for the funding, integration, and evaluation of the Network, including plans for—

(I)

future funding and administrative support of the Network;

(II)

integration of the Network into the programming, planning, budgeting, and execution process of the Department of Defense;

(III)

integration of the Network with the other programs and initiatives within the Department that have missions relating to innovation and outreach to the academic and the private sector early-stage dual-use venture community (as defined in section 2358c of title 10, United States Code (as added by subsection (a)); and

(IV)

performance indicators by which the Network will be assessed and evaluated.

(iii)

A description of any additional authorities the Secretary may require to ensure that the Network is able to effectively carry out the responsibilities specified in section 2358c(c) of title 10, United States Code (as added by subsection (a)).

(c)

Comptroller General reviews and reports

(1)

Review and report on implementation plan

Not later than 180 days after the date on which the implementation plan is submitted under subsection (b)(3), the Comptroller General of the United States shall—

(A)

complete a review of the implementation plan;

(B)

submit to the congressional defense committees a report on the results of the review.

(2)

Program evaluation and report

(A)

In general

Not later than three years after the date of the enactment of this Act, the Comptroller General of the United States shall—

(i)

complete an evaluation of the National Security Innovation Network under section 2358c of title 10, United States Code (as added by subsection (a)); and

(ii)

submit to the appropriate congressional committees a report on the results of the evaluation.

(B)

Appropriate congressional committees defined

In this paragraph, the term appropriate congressional committees means—

(i)

the congressional defense committees;

(ii)

the Committee on Homeland Security and Governmental Affairs of the Senate; and

(iii)

the Committee on Oversight and Government Reform of the House of Representatives.

216.

Modification of pilot program on enhanced civics education

(a)

In general

Section 234 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2164 note) is amended—

(1)

in subsection (e)(1)—

(A)

in subparagraph (H), by striking and at the end; and

(B)

by adding at the end the following new subparagraph:

(J)

the improvement of critical thinking and media literacy among students, including the improvement of students’ abilities with respect to—

(i)

research and information fluency;

(ii)

critical thinking and problem solving skills;

(iii)

technology operations and concepts;

(iv)

information and technological literacy;

(v)

understanding of the importance of obtaining information from multiple media sources and evaluating sources for quality; and

(vi)

understanding how information on digital platforms can be altered through algorithms, editing, and augmented reality; and

; and

(2)

in subsection (g), by adding at the end the following new paragraph:

(3)

The term media literacy means the ability to—

(A)

access relevant and accurate information through media in a variety of forms;

(B)

critically analyze media content and the influences of different forms of media;

(C)

evaluate the comprehensiveness, relevance, credibility, authority, and accuracy of information;

(D)

make educated decisions based on information obtained from media and digital sources;

.

(b)

Deadline for implementation

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall implement the pilot program under section 234 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2164 note), as amended by subsection (a).

(c)

Progress report

Not later than 30 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 efforts of Secretary to implement the pilot program under section 234 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 10 U.S.C. 2164 note), as amended by subsection (a).

217.

Modification of joint artificial intelligence research, development, and transition activities

Section 238 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note) is amended—

(1)

in the section heading, by inserting and improvement of the Joint Artificial Intelligence Center before the period at the end;

(2)

in subsection (a)—

(A)

in paragraph (1), by inserting acquire, before develop; and

(B)

by amending paragraph (2) to read as follows:

(2)

Emphasis

The set of activities established under paragraph (1) shall include—

(A)

acquisition and development of mature artificial intelligence technology;

(B)

applying artificial intelligence and machine learning solutions to operational problems by directly delivering artificial intelligence capabilities to the Armed Forces and other organizations and elements of the Department;

(C)

accelerating the development, testing, and fielding of new artificial intelligence and artificial intelligence-enabling capabilities; and

(D)

coordinating and deconflicting activities involving artificial intelligence and artificial intelligence-enabled capabilities within the Department.

(3)

by amending subsection (b) to read as follows:

(b)

Responsible official

The Deputy Secretary of Defense shall be the official within the Department of Defense with principal responsibility for the coordination of activities relating to the acquisition, development, and demonstration of artificial intelligence and machine learning for the Department.

.

(4)

by redesignating subsections (c) through (g) as subsections (d) through (h), respectively;

(5)

by inserting after subsection (b) the following new subsection:

(c)

Organization

(1)

Role of Joint Artificial Intelligence Center

The set of activities established under subsection (a)(1) shall be established within the Joint Artificial Intelligence Center.

(2)

Authority of Deputy Secretary of Defense

The Deputy Secretary of Defense shall exercise authority and direction over the Joint Artificial Intelligence Center.

(3)

Authority of director

The Director of the Joint Artificial Intelligence Center shall report directly to the Deputy Secretary of Defense.

(4)

Delegation

In exercising authority and direction over the Joint Artificial Intelligence Center under subsection (a), the Deputy Secretary of Defense may delegate administrative and ancillary management duties to the Chief Information Officer of the Department of Defense, as needed, to effectively and efficiently execute the mission of the Center.

;

(6)

in subsection (d), as so redesignated—

(A)

in the matter preceding paragraph (1), by striking official designated under subsection (b) and inserting Deputy Secretary of Defense;

(B)

in paragraph (1), in the matter preceding subparagraph (A), by inserting acquire, before develop;

(C)

in the heading of paragraph (2), by striking development and inserting acquisition, development,; and

(D)

in paragraph (2)—

(i)

in the matter preceding subparagraph (A), by striking To the degree practicable, the designated official and inserting The Deputy Secretary of Defense;

(ii)

in subparagraph (A), by striking development and inserting acquisition, development,;

(iii)

by redesignating subparagraphs (H) and (I) as subparagraphs (J) and (K), respectively; and

(iv)

by inserting after subparagraph (G), the following new subparagraphs:

(H)

develop standard data formats for the Department that—

(i)

aid in defining the relative maturity of datasets; and

(ii)

inform best practices for cost and schedule computation, data collection strategies aligned to mission outcomes, and dataset maintenance practices;

(I)

establish data and model usage agreements and collaborative partnership agreements for artificial intelligence product development with each organization and element of the Department, including each of the Armed Forces;

;

(7)

in subsection (e), as so redesignated—

(A)

by striking the official designated under subsection (b) and inserting the Director of the Joint Artificial Intelligence Center;

(B)

by striking subsection (c) and inserting subsection (d);and

(C)

by adding at the end the following: At a minimum, such access shall ensure that the Director has the ability to discover, access, share, and reuse data and models of the Armed Forces and other organizations and elements of the Department of Defense and to build and maintain data for the Department.;

(8)

in subsection (f), as so redesignated—

(A)

in paragraph (1)—

(i)

in the matter preceding subparagraph (A), by striking official designated under subsection (b) and inserting Deputy Secretary of Defense; and

(ii)

in subparagraph (B), by striking designated official and inserting Deputy Secretary of defense; and

(B)

in paragraph (2), by striking designated official and inserting Deputy Secretary of Defense; and

(9)

by adding at the end the following new subsection:

(i)

Joint Artificial Intelligence Center defined

The term Joint Artificial Intelligence Center means the Joint Artificial Intelligence Center of the Department of Defense established pursuant to the memorandum of the Secretary of Defense dated June 27, 2018, and titled Establishment of the Joint Artificial Intelligence Center, or any successor to such Center.

.

218.

Modification of national security innovation activities and manufacturing pilot program

(a)

National security innovation activities

Section 230 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note) is amended—

(1)

in subsection (a), by striking The Under Secretary of Defense for Research and Engineering shall establish and inserting The Under Secretary of Defense for Research and Engineering, acting through the Director of the Defense Innovation Unit, shall establish;

(2)

by redesignating subsections (e) through (h) as subsections (f) through (i), respectively;

(3)

by inserting after subsection (d) the following new subsection:

(e)

Establishment of Advisory Board

(1)

In general

Not earlier than the date specified in paragraph (5), but no later than 180 days after such date, the Under Secretary shall establish an advisory board within the Defense Innovation Unit to advise the Under Secretary and the Director of the Unit with respect to the establishment and prioritization of activities under such subsection (a).

(2)

Duties

The advisory board established under paragraph (1) shall—

(A)

identify activities that should be prioritized for establishment under subsection (a);

(B)

not less frequently that semiannually, reevaluate and update such priorities; and

(C)

ensure continuing alignment of the activities established under subsection (a), including all elements of such activities described in subsection (b), with the overall technology strategy of the Department of Defense.

(3)

Membership

The advisory board established under paragraph (1) shall be composed of one or more representatives from each of the following:

(A)

Each science and technology reinvention laboratory of the Department of Defense.

(B)

The primary procurement organization of each Armed Force.

(C)

The Defense Innovation Board.

(D)

Such other organizations and elements of the Department of Defense as the Under Secretary, in consultation with the Director of the Defense Innovation Unit, determines appropriate.

(4)

Plan

Not later than 90 days before the date on which the advisory board is established under paragraph (1), the Under Secretary shall submit to the congressional defense committees a plan for establishing the advisory board, including a description of the expected roles, responsibilities, and membership of the advisory board.

(5)

Date specified

The date specified in this paragraph is the date on which funds are first appropriated or otherwise made available to carry out subsection (a).

; and

(4)

in subsection (h), as so redesignated, by striking subsection (h) and inserting subsection (i).

(b)

Pilot program on defense manufacturing

Section 1711 of the National Defense Authorization Act for Fiscal Year 2018 (Public Law 115–91; 10 U.S.C. 2505 note) is amended—

(1)

in subsection (d), by striking the date that is four years after the date of the enactment of this Act and inserting December 31, 2026; and

(2)

in subsection (e), by striking January 31, 2022 and inserting January 31, 2027.

219.

Extension of pilot program for the enhancement of the research, development, test, and evaluation centers of the Department of Defense

(a)

In general

Section 233 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2358 note) is amended—

(1)

in subsection (e), by striking 2022 and inserting 2027; and

(2)

in subsection (f)—

(A)

by amending paragraph (1) to read as follows:

(1)

In general

Not later than one year after the date of the enactment of the National Defense Authorization Act for Fiscal Year 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the status of the pilot program.

; and

(B)

in paragraph (2), by adding at the end the following new subparagraph:

(F)

With respect to any military department not participating in the pilot program, an explanation for such nonparticipation, including identification of—

(i)

any issues that may be preventing such participation; and

(ii)

any offices or other elements of the department that may be responsible for the delay in participation.

.

(b)

Technical amendment

Effective as of December 23, 2016, and as if included therein as enacted, section 233(c)(2)(C)(ii) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2358 note) is amended by striking Assistant Secretary of the Army for Acquisition, Technology, and Logistics and inserting Assistant Secretary of the Army for Acquisition, Logistics, and Technology.

220.

Digital data management and analytics capability

(a)

Digital data management and analytics capability

(1)

In general

The Secretary of Defense shall develop and implement an advanced digital data management and analytics capability to be used—

(A)

to digitally integrate all elements of the acquisition process of the Department of Defense;

(B)

to digitally record and track all relevant data generated during the research, development, testing, and evaluation of systems; and

(C)

to maximize the use of such data to inform—

(i)

the further development and improvement of such systems; and

(ii)

the acquisition process for such systems.

(2)

Requirements

The capability developed under paragraph (1) shall meet the following requirements:

(A)

The capability will be accessible to, and useable by, individuals throughout the Department of Defense who have responsibilities relating to capability requirements, research, design, development, testing, evaluation, acquisition, management, operations, and sustainment of systems.

(B)

The capability will provide for the development, use, curation, and maintenance of authoritative and technically accurate digital systems—

(i)

to reduce the burden of reporting by officials responsible for executing programs;

(ii)

to ensure shared access to data within the Department;

(iii)

to supply data to digital engineering models for use in the defense acquisition process;

(iv)

to supply data to testing infrastructure and software to support automated approaches for testing, evaluation, and deployment throughout the defense acquisition process; and

(v)

to provide timely analyses to Department leadership.

(C)

The capability will be designed—

(i)

to improve data management processes in the research, development, acquisition, and sustainment activities of the Department;

(ii)

to provide decision makers in the Department with timely, high-quality, transparent, and actionable analyses for optimal development, acquisition, and sustainment decision making and execution;

(iii)

to facilitate productivity, discovery, access, knowledge sharing, and analysis of acquisition-related data across organizational boundaries at all levels of the Department, including through the development of acquisition documentation; and

(iv)

to build and improve analytical models and simulations to enhance the development, test, and use of weapon systems.

(3)

Software requirement

(A)

In general

The capability developed under paragraph (1) shall include software to collect, organize, manage, make available, and analyze relevant data throughout the life cycle of defense acquisition programs, including any data needed to satisfy milestone requirements and reviews.

(B)

Procurement authority

The software described in subparagraph (A) may be developed or procured using the authorities provided under section 800 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1478).

(4)

Review

In developing the capability required under paragraph (1) the Secretary of Defense shall—

(A)

review data content and requirements to support planning and reporting of functions and remove redundant data requests across functions.

(B)

based on such review, develop recommended approaches for—

(i)

moving supporting processes from analog to digital format, including planning and reporting processes;

(ii)

making new data active through digitalization;

(iii)

making legacy data, including data currently residing in program documentation, active through digitalization; and

(iv)

modernizing the storage, retrieval, and reporting capabilities for stakeholders within the Department, including research entities, Program Management Offices, analytic organizations, enterprise oversight, and decision makers.

(b)

Demonstration activities

(1)

In general

The Secretary of Defense shall carry out demonstration activities to test various approaches to building the capability required under subsection (a).

(2)

Program selection

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall assess and select not fewer than two and not more than five programs of the Department of Defense to participate in the demonstration activities under paragraph (1), including—

(A)

one or more acquisition data management test cases; and

(B)

one or more development and test modeling and simulation test cases to demonstrate the ability to collect data from tests and operations in the field, and feed the data back into models and simulations for better software development and testing.

(3)

Additional requirements

As part of the demonstration activities under paragraph (1), the Secretary shall—

(A)

conduct a comparative analysis that assesses the risks and benefits of the digital management and analytics capability used in each of the programs participating in the demonstration activities relative to the Department’s traditional data collection, reporting, exposing, and analysis approaches;

(B)

ensure that the intellectual property strategy for each of the programs participating in the demonstration activities is best aligned to meet the goals of the program; and

(C)

develop a workforce and infrastructure plan to support any new policies and guidance implemented in connection with the demonstration activities, including any policies and guidance implemented after the completion of such activities.

(c)

Policies and guidance required

Not later than 18 months after the date of the enactment of this Act, based on the results of the demonstration activities carried out under subsection (b), the Secretary of Defense shall issue or modify policies and guidance to—

(1)

promote the use of digital management and analytics capabilities; and

(2)

address roles, responsibilities, and procedures relating to such capabilities.

(d)

Steering committee

(1)

In general

The Secretary of Defense shall establish a steering committee to assist the Secretary in carrying out subsections (a) through (c).

(2)

Membership

The steering committee shall be composed of the following members or their designees:

(A)

The Chief Management Officer.

(B)

The Chief Information Officer.

(C)

The Director of Cost Assessment and Program Evaluation.

(D)

The Under Secretary of Defense for Research and Engineering.

(E)

The Under Secretary of Defense for Acquisition and Sustainment.

(F)

The Director of Operational Test and Evaluation.

(G)

The Service Acquisition Executives.

(H)

The Director for Force Structure, Resources, and Assessment of the Joint Staff.

(I)

The Director of the Defense Digital Service.

(e)

Independent assessments

(1)

Initial assessment

(A)

In general

The Defense Innovation Board, in consultation with the Defense Digital Service, shall conduct an independent assessment to identify recommended approaches for the implementation of subsections (a) through (c).

(B)

Elements

The assessment under subparagraph (A) shall include the following:

(i)

A plan for the development and implementation of the capability required under subsection (a), including a plan for any procurement that may be required as part of such development and implementation.

(ii)

An independent cost assessment of the total estimated cost of developing and implementing the capability.

(iii)

An independent estimate of the schedule for the development and implementation of the capability, including a reasonable estimate of the dates on which the capability can be expected to achieve initial operational capability and full operational capability, respectively.

(iv)

A recommendation identifying the office or other organization of the Department of Defense that would be most appropriate to manage and execute the capability.

(C)

Report

Not later than 180 days after the date of the enactment of this Act, the Defense Innovation Board, in consultation with the Defense Digital Service, shall submit to the Secretary of Defense and the congressional defense committees a report on the findings of the assessment under subparagraph (A), including the findings of the assessment with respect to each element specified in subparagraph (B).

(2)

Final assessment

(A)

In general

Not later than March 15, 2022, the Defense Innovation Board and the Defense Science Board shall jointly complete an independent assessment of the progress of the Secretary in implementing subsections (a) through (c). The Secretary of Defense shall ensure that the Defense Innovation Board and the Defense Science Board have access to the resources, data, and information necessary to complete the assessment.

(B)

Information to Congress

Not later than 30 days after the date on which the assessment under subparagraph (A) is completed, the Defense Innovation Board and the Defense Science Board shall jointly provide to the congressional defense committees—

(i)

a report summarizing the assessment; and

(ii)

a briefing on the findings of the assessment.

(f)

Report and briefing

(1)

Report on implementation

Not later than 90 days after the date on which the report described in subsection (e)(1)(C) is submitted to the congressional defense committees, the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the Secretary in implementing subsections (a) through (c). The report shall include an explanation of how the results of the demonstration activities carried out under subsection (b) will be incorporated into the policy and guidance required under subsection (c), particularly the policy and guidance of the members of the steering committee established under subsection (d).

(2)

Briefing on legislative recommendations

Not later than October 15, 2021, the Secretary of Defense shall provide to the Committee on Armed Services of the House of Representatives a briefing that identifies any changes to existing law that may be necessary to facilitate the implementation of subsections (a) through (c).

221.

Social science, management science, and information science research activities

(a)

Establishment

The Secretary of Defense, acting through the Under Secretary of Defense for Research and Engineering, shall carry out a program of research and development in social science, management science, and information science.

(b)

Purposes

The purposes of the program required under subsection (a) are as follows:

(1)

To ensure that the Department of Defense has access to innovation and expertise in social science, management science, and information science to enable the Department to improve the effectiveness and efficiency of the Department’s operational and management activities.

(2)

To coordinate all research and development within the Department in the fields of social science, management science, and information science.

(3)

To enhance cooperation and collaboration on research and development in the fields of social science, management science, and information science among the Department of Defense and appropriate private sector and international entities that are involved in such research and development.

(4)

To develop and manage a portfolio of research initiatives in fundamental and applied social science, management science, and information science that is stable, consistent, and balanced across relevant disciplines.

(5)

To accelerate efforts to transition and deploy technologies and concepts derived from research and development in the fields of social science, management science, and information science into the Department of Defense, and to establish policies, procedures, and standards for measuring the success of such efforts.

(6)

To collect, synthesize, and disseminate critical information on research and development in the fields of social science, management science, and information science.

(7)

To support the missions and systems of the Department by developing the fields of social science, management science, and information science, including by supporting—

(A)

appropriate research and innovation in such fields; and

(B)

the development of an industrial base in such fields, including development of the facilities, workforce, and infrastructure that comprise such industrial base.

(c)

Administration

The Under Secretary of Defense for Research and Engineering shall supervise the planning, management, and coordination of the program under subsection (a).

(d)

Activities

The Under Secretary of Defense for Research and Engineering, in consultation with the Secretaries of the military departments and the heads of relevant Defense Agencies, shall—

(1)

prescribe a set of long-term challenges and a set of specific technical goals for the program, including—

(A)

optimization of analysis of national security data sets;

(B)

development of defense-related management innovation activities;

(C)

improving the operational use of social science, management science, and information science innovations by military commanders and civilian leaders;

(D)

improving understanding of the fundamental social, cultural, and behavioral forces that shape the strategic interests of the United States; and

(E)

developing a Department of Defense workforce capable of developing and leveraging innovations and best practices in the fields of social science, management science, and information science to support defense missions;

(2)

develop a coordinated and integrated research and investment plan for meeting near-term, mid-term, and long-term national security, defense-related, and Department management challenges that—

(A)

includes definitive milestones;

(B)

provides for achieving specific technical goals; and

(C)

builds upon the investments of the Department, other departments and agencies of the Federal Government, and the commercial sector in the fields of social science, management science, and information science;

(3)

develop plans for—

(A)

the development of the Department’s workforce in social science, management science, and information science; and

(B)

enhancing awareness of social science, management science, and information science within the Department; and

(4)

develop memoranda of agreement, joint funding agreements, and such other cooperative arrangements as the Under Secretary determines necessary for carrying out the program under subsection (a).

(e)

Guidance required

(1)

In general

Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Research and Engineering shall develop and issue guidance for defense-related social science, management science, and information science activities, including—

(A)

classification and data management plans for such activities; and

(B)

policies for control of personnel participating in such activities to minimize the effects of the loss of intellectual property in social science, management science, and information science considered sensitive to the Federal Government.

(2)

Updates

Under Secretary of Defense for Research and Engineering shall regularly update the guidance issued under paragraph (4).

(f)

Research centers

(1)

In general

The Secretary of each military department may establish or designate an entity or activity under the jurisdiction of such Secretary, which may include a Department of Defense Laboratory, to serve as a research center in the fields of social science, management science, and information science. Each such research center shall engage with appropriate public sector and private sector organizations, including academic institutions, to enhance and accelerate the research, development, and deployment of social science, management science, and information science within the Department.

(2)

Minimum number

The Secretary of Defense shall ensure that not less than one research center is established or designated under paragraph (1) by not later than 180 days after the date of the enactment of this Act.

(g)

Report

(1)

In general

Not later than December 31, 2022, the Secretary shall submit to the congressional defense committees a report on the program.

(2)

Form of report

The report required under paragraph (1) may be submitted in unclassified or classified form.

222.

Measuring and incentivizing programming proficiency

(a)

In general

Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall carry out the following activities:

(1)

Leverage existing civilian software development and software architecture certification programs to implement coding language proficiency and artificial intelligence competency tests within the Department of Defense that—

(A)

measure an individual’s competency in using machine learning tools, in a manner similar to the way the Defense Language Proficiency Test measures competency in foreign language skills;

(B)

enable the identification of members of the Armed Forces and civilian employees of the Department of Defense who have varying levels of quantified coding comprehension and skills and a propensity to learn new programming paradigms, algorithms, and data analytics; and

(C)

include hands-on coding demonstrations and challenges.

(2)

Update existing record keeping systems to track artificial intelligence and programming certification testing results in a manner that is comparable to the system used for tracking and documenting foreign language competency, and use that record keeping system to ensure that workforce coding and artificial intelligence comprehension and skills are taken into consideration when making assignments.

(3)

Implement a system of rewards, including appropriate incentive pay and retention incentives, for members of the Armed Forces and civilian employees of the Department of Defense who perform successfully on specific language coding proficiency and artificial intelligence competency tests and make their skills available to the Department.

(b)

Information sharing with other Federal agencies

The Secretary of Defense shall share information on the activities carried out under subsection (a) with the Secretary of Homeland Security, the Attorney General, the Director of National Intelligence, and the heads of such other organizations of the intelligence community as the Secretary determines appropriate, for purposes of—

(1)

making information about the coding language proficiency and artificial intelligence competency tests developed under such subsection available to other Federal national security agencies; and

(2)

encouraging the heads of such agencies to implement tracking and reward systems that are comparable to those implemented by the Department of Defense pursuant to such subsection.

223.

Information technology modernization and security efforts

(a)

Modernization effort

(1)

Definitions

In this subsection—

(A)

the term Assistant Secretary means the Assistant Secretary of Commerce for Communications and Information;

(B)

the term covered agency

(i)

means any Federal entity that the Assistant Secretary determines is appropriate; and

(ii)

includes the Department of Defense;

(C)

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));

(D)

the term Federal spectrum means frequencies assigned on a primary basis to a covered agency;

(E)

the term infrastructure means information technology systems and information technologies, tools, and databases; and

(F)

the term NTIA means the National Telecommunications and Information Administration.

(2)

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—

(A)

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;

(B)

other potential innovative technological capabilities with respect to that infrastructure, including cloud-based databases, artificial intelligence technologies, automation, and improved modeling and simulation capabilities;

(C)

ways to improve the management of covered agencies’ use of Federal spectrum through that infrastructure, including by—

(i)

increasing the efficiency of that infrastructure;

(ii)

addressing validation of usage with respect to that infrastructure;

(iii)

increasing the accuracy of that infrastructure;

(iv)

validating models used by that infrastructure; and

(v)

monitoring and enforcing requirements that are imposed on covered agencies with respect to the use of Federal spectrum by covered agencies;

(D)

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;

(E)

the creation of a time-based automated mechanism—

(i)

to share Federal spectrum between covered agencies to collaboratively and dynamically increase access to Federal spectrum by those agencies; and

(ii)

that could be scaled across Federal spectrum; and

(F)

the collaboration between covered agencies necessary to ensure the interoperability of Federal spectrum.

(3)

Spectrum information technology modernization

(A)

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.

(B)

Contents

The report required under subparagraph (A) shall include—

(i)

an assessment of the current, as of the date on which the report is submitted, infrastructure of the NTIA described in that paragraph;

(ii)

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;

(iii)

a timeline for the implementation of the modernization efforts described in that paragraph;

(iv)

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 the Federal Information Security Management Act of 2002 (Public Law 107–296; 116 Stat. 2135);

(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—

(aa)

administer the management of the spectrum use described in that paragraph; and

(bb)

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;

(v)

an operations and maintenance plan with respect to the modernized infrastructure of the NTIA described in that paragraph;

(vi)

a strategy for coordination between the covered agencies within the Policy and Plans Steering Group, which shall include—

(I)

a description of—

(aa)

those coordination efforts, as in effect on the date on which the report is submitted; and

(bb)

a plan for coordination of those efforts after the date on which the report is submitted, including with respect to the efforts described in paragraph (4);

(II)

a plan for standardizing—

(aa)

electromagnetic spectrum analysis tools;

(bb)

modeling and simulation processes and technologies; and

(cc)

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 paragraph (4)(A) that is tailored to the particular timeline of the agency;

(vii)

identification of manually intensive processes involved in managing Federal spectrum and proposed enhancements to those processes;

(viii)

metrics to evaluate the success of the modernization efforts described in that paragraph and any similar future efforts; and

(ix)

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.

(4)

Interagency inputs

(A)

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 paragraph (3).

(B)

Contents

Each report submitted by the head of a covered agency under subparagraph (A) shall—

(i)

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 paragraph (2);

(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 paragraph (3); and

(VI)

with respect to the report submitted by the Secretary of Defense—

(aa)

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;

(bb)

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

(cc)

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

(ii)

be submitted in an unclassified format, with a classified annex, as appropriate.

(C)

Notification of Congress

Upon submission of the report required under subparagraph (A), the head of each covered agency shall notify Congress that the head of the covered agency has submitted the report.

(5)

GAO oversight

The Comptroller General of the United States shall—

(A)

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;

(B)

after all of the reports required under paragraph (4) have been submitted, conduct oversight of the implementation of the modernization plans submitted by the NTIA and covered agencies under paragraphs (3) and (4), respectively;

(C)

not later than 1 year after the date on which the Comptroller General begins conducting oversight under subparagraph (B), and annually thereafter, submit a report regarding that oversight to—

(i)

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

(ii)

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

(D)

provide regular briefings to—

(i)

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

(ii)

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.

(b)

Telecommunications security program

(1)

Program required

The Secretary of Defense shall carry out a program to identify and mitigate vulnerabilities in the telecommunications infrastructure of the Department of Defense.

(2)

Elements

In carrying out the program under paragraph (1), the Secretary shall—

(A)

develop a capability to communicate clearly and authoritatively about threats by foreign adversaries;

(B)

conduct independent red-team security analysis of Department of Defense systems, subsystems, devices, and components including no-knowledge testing and testing with limited or full knowledge of expected functionalities;

(C)

verify the integrity of personnel who are tasked with design fabrication, integration, configuration, storage, test, and documentation of noncommercial 5G technology to be used by the Department of Defense;

(D)

verify the efficacy of the physical security measures used at Department of Defense locations where system design, fabrication, integration, configuration, storage, test, and documentation of 5G technology occurs;

(E)

direct the Chief Information Officer of the Department of Defense to use the Federal Risk and Authorization Management Program (commonly known as FedRAMP) moderate or high cloud standard baselines, supplemented with the Department’s FedRAMP cloud standard controls and control enhancements, to assess 5G core service providers whose services will be used by the Department of Defense through the Department’s provisional authorization process; and

(F)

direct the Defense Information Systems Agency and the United States Cyber Command to Develop a capability for continuous, independent monitoring of packet streams for 5G data on frequencies assigned to the Department of Defense to validate availability, confidentiality, and integrity of Department of Defense communications systems.

(3)

Implementation plan

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to Congress a plan for the implementation of the program under paragraph (1).

(4)

Report required

Not later than 270 days after submitting the plan under paragraph (3), the Secretary of Defense shall submit to Congress a report that includes—

(A)

a comprehensive assessment of the findings and conclusions of the program under paragraph (1);

(B)

recommendations on how to mitigate vulnerabilities in the Department of Defense telecommunications infrastructure; and

(C)

an explanation of how the Department of Defense plans to implement such recommendations.

224.

Board of Directors for the Joint Artificial Intelligence Center

(a)

Establishment

The Secretary of Defense shall establish a Board of Directors for the Joint Artificial Intelligence Center.

(b)

Duties

The duties of the Board of Directors shall be the following:

(1)

Provide strategic guidance to the Director of the Joint Artificial Intelligence Center.

(2)

Advise the Secretary on matters relating to the development and use of artificial intelligence by the Department of Defense.

(3)

Evaluate and advise the Secretary on ethical matters relating to the development and use of artificial intelligence by the Department.

(4)

Conduct long-term and long-range studies on matters relating to artificial intelligence.

(5)

Evaluate and provide recommendations to the Secretary regarding the Department’s development of a robust workforce proficient in artificial intelligence.

(6)

Assist the Secretary in developing strategic level guidance on artificial intelligence-related hardware procurement and supply-chain matters.

(7)

Monitor and provide recommendations to the Secretary on computing power, usage, storage, and other technical matters relating to artificial intelligence.

(c)

Membership

The Board of Directors shall be composed of the following members:

(1)

The official within the Department of Defense to whom the Director of the Joint Artificial intelligence center directly reports.

(2)

The Under Secretary of Defense for Policy.

(3)

The Under Secretary of Defense for Research and Engineering.

(4)

The Under Secretary of Defense for Acquisition and Sustainment.

(5)

The Under Secretary of Defense for Intelligence and Security.

(6)

The Under Secretary of Defense for Personnel and Readiness.

(7)

Not more than five members from academic or private sector organizations outside the Department of Defense, who shall be appointed by the Secretary.

(d)

Chairperson

The chairperson of the Board of Directors shall be the official described in subsection (c)(1).

(e)

Meetings

The Board of Directors shall meet not less than once each fiscal quarter and may meet at other times at the call of the chairperson or a majority of the Board’s members.

(f)

Reports

Not later than September 30 of each year through September 30, 2024, the Board of Directors shall submit to the congressional defense committees a report that summarizes the activities of the Board over the preceding year.

(g)

Definitions

In this section:

(1)

The term artificial intelligence has the meaning given that term in section 238(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note).

(2)

The term Board of Directors means the Board of Directors established under subsection (a).

(3)

The term Joint Artificial Intelligence Center means the Joint Artificial Intelligence Center of the Department of Defense established pursuant to the memorandum of the Secretary of Defense dated June 27, 2018, and titled Establishment of the Joint Artificial Intelligence Center, or any successor to such Center.

(4)

The term Secretary means the Secretary of Defense.

225.

Directed Energy Working Group

(a)

In general

The Secretary of Defense shall establish a working group, to be known as the Directed Energy Working Group.

(b)

Responsibilities

The working group shall—

(1)

discuss the current and planned directed energy programs of each of the military departments;

(2)

make recommendations to the Secretary of Defense about establishing memoranda of understanding among the organizations and elements of the Department of Defense to coordinate directed energy activities using amounts authorized to be appropriated for research, development, test, and evaluation;

(3)

identify methods of quickly fielding directed energy capabilities and programs; and

(4)

develop a compendium on the effectiveness of directed energy weapon systems and integrate the compendium into an overall Joint Effectiveness Manual under the guidance from the Joint Technical Coordination Group for Munitions Effectiveness.

(c)

Head of working group

The head of the working group shall be the Assistant Director of Directed Energy of the Office of the Under Secretary of Defense for Research and Engineering.

(d)

Membership

The members of the working group shall be appointed by not later than 60 days after the date of the enactment of this Act, as follows:

(1)

One member from each military department, appointed by the Secretary of the military department concerned.

(2)

One member appointed by the Under Secretary of Defense for Research and Engineering.

(3)

One member appointed by the Under Secretary of Defense for Acquisition and Sustainment.

(4)

One member appointed by the Director of the Strategic Capabilities Office of the Department of Defense.

(5)

One member appointed by the Director of the Defense Advanced Research Projects Agency.

(e)

Reports to Congress

Not later than 180 days after the date of the enactment of this Act, and not less frequently than once every 180 days thereafter, the working group shall submit to the congressional defense committees a report on the progress of each directed energy program being developed or fielded by the Department of Defense.

(f)

Termination

The working group under this section shall terminate four years after the date of the enactment of this Act.

226.

Program Executive Officer for Autonomy

(a)

In general

Not later than February 1, 2022, the Secretary of the Navy shall designate a program executive officer for autonomy who shall be the official within the Department of the Navy with primary responsibility for the development and integration of autonomous technology into weapon systems.

(b)

Program executive officer defined

In this section, the term program executive officer has the meaning given that term in section 1737(a)(4) of title 10, United States Code.

227.

Accountability measures relating to the Advanced Battle Management System

(a)

Independent cost estimate

(1)

In general

The Director of Cost Assessment and Program Evaluation shall—

(A)

review any cost estimate of the Advanced Battle Management System prepared by the Department of the Air Force; and

(B)

conduct an independent cost estimate of the full life-cycle cost of the Advanced Battle Management System.

(2)

Submittal to Congress

At the same time as the budget of the President for fiscal year 2022 is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees a report on the results of the review and independent cost estimate conducted under paragraph (1).

(b)

Air Force briefing requirement

Section 147(g) of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 STAT. 1670) is amended by adding at the end the following:

Each briefing shall include a detailed explanation of any on-ramp exercise of the Advanced Battle Management System conducted during the quarter covered by the report, including an explanation of—

(1)

the objectives achieved by the exercise;

(2)

the realism of the exercise, including identification of the portions of the exercise that were scripted and unscripted and any technical workarounds or substitutes used for purposes of the exercise;

(3)

the interim capabilities provided to combatant commanders after the conclusion of the exercise (commonly known as leave behind capabilities) and a plan for the sustainment or upgrade of such capabilities; and

(4)

the total cost of the exercise and a breakdown of the costs with respect to technology, range and demonstration resources, personnel, and logistics.

.

(c)

Reports

Not later than December 20, 2020, the Secretary of the Air Force shall submit to the congressional defense committees the following reports on the Advanced Battle Management System:

(1)

Report on planned capabilities

A report on the planned product line capabilities of the Advanced Battle Management System, including—

(A)

a description of the technologies needed to implement and achieve such product line capabilities;

(B)

a timeline for the technical maturation of such product line capabilities; and

(C)

a notional schedule for fielding such product line capabilities over the period covered by the current future-years defense program under section 221 of title 10, United States Code.

(2)

Report on acquisition authorities

A report on the allocation of responsibilities among the individuals and entities responsible for acquisition for the Advanced Battle Management System, including an explanation of how decision-making and governance of the acquisition process is allocated among the Chief Architect Integration Office and other entities that are expected provide capabilities for the System.

(3)

Report on alignment with Common Mission Control Center

A report, which may be submitted in classified or unclassified form, that explains how, and to what extent, the Advanced Battle Management System will be aligned and coordinated with the Common Mission Control Center of the Air Force.

(d)

Report on security measures

At the same time as the budget of the President for fiscal year 2022 is submitted to Congress pursuant to section 1105(a) of title 31, United States Code, the Secretary of the Air Force shall submit to the congressional defense committees a report that describes how the Secretary plans to ensure the security of the Advanced Battle Management System, including a description of any information assurance and anti-tamper requirements for the System.

(e)

Advanced Battle Management System defined

In this section, the term Advanced Battle Management System has the meaning given that term in section 236(c) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 133 Stat. 1281).

228.

Measures to address foreign talent programs

(a)

List of programs

The Secretary of Defense shall develop and maintain a list of foreign talent programs that pose a threat to the national security interests of the United States, as determined by the Secretary.

(b)

Criteria

In developing the list under subsection (a), the Secretary of Defense shall consider—

(1)

the extent to which a foreign talent program—

(A)

poses a threat to research funded by the Department of Defense; and

(B)

engages in, or facilitates, cyber attacks, theft, espionage, or otherwise interferes in the affairs of the United States; and

(2)

any other factors the Secretary determines appropriate.

(c)

Information to Congress

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a copy of the list developed under subsection (a).

(d)

Publication in Federal Register

Not later than 30 days after making the submission required under subsection (c), the Secretary of Defense shall publish the list developed under subsection (a) in the Federal Register.

(e)

Notice and comment period

The list developed under subsection (a), and any guidance, rules, updates, or other requirements relating to such list, shall not take effect until such list, or any such guidance, rules, updates, or other requirements (as the case may be) have been—

(1)

published in the Federal Register; and

(2)

open for public comment for a period of not less than 60 days.

(f)

Foreign talent program defined

In this section, the term foreign talent program has the meaning given that term for purposes of section 1286 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 10 U.S.C. 2358 note).

229.

Disclosure of foreign funding sources in applications for Federal research awards

(a)

Disclosure requirement

Each Federal research agency shall require—

(1)

any individual applying for funds from that agency as a principal investigator or co-principal investigator under a grant or cooperative agreement to disclose all current and pending support and the sources of such support at the time of the application for funds; and

(2)

any institution of higher education applying for funds from that agency to certify that every principal investigator or co-principal investigator who is employed by the institution of higher education and is applying for such funds has been made aware of the requirement under paragraph (1).

(b)

Consistency

The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council and in accordance with the authority provided under section 1746 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92; 42 U.S.C. 6601 note) shall ensure that the requirements issued by Federal research agencies under subsection (a) are consistent.

(c)

Enforcement

(1)

In general

In the event that an individual or entity violates the disclosure requirements under subsection (a), a Federal research agency may take one or more of the following actions against such individual or entity:

(A)

Reject an application for a grant or cooperative agreement because the disclosed current and pending support violates agency terms and conditions.

(B)

Reject an application for a grant or cooperative agreement because current and pending support have not been disclosed as required under subsection (a).

(C)

Temporarily or permanently discontinue any or all funding from that agency for any principal investigator or co-principal investigator who has failed to properly disclose current and pending support pursuant to subsection (a).

(D)

Temporarily or permanently suspend or debar a researcher, in accordance with part 180 of title 2, Code of Federal Regulations, from receiving funding from that agency when failure to disclose current and pending support pursuant to subsection (a) as done knowingly and willfully.

(E)

Refer a failure to disclose under subsection (a) to Federal law enforcement authorities to determine whether any criminal statutes have been violated.

(2)

Notice

A Federal research agency intending to take action under any of subparagraphs (A), (B), (C), or (D) of paragraph (1) shall notify the institution of higher education, principal investigator and any co-principal investigators subject to such action about the specific reason for the action, and shall provide the institution, principal investigator, and co-principal investigator, as applicable, with the opportunity and a process by which to contest the proposed action.

(3)

Evidentiary standards

A Federal research agency seeking suspension or debarment under paragraph (1)(D) shall abide by the procedures and evidentiary standards set forth in part 180 of title 2, Code of Federal Regulations.

(d)

Definitions

In this section:

(1)

Current and pending support

The term current and pending support means all resources made available to an individual in direct support of the individual’s research efforts, regardless of whether such resources have monetary value, and includes in-kind contributions requiring a commitment of time and directly supporting the individual’s research efforts, such as the provision of office or laboratory space, equipment, supplies, employees, and students.

(2)

Institution of Higher Education

The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(3)

Federal research agency

The term Federal research agency includes the following and any organizations and elements thereof:

(A)

The Department of Agriculture.

(B)

The Department of Commerce.

(C)

The Department of Defense.

(D)

The Department of Education.

(E)

The Department of Energy.

(F)

The Department of Health and Human Services.

(G)

The Department of Homeland Security.

(H)

The Department of Transportation.

(I)

The Environmental Protection Agency.

(J)

The National Aeronautics and Space Administration.

(K)

The National Science Foundation.

230.

Limitations relating to large unmanned surface vessels and associated offensive weapon systems

(a)

Limitation on availability of funds for LUSV

(1)

Limitation

None of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the Department of the Navy for the procurement of a large unmanned surface vessel may be obligated or expended until a period of 60 days has elapsed following the date on which the Secretary of the Navy submits to the congressional defense committees the certification described in paragraph (2).

(2)

Certification described

The certification described in this paragraph is a written statement of the Secretary of the Navy certifying, with respect to any large unmanned surface vessel to be procured by the Secretary, the following:

(A)

A hull system, a mechanical system, and an electrical system have been developed for the vessel and each system—

(i)

has attained a technology readiness level of seven or greater; and

(ii)

can be operated autonomously for a minimum of 30 days.

(B)

A command control system has been developed for the vessel and the system—

(i)

can be operated autonomously;

(ii)

includes autonomous detection; and

(iii)

has attained a technology readiness level of seven or greater.

(C)

A detailed plan has been developed for measuring and demonstrating the reliability of the vessel.

(D)

All payloads expected to be carried on the vessel have attained a technology readiness level of seven or greater.

(b)

Limitation on LUSV weapon integration

The Secretary of the Navy may not integrate any offensive weapon system into a large unmanned surface vessel until the date on which the Secretary of the Defense certifies to the congressional defense committees that any large unmanned surface vessel that employs offensive weapons will comply with the law of armed conflict. Such certification shall include a detailed explanation of how such compliance will be achieved.

231.

Limitation on availability of funds pending review and report on next generation air dominance capabilities

(a)

Limitation on Air Force funds

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the next generation air dominance initiative of the Air Force, not more than 85 percent may be obligated or expended until the date on which the Director of Cost Assessment and Program Evaluation submits the report required under subsection (d)(1).

(b)

Limitation on Navy funds

Of the funds authorized to be appropriated by this Act or otherwise made available for fiscal year 2021 for the next generation air dominance initiative of the Navy, not more than 85 percent may be obligated or expended until the date on which the Director of Cost Assessment and Program Evaluation submits the report required under subsection (d)(2).

(c)

Reviews

(1)

In general

The Director of Cost Assessment and Program Evaluation shall conduct—

(A)

a non-advocate review of the next generation air dominance initiative of the Air Force; and

(B)

a non-advocate review of the next generation air dominance initiative of the Navy.

(2)

Elements

Each review under paragraph (1) shall include an assessment of—

(A)

all risks associated with cost, schedule, development, integration, production, fielding, and sustainment of next generation air dominance capabilities;

(B)

the technological maturity of significant hardware and software efforts planned or carried out as part of the development of such capabilities; and

(C)

affordability goals that the Air Force and the Navy (as the case may be) will be required to achieve during development, production, and sustainment activities for such capabilities that will not jeopardize or otherwise be detrimental to other high-priority future capabilities being developed and procured to support and execute other primary core competencies and missions.

(d)

Reports

The Director of Cost Assessment and Program Evaluation shall submit to the congressional defense committees—

(1)

a report on the results of the review conducted under subsection (c)(1)(A) with respect to the Air Force; and

(2)

a report on the results of the review conducted under subsection (c)(1)(B) with respect to the Navy.

C

Emerging Technology and Artificial Intelligence Matters

241.

Steering committee on emerging technology

(a)

Establishment

There is established in the executive branch a steering committee on emerging technology and national security threats (referred to in this section as the Steering Committee).

(b)

Membership

The Steering Committee shall be composed of the following:

(1)

The Deputy Secretary of Defense.

(2)

The Vice Chairman of the Joint Chiefs of Staff.

(3)

The Under Secretary of Defense for Intelligence and Security.

(4)

Such other officials of the Department of Defense as are jointly appointed to Steering Committee by the officials specified in paragraphs (1) through (3).

(c)

Co-chairs

The officials specified in paragraphs (1) through (3) of subsection (b) shall serve as co-chairs of the Steering Committee.

(d)

Staff and support services

Upon request of the co-chairs, the Department of Defense shall provide to the Steering Committee, on a reimbursable basis, such staff and administrative support services as are necessary for the Committee to carry out its responsibilities under this section.

(e)

Responsibilities

The Steering Committee shall be responsible for—

(1)

developing a strategic vision for the organizational change, concept and capability development, and technology investments in emerging technologies that are needed to maintain the technological edge of the military and intelligence community of the United States;

(2)

providing credible assessments of emerging threats and identifying investments and advances in emerging technology undertaken by adversaries of the United States;

(3)

making recommendations to the Secretary of Defense on—

(A)

the implementation of the strategy developed under to paragraph (1); and

(B)

steps that may be taken to address the threats identified under to paragraph (2);

(4)

coordinating with the Joint Committee on Research Environments of the National Science and Technology Council; and

(5)

carrying out such other activities as are assigned to the Steering Committee by the Secretary of Defense.

(f)

Coordination with JAIC

The co-chairs shall coordinate the activities of the Steering Committee with the activities of the Board of Directors of the Joint Artificial Intelligence Center established under section 224, as appropriate.

(g)

Emerging technology defined

In this section, the term emerging technology means technology determined to be in an emerging phase of development by the Secretary of Defense, including quantum computing, technology for the analysis of large and diverse sets of data (commonly known as big data analytics), artificial intelligence, autonomous technology, robotics, directed energy, hypersonics, biotechnology, and such other technology as may be identified by the Secretary.

242.

Training for human resources personnel in artificial intelligence and related topics

(a)

Department of defense

(1)

Training program

Not later than one year after the date of the enactment of this Act, the Secretary of Defense shall develop and implement a program to provide covered human resources personnel with training in the fields of software development, data science, and artificial intelligence, as such fields related to the duties of such personnel.

(2)

Elements

The training provided under paragraph (1) shall include—

(A)

a generalist’s introduction to—

(i)

software development and business processes;

(ii)

data management practices related to machine learning;

(iii)

machine learning, deep learning, and artificial intelligence;

(iv)

artificial intelligence workforce roles; and

(v)

cybersecurity and secure software development; and

(B)

training in the authorities and procedures that may be used to recruit software developers, data scientists, and artificial intelligence professionals, including direct hiring authorities, excepted service authorities, the Intergovernmental Personnel Act of 1970 (42 U.S.C. 4701 et seq.), and authorities for hiring special government employees and highly qualified experts.

(3)

Certificate of completion

The Secretary of Defense shall issue a certificate of completion to each individual who successfully completes the training provided under paragraph (1), as determined by the Secretary.

(4)

Implementation

The Secretary of Defense shall implement the training program under paragraph (1) as follows:

(A)

In the first year in which the training program is carried out, the Secretary shall ensure that not less than 20 percent of covered human resource personnel complete the program.

(B)

In each year of the training program after the first year, the Secretary shall ensure that not less than an additional 10 percent of covered human resources personnel complete the program until 80 percent of such personnel have completed the program.

(C)

After achieving the 80 percent completion rate specified in subparagraph (B), the Secretary shall ensure, in each year, that not less than 80 percent of covered human resources personnel have completed the training program.

(b)

Covered human resources personnel defined

In this section, the term covered human resources personnel means members of the Armed Forces and civilian employees of the Department of Defense, including human resources professionals, hiring managers, and recruiters, who are responsible for hiring software developers, data scientists, or artificial intelligence professionals for the Department.

243.

Unclassified workspaces for personnel with pending security clearances

(a)

Guidance required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall issue guidance to ensure, to the extent practicable, that all facilities the Department of Defense at which covered personnel perform work functions have unclassified workspaces.

(b)

Use of workspaces by other personnel

The guidance issued under subsection (a) shall include guidelines under which appropriately screened individuals other than covered personnel, such as interns and visiting experts, may use unclassified workspaces on a space-available basis.

(c)

Report required

Not later than 90 days after the issuance of the guidance under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report that includes—

(1)

a plan for implementing the guidance;

(2)

a description of how existing facilities may be modified to accommodate unclassified workspaces; and

(3)

identification of any impediments to making unclassified workspace available as described in subsection (a).

(d)

Definitions

(1)

In this section, the term unclassified workspace means a workspace at which unclassified work may be performed.

(2)

The term covered personnel means a member of the Armed Forces or a civilian employee of the Department of Defense who has applied for, but who has not yet received, a security clearance.

244.

Pilot program on the use of electronic portfolios to evaluate applicants for certain technical positions

(a)

Pilot program

Beginning not later than one year after the date of the enactment of this Act, the Secretary of Defense shall carry out a pilot program under which applicants for technical positions within the Department of Defense will be evaluated, in part, based on electronic portfolios of the applicant’s work, as described in subsection (b).

(b)

Activities

Under the pilot program, the human resources manager of an organization of the Department of Defense participating in the program, in consultation with relevant subject matter experts, shall assess each applicant for a technical position in the organization by reviewing an electronic portfolio of the applicant’s best work, as selected by the applicant.

(c)

Scope of program

The Secretary of Defense shall carry out the pilot program under subsection (a) in at least one major command of each military department.

(d)

Report

Not later than two years after the commencement of the pilot program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on the results of the program. At a minimum, the report shall describe—

(1)

how the use of electronic portfolios in the hiring process affected the timeliness of the hiring process for technical positions in organizations of the Department of Defense participating in the program;

(2)

the level of satisfaction of organization leaders, hiring authorities, and subject matter experts with the quality of applicants that were hired based on evaluations of electronic portfolios.

(e)

Technical position defined

In this section, the term technical position means a position in the Department of Defense requiring expertise in artificial intelligence, data science, or software development.

(f)

Termination

The authority to carry out the pilot program under subsection (a) shall terminate five years after the date of the enactment of this Act.

245.

Self-directed training in artificial intelligence

(a)

Online artificial intelligence courses

The Secretary of Defense shall make available a list of approved online courses relating to artificial intelligence that may be taken by civilian employees of the Department of Defense and members of the Armed Forces on a voluntary basis while not engaged in the performance of their duties.

(b)

Documentation of completion

The Secretary of Defense shall develop and implement a system—

(1)

to confirm whether a civilian employee of the Department of Defense or member of the Armed Forces has completed an online course approved by the Secretary under paragraph (1); and

(2)

to document the completion of such course in the personnel file of such employee or member.

(c)

Reward system

The Secretary of Defense shall develop and implement a system to reward civilian employees of the Department of Defense and members of the Armed Forces who complete an online course approved by the Secretary under paragraph (1), which may include—

(1)

for a member of the Armed Forces, a 24-hour pass which may be used on a stand-alone basis or in conjunction with other leave, holiday, or weekend periods; and

(2)

for a civilian employees of the Department, up to 8 hours of additional leave.

(d)

Deadline

The Secretary of Defense shall carry out the activities described in subparagraphs (a) through (c) not later than 180 days after the date of the enactment of this Act.

246.

Part-time and term employment of university professors and students in the Defense science and technology enterprise

(a)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, jointly with the Secretaries of the military departments, and in consultation with the Under Secretary of Defense for Research and Engineering and the Under Secretary of Defense for Personnel and Readiness, shall establish a program under which qualified professors and students may be employed on a part-time or term basis in an organization of the Defense science and technology enterprise for the purpose of conducting a research project.

(b)

Selection

(1)

Selection and hiring

The head of an organization in the Defense science and technology enterprise at which positions are made available under subsection (a) shall be responsible for selecting qualified professors and students to fill such positions.

(2)

Selection criteria

A qualified professor or student shall be selected for participation in the program under subsection (a) based on the following criteria:

(A)

In the case of a qualified professor—

(i)

the academic credentials and research experience of the professor; and

(ii)

the extent to which the research proposed to be carried out by the professor will contribute to the objectives of the Department of Defense.

(B)

In the case of qualified student assisting a professor with a research project under the program—

(i)

the academic credentials and other qualifications of the student; and

(ii)

the ability of the student to carry out the responsibilities assigned to the student as part of the project.

(c)

Implementation

(1)

Minimum number of positions

In the first year of the program under subsection (a), the Secretary of Defense shall establish not fewer than 10 positions for qualified professors. Not fewer than five of such positions shall be reserved for qualified professors to conduct research in the fields of artificial intelligence and machine learning.

(2)

Authorities

In carrying out the program under subsection (a), the Secretary of Defense and the heads of organizations in the Defense science and technology enterprise may—

(A)

use any hiring authority available to the Secretary or the head of such an organization;

(B)

enter into cooperative research and development agreements under section 12 of the Stevenson-Wydler Technology Innovation Act of 1980 (15 U.S.C. 3710a); and

(C)

pay referral bonuses to professors or students participating in the program who identify—

(i)

students to assist in a research project under the program; or

(ii)

students or recent graduates to participate in other programs in the Defense science and technology enterprise, including internships at Department of Defense Laboratories and in the Pathways Program of the Department.

(d)

Reports to Congress

(1)

Initial report

Not later than 30 days after the conclusion of the first year of the program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on the status of the program. The report shall include—

(A)

identification of the number of qualified professors and students employed under the program;

(B)

identification of the organizations in the Defense science and technology enterprise that employed such individuals; and

(C)

a description of the types of research conducted by such individuals.

(2)

Subsequent reports

Not later than 30 days after the conclusion of the second and third years of the program under subsection (a), the Secretary of Defense shall submit to the congressional defense committees a report on the progress of the program. Each report shall include—

(A)

the information described in subparagraphs (A) through (C) of paragraph (1);

(B)

the results of any research projects conducted under the program; and

(C)

the number of students and recent graduates who, pursuant to a reference from a professor or student participating in the program as described in subsection (c)(2)(C), were hired by the Department of Defense or selected for participation in another program in the Defense science and technology enterprise.

(e)

Definitions

In this section:

(1)

The term Defense science and technology enterprise means—

(A)

the research organizations of the military departments;

(B)

the science and technology reinvention laboratories (as designated under section 1105 of the National Defense Authorization Act for Fiscal Year 2010 (Public Law 111–84; 10 U.S.C. 2358 note));

(C)

the facilities of the Major Range and Test Facility Base (as defined in section 2358a(f)(3) of title 10, United States Code);

(D)

the Defense Advanced Research Projects Agency; and

(E)

such other organizations as the Secretary of Defense determines appropriate for inclusion in the enterprise.

(2)

The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(3)

The term qualified professor means a professor of an institution of higher education who has expertise in science, technology, engineering, and mathematics.

(4)

The term qualified student means a student of an institution of higher education selected by a qualified professor to assist the professor in conducting research.

247.

Microelectronics and national security

(a)

Modification of strategy for assured access to trusted microelectronics

Section 231 of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note) is amended—

(1)

in subsection (a), by striking September 30, 2019 and inserting December 30, 2020;

(2)

in subsection (b), by adding at the end the following new paragraphs:

(10)

An approach to ensuring the continuing production of cutting-edge microelectronics for national security needs, including state-of-the-art node sizes, heterogeneous integration, boutique chip designs, and variable volume production capabilities.

(11)

An assessment of current microelectronics supply chain management practices, existing risks, and actions that may be carried out to mitigate such risks by organizations in the defense industrial base.

(12)

A plan for increasing commercialization of intellectual property developed by the Department of Defense for commercial microelectronics research and development.

(13)

An assessment of the feasibility, usefulness, efficacy, and cost of—

(A)

developing a national laboratory exclusively focused on the research and development of microelectronics to serve as a center for Federal Government expertise in high-performing, trusted microelectronics and as a hub for Federal Government research into breakthrough microelectronics-related technologies; and

(B)

incorporating into such national laboratory a commercial incubator to provide early-stage microelectronics startups, which face difficulties scaling due to the high costs of microelectronics design and fabrication, with access to funding resources, fabrication facilities, design tools, and shared intellectual property.

(14)

Such other matters as the Secretary of Defense determines to be relevant.

;

(3)

in subsection (d), by striking September 30, 2019 and inserting December 30, 2020; and

(4)

in subsection (e), by striking September 30, 2019 and inserting December 30, 2020.

(b)

Advisory panel on microelectronics leadership and competitiveness

(1)

Establishment

Not later than 30 days after the date of the enactment of this Act, the President, in consultation with the National Security Council, the National Economic Council, and the Office of Science and Technology Policy, shall establish an advisory panel on microelectronics leadership and competitiveness (referred to in this subsection as the Advisory Panel).

(2)

Membership

The Advisory Panel shall be composed of the following members:

(A)

The Secretary of Defense.

(B)

The Secretary of Energy.

(C)

The Director of the National Science Foundation.

(D)

The Director of the National Institute of Standards and Technology.

(E)

The heads of such other departments and agencies of the Federal Government as the President, in consultation with the National Security Council, determines appropriate.

(3)

National strategy

(A)

In general

Not later than 180 days after the date on which the Advisory Panel is established, the Panel shall develop a national strategy to—

(i)

accelerate the development and deployment of state-of-the-art microelectronics; and

(ii)

ensure that the United States is a global leader in the field of microelectronics.

(B)

Elements

The strategy developed under subparagraph (A) shall address the following:

(i)

Activities that may be carried out to strengthen engagement and outreach between the Department of Defense and industry, academia, international partners of the United States, and other departments and agencies of the Federal Government on issues relating to microelectronics.

(ii)

Science, technology, research, and development efforts to facilitate the advancement and adoption of microelectronics and new uses of microelectronics and components, including efforts to—

(I)

accelerate leap-ahead research, development, and innovation in microelectronics; and

(II)

deploy heterogeneously integrated microelectronics for machine learning and other applications.

(iii)

The role of diplomacy and trade in maintaining the position of the United States as a global leader in the field of microelectronics, including the feasibility and advisability of—

(I)

implementing multilateral export controls tailored through direct coordination with key allies of the United States, including through the Wassenaar Arrangement and other multilateral fora, for specific semiconductor manufacturing equipment such as extreme ultraviolet photolithography equipment and argon fluoride immersion photolithography equipment;

(II)

additional trade enforcement actions that may be initiated by the United States to address any unfair or excessive foreign semiconductor subsidy programs or other unfair microelectronics trade practices; and

(III)

the elimination of any trade barriers or unilateral export controls that harm United States companies without producing a substantial benefit to the competitiveness or national security of the United States.

(iv)

The potential role of a national laboratory and incubator exclusively focused on the research and development of microelectronics, as described in section 231(b)(13) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note) (as added by subsection (a)) in carrying out the strategy and plan required subparagraph (A).

(v)

Such other activities as the Panel determines may be appropriate to overcome looming challenges to the innovation, competitiveness, and supply chain integrity of the United States in the area of microelectonics.

(c)

Briefings

Not later than 90 days after the date of the enactment of this Act—

(1)

the Secretary of Defense shall provide to the congressional defense committees a briefing on the progress of the Secretary in developing the strategy and implementation plan required under section 231(a) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 10 U.S.C. 2302 note); and

(2)

the Assistant to the President for National Security Affairs shall provide to the congressional defense committees a briefing on the progress of the Advisory Panel in developing the strategy required under subsection (b)(3).

248.

Acquisition of ethically and responsibly developed artificial intelligence technology

(a)

Assessment required

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense, acting through the Board of Directors of the Joint Artificial Intelligence Center established under section 224, shall conduct an assessment to determine whether the Department of Defense has the ability to ensure that any artificial intelligence technology acquired by the Department is ethically and responsibly developed.

(b)

Elements

The assessment conducted under paragraph (1) shall address the following:

(1)

Whether the Department of Defense has personnel with sufficient expertise, across multiple disciplines, to ensure the acquisition of ethically and responsibly developed artificial intelligence technology, including personnel with sufficient ethical, legal, and technical expertise to advise on the acquisition of such technology.

(2)

The feasibility and advisability of retaining outside experts as consultants to assist the Department in filling any gaps in expertise identified under paragraph (1).

(3)

The extent to which existing acquisition processes encourage or require consultation with relevant experts across multiple disciplines within the Department to ensure that artificial intelligence technology acquired by the Department is ethically and responsibly developed.

(4)

Quantitative and qualitative standards for assessing the extent to which experts across multiple disciplines are engaged in the acquisition of artificial intelligence technology by the Department.

(c)

Report

(1)

In general

Not later than 30 days after the date on which the Secretary completes the assessment under subsection (a), the Secretary shall submit to the congressional defense committees a report on the results of the assessment.

(2)

Elements

The report under paragraph (1) shall include, based on the results of the assessment—

(A)

an explanation of whether the Department of Defense has personnel with sufficient expertise, across multiple disciplines, to ensure the acquisition of ethically and responsibly developed artificial intelligence technology;

(B)

an explanation of whether the Department has adequate procedures to encourage or require the consultation of such experts as part of the acquisition process for artificial intelligence technology; and

(C)

with respect to any deficiencies identified under subparagraph (A) or subparagraph (B), a description of any measures that have been taken, and any additional resources that may be needed, to mitigate such deficiencies.

249.

Enhancement of public-private talent exchange programs in the Department of Defense

(a)

Public-private talent exchange.--

Section 1599g of title 10, United States Code is amended—

(1)

in subsection (b)(1), by amending subparagraph (C) to read as follows:

(C)

shall contain language ensuring that such employee of the Department does not improperly use information that such employee knows relates to a Department acquisition, or procurement for the benefit or advantage of the private-sector organization.

.

(2)

in subsection (f)—

(A)

in paragraph (2)—

(i)

by striking is deemed to be an employee of the Department of Defense for the purposes of and inserting is subject to;

(ii)

by striking subparagraph (D);

(iii)

by redesignating subparagraphs (E) and (F) as subparagraphs (D) and (E), respectively;

(B)

by striking paragraph (4);

(C)

by redesignating paragraph (5) as paragraph (4); and

(D)

by adding at the end the following new paragraph:

(5)

shall be required to file a Public Financial Disclosure Report (OGE Form 278) and the Public Financial Disclosure Report for a such a person and a description of any waivers provided to such person shall be made available on a publicly accessible website of the Department of Defense.

.

(b)

Application of exchange authority to artificial intelligence

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall take steps to ensure that the authority for the Department of Defense to operate a public-private talent exchange program pursuant to section 1599g of title 10, United States Code, is used to exchange personnel with private sector entities working on artificial intelligence applications. Such application of the authority of section 1599g shall be in addition to, not in lieu of, any other application of such authority by the Department of Defense.

(c)

Goals for program participation

In carrying out the requirement of subsection (b), the Secretary shall seek to achieve the following objectives:

(1)

In the Secretary of Defense Executive Fellows program, the nomination of an additional five uniformed service members and three government civilians by each service and by the Office of the Secretary of Defense, for sponsorship by private sector entities working on artificial intelligence applications.

(2)

For the public-private talent exchange program of the Under Secretary of Defense for Acquisition and Sustainment—

(A)

an additional ten government employees to work with private sector entities working on artificial intelligence applications; and

(B)

an additional ten employees of private sector entities working on artificial intelligence applications to work in the Department.

(3)

The establishment of the following new public-private talent exchange programs in the Office of the Secretary of Defense, comparable to the program referred to in paragraph (2)—

(A)

in the office of the Undersecretary of Defense for Research and Engineering, a program with twenty participants, focused on exchanges with private sector entities working on artificial intelligence applications.

(B)

in the office of the Chief Information Officer of the Department of Defense, a program with twenty participants, focused on exchanges with private sector entities working on artificial intelligence applications.

(4)

In the Army, Navy, and Marine Corps, the establishment of new public-private exchange programs, comparable to the Air Force Education with Industry Program, each with twenty program participants, focused on private sector entities working on artificial intelligence applications.

(d)

Treatment of program participants

(1)

The Army, Navy, and Marine Corps shall take steps to ensure that participation by a service member in a program described in subsection (c)(4) is treated, for purposes of promotion boards and subsequent assignments, as equivalent to attending resident professional military education.

(2)

The Secretary of Defense shall establish a public-private exchange program billet office to temporarily hold billets for civilian employees who participate in programs described in subsection (b), to ensure that participating Department of Defense offices are able to retain their staffing levels during the period of participation.

(e)

Briefing on expansion of existing exchange programs

Not later than 180 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall provide to the Committees on Armed Services of the Senate and the House of Representatives a briefing on the efforts undertaken to expand existing public-private exchange programs of the Department of Defense and to ensure that such programs seek opportunities for exchanges with private sector entities working on artificial intelligence applications, in accordance with the requirements of this section.

D

Sustainable Chemistry Research and Development

251.

Short title

This subtitle may be cited as the Sustainable Chemistry Research and Development Act of 2020.

252.

Findings

Congress finds that—

(1)

Congress recognized the importance and value of sustainable chemistry in section 114 of the American Innovation and Competitiveness Act (Public Law 114–329);

(2)

sustainable chemistry and materials transformation is a key value contributor to business competitiveness across many industrial and consumer sectors;

(3)

companies across hundreds of supply chains critical to the American economy are seeking to reduce costs and open new markets through innovations in manufacturing and materials, and are in need of new innovations in chemistry, including sustainable chemistry;

(4)

sustainable chemistry can improve the efficiency with which natural resources are used to meet human needs for chemical products while avoiding environmental harm, reduce or eliminate the emissions of and exposures to hazardous substances, minimize the use of resources, and benefit the economy, people, and the environment; and

(5)

a recent report by the Government Accountability Office (GAO–18–307) found that the Federal Government could play an important role in helping realize the full innovation and market potential of sustainable chemistry technologies, including through a coordinated national effort on sustainable chemistry and standardized tools and definitions to support sustainable chemistry research, development, demonstration, and commercialization.

253.

National coordinating entity for sustainable chemistry

(a)

Establishment

Not later than 180 days after the date of enactment of this Act, the Director of the Office of Science and Technology Policy shall convene an interagency entity (referred to in this subtitle as the Entity) under the National Science and Technology Council with the responsibility to coordinate Federal programs and activities in support of sustainable chemistry, including those described in sections 255 and 256.

(b)

Coordination with existing groups

In convening the Entity, the Director of the Office of Science and Technology Policy shall consider overlap and possible coordination with existing committees, subcommittees, or other groups of the National Science and Technology Council, such as—

(1)

the Committee on Environment;

(2)

the Committee on Technology;

(3)

the Committee on Science; or

(4)

related groups or subcommittees.

(c)

Co-chairs

The Entity shall be co-chaired by the Director of the Office of Science and Technology Policy and a representative from the Environmental Protection Agency, the National Institute of Standards and Technology, the National Science Foundation, or the Department of Energy, as selected by the Director of the Office of Science and Technology Policy.

(d)

Agency participation

The Entity shall include representatives, including subject matter experts, from the Environmental Protection Agency, the National Institute of Standards and Technology, the National Science Foundation, the Department of Energy, the Department of Agriculture, the Department of Defense, the National Institutes of Health, the Centers for Disease Control and Prevention, the Food and Drug Administration, and other related Federal agencies, as appropriate.

(e)

Termination

The Entity shall terminate on the date that is 10 years after the date of enactment of this Act.

254.

Strategic plan for sustainable chemistry

(a)

Strategic plan

Not later than 2 years after the date of enactment of this Act, the Entity shall—

(1)

consult with relevant stakeholders, including representatives from industry, academia, national labs, the Federal Government, and international entities, to develop and update, as needed, a consensus definition of sustainable chemistry to guide the activities under this subtitle;

(2)

develop a working framework of attributes characterizing and metrics for assessing sustainable chemistry, as described in subsection (b);

(3)

assess the state of sustainable chemistry in the United States as a key benchmark from which progress under the activities described in this subtitle can be measured, including assessing key sectors of the United States economy, key technology platforms, commercial priorities, and barriers to innovation;

(4)

coordinate and support Federal research, development, demonstration, technology transfer, commercialization, education, and training efforts in sustainable chemistry, including budget coordination and support for public-private partnerships, as appropriate;

(5)

identify any Federal regulatory barriers to, and opportunities for, Federal agencies facilitating the development of incentives for development, consideration, and use of sustainable chemistry processes and products;

(6)

identify major scientific challenges, roadblocks, or hurdles to transformational progress in improving the sustainability of the chemical sciences;

(7)

identify other opportunities for expanding Federal efforts in support of sustainable chemistry; and

(8)

review, identify, and make efforts to eliminate duplicative Federal funding and duplicative Federal research in sustainable chemistry.

(b)

Characterizing and assessing sustainable chemistry

The Entity shall develop a working framework of attributes characterizing and metrics for assessing sustainable chemistry for the purposes of carrying out the Act. In developing this framework, the Entity shall—

(1)

seek advice and input from stakeholders as described in subsection (c);

(2)

consider existing definitions of, or frameworks characterizing and metrics for assessing, sustainable chemistry already in use at Federal agencies;

(3)

consider existing definitions of, or frameworks characterizing and metrics for assessing, sustainable chemistry already in use by international organizations of which the United States is a member, such as the Organisation for Economic Co-operation and Development; and

(4)

consider any other appropriate existing definitions of, or frameworks characterizing and metrics for assessing, sustainable chemistry.

(c)

Consultation

In carrying out the duties described in subsections (a) and (b), the Entity shall consult with stakeholders qualified to provide advice and information to guide Federal activities related to sustainable chemistry through workshops, requests for information, or other mechanisms as necessary. The stakeholders shall include representatives from—

(1)

business and industry (including trade associations and small- and medium-sized enterprises from across the value chain);

(2)

the scientific community (including the National Academies of Sciences, Engineering, and Medicine, scientific professional societies, national labs, and academia);

(3)

the defense community;

(4)

State, Tribal, and local governments, including nonregulatory State or regional sustainable chemistry programs, as appropriate;

(5)

nongovernmental organizations; and

(6)

other appropriate organizations.

(d)

Report to congress

(1)

In general

Not later than 2 years after the date of enactment of this subtitle, the Entity shall submit a report to the Committee on Environment and Public Works, the Committee on Commerce, Science, and Transportation, and the Committee on Appropriations of the Senate, and the Committee on Science, Space, and Technology, the Committee on Energy and Commerce, and the Committee on Appropriations of the House of Representatives. In addition to the elements described in subsections (a) and (b), the report shall include—

(A)

a summary of federally funded, sustainable chemistry research, development, demonstration, technology transfer, commercialization, education, and training activities;

(B)

a summary of the financial resources allocated to sustainable chemistry initiatives by each participating agency;

(C)

an assessment of the current state of sustainable chemistry in the United States, including the role that Federal agencies are playing in supporting it;

(D)

an analysis of the progress made toward achieving the goals and priorities of this subtitle, and recommendations for future program activities;

(E)

an evaluation of steps taken and future strategies to avoid duplication of efforts, streamline interagency coordination, facilitate information sharing, and spread best practices among participating agencies; and

(F)

an evaluation of duplicative Federal funding and duplicative Federal research in sustainable chemistry, efforts undertaken by the Entity to eliminate duplicative funding and research, and recommendations on how to achieve these goals.

(2)

Submission to gao

The Entity shall also submit the report described in paragraph (1) to the Comptroller General of the United States for consideration in future Congressional inquiries.

(3)

Additional reports

The Entity shall submit a report to Congress and the Comptroller General of the United States that incorporates the information described in subparagraphs (a), (b), (d), (e), and (f) every three years, commencing after the initial report is submitted until the Entity terminates.

255.

Agency activities in support of sustainable chemistry

(a)

In general

The agencies participating in the Entity shall carry out activities in support of sustainable chemistry, as appropriate to the specific mission and programs of each agency.

(b)

Activities

The activities described in subsection (a) shall—

(1)

incorporate sustainable chemistry into existing research, development, demonstration, technology transfer, commercialization, education, and training programs, that the agency determines to be relevant, including consideration of—

(A)

merit-based competitive grants to individual investigators and teams of investigators, including, to the extent practicable, early career investigators for research and development;

(B)

grants to fund collaborative research and development partnerships among universities, industry, and nonprofit organizations;

(C)

coordination of sustainable chemistry research, development, demonstration, and technology transfer conducted at Federal laboratories and agencies;

(D)

incentive prize competitions and challenges in coordination with such existing Federal agency programs; and

(E)

grants, loans, and loan guarantees to aid in the technology transfer and commercialization of sustainable chemicals, materials, processes, and products;

(2)

collect and disseminate information on sustainable chemistry research, development, technology transfer, and commercialization, including information on accomplishments and best practices;

(3)

expand the education and training of students at appropriate levels of education, professional scientists and engineers, and other professionals involved in all aspects of sustainable chemistry and engineering appropriate to that level of education and training, including through—

(A)

partnerships with industry as described in section 256;

(B)

support for the integration of sustainable chemistry principles into chemistry and chemical engineering curriculum and research training, as appropriate to that level of education and training; and

(C)

support for integration of sustainable chemistry principles into existing or new professional development opportunities for professionals including teachers, faculty, and individuals involved in laboratory research (product development, materials specification and testing, life cycle analysis, and management);

(4)

as relevant to an agency’s programs, examine methods by which the Federal agencies, in collaboration and consultation with the National Institute of Standards and Technology, may facilitate the development or recognition of validated, standardized tools for performing sustainability assessments of chemistry processes or products;

(5)

through programs identified by an agency, support (including through technical assistance, participation, financial support, communications tools, awards, or other forms of support) outreach and dissemination of sustainable chemistry advances such as non-Federal symposia, forums, conferences, and publications in collaboration with, as appropriate, industry, academia, scientific and professional societies, and other relevant groups;

(6)

provide for public input and outreach to be integrated into the activities described in this section by the convening of public discussions, through mechanisms such as public meetings, consensus conferences, and educational events, as appropriate;

(7)

within each agency, develop or adapt metrics to track the outputs and outcomes of the programs supported by that agency; and

(8)

incentivize or recognize actions that advance sustainable chemistry products, processes, or initiatives, including through the establishment of a nationally recognized awards program through the Environmental Protection Agency to identify, publicize, and celebrate innovations in sustainable chemistry and chemical technologies.

(d)

Limitations

Financial support provided under this section shall—

(1)

be available only for pre-competitive activities; and

(2)

not be used to promote the sale of a specific product, process, or technology, or to disparage a specific product, process, or technology.

256.

Partnerships in sustainable chemistry

(a)

In general

The agencies participating in the Entity may facilitate and support, through financial, technical, or other assistance, the creation of partnerships between institutions of higher education, nongovernmental organizations, consortia, or companies across the value chain in the chemical industry, including small- and medium-sized enterprises, to—

(1)

create collaborative sustainable chemistry research, development, demonstration, technology transfer, and commercialization programs; and

(2)

train students and retrain professional scientists, engineers, and others involved in materials specification on the use of sustainable chemistry concepts and strategies by methods, including—

(A)

developing or recognizing curricular materials and courses for undergraduate and graduate levels and for the professional development of scientists, engineers, and others involved in materials specification; and

(B)

publicizing the availability of professional development courses in sustainable chemistry and recruiting professionals to pursue such courses.

(b)

Private sector participation

To be eligible for support under this section, a partnership in sustainable chemistry shall include at least one private sector organization.

(c)

Selection of partnerships

In selecting partnerships for support under this section, the agencies participating in the Entity shall also consider the extent to which the applicants are willing and able to demonstrate evidence of support for, and commitment to, the goals outlined in the strategic plan and report described in section 254.

(d)

Prohibited use of funds

Financial support provided under this section may not be used—

(1)

to support or expand a regulatory chemical management program at an implementing agency under a State law;

(2)

to construct or renovate a building or structure; or

(3)

to promote the sale of a specific product, process, or technology, or to disparage a specific product, process, or technology.

257.

Prioritization

In carrying out this subtitle, the Entity shall focus its support for sustainable chemistry activities on those that achieve, to the highest extent practicable, the goals outlined in the Act.

258.

Rule of construction

Nothing in this subtitle shall be construed to alter or amend any State law or action with regard to sustainable chemistry, as defined by the State.

259.

Major multi-user research facility project

Section 110 of the American Innovation and Competitiveness Act (42 U.S.C. 1862s-2) is amended by striking (g)(2) and inserting the following:

(2)

Major multi-user research facility project

The term major multi-user research facility project means a science and engineering facility project that exceeds $100,000,000 in total construction, acquisition, or upgrade costs to the Foundation.

.

E

Plans, Reports, and Other Matters

261.

Modification to annual report of the Director of Operational Test and Evaluation

Section 139(h)(2) of title 10, United States Code, is amended—

(1)

by striking Engineering,, and inserting Engineering,; and

(2)

by striking , through January 31, 2025.

262.

Repeal of quarterly updates on the Optionally Manned Fighting Vehicle program

Section 261 of the National Defense Authorization Act for Fiscal Year 2020 (Public law 116–92; 133 Stat. 1294) is repealed.

263.

Independent evaluation of personal protective and diagnostic testing equipment

(a)

Independent evaluation required

The Director of Operational Test and Evaluation shall conduct an independent evaluation of—

(1)

any processes used to test the effectiveness of covered personal protective and diagnostic testing equipment; and

(2)

the results of such tests.

(b)

Availability of information

The Secretary of Defense shall provide the Director of Operational Test and Evaluation with such information as may be necessary for the Director to conduct the evaluations required under subsection (a), including any relevant documentation relating to testing processes and test results for covered personal protective and diagnostic testing equipment.

(c)

Report to Congress

Not later than 30 days after the completion of each evaluation under subsection (a), the Director of Operational Test and Evaluation shall submit to the congressional defense committees a report on the results of the evaluation.

(d)

Covered personal protective and diagnostic testing equipment defined

In this section, the term covered personal protective and diagnostic testing equipment means any personal protective equipment or diagnostic testing equipment developed, acquired, or used by the Department of Defense—

(1)

in response to COVID–19; or

(2)

as part of any follow-on, long-term acquisition and distribution program for such equipment.

264.

Reports on F–35 physiological episodes and mitigation efforts

(a)

Study and report

(1)

In general

The Under Secretary of Defense for Acquisition and Sustainment shall conduct a study to determine the underlying causes of physiological episodes affecting crewmembers of F–35 aircraft.

(2)

Elements

The study under subsection (a) shall include—

(A)

an examination of each physiological episode reported by a crewmember of an F–35 aircraft as of the date of the enactment of this Act; and

(B)

a determination as to the underlying cause of the episode.

(3)

Report

Not later than 180 days after the date of the enactment of this Act, the Under Secretary of Defense for Acquisition and Sustainment shall submit to the congressional defense committees a report that includes—

(A)

the results the study conducted under subsection (a), including a description of each physiological episode examined under the study and an explanation of the underlying cause of the episode;

(B)

a description of any actions that may be taken to address the underlying causes of such episodes, including any resources that may be required to carry out such actions; and

(C)

any other findings and recommendations of the study.

(b)

Annual reports on mitigation efforts

The Secretary of Defense, in consultation with the Under Secretary of Defense for Acquisition and Sustainment, shall include with the annual report required by section 224(d) of the National Defense Authorization Act for Fiscal Year 2017 (Public Law 114–328; 130 Stat. 2059), a detailed description of—

(1)

the efforts of the Department of Defense to address physiological episodes affecting crewmembers of F–35 aircraft; and

(2)

the funding allocated for such efforts.

265.

Study on mechanisms for attracting and retaining high quality talent in the national security innovation base

(a)

Study required

The Secretary of Defense shall conduct a study to determine the feasibility of establishing a program to attract and retain covered individuals for employment in the national security innovation base.

(b)

Elements

The study required under subsection (a) shall include an analysis of—

(1)

mechanisms the Department of Defense may use to engage institutions of higher education to assist in the identification and recruitment of covered individuals for employment in the national security innovation base;

(2)

monetary and nonmonetary incentives that may be provided to retain covered individuals in positions in the national security innovation base;

(3)

methods that may be implemented to ensure the proper vetting of covered individuals;

(4)

the number of covered individuals needed to advance the competitiveness of the research, development, test, and evaluation efforts of the Department of Defense in the critical technologies identified in the National Defense Strategy; and

(5)

the type and amount of resources required to implement the program described in subsection (a).

(c)

Report

Not later than February 1, 2021, the Secretary of Defense shall submit to the congressional defense committees a report on the results of the study conducted under subsection (a).

(d)

Definitions

In this section:

(1)

The term national security innovation base the means the network of persons and organizations, including Federal agencies, institutions of higher education, federally funded research and development centers, defense industrial base entities, nonprofit organizations, commercial entities, and venture capital firms that are engaged in the military and nonmilitary research, development, funding, and production of innovative technologies that support the national security of the United States.

(2)

The term institution of higher education has the meaning given that term in section 101 of the Higher Education Act of 1965 (20 U.S.C. 1001).

(3)

The term covered individual means an individual who—

(A)

is employed by a United States employer and engaged in work to promote and protect the national security innovation base;

(B)

is engaged in basic or applied research, funded by the Department of Defense, through an institution of higher education in the United States; and

(C)

possesses scientific or technical expertise that will advance the development of critical technologies identified in the National Defense Strategy or the National Defense Science and Technology Strategy, required by section 218 of the John S. McCain National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 132 Stat. 1679).

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.

Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions

Section 183a(c) of title 10, United States Code, is amended—

(1)

by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively;

(2)

by inserting after paragraph (3) the following new paragraph (4):

(4)

If, after issuing the notices of presumed risk required by paragraphs (2) and (3), the Secretary of Defense later concludes for any reason that the energy project will not have an adverse impact on military readiness, the Clearinghouse shall notify the applicant and the governor in writing of that conclusion.

; and

(3)

in paragraph (7), as so redesignated, by striking Any setback for a project pursuant to the previous sentence shall not be more than what is determined to be necessary by a technical analysis conducted by the Lincoln Laboratory at the Massachusetts Institute of Technology or any successor entity..

312.

Military Aviation and Installation Assurance Clearinghouse for review of mission obstructions

Section 183a(c) of title 10, United States Code, is amended—

(1)

by redesignating paragraphs (4) through (6) as paragraphs (5) through (7), respectively; and

(2)

by inserting after paragraph (3) the following new paragraph (4):

(4)

If, after issuing the notices of presumed risk required by paragraphs (2) and (3), the Secretary of Defense later concludes for any reason that the energy project will not have an adverse impact on military readiness, the Clearinghouse shall notify the applicant and the governor in writing of that conclusion.

.

313.

Agreements to limit encroachments and other constraints on military training, testing, and operations

Section 2684a of title 10, United States Code, is amended—

(1)

in subsection (b), by striking An agreement under this section may be entered into with and inserting For purposes of this section, the term eligible entity means; and

(2)

in subsection (d)(1)(A), by striking the entity and inserting the eligible entity.

314.

Modification of Department of Defense environmental restoration authorities to include Federal Government facilities used by National Guard

Section 2707(e) of title 10, United States Code, as added by section 316 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92, is amended—

(1)

by inserting where military activities are conducted by the state National Guard under title 32, after facility; and

(2)

by adding at the end the following new sentence: The Secretary concerned may also utilize the authority in section 2701(d) of this title for these environmental restoration projects..

315.

Increased transparency through reporting on usage and spills of aqueous film-forming foam at military installations

(a)

In general

Chapter 160 of title 10, United States Code, is amended by adding at the end the following new section:

2712.

Reporting on usage and spills of aqueous film-forming foam

Not later than 48 hours after the Deputy Assistant Secretary of Defense for Environment receives notice of the usage or spill of aqueous film-forming foam, either as concentrate or mixed foam, at any military installation, the Deputy Assistant Secretary shall submit to the Committees on Armed Services of the Senate and House of Representatives notice of such usage or spill. Each such notice shall include each of the following:

(1)

The name of the installation where the usage or spill occurred.

(2)

The date on which the usage or spill occurred.

(3)

The amount, type, and specified concentration of aqueous film-forming foam that was used or spilled.

(4)

The cause of the usage or spill.

(5)

A summary narrative of the usage or spill.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by adding at the end the following new item:

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

.

316.

Replacement of non-tactical motor vehicles at the end of service life with electric or hybrid motor vehicles

Section 2922g of title 10, United States Code, is amended—

(1)

by redesignating subsections (b) and (c) as subsections (c) and (d), respectively;

(2)

by inserting after subsection (a) the following new subsection (b):

(b)

End of life replacement

Upon the end of the lease or service life of a motor vehicle, the Secretary of the military department or the head of the Defense Agency shall, to the maximum extent possible, replace such motor vehicle with a motor vehicle that uses an electric or hybrid propulsion system, including a plug-in hybrid system.

;

(3)

in subsection (c), as so redesignated, by striking Subsection (a) does not and inserting Subsections (a) and (b) do not; and

(4)

in subsection (d), as so redesignated, by striking The preference required by subsection (a) does not and inserting The preference under subsection (a) and the requirement under subsection (b) do not.

317.

Budgeting of Department of Defense relating to operational energy improvement

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

318.

Assessment of Department of Defense operational energy usage

(a)

In general

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

(b)

Elements

The assessment required under subsection (a) shall include—

(1)

an analysis of the extent to which the Department of Defense developed an integrated operational energy strategy and the extent to which each of the military departments has implemented such strategy;

(2)

an analysis of the viability of implementing net zero initiatives or meeting net zero goals within the operational energy enterprise without negatively impacting mission capability;

(3)

an analysis of fossil fuel reduction regimes that may maximize reduction of reliance on fossil fuels, including impacts of lowering the reliance on fossil fuels, decreasing the need for refueling convoys, overcoming the tyranny of distance within United States Indo-Pacific Command through hybrid or other fuel efficient propulsion systems, and energy production, storage, and distribution systems that enhance logistics supply chain resiliency;

(4)

a description of the options for achieving fossil fuel reduction benchmarks with respect to operational energy of 25 percent, 50 percent, 75 percent, and 100 percent, using fiscal year 2020 as the benchmark, including anticipated funding requirements, statutory requirements, infrastructure needs, and timeframes; and

(5)

an analysis of the integration between energy offices with program offices, budget, and operational planners within the Department of Defense and military departments, and recommendations for improving coordination.

(c)

Form of report

The report required under this section shall be submitted in unclassified form, but may contain a classified annex.

319.

Improvement of the operational energy capability improvement fund of the Department of Defense

(a)

Management of the operational energy capability improvement fund

The Under Secretary of Defense for Acquisition and 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 this placement facilitates better alignment between OECIF, 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 Under Secretary of Defense for Acquisition and 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.

320.

Five-year reviews of containment technologies relating to Red Hill Bulk Fuel Storage Facility

(a)

Reviews

(1)

Reviews required

At least once every five years, the Secretary of the Navy shall conduct a review of available technologies relating to the containment of fuel to determine whether any such technology may be used to improve the containment of fuel with respect to storage tanks located at the Red Hill Bulk Fuel Storage Facility, Hawaii.

(2)

Deadline for initial review

The Secretary shall begin the first review under paragraph (1) by not later than the date that is one year after the date of the enactment of this Act.

(b)

Briefings

Not later than 60 days after the date on which a review conducted under subsection (a) is completed, the Secretary shall provide to the congressional defense committees a briefing on—

(1)

any technology identified in such review that the Secretary determines may be used to improve the containment of fuel with respect to storage tanks located at the Red Hill Bulk Fuel Storage Facility; and

(2)

the feasibility and cost of implementing any such technology at the Red Hill Bulk Fuel Storage Facility.

(c)

Termination

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

321.

Limitation on use of funds for acquisition of furnished energy for Rhine Ordnance Barracks Army Medical Center

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

322.

Requirement to update Department of Defense climate change roadmap

(a)

In general

Not later than February 1, 2022, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives an update to the Department of Defense 2014 Climate Change Adaptation Roadmap. Such update shall include an outline of the strategy and implementation plan of the Department to address the current and foreseeable effects of climate change on the mission of the Department of Defense.

(b)

Elements of strategy and implementation plan

The strategy and implementation plan required to be included in the update under subsection (a) shall include—

(1)

a description of the overarching approach of the Department to climate adaptation and climate mitigation measures; and

(2)

a discussion of the current and foreseeable effects of climate change on—

(A)

plans and operations, including—

(i)

military readiness;

(ii)

increased frequency of extreme weather events, including flooding, drought, desertification, wildfires, thawing permafrost, hurricanes, and extreme heat;

(iii)

geopolitical instability caused by climate events, including extreme weather;

(iv)

increased demand for Defense Support for Civil Authorities and disaster or humanitarian relief operations;

(v)

the operating environment of the Arctic and of the strategic and geopolitical implications of a progressively more ice-free Arctic Ocean; and

(vi)

alteration or limitation on operation environments;

(B)

training and testing, including—

(i)

changes in land carrying capacity;

(ii)

increased maintenance and repair requirements for equipment and infrastructure;

(iii)

mitigation of heat stress and heat-related illnesses resulting from increasing temperatures;

(iv)

increased dust generation and fire hazards; and

(v)

maintaining testing and training capacity to support increased operations and civil support missions;

(C)

built and natural infrastructure, including—

(i)

military installation resilience, as such term is defined in section 101(e)(8) of title 10, United States Code, of installations both within and outside the United States and its possessions and territories and of the State-owned National Guard installations of the several States;

(ii)

resilience of the air and sea ports of our allies and partners that are critical to the training, deployment, and operations of the armed forces of the United States and its allies and partners;

(iii)

resilience of the deployment system and structure of the Department of Defense and of the United States, including the strategic highway network, the strategic rail network, and designated strategic air and sea ports;

(iv)

best practices for modeling and mitigating risks posed to military installations by increased inundation, erosion, flood, wind, and fire damage;

(v)

changing energy demand at military installations to include heating and cooling, particularly in communities experiencing grid stress;

(vi)

disruption and competition for reliable energy and water resources;

(vii)

increased maintenance and sustainment costs;

(viii)

damage to natural and constructed infrastructure from thawing permafrost and sea ice; and

(ix)

the effects of climate stress on community support infrastructure, including roads, transportation hubs, and medical facilities;

(D)

acquisition and supply chain, including—

(i)

measures to ensure that the current and projected future scale and impacts of climate change are fully considered in the research, development, testing, and acquisition of major weapon systems and of associated supplies and equipment;

(ii)

required alterations of stockpiles;

(iii)

reduced or changed availability and access to materials, equipment, and supplies, including water and food sources;

(iv)

disruptions in fuel availability and distribution;

(v)

estimated climate security investments required to address foreseeable costs incurred or influenced by climate change for each of the lines of effort in this report, including extreme weather response, over the next five, ten, and twenty years, with topline estimates and a qualitative discussion of cost drivers for each; and

(vi)

equipment and infrastructure investments required to address a changing Arctic environment; and

(E)

such other matters as the Secretary determines appropriate.

(c)

Assessments and projections of the scope and scale of climate change

In preparing the update to the climate change roadmap as required under subsection (a), the Secretary shall consider—

(1)

climate projections from the Global Change Research Office, National Climate Assessment, the National Oceanic and Atmospheric Administration, and other Federal agencies; and

(2)

data on, and analysis of, the national security effects of climate prepared by the Climate Security Advisory Council of the Office of the Director of National Intelligence established pursuant to section 120 of the National Security Act of 1947 (50 U.S.C. 3060) and by other elements of the intelligence community.

(d)

Form

The update to the climate change roadmap required under subsection (a) shall be submitted in an unclassified form, but may contain a classified annex. If the Secretary determines that the inclusion of a classified annex is necessary, the Secretary shall conduct an in-person briefing for Members of the Committees on Armed Services of the Senate and House of Representatives by not later than 90 days after date of the submission of the update.

323.

Comptroller General report on Department of Defense installation energy

(a)

GAO report

Not later than one year after the date of the enactment of this Act, the Comptroller General of the United States shall submit to the Committees on Armed Services of the Senate and House of Representatives a report on the progress of the Department of Defense toward reaching net zero goals, including an agency-wide view and breakdowns of progress by service branch.

(b)

Contents of report

The report required under subsection (a) shall include—

(1)

an analysis of the extent to which the Department of Defense has implemented net zero initiatives to date and developed a forward-looking integrated net zero strategy for energy, emissions, water, and waste management and the extent to which each of the military departments has implemented such strategy;

(2)

a description of the current challenges to implementing net zero initiatives or meeting net zero goals and the degree to which the Department of Defense and the military departments have addressed applied lessons learned;

(3)

a cost-benefit analysis of net zero initiatives, including a description of how such costs and benefits are identified, tracked, and validated;

(4)

a description of the feasibility of achieving net zero benchmarks of 25 percent, 50 percent, 75 percent, and 100 percent of the energy, emissions, water, and waste management levels for 2020, including anticipated funding requirements, statutory requirements, infrastructure needs, and timeframes; and

(5)

an analysis of the integration between energy offices with program offices, budget, and operational planners within the Department of Defense and military departments across the enterprise, and recommendations for improving coordination.

(c)

Form of report

The report required under this section shall be submitted in unclassified form, but may contain a classified annex.

324.

Department of Defense report on emissions levels

(a)

In general

Not later than 180 days after the date of the enactment of this Act, the Secretary of the Department of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives and to the Comptroller General a report on the total level of emissions for each of the last ten fiscal years. Such emissions levels shall include the agency-wide total, breakdowns by military department, and delineations between installation and operational emissions.

(b)

Form of report

The report required under this section shall be submitted in unclassified form, but may contain a classified annex.

325.

Objectives, performance standards, and criteria for use of wildlife conservation banking programs

(a)

In general

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

(b)

Deadline for regulations

The Secretary of the Interior, acting through the Director of the United States Fish and Wildlife Service, shall publish an advance notice of proposed rulemaking for the regulations required by subsection (a) by not later than one year after the date of the enactment of this Act.

326.

Offshore wind energy development, Morro Bay, California

(a)

Findings

Congress makes the following findings:

(1)

Since 2016, the Department of Defense and Department of the Navy have been working with State and Federal stakeholders to determine whether a commercial lease for the development of renewable energy off the coast of Morro Bay, California could be developed in a manner that is compatible with the training and readiness requirements of the Department of Defense.

(2)

Military readiness and the ability to conduct realistic training are critical to our national security; however, energy security and other ocean uses are also important. These interests should be balanced to the extent practicable when analyzing offshore energy proposals.

(3)

In August 2019, Members of Congress, the Assistant Secretary of Defense for Sustainment, senior officials from other Federal agencies, and state and local elected representatives met to discuss a path forward to accommodate wind energy development off the Central Coast of California while ensuring the Department of Defense was able to continue meeting its testing, training, and operational requirements.

(4)

Following the initial meeting in August 2019, the stakeholder group continued meeting at roughly monthly intervals through 2019 and into 2020 to discuss options and work towards a mutually agreeable solution for renewable energy development and continued military testing, training, and operational requirements off the Central Coast of California.

(5)

In May 2020, the Assistant Secretary of the Navy for Energy, Installations, and Environment notified stakeholders that despite the previous year of negotiations, it was his view any wind energy developments off the Central Coast of California may not be viewed as being compatible with military activities. This unilateral decision was made abruptly, without providing any supporting analysis or acknowledgment of the progress and commitments made during previous negotiations, and was not in the spirit of cooperation and collaboration that had driven the previous nine months of stakeholder engagements.

(6)

Stakeholder confidence in the Department of Defense review process is paramount. Abrupt and unilateral changes of course erode confidence and undermine the State, local, and industry trust in a fair, transparent, and predictable adjudication of potential conflicts.

(7)

In early 2019, in order to create continuity between the offshore and terrestrial processes, the Department of Defense consolidated its review of proposed energy development projects so that offshore energy proposals were now included in the Military Aviation and Installation Assurance Clearinghouse (the Clearinghouse). The Clearinghouse has a proven record for reviewing proposed energy development projects through a fair and transparent process. The Morro Bay proposal pre-dates this consolidation but underwent a similar Department of Defense led compatibility review.

(8)

Congress has generally supported the transparent and fair Clearinghouse review process, as well as all efforts between the Department of Defense and other stakeholders to reach solutions that allow for the development of energy projects in a manner that is compatible with military testing, training, and operational requirements.

(9)

Legislating a solution to a specific energy development proposal should only be reserved for rare occasions. Due to Navy’s abrupt and unilateral decision to walk away from productive negotiations, after months of good-faith efforts by other stakeholders and public engagement, the threshold for congressional intervention has been reached.

(b)

Responsibility

All interaction on behalf of the Department of the Navy with the California Energy Commission, Federal agencies, State and local governments, and potential energy developers regarding proposed offshore wind energy off the central coast of California shall be performed through the Office of the Under Secretary of Defense for Acquisition and Sustainment.

(c)

Briefing requirement; limitation

(1)

Briefing

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall provide to the Committees on Armed Services and the Committee on Natural Resources of the House of Representatives a briefing on status of the review by the Offshore Energy Working Group of the request to locate at least two offshore wind lease areas proximate to and within the Morro Bay Call Area. Such briefing shall include—

(A)

a detailed map that shows any areas identified;

(B)

proposed mitigations that would enable compatible development in the areas identified;

(C)

any unresolved issues; and

(D)

any other terms of the agreement reached with the California Energy Commission, other Federal agencies, State and local governments, and potential energy developers.

(2)

Limitation

The Secretary of Defense may not issue a final offshore wind assessment that proposes wind exclusion areas and may not object to an offshore energy project in the Central Coast of California that has filed for review by the Military Aviation and Installation Assurance Clearinghouse until the Secretary provides the briefing required under paragraph (1).

(d)

Limitation on use of funds

Of the amounts authorized to be appropriated by this Act or otherwise made available for the Department of Defense for fiscal year 2021, not more than 75 percent may be obligated or expended for the Office of the Assistant Secretary of the Navy for Energy, Installations, and Environment until the date that is 30 days after the date on which the briefing required under subsection (c)(1) is provided.

327.

Long-duration demonstration initiative and joint program

(a)

Establishment of initiative

Not later than January 15, 2021, the Director of the Environmental Security Technology Certification Program of the Department of Defense (hereinafter in this section referred to as the Director) may establish a demonstration initiative composed of demonstration projects focused on the development of long-duration energy storage technologies.

(b)

Selection of projects

To the maximum extent practicable, in selecting demonstration projects to participate in the demonstration initiative under subsection (a), the Director may—

(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.

(c)

Joint program

(1)

Establishment

As part of the demonstration initiative under subsection (a), the Director, in consultation with the Secretary of Energy, may 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 may enter into a memorandum of understanding with the Secretary of Energy to administer the joint program.

(3)

Infrastructure

In carrying out the joint program, the Director and the Secretary of Energy may—

(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 Secretary of Energy may 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 Secretary of Energy may—

(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, operationally-scaled projects, adapting commercially-proven technology that meets military service defined requirements; and

(II)

smaller, lower-cost projects.

(B)

Priority

In carrying out the joint program, the Director and the Secretary of Energy may 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 as field demonstrations fully integrated into the installation grid at an operational scale.

328.

Prizes for development of non-PFAS-containing fire-fighting agent

(a)

Authority

The Secretary of Defense, acting through the Assistant Secretary of Defense for Sustainment and the Strategic Environmental Research and Development Program, may carry out a program to award cash prizes and other types of prizes that the Secretary determines are appropriate to recognize outstanding achievements in the development of a non-PFAS-containing fire-fighting agent to replace aqueous film-forming foam with the potential for application to the performance of the military missions of the Department of Defense.

(b)

Competition requirements

A program under subsection (a) shall use a competitive process for the selection of recipients of cash prizes. The process shall include the widely-advertised solicitation of submissions of research results, technology developments, and prototypes.

(c)

Limitations

The following limitations shall apply to a program under subsection (a):

(1)

No prize competition may result in the award of a prize with a fair market value of more than $5,000,000.

(2)

No prize competition may result in the award of more than $1,000,000 in cash prizes without the approval of the Assistant Secretary of Defense for Sustainment.

(3)

No prize competition may result in the award of a solely nonmonetary prize with a fair market value of more than $10,000 without the approval of the Assistant Secretary of Defense for Sustainment.

(d)

Relationship to other authority

A program under subsection (a) may be carried out in conjunction with or in addition to the exercise of any other authority of the Department of Defense.

(e)

Use of prize authority

Use of prize authority under this section shall be considered the use of competitive procedures for the purposes of section 2304 of title 10, United States Code.

(f)

PFAS

In this section, the term PFAS means—

(1)

man-made chemicals of which all of the carbon atoms are fully fluorinated carbon atoms; and

(2)

man-made chemicals containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.

(g)

Termination

The authority to carry out a program under this section shall terminate on October 1, 2024.

329.

Survey of technologies for Department of Defense application in phasing out the use of fluorinated aqueous film-forming foam

(a)

Survey of technologies

The Secretary of Defense shall conduct a survey of relevant technologies, other than fire-fighting agent solutions, to determine whether any such technologies are available and can be adapted for use by the Department of Defense to facilitate the phase-out of fluorinated aqueous film-forming foam. The technologies surveyed under this subsection shall include hangar flooring systems, fire-fighting agent delivery systems, containment systems, and other relevant technologies the Secretary determines appropriate.

(b)

Report

Not later than one year after the date of enactment of this Act, the Secretary shall submit to the congressional defense committees a report on the results of the survey conducted under subsection (a). Such report shall include—

(1)

a description of the technologies included in the survey;

(2)

a list of the technologies that were considered for further testing or analysis; and

(3)

any technologies that are undergoing additional analysis for possible application within the Department.

330.

Interagency body on research related to per- and polyfluoroalkyl substances

(a)

Establishment

The Director of the Office of Science and Technology Policy, acting through the National Science and Technology Council, shall establish an interagency working group to coordinate Federal activities to advance research and development needed to address PFAS.

(b)

Agency participation

The interagency working group shall include a representative of each—

(1)

the Environmental Protection Agency;

(2)

the National Institute of Environmental Health Sciences;

(3)

the Agency for Toxic Substances and Disease Registry;

(4)

the National Science Foundation;

(5)

the Department of Defense;

(6)

the National Institutes of Health;

(7)

the National Institute of Standards and Technology;

(8)

the National Oceanic and Atmospheric Administration;

(9)

the Department of Interior;

(10)

the Department of Transportation;

(11)

the Department of Homeland Security;

(12)

the National Aeronautics and Space Administration;

(13)

the National Toxicology Program;

(14)

the Department of Agriculture;

(15)

the Geological Survey;

(16)

the Department of Commerce;

(17)

the Department of Energy;

(18)

the Office of Information and Regulatory Affairs;

(19)

the Office of Management and Budget; and

(20)

any such other Federal department or agency as the President considers appropriate.

(c)

Co-chairs

The Interagency working group shall be co-chaired by the Director of the Office of Science and Technology Policy and, on an annual rotating basis, a representative from a Member agency, as selected by the Director of the Office of Science and Technology Policy.

(d)

Responsibilities of the working group

The interagency working group established under subsection (a) shall—

(1)

provide for interagency coordination of Federally funded PFAS research and development; and

(2)

not later than 12 months after the date of enactment of this Act, develop a strategic plan for Federal support for PFAS research and development (to be updated not less than every 2 years) that—

(A)

identifies all current Federally funded PFAS research and development, including the nature and scope of such research and development and the amount of funding associated with such research and development during the current fiscal year, disaggregated by agency;

(B)

identifies scientific and technological challenges that must be addressed to understand and to significantly reduce the environmental and human health impacts of PFAS and to identify cost-effective—

(i)

alternatives to PFAS that are designed to be safer and more environmentally friendly;

(ii)

methods for removal of PFAS from the environment; and

(iii)

methods to safely destroy or degrade PFAS;

(C)

establishes goals, priorities, and metrics for Federally funded PFAS research and development that takes into account the current state of research and development identified in paragraph (A) and the challenges identified in paragraph (B); and

(D)

an implementation plan for Federal agencies.

(e)

Consultation

In developing the strategic plan under subsection (d), the interagency working group shall consult with states, tribes, territories, local governments, appropriate industries, academic institutions and nongovernmental organizations with expertise in PFAS research and development, treatment, management, and alternative development.

(f)

Annual report

For each fiscal year beginning with fiscal year 2022, not later than 90 days after submission of the President’s annual budget request for such fiscal year, the Interagency working group shall prepare and submit to Congress a report that includes—

(1)

a summary of Federally funded PFAS research and development for such fiscal year and the preceding fiscal year, including a disaggregation of spending for each participating Federal agency; and

(2)

a description of how Federal agencies are implementing the strategic plan described in subsection (d).

(g)

PFAS research and development

The term PFAS research and development includes any research or project that has the goal of accomplishing the following:

(1)

The removal of PFAS from the environment.

(2)

The safe destruction or degradation of PFAS.

(3)

The development and deployment of safer and more environmentally friendly alternative substances that are functionally similar to those made with PFAS.

(4)

The understanding of sources of environmental PFAS contamination and pathways to exposure for the public.

(5)

The understanding of the toxicity of PFAS to humans and animals.

331.

Restriction on procurement by defense logistics agency of certain items containing perfluoroalkyl substances and polyfluoroalkyl substances

(a)

Prohibition

The Director of the Defense Logistics Agency may not procure any covered item containing a perfluoroalkyl substance or polyfluoroalkyl substance.

(b)

Definitions

In this section:

(1)

The term covered item means—

(A)

non-stick cookware or food service ware for use in galleys or dining facilities;

(B)

food packaging materials;

(C)

furniture or floor waxes;

(D)

carpeting, rugs, or upholstered furniture;

(E)

personal care items;

(F)

dental floss; and

(G)

sunscreen.

(2)

The term perfluoroalkyl substance means a man-made chemical of which all of the carbon atoms are fully fluorinated carbon atoms.

(3)

The term polyfluoroalkyl substance means a man-made chemical containing a mix of fully fluorinated carbon atoms, partially fluorinated carbon atoms, and nonfluorinated carbon atoms.

(c)

Effective date

This section shall take effect on the date that is one year after the date of the enactment of this Act.

332.

Standards for removal or remedial actions with respect to PFOS or PFOA contamination

(a)

In general

In conducting removal or remedial actions pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et seq.) or section 332 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) of PFOS or PFOA contamination from Department of Defense or National Guard activities found in drinking water or in groundwater that is not currently used for drinking water, the Secretary of Defense shall ensure that such actions result in a level that meets or exceeds the most stringent of the following standards for PFOS or PFOA in any environmental media:

(1)

An enforceable State standard, in effect in that State, for drinking, surface, or ground water, as described in section 121(d)(2)(A)(ii) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(ii)).

(2)

An enforceable Federal standard for drinking, surface, or ground water, as described in section 121(d)(2)(A)(i) of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9621(d)(2)(A)(i)).

(3)

A health advisory under section 1412(b)(1)(F) of the Safe Drinking Water Act (42 U.S.C. 300g–1(b)(1)(F)).

(b)

Definitions

In this section:

(1)

The term PFOA means perfluorooctanoic acid.

(2)

The term PFOS means perfluorooctane sulfonate.

(3)

The terms removal and remedial action have the meanings given those terms in section 101 of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9601).

(c)

Savings clause

Except with respect to the specific level required to be met under subsection (a), nothing in this section affects the application of the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (42 U.S.C. 9607).

333.

Research and development of alternative to aqueous film-forming foam

(a)

In general

The Secretary of Defense, acting through the National Institute of Standards and Technology and in consultation with appropriate stakeholders and manufactures, research institutions, and other Federal agencies shall award grants and carry out other activities to—

(1)

promote and advance the research and development of additional alternatives to aqueous film-forming foam (in this section referred to as AFFF) containing per- and polyfluoroalkyl substances (in this section referred to as PFAS) to facilitate the development of a military specification and subsequent fielding of a PFAS-free fire-fighting foam;

(2)

advance the use of green and sustainable chemistry for a fluorine-free alternative to AFFF;

(3)

increase opportunities for sharing best practices within the research and development sector with respect to AFFF;

(4)

assist in the testing of potential alternatives to AFFF; and

(5)

provide guidelines on priorities with respect to an alternative to AFFF.

(b)

Additional requirements

In carrying out the program required under subsection (a), the Secretary shall—

(1)

take into consideration the different uses of AFFF and the priorities of the Department of Defense in finding an alternative;

(2)

prioritize green and sustainable chemicals that do not pose a threat to public health or the environment; and

(3)

use and leverage research from existing Department of Defense programs.

(c)

Report

The Secretary shall submit to Congress a report on—

(1)

the priorities and actions taken with respect to finding an alternative to AFFF and the implementation of such priorities; and

(2)

any alternatives the Secretary has denied, and the reason for any such denial.

(d)

Use of funds

This section shall be carried out using amounts authorized to be available for the Strategic Environmental Research and Development Program.

334.

Notification to agricultural operations located in areas exposed to Department of Defense PFAS use

(a)

Notification required

Not later than 60 days after the date of the enactment of this Act, the Secretary of Defense, in consultation with the Secretary of Agriculture, shall provide a notification described in subsection (b) to any agricultural operation located within 10 square miles of a location where covered PFAS—

(1)

has been detected in groundwater;

(2)

has been hydrologically linked to a local water source, including a water well; and

(3)

is suspected to be, or due to a positive test known to be, the result of the use of PFAS at any installation of the Department of Defense located in the United States or any State-owned facility of the National Guard.

(b)

Notification requirements

The notification required under subparagraph (a) shall include:

(1)

The name of the Department of Defense or National Guard installation from which the PFAS contamination in groundwater originated.

(2)

The specific type of PFAS detected in groundwater.

(3)

The detection levels of PFAS detected.

(4)

Relevant governmental information regarding the health and safety of the covered PFAS detected, including relevant Federal or State standards for PFAS in groundwater, livestock, food commodities and drinking water, and any known restrictions for sale of agricultural products that have been irrigated or watered with water containing PFAS.

(c)

Additional testing results

The Secretary of Defense shall provide to an agricultural operation that receives a notice under subsection (a) any pertinent updated information, including any results of new elevated testing, by not later than 15 days after receiving such information.

(d)

Report to Congress

Not later than 90 days after the date of the enactment of this Act, and annually thereafter, the Secretary of Defense shall submit to the Committee on Agriculture, Nutrition, and Forestry of the Senate and the Committee on Agriculture of the House of Representatives a report on the status of providing notice under subsection (a). Such report shall include, for the period covered by the report—

(1)

the approximate locations of such operations relative to installations of the Department of Defense located in the United States and State-owned facilities of the National Guard;

(2)

the PFAS substances detected in groundwater; and

(3)

the levels of PFAS detected.

(e)

Definitions

In this section:

(1)

The term covered PFAS means each of the following:

(A)

Perfluorooctanoic acid (commonly referred to as PFOA) (Chemical Abstracts Service No. 335–67–1).

(B)

Perfluorooctane sulfonic acid (commonly referred to as PFOS) (Chemical Abstracts Service No. 1763–23–1).

(C)

Perfluorobutanesulfonic acid ( commonly referred to as PFBS) (Chemical Abstracts Service No. 375-73-5).

(D)

Perfluorohexane sulfonate (commonly referred to as PFHxs) (Chemical Abstracts Service No. 108427-53-8).

(E)

Perfluoroheptanoic acid (commonly referred to as PFHpA) (Chemical Abstracts Service No. 375-85-9).

(F)

Perfluorohexanoic acid (commonly referred to as PFHxA) (Chemical Abstracts Service No. 307-24-4).

(G)

Perfluorodecanoic acid (commonly referred to as PFDA) (Chemical Abstracts Service No. 335-76-2).

(H)

Perfluorononanoic acid (commonly referred to as PFNA) (Chemical Abstracts Service No. 375-95-1).

(2)

The term PFAS means a perfluoroalkyl or polyfluoroalkyl substance with at least one fully fluorinated carbon atom, including the chemical GenX.

335.

Public disclosure of results of Department of Defense testing for perfluoroalkyl or polyfluoroalkyl substances

(a)

Public disclosure of pfas testing

The Secretary of Defense shall publicly disclose the results of any testing for perfluoroalkyl or polyfluoroalkyl substances (commonly referred to as PFAS) conducted on military installations or formerly used defense sites, including—

(1)

all such testing results conducted by the Department of Defense; and

(2)

all such testing results conducted by a non-Department entity (including any Federal agency and any public or private entity) under contract by or pursuant to an agreement with the Department of Defense.

(b)

Nature of disclosure

The Secretary of Defense may satisfy the disclosure requirement under subsection (a) by publishing the information, datasets, and results relating to the testing referred to in such subsection—

(1)

on the publicly available website established under section 331(b) of the National Defense Authorization Act of 2020 (Public Law 116–92);

(2)

on another publicly available website of the Department of Defense; or

(3)

in the Federal Register.

(c)

Requirements

The information required to be disclosed by the Secretary of Defense under subsection (a) and published under subsection (b) shall—

(1)

constitute a record for the purposes of chapter 21, 29, 31, and 33 of title 44, United States Code; and

(2)

include any underlying datasets or additional information of interest to the public, as determined by the Secretary of Defense.

(d)

Local notification

Prior to conducting any testing for perfluoroalkyl or polyfluoroalkyl substances, the Secretary of Defense shall provide to the managers of the public water system and the publicly owned treatment works serving the areas located immediately adjacent to the military installation where such testing is to occur notice in writing of the testing.

(e)

Definitions

In this section:

(1)

The term formerly used defense site means any site formerly used by the Department of Defense or National Guard eligible for environmental restoration by the Secretary of Defense funded under the Environmental Restoration Account, Formerly Used Defense Sites account established under section 2703(a)(5) of title 10, United States Code.

(2)

The term military installation has the meaning given such term in section 2801(c)(4) of title 10, United States Code.

(3)

The term perfluoroalkyl or polyfluoroalkyl substance means any per or polyfluoroalkyl substance with at least one fully fluorinated carbon atom.

(4)

The term public water system has the meaning given such term under section 1401(4) of the Safe Drinking Water Act (42 U.S.C. 300f(4)).

(5)

The term treatment works has the meaning given such term in section 212(2) of the Federal Water Pollution Control Act (33 U.S.C. 1292(2)).

C

Logistics and Sustainment

351.

National Defense Sustainment and Logistics Review

(a)

In general

Chapter 2 of title 10, United States Code, is amended by inserting after section 118 the following new section:

118a.

National Defense Sustainment and Logistics Review

(a)

Quadrennial review required

Two years after the submittal of each national defense strategy under section 113(g) of this title, the Secretary of Defense shall conduct a comprehensive review of the sustainment and logistics requirements necessary to support the force structure, force modernization, infrastructure, and other elements of the defense program and policies of the United States during the subsequent 5-, 10-, and 25-year periods. Each such review shall be known as the National Defense Sustainment and Logistics Review. Each such review shall be conducted in consultation with the Secretaries of the military departments, the chief of the armed services, the Commander of United States Transportation Command, and the Commander of the Defense Logistics Agency.

(b)

Report to Congress

(1)

Not later than the first Monday in February of the year following the fiscal year during which the review required by subsection (a) is submitted, the Secretary shall submit to the congressional defense committees a report on the review. Each such report shall include each of the following:

(A)

An assessment of the strategic and tactical maritime logistics force (including non-military assets provided by Military Sealift Command and through the Voluntary Intermodal Sealift Agreement) required to support sealift and at sea logistics requirements of forces to meet steady state and contingency requirements.

(B)

An assessment of the strategic and tactical airlift and tankers (including non-military assets provided by the Civil Reserve Air Fleet and through the Voluntary Tanker Agreement) required to support movement of forces to meet steady state and contingency requirements.

(C)

An assessment of the location, configuration, and inventory of prepositioned materiel and equipment programs required to meet steady state and contingency requirements.

(D)

An assessment of the location, infrastructure, and storage capacity for petroleum, oil, and lubricant products, as well as the ability to distribute such products from storage supply points to deployed military forces, required to meet steady state and contingency requirements.

(E)

An assessment of the capabilities, capacity, and infrastructure of the Department of Defense organic industrial base and private sector industrial base required to meet steady-state and surge software and depot maintenance requirements.

(F)

An assessment of the production capability, capacity, and infrastructure, of the Department of Defense organic industrial base and private sector industrial base required to meet steady-state and surge production requirements for ammunition and other military munitions.

(G)

An assessment of the condition, capacity, and location of military infrastructure required to project military forces to meet steady-state and contingency requirements.

(H)

An assessment of the cybersecurity risks to military and commercial logistics networks and information technology systems.

(I)

An assessment of the gaps between the requirements identified under subparagraphs (A) through (H) compared to the actual force structure and infrastructure capabilities, capacity, and posture and the risks associated with each gap as it relates to the ability to meet the national defense strategy.

(J)

A discussion of the identified mitigations being pursued to address each gap and risk identified under subparagraph (I) as well as the initiatives and resources planned to address such gaps, as included in the Department of Defense budget request submitted during the same year as the report and the applicable future-years defense program.

(K)

An assessment of the extent to which wargames conducted by the Department of Defense, Joint Staff, geographic combatant commands, and military departments incorporate logistics capabilities and threats and a description of the logistics constraints to operations identified through such wargames.

(L)

Such other matters the Secretary of Defense considers appropriate.

(2)

The report required under this subsection shall be submitted in classified form and shall include an unclassified summary.

(c)

Comptroller General review

Not later than 180 days after the date on which Secretary submits each report required under subsection (b), the Comptroller General shall submit to the congressional defense committees a report that includes an assessment of each of the following:

(1)

Whether the report includes each of the elements referred to in subsection (b).

(2)

The strengths and weaknesses of the approach and methodology used in conducting the review required under subsection (a) that is covered by the report.

(3)

Any other matters relating to sustainment that may arise from the report, as the Comptroller General considers appropriate.

(d)

Relationship to budget

Nothing in this section shall be construed to affect section 1105(a) of title 31.

(e)

Termination

The requirement to submit a report under this section shall terminate on the date that is 10 years after the date of the enactment of this section.

.

(b)

Clerical amendment

The table of sections at the beginning of such chapter is amended by inserting after the item relating to section 118 the following new item:

118a. National Defense Sustainment and Logistics Review.

.

(c)

Deadline for submittal of first report

Notwithstanding the deadline in subsection (b)(1) of section 118a of title 10, United States Code, the Secretary of Defense shall submit the first report under such section by no later than the date that is 18 months after the date of the enactment of this Act.

352.

Extension of sunset relating to charter air transportation services

Section 9515(k) of title 10, United States Code, is amended by striking 2020 and inserting 2025.

353.

Additional elements for inclusion in Navy ship depot maintenance budget report

Section 363(b) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92) is amended by adding at the end the following new paragraphs:

(6)

The execution of the planned schedule, categorized by class of ship, for each of the three preceding fiscal years, including—

(A)

the actual contract award compared to the milestone;

(B)

the planned completion date compared to the actual completion date; and

(C)

each regional maintenance center’s availability schedule performance for on-time availability completion.

(7)

In accordance with the findings of the Government Accountability Office (GAO 20-370)—

(A)

in 2021, an analysis plan for the evaluation of pilot program availabilities funded by the Other Procurement, Navy account; and

(B)

in 2022, a report on the Navy’s progress implementing such analysis plan.

.

354.

Modification to limitation on length of overseas forward deployment of naval vessels

Section 323(b) of the National Defense Authorization Act for Fiscal Year 2019 (Public Law 115–232; 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.

355.

Independent advisory panel on weapon system sustainment

(a)

Establishment

The Secretary of Defense shall establish an independent advisory panel (in this section referred to as the panel) on the weapon system sustainment ecosystem. The National Defense University and the Defense Acquisition University shall sponsor the panel, including by providing administrative support.

(b)

Membership

(1)

Composition

The panel shall be comprised of nine members, of whom—

(A)

five shall be appointed by the Secretary of Defense;

(B)

one shall be appointed by the Chairman of the Committee on Armed Services of the Senate;

(C)

one shall be appointed by the Ranking Member of the Committee on Armed Services of the Senate;

(D)

one shall be appointed by the Chairman of the Committee on Armed Services of the House of Representatives; and

(E)

one shall be appointed by the Ranking Member of the Committee on Armed Services of the House of Representatives.

(2)

Expertise

In making appointments under this subsection, consideration should be given to individuals with expertise in public and private-sector acquisition, sustainment, and logistics policy in aviation, ground, maritime systems, and space systems and their related components.

(3)

Appointment date

The appointment of the members of the panel shall be made not later than 120 days after the date of the enactment of this Act.

(c)

Duties

The panel shall—

(1)

review the weapon system sustainment ecosystem from development, production, and sustainment of the weapon system through use in the field, depot and field-level maintenance, modification, and disposal with a goal of—

(A)

maximizing the availability and mission capabilities of weapon systems;

(B)

reducing overall life-cycle costs of weapon systems during fielding, operation and sustainment; and

(C)

aligning weapon system sustainment functions to the most recent national defense strategy submitted pursuant to section 113 of title 10, United States Code; and

(2)

using information from the review of the weapon system sustainment ecosystem, make recommendations related to statutory, regulatory, policy, or operational best practices the panel considers necessary.

(d)

Report

(1)

Interim report

Not later than one year after the date on which all members of the panel have been appointed, the panel shall provide to the Secretary of Defense and the Committees on Armed Services of the Senate and House of Representatives a briefing on the interim findings and recommendations of the panel.

(2)

Final report

Not later than two years after the date on which all members of the panel have been appointed, the panel shall submit to the Secretary of Defense and the Committees on Armed Services of the Senate and House of Representatives a report setting for a detailed statement of the findings and conclusions the panel as a result of the review described in subsection (c), together with such recommendations related to statutory, regulatory, policy, or operational practices as the panel considers appropriate in light of the results of the review.

(e)

Administrative matters

(1)

In general

The Secretary of Defense shall provide the panel with timely access to appropriate information, data, resources, analysis, and logistics support so that the panel may conduct a thorough and independent assessment as required under this section.

(2)

Effect of lack of appointment by appointment date

If any member has not been appointed by the date specified in subsection (b)(3), the authority to appoint such member under subsection (b)(1) shall expire, and the number of members of the panel shall be reduced by the number equal to the number of appointments so not made.

(3)

Period of appointment; vacancies

Members of the panel shall be appointed for the duration of the panel. Any vacancy in the panel shall not affect its powers, but shall be filled in the same manner as the original appointment.

(4)

Chair

The panel shall select a Chair from among its members. The Chair may not be a Federal officer or employee.

(f)

Termination

The panel shall terminate 90 days after the date on which the panel submits the report required under subsection (d)(2).

356.

Biannual briefings on status of Shipyard Infrastructure Optimization Plan

(a)

Briefings required

During the period beginning on July 1, 2020, and ending on July 1, 2025, the Secretary of the Navy shall provide to the congressional defense committees biannual briefings on the status of the Shipyard Infrastructure Optimization Plan.

(b)

Elements of briefings

Each briefing under subsection (a) shall include a discussion of the status of each of the following elements:

(1)

A master plan for infrastructure development, including projected military construction and capital equipment projects.

(2)

A planning and design update for military construction, minor military construction, and facility sustainment projects over the subsequent five-year period.

(3)

A human capital management and development plan.

(4)

A workload management plan that includes synchronization requirements for each shipyard and ship class.

(5)

Performance metrics and an assessment plan.

(6)

A funding and authority plan that includes funding lines across the future years defense program.

357.

Materiel readiness metrics and objectives for major weapon systems

(a)

In general

Section 118 of title 10, United States Code is amended—

(1)

by amending the section heading to read as follows: Materiel readiness metrics and objectives for major weapon systems;

(2)

by striking Not later than five days and inserting the following:

(d)

Budget justification

Not later than five days

;

(3)

by inserting before subsection (d) (as designated by paragraph (2)) the following new subsections:

(a)

Materiel readiness metrics

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

(1)

the strategic framework required by section 113(g)(1)(B)(vii) of this title; and

(2)

guidance issued by the Secretary of Defense pursuant to section 113(g)(1)(B) of this title.

(b)

Required metrics

At a minimum, the materiel readiness metrics required by subsection (a) shall address the materiel availability, operational availability, operational capability, and materiel reliability of each major weapon system by designated mission, design series, variant, or class.

(c)

Materiel readiness objectives

(1)

Not later than one year after the date of the enactment of this Act, each head of an element described in subsection (a) shall establish the metrics required by subsection (b) necessary to support the strategic framework and guidance referred to in paragraph (1) and (2) of subsection (a).

(2)

Annually, each head of an element described in subsection (a) shall review and revise the metrics required by subsection (b) and include any such revisions in the materials submitted to Congress in support of the budget of the President under section 1105 of title 31.

;

(4)

in subsection (d) (as designated by paragraph (2))—

(A)

in paragraph (1)—

(i)

by striking materiel reliability, and mean down time metrics for each major weapons system and inserting operational availability, and materiel reliability for each major weapon system; and

(ii)

by inserting and at the end;

(B)

in paragraph (2), by striking ; and and inserting a period at the end; and

(C)

by striking paragraph (3); and

(5)

by adding at the end the following new subsection:

(e)

Definitions

In this section:

(1)

The term major weapon system has the meaning given in section 2379(f) of this title.

(2)

The term materiel availability means a measure of the percentage of the total inventory of a major weapon system that is operationally capable of performing an assigned mission.

(3)

The term materiel reliability means the probability that a major weapon system will perform without failure over a specified interval.

(4)

The term operational availability means a measure of the percentage of time a major weapon system is operationally capable.

(5)

The term operationally capable means a materiel condition indicating that a major weapon system is capable of performing its assigned mission and has no discrepancies with a subsystem of a major weapon system.

.

(b)

Clerical amendment

The table of sections at the beginning of chapter 2 of title 10, United States Code, is amended by striking the item relating to section 118 and inserting the following new item:

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

.

(c)

Briefing

Not later than October 1, 2021, the Secretary of Defense shall brief the congressional defense committees regarding the implementation of the materiel readiness metrics required under section 118 of title 10, United States Code, as amended by subsection (a).

D

Munitions Safety and Oversight

361.

Chair of Department of Defense explosive safety board

(a)

Responsibilities

Section 172 of title 10, United States Code, is amended by adding at the end the following new subsections:

(c)

Responsibilities of chair

The chair of the explosive safety board shall carry out the following responsibilities:

(1)

To act as the principal executive representative and advisor of the Secretary on explosive and chemical agent safety matters related to Department of Defense military munitions.

(2)

To perform the hazard classification approval duties assigned to the chair.

(3)

To preside over meetings of the explosive safety board.

(4)

To direct the staff of the explosive safety board.

(5)

To performs other functions relating to explosives safety management, as directed by the Assistant Secretary of Defense for Sustainment.

(6)

To provide impartial and objective advice related to explosives safety management to the Secretary of Defense and the heads of the military departments.

(7)

To serve as the principal representative and advisor of the Department of Defense on matters relating to explosives safety management.

(8)

To provide assistance and advice to the Under Secretary of Defense for Acquisition and Sustainment and the Deputy Director of Land Warfare and Munitions in munitions acquisition oversight and technology advancement for Department of Defense military munitions, especially in the areas of explosives and chemical agent safety and demilitarization.

(9)

To provide assistance and advice to the Assistant Secretary of Defense for Logistics and Material Readiness in sustainment oversight of Department of Defense military munitions, especially in the areas of explosives and chemical agent safety, storage, transportation, and demilitarization.

(10)

To develop and recommend issuances to define the functions of the explosive safety board.

(11)

To establishes joint hazard classification procedures with covered components of the Department.

(12)

To make recommendations to the Under Secretary of Defense for Acquisition and Sustainment with respect to explosives and chemical agent safety tenets and requirements.

(13)

To conducts oversight of Department of Defense explosive safety management programs.

(14)

To carry out such other responsibilities as the Secretary of Defense determines appropriate.

(d)

Responsibilities of executive director and civilian members

The executive director and civilian members of the explosive safety board shall—

(1)

provide assistance to the chair in carrying out the responsibilities specified in subsection (c); and

(2)

carry out such other responsibilities as the chair determines appropriate.

(e)

Meetings

(1)

The explosive safety board shall meet not less frequently than quarterly.

(2)

The chair shall submit to the congressional defense committees an annual report describing the activities conducted at the meetings of the board.

(f)

Exclusive responsibilities

The explosive safety board shall have exclusive responsibility within the Department of Defense for—

(1)

recommending new and updated explosive and chemical agent safety regulations and standards to the Assistant Secretary of Defense for Energy Installations and Environment for submittal to the Under Secretary of Defense for Acquisition and Sustainment; and

(2)

acting as the primary forum for coordination among covered components of the Department on all matters related to explosive safety management.

(g)

Covered components

In this section, the covered components of the Department are each of the following:

(1)

The Office of the Secretary of Defense.

(2)

The military departments.

(3)

The Office of the Chairman of the Joint Chiefs of Staff and the Joint Staff, the Combatant Commands.

(4)

The Office of the Inspector General of the Department.

(5)

The Defense Agencies.

(6)

The Department of Defense field activities.

(7)

All other organizational entities within the Department.

.

(b)

Deadline for appointment

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

(c)

Limitation on use of funds

Of the amounts authorized to be appropriated or otherwise made available in this Act for the Office of the Under Secretary of Defense for Acquisition and Sustainment for fiscal year 2021, not more than 75 percent may be obligated or expended until the date on which the Under Secretary of Defense certifies to the congressional defense committees that all board member positions, including the chair, of the Department of Defense explosive safety board, as authorized under section 172 of title 10, United States Code, as amended by this section, have been filled by military officers as required by such section.

362.

Explosive Ordnance Disposal Defense Program

(a)

Roles, responsibilities, and authorities

Section 2284(b) of title 10, United States Code, as amended by section 1052 of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92), is further amended—

(1)

in paragraph (1)(A)—

(A)

by inserting and before integration; and

(B)

by striking an Assistant Secretary of Defense and inserting the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict;

(2)

in paragraph (2), by striking to whom responsibility is assigned under paragraph (1)(A) and inserting for Special Operations and Low Intensity Conflict;

(3)

by redesignating paragraphs (3) and (4) as paragraphs (4) and (5), respectively; and

(4)

by inserting after paragraph (2) the following new paragraph (3):

(3)

the Assistant Secretary of Defense for Special Operations and Low Intensity Conflict shall coordinate with—

(A)

the Under Secretary of Defense for Intelligence on explosive ordnance technical intelligence;

(B)

the Under Secretary of Defense for Acquisition and Sustainment on explosive ordnance disposal research, development, and acquisition;

(C)

the Under Secretary of Defense for Research and Engineering on explosive ordnance disposal research, development, test, and evaluation; and

(D)

the Assistant Secretary of Defense for Homeland Security and Global Security on explosive ordnance disposal on defense support of civil authorities;

.

(b)

Report

Not later than 180 days after the date of the enactment of this Act, the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and House of Representatives a report of the Explosive Ordnance Disposal Defense Program under section 2284 of title 10, United States Code. Such report shall include each of the following:

(1)

The status of the establishment and organization of the Program and the compliance with the requirements of such section, as amended by section 1052 of the National Defense Authorization Act for Fiscal Year 2020.

(2)

An assessment of the feasibility and advisability of designating the Joint Program Executive Officer for Armaments and Ammunition as the joint program executive officer for the explosive ordnance disposal program or establishing a rotation of the role between an Army, Navy, and Air Force entity on a periodic basis.

(3)

An assessment of the feasibility and advisability of designating the Director of the Defense Threat Reduction Agency with management responsibility for a Defense-wide program element for explosive ordnance disposal research, development, test, and evaluation transactions other than contracts, cooperative agreements, and grants related to section 2371 of title 10, United States Code, during research projects including rapid prototyping and limited procurement urgent activities and acquisition.

363.

Assessment of resilience of Department of Defense munitions enterprise

(a)

Assessment

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

(b)

Elements

The assessment required under subsection (a) shall include the following elements:

(1)

An identification of the points of failure with respect to the munitions enterprise, including physical locations, materials, suppliers, contractors, and other relevant elements, that, if failure occurs, would have the largest negative impact on the capacity, resiliency, and safety of the enterprise.

(2)

An evaluation of the efforts of the Department of Defense to address the points of failure identified under paragraph (1).

(3)

Recommendation with respect to any additional efforts or actions that could be taken to provide for mitigation or solutions with respect to such points of failure.

(4)

An evaluation of the capacity of the munitions enterprise to support a sudden surge in demand to support a contingency.

(5)

An evaluation of the capacity of the munitions enterprise to withstand intentional disruption during a conflict.

(c)

Report and briefings

The Secretary shall—

(1)

submit to the congressional defense committees a report on the results of assessment conducted under this section by not later than December 31, 2021; and

(2)

provide for such committees interim briefings on such assessment upon request.

(d)

Point of failure

In this section, the term point of failure means, with respect to the munitions enterprise, an aspect of the enterprise, that, if it were to fail or be significantly negatively impacted would cause the portion of the enterprise it supports to either fail or be significantly negatively impacted.

364.

Report on safety waivers and mishaps in Department of Defense munitions enterprise

(a)

Report required

The Secretary shall include with the Department of Defense materials submitted to Congress with the budget of the President for each of fiscal years 2022 through 2025 (as submitted to Congress pursuant to section 1105 of title 31, United States Code), a report on safety waivers provided in the Department of Defense munitions enterprise. Each such report shall include each of the following for the year covered by the report and each of the preceding three years:

(1)

A list of each waiver, exemption, and secretarial exemption or certification provided with respect to any Department of Defense munitions safety standard.

(2)

For each such waiver, exemption, or certification provided—

(A)

the location where the waiver, exemption, or certification was provided;

(B)

a summary of the justification used for providing the waiver, exemption, or certification;

(C)

the time period during which the waiver, exemption, or certification applies and the number of times such a waiver, exemption, or certification has been provided at that location; and

(D)

a list of all safety-related mishaps that occurred at locations where waivers, exemptions, or certifications were in place, and for each such mishap, whether or not a subsequent investigation determined the waiver, exemption, or certification was related or may have been related to the mishap.

(3)

A list and summary of all class A-E mishaps related to the construction, storage, transportation, usage, and demilitarization of munitions.

(4)

Any mitigation efforts in place at any location where a waiver, exemption, or certification has been provided or where a safety-related mishap has occurred.

(5)

Such other matters as the Secretary determines appropriate.

(b)

Munitions defined

In this section, the term munitions includes ammunition, explosives, and chemical agents.

E

Other Matters

371.

Pilot program for temporary issuance of maternity-related uniform items

(a)

Pilot program

The Director of the Defense Logistics Agency, in coordination with the Secretaries concerned, shall carry out a pilot program under which each Secretary concerned shall establish an office for issuing maternity-related uniform items to pregnant members of the Armed Forces, on a temporary basis and at no cost to such member. In carrying out the pilot program, the Director shall take the following actions:

(1)

The Director shall ensure that such offices maintain a stock of each type of maternity-related uniform item determined necessary by the Secretary concerned, including service uniforms items, utility uniform items, and other items relating to the command and duty assignment of the member requiring issuance.

(2)

The Director shall ensure that such items have not been treated with the chemical permethrin.

(3)

The Director, in coordination with the Secretary concerned, shall determine a standard number of maternity-related uniform items that may be issued per member.

(4)

The Secretary concerned shall ensure that any member receiving a maternity-related uniform item returns such item to the relevant office established under paragraph (1) on the date on which the Secretary concerned determines the member no longer requires such item.

(5)

The Secretary concerned shall inspect, process, repair, clean, and re-stock items returned by a member pursuant to paragraph (4) for re-issuance from such relevant office.

(6)

The Director, in coordination with the Secretaries concerned, may issue such guidance and regulations as necessary to carry out the pilot program.

(b)

Termination

No maternity-related uniform items may be issued to a member of the Armed Forces under the pilot program after September 30, 2026.

(c)

Report

Not later than September 30, 2025, the Director of the Defense Logistics Agency, in coordination with the Secretaries concerned, shall submit to the congressional defense committees a report on the pilot program. Such report shall include each of the following:

(1)

For each year during which the pilot program was carried out, the number of members of the Armed Forces who received a maternity-related uniform item under the pilot program.

(2)

An overview of the costs associated with, and any savings realized by, the pilot program, including a comparison of the cost of maintaining a stock of maternity-related uniform items for issuance under the pilot program versus the cost of providing allowances to members for purchasing such items.

(3)

A recommendation on whether the pilot program should be extended after the date of termination under subsection (b) and whether legislation is necessary for such extension.

(4)

Any other matters that the Secretary of Defense determines appropriate.

(d)

Authorization of appropriations

Of the amounts authorized to be appropriated for operation and maintenance, Defense-wide, for fiscal year 2021, as specified in the funding table in section 4301, $10,000,000 shall be available for implementation of the pilot program.

372.

Servicewomen’s Commemorative Partnerships

(a)

In general

The Secretary of the Army may enter into a contract, partnership, or grant with a non-profit organization for the purpose of providing financial support for the maintenance and sustainment of infrastructure and facilities at military service memorials and museums that highlight the role of women in the military. Such a contract, partnership, or grant shall be referred to as a Servicewomen’s Commemorative Partnership.

(b)

Authorization of appropriations

Of the amounts authorized to be appropriated for fiscal year 2021, as identified in division D of this Act, $3,000,000 shall be available for Servicewomen’s Commemorative Partnerships under subsection (a).

373.

Biodefense analysis and budget submission

(a)

Annual analysis

For each fiscal year, the Director of the Office of Management and Budget shall—

(1)

conduct a detailed and comprehensive analysis of Federal biodefense programs; and

(2)

develop an integrated biodefense budget submission.

(b)

Definition of biodefense

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

(c)

Requirements for analysis

The analysis required under subsection (a) shall include—

(1)

the display of all funds requested for biodefense activities, both mandatory and discretionary, by agency and categorized by biodefense enterprise element, including threat awareness, prevention, deterrence, preparedness, surveillance and detection, response, attribution (including bioforensic capabilities), recovery, and mitigation; and

(2)

detailed explanations of how each program and activity included aligns with biodefense goals.

(d)

Submittal to Congress

The Director shall submit to Congress the analysis required under subsection (a) for a fiscal year concurrently with the President’s annual budget request for that fiscal year.

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, 485,900.

(2)

The Navy, 347,800.

(3)

The Marine Corps, 184,100.

(4)

The Air Force, 327,266.

(5)

The Space Force, 6,434.

402.

Revisions in permanent active duty end strength minimum levels

Section 691(b) of title 10, United States Code, is amended by striking paragraphs (1) through (4) and inserting the following new paragraphs:

(1)

For the Army, 485,900.

(2)

For the Navy, 347,800.

(3)

For the Marine Corps, 184,100.

(4)

For the Air Force, 327,266.

(5)

For the Space Force, 6,434.

.

403.

Modification of the authorized number and accounting method for senior enlisted personnel

(a)

In general

Section 517 of title 10, United States Code, is amended—

(1)

in the section heading, by striking daily average and inserting enlisted end strength; and

(2)

in subsection (a)—

(A)

by striking daily average number of and inserting end strength for;

(B)

by striking in a fiscal year and inserting as of the last day of a fiscal year;

(C)

by striking 2.5 percent and inserting 3.0 percent; and

(D)

by striking on the first day of that fiscal year.

(b)

Clerical amendment

The table of sections at the beginning of chapter 31 of such title is amended by striking the item relating to section 517 and inserting the following new item:

517. Authorized enlisted end strength: members in pay grades E–8 and E–9.

.

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)

The minimum number of military technicians (dual status) as of the last day of fiscal year 2021 for the reserve components of the Army and the Air Force (notwithstanding section 129 of title 10, United States Code) shall be the following:

(1)

For the Army National Guard of the United States, 22,294.

(2)

For the Army Reserve, 6,492.

(3)

For the Air National Guard of the United States, 10,994.

(4)

For the Air Force Reserve, 7,947.

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.

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 the 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.

Authorized strength: exclusion of certain general and flag officers of the reserve components on active duty

Section 526a of title 10, United States Code, is amended—

(1)

by redesignating subsections (c) through (h) as subsections (d) through (i), respectively; and

(2)

by inserting after subsection (b) the following new subsection (c):

(c)

Exclusion of certain officers of the reserve components

The limitations of this section do not apply to the following:

(1)

A general or flag officer of a reserve component who is on active duty—

(A)

for training; or

(B)

under a call or order specifying a period of less than 180 days.

(2)
(A)

A general or flag officer of a reserve component who is authorized by the Secretary of the military department concerned to serve on active duty for a period of at least 180 days and not longer than 365 days.

(B)

The Secretary of the military department concerned may authorize a number, determined under subparagraph (C), of officers in the reserve component of each armed force under the jurisdiction of that Secretary to serve as described in subparagraph (A).

(C)

Each number described in subparagraph (B) may not exceed 10 percent of the number of general or flag officers, as the case may be, authorized to serve in the armed force concerned under section 12004 of this title. In determining a number under this subparagraph, any fraction shall be rounded down to the next whole number that is greater than zero.

(3)
(A)

A general or flag officer of a reserve component who is on active duty for a period longer than 365 days and not longer than three years.

(B)

The number of officers described in subparagraph (A) who do not serve in a position that is a joint duty assignment for purposes of chapter 38 of this title may not exceed five per armed force, unless authorized by the Secretary of Defense.

.

502.

Diversity in selection boards

(a)

Requirement for diverse membership of active duty selection boards

(1)

Officers

Section 612(a)(1) of title 10, United States Code, is amended by adding at the end the following new sentence: The members of a selection board shall represent the diversity of the armed forces to the extent practicable..

(2)

Warrant Officers

Section 573(b) of title 10, United States Code, is amended by adding at the end the following new sentence: The members of a selection board shall represent the diversity of the armed forces to the extent practicable..

(b)

Requirement for diverse membership of reserve components selection boards

Section 14102(b) of title 10, United States Code, is amended by adding at the end the following new sentence: The members of a selection board shall represent the diversity of the armed forces to the extent practicable..

(c)

Other selection boards

(1)

In general

The Secretary of Defense shall ensure that the members of each selection board described in paragraph (2) represent the diversity of the armed forces to the extent practicable.

(2)

Selection board described

A selection board described in this paragraph (1) is any selection board used with respect to the promotion, education, or command assignments of members of the Armed Forces that is not covered by the amendments made by this section.

503.

Redaction of personally identifiable information from records furnished to a promotion board

(a)

Active-duty officers

Section 615(b) of title 10, United States Code, is amended—

(1)

by redesignating paragraphs (1) through (6) as subparagraphs (A) through (F), respectively;

(2)

in the matter preceding subparagraph (A), as redesignated, by inserting (1) before The Secretary;

(3)

in subparagraph (C), as redesignated, by striking whose name is furnished to the board and inserting under consideration by the board for promotion;

(4)

by striking subparagraph (B), as redesignated, and redesignating subparagraphs (C) through (F) as subparagraphs (B) through (E), respectively; and

(5)

by adding at the end the following new paragraph:

(2)

The Secretary of the military department concerned shall redact any personally identifiable information from the information furnished to a selection board under this section.

.

(b)

Reserve officers

Section 14107(b) of title 10, United States Code, is amended—

(1)

by redesignating paragraphs (1) through (5) as subparagraphs (A) through (E), respectively;

(2)

in the matter preceding subparagraph (A), as redesignated, by inserting (1) before The Secretary;

(3)

in subparagraph (C), as redesignated, by striking whose name is furnished to the board and inserting under consideration by the board for promotion;

(4)

by striking subparagraph (B), as redesignated, and redesignating subparagraphs (C) through (E) as subparagraphs (B) through (D), respectively; and

(5)

by adding at the end the following new paragraph:

(2)

The Secretary of the military department concerned shall redact any personally identifiable information from the information furnished to a promotion board under this section.

.

(c)

Enlisted members

Each Secretary of a military department shall prescribe regulations that require the redaction of any personally identifiable information from the information furnished to a board that considers for promotion an enlisted member of an Armed Force under the jurisdiction of that Secretary.

B

Reserve Component Management

511.

Grants to support STEM education in the Junior Reserve Officers’ Training Corps

(a)

Program authority

(1)

In general

Chapter 102 of title 10, United States Code, is amended by adding at the end the following new section:

2036.

Grants to support science, technology, engineering, and mathematics education

(a)

Authority

The Secretary, in consultation with the Secretary of Education, may carry out a program to make grants to eligible entities to assist such entities in providing education in covered subjects to students in the Junior Reserve Officers’ Training Corps.

(b)

Coordination

In carrying out a program under subsection (a), the Secretary may coordinate with the following:

(1)

The Secretaries of the military departments.

(2)

The Secretary of Education.

(3)

The Director of the National Science Foundation.

(4)

The Administrator of the National Aeronautics and Space Administration.

(5)

The heads of such other Federal, State, and local government entities the Secretary of Defense determines to be appropriate.

(6)

Private sector organizations as the Secretary of Defense determines appropriate.

(c)

Activities

Activities funded with grants under this section may include the following:

(1)

Training and other support for instructors to teach courses in covered subjects to students.

(2)

The acquisition of materials, hardware, and software necessary for the instruction of covered subjects.

(3)

Activities that improve the quality of educational materials, training opportunities, and curricula available to students and instructors in covered subjects.

(4)

Development of travel opportunities, demonstrations, mentoring programs, and informal education in covered subjects for students and instructors.

(5)

Students’ pursuit of certifications in covered subjects.

(d)

Preference

In making any grants under this section, the Secretary shall give preference to eligible entities that are eligible for assistance under part A of title I of the Elementary and Secondary Education Act of 1965 (20 U.S.C. 6311 et seq.).

(e)

Evaluations

In carrying out a program under this section, the Secretary shall establish outcome-based metrics and internal and external assessments to evaluate the merits and benefits of the activities funded with grants under this section with respect to the needs of the Department of Defense.

(f)

Authorities

In carrying out a program under this section, the Secretary shall, to the extent practicable, make use of the authorities under chapter 111 and sections 2601 and 2605 of this title, and other authorities the Secretary determines appropriate.

(g)

Definitions

In this section:

(1)

The term eligible entity means a local education agency that hosts a unit of the Junior Reserve Officers’ Training Corps.

(2)

The term covered subjects means—

(A)

science;

(B)

technology;

(C)

engineering;

(D)

mathematics;

(E)

computer science;

(F)

computational thinking;

(G)

artificial intelligence;

(H)

machine learning;

(I)

data science;

(J)

cybersecurity;

(K)

robotics;

(L)

health sciences; and

(M)

other subjects determined by the Secretary of Defense to be related to science, technology, engineering, and mathematics.

.

(2)

Clerical amendment

The table of sections at the beginning of chapter 102 of such title is amended by adding at the end the following new item:

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

.

(b)

Report

(1)

In general

Not later than two years after the date of the enactment of this Act, the Secretary of Defense shall submit to the congressional defense committees a report on any activities carried out under section 2036 of title 10, United States Code (as added by subsection (a)).

(2)

Congressional defense committees defined

In this subsection, the term congressional defense committees has the meaning given that term in section 101(a)(16) of title 10, United States Code.

512.

Modification of education loan repayment program for members of Selected Reserve

(a)

Modification of maximum repayment amount

Section 16301(b) of title 10, United States Code, is amended by striking 15 percent or $500 and inserting 20 percent or $1,000.

(b)

Effective date and applicability

The amendment made by subsection (a) shall take effect on the date of the enactment of this Act and shall apply with respect to loan repayment under section 16301 of title 10, United States Code, for eligible years of service completed on or after the date of the enactment of this Act.

513.

Requirement of consent of the chief executive officer for certain full-time National Guard duty performed in a State, Territory, or the District of Columbia

Section 502(f)(2)(A) of title 32, United States Code, is amended by inserting and performed inside the United States with the consent of the chief executive officer of the State (as that term is defined in section 901 of this title) after Defense.

514.

Constructive credit for certain members of the reserve components who cannot complete minimum annual training requirements as a result of the COVID-19 pandemic

(a)

Authority

Under regulations prescribed by the Secretary of Defense, the Secretary, in computing retired pay pursuant to section 12733 of title 10, United States Code, may approve constructive credit, in addition to points earned under section 12732(a)(2) of such title, for a member of the reserve components of the Armed Forces who cannot complete minimum annual training requirements due to cancellation or other extenuating circumstance arising from the covered national emergency.

(b)

Reporting

(1)

Report required

Not later than one year after the date on which the covered national emergency ends, the Secretary of Defense shall submit to the congressional defense committees a report on the use of the authority under subsection (a).

(2)

Elements

The report under this subsection shall include, with respect to each reserve component, the following:

(A)

The number of individuals granted constructive credit as a result of a training cancellation.

(B)

The number of individuals granted constructive credit as a result of another extenuating circumstance.

(C)

Recommendations of the Secretary whether the authority under subsection (a) should be made permanent and under what circumstances such permanent authority should apply.

(3)

Publication

Not later than 30 days after submitting the report under paragraph (1), the Secretary shall—

(A)

publish the report on a publicly accessible website of the Department of Defense; and

(B)

ensure that any data in the report is made available in a machine-readable format that is downloadable, searchable, and sortable.

(c)

Covered national emergency defined

In this section, the term covered national emergency means the national emergency declared on March 13, 2020, by the President under the National Emergencies Act (50 U.S.C. 1601 et seq.) with respect to COVID–19.

515.

Guidance for use of unmanned aircraft systems by the National Guard

(a)

New guidance

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall issue new guidance that provides for the expedited review of requests for the use of unmanned aircraft systems by the National Guard for covered activities within the United States.

(b)

Covered activities defined

In this section, covered activities means the following:

(1)

Emergency operations.

(2)

Search and rescue operations.

(3)

Defense support to civil authorities.

(4)

Support under section 502(f) of title 32, United States Code.

516.

Direct employment pilot program for certain members of the reserve components

(a)

In general

The Secretary of Defense may carry out a pilot program to enhance the efforts of the Department of Defense to provide job placement assistance and related employment services directly to members of the National Guard and Reserves in reserve active-status.

(b)

Administration

Any such pilot program shall be offered to, and administered by, the adjutants general appointed under section 314 of title 32, United States Code, or other officials in the States concerned designated by the Secretary for purposes of the pilot program.

(c)

Cost-Sharing requirement

As a condition on the provision of funds under this section to a State to support the operation of the pilot program in that State, the State must agree to contribute an amount, derived from non-Federal sources, equal to at least 50 percent of the funds provided by the Secretary to the State under this section.

(d)

Development

In developing any such pilot program, the Secretary shall—

(1)

incorporate elements of State direct employment programs for members of the reserve components; and

(2)

use resources provided to members of the Armed Forces with civilian training opportunities through the SkillBridge transition training program administered by the Department of Defense.

(e)

Direct employment program model

Any such pilot program shall use a job placement program model that focuses on working one-on-one with eligible members to cost-effectively provide job placement services, including—

(1)

identifying unemployed and underemployed individuals;

(2)

job matching services;

(3)

resume editing;

(4)

interview preparation; and

(5)

post-employment follow up.

(f)

Evaluation

The Secretary shall develop outcome metrics to evaluate the success of any such pilot program.

(g)

Reporting

(1)

Report required

If the Secretary carries out the pilot Program, the Secretary of Defense shall submit to the congressional defense committees a report describing the results of the pilot program not later than March 1, 2022. The Secretary shall prepare the report in coordination with the Chief of the National Guard Bureau.

(2)

Elements

A report under paragraph (1) shall include the following:

(A)

A description and assessment of the effectiveness and achievements of the pilot program, including the number of members of the reserve components of the Armed Forces hired and the cost-per-placement of participating members.

(B)

An assessment of the effects of the pilot program and increased reserve component employment on the readiness of members of the reserve components and on the retention of members.

(C)

A comparison of the pilot program to other programs conducted by the Department of Defense to provide unemployment or underemployment support to members of the reserve components of the Armed Forces, including the best practices developed through and used in such programs.

(D)

Any other matters the Secretary of Defense determines appropriate.

(h)

Duration; extension

(1)

Subject to paragraph (2), the authority to carry out the pilot program expires on September 30, 2024.

(2)

The Secretary may elect to extend the pilot program for not more than two additional fiscal years.

517.

Temporary limitation on authority to transfer, relocate, or dissolve elements of the reserve components of the Air Force

(a)

Limitation

The Secretary of the Air Force may not transfer or relocate any personnel or asset, or dissolve any unit, of the Air National Guard or Air Force Reserve until the latter of the following occurs:

(1)

The day that is 180 days after the date on which the Secretary of the Air Force submits the report under subsection (b).

(2)

The Chief of Space Operations certifies in writing to the Secretary of the Air Force that plans of the Secretary to establish the reserve components of the Space Force shall not diminish space capability of the Department of the Air Force.

(b)

Report required

Not later than January 31, 2021, the Secretary of the Air Force shall submit to the Committees on Armed Services of the Senate and House of Representatives a report regarding the plan of the Secretary to establish the reserve components of the Space Force. The report shall identify the following:

(1)

The assumptions and factors used to develop the plan.

(2)

The members of the team that issued recommendations regarding the organization of such reserve components.

(3)

The recommendations of the Secretary regarding the mission, organization, and unit retention of such reserve components.

(4)

The final organizational and integration recommendations regarding such reserve components.

(5)

The proposed staffing and operational organization for such reserve components.

(6)

The estimated date of implementation of the plan.

(7)

Any savings or costs arising from the preservation of existing space-related force structures in the Air National Guard.

518.

Pilot programs in connection with SROTC units and CSPI programs at Historically Black Colleges and Universities and minority institutions

(a)

Pilot programs required

The Secretary of Defense may carry out two pilot programs as follows:

(1)

A pilot program, with elements as provided for in subsection (c), at covered institutions in order to assess the feasibility and advisability of mechanisms to reduce barriers to participation in the Senior Reserve Officers' Training Corps at such institutions by creating partnerships between satellite or extension Senior Reserve Officers' Training Corps units at such institutions and military installations.

(2)

In consultation with the Secretary of Homeland Security, a pilot program, with elements as provided for in subsection (d), in order to assess the feasibility and advisability of the provision of financial assistance to members of the Senior Reserve Officers' Training Corps, and members of the Coast Guard College Student Pre-Commissioning Initiative, at covered institutions for participation in flight training.

(b)

Duration

The duration of each pilot program under subsection (a) may not exceed 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 required by subsection (a)(1) at not fewer than five covered institutions selected by the Secretary for purposes of the pilot program.

(2)

Requirements for selection

Each covered institution selected by the Secretary for purposes of the pilot program under subsection (a)(1) shall—

(A)

currently maintain a satellite or extension Senior Reserve Officers' Training Corps unit under chapter 103 of title 10, United States Code, that is located more than 20 miles from the host unit of such unit; or

(B)

establish and maintain a satellite or extension Senior Reserve Officers' Training Corps unit that meets the requirements in subparagraph (A).

(3)

Preference in selection of institutions

In selecting covered institutions under this subsection for participation in the pilot program under subsection (a)(1), the Secretary shall give preference to covered institutions that are located within 20 miles of a military installation of the same Armed Force as the host unit of the Senior Reserve Officers' Training Corps of the covered institution concerned.

(4)

Partnership activities

The activities conducted under the pilot program under subsection (a)(1) between a satellite or extension Senior Reserve Officers' Training Corps unit and the military installation concerned shall include such activities designed to reduce barriers to participation in the Senior Reserve Officers' Training Corps at the covered institution concerned as the Secretary considers appropriate, including measures to mitigate travel time and expenses in connection with receipt of Senior Reserve Officers' Training Corps instruction.

(d)

Pilot program on financial assistance for SROTC and CSPI members for flight training

(1)

Eligibility for participation by SROTC and CSPI members

A member of a Senior Reserve Officers' Training Corps unit, or a member of a Coast Guard College Student Pre-Commissioning Initiative program, at a covered institution may participate in the pilot program under subsection (a)(2) if the member meets such academic requirements at the covered institution, and such other requirements, as the Secretary shall establish for purposes of the pilot program.

(2)

Preference in selection of participants

In selecting members under this subsection for participation in the pilot program under subsection (a)(2), the Secretary 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 unit or a College Student Pre-Commissioning Initiative program who participates in the pilot program under subsection (a)(2) financial assistance to defray, whether in whole or in part, the charges and fees imposed on the member for flight training.

(B)

Flight training

Financial assistance may be used under subparagraph (A) for a course of flight training only if the course meets Federal Aviation Administration standards and is approved by the Federal Aviation Administration and the applicable State approving agency.

(C)

Use

Financial assistance received by a member under subparagraph (A) may be used only to defray the charges and fees imposed on the member as described in that subparagraph.

(D)

Cessation of eligibility

Financial assistance may not be provided to a member under subparagraph (A) as follows:

(i)

If the member ceases to meet the academic and other requirements established pursuant to paragraph (1).

(ii)

If the member ceases to be a member of the Senior Reserve Officers' Training Corps or the College Student Pre-Commissioning Initiative, as applicable.

(e)

Evaluation metrics

The Secretary of Defense shall establish metrics to evaluate the effectiveness of the pilot programs under subsection (a).

(f)

Reports

(1)

Initial report

Not later than 180 days after the commencement of the pilot programs under subsection (a), the Secretary of Defense shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot programs. The report shall include the following:

(A)

A description of each pilot program, including in the case of the pilot program under subsection (a)(2) the requirements established pursuant to subsection (d)(1).

(B)

The evaluation metrics established under subsection (e).

(C)

Such other matters relating to the pilot programs as the Secretary considers appropriate.

(2)

Annual report

Not later than 90 days after the end of each fiscal year in which the Secretary carries out the pilot programs, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot programs during such fiscal year. Each report shall include, for the fiscal year covered by such report, the following:

(A)

In the case of the pilot program required by subsection (a)(1), a description of the partnerships between satellite or extension Senior Reserve Officers' Training Corps units and military installations under the pilot program.

(B)

In the case of the pilot program required by subsection (a)(2), the following:

(i)

The number of members of Senior Reserve Officers' Training Corps units, and the number of members of Coast Guard College Student Pre-Commissioning Initiative programs, at covered institutions selected for purposes of the pilot program, including the number of such members participating in the pilot program.

(ii)

The number of recipients of financial assistance provided under the pilot program, including the number who—

(I)

completed a ground school course of instruction in connection with obtaining a private pilot's certificate;

(II)

completed flight training, and the type of training, certificate, or both received;

(III)

were selected for a pilot training slot in the Armed Forces;

(IV)

initiated pilot training in the Armed Forces; or

(V)

successfully completed pilot training in the Armed Forces.

(iii)

The amount of financial assistance provided under the pilot program, broken out by covered institution, course of study, and such other measures as the Secretary considers appropriate.

(C)

Data collected in accordance with the evaluation metrics established under subsection (e).

(3)

Final report

Not later than 180 days prior to the completion of the pilot programs, the Secretary shall submit to the Committees on Armed Services of the Senate and the House of Representatives a report on the pilot programs. The report shall include the following:

(A)

A description of the pilot programs.

(B)

An assessment of the effectiveness of each pilot program.

(C)

A description of the cost of each pilot program, and an estimate of the cost of making each pilot program permanent.

(D)

An estimate of the cost of expanding each pilot program throughout all eligible Senior Reserve Officers' Training Corps units and College Student Pre-Commissioning Initiative programs.

(E)

Such recommendations for legislative or administrative action as the Secretary considers appropriate in light of the pilot programs, including recommendations for extending or making permanent the authority for each pilot program.

(g)

Definitions

In this section:

(1)

The term covered institution has the meaning given that term in section 262(g)(2) of the National Defense Authorization Act for Fiscal Year 2020 (Public Law 116–92).

(2)

The term 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.

C

General Service Authorities and Correction of Military Records

521.

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)

Exception during period of war or national emergency

The limitations in subsections (c) and (f) shall not apply during time of war declared by Congress or of national emergency declared by the President.

.

522.

Reenlistment waivers for persons separated from the Armed Forces who commit one misdemeanor cannabis offense

(a)

In general

Not later than 90 days after the date of the enactment of this Act, the Secretary of Defense shall prescribe regulations that permit any Secretary of a military department to grant a reenlistment waiver to a covered person if the Secretary determines that the reenlistment of that covered person is vital to the national interest.

(b)

Definitions

In this section:

(1)

The term covered person means an individual—

(A)

who has been separated, discharged, dismissed, or released from the Armed Forces; and

(B)

who has admitted to or been convicted by a court of competent jurisdiction of a single violation—

(i)

of any law of a State or the United States relating to the use or possession of cannabis;

(ii)

that constitutes a misdemeanor; and

(iii)

that occurred while that individual was not performing active service.

(2)

The terms active service and military department have the meanings given such terms in section 101 of title 10, United States Code.

523.

Review of Seaman to Admiral-21 program; credit towards retirement

(a)

Review

The Secretary of the Navy shall review personnel records of all participants in the Seaman to Admiral-21 program during fiscal years 2010 through 2014 to determine whether each participant acknowledged, before entering a baccalaureate degree program, that service during the baccalaureate degree program would not be included when computing years of service for retirement.

(b)

Credit

For each participant described in subsection (a) for whom the Secretary cannot find evidence of an acknowledgment described in that subsection, the Secretary shall include service during the baccalaureate degree program when computing—

(1)

years of service; and

(2)

retired or retainer pay.

(c)

Report required

The Secretary shall submit a report to the Committees on Armed Services of the Senate and House of Representatives regarding the results of the review under subsection (a) and the number of participants credited with service under subsection (b).

(d)

Deadline

The Secretary of the Navy shall carry out this section not later than 180 days after the date of the enactment of this Act.

D

Military Justice and Other Legal Matters

531.

Punitive article on violent extremism

(a)

Violent extremism

(1)

In general

Subchapter X of chapter 47 of title 10, United States Code, is amended by inserting after section 916 (article 116 of the Uniform Code of Military Justice) the following new section (article):

916a. Art. 116a.

Violent extremism

(a)

Prohibition

Any person subject to this chapter who—

(1)

knowingly commits a covered offense against—

(A)

the Government of the United States; or

(B)

any person or class of people;

(2)
(A)

with the intent to intimidate or coerce any person or class of people; or

(B)

with the intent to influence, affect, or retaliate against the policy or conduct of the Government of the United States or any State; and

(3)

does so—

(A)

to achieve political, ideological, religious, social, or economic goals; or

(B)

in the case of an act against a person or class of people, for reasons relating to the race, religion, color, ethnicity, sex, age, disability status, national origin, sexual orientation, or gender identity of the person or class of people concerned;

is guilty of violent extremism and shall be punished as a court-martial may direct.
(b)

Attempts, solicitation, and conspiracy

Any person who attempts, solicits, or conspires to commit an offense under this section shall be punished in the same manner as a person who completes the offense.

(c)

Definitions

In this section:

(1)

Covered offense

The term covered offense means—

(A)

loss, damage, destruction, or wrongful disposition of military property of the United States, in violation of section 908 of this title (article 108);

(B)

waste, spoilage, or destruction of property other than military property of the United States, in violation of section 909 of this title (article 109);

(C)

communicating threats, in violation of section 915 of this title (article 115);

(D)

riot or breach of peace, in violation of section 916 of this title (article 116);

(E)

provoking speech or gestures, in violation of section 917 of this title (article 117);

(F)

murder, in violation of section 918 of this title (article 118);

(G)

manslaughter, in violation of section 919 of this title (article 119);

(H)

larceny or wrongful appropriation, in violation of section 921 of this title (article 121);

(I)

robbery, in violation of section 922 of this title (article 122);

(J)

kidnapping, in violation of section 925 of this title (article 125);

(K)

assault, in violation of section 928 of this title (article 128);

(L)

conspiracy to commit an offense specified in any of subparagraphs (A) through (K), as punishable under section 881 of this title (article 81);

(M)

solicitation to commit an offense specified in any of subparagraphs (A) through (K), as punishable under section 882 of this title (article 82); or

(N)

an attempt to commit an offense specified in any of subparagraphs (A) through (K), as punishable under section 880 of this title (article 80).

(2)

State

The term State includes any State of the United States, the District of Columbia, the Commonwealth of Puerto Rico, and any other possession or territory of the United States.

.

(2)

Clerical amendment

The table of sections at the beginning of such subchapter is amended by inserting after the item relating to section 916 (article 116) the following new item:

916a. 116a. Violent extremism.

.

(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 offenses committed on or after such date.

532.

Preservation of Court-martial records

Section 940a of title 10, United States Code (article 140a of the Uniform Code of Military Justice), is amended by adding at the end the following new subsection:

(d)

Preservation of court-martial records without regard to outcome