[Congressional Record Volume 166, Number 127 (Monday, July 20, 2020)]
[House]
[Pages H3114-H3503]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]
WILLIAM M. (MAC) THORNBERRY NATIONAL DEFENSE AUTHORIZATION ACT FOR
FISCAL YEAR 2021
Mr. SMITH of Washington. Mr. Speaker, pursuant to House Resolution
1053, I call up the bill (H.R. 6395) 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, and ask for its
immediate consideration in the House.
The Clerk read the title of the bill.
The SPEAKER pro tempore. Pursuant to House Resolution 1053, in lieu
of the amendment in the nature of a substitute recommended by the
Committee on Armed Services printed in the bill, an amendment in the
nature of a substitute consisting of the text of Rules Committee Print
116-57, is adopted, and the bill, as amended, is considered read.
The text of the bill, as amended, is as follows:
H.R. 6395
Be it enacted by the Senate and House of Representatives of
the United States of America in Congress assembled,
SECTION 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''.
SEC. 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.
[[Page H3115]]
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.
[[Page H3116]]
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.
[[Page H3117]]
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.
[[Page H3118]]
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.
[[Page H3119]]
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.
[[Page H3120]]
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.
[[Page H3121]]
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.
SEC. 3. CONGRESSIONAL DEFENSE COMMITTEES.
In this Act, the term ``congressional defense committees''
has the meaning given that term in section 101(a)(16) of
title 10, United States Code.
DIVISION A--DEPARTMENT OF DEFENSE AUTHORIZATIONS
TITLE I--PROCUREMENT
Subtitle A--Authorization Of Appropriations
SEC. 101. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for procurement for the Army, the Navy and the
Marine Corps, the Air Force, and Defense-wide activities, as
specified in the funding table in section 4101.
Subtitle B--Navy Programs
SEC. 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.
Subtitle C--Air Force Programs
SEC. 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.
SEC. 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''.
SEC. 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.''.
SEC. 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).
SEC. 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,
[[Page H3122]]
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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
Subtitle D--Defense-wide, Joint, and Multiservice Matters
SEC. 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.
[[Page H3123]]
(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.
SEC. 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.
SEC. 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).
SEC. 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.
TITLE II--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
Subtitle A--Authorization of Appropriations
SEC. 201. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the use of the Department of Defense for
research, development, test, and evaluation, as specified in
the funding table in section 4201.
Subtitle B--Program Requirements, Restrictions, and Limitations
SEC. 211. MODIFICATION OF 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
[[Page H3124]]
``(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.''.
SEC. 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:
``Sec. 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.
[[Page H3125]]
SEC. 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.''.
SEC. 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.''.
SEC. 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:
``Sec. 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
[[Page H3126]]
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.
SEC. 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).
SEC. 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.''.
SEC. 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--
[[Page H3127]]
``(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''.
SEC. 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''.
SEC. 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
[[Page H3128]]
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).
SEC. 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.
SEC. 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
[[Page H3129]]
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.
SEC. 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
[[Page H3130]]
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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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
[[Page H3131]]
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).
SEC. 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).
SEC. 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.
SEC. 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
[[Page H3132]]
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.
SEC. 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.
Subtitle C--Emerging Technology and Artificial Intelligence Matters
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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
[[Page H3133]]
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.
SEC. 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.
SEC. 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.
SEC. 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.
[[Page H3134]]
(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).
SEC. 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.
SEC. 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.
Subtitle D--Sustainable Chemistry Research and Development
SEC. 251. SHORT TITLE.
This subtitle may be cited as the ``Sustainable Chemistry
Research and Development Act of 2020''.
SEC. 252. FINDINGS.
Congress finds that--
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(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.
SEC. 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.
SEC. 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.
SEC. 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
[[Page H3136]]
(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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.''.
Subtitle E--Plans, Reports, and Other Matters
SEC. 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''.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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
[[Page H3137]]
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).
TITLE III--OPERATION AND MAINTENANCE
Subtitle A--Authorization of Appropriations
SEC. 301. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, as specified in the funding table in section
4301.
Subtitle B--Energy and Environment
SEC. 311. MILITARY AVIATION AND INSTALLATION ASSURANCE
CLEARINGHOUSE FOR REVIEW OF MISSION
OBSTRUCTIONS.
Section 183a(c) of title 10, United States Code, is
amended--
(1) 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.''.
SEC. 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.''.
SEC. 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''.
SEC. 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.''.
SEC. 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:
``Sec. 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.''.
SEC. 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''.
SEC. 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.
SEC. 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.
SEC. 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.--
[[Page H3138]]
(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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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;
[[Page H3139]]
(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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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--
[[Page H3140]]
(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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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.
SEC. 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
[[Page H3141]]
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).
SEC. 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.
SEC. 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.
SEC. 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)).
Subtitle C--Logistics and Sustainment
SEC. 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:
``Sec. 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,
[[Page H3142]]
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.
SEC. 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''.
SEC. 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.''.
SEC. 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''.
SEC. 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
[[Page H3143]]
shall not affect its powers, but shall be filled in the same
manner as the original appointment.
(4) Chair.--The panel shall select a Chair from among its
members. The Chair may not be a Federal officer or employee.
(f) Termination.--The panel shall terminate 90 days after
the date on which the panel submits the report required under
subsection (d)(2).
SEC. 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.
SEC. 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).
Subtitle D--Munitions Safety and Oversight
SEC. 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.
[[Page H3144]]
SEC. 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.
SEC. 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.
SEC. 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.
Subtitle E--Other Matters
SEC. 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.
SEC. 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).
[[Page H3145]]
SEC. 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.
TITLE IV--MILITARY PERSONNEL AUTHORIZATIONS
Subtitle A--Active Forces
SEC. 401. END STRENGTHS FOR ACTIVE FORCES.
The Armed Forces are authorized strengths for active duty
personnel as of September 30, 2021, as follows:
(1) The Army, 485,900.
(2) The Navy, 347,800.
(3) The Marine Corps, 184,100.
(4) The Air Force, 327,266.
(5) The Space Force, 6,434.
SEC. 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.''.
SEC. 403. MODIFICATION OF THE AUTHORIZED NUMBER AND
ACCOUNTING METHOD FOR SENIOR ENLISTED
PERSONNEL.
(a) In General.--Section 517 of title 10, United States
Code, is amended--
(1) in the section heading, by striking ``daily average''
and inserting ``enlisted end strength''; 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.''.
Subtitle B--Reserve Forces
SEC. 411. END STRENGTHS FOR SELECTED RESERVE.
(a) In General.--The Armed Forces are authorized strengths
for Selected Reserve personnel of the reserve components as
of September 30, 2021, as follows:
(1) The Army National Guard of the United States, 336,500.
(2) The Army Reserve, 189,800.
(3) The Navy Reserve, 58,800.
(4) The Marine Corps Reserve, 38,500.
(5) The Air National Guard of the United States, 108,100.
(6) The Air Force Reserve, 70,300.
(7) The Coast Guard Reserve, 7,000.
(b) End Strength Reductions.--The end strengths prescribed
by subsection (a) for the Selected Reserve of any reserve
component shall be proportionately reduced by--
(1) the total authorized strength of units organized to
serve as units of the Selected Reserve of such component
which are on active duty (other than for training) at the end
of the fiscal year; and
(2) the total number of individual members not in units
organized to serve as units of the Selected Reserve of such
component who are on active duty (other than for training or
for unsatisfactory participation in training) without their
consent at the end of the fiscal year.
(c) End Strength Increases.--Whenever units or individual
members of the Selected Reserve of any reserve component are
released from active duty during any fiscal year, the end
strength prescribed for such fiscal year for the Selected
Reserve of such reserve component shall be increased
proportionately by the total authorized strengths of such
units and by the total number of such individual members.
SEC. 412. END STRENGTHS FOR RESERVES ON ACTIVE DUTY IN
SUPPORT OF THE RESERVES.
Within the end strengths prescribed in section 411(a), the
reserve components of the Armed Forces are authorized, as of
September 30, 2021, the following number of Reserves to be
serving on full-time active duty or full-time duty, in the
case of members of the National Guard, for the purpose of
organizing, administering, recruiting, instructing, or
training the reserve components:
(1) The Army National Guard of the United States, 30,595.
(2) The Army Reserve, 16,511.
(3) The Navy Reserve, 10,215.
(4) The Marine Corps Reserve, 2,386.
(5) The Air National Guard of the United States, 25,333.
(6) The Air Force Reserve, 5,256.
SEC. 413. END STRENGTHS FOR MILITARY TECHNICIANS (DUAL
STATUS).
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.
SEC. 414. MAXIMUM NUMBER OF RESERVE PERSONNEL AUTHORIZED TO
BE ON ACTIVE DUTY FOR OPERATIONAL SUPPORT.
During fiscal year 2021, the maximum number of members of
the reserve components of the Armed Forces who may be serving
at any time on full-time operational support duty under
section 115(b) of title 10, United States Code, is the
following:
(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.
Subtitle C--Authorization of Appropriations
SEC. 421. MILITARY PERSONNEL.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal year 2021 for the
use of the Armed Forces and other activities and agencies of
the Department of Defense for expenses, not otherwise
provided for, for military personnel, as specified in the
funding table in section 4401.
(b) Construction of Authorization.--The authorization of
appropriations in the subsection (a) supersedes any other
authorization of appropriations (definite or indefinite) for
such purpose for fiscal year 2021.
TITLE V--MILITARY PERSONNEL POLICY
Subtitle A--Officer Personnel Policy
SEC. 501. AUTHORIZED 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.''.
SEC. 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.
[[Page H3146]]
(2) Selection board described.--A selection board described
in this paragraph (1) is any selection board used with
respect to the promotion, education, or command assignments
of members of the Armed Forces that is not covered by the
amendments made by this section.
SEC. 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.
Subtitle B--Reserve Component Management
SEC. 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:
``Sec. 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.
SEC. 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.
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.
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''.
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.
(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.
SEC. 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.
[[Page H3147]]
(4) Support under section 502(f) of title 32, United States
Code.
SEC. 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.
SEC. 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.
SEC. 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:
[[Page H3148]]
(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.
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.
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.''.
SEC. 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.
SEC. 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.
Subtitle D--Military Justice and Other Legal Matters
SEC. 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):
``Sec. 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.
[[Page H3149]]
SEC. 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.--The standards and criteria prescribed by the
Secretary of Defense under subsection (a) shall provide for
the preservation of general and special court-martial
records, without regard to the outcome of the proceeding
concerned, for not fewer than 15 years.''.
SEC. 533. ELECTRONIC NOTARIZATION FOR MEMBERS OF THE ARMED
FORCES.
Section 1044a of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(e)(1) A person named in subsection (b) may exercise the
powers described in subsection (a) through electronic means,
including under circumstances where the individual with
respect to whom such person is performing the notarial act is
not physically present in the same location as such person.
``(2) A determination of the authenticity of a notarial act
authorized in this section shall be made without regard to
whether the notarial act was performed through electronic
means.
``(3) A log or journal of a notarial act authorized in this
section shall be considered for evidentiary purposes without
regard to whether the log or journal is in electronic
form.''.
SEC. 534. CLARIFICATIONS REGARDING SCOPE OF EMPLOYMENT AND
REEMPLOYMENT RIGHTS OF MEMBERS OF THE UNIFORMED
SERVICES.
(a) Clarification Regarding Definition of Rights and
Benefits.--Section 4303(2) of title 38, United States Code,
is amended--
(1) by inserting ``(A)'' before ``The term''; and
(2) by adding at the end the following new subparagraph:
``(B) Any procedural protections or provisions set forth in
this chapter shall also be considered a right or benefit
subject to the protection of this chapter.''.
(b) Clarification Regarding Relation to Other Law and Plans
for Agreements.--Section 4302 of such title is amended by
adding at the end the following:
``(c)(1) Pursuant to this section and the procedural rights
afforded by subchapter III of this chapter, any agreement to
arbitrate a claim under this chapter is unenforceable, unless
all parties consent to arbitration after a complaint on the
specific claim has been filed in court or with the Merit
Systems Protection Board and all parties knowingly and
voluntarily consent to have that particular claim subjected
to arbitration.
``(2) For purposes of this subsection, consent shall not be
considered voluntary when a person is required to agree to
arbitrate an action, complaint, or claim alleging a violation
of this chapter as a condition of future or continued
employment, advancement in employment, or receipt of any
right or benefit of employment.''.
SEC. 535. ABSENTEE BALLOT TRACKING PROGRAM.
(a) Establishment and Operation of Program.--Section 102(h)
of the Uniformed and Overseas Citizens Absentee Voting Act
(52 U.S.C. 20302(h)) is amended to read as follows:
``(h) Absentee Ballot Tracking Program.--
``(1) Requiring establishment and operation of program.--
The chief State election official, in coordination with local
election jurisdictions, shall establish and operate an
absentee ballot tracking program described in paragraph (2)
for the use of absent uniformed services voters and overseas
voters.
``(2) Program described.--
``(A) Information on transmission and receipt of absentee
ballots.--An absentee ballot tracking program described in
this paragraph is a program under which--
``(i) the State or local election official responsible for
the transmission of absentee ballots in an election for
Federal office operates procedures to track and confirm the
transmission of such ballots and to make information on the
transmission of such a ballot available by means of online
access using the Internet site of the official's office; and
``(ii) the State or local election official responsible for
the receipt of absentee ballots in an election for Federal
office operates procedures to track and confirm the receipt
of such ballots and (subject to subparagraph (B)) to make
information on the receipt of such a ballot available by
means of online access using the Internet site of the
official's office.
``(B) Specific information on receipt of voted absentee
ballots.--The information required to be made available under
clause (ii) of subparagraph (A) with respect to the receipt
of a voted absentee ballot in an election for Federal office
shall include information regarding whether the vote cast on
the ballot was counted, and, in the case of a vote which was
not counted, the reasons therefor. The appropriate State or
local election official shall make the information described
in the previous sentence available during the 30-day period
that begins on the date on which the results of the election
are certified, or during such earlier 30-day period as the
official may provide.
``(3) Use of toll-free telephone number by officials
without internet site.--A program established and operated by
a State or local election official whose office does not have
an Internet site may meet the requirements of paragraph (2)
if the official has established and operates a toll-free
telephone number that may be used to obtain the information
on the transmission or receipt of the absentee ballot which
is required under such paragraph.''.
(b) Effective Date.--The amendment made by subsection (a)
shall apply with respect to an election held during 2022 or
any succeeding year.
SEC. 536. TRACKING MECHANISM AND REPORTING REQUIREMENTS FOR
SUPREMACIST, EXTREMIST, AND CRIMINAL GANG
ACTIVITY IN THE ARMED FORCES.
(a) Process Required.--The Secretary of Defense shall
develop and implement a process to track investigations,
criminal and administrative actions, and final determinations
with respect to conduct of members of the covered Armed
Forces that is prohibited under Department of Defense
Instruction 1325.06, titled ``Handling Dissident and Protest
Activities Among Members of the Armed Forces'', or any
successor instruction.
(b) Elements.--The process under subsection (a) shall
include the following:
(1) A mechanism that military criminal investigative
organizations may use--
(A) to track criminal investigations into the prohibited
conduct described in subsection (a), including a mechanism to
track those investigations that are forwarded to commanders
for administrative action;
(B) to provide relevant information from criminal
investigations and administrative actions to civilian law
enforcement agencies; and
(C) to track final administrative actions taken with
respect to investigations that are referred to commanders.
(2) A mechanism commanders may use to provide information
to military criminal investigative organizations on any
serious conduct under consideration for administrative action
or any final administrative actions taken with respect to the
prohibited conduct described in subsection (a).
(3) A standardized database, shared among the covered Armed
Forces, to ensure that the tracking required under subsection
(a) is carried out in the same manner across such Armed
Forces.
(c) Report.--Not later than December 1 of each year
beginning after the date of the enactment of this Act, the
Secretary of Defense shall submit to the appropriate
congressional committees a report on the process implemented
under subsection (a). Each report shall include--
(1) the number of investigations, criminal and
administrative actions, and final determinations tracked over
the preceding year; and
(2) of the actions enumerated under paragraph (1), the
number of instances in which information on the conduct of a
member of the covered Armed Forces was referred to civilian
law enforcement agencies as a result of the investigation or
action.
(d) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on the Judiciary and the Committee on
Armed Services of the Senate; and
(B) the Committee on the Judiciary and the Committee on
Armed Services of the House of Representatives.
(2) The term ``covered Armed Forces'' means the Army, the
Navy, the Air Force, and the Marine Corps.
SEC. 537. MILITARY-CIVILIAN TASK FORCE ON DOMESTIC VIOLENCE
AND RELATED INFORMATION COLLECTION ACTIVITIES.
(a) Military-civilian Task Force on Domestic Violence.--
(1) Establishment.--The Secretary of Defense shall
establish a military-civilian task force on domestic violence
(in this section, referred to as the ``Task Force'').
(2) Duties.--The duties of the Task Force shall be to
analyze and develop recommendations, for implementation by
the Secretary, with respect to each of the following:
(A) The risk of domestic violence at various stages of
military service, including identification of--
(i) stages at which there is a higher than average risk of
domestic violence; and
(ii) stages at which the implementation of domestic
violence prevention strategies may have the greatest
preventive effect.
(B) The use and dissemination of domestic violence
prevention resources throughout the stages of military
service including providing new service members with training
in domestic violence prevention.
(C) How to best target prevention resources to address
those with a higher risk of domestic violence.
(D) The implementation of strategies to prevent domestic
violence by training, educating, and assigning prevention-
related responsibilities to--
(i) commanders;
(ii) medical, behavioral, and mental health service
providers;
(iii) family advocacy representatives;
(iv) Military Family Life Consultants; and
(v) other individuals and entities with responsibilities
that may be relevant to addressing domestic violence.
(E) The efficacy of providing survivors of domestic
violence with the option to request expedited transfers, and
the effects of such transfers.
(F) Improvements to procedures for reporting appropriate
legal actions to the National Crime Information Center and
the efficacy of such procedures.
(G) The effects of domestic violence on--
(i) housing for military families;
(ii) the education of military dependent children;
(iii) servicemember work assignments and careers; and
(iv) the health of servicemembers and their families,
including short-term and long-term health effects and effects
on mental health.
(H) Age-appropriate training and education programs for
students attending schools operated by the Department of
Defense Education Activity that are designed to assist such
students in learning positive relationship behaviors in
families and with intimate partners.
[[Page H3150]]
(I) The potential effects of requiring military protective
orders to be issued by a military judge and whether such a
requirement would increase the enforcement of military
protective orders by civilian law enforcement agencies
outside the boundaries of military installations.
(J) Whether prevention of domestic violence would be
enhanced by raising the disposition authority for offenses of
domestic violence to an officer who is--
(i) in the grade of 0-6 or above;
(ii) in the chain of command of the accused; and
(iii) authorized by chapter 47 of title 10, United States
Code (the Uniform Code of Military Justice) to convene
special courts martial.
(K) Consideration of any other matters that the Task Force
determines to be relevant to--
(i) decreasing the frequency of domestic violence committed
by or upon members of the covered Armed Forces and their
dependents; and
(ii) reducing the severity of such violence.
(3) Membership.--The Task Force shall be composed of the
following members:
(A) One or more representatives of family advocacy programs
of the Department of Defense.
(B) One or more representatives of the Defense Advisory
Committee on Women in the Services.
(C) One or more medical personnel of the Department of
Defense.
(D) One or more Judge Advocates General.
(E) One or more military police or other law enforcement
personnel of the covered Armed Forces.
(F) One or more military commanders.
(G) One or more individuals whose duties include planning,
executing, and evaluating training of the covered Armed
Forces.
(H) Civilians who are experts on domestic violence or who
provide services relating to domestic violence, including--
(i) not fewer than two representatives from the national
domestic violence resource center and the special issue
resource centers referred to in section 310 of the Family
Violence Prevention and Services Act (42 U.S.C. 10410);
(ii) not fewer than two representatives from national
domestic violence organizations;
(iii) not fewer than two representatives from State
domestic violence and sexual assault coalitions; and
(iv) not fewer than two domestic violence service providers
who provide services in communities located near military
installations.
(I) One or more representatives who are subject matter
experts on--
(i) scientific and other research relating to domestic
violence; and
(ii) science-based strategies for the prevention,
intervention, and response to domestic violence.
(J) Civilian law enforcement personnel.
(K) One or more representatives from the Office on Violence
Against Women of the Department of Justice.
(L) One or more representatives of the Family Violence
Prevention and Services Program of the Department of Health
and Human Services.
(M) One or more representatives from the Centers for
Disease Control and Prevention.
(4) Appointment by secretary of defense.--
(A) In general.--The Secretary of Defense shall appoint the
members of the Task Force specified in subparagraphs (A)
through (M) of paragraph (3).
(B) Consultation.--
(i) Consultation with attorney general.--In appointing
members under subparagraph (K) of paragraph 3, the Secretary
of Defense shall consult with the Attorney General.
(ii) Consultation with secretary of hhs.--In appointing
members under subparagraphs (L) and (M) of such paragraph,
the Secretary shall consult with the Secretary of Health and
Human Services
(C) Inclusion of certain personnel.--The Secretary shall
ensure that the members appointed by the Secretary under this
subparagraph include--
(i) representatives of the Office of the Secretary of
Defense;
(ii) general and flag officers;
(iii) noncommissioned officers; and
(iv) other enlisted personnel of the covered Armed Forces.
(5) Total number of members.--The total number of members
appointed to the Task Force shall be not more than 25.
(6) Chairperson.--
(A) Nominee list.--On an annual basis, the Task Force shall
submit to the Secretary a list of members of the Task Force
who may be considered for the position of chairperson of the
Task Force.
(B) Selection.--From the list submitted to the Secretary
under subparagraph (A) for each year, the Secretary of
Defense shall designate one member of the Task Force to serve
as the chairperson of the Task Force.
(C) Term.--The chairperson designated by the Secretary
under subparagraph (B) shall serve for a term of one year and
may serve for additional terms of one year if redesignated as
the chairperson by the Secretary under such subparagraph.
(7) Meetings.--The first meeting of the Task Force shall
convene not later than 180 days after the date of the
enactment of this Act. Thereafter, the task Force shall meet
in plenary session not less frequently than once annually.
(8) Compensation and travel expenses.--Each member of the
Task Force shall serve without compensation (other than the
compensation to which such member may be entitled as a member
of the covered Armed Forces or an officer or employee of the
United States, as the case may be), but shall be allowed
travel expenses, including per diem in lieu of subsistence,
at rates authorized for employees of agencies under
subchapter I of chapter 57 of title 5, United States Code,
while away from the member's home or regular places of
business in the performance of services for the Task Force.
(9) Site visits.--In the carrying out the duties described
in paragraph (2), members of the Task Force shall--
(A) on an annual basis, visit one or more military
installations outside the United States; and
(B) on a semiannual basis, visit one or more military
installations within the United States.
(10) Oversight and administration.--The Secretary of
Defense shall designate an appropriate organization within
the Office of the Secretary of Defense to--
(A) provide oversight of the Task Force;
(B) provide the Task Force with the personnel, facilities,
and other administrative support that is necessary for the
performance of the Task Force's duties; and
(C) on a rotating basis, direct the Secretary of each
military department to--
(i) coordinate visits of the Task Force to military
installations; and
(ii) provide administrative, logistical, and other support
for the meetings of the Task Force.
(11) Reports.--
(A) Reports to secretary.--
(i) Initial report.--Not later than one year after the date
on which the members of the Task Force are appointed under
paragraph (3), the Task Force shall submit to the Secretary
of Defense recommendations with respect to each matter
described in paragraph (2).
(ii) Subsequent reports.--After submitting the initial
report under subparagraph (A), the Task Force shall, from
time to time, submit to the Secretary of Defense such
analyses and recommendations as the Task Force considers
appropriate to improve the effectiveness of the covered Armed
Forces in responding to and preventing domestic violence.
(B) Reports to congress.--On an annual basis until the date
on which the Task Force terminates under paragraph (12), the
Task Force shall submit to Congress a report that includes--
(i) a description of any improvements in the response of
the covered Armed Forces to domestic violence over the
preceding year;
(ii) an explanation of any pending research on domestic
violence that may be relevant to domestic violence involving
members of the covered Armed Forces; and
(iii) such analyses and recommendations as the Task Force
considers appropriate to improve the effectiveness of the
covered Armed Forces in responding to and preventing domestic
violence
(12) Termination.--
(A) In general.--Except as provided in subparagraph (B),
the Task Force shall terminate on the date that is five years
after the date of the first meeting of the Task Force.
(B) Continuation.--
(i) In general.--Subject to clause (ii), the Secretary of
Defense may continue the Task Force for a period of up to two
years after the termination date applicable under
subparagraph (A) if the Secretary determines that
continuation of the Task Force is advisable and appropriate.
(ii) Notice to congress.--If the Secretary determines to
continue the Task Force under clause (i), not later than 90
days before the termination date applicable under
subparagraph (A) and annually thereafter until the new date
of the termination of the Task Force, the Secretary shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a notice describing the reasons
for the continuation and confirming the new termination date.
(13) Implementation of recommendations.--
(A) In general.--Except as provided in subparagraph (B),
not later than 180 days after the date on which the Secretary
of Defense receives the initial report of the Task Force
under paragraph (11)(A)(i), the Secretary shall, in
consultation with the Task Force, implement the
recommendations of the Task Force with respect to each matter
described in paragraph (2).
(B) Waiver.--The Secretary of Defense may waive the
requirement under subparagraph (A) with respect to a
recommendation of the Task force by submitting to the
Committees on Armed Services of the Senate and the House of
Representatives a written notification setting forth the
reasons for the Secretary's decision not to implement the
recommendation.
(b) Information Collection and Reporting.--
(1) Information collection.--
(A) Regular information collection.--Using the mechanism
developed under subparagraph (B), the Secretary of Defense
shall regularly collect information to measure the prevalence
of domestic violence involving members of the covered Armed
Forces, their intimate partners, and immediate family
members.
(B) Mechanism to measure domestic violence.--The Secretary
of Defense, in coordination with the Centers for Disease
Control and civilian organizations with expertise in
conducting informational surveys, shall develop a mechanism
to carry out the information collection required under
subparagraph (A).
(2) Annual report on domestic violence.--
(A) Report required.--On an annual basis, the Secretary of
Defense shall submit to the congressional defense committees
a report on domestic violence in the covered Armed Forces.
(B) Elements.--The report required under subparagraph (A)
shall include, with respect to the year covered by the
report, the following:
(i) Based on the information collected under paragraph (1),
an assessment of the prevalence of domestic violence
involving members of the covered Armed Forces, their intimate
partners, and immediate family members.
(ii) The number of convictions under section 928b of title
10, United States Code (article 128b of the Uniform Code of
Military Justice).
(iii) The recidivism rate for members of the covered Armed
Forces convicted of domestic violence offenses.
[[Page H3151]]
(iv) The number instances in which a member of the covered
Armed Forces received an administrative discharge as a result
of the member's involvement in a domestic violence incident.
(v) The number of instances in which a member of the
covered Armed Forces was prohibited from possessing firearms
as a result of the member's conviction for a domestic
violence offense.
(vi) Of the incidents described in clause (v), the number
of instances in which the member received a waiver of such
prohibition or was otherwise allowed to access firearms for
duty purposes.
(vii) An explanation of the status of data sharing between
the Department of Defense and civilian law enforcement
agencies on matters relating to domestic violence.
(c) Covered Armed Forces Defined.--In this section, the
term ``covered Armed Forces'' means the Army, the Navy, the
Air Force, and the Marine Corps.
SEC. 538. ACTIONS TO ADDRESS MILITARY-CONNECTED CHILD ABUSE.
(a) In General.--Consistent with the recommendations of the
Government Accountability Office in the report titled
``Increased Guidance and Collaboration Needed to Improve
DOD's Tracking and Response to Child Abuse'' (GAO-20-110),
the Secretary of Defense shall carry out activities to
improve the ability of the Department of Defense to
effectively prevent, track, and respond to military-connected
child abuse.
(b) Activities Required.--The activities carried out under
subsection (a) shall include the following:
(1) The Secretary of Defense shall expand the scope of the
Department of Defense's centralized database on problematic
sexual behavior in children and youth to track information on
all incidents involving child abuse reported to a Family
Advocacy Program or investigated by a military law
enforcement organization, regardless of whether the
perpetrator of the abuse is another child, an adult, or a
person in a noncaregiving role at the time of the incident.
(2) The Secretary of Defense, in consultation with the
Secretary of each military department, shall ensure--
(A) that each Family Advocacy Program records, in a
database of the Program, the date on which the Program
notified a military law enforcement organization of a
reported incident of child abuse; and
(B) that each military law enforcement organization
records, in a database of the organization, the date on which
the organization notified a Family Advocacy Program of a
reported incident of child abuse.
(3) The Secretary of Defense, in consultation with the
Secretary of each military department, shall issue guidance
that clarifies the process through which the Family Advocacy
Program of a covered Armed Force will receive, and
incorporate into the Program's central registry, information
regarding child abuse allegations involving members of that a
covered Armed Force and dependents of such members in cases
in which such allegations were previously recorded by the
Family Advocacy Program of another covered Armed Force. Such
guidance shall include a mechanism for monitoring the process
to ensure that the process is carried out consistently.
(4) Each covered Armed Force shall develop a process to
monitor how reported incidents of child abuse are screened at
military installations to help ensure that all reported child
abuse incidents that should be presented to an Incident
Determination Committee are consistently presented and
tracked.
(5) The Secretary of Defense shall ensure that the Under
Secretary of Defense for Personnel and Readiness, in
consultation with the Director of the Department of Defense
Education Activity, clarifies Department of Defense Education
Activity guidance to define what types of child abuse
incidents must be reported as serious incidents to help
ensure that all serious incidents of which Department of
Defense Education Activity leadership needs to be informed
are accurately and consistently reported by school
administrators.
(6) The Secretary of Defense, in consultation with the
Secretaries of the military departments, shall--
(A) expand the voting membership of each Incident
Determination Committee to include medical personnel with
requisite knowledge and experience; and
(B) ensure, to the extent practicable, that voting
membership of a Committee includes medical personnel with
expertise in pediatric medicine in cases in which a reported
incident of child abuse is under review by the Committee.
(7) Each covered Armed Force shall implement procedures to
provide the families of child abuse victims with
comprehensive information on how reported incidents of child
abuse will be addressed. Such practices may include the
development of a guide that--
(A) explains the processes the Family Advocacy Program and
military law enforcement organizations will follow to address
the report; and
(B) identifies services and other resources available to
victims and their families.
(8) The Secretary of Defense, in consultation with the
Secretaries of the military departments, shall issue guidance
to clarify the circumstances under which military commanders
may exercise the authority to remove a child from a
potentially unsafe home on a military installation outside
the United States.
(9) The Secretary of Defense shall ensure that the Under
Secretary of Defense for Personnel and Readiness, in
consultation with the Director of the Defense Health Agency,
establishes processes that help ensure children who are
sexually abused outside the United States have timely access
to a certified pediatric sexual assault forensic examiner to
conduct an examination. Such processes may include certifying
pediatricians, or adult sexual assault forensic examiners who
have pediatric sexual assault nurse examiner training in a
multidisciplinary team setting, as pediatric examiners during
mandatory training or establishing shared regional assets.
(10) The Secretary of Defense, in consultation with the
Deputy Attorney General, shall establish procedures for
military criminal investigative organizations to communicate
with United States Attorneys, State Attorneys General, and
local prosecutors for relevant cases involving child victims,
including establishing protocols that--
(A) ensure that military investigators are notified when a
prosecution is declined;
(B) provide notice to victims of the status of prosecutions
and, as applicable, the reasons for the declination to
prosecute;
(C) arrange for specialized victim services outside of the
Department of Defense to be provided to juvenile victims to
the extent possible;
(D) facilitate legal assistance or other civil legal aid
services to juvenile victims; and
(E) ensure that juveniles accused of crimes are, to the
extent possible, provided defense counsel who are trained in
representing juveniles.
(11) The Secretary of each military department shall seek
to develop a memorandum of understanding with the National
Children's Alliance that makes children's advocacy center
services and protocols available to all military
installations of the department and increases awareness of
those services across the department.
(c) Deadline.--The Secretary of Defense shall carry out the
activities described in subsection (b) not later than one
year after the date of the enactment of this Act.
(d) Definitions.--In this section:
(1) The term ``child abuse'' means any abuse of a child
(including physical abuse, sexual abuse, emotional abuse, and
neglect) regardless of whether the perpetrator of the abuse
is another child, an adult, or a person in a noncaregiving
role.
(2) The term ``covered Armed Forces'' means the Army, Navy,
Air Force, Marine Corps, and Space Force.
(3) The term ``Incident Determination Committee'' means a
committee established at a military installation that is
responsible for reviewing reported incidents of child abuse
and determining whether such incidents constitute child abuse
according to the applicable criteria of the Department of
Defense.
(4) The term ``military-connected'', when used with respect
to child abuse, means child abuse occurring on a military
installation or involving a dependent of a member of the
covered Armed Forces.
SEC. 539. MULTIDISCIPLINARY BOARD TO EVALUATE SUICIDE EVENTS.
(a) Guidance Required.--The Secretary of Defense shall
issue guidance that requires each suicide event involving of
a member of a covered Armed Force to be reviewed by a
multidisciplinary board established at the command or
installation level. Such guidance shall require that, for
each suicide event reviewed by such a board, the board will--
(1) clearly define the objective, purpose, and outcome of
the review;
(2) take a multidisciplinary appraoch to the review and
include, as part of the review process, leaders of military
units, medical and mental health professionals, and
representatives of military criminal investigative
organizations;
(3) obtain the data necessary to make a comprehensive
Department of Defense suicide event report submission; and
(4) take appropriate steps to protect and share information
obtained from ongoing investigations into the event (such as
medical and law enforcement reports).
(b) Implementation by Covered Armed Forces.--Not later than
90 days after the date on which the guidance is issued under
subsection (a), the chiefs of the covered Armed Forces shall
implement the guidance.
(c) Progress Report.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the progress of the Secretary in implementing the guidance
required under subsection (a).
(d) Covered Armed Forces Defined.--In this section, the
term ``covered Armed Forces'' means the Army, Navy, Air
Force, Marine Corps, and Space Force.
Subtitle E--Sexual Assault
SEC. 541. PROTECTION OF ATTORNEY-CLIENT PRIVILEGE BETWEEN
VICTIMS AND SPECIAL VICTIMS' COUNSEL.
(a) Special Victims' Counsel.--Subsection (c) of section
1044e of title 10, United States Code, is amended to read as
follows:
``(c) Nature of Relationship.--
``(1) Attorney-client relationship.--The relationship
between a Special Victims' Counsel and a victim in the
provision of legal advice and assistance shall be the
relationship between an attorney and client.
``(2) Testimony in legal proceedings.--During any criminal
legal proceeding in which a Special Victims' Counsel is asked
to testify or give evidence, the Special Victims' Counsel
shall be given the same consideration as counsel for the
Government and counsel for the accused.''.
(b) Revision to Military Rules of Evidence.--Not later than
180 days after the date of the enactment of this Act, Rule
502 of the Military Rules of Evidence shall be modified to
provide that the privilege between a Special Victims' Counsel
and a client shall be the same as lawyer-client privilege.
SEC. 542. AUTHORITY OF MILITARY JUDGES AND MILITARY
MAGISTRATES TO ISSUE MILITARY COURT PROTECTIVE
ORDERS.
(a) Judge-issued Military Court Protective Orders.--Chapter
80 of title 10, United
[[Page H3152]]
Stated Code, is amended by adding at the end the following
new section
``Sec. 1567b. Authority of military judges and military
magistrates to issue military court protective orders
``(a) Authority to Issue Military Court Protective
Orders.--The President shall prescribe regulations
authorizing military judges and military magistrates to issue
protective orders in accordance with this section. A
protective order issued in accordance with this section shall
be known as a `military court protective order'. Under the
regulations prescribed by the President, military judges and
military magistrates shall have exclusive jurisdiction over
the issuance, appeal, renewal, and termination of military
court protective orders and such orders may not be issued,
appealed, renewed, or terminated by State, local,
territorial, or tribal courts.
``(b) Enforcement by Civilian Authorities.--
``(1) In general.--In prescribing regulations for military
court protective orders, the President shall seek to ensure
that the protective orders are issued in a form and manner
that is enforceable by State, local, territorial, and tribal
civilian law enforcement authorities.
``(2) Full faith and credit.--Any military court protective
order, should be accorded full faith and credit by the court
of a State, local, territorial, or tribal jurisdiction (the
enforcing jurisdiction) and enforced by the court and law
enforcement personnel of that jurisdiction as if it were the
order of the enforcing jurisdiction.
``(3) Reciprocity agreements.--Consistent with paragraphs
(1) and (2), the Secretary of Defense shall seek to enter
into reciprocity agreements with State, local, territorial,
and tribal civilian law enforcement authorities under which--
``(A) such authorities agree to enforce military court
protective orders; and
``(B) the Secretary agrees to enforce protective orders
issued by such authorities that are consistent with section
2265(b) of title 18.
``(c) Purpose and Form of Issuance.--A military court
protective order may be issued for the purpose of protecting
a victim of an alleged sex or domestic violence offense, or a
family member or associate of the victim, from a person
subject to chapter 47 of this title (the Uniform Code of
Military Justice) who is alleged to have committed such an
offense.
``(d) Timing and Manner of Issuance.--A military court
protective order may be issued--
``(1) by a military magistrate, before referral of charges
and specifications to court-martial for trial, at the request
of--
``(A) a victim of an alleged sex or domestic violence
offense; or
``(B) a Special Victims' Counsel or other qualified counsel
acting on behalf of the victim; or
``(2) by a military judge, after referral of charges and
specifications to court-martial for trial, at the request of
qualified counsel, which may include a Special Victims'
Counsel acting on behalf of the victim or trial counsel
acting on behalf of the prosecution.
``(e) Duration and Renewal of Protective Order.--
``(1) Duration.--A military court protective order shall be
issued for an initial period of thirty days and may be
reissued for one or more additional periods of thirty days in
accordance with paragraph (2).
``(2) Expiration and renewal.--Before the expiration of any
30 day period during which a military court protective order
is in effect, a military judge or military magistrate shall
review the order to determine whether the order will
terminate at the expiration of such period or be reissued for
an additional period of 30 days.
``(3) Notice to protected persons.--If a military judge or
military magistrate determines under paragraph (2) that a
military court protective order will terminate, the judge or
magistrate concerned shall provide to each person protected
by the order reasonable, timely, and accurate notification of
the termination.
``(f) Review of Magistrate-issued Orders.--
``(1) Review.--A military judge, at the request of the
person subject to a military court protective order that was
issued by a military magistrate, may review the order to
determine if the order was properly issued by the magistrate.
``(2) Standards of review.--A military judge who reviews an
order under paragraph (1) shall terminate the order if the
judge determines that--
``(A) the military magistrate's decision to issue the order
was an abuse of discretion, and there is not sufficient
information presented to the military judge to justify the
order; or
``(B) information not presented to the military magistrate
establishes that the military court protective order should
be terminated.
``(g) Due Process.--
``(1) Protection of due process.--Except as provided in
paragraph (2), a protective order authorized under subsection
(a) may be issued only after reasonable notice and
opportunity to be heard, directly or through counsel, is
given to the person against whom the order is sought
sufficient to protect that person's right to due process.
``(2) Emergency orders.--A protective order on an emergency
basis may be issued on an ex parte basis under such rules and
limitations as the President shall prescribe. In the case of
ex parte orders, notice and opportunity to be heard must be
provided within a reasonable time after the order is issued,
sufficient to protect the respondent's due process rights.
``(h) Rights of Victim.--The victim of an alleged sex or
domestic violence offense who seeks a military court
protective order has, in addition to any rights provided
under section 806b (article 6b), the following rights with
respect to any proceeding involving the protective order:
``(1) The right to reasonable, accurate, and timely notice
of the proceeding and of any change in the status of the
protective order resulting from the proceeding.
``(2) The right to be reasonably heard at the proceeding.
``(3) The right to appear in person, with or without
counsel, at the proceeding.
``(4) The right be represented by qualified counsel in
connection with the proceeding, which may include a Special
Victims' Counsel.
``(5) The reasonable right to confer with a representative
of the command of the accused and counsel representing the
government at the proceeding, as applicable.
``(6) The right to submit a written statement, directly or
through counsel, for consideration by the military judge or
military magistrate presiding over the proceeding.
``(i) Restrictions on Access to Firearms.--
``(1) In general.--Notwithstanding any other provision of
law--
``(A) a military court protective order issued on an ex
parte basis shall restrain a person from possessing,
receiving, or otherwise accessing a firearm; and
``(B) a military court protective order issued after the
person to be subject to the order has received notice and
opportunity to be heard on the order, shall restrain such
person from possessing, receiving, or otherwise accessing a
firearm in accordance with section 922 of title 18.
``(2) Notice to attorney general.--Not later than 72 hours
after the issuance of an order described in paragraph (1),
the Secretary of Defense shall submit to the Attorney General
a record of the order.
``(j) Treatment as Lawful Order.--A military court
protective order shall be treated as a lawful order for
purposes of the application of section 892 (article 92) and a
violation of such an order shall be punishable under such
section (article).
``(k) Command Matters.--
``(1) Inclusion in personnel file.--Any military court
protective order against a member shall be placed and
retained in the military personnel file of the member.
``(2) Notice to civilian law enforcement of issuance.--Any
military court protective order against a member shall be
treated as a military protective order for purposes of
section 1567a including for purposes of mandatory
notification of issuance to civilian law enforcement as
required by that section.
``(l) Relationship to Other Authorities.--Nothing in this
section may be construed as prohibiting--
``(1) a commanding officer from issuing or enforcing any
otherwise lawful order in the nature of a protective order to
or against members of the officer's command;
``(2) pretrial restraint in accordance with Rule for
Courts-Martial 304 (as set forth in the Manual for Courts-
Martial, 2019 edition, or any successor rule); or
``(3) pretrial confinement in accordance with Rule for
Courts-Martial 305 (as set forth in the Manual for Courts-
Martial, 2019 edition, or any successor rule)
``(m) Delivery to Certain Persons.--A physical and
electronic copy of any military court protective order shall
be provided, as soon as practicable after issuance, to the
following:
``(1) The person or persons protected by the protective
order or to the guardian of such a person if such person is
under the age of 18 years.
``(2) The person subject to the protective order.
``(3) To such commanding officer in the chain of command of
the person subject to the protective order as the President
shall prescribe for purposes of this section.
``(n) Definitions.--In this section:
``(1) Contact.--The term `contact' includes contact in
person or through a third party, or through gifts,
``(2) Communication.--The term `communication' includes
communication in person or through a third party, and by
telephone or in writing by letter, data fax, or other
electronic means.
``(3) Covered sex or domestic violence offense.--The term
`covered sex or domestic violence offense' means--
``(A) an alleged sex-related offense (as defined in section
1044e(h)); or
``(B) an alleged offense of domestic violence under section
928b of this title (article 128b of the Uniform Code of
Military Justice) or an attempt to commit such an offense
that is punishable under section 880 of this title (article
80 of the Uniform Code of Military Justice).
``(4) Military judge and military magistrate.--The terms
`military judge' and `military magistrate' mean a
commissioned officer of the armed forces who is a member of
the bar of a Federal court or a member of the bar of the
highest court of a State and who is certified to be
qualified, by reason of education, training, experience, and
judicial temperament, for duty as a military judge or
magistrate by the Judge Advocate General of the armed force
of which the officer is a member.
``(5) Protective order.--The term `protective order' means
an order that--
``(A) restrains a person from harassing, stalking,
threatening, or otherwise contacting or communicating with a
victim of an alleged sex or domestic violence offense, or a
family member or associate of the victim, or engaging in
other conduct that would place such other person in
reasonable fear of bodily injury to any such other person;
``(B) by its terms, explicitly prohibits--
``(i) the use, attempted use, or threatened use of physical
force by the person against a victim of an alleged sex or
domestic violence offense, or a family member or associate of
the victim, that would reasonably be expected to cause bodily
injury;
[[Page H3153]]
``(ii) the initiation by the person restrained of any
contact or communication with such other person; or
``(iii) actions described by both clauses (i) and (ii).
``(6) Special victims' counsel.--The term `Special Victims
Counsel' means a Special Victims' Counsel described in
section 1044e and includes a Victims' Legal Counsel of the
Navy.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``1567b. Authority of military judges and military magistrates to issue
military court protective orders.''.
(c) Implementation.--The President shall prescribe
regulations implementing section 1567b of title 10, United
States Code, not later than one year after the date of the
enactment of this Act.
SEC. 543. ADDITIONAL BASES FOR PROVISION OF ADVICE BY THE
DEFENSE ADVISORY COMMITTEE FOR THE PREVENTION
OF SEXUAL MISCONDUCT.
Section 550B(c)(2) of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92) is amended--
(1) by redesignating subparagraph (C) as subparagraph (E);
and
(2) by inserting after subparagraph (B) the following new
subparagraphs:
``(C) Efforts among private employers to prevent sexual
assault and sexual harassment among their employees.
``(D) Evidence-based studies on the prevention of sexual
assault and sexual harassment in the Armed Forces,
institutions of higher education, and the private sector.''.
SEC. 544. MODIFICATION OF REPORTING AND DATA COLLECTION ON
VICTIMS OF SEXUAL OFFENSES.
Section 547 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
10 U.S.C. 1561 note) is amended--
(1) in subsection (a)--
(A) in paragraph (1)--
(i) by striking ``accused of'' and inserting ``suspected
of''; and
(ii) by striking ``assault'' and inserting ``offense'';
(B) in paragraph (2), by striking ``accused of'' and
inserting ``suspected of''; and
(C) in paragraph (3)--
(i) by striking ``assaults'' and inserting ``offenses'';
and
(ii) by striking ``an accusation'' and inserting
``suspicion of'';
(2) by redesignating subsection (b) as subsection (c);
(3) by inserting after subsection (b) the following new
subsection:
``(b) Guidance Required.--The Secretary of Defense shall
issue guidance to ensure the uniformity of the data collected
by each Armed Force for purposes of subsection (a). At a
minimum, such guidance shall establish--
``(1) standardized methods for the collection of the data
required to be reported under such subsection; and
``(2) standardized definitions for the terms `sexual
offense', `collateral miconduct', and `adverse action'.'';
and
(4) by amending subsection (c), as so redesignated, to read
as follows:
``(c) Definitions.--In this section:
``(1) The term `covered individual' means an individual who
is identified in the case files of a military criminal
investigative organization as a victim of a sexual offense
that occurred while that individual was serving on active
duty as a member of the Armed Forces.
``(2) The term `suspected of', when used with respect to a
covered individual suspected of collateral misconduct or
crimes as described in subsection (a), means that an
investigation by a military criminal investigative
organization reveals facts and circumstances that would lead
a reasonable person to believe that the individual committed
an offense under chapter 47 of title 10, United States Code
(the Uniform Code of Military Justice).''.
SEC. 545. MODIFICATION OF ANNUAL REPORT REGARDING SEXUAL
ASSAULTS INVOLVING MEMBERS OF THE ARMED FORCES.
(a) Submission to Congress.--Section 1631(d) of the Ike
Skelton National Defense Authorization Act for Fiscal Year
2011 (Public Law 111-383; 10 U.S.C. 1561 note) is amended by
inserting ``and the Committees on Veterans' Affairs of the
Senate and the House of Representatives'' after ``House of
Representatives''.
(b) Applicability.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act
and shall apply to reports required to be submitted under
section 1631 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
10 U.S.C. 1561 note) on or after such date.
SEC. 546. COORDINATION OF SUPPORT FOR SURVIVORS OF SEXUAL
TRAUMA.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretaries of Defense and
Veterans Affairs shall jointly develop, implement, and
maintain a standard of coordinated care for members of the
Armed Forces who are survivors of sexual trauma. Such
standard shall include the following:
(b) Minimum Elements.--The standard developed and
implemented under subsection (a) by the Secretaries of
Defense and Veterans Affairs shall include the following:
(1) Information for members of the armed forces.--The
Secretary of Defense shall ensure that--
(A) Sexual Assault Response Coordinators and Uniformed
Victim Advocates receive annual training on resources of the
Department of Veterans Affairs regarding sexual trauma;
(B) information regarding services furnished by the
Secretary of Veterans Affairs to survivors of sexual trauma
is provided to each such survivor; and
(C) information described in subparagraph (B) is posted in
the following areas in each facility of the Department of
Defense:
(i) An office of the Family Advocacy Program.
(ii) An office of a mental health care provider.
(iii) Each area in which sexual assault prevention staff
normally post notices or information.
(iv) High-traffic areas (including dining facilities).
(2) Coordination between staff of the departments.--The
Secretaries shall ensure that a Sexual Assault Response
Coordinator or Uniformed Victim Advocate of the Department of
Defense who receives a report of an instance of sexual trauma
connects the survivor to the Military Sexual Trauma
Coordinator of the Department of Veterans Affairs at the
facility of that Department nearest to the residence of that
survivor if that survivor is a member separating or retiring
from the Armed Forces.
(c) Reports.--
(1) Report on residential treatment.--Not later than 180
days after the date of the enactment of this Act, the
Secretaries of Defense and Veterans Affairs shall provide a
report to the appropriate committees of Congress regarding
the availability of residential treatment programs for
survivors of sexual trauma, including--
(A) barriers to access for such programs; and
(B) resources required to reduce such barriers.
(2) Initial report.--Upon implementation of the standard
under subsection (a), the Secretaries of Defense and Veterans
Affairs shall jointly submit to the appropriate committees of
Congress a report on the standard.
(3) Progress reports.--Not later than 180 days after
submitting the initial report under paragraph (2), and on
December 1 of each subsequent year, the Secretaries of
Defense and Veterans Affairs shall jointly submit to the
appropriate committees of Congress a report on the progress
of the Secretaries in implementing and improving the
standard.
(4) Updates.--Whenever the Secretaries of Defense and
Veterans Affairs update the standard developed under
subsection (a), the Secretaries shall jointly submit to the
appropriate committees of Congress a report on such update,
including a comprehensive and detailed description of such
update and the reasons for such update.
(d) Definitions.--In this section:
(1) The term ``sexual trauma'' means psychological trauma
described in section 1720D(a)(1) of title 38, United States
Code.
(2) The term ``appropriate committees of Congress'' means--
(A) the Committees on Veterans' Affairs of the House of
Representatives and the Senate; and
(B) the Committees on Armed Services of the House of
Representatives and the Senate.
SEC. 547. POLICY ON SEPARATION OF VICTIM AND ACCUSED AT
MILITARY SERVICE ACADEMIES.
(a) In General.--The Secretary of Defense shall, in
consultation with the Secretaries of the military departments
and the Superintendent of each military service academy,
prescribe in regulations a policy under which a cadet or
midshipman of a military service academy who is the alleged
victim of a sexual assault and a cadet or midshipman who is
the alleged perpetrator of such assault shall, to the extent
practicable, each be given the opportunity to complete their
course of study at the academy without--
(1) taking classes together; or
(2) otherwise being in close proximity to each other during
mandatory activities.
(b) Elements.--The Secretary of Defense shall ensure that
the policy developed under subsection (a)--
(1) protects the alleged victim as necessary, including by
prohibiting retaliatory harassment;
(2) allows both the victim and the accused to complete
their course of study at the institution with minimal
disruption;
(3) protects the privacy of both the victim and the accused
by ensuring that information about the alleged sexual assault
and the individuals involved is not revealed to third parties
who are not specifically authorized to receive such
information in the course of performing their regular duties,
except that such policy shall not preclude the alleged victim
or the alleged perpetrator from making such disclosures to
third parties; and
(4) minimizes the burden on the alleged victim when taking
steps to separate the alleged victim and alleged perpetrator.
(c) Special Rule.--The policy developed under subsection
(a) shall not preclude a military service academy from taking
other administrative or disciplinary action when appropriate.
(d) Military Service Academy Defined.--In this section, the
term ``military service academy'' means the following:
(1) The United States Military Academy.
(2) The United States Naval Academy.
(3) The United States Air Force Academy.
SEC. 548. SAFE-TO-REPORT POLICY APPLICABLE ACROSS THE ARMED
FORCES.
(a) In General.--The Secretary of Defense shall, in
consultation with the Secretaries of the military
departments, prescribe in regulations a safe-to-report policy
described in subsection (b) that applies with respect to all
members of the covered Armed Forces (including members of the
reserve components of the covered Armed Forces) and cadets
and midshipmen at the military service academies.
(b) Safe-to-report Policy.--The safe-to-report policy
described in this subsection is a policy that prescribes the
handling of minor collateral misconduct involving a member of
the covered Armed Forces who is the alleged victim of sexual
assault.
(c) Aggravating Circumstances.--The regulations under
subsection (a) shall specify aggravating circumstances that
increase the gravity
[[Page H3154]]
of minor collateral misconduct or its impact on good order
and discipline for purposes of the safe-to-report policy.
(d) Tracking of Collateral Misconduct Incidents.--In
conjunction with the issuance of regulations under subsection
(a), Secretary shall develop and implement a process to track
incidents of minor collateral misconduct that are subject to
the safe-to-report policy.
(e) Definitions.--In this section:
(1) The term ``covered Armed Forces'' has the meaning given
the term ``armed forces'' in section 101(a)(4) of title 10,
United States Code, except such term does not include the
Coast Guard.
(2) The term ``military service academy'' means the
following:
(A) The United States Military Academy.
(B) The United States Naval Academy.
(C) The United States Air Force Academy.
(3) The term ``minor collateral misconduct'' means any
minor misconduct that is potentially punishable under chapter
47 of title 10, United States Code (the Uniform Code of
Military Justice), that--
(A) is committed close in time to or during the sexual
assault, and directly related to the incident that formed the
basis of the sexual assault allegation;
(B) is discovered as a direct result of the report of
sexual assault or the ensuing investigation into the sexual
assault; and
(C) does not involve aggravating circumstances (as
specified in the regulations prescribed under subsection (c))
that increase the gravity of the minor misconduct or its
impact on good order and discipline.
SEC. 549. QUESTION IN WORKPLACE AND GENDER RELATIONS SURVEYS
REGARDING PROSECUTIONS OF SEXUAL ASSAULT.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
include in the covered surveys a question regarding whether a
member of an Armed Force under the jurisdiction of the
Secretary of a military department would be more willing to
report a sexual assault if prosecution decisions were made by
lawyers and not commanders.
(b) Covered Surveys Defined.--In this section, the term
``covered surveys'' means the workplace and gender relations
surveys and focus groups administered by the Office of People
Analytics of the Department of Defense, including--
(1) the Workplace and Gender Relations Survey of Active
Duty Members;
(2) the Workplace and Gender Relations Survey of Reserve
Component Members;
(3) the Military Service Gender Relations Focus Group; and
(4) any successor survey or focus group.
SEC. 549A. PILOT PROGRAM ON PROSECUTION OF SPECIAL VICTIM
OFFENSES COMMITTED BY ATTENDEES OF MILITARY
SERVICE ACADEMIES.
(a) Pilot Program.--Beginning not later than January 1,
2021, the Secretary of Defense shall carry out a pilot
program (referred to in this Act as the ``Pilot Program'')
under which the Secretary shall establish, in accordance with
this section, an independent authority to--
(1) review each covered special victim offense; and
(2) determine whether such offense shall be referred to
trial by an appropriate court-martial convening authority.
(b) Office of the Chief Prosecutor.--
(1) Establishment.--As part of the Pilot Program, the
Secretary shall establish, within the Office of the Secretary
of Defense, an Office of the Chief Prosecutor.
(2) Head of office.--The head of the Office shall be known
as the Chief Prosecutor. The Secretary shall appoint as the
Chief Prosecutor a commissioned officer in the grade of O-7
or above who--
(A) has significant experience prosecuting sexual assault
trials by court-martial; and
(B) is outside the chain of command of any cadet or
midshipman described in subsection (f)(2).
(3) Responsibilities.--The Chief Prosecutor shall exercise
the authorities described in subsection (c) but only with
respect to covered special victim offenses.
(4) Special rule.--Notwithstanding any other provision of
law, the military service from which the Chief Prosecutor is
appointed is authorized an additional billet for a general
officer or a flag officer for each year in the two year
period beginning with the year in which the appointment is
made.
(5) Termination.--The Office of the Chief Prosecutor shall
terminate on the date on which the Pilot Program terminates
under subsection (e).
(c) Referral to Office of the Chief Prosecutor.--
(1) Investigation phase.--
(A) Notice and information.--A military criminal
investigative organization that receives an allegation of a
covered special victim offense shall provide to the Chief
Prosecutor and the commander of the military service academy
concerned--
(i) timely notice of such allegation; and
(ii) any information and evidence obtained as the result a
subsequent investigation into the allegation.
(B) Trial counsel.--A trial counsel assigned to a case
involving a covered special victim offense shall, during the
investigative phase of such case, provide the Chief
Prosecutor with the information necessary to enable the Chief
Prosecutor to make the determination required under paragraph
(3).
(2) Referral to chief prosecutor.--In the case of a charge
relating to a covered special victim offense, in addition to
referring the charge to the staff judge advocate under
subsection (a) or (b) of section 834 of title 10, United
States Code (article 34 of the Uniform Code of Military
Justice), the convening authority of the Armed Force of which
the accused is a member shall refer, as soon as reasonably
practicable, the charge to the Chief Prosecutor to make the
determination required by paragraph (3).
(3) Prosecutorial determination.--The Chief Prosecutor
shall make a determination regarding whether a charge
relating to a covered special victim offense shall be
referred to trial. If the Chief Prosecutor makes a
determination that the charge shall be tried by court-
martial, the Chief Prosecutor also shall determine whether
the charge shall be tried by a general court-martial convened
under section 822 of title 10, United States Code (article 22
of the Uniform Code of Military Justice) or a special court-
martial convened under section 823 of such title (article 23
of the Uniform Code of Military Justice). The determination
of whether to try a charge relating to a covered special
victim offense by court-martial shall include a determination
of whether to try any known offenses, including any lesser
included offenses.
(4) Effect of determination and appeals process.--
(A) Determination to proceed to trial.--Subject to
subparagraph (C), a determination to try a charge relating to
a covered special victim offense by court-martial under
paragraph (3), and the determination as to the type of court-
martial, shall be binding on any convening authority under
chapter 47 of title 10, United States Code (the Uniform Code
of Military Justice) for a trial by court-martial on the
charge.
(B) Determination not to proceed to trial.--Subject to
subparagraph (C), a determination under paragraph (3) not to
proceed to trial on a charge relating to a covered special
victim offense by general or special court-martial shall be
binding on any convening authority under chapter 47 of title
10, United States Code (the Uniform Code of Military Justice)
except that such determination shall not operate to terminate
or otherwise alter the authority of the convening authority--
(i) to proceed to trial by court-martial on charges of
collateral misconducted related to the special victim
offense; or
(ii) to impose non-judicial punishment in connection with
the conduct covered by the charge as authorized by section
815 of such title (article 15 of the Uniform Code of Military
Justice).
(C) Appeal.--In a case in which a convening authority and
the staff judge advocate advising such authority disagree
with the determination of the Chief Prosecutor under
paragraph (3), the convening authority and staff judge
advocate may jointly appeal the determination to the General
Counsel of the Department of Defense. The determination of
the General Counsel with respect to such appeal shall be
binding on the Chief Prosecutor and the convening authority
concerned.
(5) Trial by randomized jury.--After the Chief Prosecutor
makes a determination under paragraph (3) to proceed to trial
on a charge relating to a covered special victim offense, the
matter shall be tried by a court-martial convened within the
Armed Force of which the accused is a member in accordance
with the applicable provisions of chapter 47 of title 10,
United States Code (the Uniform Code of Military Justice)
except that, when convening a court-martial that is a general
or special court-martial involving a covered special victim
offense in which the accused elects a jury trial, the
convening authority shall detail members of the Armed Forces
as members thereof at random unless the obtainability of
members of the Armed Forces for such court-martial prevents
the convening authority from detailing such members at
random.
(6) Unlawful influence or coercion.--The actions of the
Chief Prosecutor under this subsection whether or not to try
charges by court-martial shall be free of unlawful or
unauthorized influence or coercion.
(d) Effect on Other Law.--This section shall supersede any
provision of chapter 47 of title 10, United States Code (the
Uniform Code of Military Justice), that is inconsistent with
this section, but only to the extent of the inconsistency.
(e) Termination and Transition.--
(1) Termination.--The authority of the Secretary to carry
out the Pilot Program shall terminate four years after the
date on which the Pilot Program is initiated.
(2) Transition.--The Secretary shall take such actions as
are necessary to ensure that, on the date on which the Pilot
Program terminates under paragraph (1), any matter referred
to the Chief Prosecutor under subsection (c)(2), but with
respect to which the Chief Prosecutor has not made a
determination under subsection (c)(3), shall be transferred
to the appropriate convening authority for consideration.
(f) Definitions.--In this Act:
(1) The term ``Armed Force'' means an Armed Force under the
jurisdiction of the Secretary of a military department.
(2) The term ``covered special victim offense'' means a
special victim offense--
(A) alleged to have been committed on or after the date of
the enactment of this Act by a cadet of the United States
Military Academy or the United States Air Force Academy,
without regard to the location at which the offense was
committed; or
(B) alleged to have been committed on or after the date of
the enactment of this Act by a midshipman of the United
States Naval Academy, without regard to the location at which
the offense was committed.
(3) The term ``Secretary'' means the Secretary of Defense.
(4) The term ``special victim offense'' means any of the
following:
(A) An offense under section 917a, 920, 920b, 920c, or 930
of title 10, United States Code (article 117a, 120, 120b,
120c, or 130 of the Uniform Code of Military Justice).
[[Page H3155]]
(B) A conspiracy to commit an offense specified in
subparagraph (A) as punishable under section 881 of such
title (article 81 of the Uniform Code of Military Justice).
(C) A solicitation to commit an offense specified in
subparagraph (A) as punishable under section 882 of such
title (article 82 of the Uniform Code of Military Justice).
(D) An attempt to commit an offense specified in
subparagraph (A) as punishable under section 880 of such
title (article 80 of the Uniform Code of Military Justice).
SEC. 549B. REPORT ON STATUS OF INVESTIGATIONS OF ALLEGED SEX-
RELATED OFFENSES.
(a) Reports Required.--Not later than one year after the
date of the enactment of this Act, and annually thereafter
through December 31, 2025, the Secretary of each military
department shall submit to the congressional defense
committees a report on the status of investigations into
alleged sex-related offenses.
(b) Elements.--Each report under subsection (a) shall
include, with respect to investigations into alleged sex-
related offenses carried out by military criminal
investigative organizations under the jurisdiction of the
Secretary concerned during the preceding year, the following:
(1) The total number of investigations.
(2) For each investigation--
(A) the date the investigation was initiated; and
(B) an explanation of whether the investigation is in-
progress or complete as of the date of the report and, if
complete, the date on which the investigation was completed.
(3) The total number of investigations that are complete as
of the date of the report.
(4) The total number of investigations that are in-progress
as of the date of the report.
(5) For investigations lasting longer than 180 days, an
explanation of the primary reasons for the extended duration
of the investigation.
(c) Definitions.--In this section:
(1) The term ``alleged sex-related offense'' has the
meaning given that term in section 1044(e)(h) of title 10,
United States Code.
(2) The term ``complete'' when used with respect to an
investigation of an alleged sex-related offense, means the
active phase of the investigation is sufficiently complete to
enable the appropriate authority to reach a decision with
respect to the disposition of charges for the offense.
Subtitle F--Member Education, Training, and Transition
SECTION 551. COUNSELING IN THE TRANSITION ASSISTANCE PROGRAM
REGARDING SEXUAL ASSAULT, SEXUAL OR GENDER
HARASSMENT, AND INTIMATE PARTNER VIOLENCE.
Section 1142(b) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(20) Information concerning health care (including mental
health care) furnished by the Secretary of Veterans Affairs
to veterans and members of the Armed Forces who have survived
sexual assault, sexual or gender harassment, or intimate
partner violence.''.
SEC. 552. ESTABLISHMENT OF MENTORING AND CAREER COUNSELING
PROGRAM.
(a) In General.--Chapter 107 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 2158. Mentoring and career counseling program
``(a) Establishment; Objectives.--The Secretary of Defense,
in coordination with the Secretaries of the military
departments and the Chief Diversity Officer, shall implement
a program for mentoring and career counseling that--
``(1) ensures that all military occupational specialties
and career fields reflect the demographics of the armed
forces; and
``(2) ensures that members in all ranks and grades reflect
the demographics of the armed forces.
``(b) Program Description and Components.--The program
under subsection (a) shall--
``(1) include mentoring and career counseling efforts that
start prior to the initial career field decision point and
continue throughout the career of each participating member;
``(2) provide guidance on accession into the military
occupational specialties and career fields that experience
the highest rates and greatest number of promotions to a
grade above O-6; and
``(3) promote information regarding career choices,
including opportunities in the reserve components, to
optimize the ability of a participating member to make
informed career choices from accession to retirement.
``(c) Evaluation Metrics.--The Secretary of Defense shall
establish and maintain metrics to evaluate the effectiveness
of the program under this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 107 of such title is amended by at the
end the following new item:
``2158. Mentoring and career counseling program.''.
(c) Interim Report.--
(1) Report required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees on Armed
Services of the Senate and the House of Representatives a
report on the implementation of section 2158 of title 10,
United States Code, as added by subsection (a).
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) A description and assessment of the manner in which the
Department of Defense shall implement the program under
subsection (a) of such section 2158.
(B) The initial evaluation metrics developed under
subsection (c) of such section 2158.
(C) An explanation of whether the program will be carried
out as part of another program of the Department or through
the establishment of a separate program.
(D) A comprehensive description of the additional
personnel, resources, and training that will be required to
implement the program, including identification of the
specific number of additional billets that will be needed to
staff the program.
(E) Recommendations of the Secretary for additional
legislation that the Secretary determines e necessary to
effectively and efficiently implement the program.
(d) Annual Report.--
(1) Report required.--Not later than October 1, 2021, and
annually thereafter for three years, the Secretary of Defense
shall submit to the congressional defense committees on Armed
Services of the Senate and the House of Representatives a
report on the program under section 2158 of title 10, United
States Code, as added by subsection (a).
(2) Elements.--Each report under paragraph (1) shall
include, disaggregated by Armed Force, the following:
(A) The latest evaluation metrics developed under
subsection (c) of such section 2158.
(B) The number of individuals, disaggregated by grade,
ethnicity, race, and gender, who were eligible for
participation in the program.
(C) The number of individuals, disaggregated by grade,
ethnicity, race, and gender, who opted out of participation
in the program.
(D) An assessment of the effectiveness of the program in
advancing the careers of minority commissioned officers.
(e) Publication.--The Secretary of Defense shall--
(1) publish on an appropriate publicly available website of
the Department of Defense the reports required under
subsections (c) and (d); and
(2) ensure that any data included with each such report is
made available in a machine-readable format that is
downloadable, searchable, and sortable.
(f) Implementation Date.--The Secretary of Defense shall
implement the program under section 2158 of title 10, United
States Code, as added by subsection (a), not later than one
year after the date of the enactment of this Act.
(g) Definitions.--In this section:
(1) The term ``minority person'' means any individual who
is a citizen of the United States and who is--
(A) Asian American;
(B) Native Hawaiian;
(C) a Pacific Islander;
(D) African American;
(E) Hispanic;
(F) Puerto Rican;
(G) Native American;
(H) an Alaska Native; or
(I) female.
(2) The term ``minority commissioned officer'' means any
commissioned officer who is a minority person.
(3) The term ``machine-readable'' has the meaning given
that term in section 3502(18) of title 44, United States
Code.
SEC. 553. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER.
(a) Authority to Award Bachelor's Degrees.--Section 2168 of
title 10, United States Code, is amended--
(1) in the section heading, by striking ``Associate'' and
inserting ``Associate or Bachelor''; and
(2) by amending subsection (a) to read as follows:
``(a) Subject to subsection (b), the Commandant of the
Defense Language Institute may confer--
``(1) an Associate of Arts degree in a foreign language
upon any graduate of the Foreign Language Center of the
Institute who fulfills the requirements for that degree; or
``(2) a Bachelor of Arts degree in a foreign language upon
any graduate of the Foreign Language Center of the Institute
who fulfills the requirements for that degree.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 108 of title 10, United States Code, is
amended by striking the item relating to section 2168 and
inserting the following new item:
``2168. Defense Language Institute Foreign Language Center: degree of
Associate or Bachelor of Arts in foreign language.''.
SEC. 554. DEFENSE LANGUAGE INSTITUTE FOREIGN LANGUAGE CENTER.
(a) Authority to Award Bachelor's Degrees.--Section 2168 of
title 10, United States Code, is amended--
(1) in the section heading, by striking ``Associate'' and
inserting ``Associate or Bachelor''; and
(2) by amending subsection (a) to read as follows:
``(a) Subject to subsection (b), the Commandant of the
Defense Language Institute may confer--
``(1) an Associate of Arts degree in a foreign language
upon any graduate of the Foreign Language Center of the
Institute who fulfills the requirements for that degree; or
``(2) a Bachelor of Arts degree in a foreign language upon
any graduate of the Foreign Language Center of the Institute
who fulfills the requirements for that degree.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 108 of title 10, United States Code, is
amended by striking the item relating to section 2168 and
inserting the following new item:
``2168. Defense Language Institute Foreign Language Center: degree of
Associate or Bachelor of Arts in foreign language.''.
[[Page H3156]]
SEC. 555. INCREASE IN NUMBER OF PERMANENT PROFESSORS AT THE
UNITED STATES AIR FORCE ACADEMY.
Section 9431(b)(4) of title 10, United States Code, is
amended by striking ``23'' and inserting ``25''.
SEC. 556. INFORMATION ON NOMINATIONS AND APPLICATIONS FOR
MILITARY SERVICE ACADEMIES.
(a) Congressional Nominations Portal.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary, in consultation
with the Superintendents of the military service academies,
shall ensure that there is a uniform online portal for all
military service academies that enables Members of Congress
to nominate individuals for appointment to each academy
through a secure website.
(2) Information collection and reporting.--The online
portal established under paragraph (1) shall--
(A) collect, from each Member of Congress, the demographic
information described in subsection (b) for each individual
nominated by the Member; and
(B) collect the information required to be included in each
annual report of the Secretary under subsection (c) in a
manner that enables the Secretary to automatically compile
such information when preparing the report.
(3) Availability of information.--The portal shall allow
Members of Congress and their designees to view past
nomination records for all application cycles.
(b) Standard Classifications for Collection of Demographic
Data.--
(1) Standards required.--The Secretary, in consultation
with the Superintendents of the military service academies,
shall establish standard classifications that cadets,
midshipmen, and applicants to the academies may use to self-
identify gender, race, and ethnicity and to provide other
demographic information in connection with admission to or
enrollment in an academy.
(2) Consistency with omb guidance.--The standard
classifications established under paragraph (1) shall be
consistent with the standard classifications specified in
Office of Management and Budget Directive No. 15 (pertaining
to race and ethnic standards for Federal statistics and
administrative reporting) or any successor directive.
(3) Incorporation into applications and records.--Not later
than 180 days after the date of the enactment of this Act,
the Secretary shall incorporate the standard classifications
established under paragraph (1) into--
(A) applications for admission to the military service
academies; and
(B) the military personnel records of cadets and midshipmen
enrolled in such academies.
(c) Annual Report on the Demographics Military Service
Academy Applicants.--
(1) Report required.--Not later than September 30 of each
year beginning after the date of the enactment of this Act,
the Secretary shall submit to the congressional defense
committees a report on the demographics of applicants to
military service academies for the most recently concluded
application year.
(2) Elements.--Each report under paragraph (1) shall
include, with respect to each military service academy, the
following:
(A) The number of individuals who submitted an application
for admission to the academy in the application year covered
by the report.
(B) Of the individuals who submitted an application for
admission to the academy in such year--
(i) the overall demographics of applicant pool,
disaggregated by the classifications established under
subsection (b) and by Member of Congress;
(ii) the number and percentage who received a nomination,
disaggregated by the classifications established under
subsection (b) and by Member of Congress;
(iii) the number and percentage who received an offer for
appointment to the academy, disaggregated by the
classifications established under subsection (b) and by
Member of Congress; and
(iv) the number and percentage who accepted an appointment
to the academy, disaggregated by the classifications
established under subsection (b) and by Member of Congress.
(3) Consultation.--In preparing each report under paragraph
(1), the Secretary shall consult with the Superintendents of
the military service academies.
(4) Availability of reports and data.--The Secretary
shall--
(A) make the results of each report under paragraph (1)
available on a publicly accessible website of the Department
of Defense; and
(B) ensure that any data included with the report is made
available in a machine-readable format that is downloadable,
searchable, and sortable.
(d) Definitions.--In this section:
(1) The term ``application year'' means the period
beginning on January 1 of one year and ending on June 1 of
the following year.
(2) The term ``congressional defense committees'' has the
meaning given that term in section 101(a)(16) of title 10,
United States Code.
(3) The term ``machine-readable'' has the meaning given
that term in section 3502(18) of title 44, United States
Code.
(4) The term ``military service academy'' means--
(A) the United States Military Academy;
(B) the United States Naval Academy; and
(C) the United States Air Force Academy.
(5) The term ``Secretary'' means the Secretary of Defense.
SEC. 557. TRANSFORMATION OF THE PROFESSIONAL MILITARY
EDUCATION ENTERPRISE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) professional military education is foundational to the
development of ethical and effective military leaders and
vital to national security;
(2) oversight of professional military education is an
essential part of Congress' constitutional responsibilities
to regulate and maintain the Armed Forces of the United
States;
(3) reform of the professional military education system,
as directed by the congressional defense committees, has
played a central role in the institutionalization of
jointness as envisioned by the Goldwater-Nichols Department
of Defense Reorganization Act of 1986 (Public Law 99-433);
(4) the Goldwater-Nichols professional military education
model has served the Nation well since the end of the Cold
War by enabling successful joint military operations across
the spectrum of conflict;
(5) recent changes in the national security environment
require that the professional military education enterprise
adapt to prepare the joint force to successfully defend
American interests in evolving areas of strategic
competition;
(6) the Department of Defense must transform the
professional military education enterprise to meet these
challenges by emphasizing focused and rigorous intellectual
study reflecting the hard won strategic insights of history,
while leveraging advancements in the modern learning
environment.
(b) Limitation.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2021 for the Department of Defense may be
obligated or expended consolidate, close, or significantly
change the curriculum of the National Defense University or
any institution of professional military education of an
Armed Force until a period of 120 days has elapsed following
the date on which the Under Secretary of Defense for
Personnel and Readiness submits the report required under
subsection (c).
(c) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, acting
through the Under Secretary of Defense for Personnel and
Readiness, shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on
the status of the professional military education enterprise.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) A consolidated summary that--
(i) lists all components of the professional military
education enterprise of the Department of Defense, including
all associated schools, programs, research centers, and
support activities; and
(ii) for each such component, identifies the assigned
personnel strength, annual student throughput, and budget
details covering the period of three fiscal years preceding
the date of the report.
(B) An assessment of the effectiveness and shortfalls of
the existing professional military education enterprise as
measured against graduate utilization, post-graduate
evaluations, and the education and force development
requirements of the Chairman of the Joint Chiefs of Staff and
the Chiefs of the Armed Forces.
(C) Recommendations to improve the intellectual readiness
of the joint force through reforms designed to--
(i) improve the warfighting readiness, intellectual fitness
and cognitive ingenuity of military leaders;
(ii) promote development of strategic thinkers capable of
developing integrated political-military and cross-domain
strategies and new doctrinal concepts;
(iii) enhance the effectiveness, coherence, and efficiency
of individual service approaches to professional military
education;
(iv) improve the depth and rigor of professional military
education curriculum in alignment with national defense
strategy pacing threats while enhancing strategic
relationships and operational integration with key allies and
international security partners; and
(v) foster the deliberate development of world-class
faculty through increasing the value of faculty assignments
and other appropriate measures.
SEC. 558. COLLEGE OF INTERNATIONAL SECURITY AFFAIRS OF THE
NATIONAL DEFENSE UNIVERSITY.
(a) Prohibition.--The Secretary of Defense may not
eliminate, divest, downsize, or reorganize the College of
International Security Affairs, nor its satellite program,
the Joint Special Operations Masters of Arts, of the National
Defense University, or seek to reduce the number of students
educated at the College, or its satellite program, until 30
days after the date on which the congressional defense
committees receive the report required by subsection (c).
(b) Assessment, Determination, and Review.--The Under
Secretary of Defense for Policy, in consultation with the
Under Secretary of Defense for Personnel and Readiness, the
Assistant Secretary of Defense for Special Operations/Low-
Intensity Conflict , the Deputy Assistant Secretary of
Defense for Counternarcotics and Global Threats, the Deputy
Assistant Secretary of Defense for Stability and Humanitarian
Affairs, the Deputy Assistant Secretary of Defense for
Special Operations and Combating Terrorism, the Chief
Financial Officer of the Department, the Chairman of the
Joint Chiefs of Staff, and the Commander of United States
Special Operations Command, shall--
(1) assess requirements for joint professional military
education and civilian leader education in the
counterterrorism, irregular warfare, and asymmetrical domains
to support the Department and other national security
institutions of the Federal Government;
[[Page H3157]]
(2) determine whether the importance, challenges, and
complexity of the modern counterterrorism environment and
irregular and asymmetrical domains warrant--
(A) a college at the National Defense University, or a
college independent of the National Defense University whose
leadership is responsible to the Office of the Secretary of
Defense; and
(B) the provision of resources, services, and capacity at
levels that are the same as, or decreased or enhanced in
comparison to, those resources, services, and capacity in
place at the College of International Security Affairs on
January 1, 2019;
(3) review the plan proposed by the National Defense
University for eliminating the College of International
Security Affairs and reducing and restructuring the
counterterrorism, irregular, and asymmetrical faculty, course
offerings, joint professional military education and degree
and certificate programs, and other services provided by the
College; and
(4) assess the changes made to the College of International
Security Affairs since January 1, 2019, and the actions
necessary to reverse those changes, including relocating the
College and its associated budget, faculty, staff, students,
and facilities outside of the National Defense University.
(c) Report Required.--Not later than February 1, 2021, the
Secretary shall submit to the congressional defense
committees a report on--
(1) the findings of the Secretary with respect to the
assessments, determination, and review conducted under
subsection (b); and
(2) such recommendations as the Secretary may have for
higher education in the counterterrorism, irregular, and
asymmetrical domains.
SEC. 559. PUBLIC-PRIVATE CONSORTIUM TO IMPROVE PROFESSIONAL
MILITARY EDUCATION.
(a) Establishment.--The Secretary of Defense, acting
through the Chairman of the Joint Chiefs of Staff and in
consultation with the Under Secretary of Defense for
Personnel and Readiness, shall establish and maintain a
public-private consortium (referred to in this section as the
``Consortium'') to improve and broaden professional military
education for military officers and civilian employees of the
Federal Government.
(b) Directors.--
(1) In general.--The President of the National Defense
University and the head of a civilian institution of higher
education appointed in accordance with paragraph (3) shall
serve as co-directors of the Consortium.
(2) Responsibilities of co-directors.--The co-directors
shall be responsible for--
(A) the administration and management of the Consortium;
and
(B) developing a common curriculum for professional
military education using input received from members of the
Consortium.
(3) Appointment of co-director from civilian institution.--
Not later than June 1, 2021, the Secretary of Defense shall
appoint an individual who is the President or Chancellor of a
civilian institution of higher education to serve as co-
director of the Consortium as described in paragraph (1).
(4) Term of co-director.--The co-director appointed under
paragraph (3) shall serve an initial term of five years. The
Secretary of Defense may reappoint such co-director for one
or more additional terms of not more than five years, as the
Secretary determines appropriate.
(5) Authority.--In the event that a conflict arises between
co-directors of the Consortium, the conflict shall be
resolved by the Director for Joint Force Development of the
Joint Chiefs of Staff (J-7).
(c) Activities of Consortium.--The Consortium shall carry
out the following activities:
(1) Bring the military education system (including military
service academies, institutions that provide professional
military education, and other institutions the provide
military education) together with a broad group of civilian
institutions of higher education, policy research institutes,
and the commercial sector to develop and continually update a
research-based curriculum to prepare early career, mid-
career, and senior military officers and civilian employees
of the Federal Government to succeed in an era that will be
predominantly defined by great power competition and in which
security challenges will transcend the traditional areas of
defense expertise, becoming more complex and inter-related
than before, with disruptions that will manifest rapidly and
with little warning.
(2) Train military officers and civilian educators serving
in the joint professional military education system to
implement the curriculum developed under paragraph (2) at the
institutions they serve.
(3) On a regular basis, make recommendations to the
Secretary about how the joint professional military education
system should be modified to meet the challenges of apparent
or possible future defense, national security, and
international environments.
(d) Members.--The Consortium shall be composed of
representatives selected by the Secretary of Defense from the
following organizations:
(1) Organizations within the joint professional military
education system.
(2) Military service academies.
(3) Other institutions of the Federal Government that
provide military education.
(4) Civilian institutions of higher education.
(5) Private sector and government policy research
institutes.
(6) Organizations in the commercial sector, including
organizations from the industrial, finance, and technology
sectors.
(e) Annual Report.--Not later than September 30, 2022, and
annually thereafter, the co-directors of the Consortium shall
submit to the Secretary of Defense and the congressional
defense committees a report that describes the activities
carried out by the Consortium during the preceding year.
(f) Civilian Institution Defined.--In this section, the
term ``civilian institution of higher education'' means an
institution of higher education (as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)) that is
not owned or controlled by the Federal Government.
Subtitle G--Military Family Readiness and Dependents' Education
SECTION 561. FAMILY READINESS: DEFINITIONS; COMMUNICATION
STRATEGY; REPORT.
(a) Definitions.--Not later than six months after the date
of the enactment of this Act, the Secretary of Defense, in
coordination with the Secretaries of the military
departments, shall define the terms ``military family
readiness'' and ``military family resiliency''.
(b) Communication Strategy.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense, in coordination with the Secretaries of the military
departments, shall establish and implement a strategy
regarding communication with military families. The strategy
shall include the following:
(1) The use of a variety of modes of communication to
ensure the broadest means of communicating with military
families.
(2) Updating an existing annual standardized survey that
assesses military family readiness to address the following
issues:
(A) Communication with beneficiaries.
(B) Child care.
(C) Education,
(D) Spousal employment.
(E) The Exceptional Family Member Program.
(F) Financial literacy.
(G) Financial stress.
(H) Health care (including copayments, network adequacy,
and the availability of appointments with health care
providers).
(c) Report.--Not later than 180 days after the date of the
enactment of the Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report regarding the feasibility
of implementing the recommendations in--
(1) chapter 3 of the report of the Inspector General of the
Department of Defense for fiscal year 2020, ``Ensuring
Wellness and Wellbeing of Service-Members and their
Families''; and
(2) the report, dated July 2019, of the National Academies
of Science, Engineering and Medicine, titled ``Strengthening
the Military Family Readiness System for a Changing American
Society''.
SEC. 562. SUPPORT SERVICES FOR MEMBERS OF SPECIAL OPERATIONS
FORCES AND IMMEDIATE FAMILY MEMBERS.
(a) In General.--Section 1788a of title 10, United States
Code, is amended--
(1) in the heading--
(A) by striking ``Family support'' and inserting
``Support'';
(B) by striking ``immediate family members of''; and
(C) by adding ``; immediate family members'' at the end;
(2) in subsection (a), by striking ``for the immediate
family members of members of the armed forces assigned to
special operations forces'';
(3) in subsection (b)(1)--
(A) by striking ``the immediate family members''; and
(B) by inserting ``and the immediate family members of such
members'' before the semicolon;
(4) in subsection (d)(2)--
(A) in subparagraph (A)--
(i) by striking ``family members of''; and
(ii) by inserting ``and immediate family members of such
members'' before the period;
(B) in subparagraph (B)--
(i) by striking ``and on family members of'' and inserting
a comma; and
(ii) by inserting ``, and immediate family members of such
members'' before the period; and
(5) in subsection (e)(4)--
(A) by inserting ``psychological support, spiritual
support, and'' before ``costs'';
(B) by striking ``immediate family members of'';
(C) by inserting ``(including the reserve components)''
after ``members of the armed forces''; and
(D) by inserting ``, and immediate family members of such
members,'' before ``while''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 88 of title 10, United States Code, is
amended by striking the item relating to section 1788a and
inserting the following:
``1788a. Support programs: members of special operations forces;
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.
(a) Authority.--Section 1798 of title 10, United States
Code, is amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by inserting ``, or to an in-home child care provider,''
after ``youth program services'';
(2) by redesignating subsection (c) as subsection (d); and
(3) by inserting after subsection (b) the following new
subsection (c):
``(c) Eligible In-home Child Care Providers.--The Secretary
may determine that an in-home child care provider is eligible
for financial assistance under this section.''.
(b) In-home Child Care Provider Defined.--Section 1800 of
such title is amended by adding at the end the following:
``(5) The term `in-home child care provider' means an
individual (including a nanny, babysitter, or au pair) who
provides child care services in the home of the child.''.
[[Page H3158]]
(c) Regulations.--Not later than July 1, 2021, the
Secretary of Defense shall prescribe regulations that
establish eligibility requirements and amounts of financial
assistance for an in-home child care provider under
subsection (c) of section 1798 of title 10, United States
Code, as amended by subsection (a).
SEC. 564. EXPANSION OF FINANCIAL ASSISTANCE UNDER MY CAREER
ADVANCEMENT ACCOUNT PROGRAM.
Section 580F of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) is amended--
(1) by inserting ``or maintenance (including continuing
education courses)'' after ``pursuit''; and
(2) by adding at the end the following: ``Such financial
assistance may be applied to the costs of national tests that
may earn a participating military spouse course credits
required for a degree approved under the program (including
the College Level Examination Program tests and the Subject
Standardized Tests of the Defense Activity for Non-
Traditional Education Support Division of the Department of
Defense).''
SEC. 565. CHILD CARE.
(a) 24-hour Child Care.--If the Secretary of Defense
determines it feasible, the Secretary shall furnish child
care to each child of a member of the Armed Forces or
employee of the Department of Defense while that member or
employee works on rotating shifts at a military installation.
(b) Metrics.--Not later than six months after the date of
the enactment of this Act, the Secretary of Defense shall
develop and implement metrics to evaluate the effectiveness
of the child care priority system of the Department of
Defense, including--
(1) the speed of placement for children of members of the
Armed Forces on active duty;
(2) the type of child care offered;
(3) available spaces in such system, if any; and
(4) other metrics to monitor the child care priority system
determined by the Secretary.
(c) Report.--Not later than 180 days after the date of the
enactment of the Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report regarding the results of a
study that evaluates--
(1) the sufficiency of the stipend furnished by the
Secretary to members of the Armed Forces for civilian child
care; and
(2) whether the amount of such stipend should be based on--
(A) cost of living in the applicable locale; and
(B) the capacity of licensed civilian child care providers
in the local market.
SEC. 566. CONTINUATION OF PAID PARENTAL LEAVE UPON DEATH OF
CHILD.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall amend the
regulations prescribed pursuant to subsections (i) and (j) of
section 701 of title 10, United States Code, to provide that
the eligibility of primary and secondary caregivers for paid
parental leave that has already been approved shall not
terminate upon the death of the child for whom such leave is
taken.
SEC. 567. STUDY AND REPORT ON THE PERFORMANCE OF THE
DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.
(a) Study.--The Secretary of Defense shall conduct a study
on the performance of the Department of Defense Education
Activity.
(b) Elements.--The study under subsection (a) shall include
the following:
(1) A review of the curriculum relating to health,
resiliency, and nutrition taught in schools operated by the
Department of Defense Education Activity and a comparison of
such curriculum to appropriate education benchmarks.
(2) An analysis of the outcomes experienced by students in
such schools, as measured by--
(A) the performance of such students on the National
Assessment of Educational Progress carried out under section
303(b)(3) of the National Assessment of Educational Progress
Authorization Act (20 U.S.C. 9622(b)(3)); and
(B) any other methodologies used by the Department of
Defense Education Activity to measure individual student
outcomes.
(3) An assessment of the effectiveness of the School
Liaison Officer program of the Department of Defense
Education Activity in achieving the goals of the program with
an emphasis on goals relating to special education and family
outreach.
(c) Report.--Not later than 180 days after the date of the
enactment of the Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report that includes the findings
of the study conducted under subsection (a).
SEC. 568. COMPTROLLER GENERAL OF THE UNITED STATES REPORT ON
THE STRUCTURAL CONDITION OF DEPARTMENT OF
DEFENSE EDUCATION ACTIVITY SCHOOLS.
(a) Report Required.--Not later than one year after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the congressional defense
committees a report setting forth an assessment by the
Comptroller General of the structural condition of schools of
the Department of Defense Education Activity, both within the
continental United States (CONUS) and outside the continental
United States (OCONUS).
(b) Virtual Schools.--The report shall include an
assessment of the virtual infrastructure or other means by
which students attend Department of Defense Education
Activity schools that have no physical structure, including
the satisfaction of the military families concerned with such
infrastructure or other means.
SEC. 569. PILOT PROGRAM TO EXPAND ELIGIBILITY FOR ENROLLMENT
AT DOMESTIC DEPENDENT ELEMENTARY AND SECONDARY
SCHOOLS.
(a) Pilot Program Authorized.--Beginning not later than 180
days after the date of the enactment of this Act, the
Secretary of Defense shall carry out a pilot program under
which a dependent of a full-time, active-duty member of the
Armed Forces may enroll in a covered DODEA school at the
military installation to which the member is assigned, on a
space-available basis as described in subsection (c), without
regard to whether the member resides on the installation as
described in 2164(a)(1) of title 10, United States Code.
(b) Purposes.--The purposes of the pilot program under this
section are--
(1) to evaluate the feasibility and advisability of
expanding enrollment in covered DODEA schools; and
(2) to determine how increased access to such schools will
affect military and family readiness.
(c) Enrollment on Space-available Basis.--A student
participating in the pilot program under this section may be
enrolled in a covered DODEA school only if the school has the
capacity to accept the student, as determined by the Director
of the Department of Defense Education Activity.
(d) Locations.--The Secretary of Defense shall carry out
the pilot program under this section at not more than four
military installations at which covered DODEA schools are
located. The Secretary shall select military installations
for participation in the program based on--
(1) the readiness needs of the Secretary of a the military
department concerned; and
(2) the capacity of the DODEA schools located at the
installation to accept additional students, as determined by
the Director of the Department of Defense Education Activity.
(e) Termination.--The authority to carry out the pilot
program under this section shall terminate four years after
the date of the enactment of this Act.
(f) Covered DODEA School Defined.--In this Section, the
term ``covered DODEA school'' means a domestic dependent
elementary or secondary school operated by the Department of
Defense Education Activity that--
(1) has been established on or before the date of the
enactment of this Act; and
(2) is located in the continental United States.
SEC. 569A. CONTINUED ASSISTANCE TO SCHOOLS WITH SIGNIFICANT
NUMBERS OF MILITARY DEPENDENT STUDENTS.
(a) Assistance to Schools With Significant Numbers of
Military Dependent Students.--Of the amount authorized to be
appropriated for fiscal year 2021 in division D of this Act
and available for operation and maintenance for Defense-wide
activities as specified in the funding table in section 4301
of this Act, $40,000,000 shall be available only for the
purpose of providing assistance to local educational agencies
under subsection (a) of section 572 of the National Defense
Authorization Act for Fiscal Year 2006 (Public Law 109-163;
20 U.S.C. 7703b).
(b) Impact Aid for Children With Severe Disabilities.--Of
the amount authorized to be appropriated for fiscal year 2021
in division D of this Act and available for operation and
maintenance for Defense-wide activities as specified in the
funding table in section 4301 of this Act, $10,000,000 shall
be available for payments under section 363 of the Floyd D.
Spence National Defense Authorization Act for Fiscal Year
2001 (Public Law 106-398; 20 U.S.C. 7703a).
(c) Local Educational Agency Defined.--In this section, the
term ``local educational agency'' has the meaning given that
term in section 7013(9) of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7713(9)).
SEC. 569B. STANDARDIZATION OF THE EXCEPTIONAL FAMILY MEMBER
PROGRAM.
(a) Policy.--Not later than six months after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretaries of the military
departments, shall, to the extent practicable, standardize
the Exceptional Family Member Program (in this section
referred to as the ``EFMP'') across the military departments.
(b) Elements.--The EFMP, standardized under subsection (a),
shall include the following:
(1) Processes for the identification and enrollment of
dependents of covered members with special needs.
(2) A process for the permanent change of orders for
covered members, to ensure seamless continuity of services at
the new permanent duty station.
(3) A review process for installations to ensure that
health care furnished through the TRICARE program, special
needs education programs, and installation-based family
support programs are available to military families enrolled
in the EFMP.
(4) A standardized respite care benefit across the covered
Armed Forces, including the number of hours available under
such benefit to military families enrolled in the EFMP.
(5) Outcomes and metrics to evaluate the EFMP.
(6) A requirement that the Secretary of each military
department provide a dedicated EFMP attorney, who specializes
in education law, at each military installation--
(A) the Secretary determines is a primary receiving
installation for military families with special needs; and
(B) in a State that the Secretary determines has
historically not supported families enrolled in the EFMP.
(7) The option for a family enrolled in the EFMP to
continue to receive all services under that program and the
bachelor allowance for housing if--
(A) the covered member receives a new permanent duty
station; and
(B) the covered member and family elect for the family not
to relocate with the covered member.
[[Page H3159]]
(8) A process to discuss policy challenges and
opportunities, best practices adopted across the covered
Armed Forces, a forum period for discussion with members of
military families with special needs, and other matters the
Secretary of Defense determines appropriate.
(c) Case Management.--The Secretary of Defense, in
coordination with the Secretaries of the military
departments, shall develop an EFMP case management model,
including the following:
(1) A single EFMP office, located at the headquarters of
each covered Armed Force, to oversee implementation of the
EFMP and coordinate health care services, permanent change of
station order processing, and educational support services
for that covered Armed Force.
(2) An EFMP office at each military installation with case
managers to assist each family of a covered member in the
development of a plan that addresses the areas specified in
subsection (b)(1).
(d) Report.--Not later than 180 days after the date of the
enactment of the Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the Senate and the
House of Representatives a report on the implementation of
the items identified under subsections (a), (b), and (c),
including any recommendations of the Secretary regarding
legislation.
(e) 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 the House of Representatives a
report on--
(1) whether military families have higher rates of disputes
and loss of free and appropriate public education under
section 504 of the Rehabilitation Act of 1973 (Public Law 93-
112; 29 U.S.C. 794) than civilian counterparts; and
(2) an analysis of the number of due process hearings that
were filed by school districts against children of members of
the Armed Forces.
(f) Definitions.--In this section:
(1) The term ``covered Armed Force'' means an Armed Force
under the jurisdiction of the Secretary of a military
department.
(2) The term ``covered member'' means a member--
(A) of a covered Armed Force; and
(B) with a dependent with special needs.
Subtitle H--Diversity and Inclusion
SEC. 571. DIVERSITY AND INCLUSION REPORTING REQUIREMENTS.
(a) Standard Diversity Metrics and Annual Reporting
Requirement.--Section 113 of title 10, United States Code is
amended--
(1) in subsection (c)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting after paragraph (1), the following new
paragraph (2):
``(2) a report from each military department on the goals,
barriers, and status of diversity and inclusion of that
military department;''; and
(2) in subsection (g)(1)(B), by inserting after clause
(vi), the following new clause (vii):
``(vii) Strategic metrics and benchmarks evaluating how the
officer and enlisted corps reflects the eligible United
States population across all armed forces and ranks.'';
(3) by redesignating subsections (m) and (n) as subsections
(n) and (o), respectively; and
(4) by inserting after subsection (k), the following new
subsections (l) and (m):
``(l)(1) The Secretary of Defense shall establish and
maintain a standard set of strategic metrics and benchmarks
toward objectives of:
``(A) an officer and enlisted corps that reflects the
eligible U.S. population across all armed forces and ranks;
and
``(B) a military force that is able to prevail in its wars,
prevent and deter conflict, defeat adversaries and succeed in
a wide range of contingencies, and preserve and enhance the
all-volunteer force.
``(2) In implementing the requirement in paragraph (1), the
Secretary shall--
``(A) establish a universal data collection system to
ensure comparability across each military department;
``(B) establish standard definitions of demographic groups,
a common methodology, and a common reporting structure across
each military department;
``(C) conduct annual barrier analyses to review demographic
diversity patterns across the military life cycle, starting
with accessions; and
``(D) each year meet with the Secretaries of the military
departments, the Chiefs of Staff of the armed forces, and the
Chairman of the Joint Chiefs of Staff to assess progress
towards the objective under paragraph (1) and establish
recommendations to meet such objective.
``(m) The Secretary shall include in each national defense
strategy under subsection (g)--
``(1) the demographics, disaggregated by grade, ethnicity,
race, gender, and military occupational specialty, for--
``(A) accession into the armed forces;
``(B) the enlisted corps;
``(C) the commissioned officers;
``(D) graduates of the military service academies;
``(E) the rate of promotion in the promotion zone;
``(F) the rate of promotion below the zone for promotion;
``(G) the rates of retention;
``(H) command selection;
``(I) special assignments;
``(J) career broadening assignments;
``(K) aides to general officers and flag officers; and
``(L) any other matter the Secretary determines
appropriate;
``(2) an analysis of assignment patterns by ethnicity,
race, and gender;
``(3) an analysis of attitudinal survey data by ethnicity,
race, and gender;
``(4) an assessment of the available pool of qualified of
Asian American, Native Hawaiian, Pacific Islander, African
American, Hispanic, Puerto Rican, Native American, Alaska
Native and female candidates for pay grades O-9 and O-10;
``(5) identification of persistent, group-specific
deviations from overall averages and plans to investigate
underlying causes; and
``(6) summaries of progress made on previous actions.''.
(b) National Guard Diversity Reporting.--Section 10504 of
title 10, United States Code is amended by adding at the end
the following new subsection (d):
``(d) Report on Diversity and Inclusion.--
``(1) In general.--Not less than once every four years, the
Chief of the National Guard Bureau shall report in writing to
the Secretary of Defense and the Congress on the status of
diversity in each State, Territory, and the District of
Columbia for all ranks of the Army and Air National Guard.
``(2) Elements.--Each report under paragraph (1) shall
include--
``(A) the demographics, disaggregated by State, grade,
ethnicity, race, gender, and military occupational specialty,
for--
``(i) accession into the National Guard;
``(ii) the enlisted corps;
``(iii) the commissioned officers;
``(iv) the rate of promotion in the promotion zone;
``(v) the rate of promotion below the zone for promotion;
``(vi) the rates of retention;
``(vii) command selection;
``(viii) special assignments;
``(ix) career broadening assignments;
``(x) aides to a general officer; and
``(xi) any other matter the Chief of the National Guard
Bureau determines appropriate;
``(B) an analysis of assignment patterns by ethnicity,
race, and gender;
``(C) an analysis of attitudinal survey data by ethnicity,
race, and gender;
``(D) an assessment of the available pool of qualified of
Asian American, Native Hawaiian, Pacific Islander, African
American, Hispanic, Puerto Rican, Native American, Alaska
Native and female candidates for pay grades O-9 and O-10;
``(E) identification of persistent, group-specific
deviations from overall averages and plans to investigate
underlying causes; and
``(F) summaries of progress made on previous actions.
``(3) Public availability.--The Chief of the National Guard
Bureau shall--
``(A) publish on an appropriate publicly available website
of the National Guard the reports required under paragraph
(1); and
``(B) ensure that any data included with the report is made
available in a machine-readable format that is downloadable,
searchable, and sortable.''.
(c) Coast Guard Diversity Reporting.--Section 5101 of title
14, United States Code is amended--
(1) in subsection (b)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively; and
(B) by inserting after paragraph (1), the following new
paragraph (2):
``(2) the goals, barriers, and status of diversity and
inclusion;''; and
(3) by adding at the end the following new subsection (c):
``(c) Not less than once every four years, the Secretary
shall include in the annual request under subsection (a)--
``(1) the demographics, disaggregated by grade, ethnicity,
race, gender, and military occupational specialty, for--
``(A) accession into the Coast Guard;
``(B) the enlisted corps;
``(C) the commissioned officers;
``(D) graduates of the Coast Guard Academy;
``(E) the rate of promotion in the promotion zone;
``(F) the rate of promotion below the zone for promotion;
``(G) the rates of retention;
``(H) command selection;
``(I) special assignments;
``(J) career broadening assignments;
``(K) aides to a flag officer; and
``(L) any other matter the Secretary determines
appropriate;
``(2) an analysis of assignment patterns by ethnicity,
race, and gender;
``(3) an analysis of attitudinal survey data by ethnicity,
race, and gender;
``(4) an assessment of the available pool of qualified of
Asian American, Native Hawaiian, Pacific Islander, African
American, Hispanic, Puerto Rican, Native American, Alaska
Native and female candidates for pay grades O-9 and O-10;
``(5) identification of persistent, group-specific
deviations from overall averages and plans to investigate
underlying causes; and
``(6) summaries of progress made on previous actions.''.
(d) Requirement to Consider Minority Officers for O-9 and
O-10 Grades.--
(1) Army, navy, air force, marine corps, and space force.--
Section 601 of title 10, United States Code is amended by
adding at the end the following new subsections:
``(e) The Chairman of the Joint Chiefs of Staff shall
consider all Asian American, Native Hawaiian, Pacific
Islander, African American, Hispanic, Puerto Rican, Native
American, Alaska Native and female candidates prior to
recommending to the President an initial appointment to the
grade of lieutenant general or vice admiral, or an initial
appointment to the grade of general or admiral.
``(f) When seeking the advice and consent of the Senate
under subsection (a), the President
[[Page H3160]]
shall submit to the Committee on Armed Services of the Senate
a certification that--
``(1) all Asian American, Native Hawaiian, Pacific
Islander, African American, Hispanic, Puerto Rican, Native
American, Alaska Native and female candidates were considered
for appointment; and
``(2)(A) none of the candidates under subparagraph (A) met
the qualifications needed by an officer serving in that
position or office to carry out effectively the duties and
responsibilities of that position or office; or
``(B) the officers in the positions designated under
subsection (a) represent the diversity of the armed forces to
the extent practicable.''.
(2) Coast guard.--Section 305(a) of title 14, United States
Code, is amended by adding at the end the following new
paragraphs:
``(4) The Commandant shall consider all Asian American,
Native Hawaiian, Pacific Islander, African American,
Hispanic, Puerto Rican, Native American, Alaska Native and
female candidates prior to recommending to the President an
initial appointment to the grade of vice admiral, or an
initial appointment to the grade of admiral.
``(5) When seeking the advice and consent of the Senate
under subsection (a), the President shall submit to the
committee of the Senate with jurisdiction over the department
in which the Coast Guard is operating a certification that--
``(A) all Asian American, Native Hawaiian, Pacific
Islander, African American, Hispanic, Puerto Rican, Native
American, Alaska Native and female candidates were considered
for appointment; and
``(B)(i) none of the candidates under subparagraph (A) met
the qualifications needed by an officer serving in that
position or office to carry out effectively the duties and
responsibilities of that position or office; or
``(ii) the officers in the positions designated under
subsection (a) represent the diversity of the armed forces to
the extent practicable.''.
SEC. 572. ESTABLISHMENT OF DIVERSITY AND INCLUSION ADVISORY
COUNCIL OF THE DEPARTMENT OF DEFENSE.
(a) Establishment.--Chapter 7 of title 10, United States
Code, is amended by inserting before section 187 the
following:
``Sec. 186. Diversity and Inclusion Advisory Council
``(a) Establishment.--The Secretary of the Department of
Defense (referred to in this section as the `Secretary')
shall establish a council to be known as the `Diversity and
Inclusion Advisory Council of the Department of Defense'
(referred to in this section as the `Council').
``(b) Duties.--The Council shall provide advice and
recommendations to the Secretary on matters concerning
diversity and inclusion in the Department of Defense,
relating to the following:
``(1) Aligning diversity and inclusion with the strategic
goals of the Department of Defense.
``(2) Conducting strategic outreach efforts to identify,
attract, and recruit individuals that represent the
demographic diversity of the United States.
``(3) Developing, mentoring, and retaining a diverse and
inclusive Armed Forces.
``(4) Encouraging leadership development through diversity
and inclusion practices and processes.
``(c) Membership.--
``(1) In general.--The Council shall be composed of not
fewer than 22 members, including the Federal officials and
officers specified in paragraph (2), and not fewer than 12
members appointed by the Secretary from nongovernmental
positions described in paragraph (3).
``(2) Federal officials and officers.--The Federal
officials and officers specified in this paragraph are the
following:
``(A) The Chief Diversity Officer of the Department of
Defense.
``(B) The Under Secretary of Defense for Personnel and
Readiness.
``(C) The Chief of Staff of the Army.
``(D) The Chief of Naval Operations.
``(E) The Chief of Staff of the Air Force.
``(F) The Chief of Space Operations.
``(G) The Chief of Staff of the Air Force.
``(H) The Commandant of the Marine Corps.
``(I) The Commandant of the Coast Guard.
``(J) The Chief of the National Guard Bureau.
``(3) Nongovernmental positions.--Nongovernmental positions
described in this paragraph are the following:
``(A) Five presidents or chancellors of institutions of
higher education, including private and public institutions
representing diverse areas of the United States.
``(B) Senior leaders of the defense industries of the
United States.
``(C) Senior leaders of veterans or military service
organizations.
``(D) Veterans (as defined in section 101 of title 38).
``(E) Others determined appropriate by the Secretary.
``(4) Timing of appointments.--Appointments to the Council
shall be made not later than for months after the date of the
enactment of this Act.
``(5) Terms.--
``(A) In general.--Each member shall be appointed for a
term of two years.
``(B) Vacancies.--Any member appointed to fill a vacancy
occurring before the expiration of the term for which the
member's predecessor was appointed shall be appointed only
for the remainder of that term. A member may serve after the
expiration of that term until a successor has been appointed.
``(6) Chairperson and vice chairperson.--
``(A) Chairperson.--The Chairperson of the Council shall be
the Chief Diversity Officer of the Department of Defense.
``(B) Vice chairperson.--The Vice Chairperson shall be
designated by the Secretary at the time of the appointment of
the members pursuant to paragraph (4), and when a vacancy of
the Vice Chairperson occurs, as the case may be.
``(d) Meeting.--
``(1) Meetings.--The Council shall meet not fewer than four
times each year at the call of the Chairperson or Vice
Chairperson.
``(2) Quorum.--Twelve members of the Council, including six
appointed under subsection (c)(2) and six appointed under
subsection (c)(3), shall constitute a quorum.
``(e) Compensation.--
``(1) Prohibition on compensation.--Except as provided in
paragraph (2), members of the Council may not receive
additional pay, allowances, or benefits by reason of their
service on the Council.
``(2) Travel expenses.--Each member shall receive travel
expenses, including per diem in lieu of subsistence, in
accordance with applicable provisions under subchapter I of
chapter 57 of title 5.
``(f) Administrative Support Services.--Upon the request of
the Council, the Secretary shall provide to the Council, on a
reimbursable basis, the administrative support services
necessary for the Council to carry out its responsibilities
under this Act.
``(g) Reports.--Not later than 180 days after the date on
which the Council holds its initial meeting under subsection
(d) and annually thereafter, the Council shall submit to the
congressional defense committees a report containing a
detailed statement of the advice and recommendations of the
Council pursuant to subsection (b).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 7 of title 10, United States Code, is
amended by inserting before the item relating to section 187
the following:
``186. Diversity and Inclusion Advisory Council.''.
SEC. 573. ESTABLISHMENT OF SPECIAL INSPECTOR GENERAL FOR
RACIAL AND ETHNIC DISPARITIES IN THE ARMED
FORCES; AMENDMENTS TO INSPECTOR GENERAL ACT.
(a) Special Inspector General for Racial and Ethnic
Disparities in the Armed Forces.--
(1) Purposes.--The purposes of this section are the
following:
(A) To provide for the independent and objective conduct
and supervision of audits and investigations relating to
racial and ethnic disparities in military personnel and
military justice systems, and white supremacy among military
personnel.
(B) To provide recommendations to the Secretary of Defense
and to Congress on actions necessary to eliminate racial and
ethnic disparities in military personnel and military justice
systems.
(2) Office of inspector general.--To carry out the purposes
of paragraph (1), there is hereby established, in the
Department of Defense, the Office of the Special Inspector
General for Racial and Ethnic Disparities in the Armed
Forces.
(3) Appointment of inspector general.--
(A) Nomination; appointment.--The head of the Office of the
Special Inspector General for Racial and Ethnic Disparities
is the Special Inspector General for Racial and Ethnic
Disparities (in this section referred to as the ``Inspector
General''), who shall be appointed by the President, by and
with the advice and consent of the Senate.
(B) Qualifications.--The appointment of the Inspector
General shall be made solely on the basis of integrity and
demonstrated ability in accounting, auditing, financial
analysis, law, management analysis, public administration, or
investigations.
(C) Deadline for nomination.--The nomination of an
individual as Inspector General shall be made not later than
90 days after the date of the enactment of this Act.
(D) Compensation.--The annual rate of basic pay of the
Inspector General shall be the annual rate of basic pay
provided for positions at level IV of the Executive Schedule
under section 5315 of title 5, United States Code.
(E) Prohibition on political activities.--For purposes of
section 7324 of title 5, United States Code, the Inspector
General shall not be considered an employee who determines
policies to be pursued by the United States in the nationwide
administration of Federal law.
(F) Removal.--The Inspector General shall be removable from
office in accordance with the provisions of section 3(b) of
the Inspector General Act of 1978 (5 U.S.C. App.).
(4) Assistant inspectors general.--The Inspector General
shall, in accordance with applicable laws and regulations
governing the civil service, appoint an Assistant Inspector
General for Military Justice who shall have the
responsibility for auditing and investigation activities
relating to racial and ethnic disparities within the military
justice system.
(5) Supervision.--
(A) In general.--Except as provided in subparagraph (B),
the Inspector General shall report directly to, and be under
the general supervision of the Secretary of Defense.
(B) Independence to conduct investigations and audits.--No
officer of the Department of Defense shall prevent or
prohibit the Inspector General from initiating, carrying out,
or completing any audit or investigation related to racial
and ethnic disparities or from issuing any subpoena during
the course of any such audit or investigation.
(6) Duties.--
(A) Oversight of military justice.--It shall be the duty of
the Inspector General to conduct, supervise, and coordinate
audits and investigations of--
[[Page H3161]]
(i) the effect of military justice policies and practices
on racial and ethnic disparities, including
overrepresentation of minorities in actions related to
investigations, courts-martial, nonjudicial punishments, and
other military justice actions as determined by the Inspector
General;
(ii) the effect of military personnel policies and
practices, including recruiting, accessions, and promotions,
on racial and ethnic disparities, including
underrepresentation of minorities among members of the Armed
Forces under the jurisdiction of the Secretary of a military
department in grades above E-7;
(iii) the scope and efficacy of existing diversity and
inclusion offices and programs within the Department of
Defense; and
(iv) white supremacist activities among military personnel
and any other issues, determined by the Inspector General,
necessary to address racial and ethnic disparities within the
Armed Forces under the jurisdiction of the Secretary of a
military department.
(B) Other duties related to oversight.--The Inspector
General shall establish, maintain, and oversee such systems,
procedures, and controls as the Inspector General considers
appropriate to discharge the duties under subparagraph (A).
(C) Duties and responsibilities under inspector general act
of 1978.--In addition to the duties specified in
subparagraphs (A) and (B), the Inspector General shall also
have the duties and responsibilities of inspectors general
under the Inspector General Act of 1978.
(D) Coordination of efforts.--In carrying out the duties,
responsibilities, and authorities of the Inspector General
under this section, the Inspector General shall coordinate
with, and receive the cooperation of each of the following:
(i) The Inspector General of the Department of Defense.
(ii) The Inspector General of the Army.
(iii) The Inspector General of the Navy.
(iv) The Inspector General of the Air Force.
(7) Powers and authorities.--
(A) Authorities under inspector general act of 1978.--In
carrying out the duties specified in paragraph (6), the
Inspector General shall have the authorities provided in
section 6 of the Inspector General Act of 1978.
(B) Audit standards.--The Inspector General shall carry out
the duties specified in paragraph (6)(A) in accordance with
section 4(b)(1) of the Inspector General Act of 1978.
(8) Personnel, facilities, and other resources.--
(A) Personnel.--The Inspector General may select, appoint,
and employ such officers and employees as may be necessary
for carrying out the duties of the Inspector General, subject
to the provisions of title 5, United States Code, governing
appointments in the competitive service, and the provisions
of chapter 51 and subchapter III of chapter 53 of such title,
relating to classification and General Schedule pay rates.
(B) Employment of experts and consultants.--The Inspector
General may obtain services as authorized by section 3109 of
title 5, United States Code, at daily rates not to exceed the
equivalent rate prescribed for grade GS-15 of the General
Schedule by section 5332 of such title.
(C) Contracting authority.--To the extent and in such
amounts as may be provided in advance by appropriations Acts,
the Inspector General may enter into contracts and other
arrangements for audits, studies, analyses, and other
services with public agencies and with private persons, and
make such payments as may be necessary to carry out the
duties of the Inspector General.
(D) Resources.--The Secretary of Defense, as appropriate,
shall provide the Inspector General with appropriate and
adequate office space at appropriate locations of the
Department of Defense, together with such equipment, office
supplies, and communications facilities and services as may
be necessary for the operation of such offices, and shall
provide necessary maintenance services for such offices and
the equipment and facilities located therein.
(E) Assistance from federal agencies.--
(i) In general.--Upon request of the Inspector General for
information or assistance from any department, agency, or
other entity of the Federal Government, the head of such
entity shall, insofar as is practicable and not in
contravention of any existing law, furnish such information
or assistance to the Inspector General, or an authorized
designee.
(ii) Reporting of refused assistance.--Whenever information
or assistance requested by the Inspector General is, in the
judgment of the Inspector General, unreasonably refused or
not provided, the Inspector General shall report the
circumstances to the Secretary of Defense, as appropriate,
and to the appropriate congressional committees without
delay.
(9) Reports.--
(A) Quarterly reports.--Not later than 30 days after the
end of each fiscal-year quarter, the Inspector General shall
submit quarterly reports to the Secretary of Defense and the
congressional defense committees summarizing the activities
of the Inspector General for the previous quarter.
(B) Annual reports.--The Inspector General shall submit
annual reports to the Secretary of Defense and the
congressional defense committees presenting recommendations
for changes to policy, practice, regulation, and statute to
eliminate disparities within the military personnel and
military justice systems and to eliminate white supremacist
activities among military personnel.
(C) Occasional reports.--The Inspector General shall, from
time to time, submit additional reports containing findings
and recommendations at the discretion of the Inspector
General.
(D) Online publication.--The Inspector General shall
publish each report under this paragraph on a publicly
available website not later than seven days after submission
to the Secretary of Defense and the congressional defense
committees.
(10) Funding.--This section shall be carried out using not
more than $10,000,000 of funds authorized to be appropriated
in this Act for Operation and Maintenance, Defense-wide, and
no additional amounts are authorized to be appropriated to
carry out this section.
(b) Amendments to the Inspector General Act.--The Inspector
General Act of 1978 (5 U.S.C. App.) is amended--
(1) in section 3(b)--
(A) by inserting ``(1)'' before ``An Inspector General'';
(B) by inserting after the first sentence the following:
``An Inspector General may only be removed by the President
before the expiration of the term of the Inspector General
for permanent incapacity, neglect of duty, malfeasance,
conviction of a felony or conduct involving moral turpitude,
knowing violation of a law, gross mismanagement, gross waste
of funds, or abuse of authority.''; and
(C) by adding at the end the following new paragraphs:
``(2) If an Inspector General is removed by the President
under paragraph (1) fewer than 30 days after the President
has communicated in writing the reasons for such removal
pursuant to paragraph (1), the Inspector General shall submit
to the Council of the Inspectors General on Integrity and
Efficiency a report that includes the following information:
``(A) A description of the facts and circumstances of each
investigation involving a senior government employee (as
defined in section 5 of this Act) being conducted by that
Inspector General at the time of such removal.
``(B) Any other matter that the Inspector General
determines to include.
``(3) Any individual serving as the head of an Office of
Inspector General, after the removal of an Inspector General
under paragraph (1), shall issue to the Council of the
Inspectors General on Integrity and Efficiency a report
identifying any instances in which an investigation or matter
described in paragraph (2) is closed prior to its completion,
with a description of the reasons for closing the
investigation or matter.''; and
(2) in section 8G(e), by adding at the end the following
new paragraph:
``(3) In the event of the removal of an Inspector General,
the Council of the Inspectors General on Integrity and
Efficiency shall--
``(A) investigate the reasons for removal provided by the
President;
``(B) publish a report including the determination of the
Council whether the reasons described in subparagraph (A) are
in accordance with the relevant provisions relating to for
cause removal;
``(C) review any investigation that was being conducted by
the Inspector General at the time of such removal; and
``(D) submit, to the congressional committees the Council
determine to be relevant, a report that includes the
determination of the Council whether an investigation
described in subparagraph (C) motivated such removal.''.
SEC. 574. QUESTIONS REGARDING RACISM, ANTI-SEMITISM, AND
SUPREMACISM IN WORKPLACE SURVEYS ADMINISTERED
BY THE SECRETARY OF DEFENSE.
Section 593 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) is amended, in paragraph
(1), by inserting ``, racist, anti-Semitic, or supremacist''
after ``extremist''.
SEC. 575. REPORT ON DEMOGRAPHICS OF OFFICERS APPOINTED TO
CERTAIN GRADES.
Not later than the first October 1 to occur after the date
of the enactment of this Act, and annually thereafter, each
Secretary of a military department shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report summarizing the gender and race of
each individual who received an appointment under section 531
or 601 of title 10, United States Code, during the
immediately preceding fiscal year.
SEC. 576. PLANS TO INCREASE FEMALE AND MINORITY
REPRESENTATION IN THE ARMED FORCES.
(a) Plans Required.--The Secretary of Defense and each
Secretary of a military department shall develop plans to
increase, with respect to female and minority members of the
Armed Forces under the jurisdiction of that Secretary, the
following:
(1) Recruitment.
(2) Retention.
(3) Representation in grades above E-7.
(b) Elements.--Each plan developed under this section shall
include clearly defined goals, performance measures, and
timeframes.
(c) Goals.--A goal under subsection (b) shall be to exceed,
by not less than 100 percent, the rate at which the number of
members described in subsection (a)(3) increased during the
five years immediately preceding the date of the enactment of
this Act.
(d) Submittal.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense and each
Secretary of a military department shall submit to the
committees on Armed Services of the Senate and the House of
Representatives a copy of each plan developed under this
section by that Secretary.
(e) Report.--Three months after submitting a plan under
subsection (d) and quarterly thereafter for five years, the
Secretary of Defense and each Secretary of a military
department shall submit to the committees on Armed Services
of the Senate and the House of Representatives a report
indicating the number of female and minority members in
grades above E-7 in
[[Page H3162]]
each Armed Force under the jurisdiction of that Secretary.
SEC. 577. EVALUATION OF BARRIERS TO MINORITY PARTICIPATION IN
CERTAIN UNITS OF THE ARMED FORCES.
(a) Study Required.--
(1) In general.--Not later than 30 days after the date of
the enactment of this Act, the Under Secretary of Defense for
Personnel and Readiness shall seek to enter into an agreement
with a federally funded research and development center with
relevant expertise to conduct an evaluation of the barriers
to minority participation in covered units of the Armed
Forces.
(2) Elements.--The evaluation required under paragraph (1)
shall include the following elements:
(A) A description of the racial, ethnic, and gender
composition of covered units.
(B) A comparison of the participation rates of minority
populations in covered units to participation rates of the
general population as members and as officers of the Armed
Forces.
(C) A comparison of the percentage of minority officers in
the grade of O-7 or higher who have served in each covered
unit to such percentage for all such officers in the Armed
Force of that covered unit.
(D) An identification of barriers to minority participation
in the accession, assessment, and training processes.
(E) The status and effectiveness of the response to the
recommendations contained in the report of the RAND
Corporation titled ``Barriers to Minority Participation in
Special Operations Forces'' and any follow-up
recommendations.
(F) Recommendations to increase the numbers of minority
officers in the Armed Forces.
(G) Recommendations to increase minority participation in
covered units.
(H) Any other matters the Secretary determines appropriate.
(3) Report to congress.--The Secretary shall--
(A) submit to the congressional defense committees a report
on the results of the study by not later than January 1,
2022; and
(B) provide interim briefings to such committees upon
request.
(b) Designation.--The study conducted under subsection (a)
shall be known as the ``Study on Reducing Barriers to
Minority Participation in Elite Units in the Armed
Services''.
(c) Implementation Required.--
(1) In general.--Except as provided in paragraph (2), not
later than March 1, 2023, the Secretary of Defense shall
commence the implementation of each recommendation included
in the final report submitted under subsection (a)(3).
(2) Exceptions.--
(A) Delayed implementation.--The Secretary of Defense may
commence implementation of a recommendation described
paragraph (1) later than March 1, 2023, if--
(i) the Secretary submits to the congressional defense
committees, not later than January 1, 2023, written notice of
the intent of the Secretary to delay implementation of the
recommendation; and
(ii) includes, as part of such notice, a specific
justification for the delay in implementing the
recommendation.
(B) Nonimplementation.--The Secretary of Defense may elect
not to implement a recommendation described in paragraph (1),
if--
(i) the Secretary submits to the congressional defense
committees, not later than January 1, 2023, written notice of
the intent of the Secretary not to implement the
recommendation; and
(ii) includes, as part of such notice--
(I) the reasons for the Secretary's decision not to
implement the recommendation; and
(II) a summary of alternative actions the Secretary will
carry out to address the purposes underlying the
recommendation.
(3) Implementation plan.--For each recommendation that the
Secretary implements under this subsection, the Secretary
shall submit to the congressional defense committees an
implementation plan that includes--
(A) a summary of actions the Secretary has carried out, or
intends to carry out, to implement the recommendation; and
(B) a schedule, with specific milestones, for completing
the implementation of the recommendation.
(d) Covered Units Defined.--In this section, the term
``covered units'' means the following:
(1) Army Special Forces.
(2) Army Rangers.
(3) Navy SEALs.
(4) Air Force Combat Control Teams.
(5) Air Force Pararescue.
(6) Air Force Special Reconnaissance.
(7) Marine Raider Regiments.
(8) Marine Corps Force Reconnaissance.
(9) Coast Guard Maritime Security Response Team.
(10) Any other forces designated by the Secretary of
Defense as special operations forces.
(11) Pilot and navigator military occupational specialties.
Subtitle I--Decorations and Awards
SEC. 581. ESTABLISHMENT OF THE ATOMIC VETERANS SERVICE MEDAL.
(a) Service Medal Required.--The Secretary of Defense shall
design and produce a military service medal, to be known as
the ``Atomic Veterans Service Medal'', to honor retired and
former members of the Armed Forces who are radiation-exposed
veterans (as such term is defined in section 1112(c)(3) of
title 38, United States Code).
(b) Distribution of Medal.--
(1) Issuance to retired and former members.--At the request
of a radiation-exposed veteran, the Secretary of Defense
shall issue the Atomic Veterans Service Medal to the veteran.
(2) Issuance to next-of-kin.--In the case of a radiation-
exposed veteran who is deceased, the Secretary may provide
for issuance of the Atomic Veterans Service Medal to the
next-of-kin of the person.
(3) Application.--The Secretary shall prepare and
disseminate as appropriate an application by which radiation-
exposed veterans and their next-of-kin may apply to receive
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.
(a) Authorization.--Notwithstanding the time limitations
specified in section 7274 of title 10, United States Code, or
any other time limitation with respect to the awarding of
certain medals to persons who served in the United States
Armed Forces, the President of the United States is
authorized to award the Distinguished-Service Cross under
section 7272 of such title to Ramiro F. Olivo for the acts of
valor during the Vietnam War described in subsection (b).
(b) Acts of Valor Described.--The acts of valor described
in this subsection are the actions of Ramiro F. Olivo on May
9, 1968, as a member of the Army while serving in the
Republic of Vietnam with Company C, 1st Battalion, 5th
Cavalry Regiment, 1st Cavalry Division.
Subtitle J--Miscellaneous Reports and Other Matters
SEC. 591. EXPANSION OF DEPARTMENT OF DEFENSE STARBASE
PROGRAM.
(a) In General.--Section 2193b of title 10, United States
Code, is amended--
(1) in the section heading, by striking ``science,
mathematics, and technology'' and inserting ``science,
technology, engineering, art and design, and mathematics'';
(2) in subsection (a), by striking ``science, mathematics,
and technology'' and inserting ``science, technology,
engineering, art and design, and mathematics''; and
(3) in subsection (b), by striking ``mathematics, science,
and technology'' and inserting ``science, technology,
engineering, art and design, and mathematics''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 111 of title 10, United States Code, is
amended by striking the item relating to section 2193b and
inserting the following new item:
``2193b. Improvement of education in technical fields: program for
support of elementary and secondary education in science,
technology, engineering, art and design, and
mathematics.''.
SEC. 592. INCLUSION OF CERTAIN OUTLYING AREAS IN THE
DEPARTMENT OF DEFENSE STARBASE PROGRAM.
Section 2193b(h) of title 10, United States Code, is
amended by inserting ``the Commonwealth of the Northern
Mariana Islands, American Samoa,'' before ``and Guam''.
SEC. 593. PROHIBITION ON CHARGING FOR OR COUNTING CERTAIN
ACRONYMS ON HEADSTONES OF INDIVIDUALS INTERRED
AT ARLINGTON NATIONAL CEMETERY.
The Secretary of the Army shall prescribe regulations or
establish policies that, with regards to the headstone for an
individual interred at Arlington National Cemetery, prohibit
the charging of a fee for, or counting towards character or
line count, the following acronyms:
(1) ``KIA'' for an individual killed in action.
(2) ``MIA'' for an individual who was missing in action.
(3) ``POW'' for an individual who was a prisoner of war.
SEC. 594. REPORT ON PLACEMENT OF MEMBERS OF THE ARMED FORCES
IN ACADEMIC STATUS WHO ARE VICTIMS OF SEXUAL
ASSAULT ONTO NON-RATED PERIODS.
Not later than 90 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the feasibility and advisability,
and current practice (if any), of the Department of Defense
of granting requests by members of the Armed Forces who are
in academic status (whether at the military service academies
or in developmental education programs) and who are victims
of sexual assault to be placed on a Non-Rated Period for
their performance report.
SEC. 595. SENSE OF CONGRESS REGARDING ADVERTISING RECRUITING
EFFORTS.
It is the Sense of Congress that the Chiefs of the Armed
Forces, in coordination with the Recruiting Commands of the
Armed Forces, should give all due consideration to the use of
local broadcasting and traditional news publishers when
advertising.
TITLE VI--COMPENSATION AND OTHER PERSONNEL BENEFITS
Subtitle A--Pay and Allowances
SEC. 601. INCREASE IN BASIC PAY.
Effective on January 1, 2021, the rates of monthly basic
pay for members of the uniformed services are increased by
3.0 percent.
SEC. 602. BASIC NEEDS ALLOWANCE FOR LOW-INCOME REGULAR
MEMBERS.
(a) In General.--Chapter 7 of title 37, United States Code,
is amended by inserting after section 402a the following new
section:
``Sec. 402b. Basic needs allowance for low-income regular
members
``(a) Allowance Required.--(1) Subject to paragraph (2),
the Secretary of Defense shall pay to each covered member a
basic needs allowance in the amount determined for such
member under subsection (b).
``(2) In the event a household contains two or more covered
members entitled to receive the allowance under this section
in a given year, only one allowance may be paid for that year
to a covered member among such covered members whom such
covered members shall jointly elect.
[[Page H3163]]
``(b) Amount of Allowance for a Covered Member.--(1) The
amount of the monthly allowance payable to a covered member
under subsection (a) for a year shall be the aggregate amount
equal to--
``(A) the aggregate amount equal to--
``(i) 130 percent of the Federal poverty guidelines of the
Department of Health and Human Services for the location and
number of persons in the household of the covered member for
such year; minus
``(ii) the gross household income of the covered member
during the preceding year; and
``(B) divided by 12.
``(2) The monthly allowance payable to a covered member for
a year shall be payable for each of the 12 months following
March of such year.
``(c) Notice of Eligibility.--(1)(A) Not later than
December 31 each year, the Director of the Defense Finance
and Accounting Service shall notify, in writing, each
individual whom the Director estimates will be a covered
member during the following year of the potential entitlement
of that individual to the allowance described in subsection
(a) for that following year.
``(B) The preliminary notice under subparagraph (A) shall
include information regarding financial management and
assistance programs administered by the Secretary of Defense
for which a covered member is eligible.
``(2) Not later than January 31 each year, each individual
who seeks to receive the allowance for such year (whether or
not subject to a notice for such year under paragraph (1))
shall submit to the Director such information as the Director
shall require for purposes of this section in order to
determine whether or not such individual is a covered member
for such year.
``(3) Not later than February 28 each year, the Director
shall notify, in writing, each individual the Director
determines to be a covered member for such year.
``(d) Election Not To Receive Allowance.--(1) A covered
member otherwise entitled to receive the allowance under
subsection (a) for a year may elect, in writing, not to
receive the allowance for such year. Any election under this
subsection shall be effective only for the year for which
made. Any election for a year under this subsection is
irrevocable.
``(2) A covered member who does not submit information
described in subsection (d)(2) for a year as otherwise
required by that subsection shall be deemed to have elected
not to receive the allowance for such year.
``(e) Definitions.--In this section:
``(1) The term `covered member' means a regular member of
an armed force under the jurisdiction of the Secretary of a
military department--
``(A) who has completed initial entry training;
``(B) whose gross household income during the most recent
year did not exceed an amount equal to 130 percent of the
Federal poverty guidelines of the Department of Health and
Human Services for the location and number of persons in the
household of the covered member for such year; and
``(C) who does not elect under subsection (d) not to
receive the allowance for such year.
``(2) The term `gross household income' of a covered member
for a year for purposes of paragraph (1)(B) does not include
any basic allowance for housing received by the covered
member (and any dependents of the covered member in the
household of the covered member) during such year under
section 403 of this title.
``(f) Regulations.--The Secretary of Defense shall
prescribe regulations for the administration of this section.
Subject to subsection (e)(2), such regulations shall specify
the income to be included in, and excluded from, the gross
household income of individuals for purposes of this
section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 7 of such title is amended by inserting
after the item relating to section 402a the following new
item:
``402b. Basic needs allowance for low-income regular members.''.
SEC. 603. REORGANIZATION OF CERTAIN ALLOWANCES OTHER THAN
TRAVEL AND TRANSPORTATION ALLOWANCES.
(a) Per Diem for Duty Outside the Continental United
States.--
(1) Transfer to chapter 7.--Section 475 of title 37, United
States Code, is transferred to chapter 7 of such title,
inserted after section 403b, and redesignated as section 405.
(2) Repeal of termination provision.--Section 405 of title
37, United States Code, as added by paragraph (1), is amended
by striking subsection (f).
(b) Allowance for Funeral Honors Duty.--
(1) Transfer to chapter 7.--Section 495 of title 37, United
States Code, is transferred to chapter 7 of such title,
inserted after section 433a, and redesignated as section 435.
(2) Repeal of termination provision.--Section 435 of title
37, United States Code, as added by paragraph (1), is amended
by striking subsection (c).
(c) Clerical Amendments.--
(1) Chapter 7.--The table of sections at the beginning of
chapter 7 of title 37, United States Code, is amended--
(A) by inserting after the item relating to section 403b
the following new item:
``405. Travel and transportation allowances: per diem while on duty
outside the continental United States.''; and
(B) by inserting after the item relating to section 433a
the following new item:
``435. Funeral honors duty: allowance.''.
(2) Chapter 8.--The table of sections at the beginning of
chapter 8 of title 37, United States Code, is amended by
striking the items relating to sections 475 and 495.
Subtitle B--Bonuses and Special Incentive Pays
SEC. 611. ONE-YEAR EXTENSION OF CERTAIN EXPIRING BONUS AND
SPECIAL PAY AUTHORITIES.
(a) Authorities Relating to Reserve Forces.--Section 910(g)
of title 37, United States Code, relating to income
replacement payments for reserve component members
experiencing extended and frequent mobilization for active
duty service, is amended by striking ``December 31, 2020''
and inserting ``December 31, 2021''.
(b) Title 10 Authorities Relating to Health Care
Professionals.--The following sections of title 10, United
States Code, are amended by striking ``December 31, 2020''
and inserting ``December 31, 2021'':
(1) Section 2130a(a)(1), relating to nurse officer
candidate accession program.
(2) Section 16302(d), relating to repayment of education
loans for certain health professionals who serve in the
Selected Reserve.
(c) Authorities Relating to Nuclear Officers.--Section
333(i) of title 37, United States Code, is amended by
striking ``December 31, 2020'' and inserting ``December 31,
2021''.
(d) Authorities Relating to Title 37 Consolidated Special
Pay, Incentive Pay, and Bonus Authorities.--The following
sections of title 37, United States Code, are amended by
striking ``December 31, 2020'' and inserting ``December 31,
2021'':
(1) Section 331(h), relating to general bonus authority for
enlisted members.
(2) Section 332(g), relating to general bonus authority for
officers.
(3) Section 334(i), relating to special aviation incentive
pay and bonus authorities for officers.
(4) Section 335(k), relating to special bonus and incentive
pay authorities for officers in health professions.
(5) Section 336(g), relating to contracting bonus for
cadets and midshipmen enrolled in the Senior Reserve
Officers' Training Corps.
(6) Section 351(h), relating to hazardous duty pay.
(7) Section 352(g), relating to assignment pay or special
duty pay.
(8) Section 353(i), relating to skill incentive pay or
proficiency bonus.
(9) Section 355(h), relating to retention incentives for
members qualified in critical military skills or assigned to
high priority units.
(e) Authority to Provide Temporary Increase in Rates of
Basic Allowance for Housing.--Section 403(b)(7)(E) of title
37, United States Code, is amended by striking ``December 31,
2020'' and inserting ``December 31, 2021''.
SEC. 612. INCREASE IN CERTAIN HAZARDOUS DUTY INCENTIVE PAY
FOR MEMBERS OF THE UNIFORMED SERVICES.
Section 351(b) of title 37, United States Code, is amended
by striking ``$250'' both places it appears and inserting
``$275''.
SEC. 613. STANDARDIZATION OF PAYMENT OF HAZARDOUS DUTY
INCENTIVE PAY FOR MEMBERS OF THE UNIFORMED
SERVICES.
(a) In General.--Section 351(c) of title 37, United States
Code, is amended to read as follows:
``(c) Payment.--Hazardous duty pay shall be paid on a
monthly basis.''.
(b) Effective Date.--The amendments made by this section
shall take effect on October 1, 2020, and shall apply with
respect to duty performed in any month beginning on or after
that date.
SEC. 614. CLARIFICATION OF 30 DAYS OF CONTINUOUS DUTY ON
BOARD A SHIP REQUIRED FOR FAMILY SEPARATION
ALLOWANCE FOR MEMBERS OF THE UNIFORMED
SERVICES.
Section 427(a)(1)(B) of title 37, United States Code, is
amended by inserting ``(or under orders to remain on board
the ship while at the home port)'' after ``of the ship''.
SEC. 615. EXPANSION OF REIMBURSABLE STATE LICENSURE AND
CERTIFICATION COSTS FOR A MILITARY SPOUSE
ARISING FROM RELOCATION.
Section 476(p)(5) of title 37, United States Code, is
amended in the matter preceding subparagraph (A), by striking
``and'' and inserting ``fees, continuing education courses,
and''.
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.
Section 1798(a) of title 10, United States Code, is amended
by striking ``in combat-related incidents''.
SEC. 622. EXPANSION OF DEATH GRATUITY FOR ROTC GRADUATES.
Section 623(b) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92) is amended by
striking ``the date of the enactment of this Act'' and
inserting ``May 1, 2017''.
SEC. 623. RECALCULATION OF FINANCIAL ASSISTANCE FOR PROVIDERS
OF CHILD CARE SERVICES AND YOUTH PROGRAM
SERVICES FOR DEPENDENTS.
(a) In General.--Not later than July 1, 2021, the Secretary
of Defense shall develop a method by which to determine
appropriate amounts of financial assistance under section
1798 of title 10, United States Code. In such development,
the Secretary shall take into consideration the following:
(1) Grades of members of the Armed Forces.
(2) The cost of living in an applicable locale.
(3) Whether a military installation has a military child
development center, including any wait list length.
(4) Whether a military child development center has vacant
child care employee positions.
(5) The capacity of licensed civilian child care providers
in an applicable locale.
[[Page H3164]]
(6) The average cost of licensed civilian child care
services available in an applicable locale.
(b) Report.--Not later than August 1, 2021, the Secretary
shall submit a report the Committees on Armed Services of the
Senate and the House of Representatives on the method
developed under this section.
(c) Definitions.--In this section, the terms ``child care
employee'' and ``military child development center'' have the
meanings given those terms in section 1800 of title 10,
United States Code.
SEC. 624. PRIORITY FOR CERTAIN MILITARY FAMILY HOUSING TO A
MEMBER OF THE ARMED FORCES WHOSE SPOUSE AGREES
TO PROVIDE FAMILY HOME DAY CARE SERVICES.
(a) Priority.--If the Secretary of a military department
determines that not enough child care employees are employed
at a military child development center on a military
installation under the jurisdiction of that Secretary to
adequately care for the children of members of the Armed
Forces stationed at that military installation, the
Secretary, to the extent practicable, may give priority for
covered military family housing to a member whose spouse is
an eligible military spouse.
(b) Number of Priority Positions.--A Secretary of a
military department may grant priority under subsection (a)
only to the minimum number of eligible military spouses that
the Secretary determines necessary to provide adequate child
care to the children of members stationed at a military
installation described in subsection (a).
(c) Limitation.--Nothing in this section may be construed
to require the Secretary of a military department to provide
covered military family housing that has been adapted for
disabled individuals to a member under this section instead
of to a member with one more dependents enrolled in the
Exceptional Family Member Program.
(d) Result of Failure to Provide Family Home Day Care
Services or Loss of Eligibility.--The Secretary of the
military department concerned may remove a household provided
covered military family housing under this section therefrom
if the Secretary determines the spouse of that member has
failed to abide by an agreement described in subsection
(e)(3) or has ceased to be an eligible military spouse. Such
removal may not occur sooner than 60 days after the date of
such determination.
(e) Definitions.--In this section:
(1) The terms ``child care employee'', ``family home day
care'', and ``military child development center'' have the
meanings given those terms in section 1800 of title 10,
United States Code.
(2) The term ``covered military family housing'' means
military family housing--
(A) located on a military installation described in
subsection (a); and
(B) that the Secretary of the military department concerned
determines is large enough to provide family home day care
services to no fewer than six children (not including
children in the household of the eligible military spouse).
(3) The term ``eligible military spouse'' means a military
spouse who--
(A) is eligible for military family housing;
(B) is eligible to provide family home day care services;
(C) has provided family home day care services for at least
one year; and
(D) agrees in writing to provide family home day care
services in covered military family housing for a period
determined by the Secretary of the military department
concerned.
SEC. 625. STUDY ON FEASIBILITY OF TSP CONTRIBUTIONS BY
MILITARY SPOUSES.
(a) Study Required.--The Secretary of Defense shall conduct
a study on potential enhancements to the military Thrift
Savings Plan administered by the Federal Retirement Thrift
Investment Board.
(b) Elements.--The study under subsection (a) shall include
the following:
(1) An evaluation of the effect of allowing military
spouses to contribute or make eligible retirement account
transfers to the military Thrift Savings Plan account of the
member of the Armed Forces to whom that military spouse in
married.
(2) Legislation the Secretary determines necessary to
permit contributions and transfers described in paragraph
(1).
(3) An evaluation of whether and to what extent employer-
funded matching of contributions described in paragraph (1)
may encourage further participation in the military Thrift
Savings Plan.
(c) Reporting.--
(1) Initial report.--Not later than February 1, 2021, the
Secretary of Defense shall submit to the Federal Retirement
Thrift Investment Board a report on the results of the study
under subsection (a).
(2) Analysis.--Not later than 60 days after receiving the
report under paragraph (1), the Federal Thrift Savings
Retirement Board shall analyze the report under paragraph
(1), generate recommendations and comments it determines
appropriate, and submit such analysis, recommendations, and
comments to the Secretary.
(3) Final report.--Not later than April 1, 2021, the
Secretary shall submit to the Committees on Armed Services of
the Senate and House of Representatives the report under
paragraph (1) and the analysis, recommendations, and comments
under paragraph (2).
Subtitle D--Defense Resale Matters
SEC. 631 . BASE RESPONDERS ESSENTIAL NEEDS AND DINING ACCESS.
(a) In General.--Chapter 54 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 1066. Use of commissary stores and MWR facilities:
protective services civilian employees
``(a) Eligibility of Protective Services Civilian
Employees.--An individual employed as a protective services
civilian employee at a military installation shall be
permitted to purchase food and hygiene items at a commissary
store or MWR retail facility located on that military
installation.
``(b) User Fee Authority.--(1) The Secretary of Defense
shall prescribe regulations that impose a user fee on
individuals who are eligible solely under this section to
purchase merchandise at a commissary store or MWR retail
facility.
``(2) The Secretary shall set the user fee under this
subsection at a rate that the Secretary determines will
offset any increase in expenses arising from this section
borne by the Department of the Treasury on behalf of
commissary stores associated with the use of credit or debit
cards for customer purchases, including expenses related to
card network use and related transaction processing fees.
``(3) The Secretary shall deposit funds collected pursuant
to a user fee under this subsection in the General Fund of
the Treasury.
``(4) Any fee under this subsection is in addition to the
uniform surcharge under section 2484(d) of this title.
``(c) Definitions.--In this section:
``(1) The term `MWR retail facility' has the meaning given
that term in section 1063 of this title.
``(2) The term `protective services civilian employee'
means a position in any of the following series (or successor
classifications) of the General Schedule:
``(A) Security Administration (GS-0080).
``(B) Fire Protection and Prevention (GS-0081).
``(C) Police (GS-0083).
``(D) Security Guard (GS-0085).
``(E) Emergency Management (GS-0089).''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 54 of title 10, United States Code, is
amended by adding at the end the following new item:
``1066. Use of commissary stores and MWR facilities: protective
services civilian employees.''.
SEC. 632. FIRST RESPONDER ACCESS TO MOBILE EXCHANGES.
Section 1146 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(d) Emergency Response Providers During a Declared Major
Disaster or Emergency.--The Secretary of Defense shall
prescribe regulations to allow an emergency response provider
(as that term is defined in section 2 of the Homeland
Security Act of 2002 (Public Law 107-296; 6 U.S.C. 101)) to
use a mobile commissary or exchange store deployed to an area
covered by a declaration of a major disaster or emergency
under section 401 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 U.S.C. 5170).''.
SEC. 633. UPDATED BUSINESS CASE ANALYSIS FOR CONSOLIDATION OF
THE DEFENSE RESALE SYSTEM.
(a) In General.--Not later than March 1, 2021, the Chief
Management Officer of the Department of Defense, in
coordination with the Undersecretary of Defense for Personnel
and Readiness, shall update the study titled ``Study to
Determine the Feasibility of Consolidation of the Defense
Resale Entities'' and dated December 4, 2018, to include a
new business case analysis that--
(1) establishes new baselines for--
(A) savings from the costs of goods sold;
(B) costs of new information technology required for such
consolidation; and
(C) costs of headquarters relocation arising from such
consolidation; and
(2) addresses each recommendation for executive action in
the Government Accountability Office report GAO-20-418SU.
(b) Review and Comment.--Not later than April 1, 2021, the
Secretary of Defense shall make the updated business case
analysis (in this section referred to as the ``updated BCA'')
available to the Secretaries of the military departments for
comment.
(c) Submittal to Congressional Committees.--Not later than
June 1, 2021, the Secretary of Defense shall make any
comments made under subsection (b) and the updated BCA
available to the Committees on Armed Services of the Senate
and the House of Representatives.
(d) Delay of Consolidation.--The Secretary of Defense may
not take any action to consolidate military exchanges and
commissaries until the Committees on Armed Services of the
Senate and the House of Representatives notify the Secretary
in writing of receipt and acceptance of the updated BCA.
Subtitle E--Other Personnel Benefits
SEC. 641. MAINTENANCE OF FUNDING FOR STARS AND STRIPES.
(a) Funding.--
(1) Operation and maintenance.--Of the amounts authorized
to be appropriated for fiscal year 2021 in Division D of this
Act and available for operations and maintenance for Defense-
wide activities as specified in the funding table in section
4301 of this Act, $9,000,000 shall be made available for the
purpose of maintaining the operations and publication of
Stars and Stripes.
(2) Contingency operations.--Of the amounts authorized to
be appropriated for fiscal year 2021 in Division D of this
Act and available for overseas contingency operations for
Defense-wide activities as specified in the funding tables in
section 4301 of this Act, $6,000,000 shall be made available
for the purpose of maintaining the operations and publication
of Stars and Stripes
(b) Report on Business Case Analysis.--Not later than March
1, 2021, the Secretary of Defense, in coordination with the
editor of Stars
[[Page H3165]]
and Stripes, shall submit a report to the Committees on Armed
Services of the Senate and the House of Representatives
detailing the business case analysis for various options for
Stars and Stripes. The report shall contain the following
elements:
(1) An analysis of the pros and cons of, and business case
for, continuing the operation and publication of Stars and
Stripes at its current levels, including other options for
the independent reporting currently provided, especially in a
deployed environment.
(2) An analysis of the modes of communication used by Stars
and Stripes.
(3) An analysis of potential reduced operations of Stars
and Stripes.
(4) An analysis of the operation of Stars and Stripes
solely as a non-appropriated entity.
(5) An analysis of operating Stars and Stripes as a
category B morale, welfare, and recreation entity.
(6) An assessment of the value of the availability of Stars
and Stripes (in print or an electronic version) to deployed
or overseas members of the Armed Forces.
TITLE VII--HEALTH CARE PROVISIONS
Subtitle A--TRICARE and Other Health Care Benefits
SEC. 701. EXPANSION OF MENTAL HEALTH ASSESSMENTS FOR MEMBERS
OF THE ARMED FORCES.
Section 1074m of title 10, United States Code, is amended
by adding at the end the following new subsection:
``(g) Mental Health Assessments for Participation in
Certain Activities.--(1) The Secretary shall provide to a
member described in paragraph (2) mental health assessments
under this section in a frequency and schedule that the
Secretary determines to be as similar as practicable to the
frequency and schedule for such assessments under subsection
(a)(1).
``(2) A member described in this paragraph is a member who,
while not deployed in support of a contingency operation,
participated in warfighting activities that had a direct and
immediate impact on a combat operation or other military
operation.''.
SEC. 702. MANDATORY REFERRAL FOR MENTAL HEALTH EVALUATION.
Section 1090a of title 10, United States Code, is amended--
(1) by redesignating subsection (e) as subsection (f); and
(2) by inserting after subsection (d) the following new
subsection:
``(e) Process Applicable to Member Disclosure.--The
regulations required by subsection (a) shall--
``(1) establish a phrase that enables a member of the armed
forces to trigger a referral of the member by a commanding
officer or supervisor for a mental health evaluation;
``(2) require a commanding officer or supervisor to make
such referral as soon as practicable following disclosure by
the member to the commanding officer or supervisor of the
phrase established under paragraph (1); and
``(3) ensure that the process protects the confidentiality
of the member in a manner similar to the confidentiality
provided for members making restricted reports under section
1565b(b) of this title.''.
SEC. 703. ASSESSMENTS AND TESTING RELATING TO EXPOSURE TO
PERFLUOROALKYL AND POLYFLUOROALKYL SUBSTANCES.
(a) Periodic Health Assessment.--The Secretary of Defense
shall ensure that any periodic health assessment provided to
a member of the Armed Forces includes an evaluation of
whether the member has been--
(1) based or stationed at a military installation
identified by the Department of Defense as a location with a
known or suspected release of perfluoroalkyl substances or
polyfluoroalkyl substances during the period in which the
member was based or stationed at the military installation;
or
(2) exposed to such substances, including by evaluating any
information in the health record of the member.
(b) Separation History and Physical Examinations.--Section
1145(a)(5) of title 10, United States Code, is amended by
adding at the end the following new subparagraph:
``(D) The Secretary concerned shall ensure that each
physical examination of a member under subparagraph (A)
includes an assessment of whether the member was--
``(i) based or stationed at a military installation
identified by the Department as a location with a known or
suspected release of perfluoroalkyl substances or
polyfluoroalkyl substances during the period in which the
member was based or stationed at the military installation;
or
``(ii) exposed to such substances, including by assessing
any information in the health record of the member.''.
(c) Deployment Assessments.--Section 1074f(b)(2) of title
10, United States Code, is amended by adding at the end the
following new subparagraph:
``(E) An assessment of whether the member was--
``(i) based or stationed at a military installation
identified by the Department as a location with a known or
suspected release of perfluoroalkyl substances or
polyfluoroalkyl substances during the period in which the
member was based or stationed at the military installation;
or
``(ii) exposed to such substances, including by assessing
any information in the health record of the member.''.
(d) Provision of Blood Testing.--
(1) Members of the armed forces.--
(A) In general.--If a covered evaluation of a member of the
Armed Forces results in a positive determination of potential
exposure to perfluoroalkyl substances or polyfluoroalkyl
substances, the Secretary of Defense shall provide to that
member, during that covered evaluation, blood testing to
determine and document potential exposure to such substances.
(B) Inclusion in health record.--The results of blood
testing of a member of the Armed Forces conducted under
subparagraph (A) shall be included in the health record of
the member.
(2) Covered evaluation defined.--In this subsection, the
term ``covered evaluation'' means--
(A) a periodic health assessment conducted in accordance
with subsection (a);
(B) a separation history and physical examination conducted
under section 1145(a)(5) of title 10, United States Code, as
amended by subsection (b); and
(C) a deployment assessment conducted under section
1074f(b)(2) of such title, as amended by subsection (c).
SEC. 704. IMPROVEMENT TO BREAST CANCER SCREENING.
Section 1074d(b)(2) of title 10, United States Code, is
amended by inserting before the period at the end the
following: ``, including through the use of digital breast
tomosynthesis''.
Subtitle B--Health Care Administration
SEC. 711. PROTECTION OF THE ARMED FORCES FROM INFECTIOUS
DISEASES.
(a) In General.--Chapter 55 of title 10, United States
Code, is amended by inserting after section 1073d the
following new section:
``Sec. 1073e. Protection of armed forces from infectious
diseases
``(a) Protection.--The Secretary of Defense shall ensure
that the armed forces have the diagnostic equipment, testing
capabilities, and personal protective equipment necessary to
protect members of the armed forces from the threat of
infectious diseases and to treat members who contract
infectious diseases.
``(b) Requirements.--In carrying out subsection (a), the
Secretary shall ensure the following:
``(1) Each military medical treatment facility has the
testing capabilities described in such subsection.
``(2) Each deployed naval vessel has the testing
capabilities described in such subsection.
``(3) Members of the armed forces deployed in support of a
contingency operation outside of the United States have
access to the testing capabilities described in such
subsection, including at field hospitals, combat support
hospitals, field medical stations, and expeditionary medical
facilities.
``(4) The Department of Defense maintains a stock of
personal protective equipment in a quantity sufficient for
each member of the armed forces, including the reserve
components thereof.
``(c) Research and Development.--(1) The Secretary shall
include with the defense budget materials (as defined by
section 231(f) of this title) for a fiscal year a plan to
research and develop vaccines for infectious diseases.
``(2) The Secretary shall ensure that the medical
laboratories of the Department of Defense are equipped with
the technology needed to facilitate rapid research in the
case of a pandemic.''.
(b) Clerical Amendment.--The table of contents at the
beginning of such chapter is amended by inserting after the
item relating to section 1073d the following new item:
``1073e. Protection of armed forces from infectious diseases.''.
SEC. 712. INCLUSION OF DRUGS, BIOLOGICAL PRODUCTS, AND
CRITICAL MEDICAL SUPPLIES IN NATIONAL SECURITY
STRATEGY FOR NATIONAL TECHNOLOGY AND INDUSTRIAL
BASE.
(a) National Security Strategy for National Technology and
Industrial Base.--Section 2501(a) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(11) Providing for the provision of drugs, biological
products, vaccines, and critical medical supplies (including
personal protective equipment, diagnostic and testing
capabilities, and lifesaving breathing apparatuses required
for the treatment of severe respiratory illness and
respiratory distress) required to enable combat readiness and
protect the health of the armed forces.''.
(b) Report.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of Health and Human Services,
the Commissioner of Food and Drugs, and the heads of other
departments and agencies of the Federal Government that the
Secretary of Defense determines appropriate, shall submit to
the appropriate congressional committees a report on
vulnerabilities to the drugs, biological products, vaccines,
and critical medical supplies of the Department of Defense.
(2) Matters included.--The report under paragraph (1) shall
include--
(A) an identification and origin of any finished drugs, as
identified by the Secretary of Defense, and the essential
components of such drugs, including raw materials, chemical
components, and active pharmaceutical ingredients that are
necessary for the manufacture of such drugs, whose supply is
at risk of disruption during a time of war or national
emergency;
(B) an identification of shortages of finished drugs,
biological products, vaccines, and critical medical supplies
essential for combat readiness and the protection of the
health of the Armed Forces, as identified by the Secretary of
Defense;
(C) an identification of the defense and geopolitical
contingencies that are sufficiently likely to arise that may
lead to the discontinuance, interruption or meaningful
disruption in the supply of a drug, biological product,
vaccine, or critical medical supply, and recommendations
regarding actions the Secretary of Defense
[[Page H3166]]
should take to reasonably prepare for the occurrence of such
contingencies;
(D) an assessment conducted by the Secretary of Defense of
the resilience and capacity of the current supply chain and
industrial base to support national defense upon the
occurrence of the contingencies identified in subparagraph
(C), including with respect to--
(i) the manufacturing capacity of the United States;
(ii) gaps in domestic manufacturing capabilities, including
non-existent, extinct, threatened, and single-point-of-
failure capabilities; and
(iii) supply chains with single points of failure and
limited resiliency; and
(E) recommendations to enhance and strengthen the surge
requirements and readiness contracts of the Department of
Defense to ensure the sufficiency of the stockpile of the
Department of, and the ready access by the Department to,
critical medical supplies, pharmaceuticals, vaccines,
counter-measure prophylaxis, and personal protective
equipment, including with respect to the effectiveness of the
theater lead agent for medical materiel program in support of
the combatant commands.
(3) Form.--The report under paragraph (1) shall be
submitted in classified form.
(4) Definitions.--In this subsection:
(A) The term ``appropriate congressional committees'' means
the following:
(i) The congressional defense committees.
(ii) The Committee on Energy and Commerce and the Committee
on Homeland Security of the House of Representatives.
(iii) The Committee on Health, Education, Labor, and
Pensions and the Committee on Homeland Security and
Governmental Affairs of the Senate.
(B) The term ``critical medical equipment'' includes
personal protective equipment, diagnostic tests, testing
supplies, and lifesaving breathing apparatuses required to
treat severe respiratory illnesses and distress.
SEC. 713. CONTRACT AUTHORITY OF THE UNIFORMED SERVICES
UNIVERSITY OF THE HEALTH SCIENCES.
Section 2113(g)(1) of title 10, United States Code, is
amended--
(1) in subparagraph (E), by striking ``and'' at the end;
(2) in subparagraph (F), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following new subparagraph:
``(G) notwithstanding section 2304(k) of this title, to
enter into such contracts, cooperative agreements, or grants
on a sole-source basis pursuant to section 2304(c)(5) of this
title.''.
SEC. 714. EXTENSION OF ORGANIZATION REQUIREMENTS FOR DEFENSE
HEALTH AGENCY.
Section 1073c(e) of title 10, United States Code, is
amended by striking ``September 30, 2022'' and inserting
``September 30, 2025''.
SEC. 715. MODIFICATION TO LIMITATION ON THE REALIGNMENT OR
REDUCTION OF MILITARY MEDICAL MANNING END
STRENGTH.
Section 719 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1454) is
amended--
(1) in subsection (a), in the matter preceding paragraph
(1), by striking ``may not realign or reduce military medical
end strength authorizations until'' and inserting the
following: ``may not realign or reduce military medical end
strength authorizations during the one-year period following
the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2021, and after such
period, may not realign or reduce such authorizations
unless''; and
(2) in subsection (b)(1), by inserting before the period at
the end the following: ``, including with respect to both the
homeland defense mission and pandemic influenza''.
SEC. 716. MODIFICATIONS TO IMPLEMENTATION PLAN FOR
RESTRUCTURE OR REALIGNMENT OF MILITARY MEDICAL
TREATMENT FACILITIES.
Section 703(d) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2199) is
amended--
(1) in paragraph (2), by striking subparagraph (D) and
inserting the following new subparagraph:
``(D) A description of how the Secretary will carry out
subsection (b), including with respect to--
``(i) the standards required for health care providers to
accept and transition covered beneficiaries to the purchased
care component of the TRICARE program;
``(ii) a method to monitor and report on quality benchmarks
for the beneficiary population that is required to transition
to such component of the TRICARE program; and
``(iii) a process by which the Defense Health Agency will
ensure that such component of the TRICARE program has the
required capacity.''; and
(2) by adding at the end the following new paragraph:
``(4) Notice and wait.--The Secretary may not implement the
plan under paragraph (1) unless--
``(A) the Secretary has submitted the plan to the
congressional defense committees; and
``(B) a one-year period elapses following the later of the
date of such submission or the date of the enactment of the
National Defense Authorization Act for Fiscal Year 2021.''.
SEC. 717. POLICY TO ADDRESS OPIOID PRESCRIPTION ABUSE
PREVENTION.
(a) Requirement.--The Secretary of Defense shall develop a
policy and tracking mechanism for opioids that monitors and
prohibits the over prescribing of opioids to ensure
compliance with clinical practice guidelines.
(b) Elements.--The requirements under subsection (a) shall
include the following:
(1) Limit the prescribing of opioids to the morphine
milligram equivalent level per day specified in the guideline
published by the Centers for Disease Control and Prevention
titled ``CDC Guideline for Prescribing Opioids for Chronic
Pain--United States, 2016'', or such successor guideline.
(2) Limit the supply of opioids to within clinically
accepted guidelines.
(3) Develop a waiver process for specific patient
categories that will require treatment beyond the limit
specified in paragraph (1).
(4) Implement controls to ensure that the prescriptions in
the military health system data repository exist and that the
dispense date and the metric quantity field for opioid
prescriptions in liquid form are consistent among all
systems.
(5) Implement opioid prescribing controls within the
electronic health record system known as ``Genesis''.
(6) Develop metrics that can be used by the Defense Health
Agency and each military medical treatment facility to
actively monitor and limit the over prescribing of opioids.
(7) Develop a report that tracks progression toward reduced
levels of opioid use.
SEC. 718. ADDITION OF BURN PIT REGISTRATION TO ELECTRONIC
HEALTH RECORDS OF MEMBERS OF THE ARMED FORCES
AND VETERANS.
(a) Updates to Electronic Health Records.--Beginning not
later than one year after the date of the enactment of this
Act--
(1) the Secretary of Defense shall ensure that the
electronic health record maintained by such Secretary of a
member of the Armed Forces registered with the burn pit
registry is updated with any information contained in such
registry; and
(2) the Secretary of Veterans Affairs shall ensure that the
electronic health record maintained by such Secretary of a
veteran registered with the burn pit registry is updated with
any information contained in such registry.
(b) Burn Pit Registry Defined.--In this section, the term
``burn pit registry'' means the registry established under
section 201 of the Dignified Burial and Other Veterans'
Benefits Improvement Act of 2012 (Public Law 112-260; 38
U.S.C. 527 note).
Subtitle C--Matters Relating to COVID-19
SEC. 721. COVID-19 MILITARY HEALTH SYSTEM REVIEW PANEL.
(a) Establishment.--The Secretary of Defense shall
establish a panel to be known as the ``COVID-19 Military
Health System Review Panel'' (in this section referred to as
the ``panel'').
(b) Composition.--
(1) Members.--The panel shall be composed of the following
members:
(A) The President of the Uniformed Services University of
the Health Sciences.
(B) The Director of the Defense Health Agency.
(C) The Surgeon General of the Army.
(D) The Surgeon General of the Navy.
(E) The Surgeon General of the Air Force.
(F) The Joint Staff Surgeon.
(G) The Deputy Assistant Secretary of Defense for Health
Readiness Policy and Oversight.
(H) The Deputy Assistant Secretary of Defense for Health
Resources Management and Policy.
(2) Chairperson.--The chairperson of the panel shall be the
President of the Uniformed Services University of the Health
Sciences.
(3) Terms.--Each member shall be appointed for the life of
the panel.
(c) Duties.--
(1) In general.--The panel shall--
(A) review the response of the military health system to
the coronavirus disease 2019 (COVID-19) and the effects of
COVID-19 on such system, including by analyzing any strengths
or weaknesses of such system identified as a result COVID-19;
and
(B) using information from the review, make such
recommendations as the panel considers appropriate with
respect to any policy, practice, organization, manning level,
funding level, or legislative authority relating to the
military health system.
(2) Elements of review.--In conducting the review under
paragraph (1), each member of the panel shall lead a review
of at least one of the following elements, with respect to
the military health system:
(A) Policy, including any policy relating to force health
protection or medical standards for the appointment,
enlistment, or induction of individuals into the Armed
Forces.
(B) Public health activities, including any activity
relating to risk communication, surveillance, or contact
tracing.
(C) Research, diagnostics, and therapeutics.
(D) Logistics and technology.
(E) Force structure and manning.
(F) Governance and organization.
(G) Operational capabilities and operational support.
(H) Education and training.
(I) Health benefits under the TRICARE program.
(J) Engagement and security activities relating to global
health.
(K) The financial impact of COVID-19 on the military health
system.
(d) Report.--Not later than June 1, 2021, the Secretary of
Defense shall submit to the congressional defense committees
a report that includes the findings of the panel as a result
of the review under subsection (c)(1)(A), together with such
recommendations as the panel considers appropriate under
subsection (c)(1)(B).
(e) Termination.--The panel shall terminate on June 1,
2021.
SEC. 722. COVID-19 GLOBAL WAR ON PANDEMICS.
(a) Strategy.--The Secretary of Defense shall develop a
strategy for pandemic preparedness and response that includes
the following:
[[Page H3167]]
(1) Identification of activities necessary to be carried
out prior to a pandemic to ensure preparedness and effective
communication of roles and responsibilities within the
Department of Defense, including--
(A) reviewing the frequency of each exercise conducted by
the Department or a military department that relates to a
pandemic or severe influenza season or related force health
protection;
(B) ensuring such exercises are appropriately planned,
resourced, and practiced;
(C) including a consideration of the capabilities and
capacities necessary to carry out the strategy under this
section, and related operations for force health protection,
and ensuring that these are included in each cost evaluation,
Defense-wide review, or manning assessment of the Department
of Defense that affects such capabilities and capacities;
(D) reviewing the placement, exploring broader utilization
of global health engagement liaisons, and increasing the
scope of global health activities of the Department of
Defense;
(E) assessing a potential career track relating to health
protection research for members of the Armed Forces and
civilian employees of the Department of Defense;
(F) providing to members of the Armed Forces guidance on
force health protection prior to and during a pandemic or
severe influenza season, including guidance on specific
behaviors or actions required, such as self-isolating, social
distancing, and additional protective measures to be carried
out after contracting a novel virus or influenza;
(G) reviewing and updating the inventory of medical
supplies and equipment of the Department of Defense that is
available for operational support to the combatant commands
prior to and during a pandemic (such as vaccines, biologics,
drugs, preventive medicine, antiviral medicine, and equipment
relating to trauma support), including a review of--
(i) the sufficiency of prepositioned stocks; and
(ii) the effectiveness of the Warstopper Program of the
Defense Logistics Agency, or such successor program;
(H) reviewing and updating distribution plans of the
Department of Defense for critical medical supplies and
equipment within the inventory of the Department of Defense,
including vaccines and antiviral medicines; and
(I) reviewing and updating research on infectious diseases
and preventive medicine conducted by the military health
system, including research conducted by the Health Related
Communities of Interest of the Department of Defense, the
Joint Program Committees, the overseas medical laboratories
of the Department of Defense, the Armed Forces Health
Surveillance Branch, or other elements of the Department of
Defense that conduct research in support of members of the
Armed Forces or beneficiaries under the TRICARE program.
(2) Review of Department of Defense systems for health
surveillance and detection to ensure continuous situational
awareness and early warning with respect to a pandemic,
including a review of--
(A) the levels of funding and investment, and the overall
value, of the Global Emerging Infections Surveillance and
Response System of the Department of Defense, including the
value demonstrated by the role of such system in--
(i) improving the Department of Defense prevention and
surveillance of, and the response to, infectious diseases
that may impact members of the Armed Forces;
(ii) informing decisions relating to force health
protection across the geographic combatant commands;
(iii) ensuring laboratory readiness to support pandemic
response efforts and to understand infectious disease threats
to the Armed Forces; and
(iv) coordinating and collaborating with partners, such as
the geographic combatant commands, other Federal agencies,
and international partners;
(B) the levels of funding and investment, and the overall
value, of the overseas medical laboratories of the Department
of Defense, including the value demonstrated by the role of
such laboratories in conducting research and forming
partnerships with other elements of the Department of
Defense, other Federal agencies, international partners in
the country in which such laboratory is located, and, as
applicable, the private sector of the United States; and
(C) the levels of funding and investment, and the overall
value, of the Direct HIV/AIDS Prevention Program of the
Department of Defense, including the value demonstrated by
the role of such program in developing (in coordination with
other Federal agencies) programs for the prevention, care,
and treatment of the human immunodeficiency virus infection
and acquired immune deficiency syndrome.
(3) Identification of activities to limit the spread of an
infectious disease outbreak among members of the Armed Forces
and beneficiaries under the TRICARE program, including
activities to mitigate the health, social, and economic
impacts of a pandemic on such members and beneficiaries,
including by--
(A) reviewing the role of the Department of Defense in the
National Disaster Medical System under section 2812 of the
Public Health Service Act (42 U.S.C. 300hh-11) and
implementing plans across the Department that leverage
medical facilities, personnel, and response capabilities of
the Federal Government to support requirements under such Act
relating to medical surge capacity;
(B) determining the range of public health capacity,
medical surge capacity, administrative capacity, and
veterinary capacity necessary for the Armed Forces to--
(i) support operations during a pandemic; and
(ii) develop mechanisms to reshape force structure during
such pandemic as necessary (contingent upon primary mission
requirements); and
(C) determining the range of activities for operational
medical support and infrastructure sustainment that the
Department of Defense and other Federal agencies have the
capacity to implement during a pandemic (contingent upon
primary mission requirements), and develop plans for the
implementation of such activities.
(b) Study on Response to COVID-19.--The Secretary shall
conduct a study on the response of the military health system
to the coronavirus disease 2019 (COVID-19).
(c) Report.--Not later than June 1, 2021, the Secretary
shall submit to the congressional defense committees a report
containing--
(1) the strategy under subsection (a); and
(2) the study under subsection (b), including any findings
or recommendations from the study that relate to an element
of the strategy under subsection (a), such as recommended
changes to policy, funding, practices, manning, organization,
or legislative authority.
SEC. 723. REGISTRY OF TRICARE BENEFICIARIES DIAGNOSED WITH
COVID-19.
(a) Establishment.--Not later than June 1, 2021, the
Secretary of Defense shall establish and maintain a registry
of TRICARE beneficiaries who have been diagnosed with COVID-
19.
(b) Contents.--The registry under subsection (a) shall
include, with respect to each TRICARE beneficiary included in
the registry, the following:
(1) The demographic information of the beneficiary.
(2) Information on the industrial or occupational history
of the beneficiary, to the extent such information is
available in the records regarding the COVID-19 diagnosis of
the beneficiary.
(3) Administrative information regarding the COVID-19
diagnosis of the beneficiary, including the date of the
diagnosis and the location and source of the test used to
make the diagnosis.
(4) Any symptoms of COVID-19 manifested in the beneficiary.
(5) Any treatments for COVID-19 taken by the beneficiary,
or other medications taken by the beneficiary, when the
beneficiary was diagnosed with COVID-19.
(6) Any pathological data characterizing the incidence of
COVID-19 and the type of treatment for COVID-19 provided to
the beneficiary.
(7) Any other information determined appropriate by the
Secretary.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report on establishing the registry under
subsection (a), including--
(1) a plan to implement the registry;
(2) the cost of implementing the registry;
(3) the location of the registry; and
(4) any recommended legislative changes with respect to
establishing the registry.
(d) TRICARE Beneficiary Defined.--In this section, the term
``TRICARE beneficiary'' means the following:
(1) An individual covered by section 1074(a) of title 10,
United States Code.
(2) A covered beneficiary (as defined in section 1072 of
title 10, United States Code).
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.
Section 740 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92) is amended--
(1) in subsection (a)--
(A) by striking ``The Secretary of Defense may'' and
inserting ``Beginning not later than 180 days after the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 2021, the Secretary of Defense shall''; and
(B) by striking ``and the Secretary of Transportation'' and
inserting ``the Secretary of Transportation, and the
Administrator of the Federal Emergency Management Agency'';
(2) in subsection (d), by striking ``and the Secretary of
Transportation'' and inserting ``the Secretary of
Transportation, and the Administrator of the Federal
Emergency Management Agency''; and
(3) in subsection (f)--
(A) by striking ``the Committees on Armed Services of the
Senate and the House of Representatives'' each place it
appears and inserting ``the appropriate congressional
committees'';
(B) in paragraph (1)(B)(i), by inserting before the period
the following: ``, including a recommendation for at least
one of the locations selected under subsection (c)''; and
(C) by adding at the end the following new paragraph:
``(3) Appropriate congressional committees defined.--In
this subsection, the term `appropriate congressional
committees' means the following:
``(A) The Committee on Armed Services, the Committee on
Transportation and Infrastructure, the Committee on Veterans'
Affairs, the Committee on Homeland Security, and the
Committee on Energy and Commerce of the House of
Representatives.
``(B) The Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, the Committee on
Veterans' Affairs, the Committee on Homeland Security and
Governmental Affairs, and the Committee on Health, Education,
Labor, and Pensions of the Senate.''.
SEC. 732. REPORTS ON SUICIDE AMONG MEMBERS OF THE ARMED
FORCES AND SUICIDE PREVENTION PROGRAMS AND
ACTIVITIES OF THE DEPARTMENT OF DEFENSE.
Section 741(a)(2) of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1467) is
amended--
[[Page H3168]]
(1) in subparagraph (B), by adding at the end the following
new clause:
``(iii) The one-year period following the date on which the
member returns from such a deployment.'';
(2) by redesignating subparagraphs (D) through (H) as
subparagraphs (E) through (I), respectively;
(3) by inserting after subparagraph (C) the following new
subparagraph (D):
``(D) The number of suicides involving a member who was
prescribed a medication to treat a mental health or
behavioral health diagnosis during the one-year period
preceding the death.''; and
(4) by adding at the end the following new subparagraph:
``(J) A description of the programs carried out by the
military departments to address and reduce the stigma
associated with seeking assistance for mental health or
suicidal thoughts.''.
SEC. 733. CLARIFICATION OF RESEARCH UNDER JOINT TRAUMA
EDUCATION AND TRAINING DIRECTORATE AND
INCLUSION OF MILITARY WORKING DOGS.
(a) In General.--Subsection (b) of section 708 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 10 U.S.C. 1071 note) is amended--
(1) in paragraph (7), by striking ``of members of the Armed
Forces'' and inserting ``with respect to both members of the
Armed Forces and military working dogs''; and
(2) by striking paragraph (9) and inserting the following
new paragraph:
``(9) To inform and advise the conduct of research on the
leading causes of morbidity and mortality of members of the
Armed Forces and military working dogs in combat.''.
(b) Veterinarians in Personnel Management Plan.--Subsection
(d)(1) of such section is amended--
(1) by redesignating subparagraph (F) as subparagraph (G);
and
(2) by inserting after subparagraph (E) the following new
subparagraph:
``(F) Veterinary care.''.
SEC. 734. EXTENSION OF THE JOINT DEPARTMENT OF DEFENSE-
DEPARTMENT OF VETERANS AFFAIRS MEDICAL FACILITY
DEMONSTRATION PROJECT.
Section 1704(e) of the National Defense Authorization Act
for Fiscal Year 2010 (Public Law 111-84; 123 Stat. 2567), as
most recently amended by section 732 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92),
is further amended by striking ``September 30, 2021'' and
inserting ``September 30, 2023''.
SEC. 735. INFORMATION SHARING BY SECRETARY OF DEFENSE
REGARDING PREVENTION OF INFANT AND MATERNAL
MORTALITY.
(a) Authorization of Information Sharing.--The Secretary of
Defense may enter into memoranda of understanding with State
and local health authorities to share the practices of, and
lessons learned by, the military health system for the
prevention of infant and maternal mortality.
(b) State Defined.--In this section, the term ``State''
means each State, the District of Columbia, each
commonwealth, territory or possession of the United States,
and each federally recognized Indian Tribe.
SEC. 736. GRANT PROGRAM FOR INCREASED COOPERATION ON POST-
TRAUMATIC STRESS DISORDER RESEARCH BETWEEN
UNITED STATES AND ISRAEL.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of Defense, acting through the Psychological
Health and Traumatic Brain Injury Research Program, should
seek to explore scientific collaboration between American
academic institutions and nonprofit research entities, and
Israeli institutions with expertise in researching,
diagnosing, and treating post-traumatic stress disorder.
(b) Grant Program.--The Secretary of Defense, in
coordination with the Secretary of Veterans Affairs and the
Secretary of State, shall award grants to eligible entities
to carry out collaborative research between the United States
and Israel with respect to post-traumatic stress disorders.
The Secretary of Defense shall carry out the grant program
under this section in accordance with the agreement titled
``Agreement Between the Government of the United States of
America and the Government of Israel on the United States-
Israel Binational Science Foundation'', dated September 27,
1972.
(c) Eligible Entities.--To be eligible to receive a grant
under this section, an entity shall be an academic
institution or a nonprofit entity located in the United
States.
(d) Award.--The Secretary shall award grants under this
section to eligible entities that--
(1) carry out a research project that--
(A) addresses a requirement in the area of post-traumatic
stress disorders that the Secretary determines appropriate to
research using such grant; and
(B) is conducted by the eligible entity and an entity in
Israel under a joint research agreement; and
(2) meet such other criteria that the Secretary may
establish.
(e) Application.--To be eligible to receive a grant under
this section, an eligible entity shall submit an application
to the Secretary at such time, in such manner, and containing
such commitments and information as the Secretary may
require.
(f) Gift Authority.--The Secretary may accept, hold, and
administer, any gift of money made on the condition that the
gift be used for the purpose of the grant program under this
section. Such gifts of money accepted under this subsection
shall be deposited in the Treasury in the Department of
Defense General Gift Fund and shall be available, subject to
appropriation, without fiscal year limitation.
(g) Reports.--Not later than 180 days after the date on
which an eligible entity completes a research project using a
grant under this section, the Secretary shall submit to
Congress a report that contains--
(1) a description of how the eligible entity used the
grant; and
(2) an evaluation of the level of success of the research
project.
(h) Termination.--The authority to award grants under this
section shall terminate on the date that is seven years after
the date on which the first such grant is awarded.
SEC. 737. PILOT PROGRAM ON CRYOPRESERVATION AND STORAGE.
(a) Pilot Program.--The Secretary of Defense shall
establish a pilot program to provide not more than 1,000
members of the Armed Forces serving on active duty with the
opportunity to cryopreserve and store their gametes prior to
deployment to a combat zone.
(b) Period.--
(1) In general.--The Secretary shall provide for the
cryopreservation and storage of gametes of a participating
member of the Armed Forces under subsection (a), at no cost
to the member, in a facility of the Department of Defense or
at a private entity pursuant to a contract under subsection
(d) until the date that is one year after the retirement,
separation, or release of the member from the Armed Forces.
(2) Continued cryopreservation and storage.--At the end of
the one-year period specified in paragraph (1), the Secretary
shall authorize an individual whose gametes were
cryopreserved and stored in a facility of the Department as
described in that paragraph to select, including pursuant to
an advance medical directive or military testamentary
instrument completed under subsection (c), one of the
following options:
(A) To continue such cryopreservation and storage in such
facility with the cost of such cryopreservation and storage
borne by the individual.
(B) To transfer the gametes to a private cryopreservation
and storage facility selected by the individual.
(C) To authorize the Secretary to dispose of the gametes of
the individual not earlier than the date that is 90 days
after the end of the one-year period specified in paragraph
(1) with respect to the individual.
(c) Advance Medical Directive and Military Testamentary
Instrument.--A member of the Armed Forces who elects to
cryopreserve and store their gametes under this section shall
complete an advance medical directive described in section
1044c(b) of title 10, United States Code, and a military
testamentary instrument described in section 1044d(b) of such
title, that explicitly specifies the use of their
cryopreserved and stored gametes if such member dies or
otherwise loses the capacity to consent to the use of their
cryopreserved and stored gametes.
(d) Agreements.--To carry out this section, the Secretary
may enter into agreements with private entities that provide
cryopreservation and storage services for gametes.
SEC. 738. PILOT PROGRAM ON PARENTS SERVING AS CERTIFIED
NURSING ASSISTANTS FOR CHILDREN UNDER TRICARE
PROGRAM.
(a) Pilot Program.--The Director of the Defense Health
Agency may carry out a pilot program under which an eligible
parent serves as a certified nursing assistant under the
TRICARE program with respect to providing personal care
services to a covered child.
(b) Duration.--If the Director carries out the pilot
program under subsection (a), the Director shall carry out
the pilot program for a period of 18 months.
(c) Briefing.--If the Director carries out the pilot
program under subsection (a), not later than one year after
the date of the enactment of this Act, the Director shall
provide to the congressional defense committees a briefing on
the pilot program.
(d) Report.--If the Director carries out the pilot program
under subsection (a), not later than 180 days after the date
of the completion of the pilot program, the Director shall
submit to the congressional defense committees a report on
the pilot program. The report shall include--
(1) the cost of the program;
(2) an analysis of whether the pilot program met
established performance metrics;
(3) an analysis of whether the pilot program provided the
standard of care to the patient that is required; and
(4) the recommendation of the Director regarding whether
the pilot program should be made permanent.
(e) Definitions.--In this section:
(1) The term ``covered child'' means a covered beneficiary
described in section 1072(2)(D) of title 10, United States
Code, who--
(A) is the child of a member of the uniformed services
serving on active duty; and
(B) is eligible for private duty nursing under the Extended
Care Health Option under subsections (d) through (f) of
section 1079 of such title.
(2) The term ``eligible parent'' means an individual who
is--
(A) a certified nursing assistant; and
(B) the parent of a covered child.
(3) The term ``personal care services'' means personal care
services prescribed by a medical doctor and provided by a
certified nursing assistant under the supervision and
guidance of a registered nurse case manager.
(4) The term ``TRICARE program'' has the meaning given that
term in section 1072 of title 10, United States Code.
SEC. 739. STUDY ON INCIDENCE OF CANCER DIAGNOSIS AND
MORTALITY AMONG PILOTS IN THE ARMED FORCES.
(a) Study.--Not later than 180 days after the date of the
enactment of this Act, the Secretary
[[Page H3169]]
of Defense shall seek to enter into an agreement with the
National Academies of Sciences, Engineering, and Medicine to
conduct a study to--
(1) determine the incidence of cancer diagnosis and
mortality among members, and former members, of the Armed
Forces who serve as pilots compared to such members who do
not serve as pilots, including by determining such incidence
based on gender, age, flying hours, Armed Force, and type of
aircraft; and
(2) determine the appropriate age to begin screening such
members for cancer, including by determining such age based
on gender, flying hours, Armed Force, and type of aircraft.
(b) Submission.--Not later than two years after the date on
which the Secretary enters into the agreement under
subsection (a), the Secretary shall submit to the appropriate
congressional committees a report on the findings from the
study under such subsection.
(c) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committees on Armed Services and Veterans' Affairs
of the House of Representatives; and
(B) the Committees on Armed Services and Veterans' Affairs
of the Senate.
(2) The term ``Armed Forces'' means each Armed Force under
the jurisdiction of the Secretary of a military department.
(3) The term ``pilot'' includes an individual who
frequently accompanies a pilot in a cockpit, such as a
navigator.
SEC. 740. REPORT ON DIET AND NUTRITION OF MEMBERS OF THE
ARMED FORCES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the diet and
nutrition of members of the Armed Forces. The report shall
describe the following:
(1) The relationship between the diet and nutrition of
members and the health, performance, and combat effectiveness
of members.
(2) The relationship between diets high in Omega-3 fatty
acids, or other diets that may lower inflammation and
obesity, and improved mental health.
(3) The extent to which the food and beverages offered at
the dining halls of the Armed Forces as of the date of the
report are designed to optimize the health, performance, and
combat effectiveness of members according to science-based
approaches.
(4) The plan of the Secretary to improve the health,
performance, and combat effectiveness of members by modifying
the food and beverages offered at the dining halls of the
Armed Forces, including in ways that minimize the change
members.
(5) Expected costs and timeline to implement such plan,
including any expected savings from reduced medical costs.
SEC. 741. REPORT ON COSTS AND BENEFITS OF ALLOWING RETIRED
MEMBERS OF THE ARMED FORCES TO CONTRIBUTE TO
HEALTH SAVINGS ACCOUNTS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Assistant Secretary of Defense for
Health Affairs shall submit to the congressional defense
committees a report on the costs and benefits of allowing
covered individuals to make contributions to a health savings
account.
(b) Matters.--The report under subsection (a) shall include
a description of the following:
(1) Any anticipated cost savings as a result of allowing
covered individuals to make contributions to health savings
accounts.
(2) Any anticipated increase in health care options
available to covered individuals as a result of allowing such
contributions.
(3) Any anticipated disruption or delay in health services
or benefits for covered individuals as a result of allowing
such contributions.
(c) Definitions.--In this section:
(1) The term ``covered individual''--
(A) means a beneficiary covered by subsection (c) of
section 1086 of title 10, United States Code; and
(B) includes a Medicare-eligible beneficiary described in
subsection (d)(2) of such section.
(2) The term ``health savings account'' has the meaning
given that term in section 223(d) of the Internal Revenue
Code of 1986.
SEC. 742. STUDY ON TOXIC EXPOSURE AT KARSHI-KHANABAD AIR
BASE, UZBEKISTAN.
(a) Study.--
(1) In general.--The Secretary of Defense shall conduct a
study on toxic exposure by members of the Armed Forces
deployed to Karshi-Khanabad Air Base, Uzbekistan, at any time
during the period beginning October 1, 2001, and ending
December 31, 2005.
(2) Matters included.--The study under paragraph (1) shall
include the following:
(A) An assessment regarding the conditions of Karshi-
Khanabad Air Base, Uzbekistan, during the period beginning
October 1, 2001, and ending December 31, 2005, including an
identification of toxic substances contaminating the Air Base
during such period.
(B) An epidemiological study of the health consequences of
a member of the Armed Forces deployed to the Air Base during
such period.
(C) An assessment of any association between exposure to
toxic substances identified under subparagraph (A) and the
health consequences studied under subparagraph (B).
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the Committees on Armed Services of the House of
Representatives and the Senate a report on the results of the
study under subsection (a).
SEC. 743. AUDIT OF MEDICAL CONDITIONS OF TENANTS IN
PRIVATIZED MILITARY HOUSING.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Inspector General of the
Department of Defense shall commence the conduct of an audit
of the medical conditions of eligible individuals and the
association between adverse exposures of such individuals in
unsafe or unhealthy housing units and the health of such
individuals.
(b) Content of Audit.--The audit conducted under subsection
(a) shall--
(1) determine the percentage of units of privatized
military housing that are unsafe or unhealthy housing units;
(2) study the adverse exposures of eligible individuals
that relate to residing in an unsafe or unhealthy housing
unit and the effect of such exposures on the health of such
individuals; and
(3) determine the association, to the extent permitted by
available scientific data, and provide quantifiable data on
such association, between such adverse exposures and the
occurrence of a medical condition in eligible individuals
residing in unsafe or unhealthy housing units.
(c) Conduct of Audit.--The Inspector General of the
Department shall conduct the audit under subsection (a) using
the same privacy preserving guidelines used by the Inspector
General in conducting other audits of health records.
(d) Source of Data.--In conducting the audit under
subsection (a), the Inspector General of the Department shall
use--
(1) de-identified data from electronic health records of
the Department;
(2) records of claims under the TRICARE program (as defined
in section 1072(7) of title 10, United States Code); and
(3) such other data as determined necessary by the
Inspector General.
(e) Submittal and Public Availability of Report.--Not later
than one year after the commencement of the audit under
subsection (a), the Inspector General of the Department
shall--
(1) submit to the Secretary of Defense and the Committees
on Armed Services of the Senate and the House of
Representatives a report on the results of the audit
conducted under subsection (a); and
(2) publish such report on a publicly available internet
website of the Department of Defense.
(f) Definitions.--In this section:
(1) The term ``eligible individual'' means a member of the
Armed Forces or a family member of a member of the Armed
Forces who--
(A) has resided in an unsafe or unhealthy housing unit; and
(B) has registered under the Housing Environmental Health
Response Registry of the Army.
(2) The term ``privatized military housing'' means military
housing provided under subchapter IV of chapter 169 of title
10, United States Code.
(3) The term ``unsafe or unhealthy housing unit'' means a
unit of privatized military housing in which, at any given
time, at least one of the following hazards is present:
(A) Physiological hazards, including the following:
(i) Dampness or microbial growth.
(ii) Lead-based paint.
(iii) Asbestos or manmade fibers.
(iv) Ionizing radiation.
(v) Biocides.
(vi) Carbon monoxide.
(vii) Volatile organic compounds.
(viii) Infectious agents.
(ix) Fine particulate matter.
(B) Psychological hazards, including ease of access by
unlawful intruders or lighting issues.
(C) Poor ventilation.
(D) Safety hazards.
(E) Other hazards as determined by the Inspector General of
the Department.
SEC. 744. REPORT ON INTEGRATED DISABILITY EVALUATION SYSTEM.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress a report on the findings of a study,
conducted by the Secretary for the purposes of the report, of
the implementation and application of the Integrated
Disability Evaluation System.
(b) Matters Included.--The report under subsection (a)
shall include the following:
(1) All changes to policies and procedures applicable to
the implementation of the Integrated Disability Evaluation
System from the previous disability evaluation system.
(2) The extent to which the Integrated Disability
Evaluation System is the primary means of processing members
of the Armed Forces through the disability evaluation system
process.
(3) The extent to which the military departments and the
Defense Health Agency coordinate--
(A) treatment of members of the Armed Forces;
(B) referrals of members of the Armed Forces to a medical
evaluation board;
(C) appointing a convening authority and staffing a medical
evaluation board;
(D) the sharing of medical documentation with a medical
evaluation board;
(E) evaluations of members of the Armed Forces for initial
or subsequent limited duty status; and
(F) a medical evaluation board referral to a physical
evaluation board.
(4) The process for members of the Armed Forces to request
an impartial medical review or rebut medical evaluation board
findings.
(5) The criteria a medical evaluation board convening
authority applies when considering such requests under
paragraph (4).
(6) The average time to process Integrated Disability
Evaluation System cases by both phase and stage (as defined
in Department of Defense Manual 1332.18) for both the active
component and reserve component.
SEC. 745. REVIEW AND REPORT ON PREVENTION OF SUICIDE AMONG
MEMBERS OF THE ARMED FORCES STATIONED AT REMOTE
INSTALLATIONS OUTSIDE THE CONTIGUOUS UNITED
STATES.
(a) Review Required.--The Comptroller General of the United
States shall conduct a review
[[Page H3170]]
of efforts by the Department of Defense to prevent suicide
among members of the Armed Forces stationed at covered
installations.
(b) Elements of Review.--The review conducted under
subsection (a) shall include an assessment of each of the
following:
(1) Current policy guidelines of the Armed Forces on the
prevention of suicide among members of the Armed Forces
stationed at covered installations.
(2) Current suicide prevention programs of the Armed Forces
and activities for members of the Armed Forces stationed at
covered installations and their dependents, including
programs provided by the Defense Health Program and the
Office of Suicide Prevention.
(3) The integration of mental health screenings and suicide
risk and prevention efforts for members of the Armed Forces
stationed at covered installations and their dependents into
the delivery of primary care for such members and dependents.
(4) The standards for responding to attempted or completed
suicides among members of the Armed Forces stationed at
covered installations and their dependents, including
guidance and training to assist commanders in addressing
incidents of attempted or completed suicide within their
units.
(5) The standards regarding data collection for members of
the Armed Forces stationed at covered installations and their
dependents, including related factors such as domestic
violence and child abuse.
(6) The means to ensure the protection of privacy of
members of the Armed Forces stationed at covered
installations and their dependents who seek or receive
treatment related to suicide prevention.
(7) The availability of information from indigenous
populations on suicide prevention for members of the Armed
Forces stationed at covered installations who are members of
such a population.
(8) The availability of information from graduate research
programs of institutions of higher education on suicide
prevention for members of the Armed Forces.
(9) Such other matters as the Comptroller General considers
appropriate in connection with the prevention of suicide
among members of the Armed Forces stationed at covered
installations and their dependents.
(c) Briefing and Report.--The Comptroller General shall--
(1) not later than October 1, 2021, brief the Committees on
Armed Services of the Senate and the House of Representatives
on preliminary observations relating to the review conducted
under subsection (a); and
(2) not later than March 1, 2022, submit to the Committees
on Armed Services of the Senate and the House of
Representatives a report containing the results of such
review.
(d) Covered Installation Defined.--In this section, the
term ``covered installation'' means a remote installation of
the Department of Defense outside the contiguous United
States.
Subtitle E--Mental Health Services From Department of Veterans Affairs
for Members of Reserve Components
SEC. 751. SHORT TITLE.
This subtitle may be cited as the ``Care and Readiness
Enhancement for Reservists Act of 2020'' or the ``CARE for
Reservists Act of 2020''.
SEC. 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.
(a) Readjustment Counseling.--Subsection (a)(1) of section
1712A of title 38, United States Code, is amended by adding
at the end the following new subparagraph:
``(D)(i) The Secretary, in consultation with the Secretary
of Defense, may furnish to any member of the reserve
components of the Armed Forces who has a behavioral health
condition or psychological trauma, counseling under
subparagraph (A)(i), which may include a comprehensive
individual assessment under subparagraph (B)(i).
``(ii) A member of the reserve components of the Armed
Forces described in clause (i) shall not be required to
obtain a referral before being furnished counseling or an
assessment under this subparagraph.''.
(b) Outpatient Services.--Subsection (b) of such section is
amended--
(1) in paragraph (1)--
(A) by inserting ``to an individual'' after ``If, on the
basis of the assessment furnished''; and
(B) by striking ``veteran'' each place it appears and
inserting ``individual''; and
(2) in paragraph (2), by striking ``veteran'' and inserting
``individual''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date that is one year after the date
of the enactment of this Act.
SEC. 753. PROVISION OF MENTAL HEALTH SERVICES FROM DEPARTMENT
OF VETERANS AFFAIRS TO MEMBERS OF RESERVE
COMPONENTS OF THE ARMED FORCES.
(a) In General.--Subchapter VIII of chapter 17 of title 38,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1789. Mental health services for members of the
reserve components of the Armed Forces
``The Secretary, in consultation with the Secretary of
Defense, may furnish mental health services to members of the
reserve components of the Armed Forces.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by inserting after
the item relating to section 1788 the following new item:
``1789. Mental health services for members of the reserve components of
the Armed Forces.''.
SEC. 754. INCLUSION OF MEMBERS OF RESERVE COMPONENTS IN
MENTAL HEALTH PROGRAMS OF DEPARTMENT OF
VETERANS AFFAIRS.
(a) Suicide Prevention Program.--
(1) In general.--Section 1720F of title 38, United States
Code, is amended by adding at the end the following new
subsection:
``(l)(1) Covered Individual Defined.--In this section, the
term `covered individual' means a veteran or a member of the
reserve components of the Armed Forces.
``(2) In determining coverage of members of the reserve
components of the Armed Forces under the comprehensive
program, the Secretary shall consult with the Secretary of
Defense.''.
(2) Conforming amendments.--Such section is further
amended--
(A) in subsection (a), by striking ``veterans'' and
inserting ``covered individuals'';
(B) in subsection (b), by striking ``veterans'' each place
it appears and inserting ``covered individuals'';
(C) in subsection (c)--
(i) in the subsection heading, by striking ``of Veterans'';
(ii) by striking ``veterans'' each place it appears and
inserting ``covered individuals''; and
(iii) by striking ``veteran'' and inserting ``individual'';
(D) in subsection (d), by striking ``to veterans'' each
place it appears and inserting ``to covered individuals'';
(E) in subsection (e), in the matter preceding paragraph
(1), by striking ``veterans'' and inserting ``covered
individuals'';
(F) in subsection (f)--
(i) in the first sentence, by striking ``veterans'' and
inserting ``covered individuals''; and
(ii) in the second sentence, by inserting ``or members''
after ``veterans'';
(G) in subsection (g), by striking ``veterans'' and
inserting ``covered individuals'';
(H) in subsection (h), by striking ``veterans'' and
inserting ``covered individuals'';
(I) in subsection (i)--
(i) in the subsection heading, by striking ``for Veterans
and Families'';
(ii) in the matter preceding paragraph (1), by striking
``veterans and the families of veterans'' and inserting
``covered individuals and the families of covered
individuals'';
(iii) in paragraph (2), by striking ``veterans'' and
inserting ``covered individuals''; and
(iv) in paragraph (4), by striking ``veterans'' each place
it appears and inserting ``covered individuals'';
(J) in subsection (j)--
(i) in paragraph (1), by striking ``veterans'' each place
it appears and inserting ``covered individuals''; and
(ii) in paragraph (4)--
(I) in subparagraph (A), in the matter preceding clause
(i), by striking ``women veterans'' and inserting ``covered
individuals who are women'';
(II) in subparagraph (B), by striking ``women veterans
who'' and inserting ``covered individuals who are women
and''; and
(III) in subparagraph (C), by striking ``women veterans''
and inserting ``covered individuals who are women''; and
(K) in subsection (k), by striking ``veterans'' and
inserting ``covered individuals''.
(3) Clerical amendments.--
(A) In general.--Such section is further amended, in the
section heading, by inserting ``and members of the reserve
components of the Armed Forces'' after ``veterans''.
(B) Table of sections.--The table of sections at the
beginning of such subchapter is amended by striking the item
relating to section 1720F and inserting the following new
item:
``1720F. Comprehensive program for suicide prevention among veterans
and members of the reserve components of the Armed
Forces.''.
(b) Mental Health Treatment for Individuals Who Served in
Classified Missions.--
(1) In general.--Section 1720H of such title is amended--
(A) in subsection (a)--
(i) in paragraph (1)--
(I) by striking ``eligible veteran'' and inserting
``eligible individual''; and
(II) by striking ``the veteran'' and inserting ``the
individual''; and
(ii) in paragraph (3), by striking ``eligible veterans''
and inserting ``eligible individuals'';
(B) in subsection (b)--
(i) by striking ``a veteran'' and inserting ``an
individual''; and
(ii) by striking ``eligible veteran'' and inserting
``eligible individual''; and
(C) in subsection (c)--
(i) in paragraph (2), in the matter preceding subparagraph
(A), by striking ``The term `eligible veteran' means a
veteran'' and inserting ``The term `eligible individual'
means a veteran or a member of the reserve components of the
Armed Forces''; and
(ii) in paragraph (3), by striking ``eligible veteran'' and
inserting ``eligible individual''.
(2) Clerical amendments.--
(A) In general.--Such section is further amended, in the
section heading, by inserting ``and members of the reserve
components of the Armed Forces'' after ``veterans''.
(B) Table of sections.--The table of sections at the
beginning of chapter 17 of such title is amended by striking
the item relating to section 1720H and inserting the
following new item:
``1720H. Mental health treatment for veterans and members of the
reserve components of the Armed Forces who served in
classified missions.''.
SEC. 755. REPORT ON MENTAL HEALTH AND RELATED SERVICES
PROVIDED BY DEPARTMENT OF VETERANS AFFAIRS TO
MEMBERS OF THE ARMED FORCES.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the
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Secretary of Veterans Affairs shall submit to the
congressional defense committees and the Committees on
Veterans' Affairs of the Senate and the House of
Representatives a report that includes an assessment of the
following:
(1) The increase, as compared to the day before the date of
the enactment of this Act, of the number of members of the
Armed Forces that use readjustment counseling or outpatient
mental health care from the Department of Veterans Affairs,
disaggregated by State, Vet Center location, and clinical
care site of the Department, as appropriate.
(2) The number of members of the reserve components of the
Armed Forces receiving telemental health care from the
Department.
(3) The increase, as compared to the day before the date of
the enactment of this Act, of the annual cost associated with
readjustment counseling and outpatient mental health care
provided by the Department to members of the reserve
components of the Armed Forces.
(4) The changes, as compared to the day before the date of
the enactment of this Act, in staffing, training,
organization, and resources required for the Department to
offer readjustment counseling and outpatient mental health
care to members of the reserve components of the Armed
Forces.
(5) Any challenges the Department has encountered in
providing readjustment counseling and outpatient mental
health care to members of the reserve components of the Armed
Forces.
(b) Vet Center Defined.--In this section, the term ``Vet
Center'' has the meaning given that term in section 1712A(h)
of title 38, United States Code.
TITLE VIII--ACQUISITION POLICY, ACQUISITION MANAGEMENT, AND RELATED
MATTERS
Subtitle A--Acquisition Policy and Management
SEC. 801. CONGRESSIONAL NOTIFICATION OF TERMINATION OF A
MIDDLE TIER ACQUISITION PROGRAM.
Section 804 of the National Defense Authorization Act for
Fiscal Year 2016 (Public Law 114-92; 10 U.S.C. 2302 note), is
amended by adding at the end the following new subsection:
``(e) Report.--Not later than 30 days after the date of
termination of an acquisition program commenced using the
authority under this section, the Secretary of Defense shall
submit to Congress a notification of such termination. Such
notice shall include--
``(1) the initial amount of a contract awarded under such
acquisition program;
``(2) the aggregate amount of funds awarded under such
contract; and
``(3) written documentation of the reason for termination
of such acquisition program.''.
SEC. 802. MODIFICATION TO THE DEFINITION OF NONTRADITIONAL
DEFENSE CONTRACTOR.
Section 2302(9) of title 10, United States Code, is amended
to read as follows:
``(9) the term `nontraditional defense contractor', with
respect to a procurement or with respect to a transaction
authorized under section 2371(a) or 2371b of this title,
means--
``(A) an entity that is not currently performing and has
not performed, for at least the one-year period preceding the
solicitation of sources by the Department of Defense for the
procurement or transaction, any contract or subcontract for
the Department of Defense that is subject to full coverage
under the cost accounting standards prescribed pursuant to
section 1502 of title 41 and the regulations implementing
such section; or
``(B) a corporation all of the stock of which is owned by
an employee stock ownership plan (as defined in section
4975(e)(7) of the Internal Revenue Code of 1986).''.
SEC. 803. MAJOR WEAPON SYSTEMS: LIFE-CYCLE SUSTAINMENT PLAN.
(a) In General.--Chapter 139 of title 10, United States
Code, is amended by inserting after section 2366c the
following new section:
``Sec. 2366d. Major weapon systems: life-cycle sustainment
plans
``(a) Requirement.--Before granting Milestone C approval
for a major weapon system acquired pursuant to a major
defense acquisition program, the milestone decision authority
for such program shall submit to the Secretary a life-cycle
sustainment plan.
``(b) Elements.--A life-cycle sustainment plan required
under subsection (a) shall include--
``(1) a sustainment plan that includes the product support
strategy, performance, and operation and support costs of the
major weapon system;
``(2) metrics to measure readiness and availability of the
major weapon system to perform its intended purpose or
function;
``(3) a schedule for the major maintenance and overhaul
activities that will be required during the life cycle of the
major weapon system; and
``(4) a sustainment baseline cost estimate for the planned
life cycle of the major weapon system that includes a
technical data and intellectual property management plan that
clearly delineates which subsystems of the major weapon
system are Government-owned or Government-required and which
subsystems are owned by a prime contractor or subcontractor
(at any tier).
``(c) Review.--The Secretary of Defense shall review a
life-cycle sustainment plan submitted under subsection (a) 5
years after the receipt of Milestone C approval described in
such subsection, and every 10 years thereafter, to ensure
that the major weapon system is cost effective and is able to
meet required metrics relating to readiness and availability
of such system.
``(d) Notification Requirements.--
``(1) In general.--Not later than 45 days after a
significant and critical breach of a sustainment baseline
cost estimate of a life-cycle sustainment plan for a major
weapon system acquired pursuant to a major defense
acquisition program, the Secretary of the military department
that is managing such program shall submit to the
congressional defense committees a notification of such
breach.
``(2) Review.--Not later than 180 days after submitting a
notification under paragraph (1), such Secretary shall review
the sustainment costs of the major weapon system to which
such notification relates relative to the sustainment
baseline cost estimate.
``(3) Additional submission.--Such Secretary shall submit
to the congressional defense committees--
``(A) a certification that the review required under
paragraph (2) has been completed; and
``(B) a remediation plan or endorsement by such Secretary
that the sustainment cost growth is justified and required
for such Secretary to meet the requirements related to the
major defense acquisition program.
``(e) Definitions.--In this section:
``(1) Major defense acquisition program.--The term `major
defense acquisition program' has the meaning given in section
2430 of this title.
``(2) Major weapon system.--The term `major weapon system'
has the meaning given in section 2379(f) of this title.
``(3) Milestone c approval.--The term `Milestone C
approval' means a decision to enter into production and
deployment pursuant to guidance prescribed by the Secretary
of Defense for the management of a major defense acquisition
program.
``(4) Sustainment baseline cost estimate.--The term
`sustainment baseline cost estimate' means the cost estimate
and schedule for a life-cycle sustainment plan required under
this section.''.
(b) Clerical Amendment.--The table of sections at the
beginning of chapter 139 of title 10, United States Code, is
amended by inserting after the item relating to section 2366c
the following new item:
``2366d. Major weapon systems: life-cycle sustainment plans.''.
SEC. 804. CONTRACTOR BUSINESS SYSTEMS.
Section 893 of the Ike Skelton National Defense
Authorization Act for Fiscal Year 2011 (Public Law 111-383;
10 U.S.C. 2302 note) is amended--
(1) in subsection (b)--
(A) in paragraph (2), by striking ``significant
deficiencies'' and inserting ``deficiencies and material
weaknesses'';
(B) in paragraph (4), by striking ``significant
deficiency'' and inserting ``material weakness''; and
(C) in paragraph (5)(A), by striking ``significant
deficiency'' and inserting ``material weakness'';
(2) in subsection (d)(1), by striking ``significant
deficiencies'' and inserting ``material weaknesses'';
(3) in subsection (g)--
(A) in paragraph (3), by striking ``significant
deficiency'' and inserting ``material weakness'';
(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) The term `material weakness' means a deficiency or
combination of deficiencies in the internal control of a
contractor business system used to comply with contracting
requirements of the Department of Defense, or other
shortcomings in such system, such that there is a reasonable
possibility that a material noncompliance with contracting
requirements will not be prevented, or detected and
corrected, on a timely basis.''.
SEC. 805. ACQUISITION AUTHORITY OF THE DIRECTOR OF THE JOINT
ARTIFICIAL INTELLIGENCE CENTER.
(a) Authority.--
(1) In general.--The Director of the Joint Artificial
Intelligence Center shall be responsible for, and shall have
the authority to conduct, the following covered activities:
(A) Development and acquisition of artificial intelligence
technologies, services, and capabilities.
(B) Sustainment of artificial intelligence technologies,
services, and capabilities.
(2) Acquisition functions.--Subject to the authority,
direction, and control of the Secretary of Defense, the
Director shall have authority to exercise the functions of a
head of an agency (as defined in section 2302 of title 10,
United States Code) with respect to a covered activity
described in paragraph (1).
(b) JAIC Acquisition Executive.--
(1) In general.--The staff of the Director shall include an
acquisition executive who shall be responsible for the
supervision of covered activities under subsection (a). The
acquisition executive shall have the authority--
(A) to negotiate memoranda of agreement with any element of
the Department of Defense to carry out the acquisition of
technologies, services, and capabilities described in
subsection (a)(1) on behalf of the Center;
(B) to supervise the acquisition of technologies, services,
and capabilities described in subsection (a)(1);
(C) to represent the Center in discussions with military
departments regarding acquisition programs relating to
covered activities for which the Center is involved; and
(D) to work with the military departments to ensure that
the Center is appropriately represented in any joint working
group or integrated product team regarding acquisition
programs relating to covered activities for which the Center
is involved.
(2) Delivery of acquisition solutions.--The acquisition
executive of the Center shall be--
(A) responsible to the Director for rapidly delivering
acquisition solutions to meet validated artificial
intelligence requirements;
[[Page H3172]]
(B) subordinate to the Under Secretary of Defense for
Acquisition and Sustainment in matters of acquisition;
(C) subject to the same oversight as the service
acquisition executives; and
(D) included on the distribution list for acquisition
directives and instructions of the Department of Defense.
(c) Acquisition Personnel.--
(1) In general.--The Secretary of Defense shall provide the
Center with ten full-time employees to support the Director
in carrying out the requirements of this section. Such
employees shall have experience in--
(A) program acquisition;
(B) the Joint Capabilities Integration and Development
System process;
(C) program management;
(D) system engineering; and
(E) cost analysis.
(2) Existing personnel.--The personnel provided under this
subsection shall be provided from among the existing
personnel of the Department of Defense.
(d) Budget.--Any budget proposal of the Center for funding
for any covered activity described under subsection (a) shall
be disaggregated by the amount requested for each covered
activity.
(e) Funding.--In exercising the authority granted in
subsection (a), the Director may not obligate or expend more
than $150,000,000 out of the funds made available in each of
fiscal years 2021, 2022, 2023, 2024, and 2025 to enter into
new contracts to support covered activities carried out under
this section.
(f) Implementation Plan Required.--
(1) In general.--The Secretary of Defense may use the
authority granted under subsection (a) 30 days after the date
on which the Secretary provides to the congressional defense
committees a plan for implementation such authority. The plan
shall include the following:
(A) A Department of Defense-wide definition of artificial
intelligence technologies, services, and capabilities.
(B) Summaries of the components to be negotiated in any
memoranda of agreement with an element of the Department of
Defense to carry out covered activities described under
subsection (a).
(C) Timelines for the negotiation and approval of any such
memorandum of agreement.
(D) Plan for oversight of the position of acquisition
executive established in subsection (b).
(E) Assessment of the acquisition workforce needs of the
Center to support the authority in subsection (a) until
September 30, 2025.
(F) Other matters as appropriate.
(2) Relationship to other authorities.--The requirement to
submit a plan under this subsection is in addition to the
requirements under section 260 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92;
133 Stat. 1293).
(g) Sunset.--Effective October 1, 2025, the Director may
not exercise the authority under subsection (a) and may not
enter into any new contracts under this section. The
performance on any contract entered into before such date may
continue according to the terms of such contract.
(h) Definitions.--In this section:
(1) Center.--The term ``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.
(2) Covered activity.--The term ``covered activity''--
(A) means an acquisition activity conducted using the
authority under this section; and
(B) does not include--
(i) a major defense acquisition program (as defined in
section 2430 of title 10, United States Code); or
(ii) a procurement of technologies related to artificial
intelligence, if the duration of such procurement is expected
to be greater than five years.
(3) Director.--The term ``Director'' means the Director of
the Center.
(4) Element.--The term ``element'' means an element
described under section 111(b) of title 10, United States
Code.
(5) Military departments.--The term ``military
departments'' has the meaning given in section 101(8) of
title 10, United States Code.
(6) Service acquisition executive.--The term ``service
acquisition executive'' has the meaning given in section
101(10) of title 10, United States Code.
SEC. 806. REFORMING THE DEPARTMENT OF DEFENSE.
(a) In General.--The Secretary of Defense shall take such
action as necessary to reform the Department of Defense to
provide more effective, efficient, and economical
administration and operation, and to eliminate duplication.
(b) National Defense Strategy.--Each national defense
strategy required by section 113(g) of title 10, United
States Code, shall include a description of the reform
efforts described under subsection (a).
(c) Defense Planning Guidance.--The annual Defense Planning
Guidance (as described in section 113(g)(2)(A) of title 10,
United States Code) shall include an explanation of how the
Department of Defense will carry out the reform efforts
described under subsection (a).
(d) Defense Authorization Request.--The Secretary of
Defense shall include in the annual defense authorization
request (as defined in section 113a of title 10, United
States Code) a description of the savings from implementing
the reform efforts described under subsection (a). Such
description--
(1) shall be set forth separately from requested amounts;
(2) may not include savings relating to the deferment of
requirements or taking of risk;
(3) shall be identified across the future-years defense
plan; and
(4) shall provide a comparison with the savings in the
annual defense authorization request from the prior year.
(e) Policy.--The Secretary of Defense shall develop a
policy and issue guidance to implement reform within the
Department of Defense in order to provide more effective,
efficient, and economical administration and operations, and
to eliminate duplication.
(f) Report.--The Secretary of Defense shall report annually
to Congress on the expenditures, work, and accomplishments of
the Department of Defense during the period covered by the
report, together with a report on the reform efforts
described under subsection (a).
(g) Military Departments.--Each Secretary of a military
department shall--
(1) take such action as necessary to reform the military
department to provide more effective, efficient, and
economical administration and operations, and to eliminate
duplication; and
(2) develop a policy and issue guidance to implement reform
within the military department in order to provide more
effective, efficient, and economical administration and
operations, and to eliminate duplication.
(h) Combatant Commands.--Each commander of a combatant
command shall provide the Secretary of Defense with
recommendations to reform the combatant command of such
commander to provide more effective, efficient, and
economical administration and operations, and to eliminate
duplication.
SEC. 807. ALTERNATIVE SPACE ACQUISITION SYSTEM FOR THE UNITED
STATES SPACE FORCE.
(a) Milestone Decision Authority for Major Defense
Acquisition Programs and Major Systems.--
(1) Program executive officer.--The Secretary of the Air
Force may assign an appropriate program executive officer as
the milestone decision authority for major defense
acquisition programs of the United States Space Force.
(2) Program manager.--The program executive officer
assigned under paragraph (1) may delegate authority over
major systems to an appropriate program manager.
(b) Alternative Space Acquisition System.--
(1) In general.--The Secretary of Defense shall take such
actions necessary to develop an acquisition pathway within
the Department of Defense to be known as the ``Alternative
Space Acquisition System'' that is specifically tailored for
space systems and programs in order to achieve faster
acquisition and more rapid fielding of critical systems
(including by using new commercial capabilities and
services), while maintaining accountability for effective
programs that are delivered on time and on budget.
(2) Goal.--The goal of the Alternative Space Acquisition
System shall be to quickly and effectively acquire space
warfighting capabilities needed to address the requirements
of the national defense strategy (as defined under section
113(g) of title 10, United States Code).
(3) Report.--Not later than January 15, 2021, the Secretary
of Defense shall submit to the congressional defense
committees a report on the Alternative Space Acquisition
System that includes the following:
(A) Proposed United States Space Force budget line items
for fiscal year 2022, including--
(i) a comparison with budget line items for major defense
acquisition programs and major systems of the United States
Space Force for three previous fiscal years; and
(ii) measures to ensure sufficient transparency related to
the performance of the Alternative Space Acquisition System
and opportunities to oversee funding priorities for the
Alternative Space Acquisition System;
(B) Proposed revised, flexible, and streamlined options for
joint requirements validation in order to be more responsive
and innovative, while ensuring the ability of the Joint
Chiefs of Staff to ensure top-level system requirements are
properly prioritized to address joint warfighting needs;
(C) A list of acquisition programs of the United States
Space Force for which multiyear procurement authorities are
recommended.
(D) A list of space acquisition programs that may be able
to use existing alternative acquisition pathways.
(E) Policies for a new Alternative Space Acquisition System
with specific acquisition key decision points and reporting
requirements for development, fielding, and sustainment
activities that meets the requirements of the adaptive
acquisition framework (as described in Department of Defense
Instruction 5000.02, ``Operation of the Adaptive Acquisition
Framework'');
(F) Updated determination authority for procurement of
useable end items that are not weapon systems.
(G) Policies and a governance structure for a separate
United States Space Force budget topline, corporate process,
and portfolio management process.
(H) An analysis of the risks and benefits of the delegation
of the authority of the head of contracting activity
authority to the Chief of Space Operations in a manner that
would not expand the operations of the United States Space
Force.
(c) Comptroller General Review.--Not later than 60 days
after the submission of the report required under subsection
(b)(3), the Comptroller General of the United States shall
review such report and submit to the congressional defense
committees an analysis and recommendations based on such
report .
(d) Definitions.--In this section:
(1) Major defense acquisition program.--The term ``major
defense acquisition program'' has the meaning given in
section 2430 of title 10, United States Code.
[[Page H3173]]
(2) Major system.--The term ``major system'' has the
meaning given in section 2302 of title 10, United States
Code.
(3) Milestone decision authority.--The term ``milestone
decision authority'' has the meaning given in section 2431a
of title 10, United States Code.
(4) Program executive officer; program manager.--The terms
``program executive officer'' and ``program manager'' have
the meanings given those terms, respectively, in section 1737
of title 10, United States Code.
Subtitle B--Amendments to General Contracting Authorities, Procedures,
and Limitations
SEC. 811. SUSTAINMENT REFORM FOR THE DEPARTMENT OF DEFENSE.
(a) Sustainment Activities in the National Defense
Strategy.--
(1) In general.--Section 113(g)(1)(B) of title 10, United
States Code, is amended by adding at the end the following
new subsection:
``(vii) A strategic framework prescribed by the Secretary
that guides how the Department will prioritize and integrate
activities relating to sustainment of major defense
acquisition programs, core logistics capabilities (as
described under section 2464 of this title), and the national
technology and industrial base (as defined in section 2500 of
this title).''.
(2) Duties of the under secretary of defense for
acquisition and sustainment.--Section 133b(b) of title 10,
United States Code, is amended--
(A) in paragraph (7), by striking ``and'' at the end;
(B) in paragraph (8), by striking the period at the end and
inserting ``; and''; and
(C) by adding at the end the following new paragraph:
``(9) advising the Secretary on all aspects of acquisition
and sustainment relating to--
``(A) major defense acquisition programs;
``(B) core logistics capabilities (as described under
section 2464 of this title);
``(C) the national technology and industrial base (as
defined in section 2500 of this title); and
``(D) the development of the strategic framework described
in section 113(g)(1)(B)(vii) of this title.''.
(3) Interim guidance.--Not later than October 1, 2021, the
Secretary of Defense shall publish interim guidance to carry
out the requirements of this subsection.
(b) Report.--Not later than February 1, 2021, the Secretary
of Defense shall submit to the congressional defense
committees a report on the progress towards publishing the
interim guidance required under subsection (a)(3).
SEC. 812. MODIFICATIONS TO COMPTROLLER GENERAL ASSESSMENT OF
ACQUISITION PROGRAMS AND RELATED INITIATIVES.
Section 2229b(b)(2) of title 10, United States Code, is
amended by striking ``a summary of'' and all that follows
through ``discussion of the'' and inserting ``a discussion of
selected organizational, policy, and legislative changes, as
determined appropriate by the Comptroller General, and the
potential''.
SEC. 813. CONTRACTOR WHISTLEBLOWER PROTECTIONS RELATING TO
NONDISCLOSURE AGREEMENTS.
(a) Department of Defense Contractors.--
(1) In general.--Section 2409(a) of title 10, United States
Code, is amended by adding at the end the following new
paragraph:
``(4) This section applies to any disclosure made by an
employee of a contractor, subcontractor, grantee, or
subgrantee or personal services contractor whether or not
such employee has signed, or is subject to, a nondisclosure
policy, form, or agreement with such contractor,
subcontractor, grantee, or subgrantee or personal services
contractor.''.
(2) Notification of employees.--Section 2409(d) of title
10, United States Code, is amended--
(A) by striking ``inform'' and inserting ``submit to the
Secretary or Administrator (as applicable) a certification
stating that such contractor or subcontrator has informed'';
and
(B) by inserting ``(including the applicability of such
rights and remedies if such an employee has signed, or is
subject to, a nondisclosure policy, form, or agreement)''
after ``under this section''.
(3) Application.--With respect to a nondisclosure policy,
form, or agreement between a covered contractor and a covered
employee that was in effect before the effective date of this
Act, paragraph (4) of section 2409(a) of title 10, United
States Code, as added by paragraph (1), shall apply if a
covered contractor has provided notice to a covered employee
of the rights and remedies of the covered employee relating
to a nondisclosure policy, form, or agreement under section
2409(d) of such title, as amended by paragraph (2).
(4) Website update.--The Inspector General of the
Department of Defense and the Inspector General of the
National Aeronautics and Space Administration shall update
any relevant websites to include information about this
subsection and the amendments made by this subsection.
(5) Definitions.--In this subsection:
(A) Covered contractor.--The term ``covered contractor''
means a contractor, grantee, or personal services contractor
of the Department of Defense or the National Aeronautics and
Space Administration.
(B) Covered employee.--The term ``covered employee'' means
an employee of a covered contractor or a subcontractor or
subgrantee of a covered contractor.
(b) Other Government Contractors.--
(1) In general.--Section 4712(a) of title 41, United States
Code, is amended by adding at the end the following new
paragraph:
``(4) Effect of a nondisclosure policy, form, or
agreement.--This section applies to any disclosure made by an
employee of a contractor, subcontractor, grantee, or
subgrantee or personal services contractor whether or not
such employee has signed, or is subject to, a nondisclosure
policy, form, or agreement with such contractor,
subcontractor, grantee, or subgrantee or personal services
contractor.''.
(2) Notification of employees.--Section 4712(d) of title
41, United States Code, is amended--
(A) by striking ``inform'' and inserting ``submit to the
applicable head of each executive agency a certification
stating that such contractor or subcontrator has informed'';
and
(B) by inserting ``(including the applicability of such
rights and remedies if such an employee has signed, or is
subject to, a nondisclosure policy, form, or agreement)''
after ``under this section''.
(3) Application.--With respect to a nondisclosure policy,
form, or agreement between a covered contractor and a covered
employee that was in effect before the effective date of this
Act, paragraph (4) of section 4712(a) of title 41, United
States Code, as added by paragraph (1), shall apply if a
covered contractor has provided notice to a covered employee
of the rights and remedies of the covered employee relating
to a nondisclosure policy, form, or agreement under section
4712(d) of such title, as amended by paragraph (2).
(4) Website update.--Each Inspector General (as defined in
section 4712(g) of title 41, United States Code) shall update
any relevant websites to include information about this
subsection and the amendments made by this subsection.
(5) Definitions.--In this subsection:
(A) Covered contractor.--The term ``covered contractor''
means a contractor, grantee, or personal services contractor
for a Federal contract or grant (as defined for purposes of
division C of title 41).
(B) Covered employee.--The term ``covered employee'' means
an employee of a covered contractor or a subcontractor or
subgrantee of a covered contractor.
(c) Notification and Remedies.--
(1) Notification.--A covered contractor shall inform the
contracting officer responsible for any contracts of such
covered contractor--
(A) if a person engaged in the performance of any such
contract has been subjected to a reprisal prohibited by
section 2409(a) of title 10, United States Code, or section
4712(a) of title 41, United States Code, where such reprisal
has been substantiated;
(B) any investigation of a complaint relating to any such
contract conducted by an Inspector General pursuant to
section 2409(b) of title 10, United States Code, or section
4712(b) of title 41, United States Code; and
(C) any action taken by a covered contractor or a covered
employee for any such contract to address a substantiated
reprisal described in subparagraph (A).
(2) Remedies.--In addition to other remedies available, if
a covered contractor fails to comply with the requirements of
paragraph (1), the relevant head of a Federal agency may--
(A) require the covered contractor to prohibit a covered
employee from performing a contract if such covered employee
has violated section 2409(a) of title 10, United States Code,
or section 4712(a) of title 41, United States Code;
(B) require the covered contractor to terminate a
subcontract if the subcontractor for such subcontract has
violated such sections;
(C) suspend payments to a covered contractor until such
covered contractor has taken appropriate remedial action.
(3) Definitions.--In this subsection:
(A) Covered contractor.--The term ``covered contractor''
means--
(i) with respect to a contract of the Department of Defense
or the National Aeronautics and Space Administration, a
contractor, grantee, or personal services contractor; and
(ii) with respect to a Federal contract or grant (as
defined for purposes of division C of title 41), a
contractor, grantee, or personal services contractor for such
a Federal contract or grant.
(B) Covered employee.--The term ``covered employee'' means
an employee of a covered contractor or a subcontractor or
subgrantee of a covered contractor.
(d) Training.--The Administrator of the Office of Federal
Procurement Policy shall update any required training for
Federal employees responsible for contract oversight relating
to--
(1) contracting certification requirements;
(2) processes for receiving a complaint from a person
alleging discrimination as a reprisal for disclosing
information under section 2409(a) of title 10, United States
Code, or section 4712(a) of title 41, United States Code; and
(3) prohibitions on contracting with entities that require
confidentiality agreements.
SEC. 814. COMPETITION REQUIREMENTS FOR PURCHASES FROM FEDERAL
PRISON INDUSTRIES.
(a) Competition Requirements for Purchases From Federal
Prison Industries.--Subsections (a) and (b) of section 2410n
of title 10, United States Code, are amended to read as
follows:
``(a) Market Research.--Before purchasing a product listed
in the latest edition of the Federal Prison Industries
catalog published under section 4124(d) of title 18, the
Secretary of Defense shall conduct market research to
determine whether such product--
``(1) is comparable to products available from the private
sector; and
``(2) best meets the needs of the Department of Defense in
terms of price, quality, and time of delivery.
``(b) Competition Requirement.--If the Secretary determines
that a Federal Prison Industries product is not comparable to
products available from the private sector and does not best
meet the needs of the Department of Defense in terms of
price, quality, or time of delivery, the Secretary shall use
competitive procedures or make an individual purchase under a
[[Page H3174]]
multiple award contract for the procurement of the product.
In conducting such a competition or making such a purchase,
the Secretary shall consider a timely offer from Federal
Prison Industries.''.
(b) Effective Date.--The amendment made by subsection (a)
shall take effect 60 days after the date of the enactment of
this Act.
SEC. 815. DISCLOSURE OF BENEFICIAL OWNERS IN DATABASE FOR
FEDERAL AGENCY CONTRACT AND GRANT OFFICERS.
Section 2313(d)(3) of title 41, United States Code, is
amended by inserting ``, and an identification of any
beneficial owner of such corporation,'' after ``to the
corporation''.
SEC. 816. INCLUSION OF OPTICAL TRANSMISSION COMPONENTS IN THE
ANALYTICAL FRAMEWORK FOR SUPPLY CHAIN RISKS.
Section 2509(b)(2)(A)(ii) of title 10, United States Code,
is amended by striking ``(other than optical transmission
components)''.
SEC. 817. AMENDMENT TO DEFINITION OF QUALIFIED APPRENTICE.
Section 2870(d) of title 10, United States Code, is
amended--
(1) in paragraph (1), by inserting ``or'' at the end;
(2) in paragraph (2), by striking ``; or'' at the end and
inserting a period; and
(3) by striking paragraph (3).
SEC. 818. CONTRACT CLOSEOUT AUTHORITY FOR SERVICES CONTRACTS.
Section 836 of the National Defense Authorization Act for
Fiscal Year 2017 (10 U.S.C. 2302 note) is amended--
(1) by amending subsection (b)(1) to read as follows:
``(1) was entered into--
``(A) with respect to a contract or group of contracts for
services, on a date that is the later of--
``(i) at least 7 fiscal years before the current fiscal
year; and
``(ii) the number of years applicable to the contract or
group of contracts in subpart 4.7 of the Federal Acquisition
Regulation (as in effect on April 1, 2020);
``(B) with respect to a contract or group of contracts not
described in subparagraph (A), on a date that is at least 17
fiscal years before the current fiscal year;'';
(2) by redesignating subsections (f) and (g) as subsections
(g) and (h), respectively; and
(3) by inserting after subsection (e) the following new
subsection:
``(f) Oversight.--The Secretary of Defense, acting through
the Director of the Defense Contract Management Agency, shall
establish and maintain a centralized capability with
necessary expertise and resources to provide oversight of the
closeout of a contract or group of contracts covered by this
section.''.
SEC. 819. PLAN TO IMPROVE DEPARTMENT-WIDE MANAGEMENT OF
INVESTMENTS IN WEAPON SYSTEMS.
(a) Portfolio Management Plan.--The Secretary of Defense
shall direct the Under Secretary of Defense for Acquisition
and Sustainment, in coordination with the Chairman of the
Joint Chiefs of Staff, and the Director of Cost Assessment
and Program Evaluation, to develop a plan to identify,
develop, and acquire databases, analytical and financial
tools, and workforce skills to improve the Department of
Defense-wide assessment, management, and optimization of the
investments in weapon systems of the Department, including
through consolidation of duplicate or similar weapon system
programs.
(b) Plan Contents.--The plan developed under subsection (a)
shall--
(1) describe the databases and analytical and financial
tools in use by the Department of Defense that may be used to
support the Department-wide assessment, management, and
optimization of the investments in weapon systems of the
Department;
(2) determine the database and analytical and financial
tool requirements that must be met, and the workforce skills
necessary, for more effective Department-wide reviews,
analyses, and management by the Secretary of the investments
in weapon systems of the Department;
(3) identify the skills described in paragraph (2) that are
possessed by the workforce of the Department;
(4) identify the databases and analytical and financial
tools to be modified, developed, or acquired to improve the
Department-wide reviews, analyses, and management of the
investments in weapon systems of the Department; and
(5) set forth a timeline for implementing the plan,
including a timeline for the modification, development, and
acquisition of each database and analytical and financial
tool identified under paragraph (4).
(c) Submission to Congress.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to Congress the plan developed under subsection (a).
(2) Form.--The plan submitted under paragraph (1) shall be
in an unclassified form but may contain a classified annex.
Subtitle C--Industrial Base Matters
SEC. 821. QUARTERLY NATIONAL TECHNOLOGY AND INDUSTRIAL BASE
BRIEFINGS.
(a) In General.--Section 2504 of title 10, United States
Code, is amended--
(1) by striking ``The Secretary'' and inserting the
following:
``(a) Annual Report.--The Secretary''; and
(2) by adding at the end the following new subsection:
``(b) Quarterly Briefings.--(1) The Secretary of Defense
shall ensure that the congressional defense committees
receive quarterly briefings on the progress of the Department
of Defense to address the prioritized list of gaps or
vulnerabilities in the national technology and industrial
base described in subsection (a)(3)(B) as follows:
``(A) One quarterly briefing per year shall be provided by
the Secretary of the Army.
``(B) One quarterly briefing per year shall be provided by
the Secretary of the Navy.
``(C) One quarterly briefing per year shall be provided by
the Secretary of the Air Force.
``(D) One quarterly briefing per year shall be provided by
all appropriate heads of the Defense Agencies identified
under subsection (a)(3)(B)(ii).
``(2) Each briefing under paragraph (1) shall include an
update of the progress of addressing such gaps or
vulnerabilities by the Secretary concerned or the appropriate
head of a Defense Agency, including an update on--
``(A) actions taken to address such gaps or
vulnerabilities;
``(B) the mitigation strategies necessary to address such
gaps or vulnerabilities; and
``(C) the proposed timeline for action to address such gaps
or vulnerabilities.''.
(b) Conforming and Clerical Amendments.--
(1) Heading amendment.--The heading of section 2504 of such
title is amended to read as follows:
``Sec. 2504. National technology and industrial base: annual
report and quarterly briefings''.
(2) Clerical amendment.--The table of sections for
subchapter II of chapter 148 of such title is amended by
striking the item relating to section 2504 and inserting the
following new item:
``2504. National technology and industrial base: annual report and
quarterly briefing.''.
SEC. 822. EXPANSION ON THE PROHIBITION ON ACQUIRING CERTAIN
METAL PRODUCTS.
(a) In General.--Section 2533c of title 10, United States
Code, is amended--
(1) in subsection (a)(1), by striking ``material melted''
and inserting ``material mined, refined, separated,
melted,''; and
(2) in subsection (c)(3)(A)(i), by striking ``tungsten''
and inserting ``covered material''.
(b) Effective Date.--The amendments made by subsection (a)
shall take effect on the date that is three years after the
date of the enactment of this Act.
SEC. 823. REQUIREMENT THAT CERTAIN SHIP COMPONENTS BE
MANUFACTURED IN THE NATIONAL TECHNOLOGY AND
INDUSTRIAL BASE.
(a) Technical Amendment.--The second subsection (k) of
section 2534 of title 10, United States Code (relating to
Implementation of Auxiliary Ship Component Limitation), is
redesignated as subsection (l).
(b) Components for Auxiliary Ships.--Section 2534(a) of
title 10, United States Code, is amended by adding at the end
the following new paragraph:
``(6) Components for auxiliary ships.--Subject to
subsection (l), the following components:
``(A) Large medium-speed diesel engines.
``(B) Auxiliary equipment, including pumps, for all
shipboard services.
``(C) Propulsion system components, including engines,
reduction gears, and propellers.
``(D) Shipboard cranes.
``(E) Spreaders for shipboard cranes.''.
(c) Implementation.--Subsection (l) of section 2534 of
title 10, United States Code, as redesignated by subsection
(a), is amended--
(1) by redesignating the second sentence to appear as flush
text at the end;
(2) by striking ``auxiliary ship after the date'' and
inserting the following: ``auxiliary ship--
``(1) with respect to large medium-speed diesel engines
described under subparagraph (A) of such subsection, after
the date'';
(3) in paragraph (1) (as so designated), by striking
``Navy.'' and inserting ``Navy; and''; and
(4) by inserting after paragraph (1) (as so designated) the
following new paragraph:
``(2) with respect to components listed in subparagraphs
(B) through (E) of such subsection, after the date of the
enactment of the National Defense Authorization Act for
Fiscal Year 2021 using funds available for National Defense
Sealift Fund programs or Shipbuilding and Conversion,
Navy.''.
SEC. 824. PREFERENCE FOR SOURCING RARE EARTH MATERIALS FROM
THE NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
The Secretary of Defense shall, to the maximum extent
practicable, acquire materials that are determined to be
strategic and critical materials required to meet the
defense, industrial, and essential civilian needs of the
United States in the following order of preference:
(1) From sources located within the United States.
(2) From sources located within the national technology and
industrial base (as defined in section 2500 of title 10,
United States Code).
(3) From other sources as appropriate.
SEC. 825. ENHANCED DOMESTIC CONTENT REQUIREMENT FOR MAJOR
DEFENSE ACQUISITION PROGRAMS.
(a) Assessment Required.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
assessing the domestic source content of any procurement
carried out in connection with major defense acquisition
programs.
(2) Information repository.--The Secretary of Defense shall
establish an information repository for the collection and
analysis of information related to domestic source content
that can be used for continuous data analysis and program
management activities.
(b) Enhanced Domestic Content Requirement.--
[[Page H3175]]
(1) In general.--For purposes of chapter 83 of title 41,
United States Code, manufactured articles, materials, or
supplies procured in connection with a major defense
acquisition program shall be deemed to be manufactured
substantially all from articles, materials, or supplies
mined, produced, or manufactured in the United States, if
such component articles, materials, or supplies--
(A) not later than October 1, 2021, comprise 75 percent of
the manufactured articles, materials, or supplies;
(B) not later than October 1, 2022, comprise 80 percent of
the manufactured articles, materials, or supplies;
(C) not later than October 1, 2023, comprise 85 percent of
the manufactured articles, materials, or supplies;
(D) not later than October 1, 2024, comprise 90 percent of
the manufactured articles, materials, or supplies;
(E) not later than October 1, 2025, comprise 95 percent of
the manufactured articles, materials, or supplies; and
(F) not later than October 1, 2026, comprise 100 percent of
the manufactured articles, materials, or supplies.
(2) Waiver.--Before Milestone A approval (as defined in
section 2366a(d) of title 10, United States Code) is granted
for a major defense acquisition program, the Secretary of
Defense shall determine whether or not to grant a waiver of
the requirements of paragraph (1).
(3) Effective date.--The domestic content requirement under
paragraph (1) applies to contracts entered into on or after
October 1, 2021.
(c) Major Defense Acquisition Program Defined.--In this
section, the term ``major defense acquisition program'' has
the meaning given in section 2430 of title 10, United States
Code.
SEC. 826. ADDITIONAL REQUIREMENTS PERTAINING TO PRINTED
CIRCUIT BOARDS.
(a) Purchases.--Beginning in fiscal year 2023, the
Secretary of Defense shall require that any contractor or
subcontractor that provides covered printed circuit boards
for use by the Department of Defense to certify that, of the
total value of the covered printed circuit boards provided by
such contractor or subcontractor pursuant to a contract with
the Department of Defense, not less than the percentages set
forth in subsection (b) were manufactured and assembled
within a covered country.
(b) Implementation.--In making a certification under
subsection (a), a contractor or subcontractor shall use the
following percentages:
(1) During fiscal years 2023 through 2027, the greater of--
(A) 50 percent; or
(B) 75 percent, if the Secretary of Defense has determined
that suppliers in covered countries are capable of supplying
75 percent of Department of Defense requirements for printed
circuit boards.
(2) During fiscal years 2028 through 2032, the greater of--
(A) 75 percent; or
(B) 100 percent, if the Secretary of Defense has determined
that suppliers in covered countries are capable of supplying
100 percent of Department of Defense requirements for printed
circuit boards.
(3) Beginning in fiscal year 2033, 100 percent.
(c) Remediation.--
(1) In general.--In the event that a contractor or
subcontractor is unable to make the certification required
under subsection (a), the Secretary may accept covered
printed circuit boards from such contractor or subcontractor
for up to one year while requiring the contractor to complete
a remediation plan. Such a plan shall be submitted to the
congressional defense committees and shall require the
contractor or subcontractor that failed to make the
certification required under subsection (a) to--
(A) audit its supply chain to identify any areas of
security vulnerability and noncompliance with section 224 of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92); and
(B) meet the requirements of subsection (a) within one year
after the initial missed certification deadline.
(2) Restriction.--No contractor or subcontractor that has
supplied covered printed circuit boards while under a
remediation plan shall be eligible to enter into another
remediation plan under subsection (c) for a period of five
years.
(d) Waiver.--The Secretary of Defense may waive the
requirement under subsection (a) with respect to a contractor
or subcontractor if the Secretary determines that--
(1) there are no significant national security concerns
regarding counterfeiting, quality, or unauthorized access
created by accepting covered printed circuit boards under
such waiver; and
(2) the contractor is otherwise in compliance with all
relevant cybersecurity provisions relating to members of the
defense industrial base, including section 224 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92).
(e) Availability Exception.--Subsection (a) shall not apply
to the extent that the Secretary of Defense or the Secretary
of the military department concerned determines that covered
printed circuit boards of satisfactory quality and sufficient
quantity, in the required form, cannot be procured as and
when needed from covered countries.
(f) Definitions.--In this section:
(1) Covered country.--The term ``covered country'' means--
(A) the United States; or
(B) a foreign country whose government has a memorandum of
understanding or agreement with the United States that--
(i) where applicable, complies with the requirements of
section 36 of the Arms Export Control Act (22 U.S.C. 2776)
and with section 2457 of title 10, United States Code; and
(ii) either--
(I) requires the United States to purchase supplies from
foreign sources for the purposes of offsetting sales made the
by United States Government or United States firms under
approved programs serving defense requirements; or
(II) under which the United States and such government
agree to remove barriers to purchase supplies produced in
such foreign country or services performed by sources of such
foreign country.
(2) Covered printed circuit board.--
(A) In general.--The term ``covered printed circuit board''
means any printed circuit board that is--
(i) a product that is not a commercial product (as defined
in section 103 of title 41, United States Code); or
(ii) a commercial product (as defined in section 103 of
title 41, United States Code), other than a commercially
available off-the-shelf item (as defined in section 104 of
title 41, United States Code) not described in subparagraph
(B).
(B) Commercially available off-the-shelf items described.--
The commercially available off-the-shelf items (as defined in
section 104 of title 41, United States Code) described in
this subparagraph are such items that are acquired under a
contract with an award value that is greater than the micro-
purchase threshold under section 2338 of title 10, United
States Code, for use as an integral component in a system
designed for--
(i) telecommunications, including data communications and
fifth-generation cellular communications;
(ii) data storage;
(iii) medical applications;
(iv) networking;
(v) computing;
(vi) radar;
(vii) munitions; or
(viii) any other system that the Secretary of Defense
determines should be covered under this section.
(3) Subcontractor.--The term ``subcontractor'' includes
subcontractors at any tier.
SEC. 827. REPORT ON USE OF DOMESTIC NONAVAILABILITY
DETERMINATIONS.
Not later than September 30, 2021, and annually thereafter,
the Secretary of Defense shall submit a report to
congressional defense committees--
(1) describing in detail the use of any waiver or exception
by the Department of Defense to the requirements of chapter
83 of title 41, United States Code, or section 2533a of title
10, United States Code, relating to domestic nonavailability
determinations;
(2) specifying the type of waiver or exception used; and
(3) providing an assessment of the impact on the use of
such waivers or exceptions due to the COVID-19 pandemic and
associated challenges with investments in domestic sources.
SEC. 828. SENSE OF CONGRESS ON THE PROHIBITION ON CERTAIN
TELECOMMUNICATIONS AND VIDEO SURVEILLANCE
SERVICES OR EQUIPMENT.
(a) Findings.--Congress finds the following:
(1) Prohibiting the use of telecommunications and video
surveillance products or services from certain Chinese
entities within the Federal Government's supply chain is
essential to our national security.
(2) Section 889 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
132 Stat. 1917; 41 U.S.C. note prec. 3901) restricts Federal
agencies from procuring, contracting with entities that use,
or funding the purchase of certain telecommunications
products of Chinese companies determined by Congress to pose
a substantial threat to the security of our communication
infrastructure.
(3) Specifically, section 889(a)(1)(B) of such Act,
effective August 13, 2020, will prohibit Federal agencies
from entering into, extending, or renewing a contract with an
entity that uses covered telecommunications and video
surveillance equipment or services from designated Chinese
companies, including Huawei and ZTE, in their supply chains.
(4) As of July 1, 2020, the Federal Acquisition Regulatory
Council has yet to release a draft rule for public comment on
the implementation of the prohibitions described in section
889(a)(1)(B) of such Act, leaving Federal agencies and
contractors that provide equipment and services to the
Federal Government without implementation guidance necessary
to adequately plan for or comply with the prohibitions.
(5) Belated, and then hurried, implementation of this
critical prohibition puts at risk the Federal Government's
ability to acquire essential goods and services and increases
vulnerability in the supply chain through inconsistent
implementation.
(6) A senior Department of Defense leader testified on June
10, 2020, that, ``I am very concerned about being able to
implement [the prohibition] in August, as well as totally
comply within two years . . . I believe we need more time''.
(7) Subsequent to the enactment of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232), Congress established the Federal
Acquisition Security Council (FASC)--comprised of senior
officials from the Office of Management and Budget, General
Services Administration, Department of Defense, Department of
Homeland Security and the intelligence community--to
streamline the Federal Government's supply chain risk
management efforts and develop criteria and processes for
supply chain information sharing among executive agencies.
(b) Sense of Congress.--It is the sense of Congress that--
(1) successful implementation of the prohibition on using
or procuring certain telecommunications and video
surveillance equipment under section 889 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019
[[Page H3176]]
(Public Law 115-232; 132 Stat. 1917; 41 U.S.C. note prec.
3901) is critical to protecting the supply chain of the
Federal Government, and Federal agencies should draw upon the
expert resources available (such as the Federal Acquisition
Security Council established under subchapter III of chapter
13 of title 41, United States Code) to ensure implementation
of such prohibition is done in a comprehensive and
deliberative manner; and
(2) the Federal Acquisition Regulatory Council shall ensure
successful implementation of such prohibition by providing
sufficient time for public comment and review of any related
rulemaking.
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.
(a) Transfer Date.--For purposes of this section, the term
``transfer date'' means the date that is 2 years after the
date of enactment of this section, except that such date may
be extended an unlimited number of times by a period of not
more than 6 months if the Administrator of the Small Business
Administration and the Secretary of Veterans Affairs jointly
issue a notice to Congress and the Law Revision Counsel of
the House of Representatives containing--
(1) a certification that such extension is necessary;
(2) the rationale for and the length of such extension; and
(3) a plan to comply with the requirements of this section
within the timeframe of the extension.
(b) Amendment to and Transfer of Veteran-owned and Service-
disabled Veteran-owned Business Database.--
(1) Amendment of veteran-owned and service-disabled
veteran-owned business database.--Effective on the transfer
date, section 8127 of title 38, United States Code, is
amended--
(A) in subsection (e)--
(i) by striking ``the Secretary'' and inserting ``the
Administrator''; and
(ii) by striking ``subsection (f)'' and inserting ``section
36 of the Small Business Act'';
(B) in subsection (f)--
(i) by striking ``the Secretary'' each place such term
appears, other than in the last place such term appears under
paragraph (2)(A), and inserting ``the Administrator'';
(ii) in paragraph (1), by striking ``small business
concerns owned and controlled by veterans with service-
connected disabilities'' each place such term appears and
inserting ``small business concerns owned and controlled by
service-disabled veterans'';
(iii) in paragraph (2)--
(I) in subparagraph (A), by striking ``to access'' and
inserting ``to obtain from the Secretary of Veterans
Affairs''; and
(II) by striking subparagraph (B) and inserting the
following:
``(B) For purposes of this subsection--
``(i) the Secretary of Veterans Affairs shall--
``(I) verify an individual's status as a veteran or a
service-disabled veteran; and
``(II) establish a system to permit the Administrator to
access, but not alter, such verification; and
``(ii) the Administrator shall verify--
``(I) the status of a business concern as a small business
concern; and
``(II) the ownership and control of such business concern.
``(C) The Administrator may not certify a concern under
subsection (b) or section 36A if the Secretary of Veterans
Affairs cannot provide the verification described under
subparagraph (B)(i)(I).'';
(iv) by striking paragraphs (4) and (7);
(v) by redesignating paragraphs (5) and (6) as paragraphs
(4) and (5), respectively, and redesignating paragraph (8) as
paragraph (6);
(vi) in paragraph (4), as so redesignated, by striking
``The Secretary'' and inserting ``The Administrator''; and
(vii) in paragraph (6), as so redesignated--
(I) in subparagraph (A)--
(aa) by striking ``verify the status of the concern as a
small business concern or the ownership or control of the
concern'' and inserting ``certify the status of the concern
as a small business concern owned and controlled by veterans
(under section 36A) or a small business concern owned and
controlled by service-disabled veterans (under section
36(g))''; and
(bb) by striking ``verification'' and inserting
``certification'';
(II) in subparagraph (B)--
(aa) in clause (i), by striking ``small business concern
owned and controlled by veterans with service-connected
disabilities'' and inserting ``small business concern owned
and controlled by service-disabled veterans''; and
(bb) in clause (ii)--
(AA) by amending subclause (I) to read as follows:
``(I) the Secretary of Veterans Affairs or the
Administrator; or''; and
(BB) in subclause (II), by striking ``the contracting
officer of the Department'' and inserting ``the applicable
contracting officer''; and
(III) by striking subparagraph (C);
(C) by redesignating subsection (k) (relating to
definitions) as subsection (l);
(D) by inserting after subsection (j) (relating to annual
reports) the following:
``(k) Annual Transfer for Certification Costs.--For each
fiscal year, the Secretary of Veterans Affairs shall
reimburse the Administrator in an amount necessary to cover
any cost incurred by the Administrator for certifying small
business concerns owned and controlled by veterans that do
not qualify as small business concerns owned and controlled
by service-disabled veterans for the Secretary for purposes
of this section and section 8128 of this title. The
Administrator is authorized to accept such reimbursement. The
amount of any such reimbursement shall be determined jointly
by the Secretary and the Administrator and shall be provided
from fees collected by the Secretary under multiple-award
schedule contracts. Any disagreement about the amount shall
be resolved by the Director of the Office of Management and
Budget.''; and
(E) subsection (l) (relating to definitions), as so
redesignated, by adding at the end the following:
``(4) The term Administrator means the Administrator of the
Small Business Administration.''.
(2) Transfer of requirements relating to database to the
small business act.--Effective on the transfer date,
subsection (f) of section 8127 of title 38, United States
Code (as amended by paragraph (1)), is transferred to section
36 of the Small Business Act (15 U.S.C. 657f), inserted so as
to appear after subsection (e).
(3) Conforming amendments.--The following amendments shall
take effect on the transfer date:
(A) Small business act.--Section 3(q)(2)(C)(i)(III) of the
Small Business Act (15 U.S.C. 632(q)(2)(C)(i)(III)) is
amended by striking ``section 8127(f) of title 38, United
States Code'' and inserting ``section 36''.
(B) Title 38.--Section 8128 of title 38, United States
Code, is amended by striking ``section 8127(f) of this
title'' and inserting ``section 36 of the Small Business
Act''.
(c) Additional Requirements for Database.--
(1) Administration access to database before the transfer
date.--During the period between the date of the enactment of
this section and the transfer date, the Secretary of Veterans
Affairs shall provide the Administrator of the Small Business
Administration with access to the contents of the database
described under section 8127(f) of title 38, United States
Code.
(2) Rule of construction.--Nothing in this section or the
amendments made by this section may be construed--
(A) as prohibiting the Administrator of the Small Business
Administration from combining the contents of the database
described under section 8127(f) of title 38, United States
Code, with other databases maintained by the Administration;
or
(B) as requiring the Administrator to use any system or
technology related to the database described under section
8127(f) of title 38, United States Code, on or after the
transfer date to comply with the requirement to maintain a
database under subsection (f) of section 36 of the Small
Business Act (as transferred pursuant to subsection (b)(2) of
this section).
(3) Recognition of the issuance of joint regulations.--The
date specified under section 1832(e) of the National Defense
Authorization Act for Fiscal Year 2017 (15 U.S.C. 632 note)
shall be deemed to be October 1, 2018.
(d) Procurement Program for Small Business Concerns Owned
and Controlled by Service-disabled Veterans.--
(1) Procurement program for small business concerns owned
and controlled by service-disabled veterans.--Section 36 of
the Small Business Act (15 U.S.C. 657f) is amended--
(A) by striking subsections (d) and (e);
(B) by redesignating subsections (a), (b), and (c) as
subsections (c), (d), and (e) respectively;
(C) by inserting before subsection (c), as so redesignated,
the following:
``(a) Contracting Officer Defined.--For purposes of this
section, the term `contracting officer' has the meaning given
such term in section 2101 of title 41, United States Code.
``(b) Certification of Small Business Concerns Owned and
Controlled by Service-disabled Veterans.--With respect to a
procurement program or preference established under this Act
that applies to prime contractors, the Administrator shall--
``(1) certify the status of the concern as a `small
business concern owned and controlled by service-disabled
veterans'; and
``(2) require the periodic recertification of such
status.'';
(D) in subsection (d), as so redesignated, by striking
``and that the award can be made at a fair market price'' and
inserting ``, that the award can be made at a fair market
price, and if each concern is certified by the Administrator
as a small business concern owned and controlled by service-
disabled veterans''; and
(E) by adding at the end the following:
``(g) Certification Requirement.--Notwithstanding
subsection (c), a contracting officer may only award a sole
source contract to a small business concern owned and
controlled by service-disabled veterans or a contract on the
basis of competition restricted to small business concerns
owned and controlled by service-disabled veterans if such a
concern is certified by the Administrator as a small business
concern owned and controlled by service-disabled veterans.
``(h) Enforcement; Penalties.--
``(1) Verification of eligibility.--In carrying out this
section, the Administrator shall establish procedures
relating to--
``(A) the filing, investigation, and disposition by the
Administration of any challenge to the eligibility of a small
business concern to receive assistance under this section
(including a challenge, filed by an interested party,
relating to the veracity of a certification made or
information provided to the Administration by a small
business concern under subsection (b)); and
``(B) verification by the Administrator of the accuracy of
any certification made or information provided to the
Administration by a small business concern under subsection
(b).
``(2) Examinations.--
``(A) Examination of applicants.--The procedures
established under paragraph (1) shall provide for a program
of examinations by the
[[Page H3177]]
Administrator of any small business concern making a
certification or providing information to the Administrator
under subsection (b), to determine the veracity of any
statements or information provided as part of such
certification or otherwise provided under subsection (b).
``(B) Examination of certified concerns.--The procedures
established under paragraph (1) shall provide for the
examination of risk-based samples of small business concerns
certified under subsection (b), or of any small business
concern that the Administrator believes poses a particular
risk or with respect to which the Administrator receives
specific and credible information alleging that the small
business concern no longer meets eligibility requirements to
be certified as a small business concern owned and controlled
by service-disabled veterans.
``(3) Penalties.--In addition to the penalties described in
section 16(d), any small business concern that is determined
by the Administrator to have misrepresented the status of
that concern as a small business concern owned and controlled
by service-disabled veterans for purposes of subsection (b),
shall be subject to--
``(A) section 1001 of title 18, United States Code;
``(B) sections 3729 through 3733 of title 31, United States
Code; and
``(C) section 8127(g) of title 38, United States Code.
``(i) Provision of Data.--Upon the request of the
Administrator, the head of any Federal department or agency
shall promptly provide to the Administrator such information
as the Administrator determines to be necessary to carry out
subsection (b) or to be able to certify the status of the
concern as a small business concern owned and controlled by
veterans under section 36A.''.
(2) Penalties for misrepresentation.--Section 16 of the
Small Business Act (15 U.S.C. 645) is amended--
(A) in subsection (d)(1)--
(i) by striking ``, a'' and inserting ``, a `small business
concern owned and controlled by service-disabled veterans', a
`small business concern owned and controlled by veterans',
a''; and
(ii) in paragraph (A), by striking ``9, 15, or 31'' and
inserting ``8, 9, 15, 31, 36, or 36A''; and
(B) in subsection (e), by striking ``, a'' and inserting
``, a `small business concern owned and controlled by
service-disabled veterans', a `small business concern owned
and controlled by veterans', a''.
(e) Certification for Small Business Concerns Owned and
Controlled by Veterans.--The Small Business Act (15 U.S.C.
631 et seq.) is amended by inserting after section 36 the
following new section:
``SEC. 36A. CERTIFICATION OF SMALL BUSINESS CONCERNS OWNED
AND CONTROLLED BY VETERANS.
``(a) In General.--With respect to the program established
under section 8127 of title 38, United States Code, the
Administrator shall--
``(1) certify the status of the concern as a `small
business concern owned and controlled by veterans'; and
``(2) require the periodic recertification of such status.
``(b) Enforcement; Penalties.--
``(1) Verification of eligibility.--In carrying out this
section, the Administrator shall establish procedures
relating to--
``(A) the filing, investigation, and disposition by the
Administration of any challenge to the eligibility of a small
business concern to receive assistance under this section
(including a challenge, filed by an interested party,
relating to the veracity of a certification made or
information provided to the Administration by a small
business concern under subsection (a)); and
``(B) verification by the Administrator of the accuracy of
any certification made or information provided to the
Administration by a small business concern under subsection
(a).
``(2) Examination of applicants.--The procedures
established under paragraph (1) shall provide for a program
of examinations by the Administrator of any small business
concern making a certification or providing information to
the Administrator under subsection (a), to determine the
veracity of any statements or information provided as part of
such certification or otherwise provided under subsection
(a).
``(3) Penalties.--In addition to the penalties described in
section 16(d), any small business concern that is determined
by the Administrator to have misrepresented the status of
that concern as a small business concern owned and controlled
by veterans for purposes of subsection (a), shall be subject
to--
``(A) section 1001 of title 18, United States Code;
``(B) sections 3729 through 3733 of title 31, United States
Code; and
``(C) section 8127(g) of title 38, United States Code.''.
(f) Status of Self-certified Small Business Concerns Owned
and Controlled by Service-disabled Veterans.--
(1) In general.--Notwithstanding any other provision of
law, any small business concern that self-certified as a
small business concern owned and controlled by service-
disabled veterans shall--
(A) if the concern files a certification application with
the Administrator of the Small Business Administration before
the end of the 1-year period beginning on the transfer date,
maintain such self-certification until the Administrator
makes a determination with respect to such certification; and
(B) if the concern does not file such a certification
application before the end of the 1-year period beginning on
the transfer date, lose, at the end of such 1-year period,
any self-certification of the concern as a small business
concern owned and controlled by service-disabled veterans.
(2) Non-applicability to department of veterans affairs.--
Paragraph (1) shall not apply to participation in contracts
(including subcontracts) with the Department of Veterans
Affairs.
(3) Notice.--The Administrator shall notify any small
business concern that self-certified as a small business
concern owned and controlled by service-disabled veterans
about the requirements of this section, including the
transfer date and any extension of such transfer date made
pursuant to subsection (a), and make such notice publicly
available, on--
(A) the date of the enactment of this section; and
(B) the date on which an extension described under
subsection (a) is approved.
(g) Transfer of the Center for Verification and Evaluation
of the Department of Veterans Affairs to the Small Business
Administration.--
(1) Abolishment.--The Center for Verification and
Evaluation of the Department of Veterans Affairs defined
under section 74.1 of title 38, Code of Federal Regulations,
is abolished effective on the transfer date.
(2) Transfer of functions.--All functions that, immediately
before the effective date of this subsection, were functions
of the Center for Verification and Evaluation shall--
(A) on the date of enactment of this section, be functions
of both the Center for Verification and Evaluation and the
Small Business Administration, except that the Small Business
Administration shall not have any authority to carry out any
verification functions of the Center for Verification and
Evaluation; and
(B) on the transfer date, be functions of the Small
Business Administration.
(3) Transfer of assets.--So much of the personnel,
property, and records employed, used, held, available, or to
be made available in connection with a function transferred
under this subsection shall be available to the Small
Business Administration at such time or times as the
President directs for use in connection with the functions
transferred.
(4) References.--Any reference in any other Federal law,
Executive order, rule, regulation, or delegation of
authority, or any document of or pertaining to a function of
the Center for Verification and Evaluation that is
transferred under this section is deemed, after the transfer
date, to refer to the Small Business Administration.
(h) Report.--Not later than the end of the 1-year period
beginning on the date of the enactment of this section and
every 6 months thereafter until the transfer date, the
Administrator of the Small Business Administration and
Secretary of Veterans Affairs shall jointly issue a report to
the Committees on Appropriations, Small Business, and
Veterans' Affairs of the House of Representatives and the
Committees on Appropriations, Small Business and
Entrepreneurship, and Veterans' Affairs of the Senate on the
planning for the transfer of functions and property required
under this section and the amendments made by this section on
the transfer date. Such report shall include--
(1) whether and how the verification database and
operations of the Center for Verification and Evaluation of
the Department of Veterans Affairs will be incorporated into
the existing certification database of the Small Business
Administration;
(2) projections for the numbers and timing, in terms of
fiscal year, of--
(A) already verified concerns that will come up for
recertification; and
(B) self-certified concerns that are expected to apply for
certification;
(3) an explanation of how outreach to veteran service
organizations, the service-disabled veteran-owned and
veteran-owned small business community, and other
stakeholders will be conducted; and
(4) other pertinent information determined by the
Administrator and the Secretary.
SEC. 832. EQUITABLE ADJUSTMENTS TO CERTAIN CONSTRUCTION
CONTRACTS.
(a) In General.--The Small Business Act (15 U.S.C. 631 et
seq.) is amended by inserting after section 15 the following
new section:
``SEC. 15A. EQUITABLE ADJUSTMENTS TO CONSTRUCTION CONTRACTS.
``(a) Request for an Equitable Adjustment.--A small
business concern performing a construction contract that was
awarded by an agency may submit a request for an equitable
adjustment to the contracting officer of such agency if the
contracting officer directs a change in the work within the
general scope of the contract without the agreement of the
small business concern. Such request shall--
``(1) be timely made pursuant to the terms of the contract;
and
``(2) comply with Federal regulations regarding equitable
adjustments, including specifying additional costs resulting
from such change in the work within the general scope of the
contract.
``(b) Amount.--Upon receipt of a request for equitable
adjustment under subsection (a), the agency shall provide to
the small business concern an interim partial payment in an
amount that is at least 50 percent of the costs identified in
the request for equitable adjustment under subsection (a)(2).
``(c) Limitation.--Any interim partial payment made under
this section shall not be deemed to be an action to
definitize the request for an equitable adjustment.
``(d) Flow-down of Interim Partial Payment Amounts.--A
small business concern that requests an equitable adjustment
under this section shall pay to a first tier subcontractor or
supplier the portion of the interim partial payment received
that is attributable to the increased costs of performance
incurred by the first tier subcontractor or supplier due to
the change in the work within the general scope of the
contract. A subcontractor or supplier at any tier that
receives a portion of an interim partial
[[Page H3178]]
payment under this section shall pay its subcontractor or
supplier the appropriate portion of such payment.''.
(b) Implementation.--The Administrator of the Small
Business Administration shall implement the requirements of
this section not later than the first day of the first full
fiscal year beginning after the date of the enactment of this
Act.
SEC. 833. EXEMPTION OF CERTAIN CONTRACTS AWARDED TO SMALL
BUSINESS CONCERNS FROM CATEGORY MANAGEMENT
REQUIREMENTS.
(a) In General.--The Small Business Act is amended--
(1) by redesignating section 49 as section 50; and
(2) by inserting after section 48 the following new
section:
``SEC. 49. EXEMPTION OF CERTAIN CONTRACTS FROM CATEGORY
MANAGEMENT REQUIREMENTS.
``(a) In General.--A contract awarded under section 8(a),
8(m), 31, or 32 that is classified as tier 0--
``(1) shall be exempt from the procedural requirements of
any Federal rule or guidance on category management or
successor strategies for contract consolidation; and
``(2) may not be included when measuring the attainment of
any goal or benchmark established under any Federal rule or
guidance on category management or successor strategies for
contract consolidation, unless the inclusion of such contract
aids in the achievement of such a goal or benchmark.
``(b) Definitions.--In this section:
``(1) Category management.--The term `category management'
has the meaning given such term by the Director of the Office
of Management and Budget.
``(2) Tier 0.--The term `tier 0' has the meaning given such
term by the Director of the Office of Management and Budget
with respect to the Spend Under Management tiered maturity
model, or any successor model.''.
(b) Application.--Section 49 of the Small Business Act, as
added by subsection (a), shall apply with respect to
contracts entered into on or after the date of the enactment
of this Act.
(c) Plan and Report.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget shall submit to Congress a report
including a plan to increase the participation of small
business concerns in agency-wide or Government-wide contracts
(including best in class designations as defined in section
15(h)(4)(B)). Such plan shall include--
(A) strategies to increase the amount and frequency of
opportunities for small business concerns to participate in
agency-wide or Government-wide contracts;
(B) strategies to ease or eliminate requirements that
impede such participation of small business concerns; and
(C) a specific goal for the number of small business
concerns participating in agency-wide or Government-wide
contracts and a timeline to achieve such goal.
(2) Implementation.--Not later than 60 days after the
submission of the report required under paragraph (1), the
Director of the Office of Management and Budget shall
implement the plan contained in such report.
(d) Rulemaking.--Not later than 90 days after the date of
the enactment of this Act, the Federal Acquisition Regulation
shall be revised to carry out this Act and the amendment made
by this Act.
SEC. 834. REPORT ON ACCELERATED PAYMENTS TO CERTAIN SMALL
BUSINESS CONCERNS.
(a) Report.--Not later than 3 months after the date of the
enactment of this section, the head of each Federal agency
shall submit to Congress a report on the timeliness of
payments made to a covered prime contractor. Such report
shall include--
(1) the date on which the Federal agency began providing
accelerated payments in accordance with section 2307(a)(2) of
title 10, United States Code, or paragraphs (10) and (11) of
section 3903(a) of title 31, United States Code, as
applicable, to a covered prime contractor;
(2) of contracts to which such sections apply, the amount
and percentage of covered contracts with accelerated payment
terms in accordance with such sections; and
(3) whether and on what date the agency discontinued
implementation of the Office of Management and Budget
Circular M-11-32 titled ``Accelerating Payments to Small
Businesses for Goods and Services'' (issued September 14,
2011).
(b) Definitions.--In this section:
(1) Covered prime contractor.--The term ``covered prime
contractor'' means--
(A) a prime contractor (as defined in section 8701 of title
41) that is a small business concern (as defined in section 3
of the Small Business Act (15 U.S.C. 632)); and
(B) a prime contractor that subcontracts with a small
business concern.
(2) Covered contract.--The term ``covered contract'' means
a contract entered into by a covered prime contractor--
(A) on or after August 13, 2018, with respect to a contract
entered into the head of an agency (as defined in section
2302 of title 10, United States Code); or
(B) on or after December 20, 2019, with respect to a
contract entered into with the head of an agency (as defined
in section 3901 of title 31, United States Code).
(3) Federal agency.--The term ``Federal agency'' has the
meaning given ``agency'' in section 551(a) of title 5, United
States Code.
Subtitle E--Other Matters
SEC. 841. MODIFICATIONS TO SUPERVISION AND AWARD OF CERTAIN
CONTRACTS.
(a) Supervision of Military Construction Projects.--Section
2851 of title 10, United States Code, is amended--
(1) in subsection (c)(1)--
(A) by inserting ``or appropriated'' after ``funds
authorized'' each place such term appears; and
(B) in subparagraph (E), by inserting ``, Facilities
Sustainment, Restoration, and Modernization (FSRM) project,''
after ``military construction project''; and
(2) in subsection (c)(2)--
(A) by inserting ``, deadline for bid submissions,'' after
``solicitation date'';
(B) by inserting ``(including the address of such
recipient)'' after ``contract recipient''; and
(C) by adding at the end the following new subparagraphs:
``(H) Any subcontracting plan required under paragraph (4)
or (5) of section 8(d) of the Small Business Act (15 U.S.C.
637(d)) for the project submitted by the contract recipient
to the Secretary of Defense.
``(I) A detailed written statement describing and
justifying any exception applied or waiver granted under--
``(i) chapter 83 of title 41;
``(ii) section 2533a of this title; or
``(iii) section 2533b of this title.''; and
(3) by adding at the end the following new paragraph:
``(4) The information required to be published on the
Internet website under subsection (c) shall constitute a
record for the purposes of Chapter 21, 29, 31, and 33 of
title 44.''.
(b) Requirements Relating to the Award of Covered Military
Construction Contracts.--
(1) Requirements.--Subchapter III of chapter 169 of title
10, United States Code, is amended by inserting after section
2851 the following new section:
``Sec. 2851a. Requirements relating to the award of covered
military construction contracts
``(a) Publication of Certain Information Relating to
Covered Military Construction Contracts.--
``(1) Contractor requirements.--A contractor that has been
awarded a covered military construction contract shall--
``(A) make publicly available on a website of the General
Services Administration or the Small Business Administration,
as applicable, any solicitation under that covered military
construction contract for a subcontract of an estimated value
of $250,000 or more; and
``(B) submit written notification of the award of the
covered military construction contract, and of any
subcontract awarded under the covered military construction
contract, to the relevant agency of a covered State that
enforces workers' compensation or minimum wage laws in such
covered State.
``(2) Notice.--Upon award of a covered military
construction contract with an estimated value greater than or
equal to $2,000,000, the Secretary concerned shall notify any
applicable Member of Congress representing the covered State
in which that covered military construction contract is to be
performed of such award in a timely manner.
``(3) Federal procurement data system.--The Secretary of
Defense shall ensure that there is a clear and unique
indication of any covered military construction contract with
subcontracting work of an estimated value of $250,000 or more
in the Federal Procurement Data System established pursuant
to section 1122(a)(4) of title 41 (or any successor system).
``(b) Use of Local Firms and Individuals.--
``(1) In general.--To the extent practicable, in awarding a
covered military construction contract, the Secretary
concerned shall give preference to those firms and
individuals residing or doing business primarily in the same
State as, or within a 60-mile radius of, the location of the
work to be performed pursuant to the contract.
``(2) Justification required.--The Secretary concerned
shall prepare a written justification, and make such
justification available on the Internet site required under
section 2851 of this title, for the award of any covered
military construction contract to a firm or individual that
is not described under paragraph (1).
``(c) Licensing.--A contractor and any subcontractors
performing a covered military construction contract shall be
licensed to perform the work under such contract in the State
in which the work will be performed.
``(d) Monthly Report.--Not later than 10 days after the end
of each month, the Secretary of Defense shall submit to the
congressional defense committees a report identifying for
that month the following:
``(1) Each covered military construction contract and each
subcontract of a covered military construction contract
described in subsection (a)(1)(A) awarded during that month.
``(2) The location of the work to be performed pursuant to
each covered military construction contract and subcontract
identified pursuant to paragraph (1).
``(3) The prime contractor and any subcontractor performing
each covered military construction contract and subcontract
identified pursuant to paragraph (1).
``(4) The estimated value of each covered military
construction contract and subcontract identified pursuant to
paragraph (1).
``(e) Exclusion of Classified Projects.--This section does
not apply to a classified covered military construction
project.
``(f) Definitions.--In this section:
``(1) Covered military construction contract.--The term
`covered military construction contract' means a contract for
work on a military construction project, military family
housing project, or Facilities Sustainment, Restoration, and
Modernization (FSRM) project carried out in a covered State.
``(2) Covered state.--The term `covered State' means any of
the several States, the District of Columbia, the
Commonwealth of Puerto Rico, Guam, American Samoa, the United
States
[[Page H3179]]
Virgin Islands, or the Commonwealth of the Northern Mariana
Islands.
``(3) Member of congress.--The term `Member of Congress'
has the meaning given the term in section 2106 of title 5.''.
(2) Clerical amendment.--The table of sections at the
beginning of subchapter III of chapter 169 of title 10,
United States Code, is amended by inserting after the item
relating to section 2851 the following new item:
``2851a. Requirements relating to the award of covered military
construction contracts.''.
(3) Applicability.--Section 2851a of title 10, United
States Code, as added by paragraph (1), shall apply with
respect to a covered military construction contract, as
defined in such section, entered into on or after the date of
the enactment of this Act.
(c) Small Business Credit for Local Businesses.--Section 15
of the Small Business Act (15 U.S.C. 644) is amended by
adding at the end the following new subsection--
``(y) Small Business Credit for Local Businesses.--
``(1) Credit for meeting subcontracting goals.--If a prime
contractor awards a subcontract (at any tier) to a small
business concern that has its principal office located in the
same State as, or within a 60-mile radius of, the location of
the work to be performed pursuant to the contract of the
prime contractor, the value of the subcontract shall be
doubled for purposes of determining compliance with the goals
for procurement contracts under subsection (g)(1)(A) during
such period.
``(2) Report.--Along with the report required under
subsection (h)(1), the head of each Federal agency shall
submit to the Administrator, and make publicly available on
the scorecard described in section 868(b) of the National
Defense Authorization Act for Fiscal Year 2016 (Public Law
114-92; 129 Stat. 933; 15 U.S.C. 644 note), an analysis of
the number and dollar amount of subcontracts awarded pursuant
to paragraph (1) for each fiscal year of the period described
in such paragraph.''.
SEC. 842. AMENDMENTS TO SUBMISSIONS TO CONGRESS RELATING TO
CERTAIN FOREIGN MILITARY SALES.
Section 887(b) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 22 U.S.C. 2761 note)
is amended--
(1) by striking ``the Secretary shall'' each place it
appears and inserting ``the Secretary, in consultation with
the Secretary of State, shall'';
(2) in paragraph (1)--
(A) by striking ``December 31, 2021'' and inserting
``December 31, 2024''; and
(B) by striking ``with a value'' and all that follows
through the ``subsection (a)''; and
(3) in paragraph (2), by striking ``December 31, 2021'' and
inserting ``December 31, 2024''.
SEC. 843. REVISIONS TO REQUIREMENT TO USE FIRM FIXED-PRICE
CONTRACTS FOR FOREIGN MILITARY SALES.
(a) In General.--Section 830 of the National Defense
Authorization Act for Fiscal Year 2017 (22 U.S.C. 2762 note)
is amended--
(1) in subsection (a), by inserting ``and subject to
subsection (e)'' after ``enactment of this Act''; and
(2) by adding at the end the following new subsection:
``(e) Applicability.--The regulations prescribed pursuant
to subsection (a) shall not apply to a foreign military sale
for which the foreign country that is the counterparty to
such foreign military sale has requested a modification to
the defense service or defense article that is the subject of
such foreign military sale that would require significant
development work.''; and
(3) in subsection (c), by adding at the end the following
new sentence: ``The Secretary may not delegate the authority
to exercise such a waiver below the level of the service
acquisition executive (as defined in section 101(a)(10) of
title 10, United States Code).''.
(b) Implementation.--The Secretary of Defense shall--
(1) not later than 120 days after the date of the enactment
of this Act, issue guidance to carry out the amendments made
by this section; and
(2) not later than February 1, 2021, revise the Department
of Defense Supplement to the Federal Acquisition Regulation
to carry out the amendments made by this section.
SEC. 844. SMALL BUSINESS INDUSTRIAL BASE RESILIENCY PROGRAM.
(a) Establishment.--The Assistant Secretary of Defense for
Industrial Base Policy (established under section 902 of this
Act) shall establish a program to be known as the ``Small
Business Industrial Base Resiliency Program'' under which the
Assistant Secretary shall enter into transactions to purchase
or to make a commitment to purchase goods or services from
small business concerns as described in subsection (b) to
respond to the COVID-19 pandemic.
(b) Uses of Transactions.--A transaction entered into
pursuant to the authority under this section shall--
(1) support the monitoring and assessment of small business
concerns that enter into such a transaction;
(2) address critical issues in the industrial base relating
to urgent operational needs in response to the COVID-19
pandemic;
(3) support efforts to create, maintain, protect, expand,
or restore the industrial base in response to the COVID-19
pandemic; and
(4) as applicable, address supply chain vulnerabilities
related to the COVID-19 pandemic for small business concerns
that enter into such a transaction.
(c) Duration.--The term of a transaction entered into
pursuant to the authority under this section shall be two
years.
(d) Liabilities.--With respect to any transaction entered
into pursuant to the authority under this section on or after
the date of enactment of this Act, if such transaction
imposes any contingent liability upon the United States, such
liability shall be recorded as an obligation against amounts
made available from the Research and Development, Defense-
Wide, Pandemic Preparedness and Resilience National Security
Fund under section 1003 in an amount equal to the maximum
amount of the contingency at the time such transaction is
entered into.
(e) Report.--Not later than March 1, 2021, the Assistant
Secretary of Defense for Industrial Base Policy shall submit
to the appropriate committees a report that includes the
following:
(1) A description of any guidance or policy issued to carry
out this section.
(2) A description of any relevant assessments prepared to
address critical issues in the industrial base relating to
urgent operational needs related to the COVID-19 pandemic.
(3) A description of any transaction entered into pursuant
to the authority under this section, and the impact such
transaction has had on the response of the Department of
Defense to the COVID-19 pandemic.
(4) A prioritized list of gaps or vulnerabilities in the
transactions of the industrial base in which small business
concerns participate that are related the COVID-19 pandemic,
including--
(A) a description of mitigation strategies necessary to
address such gaps or vulnerabilities;
(B) the identification of the Secretary concerned or the
head of the Defense Agency responsible for addressing such
gaps or vulnerabilities; and
(C) a proposed timeline for action to address such gaps or
vulnerabilities.
(5) Identification of each transaction designed to sustain
specific essential technological and industrial capabilities
and processes of the industrial base in which small business
concerns participate that are related to the COVID-19
pandemic.
(6) Any other steps necessary to foster and safeguard the
industrial base in which small business concerns participate
due to the impact of the COVID-19 pandemic.
(f) Funding.--The Assistant Secretary of Defense for
Industrial Base Policy shall use amounts authorized to be
appropriated for Research and Development, Defense-Wide,
Pandemic Preparedness and Resilience National Security Fund
under section 1003 to carry out the requirements of this
section.
(g) Definitions.--In this Act:
(1) Appropriate committees.--The term ``covered
committees'' means--
(A) the Committees on Armed Services of the Senate and the
House of Representatives; and
(B) the Committee on Small Business and Entrepreneurship of
the Senate and the Committee on Small Business of the House
of Representatives.
(2) COVID-19 pandemic.--The term ``COVID-19 pandemic''
means the national emergency declared by the President under
the National Emergencies Act (50 U.S.C. 1601 et seq.).
(3) Defense agency.--The term ``Defense Agency'' has the
meaning given in section 101 of title 10, United States Code.
(4) Secretary concerned.--The term ``Secretary concerned''
has the meaning given in section 101 of title 10, United
States Code.
(5) Small business concern.--The term ``small business
concern'' has the meaning given under section 3 of the Small
Business Act (15 U.S.C. 632)).
SEC. 845. REQUIREMENTS RELATING TO REPORTS AND LIMITATIONS ON
THE AVAILABILITY OF FUNDS.
(a) Limitation on the Availability of Funds Relating to the
Defense Civilian Training Corps Program.--
(1) Initial plan and schedule.--Beginning on October 1,
2020, if the Secretary of Defense has not submitted the plan
and schedule to implement the Defense Civilian Training Corps
program required under section 860(b)(1) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 133 Stat. 1514; 10 U.S.C. 2200g note), not more than
25 percent of the funds specified in paragraph (3) may be
obligated or expended until the date on which such plan and
schedule has been submitted.
(2) Expansion plan and schedule.--Beginning on January 1,
2021, if the Secretary of Defense has not submitted the
expansion plan and schedule relating to the Defense Civilian
Training Corps program required under section 860(b)(2) of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1514; 10 U.S.C. 2200g note),
not more than 50 percent of the funds specified in paragraph
(3) may be obligated or expended until the date on which such
expansion plan and schedule has been submitted.
(3) Funds specified.--The funds specified in this paragraph
are the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2021 for the
Department of Defense for the following:
(A) The immediate office of the Secretary of Defense.
(B) The Office of the Under Secretary of Defense for
Personnel and Readiness.
(C) The Office of the Under Secretary of Defense for
Research and Engineering.
(D) The Office of the Under Secretary of Defense for
Acquisition and Sustainment.
(b) Report and Limitation on the Availability of Funds
Relating to the Extramural Acquisition Innovation and
Research Activities.--
(1) Report.--Not later than October 1, 2020, the Under
Secretary of Defense for Acquisition and Sustainment shall
submit to the congressional defense committees a report--
(A) on the establishment of the extramural acquisition
innovation and research activities required under section
2361a of title 10, United States Code (as added by section
835(a)(1) of the
[[Page H3180]]
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1494)); and
(B) that includes the name of the Director appointed under
section 2361a(c) of such title (as added by section 835(a)(1)
of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 133 Stat. 1494)).
(2) Limitation.--
(A) In general.--Beginning on October 1, 2020, if the Under
Secretary of Defense for Acquisition and Sustainment has not
submitted the report required under paragraph (1), not more
than 25 percent of the funds specified in subparagraph (B)
may be obligated or expended until the date on which such
report has been submitted.
(B) Funds specified.--The funds specified in this
subparagraph are the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2021 for
the Department of Defense for the following:
(i) The immediate office of the Secretary of Defense.
(ii) The Office of the Under Secretary of Defense for
Research and Engineering.
(iii) The Office of the Under Secretary of Defense for
Acquisition and Sustainment.
(c) Report and Limitation on the Availability of Funds
Relating to the Eliminating the Gaps and Vulnerabilities in
the National Technology and Industrial Base.--
(1) Report.--Not later than October 1, 2020, the Secretary
of Defense shall submit to the congressional defense
committees the national security strategy for national
technology and industrial base required by section 2501(a) of
title 10, United States Code.
(2) Limitation.--
(A) In general.--Beginning on October 1, 2020, if the
Secretary of Defense has not submitted the report required
under paragraph (1), not more than 25 percent of the funds
specified in subparagraph (B) may be obligated or expended
until the date on which such report has been submitted.
(B) Funds specified.--The funds specified in this
subparagraph are the funds authorized to be appropriated by
this Act or otherwise made available for fiscal year 2021 for
the Department of Defense for the following:
(i) The immediate office of the Secretary of Defense.
(ii) The Office of the Under Secretary of Defense for
Acquisition and Sustainment.
SEC. 846. ASSESSMENT OF THE REQUIREMENTS PROCESSES OF THE
MILITARY DEPARTMENTS.
(a) Assessment.--The Secretary of the military department
concerned shall assess the requirements process of the
military department and make recommendations to improve the
agility and timeliness of such requirements process for
acquisition programs of the military department.
(b) Report.--
(1) In general.--Not later than March 31, 2021, each
Secretary of a military department shall submit to the
congressional defense committees a report on the assessment
conducted pursuant to subsection (a) and specific plans to
update the requirements processes of the military department
concerned based on such assessment.
(2) Elements.--Each report shall include an analysis of and
recommended improvements for the following elements:
(A) If appropriate, information from the report required in
section 800(f) of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92).
(B) The alignment of the requirements processes,
acquisition system, and budget process of the military
department concerned.
(C) The requirements process for each acquisition pathway
of the adaptive acquisition framework (as described in
Department of Defense Instruction 5000.02, ``Operation of the
Adaptive Acquisition Framework''), including the time it
takes to complete requirements development and approval
process for each pathway.
(D) For each acquisition pathway described in subparagraph
(C), the processes for and the extent to which detailed
systems engineering and requirements trade-off analyses are
done before the development of requirements begins for a
specific acquisition program to ensure that risks are
understood and accounted for and that both top-level and
derived requirements (development as well as reliability and
maintainability) are achievable within cost, schedule, and
technology constraints.
(E) Organizational roles and responsibilities of
individuals with responsibilities relating to the
requirements process for the military department concerned,
including the role, composition, and metrics used to assess
the effectiveness of any requirements oversight council of
the military department concerned.
(F) The composition and sufficiency of individuals who
develop requirements for the military department concerned,
including any acquisition workforce planning and personnel
shortfalls and resources needed to address any such
shortfalls.
(G) The ability of the requirements process to address the
urgent needs of the military department concerned.
(H) The capacity to review changes in requirements for
programs of record.
(I) The validation of decisions made from the requirements
process and the alignment of each such decision to the
national defense strategy required under section 113(g) of
title 10, United States Code.
(J) The use of portfolio management in the requirements
process to coordinate decisions and avoid any duplication of
requirements across acquisition programs.
(K) The implementation of recommendations on the process
from the Comptroller General of the United States by each
military department.
(L) Identification and comparison of best practices in the
private sector and the public sector for the requirements
development and approval process.
(M) Other recommendations to improve the process of
establishing requirements, including lessons learned from
responding to the COVID-19 pandemic.
(N) Any additional matters that the Secretaries determine
appropriate.
SEC. 847. REPORT ON TRANSFER AND CONSOLIDATION OF CERTAIN
DEFENSE ACQUISITION STATUTES.
Not later than February 21, 2021, the Secretary of Defense
shall submit to the congressional defense committees a report
containing a comprehensive legislative proposal for the
transfer and consolidation of statutes within the framework
for part V of subtitle A of title 10, United States Code (as
enacted by section 801 of the National Defense Authorization
Act for Fiscal Year 2019 (Public Law 115-232)), along with
conforming amendments to law required by such transfer and
consolidation. Such report shall include an assessment of the
effect of such transfer and consolidation on related
Department of Defense activities, guidance, and interagency
coordination.
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.
(a) Repeal of Position of Chief Management Officer.--
(1) In general.--Section 132a of title 10, United States
Code is repealed.
(2) Conforming amendments and repeals.--
(A) Paragraph (2) of section 131(b) of title 10, United
States Code, is repealed.
(B) The table of sections at the beginning of chapter 4 of
title 10, United States Code, is amended by striking the item
relating to section 132a.
(C) Section 910 of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1516) is
repealed.
(3) Effective date.--The amendments and repeals made by
paragraphs (1) and (2) shall take effect 30 days after the
date of the enactment of this Act.
(b) Implementation.--On the effective date of the
amendments and repeals under subsection (a)--
(1) any duties and responsibilities that remain assigned to
the Chief Management Officer of the Department of Defense
shall be transferred to a single official selected by the
Secretary of Defense, except that such official may not be an
individual who served as the Chief Management Officer before
such effective date;
(2) the personnel, functions, and assets of the Office of
the Chief Management Officer shall be transferred to such
other organizations and elements of the Department as the
Secretary determines appropriate; and
(3) any reference in Federal law, regulations, guidance,
instructions, or other documents of the Federal Government to
the Chief Management Officer of the Department of Defense
shall be deemed to be a reference to the official selected by
the Secretary under paragraph (1)).
(c) Legislative Proposal.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees
a report that includes a comprehensive legislative proposal
for additional conforming amendments to law required by the
amendments and repeals made by this section.
SEC. 902. ASSISTANT SECRETARY OF DEFENSE FOR INDUSTRIAL BASE
POLICY.
(a) In General.--
(1) Assistant secretaries of defense.--Section 138 of title
10, United States Code, is amended--
(A) in subsection (a)(1), by striking ``13'' and inserting
``14''; and
(B) in subsection (b), by adding at the end the following
new paragraph:
``(6) One of the Assistant Secretaries is the Assistant
Secretary of Defense for Industrial Base Policy. In addition
to any duties and powers prescribed under paragraph (1), the
Assistant Secretary of Defense for Industrial Base Policy
shall have the duties described in section 139c of this
title.''.
(2) Assistant secretary of defense for industrial base
policy.--Chapter 4 of subtitle A of title 10, United States
Code, is amended by inserting after section 139b the
following new section:
``Sec. 139c. Assistant Secretary of Defense for Industrial
Base Policy
``(a) In General.--The Assistant Secretary of Defense for
Industrial Base Policy shall report to the Under Secretary of
Defense for Acquisition and Sustainment.
``(b) Responsibilities.--The Assistant Secretary of Defense
for Industrial Base Policy shall be the head of the Office of
Defense Industrial Base Policy and shall serve as the
principal advisor to the Under Secretary of Defense for
Acquisition and Sustainment in the performance of the Under
Secretary's duties relating to the following:
``(1) Providing input to strategy reviews on matters
related to--
``(A) the defense industrial base; and
``(B) materials critical to national security (as defined
in section 187(e)(1) of this title).
``(2) Establishing policies of the Department of Defense
for developing and maintaining the defense industrial base of
the United States and ensuring a secure supply of materials
critical to national security.
``(3) Providing recommendations on budget matters
pertaining to the defense industrial base, the supply chain,
and the development
[[Page H3181]]
and retention of skills necessary to support the defense
industrial base.
``(4) Providing recommendations and acquisition policy
guidance on defense supply chain management and supply chain
vulnerability throughout the entire defense supply chain,
from suppliers of raw materials to producers of major end
items.
``(5) Establishing the national security objectives
concerning the national technology and industrial base
required under section 2501 of this title.
``(6) Executing the national defense program for analysis
of the national technology and industrial base required under
section 2503 of this title.
``(7) Performing the national technology and industrial
base periodic defense capability assessments required under
section 2505 of this title.
``(8) Establishing the technology and industrial base
policy guidance required under section 2506 of this title.
``(9) Providing policy and oversight of matters related to
materials critical to national security to ensure a secure
supply of such materials to the Department of Defense.
``(10) Carrying out the activities of the Department of
Defense relating to the Defense Production Act Committee
established under section 722 of the Defense Production Act
of 1950 (50 U.S.C. App. 2171).
``(11) Consistent with section 2(b) of the Defense
Production Act of 1950 (50 U.S.C. App. 2062(b)), executing
other applicable authorities provided under the Defense
Production Act of 1950 (50 U.S.C. App. 2061 et seq.),
including authorities under titles I and III of such Act.
``(12) Establishing Department of Defense policies related
to international defense technology security and export
control issues.
``(13) Establishing policies related to industrial
independent research and development programs under section
2372 of this title.
``(14) Coordinating with the Director of Small Business
Programs on all matters related to industrial base policy of
the Department of Defense.
``(15) Ensuring reliable sources of materials critical to
national security, such as specialty metals, armor plate, and
rare earth elements.
``(16) Establishing policies of the Department of Defense
for continued reliable resource availability from secure
sources for the defense industrial base of the United States.
``(17) Establishing policies related to a procurement
technical assistance program funded under this chapter 142 of
this title.
``(18) Such other duties as are assigned by the Under
Secretary.
``(c) Rules of Construction Relating to Defense Production
Act.--Nothing in this section shall be construed to modify
the authorities or responsibilities of any officer or
employee of the United States under the Defense Production
Act of 1950 (50 U.S.C. 4501 et seq.), including those
authorities and responsibilities specified in Department of
Defense Directive 4400.01E (or any successor directive). In
addition, nothing in subsection (b)(9) shall be construed to
limit the authority or modify the policies of the Committee
on Foreign Investment in the United States established under
section 721(k) of such Act (50 U.S.C. 4565(k)).''.
(3) Clerical amendment.--The table of contents for chapter
4 of subtitle A of title 10, United States Code, is amended
by inserting after the item relating to section 139b the
following new item:
``139c. Assistant Secretary of Defense for Industrial Base Policy.''.
(b) Continuation of Service.--The Deputy Assistant
Secretary of Defense for Industrial Policy shall be the
individual serving as the Assistant Secretary of Defense for
Industrial Base Policy (as established under section 139c(a)
of title 10, United States Code, as added by subsection (a))
until the President has appointed an individual to serve as
Assistant Secretary of Defense for Industrial Base Policy
pursuant to section 138 of title 10, United States Code.
(c) Transfer of Office of Industrial Policy to Office of
Defense Industrial Base Policy.--
(1) Transfer of functions.--Not later than 180 days after
the date of the enactment of this Act, all functions that,
immediately before such date of enactment, were functions of
the Office of Industrial Policy of the Department of Defense
shall be transferred to the Office of Defense Industrial Base
Policy.
(2) Transfer of assets.--So much of the personnel,
property, records, and unexpended balances of appropriations,
allocations, and other funds employed, used, held, available,
or to be made available in connection with a function
transferred under paragraph (1) shall be available to the
Office of Defense Industrial Base Policy at such time or
times as the President directs for use in connection with the
functions transferred.
(3) Termination.--The Office of Industrial Policy of the
Department of Defense shall terminate on the earlier of--
(A) the effective date of the transfers under paragraph
(1); or
(B) 180 days after the date of the enactment of this Act.
Subtitle B--Other Department of Defense Organization and Management
Matters
SEC. 911. LIMITATION ON REDUCTION OF CIVILIAN WORKFORCE.
Section 129a(b) of title 10, United States Code, is amended
by adding at the end the following: ``The Secretary may not
reduce the civilian workforce programmed full-time equivalent
levels unless the Secretary conducts an appropriate analysis
of the impacts of such reductions on workload, military force
structure, lethality, readiness, operational effectiveness,
stress on the military force, and fully burdened costs.''
SEC. 912. CHIEF DIVERSITY OFFICERS.
(a) Department of Defense.--
(1) In general.--Chapter 4 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 146. Chief Diversity Officer
``(a) Chief Diversity Officer.--(1) There is a Chief
Diversity Officer of the Department of Defense, appointed
from civilian life by the President, by and with the advice
and consent of the Senate.
``(2) The Chief Diversity Officer shall be appointed from
among persons who have an extensive management or business
background and experience with diversity and inclusion. A
person may not be appointed as Chief Diversity Officer within
seven years after relief from active duty as a commissioned
officer of a regular component of an armed force.
``(b) Powers and Duties.--The Chief Diversity Officer--
``(1) is responsible for policy, oversight, guidance, and
coordination for all matters of the Department of
Defenserelated to diversity and inclusion;
``(2) exercises authority to direct the Secretaries of the
military departments and the heads of all other elements of
the Department with regard to matters for which the Chief
Diversity Officer has responsibility under this section;
``(3) exercises authority, direction, and control over the
Office of People Analytics, or any successor organization;
``(4) shall establish and maintain a Department of Defense
strategic plan that publicly states a diversity definition,
vision, and goals for the Department of Defense;
``(5) shall define a set of strategic metrics that are
directly linked to key organizational priorities and goals,
actionable, and actively used to implement the strategic
plan;
``(6) shall establish training in diversity dynamics and
training in practices for leading diverse groups effectively;
``(7) shall establish and maintain a strategic plan for
outreach to, and recruiting from, untapped locations and
underrepresented demographic groups;
``(8) shall conduct regular, rigorous evaluations and
assessments of diversity within the Department of Defense;
and
``(9) shall perform such additional duties and exercise
such powers as the Secretary of Defense may prescribe.
``(c) Precedence in the Department of Defense.--(1) The
Chief Diversity Officer shall report directly to the
Secretary of Defense in the performance of duties under this
section.
``(2) The Chief Diversity Officer takes precedence in the
Department of Defense after the Chief Management Officer.''.
(2) Technical and conforming amendments.--
(A) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``146. Chief Diversity Officer.''.
(B) Section 136(b) of such title is amended by inserting
``the Chief Diversity Officer and'' after ``control of the
Secretary of Defense,''.
(b) Department of the Army.--
(1) In general.--Chapter 703 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 7025. Chief Diversity Officer
``(a) Chief Diversity Officer.--(1) There is a Chief
Diversity Officer of the Department of the Army, appointed
from civilian life by the President, by and with the advice
and consent of the Senate.
``(2) The Chief Diversity Officer shall be appointed from
among persons who have an extensive management or business
background and experience with diversity and inclusion.
``(b) Powers and Duties.--The Chief Diversity Officer--
``(1) is responsible for policy, oversight, guidance, and
coordination for all matters of the Department of the Army
related to diversity and inclusion;
``(2) exercises authority to direct the heads of all other
elements of the Department with regard to matters for which
the Chief Diversity Officer has responsibility under this
section;
``(3) shall establish training in diversity dynamics and
training in practices for leading diverse groups effectively;
``(4) shall conduct regular, rigorous evaluations and
assessments of diversity within the Department of the Army;
and
``(5) shall perform such additional duties and exercise
such powers as the Secretary of the Army may prescribe.''.
(2) Technical and conforming amendments.--
(A) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``7025. Chief Diversity Officer.''.
(B) Section 7014(b) of such title is amended by--
(i) by redesignating paragraphs (2) through (8) as
paragraphs (3) through (9), respectively; and
(ii) by inserting after paragraph (1), the following new
paragraph (2):
``(2) The Chief Diversity Officer.''.
(C) Section 7014(c)(1) of such title is amended by adding
at the end the following new subparagraph (H):
``(H) Diversity and inclusion.''.
(c) Department of the Navy.--
(1) In general.--Chapter 803 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 8029. Chief Diversity Officer
``(a) Chief Diversity Officer.--(1) There is a Chief
Diversity Officer of the Department of the Navy, appointed
from civilian life by the President, by and with the advice
and consent of the Senate.
[[Page H3182]]
``(2) The Chief Diversity Officer shall be appointed from
among persons who have an extensive management or business
background and experience with diversity and inclusion.
``(b) Powers and Duties.--The Chief Diversity Officer--
``(1) is responsible for policy, oversight, guidance, and
coordination for all matters of the Department of the Navy
related to diversity and inclusion;
``(2) exercises authority to direct the heads of all other
elements of the Department with regard to matters for which
the Chief Diversity Officer has responsibility under this
section;
``(3) shall establish training in diversity dynamics and
training in practices for leading diverse groups effectively;
``(4) shall conduct regular, rigorous evaluations and
assessments of diversity within the Department of the Navy;
and
``(5) shall perform such additional duties and exercise
such powers as the Secretary of the Navy may prescribe.''.
(2) Technical and conforming amendments.--
(A) The table of sections at the beginning of chapter 803
of title 10, United States Code, is amended by adding at the
end the following new item:
``8029. Chief Diversity Officer.''.
(B) Section 8014(b) of such title is amended by--
(i) by redesignating paragraphs (2) through (8) as
paragraphs (3) through (9), respectively; and
(ii) by inserting after paragraph (1), the following new
paragraph (2):
``(2) The Chief Diversity Officer.''.
(C) Section 8014(c)(1) of such title is amended by adding
at the end the following new subparagraph (H):
``(H) Diversity and inclusion.''.
(d) Department of the Air Force.--
(1) In general.--Chapter 903 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 9025. Chief Diversity Officer
``(a) Chief Diversity Officer.--(1) There is a Chief
Diversity Officer of the Department of the Air Force,
appointed from civilian life by the President, by and with
the advice and consent of the Senate.
``(2) The Chief Diversity Officer shall be appointed from
among persons who have an extensive management or business
background and experience with diversity and inclusion.
``(b) Powers and Duties.--The Chief Diversity Officer--
``(1) is responsible for policy, oversight, guidance, and
coordination for all matters of the Department of the Air
Forcerelated to diversity and inclusion;
``(2) exercises authority to direct the heads of all other
elements of the Department with regard to matters for which
the Chief Diversity Officer has responsibility under this
section;
``(3) shall establish training in diversity dynamics and
training in practices for leading diverse groups effectively;
``(4) shall conduct regular, rigorous evaluations and
assessments of diversity within the Department of the Air
Force; and
``(5) shall perform such additional duties and exercise
such powers as the Secretary of the Air Force may
prescribe.''.
(2) Technical and conforming amendments.--
(A) The table of sections at the beginning of such chapter
is amended by adding at the end the following new item:
``9025. Chief Diversity Officer.''.
(B) Section 9014(b) of such title is amended by--
(i) by redesignating paragraphs (2) through (8) as
paragraphs (3) through (9), respectively; and
(ii) by inserting after paragraph (1), the following new
paragraph (2):
``(2) The Chief Diversity Officer.''.
(C) Section 9014(c)(1) of such title is amended by adding
at the end the following new subparagraph (H):
``(H) Diversity and inclusion.''.
(e) Coast Guard.--
(1) In general.--Chapter 3 of title 14, United States Code,
is amended by adding at the end the following new section:
``Sec. 321. Chief Diversity Officer
``(a) Establishment.--(1) There is a Chief Diversity
Officer of the Coast Guard, appointed from civilian life by
the President, by and with the advice and consent of the
Senate.
``(2) The Chief Diversity Officer shall be appointed from
among persons who have an extensive management or business
background and experience with diversity and inclusion.
``(b) Powers and Duties.--The Chief Diversity Officer--
``(1) is responsible for policy, oversight, guidance, and
coordination for all matters of the Coast Guard related to
diversity and inclusion;
``(2) exercises authority to direct the heads of all other
elements of the Coast Guard with regard to matters for which
the Chief Diversity Officer has responsibility under this
section;
``(3) shall establish training in diversity dynamics and
training in practices for leading diverse groups effectively;
``(4) shall conduct regular, rigorous evaluations and
assessments of diversity within the Coast Guard; and
``(5) shall perform such additional duties and exercise
such powers as the Commandant may prescribe.
``(c) Precedence.--The Chief Diversity Officer shall report
directly to the Commandant in the performance of duties under
this section.''.
(2) Technical and conforming amendments.--The table of
sections at the beginning of such chapter is amended by
adding at the end the following new item:
``321. Chief Diversity Officer.''.
(f) Effective Date.--The amendments made by this section
shall take effect on February 1, 2021.
SEC. 913. ESTABLISHMENT OF DEPUTY ASSISTANT SECRETARIES FOR
SUSTAINMENT.
(a) Department of the Army.--
(1) In general.--Chapter 703 of title 10, United States
Code, as amended by section 912(b) of this Act, is further
amended by adding at the end the following new section:
``Sec. 7026. Deputy Assistant Secretary of the Army for
Sustainment
``(a) Appointment.--There is a Deputy Assistant Secretary
of the Army for Sustainment, who shall be appointed by the
Secretary of the Army.
``(b) Responsibilities.--The Deputy Assistant Secretary of
the Army for Sustainment shall have the following
responsibilities with respect to major weapon systems
acquired for the Department of the Army:
``(1) Reviewing and providing oversight of the sustainment
baseline cost estimates required by section 2366d of this
title.
``(2) Participating in any review of a life-cycle
sustainment plan conducted pursuant to section 2366d of this
title.
``(3) Ensuring that cost modeling, performance metrics, and
data analytics are used--
``(A) to inform and update life-cycle sustainment plans;
``(B) to develop, with respect to the major weapon system
to which such plan relates, the budget of the President for
the fiscal year as submitted to Congress pursuant to section
1105 of title 31; and
``(C) to inform the Secretary of the Army when assumptions
made in the development of a sustainment baseline cost
estimate are no longer valid or when new opportunities arise
to reduce costs or improve efficiency.
``(4) Making recommendations to the senior acquisition
executive of the Army regarding the most cost-effective
sustainment strategy to incorporate into each life-cycle
sustainment plan.
``(5) Balancing the range of sustainment activities for
each major weapon system to achieve the optimal balance of
affordability, viable military depots and shipyards, and
contracted product support arrangements.
``(6) Advise the Secretary of the Army regarding the
overall alignment of the sustainment activities, the
operations of the sustainment supply chain, and strategic
readiness.
``(c) Definitions.--The terms `life-cycle sustainment
plan', `major weapon system' , and `sustainment baseline cost
estimate' have the meanings given in section 2366d of this
title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 703 of title 10, United States Code, is
amended by adding at the end the following new item:
``7026. Deputy Assistant Secretary of the Army for Sustainment.''.
(b) Department of the Navy.--
(1) In general.--Chapter 803 of title 10, United States
Code, as amended by section 912(c) of this Act, is further
amended by adding at the end the following new section:
``Sec. 8029a. Deputy Assistant Secretary of the Navy for
Sustainment
``(a) Appointment.--There is a Deputy Assistant Secretary
of the Navy for Sustainment, who shall be appointed by the
Secretary of the Navy.
``(b) Responsibilities.--The Deputy Assistant Secretary of
the Navy for Sustainment shall have the following
responsibilities with respect to major weapon systems
acquired for the Department of the Navy:
``(1) Reviewing and providing oversight of the sustainment
baseline cost estimates required by section 2366d of this
title.
``(2) Participating in any review of a life-cycle
sustainment plan conducted pursuant to section 2366d of this
title.
``(3) Ensuring that cost modeling, performance metrics, and
data analytics are used--
``(A) to inform and update life-cycle sustainment plans;
``(B) to develop, with respect to the major weapon system
to which such plan relates, the budget of the President for
the fiscal year as submitted to Congress pursuant to section
1105 of title 31; and
``(C) to inform the Secretary of the Navy when assumptions
made in the development of a sustainment baseline cost
estimate are no longer valid or when new opportunities arise
to reduce costs or improve efficiency.
``(4) Making recommendations to the senior acquisition
executive of the Navy regarding the most cost-effective
sustainment strategy to incorporate into each life-cycle
sustainment plan.
``(5) Balancing the range of sustainment activities for
each major weapon system to achieve the optimal balance of
affordability, viable military depots and shipyards, and
contracted product support arrangements.
``(6) Advise the Secretary of the Navy regarding the
overall alignment of the sustainment activities, the
operations of the sustainment supply chain, and strategic
readiness.
``(c) Definitions.--The terms `life-cycle sustainment
plan', `major weapon system' , and `sustainment baseline cost
estimate' have the meanings given in section 2366d of this
title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 803 of title 10, United States Code, is
amended by adding at the end the following new item:
``8029a. Deputy Assistant Secretary of the Navy for Sustainment.''.
(c) Department of the Air Force.--
(1) In general.--Chapter 903 of title 10, United States
Code, as amended by section 912(d) of this Act, is further
amended by adding at the end the following new section:
``Sec. 9026. Deputy Assistant Secretary of the Air Force for
Sustainment
``(a) Appointment.--There is a Deputy Assistant Secretary
of the Air Force for Sustainment,
[[Page H3183]]
who shall be appointed by the Secretary of the Air Force.
``(b) Responsibilities.--The Deputy Assistant Secretary of
the Air Force for Sustainment shall have the following
responsibilities with respect to major weapon systems
acquired for the Department of the Air Force:
``(1) Reviewing and providing oversight of the sustainment
baseline cost estimates required by section 2366d of this
title.
``(2) Participating in any review of a life-cycle
sustainment plan conducted pursuant to section 2366d of this
title.
``(3) Ensuring that cost modeling, performance metrics, and
data analytics are used--
``(A) to inform and update life-cycle sustainment plans;
``(B) to develop, with respect to the major weapon system
to which such plan relates, the budget of the President for
the fiscal year as submitted to Congress pursuant to section
1105 of title 31; and
``(C) to inform the Secretary of the Air Force when
assumptions made in the development of a sustainment baseline
cost estimate are no longer valid or when new opportunities
arise to reduce costs or improve efficiency.
``(4) Making recommendations to the senior acquisition
executive of the Air Force regarding the most cost-effective
sustainment strategy to incorporate into each life-cycle
sustainment plan.
``(5) Balancing the range of sustainment activities for
each major weapon system to achieve the optimal balance of
affordability, viable military depots and shipyards, and
contracted product support arrangements.
``(6) Advise the Secretary of the Air Force regarding the
overall alignment of the sustainment activities, the
operations of the sustainment supply chain, and strategic
readiness.
``(c) Definitions.--The terms `life-cycle sustainment
plan', `major weapon system', and `sustainment baseline cost
estimate' have the meanings given in section 2366d of this
title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 903 of title 10, United States Code, is
amended by adding at the end the following new item:
``9026. Deputy Assistant Secretary of the Air Force for Sustainment.''.
SEC. 914. OFFICE OF DEFENSE COMMUNITY COOPERATION AND
ECONOMIC ADJUSTMENT.
(a) Establishment.--
(1) In general.--Chapter 141 of title 10, United States
Code, is amended by inserting after section 2391 the
following new section:
``Sec. 2391a. Office of Defense Community Cooperation and
Economic Adjustment
``(a) Establishment.--There is in the Office of the
Secretary of Defense an Office of Defense Community
Cooperation and Economic Adjustment (in this section referred
to as the `Office').
``(b) Head of Office.--There is a Director of the Office
who shall be the head of the Office. The Director shall be
appointed by the Secretary of Defense.
``(c) Duties.--The Office shall--
``(1) serve as the office in the Department of Defense with
primary responsibility for--
``(A) providing assistance to States, counties,
municipalities, regions, and other communities to foster
cooperation with military installations to enhance the
military mission, achieve facility and infrastructure savings
and reduced operating costs, address encroachment and
compatible land use issues, support military families, and
increase military, civilian, and industrial readiness and
resiliency; and
``(B) providing adjustment and diversification assistance
to State and local governments under section 2391(b) to
achieve the objectives described in subparagraph (A);
``(2) coordinate the provision of such assistance with
other organizations and elements of the Department;
``(3) provide support to the Economic Adjustment Committee
established under Executive Order 12788 (57 Fed. Reg. 2213;
10 U.S.C. 2391 note) or any successor to such Committee; and
``(4) carry out such other activities as the Secretary of
Defense determines appropriate.''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2391 the following new item:
``2391a. Office of Defense Community Cooperation and Economic
Adjustment.''.
(b) Transfers.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
transfer the functions, personnel, and assets of the Office
of Economic Adjustment of the Department of Defense to the
Office of Defense Community Cooperation and Economic
Adjustment established under section 2391a of title 10,
United States Code (as added by subsection (a)).
(c) Administration of Certain Programs.--Beginning on the
effective date of the transfers under subsection (b), any
program, project, or other activity administered by the
Office of Economic Adjustment of the Department of Defense as
of the date of the enactment of this Act shall be
administered by the Office of Defense Community Cooperation
and Economic Adjustment established under section 2391a of
title 10, United States Code (as added by subsection (a)).
SEC. 915. INPUT FROM CHIEF OF NATIONAL GUARD BUREAU TO THE
JOINT REQUIREMENTS OVERSIGHT COUNCIL.
Section 181(d) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(4) Input from chief of national guard bureau.--The
Council shall seek, and strongly consider, the views of the
Chief of National Guard Bureau regarding non-Federalized
National Guard capabilities in support of homeland defense
and civil support missions.''.
SEC. 916. REDESIGNATION OF THE JOINT FORCES STAFF COLLEGE.
(a) In General.--Title 10, United States Code, is amended
by striking ``Joint Forces Staff College'' each place it
appears and inserting ``Joint Forces War College''.
(b) References.--Any reference in Federal law, regulations,
guidance, instructions, or other documents of the Federal
Government to the Joint Forces Staff College shall be deemed
to be a reference to the Joint Forces War College.
Subtitle C--Space Matters
SEC. 921. ASSISTANT SECRETARY OF DEFENSE FOR SPACE AND
STRATEGIC DETERRENCE POLICY.
(a) Assistant Secretaries of Defense.--Paragraph (5) of
section 138(b) of title 10, United States Code, is amended to
read as follows:
``(5) One of the Assistant Secretaries is the Assistant
Secretary of Defense for Space and Strategic Deterrence
Policy. The principal duty of the Assistant Secretary shall
be the overall supervision of policy of the Department of
Defense for space, nuclear deterrence, and missile
defense.''.
(b) Space Force Acquisition Council.--Section 9021(b)(3) of
title 10, United States Code, is amended by striking
``Assistant Secretary of Defense for Space Policy'' and
inserting ``Assistant Secretary of Defense for Space and
Strategic Deterrence Policy''.
(c) Elements of Office.--Section 955(b) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 133 Stat. 1565) is amended by striking ``Assistant
Secretary of Defense for Space Policy'' and inserting
``Assistant Secretary of Defense for Space and Strategic
Deterrence Policy''.
SEC. 922. OFFICE OF THE CHIEF OF SPACE OPERATIONS.
(a) In General.--Chapter 908 of title 10, United States
Code, is amended by striking section 9083 and inserting the
following new sections:
``Sec. 9083. Office of the Chief of Space Operations:
function; composition
``(a) Function.--There is in the executive part of the
Department of the Air Force an Office of the Chief of Space
Operations to assist the Secretary of the Air Force in
carrying out the responsibilities of the Secretary.
``(b) Composition.--The Office of the Chief of Space
Operations is composed of the following:
``(1) The Chief of Space Operations.
``(2) Other members of the Space Force and Air Force
assigned or detailed to the Office of the Chief of Space
Operations.
``(3) Civilian employees in the Department of the Air Force
assigned or detailed to the Office of the Chief of Space
Operations.
``(c) Organization.--Except as otherwise specifically
prescribed by law, the Office of the Chief of Space
Operations shall be organized in such manner, and the members
of the Office of the Chief of Space Operations shall perform
such duties and have such titles, as the Secretary of the Air
Force may prescribe.
``Sec. 9084. Office of the Chief of Space Operations: general
duties
``(a) Professional Assistance.--The Office of the Chief of
Space Operations shall furnish professional assistance to the
Secretary, the Under Secretary, and the Assistant Secretaries
of the Air Force and to the Chief of Space Operations.
``(b) Authorities.--Under the authority, direction, and
control of the Secretary of the Air Force, the Office of the
Chief of Space Operations shall--
``(1) subject to subsections (c) and (d) of section 9014 of
this title, prepare for such employment of the Space Force,
and for such recruiting, organizing, supplying, equipping
(including research and development), training, servicing,
mobilizing, demobilizing, administering, and maintaining of
the Space Force, as will assist in the execution of any
power, duty, or function of the Secretary of the Air Force or
the Chief of Space Operations;
``(2) investigate and report upon the efficiency of the
Space Force and its preparation to support military
operations by commanders of the combatant commands;
``(3) prepare detailed instructions for the execution of
approved plans and supervise the execution of those plans and
instructions;
``(4) as directed by the Secretary of the Air Force or the
Chief of Space Operations, coordinate the action of
organizations of the Space Force; and
``(5) perform such other duties, not otherwise assigned by
law, as may be prescribed by the Secretary of the Air
Force.''.
(b) Table of Sections Amendment.--The table of sections at
the beginning of chapter 908 of such title is amended by
striking the item related to section 9083 and adding at the
end the following new items:
``9083. Office of the Chief of Space Operations: function; composition
``9084. Office of the Chief of Space Operations: general duties''.
(c) Effective Date.--The amendments made by this section
shall take effect on the date on which the Secretary of the
Air Force and the Chief of Space Operations jointly submit to
the congressional defense committees a report detailing the
functions that the headquarters staff of the Department of
the Air Force will continue to perform in support of the
Space Force.
(d) No Authorization of Additional Military Billets.--The
Secretary shall establish the Office of the Chief of Space
Operations under section 9083 of title 10, United States
Code, as added by subsection (a), using military personnel
otherwise authorized. Nothing in this section or the
amendments made by this section shall be construed to
authorize additional military billets for the purposes of, or
in connection with, the establishment of the Office of the
Chief of Space Operations.
[[Page H3184]]
SEC. 923. SPACE FORCE MEDAL.
(a) Space Force Medal.--Chapter 937 of title 10, United
States Code, is amended by inserting after section 9280 the
following new section:
``Sec. 9280a. Space Force Medal: award; limitations
``(a) The President may award a decoration called the
`Space Force Medal', of appropriate design with accompanying
ribbon, to any person who, while serving in any capacity with
the Space Force, distinguishes himself or herself by heroism
not involving actual conflict with an enemy.
``(b) Not more than one Space Force Medal may be awarded to
a person. However, for each succeeding act that would
otherwise justify award of such a medal, the President may
award a suitable bar or other device to be worn as the
President directs.''.
(b) Table of Sections Amendment.--The table of sections at
the beginning of such chapter is amended by inserting after
the item relating to section 9280 the following new item:
``9280a. Space Force Medal: award; limitations.''.
SEC. 924. CLARIFICATION OF PROCUREMENT OF COMMERCIAL
SATELLITE COMMUNICATIONS SERVICES.
(a) In General.--Chapter 963 of title 10, United States
Code, is amended by inserting before section 9532 the
following new section:
``Sec. 9531. Procurement of commercial satellite
communications services
``The Chief of Space Operations shall be responsible for
the procurement of commercial satellite communications
services for the Department of Defense.''.
(b) Table of Sections Amendment.--The table of sections at
the beginning of chapter 963 of such title is amended by
inserting before the item relating to section 9532 the
following new item:
``9531. Procurement of commercial satellite communications services.''.
SEC. 925. TEMPORARY EXEMPTION FROM AUTHORIZED DAILY AVERAGE
OF MEMBERS IN PAY GRADES E-8 AND E-9.
Section 517 of title 10, United States Code, shall not
apply to the Space Force until October 1, 2023.
SEC. 926. ONE-TIME UNIFORM ALLOWANCE FOR MEMBERS TRANSFERRED
TO THE SPACE FORCE.
(a) In General.--The Secretary of the Air Force may provide
an officer or enlisted member who transfers from the Army,
Navy, Air Force, or Marine Corps to the Space Force an
allowance of not more than $400 as reimbursement for the
purchase of required uniforms and equipment.
(b) Relationship to Other Allowances.--The allowance under
this section is in addition to any allowance available under
any other provision of law.
(c) Source of Funds.--Funds for allowances provided under
subsection (a) in a fiscal year may be derived only from
amounts authorized to be appropriated for military personnel
for such fiscal year.
(d) Applicability.--The authority for an allowance under
this section shall apply with respect to any member of the
Army, Navy, Air Force, or Marine Corps who transfers to the
Space Force on or after December 20, 2019, and on or before
September 30, 2023.
TITLE X--GENERAL PROVISIONS
Subtitle A--Financial Matters
SEC. 1001. GENERAL TRANSFER AUTHORITY.
(a) Authority to Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this division for fiscal year 2021 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--Except as provided in paragraph (3), the
total amount of authorizations that the Secretary may
transfer under the authority of this section may not exceed
$4,000,000,000.
(3) Exception for transfers between military personnel
authorizations.--A transfer of funds between military
personnel authorizations under title IV shall not be counted
toward the dollar limitation in paragraph (2).
(b) Limitations.--The authority provided by subsection (a)
to transfer authorizations--
(1) may only be used to provide authority for items that
have a higher priority than the items from which authority is
transferred; and
(2) may not be used to provide authority for an item that
has been denied authorization by Congress.
(c) Effect on Authorization Amounts.--A transfer made from
one account to another under the authority of this section
shall be deemed to increase the amount authorized for the
account to which the amount is transferred by an amount equal
to the amount transferred.
(d) Notice to Congress.--The Secretary shall promptly
notify Congress of each transfer made under subsection (a).
(e) Certification Requirement.--The authority to transfer
any authorization under this section may not be used until
the Secretary of Defense and the head of each entity affected
by such transfer submits to the congressional defense
committees certification in writing that--
(1) the amount transferred will be used for higher priority
items, based on unforeseen military requirements, than the
items from which authority is transferred; and
(2) the amount transferred will not be used for any item
for which funds have been denied authorization by Congress.
SEC. 1002. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this Act, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this Act,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
SEC. 1003. PANDEMIC PREPAREDNESS AND RESILIENCE NATIONAL
SECURITY FUND.
(a) Fund Purposes.--Amounts authorized to be appropriated
for Research and Development, Defense-Wide, Pandemic
Preparedness and Resilience National Security Fund shall be
available for obligation and expenditure only for the
purposes of pandemic preparedness. Such amounts may not be
used for a purpose or program unless the purpose or program
is authorized by law.
(b) Transfers.--
(1) In general.--Amounts referred to in subsection (a) may
be transferred as follows:
(A) To Procurement, Defense-wide and Research, Development,
Test, and Evaluation, Defense-wide, not more than an
aggregate of $200,000,000 to carry out the Small Business
Industrial Base Resilience Program established by section 844
of this Act.
(B) To Research, Development, Test, and Evaluation,
Defense-wide, line 9, Biomedical Technology, not more than
$50,000,000 for research that aims to rapidly produce medical
countermeasures against novel threats, at population scale
and approved for use in people.
(C) To the following, not more than an aggregate of
$750,000,000 to support research and development efforts
directly related to biopreparedness and pandemic preparedness
and resilience:
(i) Research, Development, Test, and Evaluation, Army.
(ii) Research, Development, Test, and Evaluation, Navy.
(iii) Research, Development, Test, and Evaluation, Air
Force.
(iv) Research, Development, Test, and Evaluation, Defense-
wide.
(v) Defense Health Program.
(D) To Research, development, test, and evaluation,
Defense-wide, Line 16, Chemical and Biological Defense
Program, not more than $27,000,000 for research and
development to detect and model treatments for nuclear,
chemical, and biological exposure.
(E) To research, development, test, and evaluation,
Defense-wide, line 44, Chemical and Biological Defense
Program - Advanced Development, not more than $30,000,000 for
the development of decontamination technologies for civilian
pandemic preparedness.
(F) To research, development, test, and evaluation,
Defense-wide, line 49, Manufacturing Science and Technology
Program, not more than $35,000,000 for support for the
development of advanced manufacturing techniques and
technologies that enable the United States defense industrial
base to rapidly produce needed materials for novel biological
threats.
(2) Limitation.--Amounts referred to in subsection (a) may
not be transferred for--
(A) Drug Interdiction and Counter-Drug Activities; or
(B) military construction (as defined in section 2801(a) of
title 10, United States Code), including the purposes
described in section 2802(b) of such title, or military
family housing, including the purposes described in section
2821(a) of such title.
(3) Notice requirement.--Not later than 30 days before
transferring any amount described in subsection (a), the
Secretary of Defense shall submit to the congressional
defense committees notice of the transfer.
(4) Exception from general transfer authority.--A transfer
under this subsection shall not be counted toward the dollar
amount limitation under section 1001.
SEC. 1004. BUDGET MATERIALS FOR SPECIAL OPERATIONS FORCES.
Section 226 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by inserting ``of Defense and the Secretary of each of
the military departments'' after ``Secretary'';
(B) by striking ``2021'' and inserting ``2022'';
(C) by striking ``a consolidated budget justification
display'' and inserting ``a budget justification display for
each applicable appropriation'';
(D) in the second sentence, by striking ``display'' and all
that follows and inserting ``displays shall include each of
the following:'' and
(E) by adding at the end the following new paragraphs:
``(1) Details at the appropriation and line item level,
including any amount for service-common support, acquisition
support, training, operations, pay and allowances, base
operations sustainment, and any other common services and
support.
``(2) An identification of any change in the level or type
of service-common support and enabling capabilities provided
by each of the military services or Defense Agencies to
special operations forces for the fiscal year covered by the
budget justification display when compared to the preceding
fiscal year, including the rationale for any such change and
any mitigating actions.
``(3) An assessment of the specific effects that the budget
justification display for the fiscal year covered by the
display and any anticipated future manpower and force
structure changes are likely to have on the ability of each
of the military services to provide service-common support
and enabling capabilities to special operations forces.
[[Page H3185]]
``(4) Any other matters the Secretary of Defense or the
Secretary of a military department determines are
relevant.'';
(2) by redesignating subsection (b) as subsection (c); and
(3) by inserting after subsection (a) the following new
subsection (b):
``(b) Consolidated Budget Justification Display.--The
Secretary of Defense shall include, in the budget materials
submitted to Congress under section 1105 of title 31, for
fiscal year 2022 and any subsequent fiscal year, a
consolidated budget justification display containing the same
information as is required in the budget justification
displays required under subsection (a). Such consolidated
budget justification display may be provided as a summary by
appropriation for each military department and a summary by
appropriation for all Defense Agencies.''.
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.
Section 284(c) of title 10, United States Code, is
amended--
(1) by striking paragraph (2), and inserting the following
new paragraph (2):
``(2) Secretary of state concurrence.--The Secretary may
only provide support for a purpose described in this
subsection with the concurrence of the Secretary of State.'';
and
(2) by adding at the end the following new paragraph:
``(3) Priority.--In providing support for a purpose
described in this subsection, the Secretary shall give
priority to support requested for the purpose of affecting
the 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.
Section 284(h) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) by redesignating subparagraphs (A) and (B) as
subparagraphs (B) and (C), respectively; and
(B) by inserting before subparagraph (B), as so
redesignated, the following new subparagraph (A):
``(A) In case of support for a purpose described in
subsection (b)--
``(i) an identification of the recipient of the support;
``(ii) a description of the support provided;
``(iii) a description of the sources and amounts of funds
used to provide such support; and
``(iv) a description of the amount of funds obligated to
provide such support.''; and
(2) by adding at the end the following new paragraph:
``(3) Appropriate committees of congress.--For purposes of
any notice submitted under this subsection with respect to
support described in paragraph (1)(A), the appropriate
committees of Congress are--
``(A) the Committees on Armed Services of the Senate and
House of Representatives; and
``(B) any committee with jurisdiction over the department
or agency that receives the support covered by the notice.''.
Subtitle C--Naval Vessels
SEC. 1021. LIMITATION ON AVAILABILITY OF CERTAIN FUNDS
WITHOUT NAVAL VESSELS PLAN AND CERTIFICATION.
Section 231(e) of title 10, United States Code, is
amended--
(1) in paragraph (1)--
(A) by striking ``Secretary of the Navy'' and inserting
``Secretary of Defense''; and
(B) by striking ``50 percent'' and inserting ``25
percent''; and
(2) in paragraph (2)--
(A) by striking ``Secretary of the Navy'' and inserting
``Secretary of Defense''; and
(B) by striking ``operation and maintenance, Navy'' and
inserting ``operation and maintenance, Defense-wide''.
SEC. 1022. LIMITATIONS ON USE OF FUNDS IN THE NATIONAL
DEFENSE SEALIFT FUND FOR PURCHASE OF FOREIGN
CONSTRUCTED VESSELS.
Section 2218(f)(3) of title 10, United States Code, is
amended--
(1) in subparagraph (C), by striking ``seven'' and
inserting ``nine''; and
(2) in subparagraph (E), by striking ``two'' and inserting
``four''.
SEC. 1023. USE OF NATIONAL SEA-BASED DETERRENCE FUND FOR
INCREMENTALLY FUNDED CONTRACTS TO PROVIDE FULL
FUNDING FOR COLUMBIA CLASS SUBMARINES.
Section 2218a(h)(1) of title 10, United States Code, is
amended by striking ``and properly phased installment
payments'' and inserting ``, properly phased installment
payments, and full funding for the first two Columbia class
submarines''.
SEC. 1024. PREFERENCE FOR UNITED STATES VESSELS IN
TRANSPORTING SUPPLIES BY SEA.
(a) Preference for United States Vessels in Transporting
Supplies by Sea.--
(1) In general.--Section 2631 of title 10, United States
Code, is amended to read as follows:
``Sec. 2631. Preference for United States vessels in
transporting supplies by sea
``(a) In General.--Supplies bought for the Army, Navy, Air
Force, or Marine Corps, or for a Defense Agency, or otherwise
transported by the Department of Defense, may only be
transported by sea in--
``(1) a vessel belonging to the United States; or
``(2) a vessel of the United States (as such term is
defined in section 116 of title 46).
``(b) Waiver and Notification.--(1) The Secretary of
Defense may waive the requirement under subsection (a) if
such a vessel is--
``(A) not available at a fair and reasonable rate for
commercial vessels of the United States; or
``(B) otherwise not available.
``(2) At least once each fiscal year, the Secretary of
Defense shall submit, in writing, to the appropriate
congressional committees a notice of any waiver granted under
this subsection and the reasons for such waiver.
``(c) Requirements for Reflagging or Repair Work.--(1) In
each request for proposals to enter into a time-charter
contract for the use of a vessel for the transportation of
supplies under this section, the Secretary of Defense shall
require that--
``(A) any reflagging or repair work on a vessel for which a
proposal is submitted in response to the request for
proposals be performed in the United States (including any
territory of the United States); and
``(B) any corrective and preventive maintenance or repair
work on a vessel under contract pursuant to this section
relevant to the purpose of such contract be performed in the
United States (including any territory of the United States)
for the duration of the contract, to the greatest extent
practicable.
``(2) The Secretary of Defense may waive a requirement
under paragraph (1) if the Secretary determines that such
waiver is critical to the national security of the United
States. The Secretary shall immediately submit, in writing,
to the appropriate congressional committees a notice of any
waiver granted under this paragraph and the reasons for such
waiver.
``(3) In this subsection:
``(A) The term `reflagging or repair work' means work
performed on a vessel--
``(i) to enable the vessel to meet applicable standards to
become a vessel of the United States; or
``(ii) to convert the vessel to a more useful military
configuration.
``(B) The term `corrective and preventive maintenance or
repair' means--
``(i) maintenance or repair actions performed as a result
of a failure in order to return or restore equipment to
acceptable performance levels; and
``(ii) scheduled maintenance or repair actions to prevent
or discover functional failures.
``(d) Compliance.--The Secretary of Defense shall ensure
that contracting officers of the Department of Defense award
contracts under this section to responsible offerors and
monitor and ensure compliance with the requirements of this
section. The Secretary shall--
``(1) ensure that timely, accurate, and complete
information on contractor performance under this section is
included in any contractor past performance database used by
an executive agency; and
``(2) exercise appropriate contractual rights and remedies
against contractors who fail to comply with this section, or
subchapter I of chapter 553 of title 46 as determined by the
Secretary of Transportation under such subchapter, including
by--
``(A) determining that a contractor is ineligible for an
award of such a contract; or
``(B) terminating such a contract or suspension or
debarment of the contractor for such contract.
``(e) Appropriate Congressional Committees Defined.--In
this section, the term `appropriate congressional committees'
means--
``(1) the Committees on Armed Services of the Senate and
the House of Representatives;
``(2) the Committee on Transportation and Infrastructure of
the House of Representatives; and
``(3) the Committee on Commerce, Science, and
Transportation of the Senate.''.
(2) Clerical amendment.--The table of contents for chapter
157 of title 10, United States Code, is amended by amending
the item relating to section 2361 to read as follows:
``2361. Preference for United States vessels in transporting supplies
by sea.''.
(b) Amendments to Title 46, United States Code.--
(1) Transfer of provision relating to priority loading for
coal.--
(A) In general.--Section 55301 of title 46, United States
Code, is redesignated as section 55123 of such title,
transferred to appear after section 55122 of such title, and
amended so that the enumerator, section heading, typeface,
and typestyle conform to those appearing in other sections in
such title.
(B) Conforming amendments.--
(i) The analysis for subchapter I of chapter 553 of title
46, United States Code, is amended by striking the item
relating to section 55301.
(ii) The analysis for chapter 551 of title 46, United
States Code, is amended by inserting after the item relating
to section 55122 the following new item:
``55123. Priority loading for coal.''.
(2) Amendment to subchapter heading.--The heading of
subchapter I of chapter 553 of title 46, United States Code,
is amended to read as follows:
``subchapter i--government impelled transportation''.
SEC. 1025. RESTRICTIONS ON OVERHAUL, REPAIR, ETC. OF NAVAL
VESSELS IN FOREIGN SHIPYARDS.
(a) Exception for Damage Repair Due to Hostile Actions or
Interventions.--Section 8680(a) of title 10, United States
Code, is amended--
(1) in paragraph (1), by striking ``, other than in the
case of voyage repairs''; and
(2) by adding at the end the following new paragraph:
[[Page H3186]]
``(3) Notwithstanding paragraph (1), a naval vessel
described in paragraph (1) may be repaired in a shipyard
outside the United States or Guam if the repairs are--
``(A) voyage repairs; or
``(B) necessary to correct damage sustained due to hostile
actions or interventions.''.
(b) Limited Authority to Use Foreign Workers.--Section
8680(a)(2)(B)(i) of title 10, United States Code, is
amended--
(1) by inserting ``(I)'' after ``(i)''; and
(2) by adding at the end the following new subclauses:
``(II) Notwithstanding subclause (I), foreign workers may
be used to perform corrective and preventive maintenance or
repair on a vessel as described in subparagraph (A) only if
the Secretary of the Navy determines that travel by United
States Government personnel or United States contractor
personnel to perform the corrective or preventive maintenance
or repair is not advisable for health or safety reasons. The
Secretary of the Navy may not delegate the authority to make
a determination under this subclause.
``(III) Not later than 30 days after making a determination
under subclause (II), the Secretary of the Navy shall submit
to the congressional defense committees written notification
of the determination. The notification shall include the
reasons why travel by United States personnel is not
advisable for health or safety reasons, the location where
the corrective and preventive maintenance or repair will be
performed, and the approximate duration of the corrective and
preventive maintenance or repair.''.
(c) Technical Correction.--Section 8680(a)(2)(C)(ii) of
title 10, United States Code, is amended by striking the
period after ``means--''.
SEC. 1026. BIANNUAL REPORT ON SHIPBUILDER TRAINING AND THE
DEFENSE INDUSTRIAL BASE.
(a) In General.--Chapter 863 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 8692. Biannual report on shipbuilder training and the
defense industrial base
`` Not later than February 1 of each even-numbered year
until 2026, the Secretary of Defense, in coordination with
the Secretary of Labor, shall submit to the Committee on
Armed Services and the Committee on Health, Education, Labor,
and Pensions of the Senate and the Committee on Armed
Services and the Committee on Education and Labor of the
House of Representatives a report on shipbuilder training and
hiring requirements necessary to achieve the Navy's 30-year
shipbuilding plan and to maintain the shipbuilding readiness
of the defense industrial base. Each such report shall
include each of the following:
``(1) An analysis and estimate of the time and investment
required for new shipbuilders to gain proficiency in
particular shipbuilding occupational specialties, including
detailed information about the occupational specialty
requirements necessary for construction of naval surface ship
and submarine classes to be included in the Navy's 30-year
shipbuilding plan.
``(2) An analysis of the age demographics and occupational
experience level (measured in years of experience) of the
shipbuilding defense industrial workforce.
``(3) An analysis of the potential time and investment
challenges associated with developing and retaining
shipbuilding skills in organizations that lack intermediate
levels of shipbuilding experience.
``(4) Recommendations concerning how to address shipbuilder
training during periods of demographic transition and
evolving naval fleet architecture consistent with the Navy's
2020 Integrated Force Structure Assessment.
``(5) An analysis of whether emerging technologies, such as
augmented reality, may aid in new shipbuilder training.
``(6) Recommendations concerning how to encourage young
adults to enter the defense shipbuilding industry and to
develop the skills necessary to support the shipbuilding
defense industrial base.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``8692. Biannual report on shipbuilder training and the defense
industrial base.''.
SEC. 1027. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF
CERTAIN LITTORAL COMBAT SHIPS.
(a) Prohibition.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2021 for the Navy may be obligated or expended to
retire or prepare for the retirement, transfer, or placement
in storage any ships designated as LCS-3 or LCS-4 until the
date on which the Secretary of the Navy submits the
certification required under subsection (b).
(b) Certification.--Upon the completion of all operational
tests on each of the mission modules designed for the
Littoral Combat Ship, the Secretary of the Navy shall submit
to the congressional defense committees certification of such
completion.
SEC. 1028. REPORT ON IMPLEMENTATION OF COMMANDANT'S PLANNING
GUIDANCE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report on
the implementation of the Commandant's Planning Guidance.
Such report shall include a detailed description of each of
the following:
(1) The specific number and type of manned littoral ships
required to execute such Guidance.
(2) The role of long-range unmanned surface vessels in the
execution of such Guidance.
(3) How platforms referred to in paragraphs (1) and (2)
account for and interact with ground-based missiles fielded
by teams of Marines deployed throughout the Indo-Pacific
region.
(4) The integrated naval command and control architecture
required to support the platforms referred to in paragraphs
(1) and (2);
(5) The projected cost and any additional resources
required to deliver the platforms referred to in paragraph
(1) and (2) by not later than five years after the date of
the enactment of this Act.
(b) Form of Report.--The report required under this section
shall be submitted in unclassified form, but may contain a
classified annex. The unclassified report shall be made
publicly available.
SEC. 1029. LIMITATION ON NAVAL FORCE STRUCTURE CHANGES.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2021 for the Navy
may be obligated or expended to retire, or to prepare for the
retirement, transfer, or placement in storage of, any
Department of the Navy ship until the date that is 30 days
after the date on which Secretary of Defense submits to the
congressional defense committees the 2020 Naval Integrated
Force Structure Assessment.
Subtitle D--Counterterrorism
SEC. 1031. PROHIBITION ON USE OF FUNDS FOR TRANSFER OR
RELEASE OF INDIVIDUALS DETAINED AT UNITED
STATES NAVAL STATION, GUANTANAMO BAY, CUBA, TO
CERTAIN COUNTRIES.
No amounts authorized to be appropriated or otherwise made
available for the Department of Defense may be used during
the period beginning on the date of the enactment of this Act
and ending on December 31, 2021, to transfer, release, or
assist in the transfer or release of any individual detained
in the custody or under the control of the Department of
Defense at United States Naval Station, Guantanamo Bay, Cuba,
to the custody or control of any country, or any entity
within such country, as follows:
(1) Libya.
(2) Somalia.
(3) Syria.
(4) Yemen.
Subtitle E--Miscellaneous Authorities and Limitations
SEC. 1041. SUPPORT OF SPECIAL OPERATIONS TO COMBAT TERRORISM.
Section 127e of title 10, United States Code, is amended--
(1) by striking subsection (c) and inserting the following
new subsection (c):
``(c) Procedures.--
``(1) In general.--The authority in this section shall be
exercised in accordance with such procedures as the Secretary
shall establish for purposes of this section. The Secretary
shall notify the congressional defense committees of any
material change to such procedures.
``(2) Elements.--The procedures required under paragraph
(1) shall establish, at a minimum, each of the following:
``(A) Policy, strategy, or other guidance for the execution
of, and constraints within, activities conducted under this
section.
``(B) The processes through which activities conducted
under this section are to be developed, validated, and
coordinated, as appropriate, with relevant Federal entities.
``(C) The processes through which legal reviews and
determinations are made to comply with this section and
ensure that the exercise of authority under this section is
consistent with the national security of the United States.
``(3) Notice to congress.--The Secretary shall provide to
the congressional defense committees a notice of the
procedures established pursuant to this section before any
exercise of the authority in this section, and shall notify
such committees of any material change of the procedures.'';
(2) in subsection (d)--
(A) in the subsection heading, by inserting ``of Initiation
of Support of an Approved Military Operation'' after
``Notification''; and
(B) in paragraph (1), by striking ``15'' and inserting
``30'';
(3) by redesignating subsections (e) through (h) as
subsections (f) through (i), respectively;
(4) by inserting after subsection (d) the following new
subsection (e):
``(e) Notification of Modification or Termination of
Support of an Approved Military Operation.--
``(1) In general.--Except as provided in paragraph (2), the
Secretary shall provide to the congressional defense
committees notice in writing by not later that--
``(A) 15 days before exercising the authority under this
section to modify the support of an approved military
operation;
``(B) 30 days before exercising the authority under this
section to terminate the support of an approved military
operation; or
``(C) as applicable, 30 days before exercising any other
authority under which the Secretary engages or plans to
engage with foreign forces, irregular forces, groups, or
individuals.
``(2) Extraordinary circumstances.--If the Secretary finds
the existence of extraordinary circumstances affecting the
national security of the United States, the Secretary shall
provide the notice required under paragraph (1) not later
than 48 hours before exercising authority referred to in
subparagraph (A) or (B) of such paragraph.
``(3) Elements.--Notice provided under paragraph (1) with
respect to the modification or termination of support shall
includes each of the following elements:
``(A) A description of the reasons for the modification or
termination.
``(B) A description of the potential effects of the
modification or termination of support on the forces
providing the support.
[[Page H3187]]
``(C) A plan for the modification or termination of the
support, including the consideration of the transition of
such support from one fiscal authority to another.
``(D) A list of any relevant entities of the United States
Government that are or will be involved in the modification
or termination of such support, including any planned
transition of such support from one Government entity to
another.'';
(5) in subsection (i)(3), as redesignated by paragraph
(3)--
(A) by redesignating subparagraphs (G) and (H) as
subparagraphs (H) and (I), respectively; and
(B) by inserting after subparagraph (F) the following new
subparagraph (G):
``(G) If there is a plan to modify or terminate the support
to military operations to combat terrorism in any way, a
detailed description of the plan, including--
``(i) a description of the reasons for the modification or
termination;
``(ii) the potential effects of the modification or
termination of support on the forces providing the support;
``(iii) a detailed plan for the modification or termination
of the support; and
``(iv) a list of any relevant Government entities that are
or will be involved in the modification or termination of
such support, including any planned transition of such
support from one Government entity to another.''; and
(6) by adding at the end the following new subsection:
``(j) Modification Defined.--In this section, the term
`modification', with respect to support provided for an
approved military operation, means--
``(1) an increase or decrease in funding of more than
$750,000 or change greater than 40 percent of the material
resources provided;
``(2) an increase or decrease in the amount or type of
equipment that significantly alters the use of or risk to
foreign forces, irregular forces, groups, or United States
special operations forces; or
``(3) a change in the legal or operational authorities.''.
SEC. 1042. PROHIBITION ON RETIREMENT OF NUCLEAR POWERED
AIRCRAFT CARRIERS BEFORE FIRST REFUELING.
Section 8062 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(f) A nuclear powered aircraft carrier may not be retired
before its first refueling.''.
SEC. 1043. REQUIRED MINIMUM INVENTORY OF TACTICAL AIRLIFT
AIRCRAFT.
Section 9062 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(k) The Secretary of the Air Force shall maintain a total
inventory of tactical airlift aircraft of not less than 292
aircraft.''.
SEC. 1044. MODIFICATION AND TECHNICAL CORRECTION TO
DEPARTMENT OF DEFENSE AUTHORITY TO PROVIDE
ASSISTANCE ALONG THE SOUTHERN LAND BORDER OF
THE UNITED STATES.
(a) Authority.--Subsection (a) of section 1059 of the
National Defense Authorization Act for Fiscal Year 2016
(Public Law 114-92; 129 Stat. 986; 10 U.S.C. 271 note prec.)
is amended to read as follows:
``(a) Authority.--
``(1) Provision of assistance.--
``(A) In general.--The Secretary of Defense may provide
assistance to United States Customs and Border Protection for
purposes of increasing ongoing efforts to secure the southern
land border of the United States in accordance with the
requirements of this section.
``(B) Requirements.--If the Secretary provides assistance
under subparagraph (A), the Secretary shall ensure that--
``(i) the provision of the assistance will not negatively
affect military training, operations, readiness, or other
military requirements; and
``(ii) the tasks associated with the support provided align
with the mission or occupational specialty of any members of
the Armed Forces, including members of the reserve
components, or units of the Armed Forces, including the
reserve components, that are deployed.
``(2) Notification requirement.--Not later than 5 days
after the date on which the Secretary decides to provide
assistance under paragraph (1), the Secretary shall submit to
the Committee on Armed Services of the Senate and the
Committee on Armed Services and the Committee on Homeland
Security of the House of Representatives notice of such
decision.''.
(b) Reporting Requirements.--Subsection (f) of such section
is amended to read as follows:
``(f) Reports.--
``(1) Report required.--Any time assistance is provided
under subsection (a), not later than 30 days after the date
on which such assistance is first provided, and every three
months thereafter during the period while such assistance is
provided, the Secretary of Defense, in coordination with the
Secretary of Homeland Security, shall submit to the Committee
on Armed Services and the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on Armed
Services and the Committee on Homeland Security of the House
of Representatives a report that includes, for both the
period covered by the report and the total period of the
deployment, each of the following:
``(A) A description of the assistance provided.
``(B) A description of the Armed Forces, including the
reserve components, deployed as part of such assistance,
including an identification of--
``(i) the members of the Armed Forces, including members of
the reserve components, deployed, including specific
information about unit designation, size of unit, and whether
any personnel in the unit deployed under section 12302 of
title 10, United States Code;
``(ii) the readiness rating for each of the units deployed,
including specific information about any impacts to planned
training exercises for any such unit;
``(iii) the projected length of the deployment and any
special pay and incentives for which deployed personnel may
qualify during the deployment;
``(iv) any specific pre-deployment training provided for
such members of the Armed Forces, including members of the
reserve components;
``(v) the specific missions and tasks, by location, that
are assigned to the members of the Armed Forces, including
members of the reserve components, who are so deployed;
``(vi) the life support conditions and associated costs;
``(vii) the locations where units so deployed are
conducting their assigned mission, together with a map
showing such locations;
``(viii) a description of the rules and additional guidance
applicable to the deployment, including the standing rules
for the use of force for deployed personnel and the issuance
of any weapons and ammunition; and
``(ix) the plan to transition the functions performed by
the members of the Armed Forces, including members of the
reserve components, to the Department of Homeland Security
and Customs Border Protection.
``(C) The sources and amounts of funds expended--
``(i) during the period covered by the report; and
``(ii) during the total period for which such support has
been provided.
``(D) The amount of funds obligated--
``(i) during the period covered by the report; and
``(ii) during the total period for which such support has
been provided.
``(E) An assessment of the efficacy and cost-effectiveness
of such assistance in support of the objectives and strategy
of the Secretary of Homeland Security to address the
challenges on the southern land border of the United States
and recommendations, if any, to enhance the effectiveness of
such assistance.
``(2) Form of report.--Each report submitted under this
subsection shall be submitted in unclassified form and
without any designation relating to dissemination control,
but may include a classified annex.''.
(c) Classification.--The Law Revision Counsel is directed
to place this section in a note following section 284 of
title 10, United States Code.
SEC. 1045. BATTLEFIELD AIRBORNE COMMUNICATIONS NODE
CERTIFICATION REQUIREMENT.
(a) Limitation.--The Secretary of the Air Force may take no
action that would prevent the Air Force from maintaining or
operating the fleets of EQ-4 aircraft in the configurations
and capabilities in effect on the date of the enactment of
this Act, or in improved configurations and capabilities,
before the date on which each of the three individual
certifications described in subsection (b) have been
submitted to the congressional defense committees.
(b) Certifications Required.--The certifications described
in this subsection are the following;
(1) The written certification of the Chairman of the Joint
Requirements Oversight Council that the replacement
capability for the EQ-4 aircraft will--
(A) be fielded at the same time or before the divestment of
the EQ-4 aircraft;
(B) result in equal or greater capability available to the
commanders of the combatant commanders; and
(C) not result in less airborne capacity or on-station time
available to the commanders of the combatant commands.
(2) The written certification of the Commander of United
States Central Command that the replacement capability for
the EQ-4 aircraft will not result in less airborne capacity
or on-station time available for mission taskings that the
EQ-4 provides, as of the date of the enactment of this Act,
in the United States Central Command area of responsibility.
(3) The written certification of the Under Secretary of
Defense for Acquisition and Sustainment that the validated
operating and sustainment costs of the capability developed
or fielded to replace an equivalent capacity the EQ-4
aircraft provides is less than the validated operating and
sustainment costs for the EQ-4 aircraft on a comparable
flight-hour cost basis.
(c) Calculation of Flight-hour Cost Basis.--For purposes of
calculating the flight-hour cost basis under subsection
(b)(3), the Under Secretary shall include all costs for--
(1) Unit level manpower;
(2) Unit operations;
(3) maintenance;
(4) sustaining support; and
(5) system improvements.
SEC. 1046. REQUIREMENTS RELATING TO NEWEST GENERATIONS OF
PERSONAL PROTECTIVE EQUIPMENT.
(a) Reports.--
(1) Reports required.--Not later than January 31, 2021,
each Secretary of a military department shall submit to the
congressional defense committees a report on the development
and fielding of the newest generations of personal protective
equipment to the Armed Forces under the jurisdiction of such
Secretary.
(2) Elements.--Each report under paragraph (1) shall
include, for each Armed Force covered by such report, the
following:
(A) A description and assessment of the development and
fielding of the newest generations of personal protective
equipment and auxiliary personal protective equipment to
members of such Armed Force, including the following:
(i) The number (aggregated by total number and by sex) of
members of such Armed Force issued the Army Soldiers
Protective System and the Modular Scalable Vest Generation II
body armor as of December 31, 2020.
[[Page H3188]]
(ii) The number (aggregated by total number and by sex) of
members of such Armed Force issued Marine Corps Plate Carrier
Generation III (PC Gen III) body armor as of that date.
(iii) The number (aggregated by total number and by sex) of
members of such Armed Force fitted with legacy personal
protective equipment as of that date.
(B) A description and assessment of the barriers, if any,
to the development and fielding of such generations of
equipment to such members.
(C) A description and assessment of challenges in the
development and fielding of such generations of equipment to
such members, including cost overruns, contractor delays, and
other challenges.
(b) System for Tracking Data on Injuries.--
(1) System required.--
(A) In general.--The Director of the Defense Health Agency
(DHA) shall develop and maintain a system for tracking data
on injuries among members of the Armed Forces in and during
the use of newest generation personal protective equipment.
(B) Scope of system.--The system required by this
subsection may, at the election of the Director, be new for
purposes of this subsection or within or a modification of an
appropriate existing system (such as the Defense Occupational
And Environmental Health Readiness System (DOEHRS)).
(2) Report.--Not later than January 31, 2025, the Director
shall submit to Congress a report on the prevalence among
members of the Armed Forces of preventable injuries
attributable to ill-fitting or malfunctioning personal
protective equipment.
(c) Inclusion in Annual Periodic Health Assessments.--The
annual Periodic Health Assessment (PHA) of members of the
Armed Forces undertaken after the date of the enactment of
this Act shall include one or more questions on whether
members incurred an injury in connection with ill-fitting or
malfunctioning personal protective equipment during the
period covered by such assessment, including the nature of
such injury.
SEC. 1047. PROHIBITION ON USE OF FUNDS FOR RETIREMENT OF A-10
AIRCRAFT.
(a) Prohibition.--Notwithstanding sections 134 and 135 of
the National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328), 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, prepare to
retire, or place in storage or on backup aircraft inventory
status any A-10 aircraft.
(b) Exception.--The limitation under subsection (a) shall
not apply to any individual A-10 aircraft that the Secretary
of the Air Force determines, on a case-by-case basis, to be
no longer mission capable because of a mishap or other damage
or because the aircraft is uneconomical to repair.
SEC. 1048. MANDATORY CRITERIA FOR STRATEGIC BASING DECISIONS.
(a) In General.--The Secretary of the Air Force shall
modify Air Force Instruction 10-503 (pertaining to the
strategic basing process) to ensure that the process for the
selection of a location in the United States for the
strategic basing of an aircraft includes the following:
(1) A comparative analysis of the overall community support
for the mission among the candidate locations, as indicated
by the formal comments received during the public comment
period for the environmental impact statement relating to the
basing decision and, in a case in which the Secretary selects
a final location with less community support compared to
other locations as indicated by such analysis, an explanation
of the operational considerations that formed the basis for
such selection.
(2) An analysis of joint and all-domain training
capabilities at each candidate location, separate from and in
addition to the mission criteria developed for the basing
action.
(3) A comparative analysis of the airspace and training
areas available at each candidate location, separate from and
in addition to the mission criteria developed for the basing
action.
(b) Report Required.--Not later than 14 days after the date
on which the Secretary of Defense publicly announces the
preferred and reasonable alternative locations for the basing
of an aircraft as described in subsection (a), the Secretary
shall submit to the congressional defense committees a report
that includes--
(1) an assessment of each candidate location that was
considered as part of the basing process, including, with
respect to each such location, an analysis of each of the
factors specified in paragraphs (1) through (3) of such
subsection; and
(2) an explanation of how each candidate location was
scored against such factors, including the weight assigned to
each factor.
SEC. 1049. LIMITATION ON USE OF FUNDS PENDING PUBLIC
AVAILABILITY OF TOP-LINE NUMBERS OF DEPLOYED
MEMBERS OF THE ARMED FORCES.
(a) Limitation.--Of the amounts authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2020 for Operation and Maintenance, Defense-wide,
Office of the Secretary of Defense, for Travel of Persons,
not more than 75 percent may be obligated or expended until
the date on which the Secretary of Defense makes publicly
available the top-line numbers of deployed members of the
Armed Forces described in subsection (b).
(b) Top-line Numbers Described.-- The top-line numbers of
deployed members of the Armed Forces referred to in
subsection (a)--
(1) are the numbers required to be made publicly available
under section 595 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232;
10 U.S.C. 122a note);
(2) shall include all such numbers for fiscal year 2017 and
each subsequent fiscal year; and
(3) shall include the number of personnel on temporary duty
and the number of personnel deployed in support of
contingency operations.
(c) Sensitive Military Operation.--The requirement under
subsection (a) to make the top-line numbers of deployed
members of the Armed Forces publicly available is not
satisfied if the Secretary, in exercising the waiver
authority under subsection (b) of section 595 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 10 U.S.C. 122a note) does not
submit the notice and reasons for the waiver determination to
Committees of Armed Services of the House of Representatives
and the Senate as required under paragraph (2) of such
subsection.
SEC. 1050. LIMITATION ON PHYSICAL MOVE, INTEGRATION,
REASSIGNMENT, OR SHIFT IN RESPONSIBILITY OF
MARINE FORCES NORTHERN COMMAND.
(a) Limitation.--The Secretary of Defense may not take any
action to execute the physical move, integration,
reassignment, or shift in responsibility of the Marine Forces
Northern Command before the date that is 60 days after the
date on which the Secretary submits the report described in
subsection (b).
(b) Report.--If the Secretary of Defense plans to take any
action to physically move, integrate, reassign, or shift the
responsibility of Marine Forces Northern Command, the
Secretary shall submit to the congressional defense
committees a report on such proposed action that includes
each of the following:
(1) An analysis of how the proposed action would be
beneficial to military readiness.
(2) A description of how the proposed action would align
with the national defense strategy and the supporting
strategies for each of the military departments.
(3) A description of the proposed organizational structure
change associated with the action and how will it affect the
relationship between Marine Forces Northern Command and
administrative control responsibilities, operational control
responsibilities, and tactical control responsibilities.
(4) The projected cost associated with the proposed action
and any projected long-term cost savings.
(5) A detailed description of any requirements for new
infrastructure or relocation of equipment and assets
associated with the proposed action.
(6) A description of how the proposed action would
facilitate total force integration and Marine Corps general
officer progression, including with respect to the reserve
components.
(c) Waiver.--The Secretary may waive the limitation under
subsection (a) if the Secretary determines such a waiver is
necessary by reason of hostilities or the imminent threat of
hostilities.
(d) Applicability.--This section shall apply with respect
to any action to execute the physical move, integration,
reassignment, or shift in responsibility of the Marine Forces
Northern Command that is initiated on or after the date of
the enactment of this Act. In the case of such an action that
was initiated but not completed before the date of the
enactment of this Act, no additional effort may be made to
complete such action before the date that is 60 days after
the date on which the Secretary submits the report described
in subsection (b).
SEC. 1051. CONDITIONS FOR PERMANENTLY BASING UNITED STATES
EQUIPMENT OR ADDITIONAL FORCES IN HOST
COUNTRIES WITH AT-RISK VENDORS IN 5G OR 6G
NETWORKS.
(a) In General.--Prior to basing a major weapon system or
additional permanently assigned forces comparable to or
larger than a battalion, squadron, or naval combatant for
permanent basing to a host country with at-risk 5th
generation (5G) or sixth generation (6G) wireless network
equipment, software, and services, including supply chain
vulnerabilities identified by the Federal Acquisition
Security Council, where United States military personnel and
their families will be directly connected or subscribers to
networks that include such at-risk equipment, software, and
services in their official duties or in the conduct of
personal affairs, the Secretary of Defense shall provide a
notification to the congressional defense committees that
includes a description of--
(1) steps being taken by the host country to mitigate any
potential risks to the weapon systems, military units, or
personnel, and the Department of Defense's assessment of
those efforts;
(2) steps being taken by the United States Government,
separately or in collaboration with the host country, to
mitigate any potential risks to the weapon systems,
permanently deployed forces, or personnel;
(3) any defense mutual agreements between the host country
and the United States intended to allay the costs of risk
mitigation posed by the at-risk infrastructure; and
(4) any other matters the Secretary determines to be
relevant.
(b) Applicability.--The conditions in subsection (a) apply
to the permanent long-term stationing of equipment and
permanently assigned forces, and do not apply to short-term
deployments or rotational presence to military installations
outside the United States in connection with exercises,
dynamic force employment, contingency operations, or combat
operations.
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report that
contains an assessment of--
(1) the risk to personnel, equipment, and operations of the
Department of Defense in host countries posed by the current
or intended use
[[Page H3189]]
by such countries of 5G or 6G telecommunications architecture
provided by at-risk vendors; and
(2) measures required to mitigate the risk described in
paragraph (1), including the merit and feasibility of the
relocation of certain personnel or equipment of the
Department to another location without the presence of 5G or
6G telecommunications architecture provided by at-risk
vendors.
(d) Form.--The report required by subsection (c) shall be
submitted in a classified form with an unclassified summary.
(e) Major Weapon System Defined.--In this section, the term
``major weapon system'' has the meaning given that term in
section 2379(f) of title 10, United States Code.
TITLE XI--CIVILIAN PERSONNEL MATTERS
Subtitle A--General Provisions
SEC. 1101. FAMILY AND MEDICAL LEAVE AMENDMENTS.
(a) In General.--
(1) Paid parental leave for employees of district of
columbia courts and district of columbia public defender
service.--
(A) District of columbia courts.--Section 11-1726, District
of Columbia Official Code, is amended by adding at the end
the following new subsection:
``(d) In carrying out the Family and Medical Leave Act of
1993 (29 U.S.C. 2601 et seq.) with respect to nonjudicial
employees of the District of Columbia courts, the Joint
Committee on Judicial Administration shall, notwithstanding
any provision of such Act, establish a paid parental leave
program for the leave described in subparagraphs (A) and (B)
of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1))
(relating to leave provided in connection with the birth of a
child or the placement of a child for adoption or foster
care). In developing the terms and conditions for this
program, the Joint Committee may be guided by the terms and
conditions applicable to the provision of paid parental leave
for employees of the Federal Government under chapter 63 of
title 5, United States Code, and any corresponding
regulations.''.
(B) District of columbia public defender service.--Section
305 of the District of Columbia Court Reform and Criminal
Procedure Act of 1970 (sec. 2-1605, D.C. Official Code) is
amended by adding at the end the following new subsection:
``(d) In carrying out the Family and Medical Leave Act of
1993 (29 U.S.C. 2601 et seq.) with respect to employees of
the Service, the Director shall, notwithstanding any
provision of such Act, establish a paid parental leave
program for the leave described in subparagraphs (A) and (B)
of section 102(a)(1) of such Act (29 U.S.C. 2612(a)(1))
(relating to leave provided in connection with the birth of a
child or the placement of a child for adoption or foster
care). In developing the terms and conditions for this
program, the Director may be guided by the terms and
conditions applicable to the provision of paid parental leave
for employees of the Federal Government under chapter 63 of
title 5, United States Code, and any corresponding
regulations.''.
(2) Clarification of use of other leave in addition to 12
weeks as family and medical leave.--
(A) Title 5.--Section 6382(a) of title 5, United States
Code, as amended by section 7602 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92),
is amended--
(i) in paragraph (1), in the matter preceding subparagraph
(A), by inserting ``(or, in the case of leave that includes
leave under subparagraph (A) or (B) of this paragraph, 12
administrative workweeks of leave plus any additional period
of leave used under subsection (d)(2)(B)(ii))'' after ``12
administrative workweeks of leave''; and
(ii) in paragraph (4), by inserting ``(or 26 administrative
workweeks of leave plus any additional period of leave used
under subsection (d)(2)(B)(ii))'' after ``26 administrative
workweeks of leave''.
(B) Congressional employees.--Section 202(a)(1) of the
Congressional Accountability Act of 1995 (2 U.S.C.
1312(a)(1)), as amended by section 7603 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92), is amended--
(i) in the second sentence, by inserting ``and in the case
of leave that includes leave for such an event, the period of
leave to which a covered employee is entitled under section
102(a)(1) of such Act shall be 12 administrative workweeks of
leave plus any additional period of leave used under
subsection (d)(2)(B) of this section'' before the period; and
(ii) by striking the third sentence and inserting the
following: ``For purposes of applying section 102(a)(4) of
such Act, in the case of leave that includes leave under
subparagraph (A) or (B) of section 102(a)(1) of such Act, a
covered employee is entitled, under paragraphs (1) and (3) of
section 102(a) of such Act, to a combined total of 26
workweeks of leave plus any additional period of leave used
under subsection (d)(2)(B) of this section.''.
(C) Other employees covered under the family and medical
leave act of 1993.--Section 102(a) of the Family and Medical
Leave Act of 1993 (29 U.S.C. 2611(a)) is amended by adding at
the end the following:
``(6) Special rules on period of leave.--With respect to an
employee of the Government Accountability Office and an
employee of the Library of Congress--
``(A) in the case of leave that includes leave under
subparagraph (A) or (B) of paragraph (1), the employee shall
be entitled to 12 administrative workweeks of leave plus any
additional period of leave used under subsection
(d)(3)(B)(ii) of this section or section 202(d)(2)(B) of the
Congressional Accountability Act of 1995 (2 U.S.C.
1312(d)(2)(B)), as the case may be; and
``(B) for purposes of paragraph (4), the employee is
entitled, under paragraphs (1) and (3), to a combined total
of 26 workweeks of leave plus, if applicable, any additional
period of leave used under subsection (d)(3)(B)(ii) of this
section or section 202(d)(2)(B) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as the
case may be.''.
(3) Applicability.--The amendments made by this subsection
shall not be effective with respect to any birth or placement
occurring before October 1, 2020.
(b) Paid Parental Leave for Presidential Employees.--
(1) Amendments to chapter 5 of title 3, united states
code.--Section 412 of title 3, United States Code, is
amended--
(A) in subsection (a)(1), by adding at the end the
following: ``In applying section 102 of such Act with respect
to leave for an event described in subsection (a)(1)(A) or
(B) of such section to covered employees, subsection (c) of
this section shall apply and in the case of leave that
includes leave for such an event, the period of leave to
which a covered employee is entitled under section 102(a)(1)
of such Act shall be 12 administrative workweeks of leave
plus any additional period of leave used under subsection
(c)(2)(B) of this section. For purposes of applying section
102(a)(4) of such Act, in the case of leave that includes
leave under subparagraph (A) or (B) of section 102(a)(1) of
such Act, a covered employee is entitled, under paragraphs
(1) and (3) of section 102(a) of such Act, to a combined
total of 26 workweeks of leave plus any additional period of
leave used under subsection (c)(2)(B) of this section.'';
(B) by redesignating subsections (c) and (d) as subsections
(d) and (e), respectively;
(C) by inserting after subsection (b) the following:
``(c) Special Rule for Paid Parental Leave.--
``(1) Substitution of paid leave.--A covered employee may
elect to substitute for any leave without pay under
subparagraph (A) or (B) of section 102(a)(1) of the Family
and Medical Leave Act of 1993 (29 U.S.C. 2612(a)(1)) any paid
leave which is available to such employee for that purpose.
``(2) Amount of paid leave.--The paid leave that is
available to a covered employee for purposes of paragraph (1)
is--
``(A) the number of weeks of paid parental leave in
connection with the birth or placement involved that
corresponds to the number of administrative workweeks of paid
parental leave available to employees under section
6382(d)(2)(B)(i) of title 5, United States Code; and
``(B) during the 12-month period referred to in section
102(a)(1) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2612(a)(1)) and in addition to the administrative
workweeks described in subparagraph (A), any additional paid
vacation, personal, family, medical, or sick leave provided
by the employing office to such employee.
``(3) Limitation.--Nothing in this section or section
102(d)(2)(A) of the Family and Medical Leave Act of 1993 (29
U.S.C. 2612(d)(2)(A)) shall be considered to require or
permit an employing office to require that an employee first
use all or any portion of the leave described in paragraph
(2)(B) before being allowed to use the paid parental leave
described in paragraph (2)(A).
``(4) Additional rules.--Paid parental leave under
paragraph (2)(A)--
``(A) shall be payable from any appropriation or fund
available for salaries or expenses for positions within the
employing office;
``(B) if not used by the covered employee before the end of
the 12-month period (as referred to in section 102(a)(1) of
the Family and Medical Leave Act of 1993 (29 U.S.C.
2612(a)(1))) to which it relates, shall not accumulate for
any subsequent use; and
``(C) shall apply without regard to the limitations in
subparagraph (E), (F), or (G) of section 6382(d)(2) of title
5, United States Code, or section 104(c)(2) of the Family and
Medical Leave Act of 1993 (29 U.S.C. 2614(c)(2)).''; and
(D) in subsection (e)(1), as so redesignated, by striking
``subsection (c)'' and inserting ``subsection (d)''.
(2) Applicability.--The amendments made by this subsection
shall not be effective with respect to any birth or placement
occurring before October 1, 2020.
(c) FAA and TSA.--
(1) FAA.--
(A) In general.--Paragraph (3) of section 102(d) of the
Family and Medical Leave Act of 1993 (29 U.S.C. 2612(d)(3)),
as added by section 7604 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92),
is amended--
(i) in the paragraph heading, by inserting ``and federal
aviation administration'' after ``GAO'';
(ii) in subparagraphs (A) and (B), by striking ``the
Government Accountability Office'' in each instance and
inserting ``the Government Accountability Office or the
Federal Aviation Administration''; and
(iii) in subparagraph (D)(i), by striking ``the Government
Accountability Office'' and inserting ``the Government
Accountability Office or the Federal Aviation Administration
(as the case may be)''.
(B) Applicability.--The amendments made by subparagraph (A)
shall not be effective with respect to any birth or placement
occurring before October 1, 2020.
(2) Corrections for tsa screeners.--Section 7606 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92) is amended--
(A) by striking ``Section 111(d)(2)'' and inserting the
following:
``(a) In General.--Section 111(d)(2)''; and
[[Page H3190]]
(B) by adding at the end the following:
``(b) Effective Date; Application.--
``(1) In general.--The amendment made by subsection (a)
shall not be effective with respect to any event for which
leave may be taken under subchapter V of chapter 63 of title
5, United States Code, occurring before October 1, 2020.
``(2) Application to service requirement for eligibility.--
For purposes of applying the period of service requirement
under subparagraph (B) of section 6381(1) to an individual
appointed under section 111(d)(1) of the Aviation and
Transportation Security Act (49 U.S.C. 44935 note), the
amendment made by subsection (a) of this section shall apply
with respect to any period of service by the individual under
such an appointment, including service before the effective
date of such amendment.''.
(d) Title 38 Employees.--
(1) In general.--Section 7425 of title 38, United States
Code, is amended--
(A) in subsection (b), by striking ``Notwithstanding'' and
inserting ``Except as provided in subsection (c), and
notwithstanding''; and
(B) by adding at the end the following:
``(c) Notwithstanding any other provision of this
subchapter, the Administration shall provide to individuals
appointed to any position described in section 7421(b) who
are employed by the Administration family and medical leave
in the same manner, to the maximum extent practicable, as
family and medical leave is provided under subchapter V of
chapter 63 of title 5 to employees, as defined in section
6381(1) of such title.''.
(2) Applicability.--The amendments made by paragraph (1)
shall not be effective with respect to any event for which
leave may be taken under subchapter V of chapter 63 of title
5, United States Code, occurring before October 1, 2020.
(e) Article I Judges.--
(1) Bankruptcy judges.--Section 153(d) of title 28, United
States Code, is amended--
(A) by striking ``A bankruptcy judge'' and inserting ``(1)
Except as provided in paragraph (2), a bankruptcy judge'';
and
(B) by adding at the end the following:
``(2) The provisions of subchapter V of chapter 63 of title
5 shall apply to a bankruptcy judge as if the bankruptcy
judge were an employee (within the meaning of subparagraph
(A) of section 6381(1) of such title).''.
(2) Magistrate judges.--Section 631(k) of title 28, United
States Code, is amended--
(A) by striking ``A United States magistrate judge'' and
inserting ``(1) Except as provided in paragraph (2), a United
States magistrate judge''; and
(B) by adding at the end the following:
``(2) The provisions of subchapter V of chapter 63 of title
5 shall apply to a United States magistrate judge as if the
United States magistrate judge were an employee (within the
meaning of subparagraph (A) of section 6381(1) of such
title).''.
(3) Applicability.--The amendments made by this subsection
shall not be effective with respect to any birth or placement
occurring before October 1, 2020.
(f) Technical Corrections.--
(1) Section 7605 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92) is amended by
striking ``on active duty'' each place it appears and
inserting ``on covered active duty''.
(2) Subparagraph (E) of section 6382(d)(2) of title 5,
United States Code, as added by section 7602 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92), is amended by striking ``the requirement to
complete'' and all that follows and inserting ``the service
requirement under subparagraph (B) of section 6381(1).''.
(3) Section 202(d)(2)(B) of the Congressional
Accountability Act of 1995 (2 U.S.C. 1312(d)(2)(B)), as
amended by section 7603 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92), is amended by
inserting ``accrued'' before ``sick leave''.
(g) Effective Date.--The amendments made by this section
shall take effect as if enacted immediately after the
enactment of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92).
SEC. 1102. LIMITATION ON AUTHORITY TO EXCLUDE EMPLOYEES FROM
CHAPTER 71 OF TITLE 5.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2021 for the
Department of Defense may be used to carry out the authority
provided under section 7103(b) of title 5, United States
Code, to exclude the Department of Defense or any agency or
subdivision thereof from coverage under chapter 71 of such
title.
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.
(a) Travel and Transportation Allowances.--
(1) In general.--Subchapter II of chapter 75 of title 10,
United States Code, is amended by adding at the end the
following new section:
``Sec. 1492. Authority to provide travel and transportation
allowances in connection with transfer ceremonies of
department of defense and coast guard civilian employees
who die overseas
``The Secretary of the military department concerned, the
agency head of a Defense Agency or Department of Defense
Field Activity, or the Secretary of Homeland Security, as
appropriate, may provide round trip travel and transportation
allowances in connection with ceremonies for the transfer of
a Department of Defense or Coast Guard civilian employee who
dies while located or serving overseas to eligible relatives
and provide for the accompaniment of such persons to the same
extent as the Secretary of Defense may provide such travel
and transportation allowances and accompaniment services to
such persons with respect to a deceased service member under
chapter 8 of title 37.''.
(2) Clerical amendment.--The table of contents at the
beginning of such subchapter is amended by adding at the end
the following new item:
``1492. Authority to provide travel and transportation allowances in
connection with transfer ceremonies of department of
defense and coast guard civilian employees who die
overseas.''.
(b) Technical Amendments.--Section 481f(d) of title 37,
United States Code, is amended--
(1) in the subsection heading, by striking ``Transportation
to'' and inserting ``Travel and Transportation Allowances in
Connection With''; and
(2) in paragraph (1) in the matter preceding subparagraph
(A), by striking ``transportation to'' and inserting ``travel
and transportation allowances in connection with''.
SEC. 1104. ONE-YEAR EXTENSION OF AUTHORITY TO WAIVE ANNUAL
LIMITATION ON PREMIUM PAY AND AGGREGATE
LIMITATION ON PAY FOR FEDERAL CIVILIAN
EMPLOYEES WORKING OVERSEAS.
Subsection (a) of section 1101 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4615), as most recently
amended by section 1105 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92), is further
amended by striking ``through 2020'' and inserting ``through
2021''.
SEC. 1105. ONE-YEAR EXTENSION OF TEMPORARY AUTHORITY TO GRANT
ALLOWANCES, BENEFITS, AND GRATUITIES TO
CIVILIAN PERSONNEL ON OFFICIAL DUTY IN A COMBAT
ZONE.
Paragraph (2) of section 1603(a) of the Emergency
Supplemental Appropriations Act for Defense, the Global War
on Terror, and Hurricane Recovery, 2006 (Public Law 109-234;
120 Stat. 443), as added by section 1102 of the Duncan Hunter
National Defense Authorization Act for Fiscal Year 2009
(Public Law 110-417; 122 Stat. 4616) and as most recently
amended by section 1104 of the National Defense Authorization
Act for Fiscal Year 2020 (Public Law 116-92), is further
amended by striking ``2021'' and inserting ``2022''.
SEC. 1106. LIMITING THE NUMBER OF LOCAL WAGE AREAS DEFINED
WITHIN A PAY LOCALITY.
(a) Local Wage Area Limitation.--Section 5343(a) of title
5, United States Code, is amended--
(1) in paragraph (1)(B)(i), by striking ``(but such'' and
all that follows through ``are employed)'';
(2) in paragraph (4), by striking ``and'' after the
semicolon;
(3) in paragraph (5), by striking the period at the end and
inserting ``; and''; and
(4) by adding at the end of the following:
``(6) the Office of Personnel Management may define not
more than 1 local wage area within a pay locality, except
that this paragraph shall not apply to the pay locality
designated as `Rest of United States'.''.
(b) Pay Locality Defined.--Section 5342(a) of title 5,
United States Code, is amended--
(1) in paragraph (2)(C), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period at the end and
inserting ``; and''; and
(3) by adding at the end the following:
``(4) `pay locality' has the meaning given that term under
section 5302(5).''.
(c) Regulations.--The Director of the Office of Personnel
Management shall prescribe any regulations necessary to carry
out this section and the amendments made by this section,
including regulations to ensure that this section and the
amendments made by this section shall not have the effect of
reducing any rate of basic pay payable to any individual who
is serving as a prevailing rate employee (as defined under
section 5342(a)(2) of title 5, United States Code).
(d) Effective Date.--This section and the amendments made
by this section shall apply with respect to fiscal year 2022
and each fiscal year thereafter.
SEC. 1107. CIVILIAN FACULTY AT THE DEFENSE SECURITY
COOPERATION UNIVERSITY AND INSTITUTE OF
SECURITY GOVERNANCE.
Section 1595(c) of title 10, United States Code, is amended
by adding at the end the following:
``(6) The Defense Security Cooperation University.
``(7) The Defense Institute for Security Governance.''.
SEC. 1108. EXPANSION OF AUTHORITY FOR APPOINTMENT OF
RECENTLY-RETIRED MEMBERS OF THE ARMED FORCES TO
POSITIONS AT CERTAIN INDUSTRIAL BASE
FACILITIES.
(a) In General.--Subsection (b) of section 3326 of title 5,
United States Code, is amended--
(1) in paragraph (1), by striking ``or'' at the end;
(2) in paragraph (2), by striking the period at the end and
inserting ``; or''; and
(3) by adding at the end the following:
``(3) the proposed appointment is to a position in the
competitive service--
``(A) at any industrial base facility (as that term is
defined in section 2208(u)(3) of title 10) that is part of
the core logistics capabilities (as described in section
2464(a) of such title); and
``(B) that has been certified by the Secretary concerned as
lacking sufficient numbers of qualified applicants.''.
[[Page H3191]]
(b) Limitation on Delegation of Certification Authority.--
Such section 3326 is further amended by adding at the end the
following:
``(d) The authority to make a certification described in
subsection (b)(3) may not be delegated to an individual with
a grade lower than colonel, or captain in the Navy, or an
inriviaul with an equivalent civilian grade.''.
(c) Sense of Congress.--It is the sense of Congress that
the amendments made by subsections (a) and (b) shall
supplement, and not provide any exception to, the competitive
hiring process for the Federal civil service.
SEC. 1109. FIRE FIGHTERS ALTERNATIVE WORK SCHEDULE
DEMONSTRATION PROJECT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Commander, Navy Region Mid-
Atlantic, shall establish and carry out, for a period of not
less than 5 years, a Fire Fighters Alternative Work Schedule
demonstration project for the Navy Region Mid-Atlantic Fire
and Emergency Services. Such demonstration project shall
provide, with respect to each Services employee, that--
(1) assignments to tours of duty are scheduled in advance
over periods of not less than two weeks;
(2) tours of duty are scheduled using a regularly recurring
pattern of 48-hour shifts followed by 48 or 72 consecutive
non-work hours, as determined by mutual agreement between the
Navy Region Mid-Atlantic and the exclusive employee
representative at each Navy Region Mid-Atlantic Installation,
in such a manner that each employee is regularly scheduled
for 144-hours in any two-week period;
(3) for any such employee that is a fire fighter working an
alternative work schedule, such employee shall earn overtime
compensation in a manner consistent with other applicable law
and regulation;
(4) no right shall be established to any form of premium
pay, including night, Sunday, holiday, or hazard duty pay;
and
(5) leave accrual and use shall be consistent with other
applicable law and regulation.
(b) Report.--Not later than 180 days following the end of
such demonstration project, the Commander, Navy Region Mid-
Atlantic, shall submit a report to the Committees on Armed
Services of the House of Representatives and the Senate
detailing--
(1) any financial savings or expenses directly and
inseparably linked to the demonstration project;
(2) any intangible quality of life and morale improvements
achieved by the demonstration project; and
(3) any adverse impact of the demonstration project
occurring solely as the result of the transition to the
demonstration project.
SEC. 1110. SPECIAL RULES FOR CERTAIN MONTHLY WORKERS'
COMPENSATION PAYMENTS AND OTHER PAYMENTS FOR
FEDERAL GOVERNMENT PERSONNEL UNDER CHIEF OF
MISSION AUTHORITY.
Section 901 of title IX of division J of the Further
Consolidated Appropriations Act, 2020 (Public Law 116-94; 22
U.S.C. 2680b) is amended--
(1) in subsection (a), by inserting ``or the head of any
other Federal agency'' after ``The Secretary of State'';
(2) in subsection (e)(2)--
(A) by striking ``the Department of State'' and inserting
``the Federal Government''; and
(B) by inserting after ``subsection (f)'' the following:
``, but does not include an individual receiving compensation
under section 19A of the Central Intelligence Agency Act of
1949 (50 U.S.C. 3519b)''; and
(3) in subsection (h)(2), by striking the first sentence
and inserting the following: ``Nothing in this section shall
limit, modify, or otherwise supersede chapter 81 of title 5,
United States Code, the Defense Base Act (42 U.S.C. 1651 et
seq.), or section 19A of the Central Intelligence Agency Act
of 1949 (50 U.S.C. 3519b).''.
Subtitle B--Elijah E. Cummings Federal Employee Antidiscrimination Act
of 2020
SEC. 1121. SHORT TITLE.
This subtitle may be cited as the ``Elijah E. Cummings
Federal Employee Antidiscrimination Act of 2020''.
SEC. 1122. SENSE OF CONGRESS.
Section 102 of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301
note) is amended--
(1) by striking paragraph (4) and inserting the following:
``(4) accountability in the enforcement of the rights of
Federal employees is furthered when Federal agencies agree to
take appropriate disciplinary action against Federal
employees who are found to have intentionally committed
discriminatory (including retaliatory) acts;''; and
(2) in paragraph (5)(A)--
(A) by striking ``nor is accountability'' and inserting
``accountability is not''; and
(B) by inserting ``for what, by law, the agency is
responsible'' after ``under this Act''.
SEC. 1123. NOTIFICATION OF VIOLATION.
Section 202 of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301
note) is amended by adding at the end the following:
``(d) Notification of Final Agency Action.--
``(1) In general.--Not later than 90 days after the date on
which an event described in paragraph (2) occurs with respect
to a finding of discrimination (including retaliation), the
head of the Federal agency subject to the finding shall
provide notice--
``(A) on the public internet website of the agency, in a
clear and prominent location linked directly from the home
page of that website;
``(B) stating that a finding of discrimination (including
retaliation) has been made; and
``(C) which shall remain posted for not less than 1 year.
``(2) Events described.--An event described in this
paragraph is any of the following:
``(A) All appeals of a final action by a Federal agency
involving a finding of discrimination (including retaliation)
prohibited by a provision of law covered by paragraph (1) or
(2) of section 201(a) have been exhausted.
``(B) All appeals of a final decision by the Equal
Employment Opportunity Commission involving a finding of
discrimination (including if the finding included a finding
of retaliation) prohibited by a provision of law covered by
paragraph (1) or (2) of section 201(a) have been exhausted.
``(C) A court of jurisdiction issues a final judgment
involving a finding of discrimination (including retaliation)
prohibited by a provision of law covered by paragraph (1) or
(2) of section 201(a).
``(3) Contents.--A notification provided under paragraph
(1) with respect to a finding of discrimination (including
retaliation) shall--
``(A) identify the date on which the finding was made, the
date on which each discriminatory act occurred, and the law
violated by each such discriminatory act; and
``(B) advise Federal employees of the rights and
protections available under the provisions of law covered by
paragraphs (1) and (2) of section 201(a).''.
SEC. 1124. REPORTING REQUIREMENTS.
(a) Electronic Format Requirement.--
(1) In general.--Section 203(a) of the Notification and
Federal Employee Antidiscrimination and Retaliation Act of
2002 (5 U.S.C. 2301 note) is amended in the matter preceding
paragraph (1)--
(A) by inserting ``Homeland Security and'' before
``Governmental Affairs'';
(B) by striking ``on Government Reform'' and inserting ``on
Oversight and Reform''; and
(C) by inserting ``(in an electronic format prescribed by
the Director of the Office of Personnel Management),'' after
``an annual report''.
(2) Effective date.--The amendment made by paragraph (1)(C)
shall take effect on the date that is 1 year after the date
of enactment of this Act.
(3) Transition period.--Notwithstanding the requirements of
section 203(a) of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301
note), the report required under such section 203(a) may be
submitted in an electronic format, as prescribed by the
Director of the Office of Personnel Management, during the
period beginning on the date of enactment of this Act and
ending on the effective date in paragraph (2).
(b) Reporting Requirement for Disciplinary Action.--Section
203 of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301
note) is amended by adding at the end the following:
``(c) Disciplinary Action Report.--Not later than 120 days
after the date on which a Federal agency takes final action,
or a Federal agency receives a final decision issued by the
Equal Employment Opportunity Commission, involving a finding
of discrimination (including retaliation) in violation of a
provision of law covered by paragraph (1) or (2) of section
201(a), as applicable, the applicable Federal agency shall
submit to the Commission a report stating--
``(1) whether disciplinary action has been proposed against
a Federal employee as a result of the violation; and
``(2) the reasons for any disciplinary action proposed
under paragraph (1).''.
SEC. 1125. DATA TO BE POSTED BY EMPLOYING FEDERAL AGENCIES.
Section 301(b) of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301
note) is amended--
(1) in paragraph (9)--
(A) in subparagraph (A), by striking ``and'' at the end;
(B) in subparagraph (B)(ii), by striking the period at the
end and inserting ``, and''; and
(C) by adding at the end the following:
``(C) with respect to each finding described in
subparagraph (A)--
``(i) the date of the finding,
``(ii) the affected Federal agency,
``(iii) the law violated, and
``(iv) whether a decision has been made regarding
disciplinary action as a result of the finding.''; and
(2) by adding at the end the following:
``(11) Data regarding each class action complaint filed
against the agency alleging discrimination (including
retaliation), including--
``(A) information regarding the date on which each
complaint was filed,
``(B) a general summary of the allegations alleged in the
complaint,
``(C) an estimate of the total number of plaintiffs joined
in the complaint, if known,
``(D) the current status of the complaint, including
whether the class has been certified, and
``(E) the case numbers for the civil actions in which
discrimination (including retaliation) has been found.''.
SEC. 1126. DATA TO BE POSTED BY THE EQUAL EMPLOYMENT
OPPORTUNITY COMMISSION.
Section 302(b) of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301
note) is amended by striking ``(10)'' and inserting ``(11)''.
SEC. 1127. NOTIFICATION AND FEDERAL EMPLOYEE
ANTIDISCRIMINATION AND RETALIATION ACT OF 2002
AMENDMENTS.
(a) Notification Requirements.--Title II of the
Notification and Federal Employee Antidiscrimination and
Retaliation Act of 2002 (5
[[Page H3192]]
U.S.C. 2301 note) is amended by adding at the end the
following:
``SEC. 207. COMPLAINT TRACKING.
``Not later than 1 year after the date of enactment of the
Elijah E. Cummings Federal Employee Antidiscrimination Act of
2020, each Federal agency shall establish a system to track
each complaint of discrimination arising under section
2302(b)(1) of title 5, United States Code, and adjudicated
through the Equal Employment Opportunity process from the
filing of a complaint with the Federal agency to resolution
of the complaint, including whether a decision has been made
regarding disciplinary action as the result of a finding of
discrimination.
``SEC. 208. NOTATION IN PERSONNEL RECORD.
``If a Federal agency takes an adverse action covered under
section 7512 of title 5, United States Code, against a
Federal employee for an act of discrimination (including
retaliation) prohibited by a provision of law covered by
paragraph (1) or (2) of section 201(a), the agency shall,
after all appeals relating to that action have been
exhausted, include a notation of the adverse action and the
reason for the action in the personnel record of the
employee.''.
(b) Processing and Referral.--The Notification and Federal
Employee Antidiscrimination and Retaliation Act of 2002 (5
U.S.C. 2301 note) is amended by adding at the end the
following:
``TITLE IV--PROCESSING AND REFERRAL
``SEC. 401. PROCESSING AND RESOLUTION OF COMPLAINTS.
``Each Federal agency shall--
``(1) be responsible for the fair and impartial processing
and resolution of complaints of employment discrimination
(including retaliation) prohibited by a provision of law
covered by paragraph (1) or (2) of section 201(a); and
``(2) establish a model Equal Employment Opportunity
Program that--
``(A) is not under the control, either structurally or
practically, of the agency's Office of Human Capital or
Office of the General Counsel (or the equivalent);
``(B) is devoid of internal conflicts of interest and
ensures fairness and inclusiveness within the agency; and
``(C) ensures the efficient and fair resolution of
complaints alleging discrimination (including retaliation).
``SEC. 402. NO LIMITATION ON ADVICE OR COUNSEL.
``Nothing in this title shall prevent a Federal agency or a
subcomponent of a Federal agency, or the Department of
Justice, from providing advice or counsel to employees of
that agency (or subcomponent, as applicable) in the
resolution of a complaint.
``SEC. 403. HEAD OF PROGRAM SUPERVISED BY HEAD OF AGENCY.
``The head of each Federal agency's Equal Employment
Opportunity Program shall report directly to the head of the
agency.
``SEC. 404. REFERRALS OF FINDINGS OF DISCRIMINATION.
``(a) Eeoc Findings of Discrimination.--
``(1) In general.--Not later than 30 days after the date on
which the Equal Employment Opportunity Commission (referred
to in this section as the `Commission') receives, or should
have received, a Federal agency report required under section
203(c), the Commission may refer the matter to which the
report relates to the Office of Special Counsel if the
Commission determines that the Federal agency did not take
appropriate action with respect to the finding that is the
subject of the report.
``(2) Notifications.--The Commission shall--
``(A) notify the applicable Federal agency if the
Commission refers a matter to the Office of Special Counsel
under paragraph (1); and
``(B) with respect to a fiscal year, include in the Annual
Report of the Federal Workforce of the Commission covering
that fiscal year--
``(i) the number of referrals made under paragraph (1)
during that fiscal year; and
``(ii) a brief summary of each referral described in clause
(i).
``(b) Referrals to Special Counsel.--The Office of Special
Counsel shall accept and review a referral from the
Commission under subsection (a)(1) for purposes of pursuing
disciplinary action under the authority of the Office against
a Federal employee who commits an act of discrimination
(including retaliation).
``(c) Notification.--The Office of Special Counsel shall
notify the Commission and the applicable Federal agency in a
case in which--
``(1) the Office of Special Counsel pursues disciplinary
action under subsection (b); and
``(2) the Federal agency imposes some form of disciplinary
action against a Federal employee who commits an act of
discrimination (including retaliation).
``(d) Special Counsel Approval.--A Federal agency may not
take disciplinary action against a Federal employee for an
alleged act of discrimination (including retaliation)
referred by the Commission under this section, except in
accordance with the requirements of section 1214(f) of title
5, United States Code.''.
(c) Conforming Amendments.--The table of contents in
section 1(b) of the Notification and Federal Employee
Antidiscrimination and Retaliation Act of 2002 (5 U.S.C. 2301
note) is amended--
(1) by inserting after the item relating to section 206 the
following:
``Sec. 207. Complaint tracking.
``Sec. 208. Notation in personnel record.''; and
(2) by adding at the end the following:
``TITLE IV--PROCESSING AND REFERRAL
``Sec. 401. Processing and resolution of complaints.
``Sec. 402. No limitation on advice or counsel.
``Sec. 403. Head of Program supervised by head of agency.
``Sec. 404. Referrals of findings of discrimination.''.
SEC. 1128. NONDISCLOSURE AGREEMENT LIMITATION.
Section 2302(b)(13) of title 5, United States Code, is
amended--
(1) by striking ``agreement does not'' and inserting the
following: ``agreement--
``(A) does not'';
(2) in subparagraph (A), as so designated, by inserting
``or the Office of Special Counsel'' after ``Inspector
General''; and
(3) by adding at the end the following:
``(B) prohibits or restricts an employee or applicant for
employment from disclosing to Congress, the Special Counsel,
the Inspector General of an agency, or any other agency
component responsible for internal investigation or review
any information that relates to any violation of any law,
rule, or regulation, or mismanagement, a gross waste of
funds, an abuse of authority, or a substantial and specific
danger to public health or safety, or any other whistleblower
protection; or''.
TITLE XII--MATTERS RELATING TO FOREIGN NATIONS
Subtitle A--Assistance and Training
SEC. 1201. MODIFICATION AND EXTENSION OF SUPPORT OF SPECIAL
OPERATIONS FOR IRREGULAR WARFARE.
(a) Authority.--Subsection (a) of section 1202 of the
National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1639) is amended--
(1) by striking ``$10,000,000'' and inserting
``$15,000,000''; and
(2) by striking ``2023'' and inserting ``2025''.
(b) Notification.--Subsection (d)(2) of such section is
amended--
(1) by redesignating subparagraph (E) as subparagraph (G);
(2) by inserting after subparagraph (D) the following:
``(E) A description of steps taken to ensure the support is
consistent with other United States diplomatic and security
interests, including issues related to local political
dynamics, civil-military relations, and human rights.
``(F) A description of steps taken to ensure that the
recipients of the support have not and will not engage in
human rights violations or violations of the Geneva
Conventions of 1949, including vetting, training, and support
for adequately investigating allegations of violations and
removing support in case of credible reports of
violations.''; and
(3) in clause (i) of subparagraph (G), as redesignated, to
read as follows:
``(i) An introduction of United States Armed Forces
(including as such term is defined in section 8(c) of the War
Powers Resolution (50 U.S.C. 1547(c))) into hostilities, or
into situations where hostilities are clearly indicated by
the circumstances, without specific statutory authorization
within the meaning of section 5(b) of such Resolution (50
U.S.C. 1544(b)).''.
(c) Construction of Authority.--Subsection (f)(2) of such
section is amended by striking ``of section 5(b)''.
(d) Clarification.--Such section, as so amended, is further
amended--
(1) by redesignating subsections (g), (h), and (i) as
subsections (h), (i), and (j), respectively; and
(2) by inserting after subsection (f) the following:
``(g) Clarification.--The provision of support to foreign
forces, irregular forces, groups, or individuals pursuant to
subsection (a) constitutes support to a unit of a foreign
security force for purposes of section 362 of title 10,
United States Code.''.
SEC. 1202. DEPARTMENT OF DEFENSE PARTICIPATION IN EUROPEAN
PROGRAM ON MULTILATERAL EXCHANGE OF SURFACE
TRANSPORTATION SERVICES.
(a) In General.--Subchapter II of chapter 138 of title 10,
United States Code, is amended by adding at the end the
following:
``Sec. 2350o. Participation in European Program on
Multilateral Exchange of Surface Transportation Services
``(a) Participation Authorized.--(1) The Secretary of
Defense may, with the concurrence of the Secretary of State,
authorize the participation of the United States in the
Surface Exchange of Services program (in this section
referred to as the `SEOS program') of the Movement
Coordination Centre Europe.
``(2) Participation in the SEOS program under paragraph (1)
may include--
``(A) the reciprocal exchange or transfer of surface
transportation on a reimbursable basis or by replacement-in-
kind; or
``(B) the exchange of surface transportation services of
equal value.
``(b) Written Arrangements or Agreements.--(1) The
participation of the United States in the SEOS program under
subsection (a) shall be in accordance with a written
arrangement or agreement entered into by the Secretary of
Defense, with the concurrence of the Secretary of State, and
the Movement Coordination Centre Europe.
``(2) If facilities, equipment, or funds of the Department
of Defense are used to support the SEOS program, the written
arrangement or agreement entered into under paragraph (1)
shall specify the details of any equitable cost sharing or
other funding arrangement.
``(3) Any written arrangement or agreement entered into
under paragraph (1) shall require that any accrued credits
and liabilities resulting from an unequal exchange or
transfer of surface transportation services shall be
liquidated, not less than once every five years, through the
SEOS program.
``(c) Implementation.--In carrying out any arrangement or
agreement entered into under subsection (b)(1), the Secretary
of Defense may--
``(1) from funds available to the Department of Defense for
operation and maintenance, pay
[[Page H3193]]
the equitable share of the United States for the operating
expenses of the Movement Coordination Centre Europe and the
SEOS program; and
``(2) assign members of the armed forces or civilian
personnel of the Department of Defense, from among members
and personnel within billets authorized for the United States
European Command, to duty at the Movement Coordination Centre
Europe as necessary to fulfill the obligations of the United
States under that arrangement or agreement.
``(d) Crediting of Receipts.--Any amount received by the
United States as part of the SEOS program shall be credited,
at the option of the Secretary of Defense, to--
``(1) the appropriation, fund, or account used in incurring
the obligation for which such amount is received; or
``(2) an appropriate appropriation, fund, or account
currently available for the purposes for which the
expenditures were made.
``(e) Expiration.--The authority provided by this section
to participate in the SEOS program shall expire five years
after the date on which the Secretary of Defense first enters
into a written arrangement or agreement under subsection (b).
The Secretary shall publish notice of such date on a public
website of the Department of Defense.
``(f) Limitation on Statutory Construction.--Nothing in
this section may be construed to authorize the use of foreign
sealift in violation of section 2631 of this title.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such subchapter is amended by adding at the end
the following new item:
``2350o. 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.
Section 1276 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 131 Stat. 1699) is
amended--
(1) in subsection (b)(2)--
(A) in subparagraph(A), by adding at the end the following:
``Such description may include, if applicable, a description
of the priority United States security or defense cooperation
interest with the recipient country that is fulfilled by the
waiver.''; and
(B) by striking subparagraph (B) and inserting the
following:
``(B) An explanation of why it is in the national interests
of the United States to make the transfer notwithstanding the
requirements of subsection (a)(1).''; and
(2) in subsection (c)(2), by striking ``three'' and
inserting ``five''.
SEC. 1204. MODIFICATION AND EXTENSION OF UPDATE OF DEPARTMENT
OF DEFENSE FREEDOM OF NAVIGATION REPORT.
(a) In General.--Subsection (a) of section 1275 of the
National Defense Authorization Act for Fiscal Year 2017
(Public Law 114-328; 130 Stat. 2540) is amended--
(1) by striking ``an annual basis'' and inserting ``a
biannual basis''; and
(2) by striking ``the previous year'' and inserting ``the
previous 6 months''.
(b) Elements.--Subsection (b) of such section is amended--
(1) in the matter preceding paragraph (1), by striking
``the year'' and inserting ``the period'';
(2) in paragraph (1), by inserting ``the number of maritime
and overflight challenges to each such claim and'' before
``the country'';
(3) in paragraph (5), by inserting ``have been protested by
the United States but'' before ``have not been challenged'';
and
(4) by adding at the end the following:
``(6) A summary of each excessive maritime claim challenged
jointly with international partners and allies.''.
(c) Form.--Subsection (c) of such section is amended by
adding at the end before the period the following: ``and made
publicly available''.
(d) Sunset.--Subsection (d) of such section is amended by
striking ``December 31, 2021'' and inserting ``December 31,
2025''.
(e) Conforming Amendment.--The heading of such section is
amended by striking ``annual'' and inserting ``biannual''.
SEC. 1205. EXTENSION OF REPORT ON WORKFORCE DEVELOPMENT.
Section 1250(b)(1) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2529)
is amended by striking ``through 2021'' and inserting
``through 2026''.
Subtitle B--Matters Relating to Afghanistan and Pakistan
SEC. 1211. EXTENSION AND MODIFICATION OF AUTHORITY FOR
REIMBURSEMENT OF CERTAIN COALITION NATIONS FOR
SUPPORT PROVIDED TO UNITED STATES MILITARY
OPERATIONS.
(a) Extension.--Subsection (a) of section 1233 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 393) is amended by striking
``October 1, 2019, and ending on December 31, 2020'' and
inserting ``October 1, 2020, and ending on December 31,
2021''.
(b) Modification to Limitation.--Subsection (d)(1) of such
section is amended--
(1) by striking ``October 1, 2019, and ending on December
31, 2020'' and inserting ``October 1, 2020, and ending on
December 31, 2021''; and
(2) by striking ``$450,000,000'' and inserting
``$180,000,000''.
SEC. 1212. EXTENSION OF THE AFGHAN SPECIAL IMMIGRANT VISA
PROGRAM.
(a) In General.--Section 602(b)(3)(F) of the Afghan Allies
Protection Act of 2009 (8 U.S.C. 1101 note) is amended--
(1) in the heading, by striking ``2020'' and inserting
``2021'';
(2) in clause (i), by striking ``December 31, 2021'' and
inserting ``December 31, 2022''; and
(3) in clause (ii), the striking ``December 31, 2021''
inserting ``December 31, 2022''.
(b) Report Extension.--Section 602(b)(13) of such Act (8
U.S.C. 1101 note) is amended by striking ``January 31, 2021''
and inserting ``January 31, 2023''.
SEC. 1213. LIMITATION ON USE OF FUNDS TO REDUCE DEPLOYMENT TO
AFGHANISTAN.
(a) Sense of Congress.--It is the sense of Congress that--
(1) it is in the national security interests of the United
States to deny terrorists safe haven in Afghanistan, protect
the United States homeland, uphold the United States
partnership with the Government of Afghanistan and
cooperation with the Afghan National Defense and Security
Forces, and protect the hard-fought rights of women, girls,
and other vulnerable populations in Afghanistan;
(2) a rapid military drawdown and a lack of United States
commitment to the security and stability of Afghanistan would
undermine diplomatic efforts for peace;
(3) the current agreement between the United States and the
Taliban does not provide for the appropriate protections for
vulnerable populations, does not create conditions for the
rejection of violence and prevention of terrorist safe
havens, and does not represent a realistic diplomatic
solution, based on verifiable facts and conditions on the
ground, that provides for long-term stability; and
(4) the Administration has a constitutional obligation to
provide Congress with timely and comprehensive information on
the status of security operations and diplomatic efforts in a
form that can be transparently communicated to the American
people.
(b) Limitation.--Until the date on which the Secretary of
Defense, in concurrence with each covered official, submits
the report described in subsection (c) to the appropriate
congressional committees, none of the amounts authorized to
be appropriated for fiscal year 2020 or 2021 for the
Department of Defense may be obligated or expended for any
activity having either of the following effects:
(1) Reducing the total number of Armed Forces deployed to
Afghanistan below the lesser of--
(A) 8,000, or
(B) the total number of the Armed Forces deployed as of the
date of the enactment of this Act.
(2) Reducing the total number of Armed Forces deployed to
Afghanistan below 4,000.
(c) Report.--The report described in this subsection shall
include each of the following:
(1) A certification that the intended withdrawal of the
United States Armed Forces in Afghanistan--
(A) will not compromise or otherwise negatively affect the
ongoing United States counterterrorism mission against the
Islamic State, al-Qaeda, and associated forces;
(B) will not unduly increase the risk to United States
personnel in Afghanistan;
(C) will not increase the risk for the expansion of
existing or formation of new terrorist safe havens inside
Afghanistan;
(D) will be undertaken with the consultation and
coordination of allies supporting the United States- and
North Atlantic Treaty Organization-led missions; and
(E) is in the best interest of United States national
security and in furtherance of United States policy toward
Afghanistan for achieving an enduring diplomatic solution.
(2) An analysis of the impact that the intended withdrawal
of United States Armed Forces from Afghanistan would have on
each of the following:
(A) The threat posed by the Taliban and terrorist
organizations, including by each covered terrorist
organization, to--
(i) the United States homeland;
(ii) United States interests abroad;
(iii) allied countries of the North Atlantic Treaty
Organization;
(iv) the Government of Afghanistan; and
(v) regional peace and security.
(B) The status of the human and civil rights (including
access to voting, education, justice, and economic
opportunities) of women, girls, people with disabilities,
religious and ethnic minorities, and other vulnerable
populations in Afghanistan.
(C) Transparent, credible, and inclusive political
processes in Afghanistan.
(D) The capacity of the Afghan National Defense and
Security Forces to effectively--
(i) prevent or defend against attacks by the Taliban or by
terrorist organizations (including by each covered terrorist
organization) on civilian populations;
(ii) prevent the takeover of one or more provincial
capitals by the Taliban or by associated organizations;
(iii) conduct counterterrorism operations necessary to deny
safe harbor to terrorist organizations, including each
covered terrorist organization; and
(iv) maintain institutional order and discipline.
(E) The influence of malign state actors on the sovereignty
of Afghanistan and the strategic national security interests
of the United States in the region.
(F) Any other matter the Secretary of Defense, in
concurrence with each covered official, determines
appropriate.
(3) An assessment of the manner and extent to which--
(A) state actors have provided any incentives to the
Taliban, their affiliates, or other foreign terrorist
organizations for attacks against United States, coalition,
or Afghan security forces or civilians in Afghanistan in the
last 2 years, including the details of any attacks believed
to have been connected with such incentives;
[[Page H3194]]
(B) the Taliban has publicly renounced al-Qaeda;
(C) the Taliban has made any efforts to break with al-Qaeda
since February 29, 2020, and a description of these efforts;
(D) any senior al-Qaeda leaders, including Ayman al-
Zawahiri, or any leaders of al-Qaeda in the Indian
Subcontinent, have been present in Afghanistan since February
29, 2020, and if so, the names of the leaders, the dates they
were present in Afghanistan, and their other locations since
February 29, 2020;
(E) any members of al-Qaeda, al-Qaeda in the Indian
Subcontinent, al-Qaeda-affiliated groups, or any covered
terrorist organization have, since February 29, 2020--
(i) fought alongside, trained alongside, otherwise operated
alongside, or sheltered with the Taliban in Afghanistan;
(ii) conducted attacks inside Afghanistan, and, if so, the
dates and locations of such attacks;
(iii) operated training camps or related facilities inside
Afghanistan, and, if so, the locations of those camps or
facilities;
(iv) traveled from Afghanistan to Pakistan or Iran, or from
Pakistan or Iran to Afghanistan;
(v) continued to have ties to any Taliban leaders or
members located in Pakistan; or
(vi) continued to work with the Haqqani Network;
(F) any of the prisoners released by the Government of
Afghanistan as a result of the February 29, 2020, agreement
between the United States and Taliban--
(i) are members of, or have ties to, any covered terrorist
organizations or any other organization designated by the
United States as a foreign terrorist organization pursuant to
section 219 of the Immigration and Nationality Act (8 U.S.C.
1189) and, if so, the names of such former prisoners and the
reasons for their detention inside Afghanistan; or
(ii) are suspected of taking part in attacks against
American service members or civilians or attacks that caused
American casualties and, if so, the names of the prisoners,
the date and location of such attacks, and the number of
American casualties attributed to such attacks;
(G) any of the prisoners the Taliban has requested for
release, but who have not yet been released as of the date of
the enactment of this Act, are members of, or have ties to,
any covered terrorist organizations or any other organization
designated by the United States as a foreign terrorist
organization pursuant to section 219 of the Immigration and
Nationality Act (8 U.S.C. 1189) and, if so, the names of the
prisoners and the organizations to which they are affiliated;
and
(H) senior Taliban leaders, including members of the
Haqqani Network, who are located in Pakistan continue to
exercise control over the insurgency in Afghanistan.
(4) The number of attacks that the Taliban has carried out
in Afghanistan since February 29, 2020, including the
location and date of each attack as well as casualties
related to each attack.
(d) Form.--The report described in subsection (c) shall be
submitted in unclassified form without any designation
relating to dissemination control, but may contain a
classified annex that is accompanied by an unclassified
summary of the annex.
(e) Waiver.--The Secretary of Defense may waive the
limitation under subsection (b) if, in consultation with the
Chairman of the Joint Chiefs of Staff and the Commander of
United States Forces, Afghanistan, the Secretary--
(1) determines that the waiver is--
(A) necessary due to an imminent and extraordinary threat
to members of the United States Armed Forces in the
Afghanistan; or
(B) vital to the national security interests of the United
States; and
(2) submits to the appropriate congressional committees a
detailed, written justification for such waiver, not later
than 10 days after the effective date of the waiver; and
(3) in the case of a determination described in paragraph
(1)(A), includes in such justification each of the following:
(A) A detailed description of the change in threat
assessment leading to the determination.
(B) An explanation for the reasons for which existing force
protection mechanisms were not sufficient to reasonably
ensure the safety of members of the Armed Forces.
(C) The steps that have been taken to ensure that United
States equipment does not fall into enemy hands.
(D) A description of the coordination with allied countries
of the North Atlantic Treaty Organization and with other
allies and partners with respect to the withdrawal.
(E) A description of the coordination with the Department
of State to ensure the safety of American citizens in
Afghanistan in light of and subsequent to the withdrawal.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services of the House of
Representatives and the Committee on Armed Services of the
Senate;
(B) the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate; and
(C) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
(2) Covered official.--The term ``covered official''
means--
(A) the Secretary of State;
(B) the Director of National Intelligence;
(C) the Chairman of the Joint Chiefs of Staff;
(D) the Commander of United States Central Command;
(E) the Commander of United States Forces, Afghanistan; and
(F) the United States Permanent Representative to the North
Atlantic Treaty Organization.
(3) Covered terrorist organization.--The term ``covered
terrorist organization'' means any of the following:
(A) al-Qaeda and affiliates, including al-Qaeda in the
Indian Subcontinent.
(B) The Islamic State and affiliates.
(C) Tehrik-e Taliban Pakistan.
(D) The Haqqani Network.
(E) Islamic Movement of Uzbekistan.
(F) Eastern Turkistan Islamic Movement.
(G) Ansralluh.
(H) Lashkar-e-Tayyiba (including under the alias Jamaat-ud-
Dawa).
(I) Jaish-e-Mohammed.
(J) Harakat ul-Jihad-Islami.
(K) Harakat ul-Mujahidin.
(L) Jaysh al-Adl.
(M) Lashkar-i-Jhangvi.
(N) Mullah Nasir Group.
(O) Hafiz Gul Bahadar Group.
(P) Lashkar-i-Islam.
(Q) Islamic Jihad Union Group.
(R) Jamaat-ud-Dawa al Quran.
(S) Ansarul Islam.
SEC. 1214. REPORT ON OPERATION FREEDOM SENTINEL.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, and as part of the materials
relating to Operation Freedom Sentinel submitted to Congress
by the Secretary of Defense in support of the budget of the
President for the following two fiscal years, the Secretary
shall submit to the Committee on Armed Services of the House
of Representatives and the Committee on Armed Services of the
Senate a report on Operation Freedom Sentinel.
(b) Matters to Be Included.--The report required by
subsection (a) shall include a list and description of
activities, exercises, and funding amounts carried out under
the operation, including--
(1) specific direct war costs;
(2) activities that occur in Afghanistan;
(3) activities that occur outside of Afghanistan, including
training and costs relating to personnel;
(4) activities that provide funding to any of the services
that is part of the operation's budget request; and
(5) activities related to transportation, logistics, and
other support.
Subtitle C--Matters Relating to Syria, Iraq, and Iran
SEC. 1221. EXTENSION AND MODIFICATION OF AUTHORITY TO PROVIDE
ASSISTANCE TO COUNTER THE ISLAMIC STATE OF IRAQ
AND SYRIA.
(a) In General.--Subsection (a) of section 1236 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291;
128 Stat. 3558) is amended by striking ``December 31, 2020''
and inserting ``December 31, 2021''.
(b) Funding.--Subsection (g) of such section is amended--
(1) by striking ``fiscal year 2020'' and inserting ``fiscal
year 2021''; and
(2) by striking ``$645,000,000'' and inserting
``$500,000,000''.
(c) Waiver Authority; Scope.--Subsection (j)(3) of such
section is amended--
(1) by striking ``congressional defense committees'' each
place it appears and inserting ``appropriate congressional
committees''; and
(2) by adding at the end the following:
``(C) Appropriate congressional committees defined.--In
this paragraph, the term `appropriate congressional
committees' means--
``(i) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
``(ii) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.''.
(d) Annual Report.--Such section is amended by adding at
the end the following:
``(o) Annual Report.--Not later than 90 days after the date
of the enactment of this subsection, and annually thereafter
for two years, the Secretary of Defense shall submit to the
Committee on Armed Services of the House of Representatives
and the Committee on Armed Services of the Senate a report
that includes--
``(1) a detailed description of the weapons and equipment
purchased using the Counter-ISIS Train and Equip Fund in the
previous fiscal year; and
``(2) a detailed description of the incremental costs for
operations and maintenance for Operation Inherent Resolve in
the previous fiscal year.''.
(e) Budget Display Submission.--
(1) In general.--The Secretary of Defense shall include in
the budget materials submitted by the Secretary in support of
the budget of the President (as submitted to Congress
pursuant to section 1105 of title 31, United States Code) for
each of fiscal years 2022 and 2023 a detailed budget display
for funds requested for the Department of Defense for such
fiscal year for Operation Inherent Resolve.
(2) Matters to be included.--The detailed budget display
required under paragraph (1) shall include the following:
(A) With respect to procurement accounts--
(i) amounts displayed by account, budget activity, line
number, line item, and line item title; and
(ii) a description of the requirements for each such
amount.
(B) With respect to research, development, test, and
evaluation accounts--
(i) amounts displayed by account, budget activity, line
number, program element, and program element title; and
(ii) a description of the requirements for each such
amount.
(C) With respect to operation and maintenance accounts--
(i) amounts displayed by account title, budget activity
title, line number, and subactivity group title; and
[[Page H3195]]
(ii) a description of the specific manner in which each
such amount would be used.
(D) With respect to military personnel accounts--
(i) amounts displayed by account, budget activity, budget
subactivity, and budget subactivity title; and
(ii) a description of the requirements for each such
amount.
(E) With respect to each project under military
construction accounts (including with respect to unspecified
minor military construction and amounts for planning and
design), the country, location, project title, and project
amount for each fiscal year.
SEC. 1222. EXTENSION OF AUTHORITY TO PROVIDE ASSISTANCE TO
THE VETTED SYRIAN OPPOSITION.
(a) In General.--Subsection (a) of section 1209 of the Carl
Levin and Howard P. ``Buck'' McKeon National Defense
Authorization Act for Fiscal Year 2015 (Public Law 113-291;
128 Stat. 3451) is amended by striking ``December 31, 2020''
and inserting ``December 31, 2021''.
(b) Notice Before Provision of Assistance.--Subsection
(b)(2)(A) of such section is amended by striking ``fiscal
year 2019 or fiscal year 2020'' and inserting ``fiscal year
2019, fiscal year 2020, or fiscal year 2021''.
(c) Certification.--Not later than 30 days after the date
of the enactment of this Act, the Secretary of Defense shall
certify to the Committee on Armed Services and the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Armed Services and the Committee on Foreign
Relations of the Senate that no United States military forces
are being used or have been used for the extraction,
transport, transfer, or sale of oil from Syria.
SEC. 1223. EXTENSION OF AUTHORITY TO SUPPORT OPERATIONS AND
ACTIVITIES OF THE OFFICE OF SECURITY
COOPERATION IN IRAQ.
Section 1215 of the National Defense Authorization Act for
Fiscal Year 2012 (10 U.S.C. 113 note) is amended--
(1) in subsections (c) and (d), by striking ``fiscal year
2020'' each place it appears and inserting ``each of fiscal
years 2020 and 2021''; and
(2) in subsection (h), by striking ``Of the amount made
available for fiscal year 2020 to carry out section 1215 of
the National Defense Authorization Act for Fiscal Year 2012,
not more than $20,000,000'' and inserting ``Of the amounts
made available for fiscal years 2020 and 2021 to carry out
this section, not more than $20,000,000 for each such fiscal
year''.
SEC. 1224. PROHIBITION ON PROVISION OF WEAPONS AND OTHER
FORMS OF SUPPORT TO CERTAIN ORGANIZATIONS.
None of the funds authorized to be appropriated by this Act
or otherwise made available for the Department of Defense for
fiscal year 2021 may be used to knowingly provide weapons or
any other form of support to Al Qaeda, the Islamic State of
Iraq and Syria (ISIS), Jabhat Fateh al Sham, Hamas,
Hizballah, Palestine Islamic Jihad, al-Shabaab, Islamic
Revolutionary Guard Corps, or any individual or group
affiliated with any such organization.
SEC. 1225. CONSOLIDATED BUDGET DISPLAY AND REPORT ON
OPERATION SPARTAN SHIELD.
(a) Budget Display Submission.--
(1) In general.--The Secretary of Defense shall include in
the budget materials submitted by the Secretary in support of
the budget of the President (as submitted to Congress
pursuant to section 1105 of title 31, United States Code) for
each of fiscal years 2022 and 2023 a detailed budget display
for funds requested for the Department of Defense for such
fiscal year for Operation Spartan Shield and Iran deterrence-
related programs and activities of the Department of Defense
in the United States Central Command area of operation.
(2) Matters to be included.--The detailed budget display
required under paragraph (1) shall include the following:
(A) With respect to procurement accounts--
(i) amounts displayed by account, budget activity, line
number, line item, and line item title; and
(ii) a description of the requirements for each such
amount.
(B) With respect to research, development, test, and
evaluation accounts--
(i) amounts displayed by account, budget activity, line
number, program element, and program element title; and
(ii) a description of the requirements for each such
amount.
(C) With respect to operation and maintenance accounts--
(i) amounts displayed by account title, budget activity
title, line number, and subactivity group title; and
(ii) a description of the specific manner in which each
such amount would be used.
(D) With respect to military personnel accounts--
(i) amounts displayed by account, budget activity, budget
subactivity, and budget subactivity title; and
(ii) a description of the requirements for each such
amount.
(E) With respect to each project under military
construction accounts (including with respect to unspecified
minor military construction and amounts for planning and
design), the country, location, project title, and project
amount for each fiscal year.
(b) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter in
conjunction with the submission of the budget of President
(as submitted to Congress pursuant to section 1105 of title
31, United States Code) for each of fiscal years 2022 and
2023, the Secretary of Defense shall submit to the Committee
on Armed Services of the House of Representatives and the
Committee on Armed Services of the Senate a report on
Operation Spartan Shield.
(2) Matters to be included.--The report required by
paragraph (1) should include--
(A)(i) for the first report, a history of the operation and
its objectives; and
(ii) for each subsequent report, a description of the
operation and its objectives during the prior year;
(B) a list and description of significant activities and
exercises carried out under the operation during the prior
year;
(C) a description of the purpose and goals of such
activities and exercises and an assessment of the degree to
which stated goals were achieved during the prior year;
(D) a description of criteria used to judge the
effectiveness of joint exercises to build partner capacity
under the operation during the prior year;
(E) an identification of incremental and estimated total
costs of the operation during the prior year, including a
separate identification of incremental costs of increased
force presence in the United States Central Command area of
responsibility to counter Iran since May 2019; and
(F) any other matters the Secretary determines appropriate.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
SEC. 1226. SENSE OF CONGRESS ON PESHMERGA FORCES AS A PARTNER
IN OPERATION INHERENT RESOLVE.
It is the sense of Congress that--
(1) the Peshmerga of the Kurdistan Region of Iraq have
made, and continue to make, significant contributions to the
security of Northern Iraq, by defending nearly 650 miles of
critical terrain, to degrade, dismantle, and ultimately
defeat the Islamic State of Iraq and Syria (ISIS) in Iraq as
a partner in Operation Inherent Resolve;
(2) although ISIS has been severely degraded, their
ideology and combatants still linger and pose a threat of
resurgence if regional security is not sustained;
(3) a strong Peshmerga and Kurdistan Regional Government is
critical to maintaining a stable and tolerant Iraq in which
all faiths, sects, and ethnicities are afforded equal
protection under the law and full integration into the
Government and society of Iraq;
(4) continued security assistance, as appropriate, to the
Ministry of Peshmerga Affairs of the Kurdistan Region of Iraq
in support of counter-ISIS operations, in coordination with
the Government of Iraq, is critical to United States national
security interests; and
(5) continued United States support to the Peshmerga,
coupled with security sector reform in the region, will
enable them to more effectively partner with other elements
of the Iraqi Security Forces, the United States, and other
coalition members to consolidate gains, hold territory, and
protect infrastructure from ISIS and its affiliates in an
effort to deal a lasting defeat to ISIS and prevent its
reemergence in Iraq.
Subtitle D--Matters Relating to Russia
SEC. 1231. PROHIBITION ON AVAILABILITY OF FUNDS RELATING TO
SOVEREIGNTY OF THE RUSSIAN FEDERATION OVER
CRIMEA.
(a) Prohibition.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2021 for the Department of Defense may be
obligated or expended to implement any activity that
recognizes the sovereignty of the Russian Federation over
Crimea.
(b) Waiver.--The Secretary of Defense, with the concurrence
of the Secretary of State, may waive the restriction on the
obligation or expenditure of funds required by subsection (a)
if the Secretary of Defense--
(1) determines that to do so is in the national security
interest of the United States; and
(2) submits a notification of the waiver, at the time the
waiver is invoked, to the Committee on Armed Services and the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
SEC. 1232. EXTENSION OF LIMITATION ON MILITARY COOPERATION
BETWEEN THE UNITED STATES AND THE RUSSIAN
FEDERATION.
Section 1232(a) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2488), is
amended by striking ``, 2019, or 2020'' and inserting ``2019,
2020, or 2021''.
SEC. 1233. MODIFICATION AND EXTENSION OF UKRAINE SECURITY
ASSISTANCE INITIATIVE.
(a) In General.--Section 1250 of the National Defense
Authorization Act for Fiscal Year 2016 (Public Law 114-92;
129 Stat. 1068) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by striking ``50 percent of the funds
available for fiscal year 2020 pursuant to subsection
(f)(5)'' and inserting ``50 percent of the funds available
for fiscal year 2021 pursuant to subsection (f)(6)''; and
(B) in paragraph (3), by striking ``fiscal year 2020'' and
inserting ``fiscal year 2021''; and
(C) in paragraph (5), by striking ``Of the funds available
for fiscal year 2020 pursuant to subsection (f)(5)'' and
inserting ``Of the funds available for fiscal year 2021
pursuant to subsection (f)(6)'';
(2) in subsection (f), by adding at the end the following:
``(6) For fiscal year 2021, $250,000,000.''; and
(3) in subsection (h), by striking ``December 31, 2022''
and inserting ``December 31, 2023''.
(b) Extension of Reports on Military Assistance to
Ukraine.--Section 1275(e) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3592) is amended by
striking ``January 31, 2021'' and inserting ``December 31,
2023''.
[[Page H3196]]
SEC. 1234. UNITED STATES PARTICIPATION IN THE OPEN SKIES
TREATY.
(a) Notification Required.--
(1) In general.--Upon withdrawal of the United States from
the Open Skies Treaty pursuant to Article XV of the Treaty,
the Secretary of Defense and the Secretary of State shall
jointly submit to the appropriate congressional committees--
(A) a notification that the United States has concluded
agreements with other state parties to the Treaty that host
United States military forces and assets to ensure that after
such withdrawal the United States will be provided sufficient
notice by such state parties of requests for observation
flights over the territories of such state parties under the
Treaty; or
(B) if the United States has not concluded the agreements
described in subparagraph (A), a description of how the
United States will consistently and reliably be provided with
sufficient warning of observation flights described in
subparagraph (A) by other means, including a description of
assets and personnel and policy implications of using such
other means.
(2) Submission of agreements.--Upon withdrawal of the
United States from the Open Skies Treaty pursuant to Article
XV of the Treaty, the Secretary of Defense and the Secretary
of State shall jointly submit to the appropriate
congressional committees copies of the agreements described
in paragraph (1)(A).
(b) Report.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of State, in coordination with the Director of
National Intelligence and the Under Secretary of Defense for
Intelligence and Security, shall jointly submit to the
appropriate congressional committees a report on the effects
of a potential withdrawal of the United States from the Open
Skies Treaty.
(2) Matters to be included.--The report required by
paragraph (1) shall include the following:
(A) A description of how the United States will replace
benefits of cooperation with United States allies under the
Treaty.
(B) A description of--
(i) how the United States will obtain unclassified,
publicly-releasable imagery it currently receives under the
Treaty;
(ii) if national technical means are used as a replacement
to obtain such imagery--
(I) how the requirements satisfied by collection under the
Treaty will be prioritized within the National Intelligence
Priorities Framework;
(II) a plan to mitigate any gaps in collection; and
(III) requirements and timelines for declassification of
data for public release; and
(iii) if commercial imagery is used as a replacement to
obtain such imagery--
(I) contractual actions and associated timelines needed to
purchase such imagery;
(II) costs to purchase commercial imagery equivalent to
that which is obtained under the Treaty; and
(III) estimates of costs to share that data with other
state parties to the Treaty that are United States partners.
(C) A description of how the United States will replace
intelligence information, other than imagery, obtained under
the Treaty.
(D) A description of how the United States will ensure
continued dialogue with Russia in a manner similar to formal
communications as confidence-building measures to reinforce
strategic stability required under the Treaty.
(E) All unedited responses to the questionnaire provided to
United States allies by the United States in 2019 and all
official statements provided to the United States by United
States allies in 2019 or 2020 relating to United States
withdrawal from the Treaty.
(F) An assessment of the impact of such withdrawal on--
(i) United States leadership in the North Atlantic Treaty
Organization (NATO); and
(ii) cohesion and cooperation among NATO member states.
(G) A description of options to continue confidence-
building measures under the Treaty with other state parties
to the Treaty that are United States allies.
(H) An assessment of the Defense Intelligence Agency of the
impact on national security of such withdrawal.
(I) An assessment of how the United States will influence
decisions regarding certifications of new sensors, primarily
synthetic aperture radar sensors, under the Treaty that could
pose additional risk to deployed United States military
forces and assets.
(3) Form.--The report required by paragraph (1) shall be
submitted in unclassified form but may contain a classified
annex.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(C) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
(2) Observation flight.--The term ``observation flight''
has the meaning given such term in Article II of the Open
Skies Treaty.
(3) Open skies treaty; treaty.--The term ``Open Skies
Treaty'' or ``Treaty'' means the Treaty on Open Skies, done
at Helsinki March 24, 1992, and entered into force January 1,
2002.
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.
(a) Limitation on Use of Funds to Reduce the Total Number
of Members of the Armed Forces Serving on Active Duty Who Are
Stationed in Germany.--None of the funds authorized to be
appropriated or otherwise made available to the Department of
Defense may be used during the period beginning on the date
of the enactment of this Act and ending on December 31, 2021,
to take any action to reduce the total number of members of
the Armed Forces serving on active duty who are stationed in
Germany below the levels present on June 10, 2020, until 180
days after the date on which the Secretary of Defense and the
Chairman of the Joint Chiefs of Staff have separately
submitted to the congressional defense committees the
following:
(1) A certification that--
(A) such a reduction is in the national security interest
of the United States and will not significantly undermine the
security of the United States or its allies in the region,
including a justification explaining the analysis behind the
certification; and
(B) the Secretary has appropriately consulted with United
States allies and partners in Europe, including all members
of the North Atlantic Treaty Organization (NATO), regarding
such a reduction.
(2) A detailed analysis of the impact such a reduction
would have on the security of United States allies and
partners in Europe and on interoperability and joint
activities with such allies and partners, including major
military exercises.
(3) A detailed analysis of the impact such a reduction
would have on the ability to deter Russian aggression and
ensure the territorial integrity of United States allies and
partners in Europe.
(4) A detailed analysis of the impact such a reduction
would have on the ability to counter Russian malign activity.
(5) A detailed analysis of where the members of the Armed
Forces will be moved and stationed as a consequence of such a
reduction.
(6) A detailed plan for how such a reduction would be
implemented.
(7) A detailed analysis of the cost implications of such a
reduction, to include the cost associated with new facilities
to be constructed at the location to which the members of the
Armed Forces are to be moved and stationed.
(8) A detailed analysis of the impact such a reduction
would have on United States service members and their
families stationed in Europe.
(9) A detailed analysis of the impact such a reduction
would have on Joint Force Planning.
(10) A detailed explanation of the impact such a reduction
would have on implementation of the National Defense Strategy
and a certification that the reduction would not negatively
affect implementation of the National Defense Strategy.
(b) Limitation on Use of Funds to Reduce the Total Number
of Members of the Armed Forces Stationed in Europe.--None of
the funds authorized to be appropriated or otherwise made
available for the Department of Defense may be used during
the period beginning on the date of the enactment of this Act
and ending on December 31, 2021, to reduce the total number
of members of the Armed Forces serving on active duty who are
stationed in Europe below the levels present on June 10,
2020, until 180 days after the date on which the Secretary of
Defense and the Chairman of the Joint Chiefs of Staff have
separately submitted to the congressional defense committees
the following:
(1) A certification that--
(A) such a reduction is in the national security interest
of the United States and will not significantly undermine the
security of the United States or its allies in the region,
including a justification explaining the analysis behind the
certification.
(B) the Secretary has appropriately consulted with United
States allies and partners in Europe, including all members
of NATO, regarding such a reduction.
(2) A detailed analysis of the impact such a reduction
would have on the security of United States allies and
partners in Europe and on interoperability and joint
activities with such allies and partners, including major
military exercises.
(3) A detailed analysis of the impact such a reduction
would have on the ability to deter Russian aggression and
ensure the territorial integrity of United States allies and
partners in Europe.
(4) A detailed analysis of the impact such a reduction
would have on the ability to counter Russian malign activity.
(5) A detailed analysis of where the forces will be moved
and stationed as a consequence of such a reduction.
(6) A detailed plan for how such a reduction would be
implemented.
(7) A detailed analysis of the cost implications of such a
reduction, to include the cost associated with new facilities
to be constructed at the location to which the members of the
Armed Forces are to be moved and stationed.
(8) A detailed analysis of the impact such a reduction
would have on service members and their families stationed in
Europe.
(9) A detailed analysis of the impact such a reduction
would have on Joint Force Planning.
(10) A detailed explanation of the impact such a reduction
would have on implementation of the National Defense Strategy
and a certification that the reduction would not negatively
affect implementation of the National Defense Strategy.
(c) Limitation to Divest Military Infrastructure in
Europe.--
(1) In general.--The Secretary of Defense may not take any
action to divest any infrastructure or real property in
Europe under the
[[Page H3197]]
operational control of the Department of Defense unless,
prior to taking such action, the Secretary certifies to the
congressional defense committees that no military requirement
for future use of the infrastructure or real property is
foreseeable.
(2) Sunset.--This subsection shall terminate on the date
that is 5 years after the date of the enactment of this Act.
SEC. 1242. SENSE OF CONGRESS ON SUPPORT FOR COORDINATED
ACTION TO ENSURE THE SECURITY OF BALTIC ALLIES.
It is the sense of Congress that--
(1) the continued security of the Baltic states of Estonia,
Latvia, and Lithuania is critical to achieving United States
national security interests and defense objectives against
the acute and formidable threat posed by Russia;
(2) the United States and the Baltic states are leaders in
the mission of defending independence and democracy from
aggression and in promoting stability and security within the
North Atlantic Treaty Organization (NATO), with non-NATO
partners, and with other international organizations such as
the European Union;
(3) the Baltic states are model NATO allies in terms of
burden sharing and capital investment in materiel critical to
United States and allied security, investment of over 2
percent of their gross domestic product on defense
expenditure, allocating over 20 percent of their defense
budgets on capital modernization, matching security
assistance from the United States, frequently deploying their
forces around the world in support of allied and United
States objectives, and sharing diplomatic, technical,
military, and analytical expertise on defense and security
matters;
(4) the United States should continue to strengthen
bilateral and multilateral defense by, with, and through
allied nations, particularly those which possess expertise
and dexterity but do not enjoy the benefits of national
economies of scale;
(5) the United States should pursue consistent efforts
focused on defense and security assistance, coordination, and
planning designed to ensure the continued security of the
Baltic states and on deterring current and future challenges
to the national sovereignty of United States allies and
partners in the Baltic region; and
(6) such an initiative should include an innovative and
comprehensive conflict deterrence strategy for the Baltic
region encompassing the unique geography of the Baltic
states, modern and diffuse threats to their land, sea, and
air spaces, and necessary improvements to their defense
posture, including command-and-control infrastructure,
intelligence, surveillance, and reconnaissance capabilities,
communications equipment and networks, and special forces.
SEC. 1243. SENSE OF CONGRESS ON SUPPORT FOR ESTONIA, LATVIA,
AND LITHUANIA.
(a) Findings.--Congress finds the following:
(1) The Baltic countries of Estonia, Latvia, and Lithuania
are highly valued allies of the United States, and they have
repeatedly demonstrated their commitment to advancing our
mutual interests as well as those of the NATO Alliance.
(2) Operation Atlantic Resolve is a series of exercises and
coordinating efforts demonstrating the United States'
commitment to its European partners and allies, including the
Baltic countries of Estonia, Latvia, and Lithuania, with the
shared goal of peace and stability in the region. Operation
Atlantic Resolve strengthens communication and understanding,
and is an important effort to deter Russian aggression in the
region.
(3) Through Operation Atlantic Resolve, the European
Deterrence Initiative undertakes exercises, training, and
rotational presence necessary to reassure and integrate our
allies, including the Baltic countries, into a common defense
framework.
(4) All three Baltic countries contributed to the NATO-led
International Security Assistance Force in Afghanistan,
sending troops and operating with few caveats. The Baltic
countries continue to commit resources and troops to the
Resolute Support Mission in Afghanistan.
(b) Sense of Congress.--Congress--
(1) reaffirms its support for the principle of collective
defense in Article 5 of the North Atlantic Treaty for our
NATO allies, including Estonia, Latvia, and Lithuania;
(2) supports the sovereignty, independence, territorial
integrity, and inviolability of Estonia, Latvia, and
Lithuania as well as their internationally recognized
borders, and expresses concerns over increasingly aggressive
military maneuvering by the Russian Federation near their
borders and airspace;
(3) expresses concern over and condemns subversive and
destabilizing activities by the Russian Federation within the
Baltic countries; and
(4) encourages the Administration to further enhance
defense cooperation efforts with Estonia, Latvia, and
Lithuania and supports the efforts of their Governments to
provide for the defense of their people and sovereign
territory.
SEC. 1244. SENSE OF CONGRESS ON SUPPORT FOR GEORGIA.
(a) Findings.--Congress finds the following:
(1) Georgia is a valued friend of the United States and has
repeatedly demonstrated its commitment to advancing the
mutual interests of both countries, including the deployment
of Georgian forces as part of the former International
Security Assistance Force (ISAF) and the current Resolute
Support Mission led by the North Atlantic Treaty Organization
(NATO) in Afghanistan and the Multi-National Force in Iraq.
(2) The European Deterrence Initiative builds the
partnership capacity of Georgia so it can work more closely
with the United States and NATO, as well as provide for its
own defense.
(3) In addition to the European Deterrence Initiative,
Georgia's participation in the NATO initiative Partnership
for Peace is paramount to interoperability with the United
States and NATO, and establishing a more peaceful environment
in the region.
(4) Despite the losses suffered, as a NATO partner, Georgia
is committed to the Resolute Support Mission in Afghanistan
with the fifth-largest contingent on the ground.
(b) Sense of Congress.--It is the sense of Congress that
the United States should--
(1) reaffirm support for an enduring strategic partnership
between the United States and Georgia;
(2) support Georgia's sovereignty and territorial integrity
within its internationally-recognized borders, and does not
recognize the independence of the Abkhazia and South Ossetia
regions currently occupied by the Russian Federation;
(3) continue support for multi-domain security assistance
for Georgia in the form of lethal and non-lethal measures to
build resiliency, bolster deterrence against Russian
aggression, and promote stability in the region, by--
(A) strengthening defensive capabilities and promote
readiness; and
(B) improving interoperability with NATO forces; and
(4) further enhance security cooperation and engagement
with Georgia and other Black Sea regional partners.
SEC. 1245. SENSE OF CONGRESS ON BURDEN SHARING BY PARTNERS
AND ALLIES.
(a) Findings.--Congress makes the following findings:
(1) The United States' alliances and other critical defense
partnerships are a cornerstone of Department of Defense (DOD)
efforts to deter aggression from our adversaries, counter
violent extremism, and preserve United States national
security interests in the face of challenges to those
interests by Russia, China and other actors.
(2) The North Atlantic Treaty Organization (NATO) is the
most successful military alliance in history, having deterred
war between major state powers for more than 70 years.
(3) Collective security and the responsibility of each
member of the security of the other members as well as the
alliance as a whole is a pillar of the NATO alliance.
(4) NATO members other than the United States collectively
expend over $300,000,000,000 in defense investments annually
and maintain military forces totaling an estimated 1,900,000
service members, bolstering the alliance's collective
capacity to counter shared threats.
(5) At the NATO Wales Summit in 2014, NATO members pledged
to strive to increase their own defense spending to 2 percent
of their respective gross domestic products and to spend at
least 20 percent of their defense budgets on equipment by
2024 as part of their burden sharing commitments.
(6) Since 2014, there has been a steady increase in allied
defense spending, with 22 member countries meeting defense
spending targets in 2018 and having submitted plans to meet
the targets by 2024.
(7) In addition to individual defense spending
contributions, NATO allies and partners also contribute to
NATO and United States operations around the world, including
the Resolute Support Mission in Afghanistan and the Global
Coalition to Defeat the Islamic State in Iraq and Syria
(ISIS).
(8) South Korea hosts a baseline of 28,500 United States
forces including the Eighth Army and Seventh Air Force.
(9) South Korea maintains Aegis Ballistic Missile Defense
and Patriot Batteries that contribute to regional Ballistic
Missile Defense, is a participant in the Enforcement
Coordination Center, and is a significant contributor to
United Nations peacekeeping operations.
(10) South Korea is an active consumer of United States
Foreign Military Sales (FMS) with approximately
$30,500,000,000 in active FMS cases and makes significant
financial contributions to support forward deployed United
States forces in South Korea, including contributions of
$924,000,000 under the Special Measures Agreement in 2019 and
over 90 percent of the cost of developing Camp Humphreys.
(11) Japan hosts 54,000 United States forces including the
Seventh Fleet, the only forward-deployed United States
aircraft carrier, and the United States Marine Corps' III
Marine Expeditionary Force.
(12) Japan maintains Aegis Ballistic Missile Defense and
Patriot Batteries that contribute to regional Ballistic
Missile Defense, conducts bilateral presence operations and
mutual asset protection missions with United States forces,
and is a capacity building contributor to United Nations
peacekeeping operations.
(13) Japan is an active consumer of United States FMS with
approximately $28,400,000,000 in active FMS cases and makes
significant financial contributions to enable optimized
United States military posture, including contributions of
approximately $2,000,000,000 annually under the Special
Measures Agreement, $187,000,000 annually under the Japan
Facilities Improvement Program, $12,100,000,000 for the
Futenma Replacement Facility, $4,800,000,000 for Marine Corps
Air Station Iwakuni, and $3,100,000,000 for construction on
Guam to support the movement of United States Marines from
Okinawa.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States Government should focus on United
States national security requirements for investment in
forward presence, joint exercises, investments, and
commitments that contribute to the security of the United
States and collective security, and cease efforts that solely
focus on the financial contributions of United States allies
and partners when negotiating joint security arrangements;
[[Page H3198]]
(2) the United States must continue to strengthen its
alliances and security partnerships with like-minded
democracies around the world to deter aggression from
authoritarian competitors and promote peace and respect for
democratic values and human rights around the world;
(3) United States partners and allies should continue to
increase their military capacity and enhance their ability to
contribute to global peace and security;
(4) NATO allies should continue working toward their 2014
Wales Defense Investment Pledge commitments;
(5) the United States should maintain forward-deployed
United States forces in order to better ensure United States
national security and global stability; and
(6) alliances and partnerships are the cornerstone of
United States national security and critical to countering
the threat posed by malign actors to the post-World War II
liberal international order.
SEC. 1246. SENSE OF CONGRESS ON NATO'S RESPONSE TO THE COVID-
19 PANDEMIC.
(a) Findings.--Congress finds the following:
(1) The North Atlantic Treaty Organization (NATO) has been
working with allies and partners to provide support to the
civilian response to the Coronavirus Disease 2019 (commonly
referred to as ``COVID-19'') pandemic, including logistics
and planning, field hospitals, and transport, while
maintaining NATO's operational readiness and continuing to
carry out critical NATO missions.
(2) Since the beginning of the pandemic, NATO allies and
partners have completed more than 350 airlift flights,
supplying hundreds of tons of critical supplies globally,
have built nearly 100 field hospitals and dedicated more than
half a million troops to support the civilian response to the
pandemic.
(3) NATO's Euro-Atlantic Disaster Response Coordination
Centre has been operating 24 hours, seven days a week to
coordinate requests for supplies and resources.
(4) The NATO Support and Procurement Agency's Strategic
Airlift Capability and Strategic Airlift International
Solution programs have chartered flights to transport medical
supplies between partners and allies.
(5) NATO established Rapid Air Mobility to speed up
military air transport of medical supplies and resources to
allies and partners experiencing a shortage of medical
supplies and personal protective equipment.
(6) In June 2020, NATO Defense Ministers agreed to future
steps to prepare for a potential second wave of the COVID-19
pandemic, including a new operation plan, establishing a
stockpile of medical equipment and supplies, and a new fund
to acquire medical supplies and services.
(b) Sense of Congress.--It is the sense of Congress that--
(1) NATO's response to the COVID-19 pandemic is an
excellent example of the democratic alliance's capacity
tackling overwhelming logistical challenges through close
collaboration;
(2) the United States should remain committed to
strengthening NATO's operational response to the pandemic;
and
(3) the United States should fulfill its commitments made
at the 2020 NATO Defense Ministerial and continue to bolster
the work of the Euro-Atlantic Disaster Response Coordination
Centre, the NATO Support and Procurement Agency's Strategic
Airlift Capability and Strategic Airlift International
Solution programs, and other efforts to utilize NATO's
capabilities to support the civilian pandemic response.
Subtitle F--Matters Relating to the Indo-Pacific Region
SEC. 1251. INDO-PACIFIC REASSURANCE INITIATIVE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) a stable, peaceful, and secure Indo-Pacific region is
vital to United States economic and national security;
(2) revisionist states, rogue states, violent extremist
organizations, and natural and manmade disasters are
persistent challenges to regional stability and security;
(3) maintaining stability and upholding a rules-based order
requires a holistic United States strategy that--
(A) synchronizes all elements of national power;
(B) is inclusive of United States allies and partner
countries; and
(C) ensures a persistent, predictable United States
presence to reinforce regional defense;
(4) enhancing regional defense requires robust efforts to
increase capability, readiness, and responsiveness to deter
and mitigate destabilizing activities;
(5) the Department of Defense should pursue an integrated
program of activities to--
(A) reassure United States allies and partner countries in
the Indo-Pacific region;
(B) appropriately prioritize activities and resources to
implement the National Defense Strategy; and
(C) enhance the ability of Congress to provide oversight of
and support to Department of Defense efforts;
(6) an integrated, coherent, and strategic program of
activities in the Indo-Pacific region, similar to the
European Deterrence Initiative (originally the European
Reassurance Initiative), will enhance United States presence
and positioning, allow for additional exercises, improve
infrastructure and logistics, and build allied and partner
capacity to deter aggression, strengthen ally and partner
interoperability, and demonstrate United States commitment to
Indo-Pacific countries;
(7) an integrated, coherent, and strategic program of
activities in the Indo-Pacific region will also assist in
resourcing budgetary priorities and enhancing transparency
and oversight of programs and activities to better enable a
coordinated and strategic plan for Department of Defense
programs;
(8) not less than $3,578,360,000 of base funding should be
allocated to fully support such program of activities in
fiscal year 2021; and
(9) the Department of Defense should ensure adequate,
consistent planning is conducted for future funding and build
upon the activities identified in fiscal year 2021 in future
budget requests, as appropriate.
(b) Indo-Pacific Reassurance Initiative.--The Secretary of
Defense shall carry out a program of prioritized activities
to reassure United States allies and partner countries in the
Indo-Pacific region that shall be known as the ``Indo-Pacific
Reassurance Initiative'' (in this section referred to as the
``Initiative'').
(c) Objectives.--The objectives of the Initiative shall
include reassuring United States allies and partner countries
in the Indo-Pacific region by--
(1) optimizing the presence of United States Armed Forces
in the region;
(2) strengthening and maintaining bilateral and
multilateral military exercises and training with such
countries;
(3) improving infrastructure in the region to enhance the
responsiveness of United States Armed Forces;
(4) enhancing the prepositioning of equipment and materiel
in the region; and
(5) building the defense and security capabilities,
capacity, and cooperation of such countries.
(d) Plan Relating to Transparency for the Indo-Pacific
Reassurance Initiative.--
(1) Plan required.--
(A) In general.--Not later than February 1, 2022, and
annually thereafter, the Secretary of Defense, in
consultation with the Commander of the United States Indo-
Pacific Command, shall submit to the congressional defense
committees a future years plan on activities and resources of
the Initiative.
(B) Applicability.--The plan shall apply to the Initiative
with respect to the first fiscal year beginning after the
date of submission of the plan and at least the four
succeeding fiscal years.
(2) Matters to be included.--The plan required under
paragraph (1) shall include each of the following:
(A) A summary of progress made towards achieving the
objectives of the Initiative.
(B) An assessment of resource requirements to achieve such
objectives.
(C) An assessment of capabilities requirements to achieve
such objectives.
(D) An assessment of logistics requirements, including
force enablers, equipment, supplies, storage, and maintenance
requirements, to achieve such objectives.
(E) An identification of the intended force structure and
posture of the assigned and allocated forces within the area
of responsibility of the United States Indo-Pacific Command
for the last fiscal year of the plan and the manner in which
such force structure and posture support such objectives.
(F) An identification and assessment of required
infrastructure and military construction investments to
achieve such objectives, including potential infrastructure
investments proposed by host countries, new construction or
modernization of existing sites that would be funded by the
United States, and a master plan that includes the following:
(i) A list of specific locations, organized by country, in
which the Commander of the United States Indo-Pacific Command
anticipates requiring infrastructure investments to support
an enduring or periodic military presence in the region.
(ii) A list of specific infrastructure investments required
at each location identified under clause (i), to include the
project title and estimated cost of each project.
(iii) A brief explanation for how each location identified
under clause (i) and infrastructure investments identified
under clause (ii) support a validated requirement or
component of the overall strategy in the region.
(iv) A discussion of any gaps in the current infrastructure
authorities that would preclude implementation of the
infrastructure investments identified under clause (ii).
(v) A description of the type and size of military force
elements that would maintain an enduring presence or operate
periodically from each location identified under clause (i).
(vi) A summary of kinetic and non-kinetic vulnerabilities
for current locations and each location identified in clause
(i), to include--
(I) the level of risk associated with each vulnerability;
and
(II) the proposed mitigations and projected costs to
address each such vulnerability, to include--
(aa) hardening and other resilience measures;
(bb) active and passive counter-Intelligence, Surveillance,
and Reconnaissance;
(cc) active and passive counter Positioning, Navigation,
and Timing;
(dd) air and missile defense capabilities;
(ee) enhanced logistics and sea lines of communication
security; and
(ff) other issues identified by the Commander of the United
States Indo-Pacific Command.
(G) An assessment of logistics requirements, including
force enablers, equipment, supplies, storage, fuel storage
and distribution, and maintenance requirements, to achieve
such objectives.
(H) An analysis of the challenges to the ability of the
United States to deploy significant forces from the
continental United States to the Indo-Pacific theater in the
event of a major contingency, and a description of the plans
of the Department of Defense, including military exercises,
to address such challenges.
[[Page H3199]]
(I) An assessment and plan for security cooperation
investments to enhance such objectives.
(J) A plan to resource United States force posture and
capabilities, including--
(i) the infrastructure capacity of existing locations and
their ability to accommodate additional United States forces
in the Indo-Pacific region;
(ii) the potential new locations for additional United
States Armed Forces in the Indo-Pacific region, including an
assessment of infrastructure and military construction
resources necessary to accommodate such forces;
(iii) a detailed timeline to achieve desired posture
requirements;
(iv) a detailed assessment of the resources necessary to
achieve the requirements of the plan, including specific cost
estimates for each project under the Initiative to support
optimized presence, exercises and training, enhanced
prepositioning, improved infrastructure, and building
partnership capacity; and
(v) a detailed timeline to achieve the force posture and
capabilities, including force requirements.
(K) A detailed explanation of any significant modifications
of the requirements or resources, as compared to plans
previously submitted under paragraph (1).
(L) Any other matters the Secretary of Defense determines
should be included.
(3) Form.--The plan required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(e) Budget Submission Information.--For fiscal year 2022
and each fiscal year thereafter, the Secretary of Defense
shall include in the budget justification materials submitted
to Congress in support of the Department of Defense budget
for that fiscal year (as submitted with the budget of the
President under section 1105(a) of title 31, United States
Code)--
(1) the amounts, by budget function and as a separate item,
requested for the Department of Defense for such fiscal year
for all programs and activities under the Initiative; and
(2) a detailed budget display for the Initiative,
including--
(A) with respect to procurement accounts--
(i) amounts displayed by account, budget activity, line
number, line item, and line item title; and
(ii) a description of the requirements for each such
amounts;
(B) with respect to research, development, test, and
evaluation accounts--
(i) amounts displayed by account, budget activity, line
number, program element, and program element title; and
(ii) a description of the requirements for each such
amount;
(C) with respect to operation and maintenance accounts--
(i) amounts displayed by account title, budget activity
title, line number, and subactivity group title; and
(ii) a description of how such amounts will specifically be
used;
(D) with respect to military personnel accounts--
(i) amounts displayed by account, budget activity, budget
subactivity, and budget subactivity title; and
(ii) a description of the requirements for each such
amount; and
(E) with respect to each project under military
construction accounts (including with respect to unspecified
minor military construction and amounts for planning and
design), the country, location, project title, and project
amount for each fiscal year.
(f) End of Fiscal Year Report.--Not later than November 20,
2022, and annually thereafter, the Secretary of Defense shall
submit to the congressional defense committees a report that
contains--
(1) a detailed summary of funds obligated for the
Initiative during the preceding fiscal year; and
(2) a detailed comparison of funds obligated for the
Initiative during the preceding fiscal year to the amount of
funds requested for the Initiative for such fiscal year in
the materials submitted to Congress by the Secretary in
support of the budget of the President for that fiscal year
as required by subsection (e), including with respect to each
of the accounts described in subparagraphs (A), (B), (C),
(D), and (E) of subsection (e)(2) and the information
required under each such subparagraph.
(g) Briefings Required.--Not later than March 1, 2023, and
annually thereafter, the Secretary of Defense shall provide
to the congressional defense committees a briefing on the
status of all matters covered by the report required by
section (f).
(h) Relationship to Budget.--Nothing in this section shall
be construed to affect section 1105(a) of title 31, United
States Code.
(i) Conforming Repeal.--Section 1251 of the National
Defense Authorization Act for Fiscal Year 2018 (Public Law
115-91; 131 Stat. 1676) is repealed.
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.
None of the funds authorized to be appropriated by this Act
may be used to reduce the total number of members of the
Armed Forces serving on active duty who are deployed to South
Korea below 28,500 until 180 days after the date on which the
Secretary of Defense certifies to the congressional defense
committees the following:
(1) Such a reduction is in the national security interest
of the United States and will not significantly undermine the
security of United States allies in the region.
(2) Such a reduction is commensurate with a reduction in
the threat posed to the United States and its allies in the
region by the Democratic People's Republic of Korea.
(3) Following such a reduction, the Republic of Korea would
be capable of deterring a conflict on the Korean Peninsula.
(4) The Secretary has appropriately consulted with allies
of the United States, including South Korea and Japan,
regarding such a reduction.
SEC. 1253. IMPLEMENTATION OF GAO RECOMMENDATIONS ON
PREPAREDNESS OF UNITED STATES FORCES TO COUNTER
NORTH KOREAN CHEMICAL AND BIOLOGICAL WEAPONS.
(a) Plan Required.--
(1) In general.--The Secretary of Defense shall develop a
plan to address the recommendations in the U.S. Government
Accountability Office's report entitled ``Preparedness of
U.S. Forces to Counter North Korean Chemical and Biological
Weapons'' (GAO-20-79C).
(2) Elements.--The plan required under paragraph (1) shall,
with respect to each recommendation in the report described
in paragraph (1) that the Secretary of Defense has
implemented or intends to implement, include--
(A) a summary of actions that have been or will be taken to
implement the recommendation; and
(B) a schedule, with specific milestones, for completing
implementation of the recommendation.
(b) Submittal to Congress.--Not later than one year after
the date of the enactment of this Act, the Secretary of
Defense shall submit to the congressional defense committees
the plan required under subsection (a).
(c) Deadline for Implementation.--
(1) In general.--Except as provided in paragraph (2), not
later than 18 months after the date of the enactment of this
Act, the Secretary of Defense shall carry out activities to
implement the plan developed under subsection (a).
(2) Exception for implementation of certain
recommendations.--
(A) Delayed implementation.--The Secretary of Defense may
initiate implementation of a recommendation in the report
described in subsection (a)(1) after the date specified in
paragraph (1) if the Secretary provides the congressional
defense committees with a specific justification for the
delay in implementation of such recommendation on or before
such date.
(B) Nonimplementation.--The Secretary of Defense may decide
not to implement a recommendation in the report described in
subsection (a)(1) if the Secretary provides to the
congressional defense committees, on or before the date
specified in paragraph (1)--
(i) a specific justification for the decision not to
implement the recommendation; and
(ii) a summary of alternative actions the Secretary plans
to take to address the conditions underlying the
recommendation.
SEC. 1254. PUBLIC REPORTING OF CHINESE MILITARY COMPANIES
OPERATING IN THE UNITED STATES.
(a) Determination of Operations.--Not later than 1 year
after the date of the enactment of this Act, and on an
ongoing basis thereafter, the Secretary of Defense shall
identify each entity the Secretary determines, based on the
most recent information available, is--
(1)(A) directly or indirectly owned, controlled, or
beneficially owned by, or in an official or unofficial
capacity acting as an agent of or on behalf of, the People's
Liberation Army or any of its affiliates; or
(B) identified as a military-civil fusion contributor to
the Chinese defense industrial base;
(2) engaged in providing commercial services,
manufacturing, producing, or exporting; and
(3) operating directly or indirectly in the United States,
including any of its territories and possessions.
(b) Submission; Publication.--
(1) Submission.--Not later than 1 year after the date of
the enactment of this Act, and every 2 years thereafter, the
Secretary shall submit to the Committees on Armed Services of
the House of Representatives and the Senate an updated list
of each entity determined to be a Chinese military company
pursuant to subsection (a), in classified and unclassified
forms.
(2) Publication.--Concurrent with the submission of a list
under paragraph (1), the Secretary shall publish the
unclassified portion of such list in the Federal Register.
(c) Consultation.--The Secretary may consult with the head
of any appropriate Federal department or agency in making the
determinations required under subsection (a) and shall
transmit a copy of each list submitted under subsection
(b)(1) to the heads of each appropriate Federal department
and agency.
(d) Definitions.--
(1) Military-civil fusion contributor.--In this section,
the term ``military-civil fusion contributor'' includes--
(A) entities receiving assistance from the Government of
China through science and technology efforts initiated under
the Chinese military industrial planning apparatus;
(B) entities affiliated with the Chinese Ministry of
Industry and Information Technology, including entities
connected through Ministry schools, research partnerships,
and state-aided science and technology projects;
(C) entities receiving assistance from the Government of
China or operational direction or policy guidance from the
State Administration for Science, Technology and Industry for
National Defense;
(D) entities recognized and awarded with receipt of an
innovation prize for science and technology by such State
Administration;
(E) any other entity or subsidiary defined as a ``defense
enterprise'' by the Chinese State Council; and
(F) entities residing in or affiliated with a military-
civil fusion enterprise zone or receiving assistance from the
Government of China through such enterprise zone.
(2) People's liberation army.--The term ``People's
Liberation Army'' means the land,
[[Page H3200]]
naval, and air military services, the police, and the
intelligence services of the Government of China, and any
member of any such service or of such police.
SEC. 1255. INDEPENDENT STUDY ON THE DEFENSE INDUSTRIAL BASE
OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Not later than 30 days after the date of
the enactment of this Act, the Secretary of Defense shall
seek to enter into a contract with a federally funded
research and development center to conduct a study on the
defense industrial base of the People's Republic of China.
(b) Elements of Study.--The study required under subsection
(a) shall assess the resiliency and capacity of China's
defense industrial base to support its objectives in
competition and conflict, including with respect to the
following:
(1) The manufacturing capacity and physical plant capacity
of the defense industrial base, including its ability to
modernize to meet future needs.
(2) Gaps in national-security-related domestic
manufacturing capabilities, including non-existent, extinct,
threatened, and single-point-of-failure capabilities.
(3) Supply chains with single points of failure or limited
resiliency, especially suppliers at third-tier and lower.
(4) Energy consumption and vulnerabilities.
(5) Domestic education and manufacturing workforce skills.
(6) Exclusive or dominant supply of military and civilian
materiel, raw materials, or other goods (or components
thereof) essential to China's national security by the United
States or United States allies and partners.
(7) The ability to meet the likely repair and new
construction demands of the People's Liberation Army in the
event of a protracted conflict.
(8) The availability of substitutes or alternative sources
for goods identified pursuant to paragraph (6).
(9) Recommendations for legislative, regulatory, and policy
changes and other actions by the President and the heads of
Federal agencies as appropriate based upon a reasoned
assessment that the benefits outweigh the costs (broadly
defined to include any economic, strategic, and national
security benefits or costs) over the short, medium, and long-
term to erode, in the event of a conflict, the ability of
China's defense industrial base to support the national
objectives of China.
(c) Submission to Department of Defense.--Not later than
210 days after the date of the enactment of this Act, the
federally funded research and development center shall submit
to the Secretary a report containing the study conducted
under subsection (a).
(d) Submission to Congress.--Not later than 240 days after
the date of the enactment of this Act, the Secretary shall
submit to the congressional defense committees the report
submitted to the Secretary under subsection (c), without
change but with any comments of the Secretary with respect to
the report.
SEC. 1256. REPORT ON CHINA'S ONE BELT, ONE ROAD INITIATIVE IN
AFRICA.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State and the Director of
National Intelligence, shall submit to the appropriate
congressional committees a report on the military and defense
implications of China's One Belt, One Road Initiative in
Africa and a strategy to address impacts on United States
military and defense interests in Africa.
(b) Matters to Be Included.--The report required by
subsection (a) shall include the following:
(1) An assessment of Chinese dual-use investments in
Africa, including a description of which investments that are
of greatest concern to United States military or defense
interests.
(2) A description of such investments that are associated
with People's Liberation Army cooperation with African
countries.
(3) An assessment of the potential military, intelligence,
and logistical threats facing United States' key regional
military infrastructure, supply chains, and staging grounds
due to such investments.
(4) An identification of Department of Defense measures
taken to mitigate the risk posed to United States forces and
defense interests by such investments.
(5) A strategy to address ongoing military and defense
implications posed by the expansion of such investments.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(B) the Committee on Armed Services, the Committee on
Foreign Relations, and Select Committee on Intelligence of
the Senate.
(2) Chinese dual-use investments in africa.--The term
``Chinese dual-use investments in Africa'' means investments
made by the Government of the People's Republic of China, the
Chinese Communist Party, or companies owned or controlled by
such Government or Party in the infrastructure of African
countries or related projects for both commercial and
military or proliferation purposes.
(d) Form.--The report required by subsection (a) shall--
(1) be submitted in unclassified form but may contain a
classified annex; and
(2) be made available to the public on the website of the
Department of Defense.
SEC. 1257. SENSE OF CONGRESS ON ENHANCEMENT OF THE UNITED
STATES-TAIWAN DEFENSE RELATIONSHIP.
It is the sense of Congress that--
(1) Taiwan is a vital partner of the United States and is
critical to a free and open Indo-Pacific region;
(2) the Taiwan Relations Act (22 U.S.C. 3301 et seq.) and
the ``Six Assurances'' are both cornerstones of United States
relations with Taiwan;
(3) the United States should continue to strengthen defense
and security cooperation with Taiwan to support the
development of capable, ready, and modern defense forces
necessary for Taiwan to maintain a sufficient self-defense
capability;
(4) consistent with the Taiwan Relations Act, the United
States should strongly support the acquisition by Taiwan of
defense articles and services through foreign military sales,
direct commercial sales, and industrial cooperation, with an
emphasis on anti-ship, coastal defense, anti-armor, air
defense, defensive naval mining, and resilient command and
control capabilities that support the asymmetric defense
strategy of Taiwan;
(5) the President and Congress should determine the nature
and quantity of such defense articles and services based
solely upon their judgment of the needs of Taiwan, as
required by the Taiwan Relations Act and in accordance with
procedures established by law;
(6) the United States should continue efforts to improve
the predictability of United States arms sales to Taiwan by
ensuring timely review of and response to requests of Taiwan
for defense articles and services;
(7) the Secretary of Defense should promote policies
concerning exchanges that enhance the security of Taiwan,
including--
(A) opportunities with Taiwan for practical training and
military exercises that--
(i) enable Taiwan to maintain a sufficient self-defense
capability, as described in section 3(a) of the Taiwan
Relations Act (22 U.S.C. 3302(a)); and
(ii) emphasize capabilities consistent with the asymmetric
defense strategy of Taiwan;
(B) exchanges between senior defense officials and general
officers of the United States and Taiwan, consistent with the
Taiwan Travel Act (Public Law 115-135), especially for the
purpose of enhancing cooperation on defense planning and
improving the interoperability of United States and Taiwan
forces; and
(C) opportunities for exchanges between junior officers and
senior enlisted personnel of the United States and Taiwan;
(8) the Secretary of Defense should consider expanded air
and naval engagements and training with Taiwan to enhance
regional security;
(9) the United States and Taiwan should expand cooperation
in humanitarian assistance and disaster relief including
conducting port calls in Taiwan with the United States Naval
Ship Comfort and United States Naval Ship Mercy;
(10) the Secretary of Defense should consider options,
including exercising ship visits and port calls, as
appropriate, to expand the scale and scope of humanitarian
assistance and disaster response cooperation with Taiwan and
other regional partners so as to improve disaster response
planning and preparedness;
(11) the Secretary of Defense should continue regular
transits of United States Navy vessels through the Taiwan
Strait and encourage allies and partners to follow suit in
conducting such transits to demonstrate the commitment of the
United States and its allies and partners to fly, sail, and
operate anywhere international law allows;
(12) the violation of international law by the Government
of China with respect to the Joint Declaration of the
Government of the United Kingdom of Great Britain and
Northern Ireland and the Government of the People's Republic
of China on the Question of Hong Kong, done at Beijing
December 19, 1984, is gravely concerning and erodes
international confidence in China's willingness to honor its
international commitments, including not to change the status
quo with respect to Taiwan by force;
(13) the increasingly coercive and aggressive behavior of
China towards Taiwan, including growing military maneuvers
targeting Taiwan, is contrary to the expectation of the
peaceful resolution of the future of Taiwan; and
(14) the United States and Taiwan should expand
consultation and cooperation on combating the Coronavirus
Disease 2019 (``COVID-19'') and seek to share the best
practices and cooperate on a range of activities under this
partnership.
SEC. 1258. REPORT ON SUPPLY CHAIN SECURITY COOPERATION WITH
TAIWAN.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, in coordination with the
head of each appropriate Federal department and agency, shall
submit to the congressional defense committees a report on
the following:
(1) The feasibility of establishing a high-level,
interagency United States-Taiwan working group for
coordinating cooperation related to supply chain security.
(2) A discussion of the Department of Defense's current and
future plans to engage with Taiwan with respect to activities
ensuring supply chain security.
(3) A discussion of obstacles encountered in forming,
executing, or implementing agreements with Taiwan for
conducting activities to ensure supply chain security.
(4) Any other matters the Secretary of Defense determines
should be included.
SEC. 1259. REPORT ON UNITED STATES-TAIWAN MEDICAL SECURITY
PARTNERSHIP.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense, in coordination with the
Secretary of Health and Human Services, shall submit to the
congressional defense committees a report on the following:
[[Page H3201]]
(1) The goals, objectives, and feasibility of developing a
United States-Taiwan medical security partnership on issues
related to pandemic preparedness and control.
(2) A discussion of current and future plans to engage with
Taiwan in medical security activities.
(3) An evaluation of cooperation on a range of activities
under the partnership to include--
(A) research and production of vaccines and medicines;
(B) joint conferences with scientists and experts;
(C) collaboration relating to and exchanges of medical
supplies and equipment; and
(D) the use of hospital ships such as the United States
Naval Ship Comfort and United States Naval Ship Mercy.
(4) Any other matters the Secretary of Defense determines
appropriate.
Subtitle G--Other Matters
SEC. 1261. PROVISION OF GOODS AND SERVICES TO KWAJALEIN
ATOLL.
(a) Authority for Provision of Goods and Services.--Chapter
767 of title 10, United States Code, is amended by adding at
the end the following new section:
``Sec. 7596. Provision of goods and services to Kwajalein
Atoll
``(a) Authority.--
``(1) In general.--The Secretary of the Army may, subject
to the concurrence of the Secretary of State as provided in
paragraph (2), use any amounts appropriated to the Department
of the Army to provide goods and services, including inter-
atoll transportation, to the Government of the Republic of
the Marshall Islands and to other eligible patrons at
Kwajalein Atoll, under regulations and at rates to be
prescribed by the Secretary of the Army in accordance with
this section.
``(2) Effect on compact.--The Secretary of State may not
concur to the provision of goods and services under paragraph
(1) if the Secretary determines that such provision would be
inconsistent with the Compact of Free Association between the
Government of the United States of America and the Government
of the Republic of the Marshall Islands (as set forth in
title II of the Compact of Free Association Act of 1985 (48
U.S.C. 1901 et seq.)) or with any subsidiary agreement or
implementing arrangement with respect to such Compact.
``(b) Reimbursement.--
``(1) Authority to collect reimbursement.--The Secretary of
the Army may collect reimbursement from the Government of the
Republic of the Marshall Islands or eligible patrons for the
provision of goods and services under this section in an
amount that does not exceed the costs to the United States of
providing such goods or services.
``(2) Maximum reimbursement.--The total amount collected in
a fiscal year pursuant to the authority under paragraph (1)
may not exceed $7,000,000.''.
(b) Clerical Amendments.--The table of contents for chapter
767 of title 10, United States Code, is amended by adding at
the end the following new item:
``Sec. 7595. Provision of goods and services to Kwajalein Atoll.''.
SEC. 1262. ANNUAL BRIEFINGS ON CERTAIN FOREIGN MILITARY BASES
OF ADVERSARIES.
(a) In General.--Chapter 3 of title 10, United States Code,
is amended by adding at the end the following new section:
``Sec. 130l. Annual briefings on certain foreign military
bases of adversaries.
``(a) Requirement.--Not later than February 15 of each
year, the Chairman of the Joint Chiefs of Staff and the
Secretary of Defense, acting through the Under Secretary of
Defense for Intelligence and Security, shall provide to the
congressional defense committees, the Committee on Foreign
Affairs of the House of Representatives, and the Committee on
Foreign Relations of the Senate a briefing on--
``(1) covered foreign military bases and the related
capabilities of that foreign military; and
``(2) the effects of such bases and capabilities on--
``(A) the military installations of the United States
located outside the United States; and
``(B) current and future deployments and operations of the
armed forces of the United States.
``(b) Elements.--Each briefing under subsection (a) shall
include the following:
``(1) An assessment of covered foreign military bases,
including such bases established by China, Russia, and Iran,
and any updates to such assessment provided in a previous
briefing under such subsection.
``(2) Information regarding known plans for any future
covered foreign military base.
``(3) An assessment of the capabilities, including those
pertaining to anti-access and area denial, provided by
covered foreign military bases to that foreign military,
including an assessment of how such capabilities could be
used against the armed forces of the United States in the
country and the geographic combatant command in which such
base is located.
``(4) A description of known ongoing activities and
capabilities at covered foreign military bases, and how such
activities and capabilities advance the foreign policy and
national security priorities of the relevant foreign
countries.
``(5) The extent to which covered foreign military bases
could be used to counter the defense priorities of the United
States.
``(c) Form.--Each briefing under subsection (a) shall be
provided in classified form.
``(d) Covered Foreign Military Base Defined.--In this
section, the term `covered foreign military base' means, with
respect to a foreign country that is an adversary of the
United States, a military base of that country located in a
different country.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``130l. 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.
(a) Definitions.--In this section:
(1) Covered defense partner.--The term ``covered defense
partner'' means a partner identified in the ``Department of
Defense Indo-Pacific Strategy Report'' issued on June 1,
2019, located within 100 miles off the coast of a strategic
competitor.
(2) Fait accompli.--The term ``fait accompli'' means the
strategy of a strategic competitor designed to allow such
strategic competitor to use military force to seize control
of a covered defense partner before the United States Armed
Forces are able to respond effectively.
(3) Strategic competitor.--The term ``strategic
competitor'' means a country labeled as a strategic
competitor in the ``Summary of the 2018 National Defense
Strategy of the United States of America: Sharpening the
American Military's Competitive Edge'' issued by the
Department of Defense pursuant to section 113 of title 10,
United States Code.
(b) Report on Progress of the Department of Defense With
Respect to Denying a Fait Accompli by a Strategic Competitor
Against a Covered Defense Partner.--
(1) In general.--Not later than April 30 each year,
beginning in 2021 and ending in 2026, the Secretary of
Defense shall submit to the congressional defense committees
a report on the progress of the Department of Defense with
respect to improving the ability of the United States Armed
Forces to conduct combined joint operations to deny the
ability of a strategic competitor to execute a fait accompli
against a covered defense partner.
(2) Matters to be included.--Each report under paragraph
(1) shall include the following:
(A) An explanation of the objectives for the United States
Armed Forces that would be necessary to deny the fait
accompli by a strategic competitor against a covered defense
partner.
(B) An identification of joint warfighting capabilities and
current efforts to organize, train, and equip the United
States Armed Forces in support of the objectives referred to
in paragraph (1), including--
(i) an assessment of whether the programs included in the
most recent future-years defense program submitted to
Congress under section 221 of title 10, United States Code,
are sufficient to enable the United States Armed Forces to
conduct joint combined operations to achieve such objectives;
(ii) a description of additional investments or force
posture adjustments required to maintain or improve the
ability of the United States Armed Forces to conduct joint
combined operations to achieve such objectives;
(iii) a description of the manner in which the Secretary of
Defense intends to develop and integrate Army, Navy, Air
Force, Marine Corps, and Space Force operational concepts to
maintain or improve the ability of the United States Armed
Forces to conduct joint combined operations to achieve such
objectives; and
(iv) an assessment of the manner in which different options
for pre-delegating authorities may improve the ability of the
United States Armed Forces to conduct joint combined
operations to achieve such objectives.
(C) An assessment of options for deterring limited use of
nuclear weapons by a strategic competitor in the Indo-Pacific
region without undermining the ability of the United States
Armed Forces to maintain deterrence against other strategic
competitors and adversaries.
(D) An assessment of a strategic competitor theory of
victory for invading and unifying a covered defense partner
with such a strategic competitor by military force.
(E) A description of the military objectives a strategic
competitor would need to achieve in a covered defense partner
campaign.
(F) A description of the military missions a strategic
competitor would need to execute a covered defense partner
invasion campaign, including--
(i) blockade and bombing operations;
(ii) amphibious landing operations; and
(iii) combat operations.
(G) An assessment of competing demands on a strategic
competitor's resources and how such demands impact such a
strategic competitor's ability to achieve its objectives in a
covered defense partner campaign.
(H) An assessment of a covered defense partner's self-
defense capability and a summary of defense articles and
services that are required to enhance such capability.
(I) An assessment of the capabilities of partner and allied
countries to conduct combined operations with the United
States Armed Forces in a regional contingency.
(3) Form.--Each report under paragraph (1) shall be
submitted in classified form but may include an unclassified
executive summary.
SEC. 1264. MODIFICATION TO REQUIREMENTS OF THE INITIATIVE TO
SUPPORT PROTECTION OF NATIONAL SECURITY
ACADEMIC RESEARCHERS FROM UNDUE INFLUENCE AND
OTHER SECURITY THREATS.
(a) Enhanced Information Sharing.--Subsection (d)(1)
section 1286 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 2358 note)
is amended by striking ``(other than basic research)''.
(b) Publication of Updated List.--Subsection (e) of such
section is amended by adding at the end the following new
paragraph:
[[Page H3202]]
``(4) Publication of updated list.--
``(A) In general.--Not later than January 1, 2021, and
annually thereafter, the Secretary shall submit to the
congressional defense committees the most recently updated
list described in subsection (c)(8) in unclassified form (but
with a classified annex as applicable) and make the
unclassified portion of each such list publicly available on
an internet website in a searchable format.
``(B) Intervening publication.--The Secretary may submit
and publish an updated list described in subparagraph (A)
more frequently than required by such subparagraph if the
Secretary determines necessary.''.
SEC. 1265. REPORT ON DIRECTED USE OF FISHING FLEETS.
Not later than 180 days after the date of the enactment of
this Act, the Commander of the Office of Naval Intelligence
shall submit to the congressional defense committees, the
Committee on Foreign Affairs of the House of Representatives,
and the Committee on Foreign Relations of the Senate an
unclassified report on the use of distant-water fishing
fleets by foreign governments as extensions of such
countries' official maritime security forces, including the
manner and extent to which such fishing fleets are leveraged
in support of naval operations and foreign policy more
generally. The report shall also consider the threats, on a
country-by-country basis, posed by such use of distant-water
fishing fleets to--
(1) fishing or other vessels of the United States and
partner countries;
(2) United States and partner naval and coast guard
operations; and
(3) other interests of the United States and partner
countries.
SEC. 1266. EXPANDING THE STATE PARTNERSHIP PROGRAM IN AFRICA.
The Secretary of Defense, in coordination with the Chief of
the National Guard Bureau, shall seek to build partner
capacity and interoperability in the United States Africa
Command area of responsibility through increased partnerships
with countries on the African continent, military-to-military
engagements, and traditional activities of the combatant
commands.
SEC. 1267. REPORT RELATING TO REDUCTION IN THE TOTAL NUMBER
OF UNITED STATES ARMED FORCES DEPLOYED TO
UNITED STATES AFRICA COMMAND AREA OF
RESPONSIBILITY.
(a) Reduction Described.--
(1) In general.--If the Department of Defense reduces the
number of United States Armed Forces deployed to the United
States Africa Command area of responsibility (in this section
referred to as ``AFRICOM AOR'') (other than United States
Armed Forces described in paragraph (2)) to a number that is
below 80 percent of the number deployed as of the day before
the date of the enactment of this Act, the Secretary of
Defense, in consultation with the Secretary of State and the
Director of National Intelligence, shall, not later than 90
days after date of such a reduction, submit to the
appropriate congressional committees a report described in
subsection (b).
(2) United states armed forces described.--United States
Armed Forces described in this paragraph are United States
Armed Forces that are deployed to AFRICOM AOR but are not
under the direct authority of the Commander of United States
Africa Command, including--
(A) forces deployed in conjunction with other Commands;
(B) forces participating in joint exercises;
(C) forces identified for pre-planned activities;
(D) forces used to assist in emergency situations; and
(E) forces designated or assigned for diplomatic or embassy
security.
(b) Report.--
(1) In general.--A report described in this subsection is a
report that includes each of the following:
(A) A strategic plan to--
(i) degrade each of the violent extremist organizations
described in paragraph (2) within the AFRICOM AOR, to include
an assessment of the extent to which such violent extremist
organizations pose a direct threat to the United States; and
(ii) counter the military influence of China and Russia
within the AFRICOM AOR.
(B) The average number of United States Armed Forces that
are under the direct authority of the Commander of United
States Africa Command and deployed to AFRICOM AOR and the
amount of associated expenditures, to be listed by month for
each of the fiscal years 2019 and 2020 and disaggregated by
mission and country, to include those forces deployed to
secure United States embassies.
(C) The average number of United States Armed Forces that
are planned to be under the direct authority of the Commander
of United States Africa Command and deployed to AFRICOM AOR
and the amount of projected associated expenditures, to be
listed by month for fiscal years 2021 and 2022 and
disaggregated by mission and country, to include those forces
deployed to secure United States embassies.
(D) The effect that a reduction described in subsection (a)
would have on military and intelligence efforts to combat
each of the violent extremist organizations described in
paragraph (2), including a statement of the current
objectives of the Secretary of Defense with respect to such
efforts.
(E) A description of any consultation or coordination with
the Department of State or the United States Agency for
International Development with respect to such a reduction
and the effect that such a reduction would have on
diplomatic, developmental, or humanitarian efforts in Africa,
including statements of the current objectives of the
Secretary of State and the Administrator of the United States
Agency for International Development with respect to such
efforts.
(F) The strength, regenerative capacity, and intent of such
violent extremist organizations in the AFRICOM AOR,
including--
(i) an assessment of the number of fighters in the Sahel,
the Horn of Africa, and West Africa who are members of such
violent extremist organizations;
(ii) the threat such violent extremist organizations pose
to host nations and United States allies and partners, and
the extent to which such violent extremist organizations pose
a direct threat to the United States; and
(iii) the likely reaction of such violent extremist
organizations to the withdrawal of United States Armed
Forces.
(G) The strategic risks involved with countering such
violent extremist organizations following such a reduction.
(H) The operational risks involved with conducting United
States led or enabled operations in Africa against such
violent extremist organizations following such a reduction.
(I) For any region of the AFRICOM AOR in which United
States Armed Forces currently are present or conduct
activities, the effect such a reduction would have on power
and influence of China and Russia in such region.
(J) Any consultation or coordination with United States
allies and partners concerning such a reduction.
(K) An assessment of the response from the governments and
military forces of France, the United Kingdom, and Canada to
such a reduction.
(2) Violent extremist organizations described.--The violent
extremist organizations described in this paragraph are
adversarial groups and forces in the AFRICOM AOR, as
determined by the Secretary of Defense.
(c) Additional Reporting Requirement.--Not later than 60
days after the date of the enactment of this Act, the
Secretary of Defense shall submit to the appropriate
congressional committees a report that includes the
information required by subsection (b)(1)(B).
(d) Form.--The reports required by subsections (b) and (c)
shall be submitted in unclassified form, but may contain a
classified annex.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees (which has the
meaning given the term in section 101(a)(16) of title 10,
United States Code);
(2) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(3) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
SEC. 1268. REPORT ON ENHANCING PARTNERSHIPS BETWEEN THE
UNITED STATES AND AFRICAN COUNTRIES.
(a) Report Required.--
(1) In general.--Not later than June 1, 2021, the Secretary
of Defense, in coordination with the Secretary of State,
shall submit to the appropriate congressional committees a
report on the activities and resources required to enhance
security and economic partnerships between the United States
and African countries.
(2) Elements.--The report required under paragraph (1)
shall include the following:
(A) An assessment of the infrastructure accessible to the
Department of Defense on the continent of Africa.
(B) An identification of the ability of the Department to
conduct freedom of movement on the continent, including
identifying the activities of partners, allies, and other
Federal departments and agencies that are facilitated by the
Department's ability to conduct freedom of movement.
(C) Recommendations to meet the requirements identified in
subparagraph (B), including--
(i) dual-use infrastructure projects;
(ii) military construction;
(iii) the acquisition of additional mobility capability by
African countries or the United States Armed Forces,
including strategic air lift, tactical air lift, or sealift
capability; or
(iv) any other option as determined by the Secretary.
(D) Recommendations to expand and strengthen partner and
ally capability, including traditional activities of the
combatant commands, train and equip opportunities,
partnerships with the National Guard and the United States
Coast Guard, and multilateral contributions.
(E) Recommendations for enhancing joint exercises and
training.
(F) An analysis of the security, economic, and stability
benefits of the recommendations identified under
subparagraphs (C) through (E).
(G)(i) A plan to fully resource United States force
posture, capabilities, and stability operations, including--
(I) a detailed assessment of the resources required to
address the elements described in subparagraphs (B) through
(E), including specific cost estimates for recommended
investments or projects; and
(II) a detailed timeline to achieve the recommendations
described in subparagraphs (B) through (D).
(ii) The specific cost estimates required by clause (i)(I)
shall, to the maximum extent practicable, include the
following:
(I) With respect to procurement accounts--
(aa) amounts displayed by account, budget activity, line
number, line item, and line item title; and
(bb) a description of the requirements for each such
amount.
(II) With respect to research, development, test, and
evaluation accounts--
(aa) amounts displayed by account, budget activity, line
number, program element, and program element title; and
(bb) a description of the requirements for each such
amount.
[[Page H3203]]
(III) With respect to operation and maintenance accounts--
(aa) amounts displayed by account title, budget activity
title, line number, and subactivity group title; and
(bb) a description of the specific manner in which each
such amount would be used.
(IV) With respect to military personnel accounts--
(aa) amounts displayed by account, budget activity, budget
subactivity, and budget subactivity title; and
(bb) a description of the requirements for each such
amount.
(V) With respect to each project under military
construction accounts (including unspecified minor military
construction and amounts for planning and design), the
country, location, project title, and project amount for each
fiscal year.
(VI) With respect to any expenditure or proposed
appropriation not described in clause (i) through (iv), a
level of detail equivalent or greater than the level of
detail provided in the future-years defense program submitted
pursuant to section 221(a) of title 10, United States Code.
(3) Considerations.--In preparing the report required under
paragraph (1), the Secretary shall consider--
(A) the economic development and stability of African
countries;
(B) the strategic and economic value of the relationships
between the United States and African countries;
(C) the military, intelligence, diplomatic, developmental,
and humanitarian efforts of China and Russia on the African
continent; and
(D) the ability of the United States, allies, and partners
to combat violent extremist organizations operating in
Africa.
(4) Form.--The report required under paragraph (1) may be
submitted in classified form, but shall include an
unclassified summary.
(b) Interim Briefing Required.--Not later than April 15,
2021, the Secretary of Defense (acting through the Under
Secretary of Defense for Policy, the Under Secretary of
Defense (Comptroller), and the Director of Cost Assessment
and Program Evaluation) and the Chairman of the Joint Chiefs
of Staff shall provide to the congressional defense
committees a joint interim briefing, and any written comments
the Secretary of Defense and the Chairman of the Joint Chiefs
of Staff consider necessary, with respect to their
assessments of the report anticipated to be submitted under
subsection (a).
(c) Definitions.--In this section:
(1) Dual-use infrastructure projects.--The term ``dual-use
infrastructure projects'' means projects that may be used for
either military or civilian purposes.
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees; and
(B) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
SEC. 1269. SENSE OF CONGRESS WITH RESPECT TO QATAR.
It is the sense of Congress that--
(1) the United States and the country of Qatar have built a
strong, enduring, and forward-looking strategic partnership
based on long-standing and mutually beneficial cooperation,
including through security, defense, and economic ties;
(2) robust security cooperation between the United States
and Qatar is crucial to promoting peace and stability in the
Middle East region;
(3) Qatar plays a unique role as host of the forward
headquarters for the United States Central Command, and that
partnership facilitates United States coalition operations
countering terrorism;
(4) Qatar is a major security cooperation partner of the
United States, as recognized in the 2018 Strategic Dialogue
and the 2019 Memorandum of Understanding to expand Al Udeid
Air Base to improve and expand accommodation for United
States military personnel;
(5) the United States values Qatar's provision of access to
its military facilities and its management and financial
assistance in expanding the Al Udeid Air Base, which supports
the continued security presence of the United States in the
Middle East region; and
(6) the United States should--
(A) continue to strengthen the relationship between the
United States and Qatar, including through security and
economic cooperation; and
(B) seek a resolution to the dispute between partner
countries of the Arabian Gulf, which would promote peace and
stability in the Middle East region.
SEC. 1270. SENSE OF CONGRESS ON UNITED STATES MILITARY
SUPPORT FOR AND PARTICIPATION IN THE
MULTINATIONAL FORCE AND OBSERVERS.
It is the sense of Congress that--
(1) the mission of the Multinational Force and Observers
(MFO) is to supervise implementation of the security
provisions of the Egypt-Israel Peace Treaty, signed at
Washington on March 26, 1979, and employ best efforts to
prevent any violation of its terms;
(2) the MFO was established by the Protocol to the Egypt-
Israel Peace Treaty, signed on August 3, 1981, and remains a
critical institution for regional peace and stability; and
(3) as a signatory to the Egypt-Israel Peace Treaty and
subsequent Protocol, the United States strongly supports and
encourages continued United States military support for and
participation in the MFO.
SEC. 1271. PROHIBITION ON SUPPORT FOR MILITARY PARTICIPATION
AGAINST THE HOUTHIS.
(a) Prohibition Relating to Support.--None of the funds
authorized to be appropriated or otherwise made available by
this Act may be made available to provide United States
logistical support to the Saudi-led coalition's operations
against the Houthis in Yemen for coalition strikes,
specifically by providing maintenance or transferring spare
parts to coalition members flying warplanes engaged in anti-
Houthi bombings for coalition strikes.
(b) Prohibition Relating to Military Participation.--None
of the funds authorized to be appropriated or otherwise made
available by this Act may be made available for any civilian
or military personnel of the Department of Defense or
contractors of the Department to command, coordinate,
participate in the movement of, or accompany the regular or
irregular military forces of the Saudi and United Arab
Emirates-led coalition forces engaged in hostilities against
the Houthis in Yemen or in situations in which there exists
an imminent threat that such coalition forces become engaged
in such hostilities, unless and until the President has
obtained specific statutory authorization, in accordance with
section 8(a) of the War Powers Resolution (50 U.S.C.
1547(a)).
(c) Rule of Construction.--The prohibitions under this
section may not be construed to apply with respect to United
States Armed Forces engaged in operations directed at al-
Qaeda or associated forces.
SEC. 1272. RULE OF CONSTRUCTION RELATING TO USE OF MILITARY
FORCE.
Nothing in this Act or any amendment made by this Act may
be construed to authorize the use of military force.
TITLE XIII--COOPERATIVE THREAT REDUCTION
SEC. 1301. FUNDING ALLOCATIONS; SPECIFICATION OF COOPERATIVE
THREAT REDUCTION FUNDS.
(a) Funding Allocation.--Of the $373,690,000 authorized to
be appropriated to the Department of Defense for fiscal year
2021 in section 301 and made available by the funding table
in division D for the Department of Defense Cooperative
Threat Reduction Program established under section 1321 of
the Department of Defense Cooperative Threat Reduction Act
(50 U.S.C. 3711), the following amounts may be obligated for
the purposes specified:
(1) For strategic offensive arms elimination, $2,924,000.
(2) For chemical weapons destruction, $12,856,000.
(3) For global nuclear security, $33,919,000.
(4) For cooperative biological engagement, $216,200,000.
(5) For proliferation prevention, $79,869,000.
(6) For activities designated as Other Assessments/
Administrative Costs, $27,922,000.
(b) Specification of Cooperative Threat Reduction Funds.--
Funds appropriated pursuant to the authorization of
appropriations in section 301 and made available by the
funding table in division D for the Department of Defense
Cooperative Threat Reduction Program shall be available for
obligation for fiscal years 2021, 2022, and 2023.
TITLE XIV--OTHER AUTHORIZATIONS
Subtitle A--Military Programs
SEC. 1401. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds, as
specified in the funding table in section 4501.
SEC. 1402. CHEMICAL AGENTS AND MUNITIONS DESTRUCTION,
DEFENSE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for the Department of Defense
for fiscal year 2021 for expenses, not otherwise provided
for, for Chemical Agents and Munitions Destruction, Defense,
as specified in the funding table in section 4501.
(b) Use.--Amounts authorized to be appropriated under
subsection (a) are authorized for--
(1) the destruction of lethal chemical agents and munitions
in accordance with section 1412 of the Department of Defense
Authorization Act, 1986 (50 U.S.C. 1521); and
(2) the destruction of chemical warfare materiel of the
United States that is not covered by section 1412 of such
Act.
SEC. 1403. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2021 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, as specified in the funding
table in section 4501.
SEC. 1404. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2021 for expenses, not
otherwise provided for, for the Office of the Inspector
General of the Department of Defense, as specified in the
funding table in section 4501.
SEC. 1405. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the Defense Health Program for use of the Armed
Forces and other activities and agencies of the Department of
Defense for providing for the health of eligible
beneficiaries, as specified in the funding table in section
4501.
SEC. 1406. NATIONAL DEFENSE SEALIFT FUND.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the National Defense Sealift Fund, as specified
in the funding tables in section 4501.
[[Page H3204]]
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.
(a) Authority for Transfer of Funds.--Of the funds
authorized to be appropriated by section 1405 and available
for the Defense Health Program for operation and maintenance,
$137,000,000 may be transferred by the Secretary of Defense
to the Joint Department of Defense-Department of Veterans
Affairs Medical Facility Demonstration Fund established by
subsection (a)(1) of section 1704 of the National Defense
Authorization Act for Fiscal Year 2010 (Public Law 111-84;
123 Stat. 2571). For purposes of subsection (a)(2) of such
section 1704, any funds so transferred shall be treated as
amounts authorized and appropriated specifically for the
purpose of such a transfer.
(b) Use of Transferred Funds.--For the purposes of
subsection (b) of such section 1704, facility operations for
which funds transferred under subsection (a) may be used are
operations of the Captain James A. Lovell Federal Health Care
Center, consisting of the North Chicago Veterans Affairs
Medical Center, the Navy Ambulatory Care Center, and
supporting facilities designated as a combined Federal
medical facility under an operational agreement covered by
section 706 of the Duncan Hunter National Defense
Authorization Act for Fiscal Year 2009 (Public Law 110-417;
122 Stat. 4500).
SEC. 1412. AUTHORIZATION OF APPROPRIATIONS FOR ARMED FORCES
RETIREMENT HOME.
There is hereby authorized to be appropriated for fiscal
year 2021 from the Armed Forces Retirement Home Trust Fund
the sum of $70,300,000 for the operation of the Armed Forces
Retirement Home.
TITLE XV--AUTHORIZATION OF ADDITIONAL APPROPRIATIONS FOR OVERSEAS
CONTINGENCY OPERATIONS
Subtitle A--Authorization of Appropriations
SEC. 1501. PURPOSE.
The purpose of this title is to authorize appropriations
for the Department of Defense for fiscal year 2021 to provide
additional funds for overseas contingency operations being
carried out by the Armed Forces.
SEC. 1502. PROCUREMENT.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for procurement accounts for the Army, the Navy and
the Marine Corps, the Air Force, and Defense-wide activities,
as specified in the funding table in section 4102.
SEC. 1503. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the use of the Department of Defense for
research, development, test, and evaluation, as specified in
the funding table in section 4202.
SEC. 1504. OPERATION AND MAINTENANCE.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, for operation and
maintenance, as specified in the funding table in section
4302.
SEC. 1505. MILITARY PERSONNEL.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
expenses, not otherwise provided for, military personnel
accounts, as specified in the funding table in section 4402.
SEC. 1506. WORKING CAPITAL FUNDS.
Funds are hereby authorized to be appropriated for fiscal
year 2021 for the use of the Armed Forces and other
activities and agencies of the Department of Defense for
providing capital for working capital and revolving funds, as
specified in the funding table in section 4502.
SEC. 1507. DRUG INTERDICTION AND COUNTER-DRUG ACTIVITIES,
DEFENSE-WIDE.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2021 for expenses, not
otherwise provided for, for Drug Interdiction and Counter-
Drug Activities, Defense-wide, as specified in the funding
table in section 4502.
SEC. 1508. DEFENSE INSPECTOR GENERAL.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2021 for expenses, not
otherwise provided for, for the Office of the Inspector
General of the Department of Defense, as specified in the
funding table in section 4502.
SEC. 1509. DEFENSE HEALTH PROGRAM.
Funds are hereby authorized to be appropriated for the
Department of Defense for fiscal year 2021 for expenses, not
otherwise provided for, for the Defense Health Program, as
specified in the funding table in section 4502.
Subtitle B--Financial Matters
SEC. 1511. TREATMENT AS ADDITIONAL AUTHORIZATIONS.
The amounts authorized to be appropriated by this title are
in addition to amounts otherwise authorized to be
appropriated by this Act.
SEC. 1512. SPECIAL TRANSFER AUTHORITY.
(a) Authority To Transfer Authorizations.--
(1) Authority.--Upon determination by the Secretary of
Defense that such action is necessary in the national
interest, the Secretary may transfer amounts of
authorizations made available to the Department of Defense in
this title for fiscal year 2021 between any such
authorizations for that fiscal year (or any subdivisions
thereof). Amounts of authorizations so transferred shall be
merged with and be available for the same purposes as the
authorization to which transferred.
(2) Limitation.--The total amount of authorizations that
the Secretary may transfer under the authority of this
subsection may not exceed $2,500,000,000.
(b) Terms and Conditions.--
(1) In general.--Transfers under this section shall be
subject to the same terms and conditions as transfers under
section 1001.
(2) Additional limitation on transfers from the national
guard and reserve equipment.--The authority provided by
subsection (a) may not be used to transfer any amount from
National Guard and Reserve Equipment.
(c) Additional Authority.--The transfer authority provided
by this section is in addition to the transfer authority
provided under section 1001.
Subtitle C--Other Matters
SEC. 1521. AFGHANISTAN SECURITY FORCES FUND.
(a) Continuation of Prior Authorities and Notice and
Reporting Requirements.--Funds available to the Department of
Defense for the Afghanistan Security Forces Fund for fiscal
year 2021 shall be subject to the conditions contained in--
(1) subsections (b) through (f) of section 1513 of the
National Defense Authorization Act for Fiscal Year 2008
(Public Law 110-181; 122 Stat. 428); and
(2) section 1521(d)(1) of the National Defense
Authorization Act for Fiscal Year 2017 (Public Law 114-328;
130 Stat. 2577) (as amended by subsection (b)).
(b) Extension of Prior Notice and Reporting Requirements.--
Section 1521(d)(1) of the National Defense Authorization Act
for Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2577) is
amended by striking ``through January 31, 2021'' and
inserting ``through January 31, 2023''.
(c) Equipment Disposition.--
(1) Acceptance of certain equipment.--Subject to paragraph
(2), the Secretary of Defense may accept equipment that is
procured using amounts authorized to be appropriated for the
Afghanistan Security Forces Fund by this Act and is intended
for transfer to the security forces of the Ministry of
Defense and the Ministry of the Interior of the Government of
Afghanistan, but is not accepted by such security forces.
(2) Conditions on acceptance of equipment.--Before
accepting any equipment under the authority provided by
paragraph (1), the Commander of United States forces in
Afghanistan shall make a determination that such equipment
was procured for the purpose of meeting requirements of the
security forces of the Ministry of Defense and the Ministry
of the Interior of the Government of Afghanistan, as agreed
to by both the Government of Afghanistan and the Government
of the United States, but is no longer required by such
security forces or was damaged before transfer to such
security forces.
(3) Elements of determination.--In making a determination
under paragraph (2) regarding equipment, the Commander of
United States forces in Afghanistan shall consider
alternatives to the acceptance of such equipment by the
Secretary. An explanation of each determination, including
the basis for the determination and the alternatives
considered, shall be included in the relevant quarterly
report required under paragraph (5).
(4) Treatment as department of defense stocks.--Equipment
accepted under the authority provided by paragraph (1) may be
treated as stocks of the Department of Defense upon
notification to the congressional defense committees of such
treatment.
(5) Quarterly reports on equipment disposition.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act and every 90-day period thereafter
during which the authority provided by paragraph (1) is
exercised, the Secretary shall submit to the congressional
defense committees a report describing the equipment accepted
during the period covered by such report under the following:
(i) This subsection.
(ii) Section 1521(b) of the National Defense Authorization
Act for Fiscal Year 2017 (Public Law 114-328; 130 Stat.
2575).
(iii) Section 1531(b) of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1088).
(iv) Section 1532(b) of the Carl Levin and Howard P.
``Buck'' McKeon National Defense Authorization Act for Fiscal
Year 2015 (Public Law 113-291; 128 Stat. 3613).
(v) Section 1531(d) of the National Defense Authorization
Act for Fiscal Year 2014 (Public Law 113-66; 127 Stat. 938;
10 U.S.C. 2302 note).
(B) Elements.--Each report under subparagraph (A) shall
include a list of all equipment that was accepted during the
period covered by such report and treated as stocks of the
Department of Defense and copies of the determinations made
under paragraph (2), as required by paragraph (3).
(d) Security of Afghan Women.--
(1) In general.--Of the funds available to the Department
of Defense for the Afghan Security Forces Fund for fiscal
year 2021, it is the goal that $29,100,000, but in no event
less than $10,000,000, shall be used for the recruitment,
integration, retention, training, and treatment of women in
the Afghan National Defense and Security Forces.
(2) Types of programs and activities.--Such programs and
activities may include--
(A) efforts to recruit and retain women into the Afghan
National Defense and Security Forces, including the special
operations forces;
(B) programs and activities of the Directorate of Human
Rights and Gender Integration of the
[[Page H3205]]
Ministry of Defense of Afghanistan and the Office of Human
Rights, Gender and Child Rights of the Ministry of Interior
of Afghanistan;
(C) development and dissemination of gender and human
rights educational and training materials and programs within
the Ministry of Defense and the Ministry of Interior of
Afghanistan;
(D) efforts to address harassment and violence against
women within the Afghan National Defense and Security Forces;
(E) improvements to infrastructure that address the
requirements of women serving in the Afghan National Defense
and Security Forces, including appropriate equipment for
female security and police forces, and transportation for
policewomen to their station;
(F) support for Afghanistan National Police Family Response
Units;
(G) security provisions for high-profile female police and
military officers;
(H) programs to promote conflict prevention, management,
and resolution through the meaningful participation of Afghan
women in the Afghan National Defense and Security Forces, by
exposing Afghan women and girls to the activities of and
careers available with such forces, encouraging their
interest in such careers, or developing their interest and
skills necessary for service in such forces; and
(I) enhancements to Afghan National Defense and Security
Forces recruitment programs for targeted advertising with the
goal of increasing the number of female recruits.
(e) Assessment of Afghanistan Progress on Objectives.--
(1) Assessment required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall, in consultation with the Secretary of State, submit to
the Committee on Armed Services and the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Armed Services and the Committee on Foreign Relations of the
Senate an assessment describing--
(A) the progress of the Government of the Islamic Republic
of Afghanistan toward meeting shared security objectives; and
(B) the efforts of the Government of the Islamic Republic
of Afghanistan to manage, employ, and sustain the equipment
and inventory provided under subsection (a).
(2) Matters to be included.--In conducting the assessment
required by paragraph (1), the Secretary of Defense shall
include each of the following:
(A) The extent to which the Government of Afghanistan has a
strategy for, and has taken steps toward, increased
accountability and the reduction of corruption within the
Ministry of Defense and the Ministry of Interior of
Afghanistan.
(B) The extent to which the capability and capacity of the
Afghan National Defense and Security Forces have improved as
a result of Afghanistan Security Forces Fund investment,
including through training, and an articulation of the
metrics used to assess such improvements.
(C) The extent to which the Afghan National Defense and
Security Forces have been able to increase pressure on the
Taliban, al-Qaeda, the Haqqani network, the Islamic State of
Iraq and Syria-Khorasan, and other terrorist organizations,
including by re-taking territory, defending territory, and
disrupting attacks.
(D) The distribution practices of the Afghan National
Defense and Security Forces and whether the Government of
Afghanistan is ensuring that supplies, equipment, and
weaponry supplied by the United States are appropriately
distributed to, and employed by, security forces charged with
fighting the Taliban and other terrorist organizations.
(E) A description of--
(i) the policy governing the use of Acquisition and Cross
Servicing Agreements (ACSA) in Afghanistan;
(ii) each ACSA transaction by type, amount, and recipient
for calendar year 2020; and
(iii) for any transactions from the United States to Afghan
military forces, an explanation for why such transaction was
not carried out under the authorities of the Afghanistan
Security Forces Fund.
(F) The extent to which the Government of Afghanistan has
designated the appropriate staff, prioritized the development
of relevant processes, and provided or requested the
allocation of resources necessary to support a peace and
reconciliation process in Afghanistan.
(G) A description of the ability of the Ministry of Defense
and the Ministry of Interior of Afghanistan to manage and
account for previously divested equipment, including a
description of any vulnerabilities or weaknesses of the
internal controls of such Ministry of Defense and Ministry of
Interior and any plan in place to address shortfalls.
(H) A description of any significant irregularities in the
divestment of equipment to the Afghan National Defense and
Security Forces during the period beginning on May 1, 2020,
and ending on May 1, 2021, including any major losses of such
equipment or any inability on the part of the Afghan National
Defense and Security Forces to account for equipment so
procured.
(I) A description of the sustainment and maintenance costs
required during the 5-year period beginning on the date of
the enactment of this Act, for major weapons platforms
previously divested, and a description of the plan for the
Afghan National Defense and Security Forces to maintain such
platforms in the future.
(J) The extent to which the Government of Afghanistan is
adhering to conditions for receiving assistance established
in annual financial commitment letters or any other bilateral
agreements with the United States.
(K) The extent to which the Government of Afghanistan has
made progress in achieving security sector benchmarks as
outlined by the United States-Afghan Compact (commonly known
as the ``Kabul Compact'') and a description of any other
documents, plans, or agreements used by the United States to
measure security sector progress.
(L) The extent to which the Government of Afghanistan or
the Secretary has developed a plan to integrate former
Taliban fighters into the Ministries of Defense or Interior.
(M) Such other factors as the Secretaries consider
appropriate.
(3) Form.--The assessment required by paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
(4) Withholding of assistance for insufficient progress.--
(A) In general.--If the Secretary of Defense determines, in
coordination with the Secretary of State and pursuant to the
assessment under paragraph (1), that the Government of
Afghanistan has made insufficient progress in the areas
described in paragraph (2), the Secretary of Defense shall--
(i) withhold $401,500,000, to be derived from amounts made
available for assistance for the Afghan National Defense and
Security Forces, from expenditure or obligation until the
date on which the Secretary certifies to the congressional
defense committees that the Government of Afghanistan has
made sufficient progress; and
(ii) notify the congressional defense committees not later
than 30 days before withholding such funds.
(B) Waiver.--If the Secretary of Defense determines that
withholding such assistance would impede the national
security objectives of the United States by prohibiting,
restricting, delaying, or otherwise limiting the provision of
assistance, the Secretary may waive the withholding
requirement under subparagraph (A) if the Secretary, in
coordination with the Secretary of State, certifies such
determination to the congressional defense committees not
later than 30 days before the effective date of the waiver.
(f) Additional Reporting Requirements.--The Secretary of
Defense shall include in the materials submitted in support
of the budget for fiscal year 2022 that is submitted by the
President under section 1105(a) of title 31, United States
Code, each of the following:
(1) The amount of funding provided in fiscal year 2020
through the Afghanistan Security Forces Fund to the
Government of Afghanistan in the form of direct government-
to-government assistance or on-budget assistance for the
purposes of supporting any entity of such government,
including the Afghan National Defense and Security Forces,
the Afghan Ministry of Interior, or the Afghan Ministry of
Defense.
(2) The amount of funding provided and anticipated to be
provided, as of the date of the submission of the materials,
in fiscal year 2021 through such Fund in such form.
(3) To the extent the amount described in paragraph (2)
exceeds the amount described in paragraph (1), an explanation
as to the reason why the such amount is greater and the
specific entities and purposes that were supported by such
increase.
TITLE XVI--STRATEGIC PROGRAMS, CYBER, AND INTELLIGENCE MATTERS
Subtitle A--Space Activities
SEC. 1601. NATIONAL SECURITY SPACE LAUNCH PROGRAM.
(a) Phase Two Acquisition Strategy.--In carrying out the
phase two acquisition strategy, the Secretary of the Air
Force--
(1) may not change the mission performance requirements;
(2) may not change the acquisition schedule;
(3) may not award phase two contracts after September 30,
2024;
(4) shall award phase two contracts to not more than two
National Security Space Launch providers;
(5) shall ensure that launch services are procured only
from National Security Space Launch providers that meet the
requirements for the phase two contracts;
(6) not later than 180 days after the date on which phase
two contracts are awarded, shall terminate launch service
agreement contracts awarded under such phase two acquisition
strategy to each National Security Space Launch provider that
is not a down-selected National Security Launch provider; and
(7) may not increase the total amount of funding included
in the initial launch service agreements with down-selected
National Security Launch providers.
(b) Reusability.--
(1) Certification.--Not later than 18 months after the date
on which the Secretary determines the down-selected National
Security Space Launch providers, the Secretary shall certify
to the appropriate congressional committees that the
Secretary has completed all non-recurring design validation
of previously flown launch hardware for National Security
Space Launch providers offering such hardware for use in
phase two contracts or in future national security space
missions.
(2) Report.--Not later than 180 days after the date on
which the Secretary determines the down-selected National
Security Space Launch providers, the Secretary shall submit
to the appropriate congressional committees a report on the
progress of the Secretary with respect to completing all non-
recurring design validation of previously flown launch
hardware described in paragraph (1), including--
(A) a justification for any deviation from the new entrant
certification guide; and
(B) a description of such progress with respect to National
Security Space Launch providers that are not down-selected
National Security Space Launch providers, if applicable.
(c) Funding for Certification, Infrastructure, and
Technology Development.--
(1) Authority.--Pursuant to section 2371b of title 10,
United States Code, not later than September 30, 2021, the
Secretary of the Air Force
[[Page H3206]]
shall enter into three agreements described in paragraph (3)
with National Security Space Launch providers--
(A) to maintain competition in order to maximize the
likelihood of at least three National Security Space Launch
providers competing for phase three contracts; and
(B) to support innovation for national security launches
under phase three contracts.
(2) Competitive procedures.--The Secretary shall carry out
paragraph (1) by conducting a full and open competition among
all National Security Space Launch providers that may submit
bids for a phase three contract.
(3) Agreements.--An agreement described in this paragraph
is an agreement that provides a National Security Space
Launch provider with not more than $150,000,000 for the
provider to conduct either or both of the following
activities:
(A) Meet the certification and infrastructure requirements
that are--
(i) unique to national security space missions; and
(ii) necessary for a phase three contract.
(B) Develop transformational technologies in support of the
national security space launch capability for phase three
contracts (such as technologies regarding launch, maneuver,
and transport capabilities for enhanced resiliency and
security technologies, as identified in the National Security
Launch Architecture study of the Space and Missile Systems
Center of the Space Force).
(4) Report.--Not later than 30 days after the date on which
the Secretary enters into an agreement under paragraph (1),
the Secretary shall submit to the appropriate congressional
committees a report explaining how the Secretary determined
the certification and infrastructure requirements and the
transformational technologies covered under paragraph (3).
(d) Briefing.--Not later than December 31, 2020, the
Secretary shall provide to the congressional defense
committees a briefing on the progress made by the Secretary
in ensuring that full and open competition exists for phase
three contracts, including--
(1) a description of progress made to establish the
requirements for phase three contracts, including such
requirements that the Secretary determines cannot be met by
the commercial market;
(2) whether the Secretary determines that additional
development funding will be necessary for such phase;
(3) a description of the estimated costs for the
development described in subparagraphs (A) and (B) of
subsection (c)(3); and
(4) how the Secretary will--
(A) ensure full and open competition for technology
development for phase three contracts; and
(B) maintain competition.
(e) Rule of Construction.--Nothing in this section may be
construed to delay the award of phase two contracts.
(f) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees; and
(B) the Permanent Select Committee on Intelligence of the
House of Representatives and the Select Committee on
Intelligence of the Senate.
(2) The term ``down-selected National Security Launch
provider'' means a National Security Space Launch provider
that the Secretary of the Air Force selected to be awarded
phase two contracts.
(3) The term ``phase three contract'' means a contract
awarded using competitive procedures for launch services
under the National Security Space Launch program after fiscal
year 2024.
(4) The term ``phase two acquisition strategy'' means the
process by which the Secretary of the Air Force enters into
phase two contracts during fiscal year 2020, orders launch
missions during fiscal years 2020 through 2024, and carries
out such launches under the National Security Space Launch
program.
(5) The term ``phase two contract'' means a contract
awarded during fiscal year 2020 using competitive procedures
for launch missions ordered under the National Security Space
Launch program during fiscal years 2020 through 2024.
SEC. 1602. REQUIREMENT TO BUY CERTAIN SATELLITE COMPONENT
FROM NATIONAL TECHNOLOGY AND INDUSTRIAL BASE.
Section 2534(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(7) Star tracker.--A star tracker used in a satellite
weighing more than 400 pounds whose principle purpose is to
support the national security, defense, or intelligence needs
of the United States Government.''.
SEC. 1603. COMMERCIAL SPACE DOMAIN AWARENESS CAPABILITIES.
(a) Procurement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of the Air Force
shall procure commercial space domain awareness services by
awarding at least two contracts for such services.
(b) Limitation.--Of the funds authorized to be appropriated
by this Act or otherwise made available for fiscal year 2021
for the enterprise space battle management command and
control, not more than 75 percent may be obligated or
expended until the date on which the Secretary of Defense,
without delegation, certifies to the congressional committees
that the Secretary of the Air Force has awarded the contracts
under subsection (a).
(c) Report.--Not later than January 31, 2021, the Chief of
Space Operations, in coordination with the Secretary of the
Air Force, shall submit to the congressional defense
committees a report detailing the commercial space domain
awareness services, data, and analytics of objects in low-
earth orbit that have been purchased during the two-year
period preceding the date of the report. The report shall be
submitted in unclassified form.
(d) Commercial Space Domain Awareness Services Defined.--In
this section, the term ``commercial space domain awareness
services'' means space domain awareness data, processing
software, and analytics derived from best-in-breed commercial
capabilities to address warfighter requirements in low-earth
orbit and fill gaps in current space domain capabilities of
the Space Force, including commercial capabilities to--
(1) provide conjunction and maneuver alerts;
(2) monitor breakup and launch events; and
(2) detect and track objects smaller than 10 centimeters in
size.
SEC. 1604. RESPONSIVE SATELLITE INFRASTRUCTURE.
(a) In General.--The Secretary of Defense shall establish a
domestic responsive satellite manufacturing capability for
Department of Defense space operations to be used--
(1) for the development of components, systems, structures,
and payloads necessary to reconstitute a national security
space asset that has been destroyed, failed, or otherwise
determined to be incapable of performing mission
requirements; and
(2) to rapidly acquire and field necessary space-based
capabilities needed to maintain continuity of national
security space missions and limit capability disruption to
the warfighter.
(b) Plan for Responsive Satellite Infrastructure.--The
Secretary of Defense, in consultation with the Secretary of
the Air Force, the Chief of Space Operations, and the
Commander of United States Space Command, shall develop an
operational plan and acquisition strategy for responsive
satellite infrastructure to swiftly identify need, develop
capability, and launch a responsive satellite to fill a
critical capability gap in the event of destruction or
failure of a space asset or otherwise determined need.
(c) Matters Included.--The plan outlined under subsection
(b) shall include the following:
(1) A process for determining whether the reconstitution of
a space asset is necessary.
(2) The timeframe in which a developed satellite is
determined to be ``responsive''.
(3) A plan to leverage domestic commercial entities in the
``new space'' supply chain that have already demonstrated
rapid satellite product development and delivery capability
to meet new ``mission responsiveness'' requirements being
passed down by Department of Defense prime satellite
contractors in--
(A) power systems and solar arrays;
(B) payloads and integration features; and
(C) buses and structures.
(4) An assessment of acquisition requirements and standards
necessary for commercial entities to meet Department of
Defense validation of supply chains, processes, and
technologies while operating under rapid development cycles
needed to maintain a responsive timeframe as determined by
paragraph (2).
(5) Such other matters as the Secretary considers
appropriate.
(d) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report detailing the plan under
subsection (b).
SEC. 1605. POLICY TO ENSURE LAUNCH OF SMALL-CLASS PAYLOADS.
(a) In General.--The Secretary of Defense shall establish a
small launch and satellite policy to ensure responsive and
reliable access to space through the processing and launch of
Department of Defense small-class payloads.
(b) Policy.--The policy under subsection (a) shall include,
at a minimum, providing resources and policy guidance to
sustain--
(1) the availability of small-class payload launch service
providers using launch vehicles capable of delivering into
space small payloads designated by the Secretary of Defense
as a national security payload;
(2) a robust small-class payload space launch
infrastructure and industrial base;
(3) the availability of rapid, responsive, and reliable
space launches for national security space programs to--
(A) improve the responsiveness and flexibility of a
national security space system;
(B) lower the costs of launching a national security space
system; and
(C) maintain risks of mission success at acceptable levels;
(4) a minimum number of dedicated launches each year; and
(5) full and open competition including small launch
providers and rideshare opportunities.
(c) Acquisition Strategy.--The Secretary shall develop and
carry out a five-year phased acquisition strategy, including
near and long term, for the small launch and satellite policy
under subsection (a).
(d) Elements.--The acquisition strategy under subsection
(c) shall--
(1) provide the necessary--
(A) stability in budgeting and acquisition of capabilities;
(B) flexibility to the Federal Government; and
(C) procedures for fair competition; and
(2) specifically take into account, as appropriate per
competition, the effect of--
(A) contracts or agreements for launch services or launch
capability entered into by the Department of Defense with
small-class payload space launch providers;
(B) the requirements of the Department of Defense,
including with respect to launch capabilities and pricing
data, that are met by such providers;
(C) the cost of integrating a satellite onto a launch
vehicle;
(D) launch performance history (at least three successful
launches of the same launch vehicle design) and maturity;
(E) ability of a launch provider to provide the option of
dedicated and rideshare launch capabilities; and
[[Page H3207]]
(F) any other matters the Secretary considers appropriate.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
congressional defense committees a report describing a plan
for the policy under subsection (a), including with respect
to the cost of launches and an assessment of mission risk.
SEC. 1606. TACTICALLY RESPONSIVE SPACE LAUNCH OPERATIONS.
The Secretary of the Air Force shall implement a tactically
responsive space launch program--
(1) to provide long-term continuity for tactically
responsive space launch operations across the future-years
defense program submitted to Congress under section 221 of
title 10, United States Code;
(2) to accelerate the development of--
(A) responsive launch concepts of operations;
(B) tactics;
(C) training; and
(D) procedures;
(3) to develop appropriate processes for tactically
responsive space launch, including--
(A) mission assurance processes; and
(B) command and control, tracking, telemetry, and
communications; and
(4) to identify basing capabilities necessary to enable
tactically responsive space launch, including mobile launch
range infrastructure.
SEC. 1607. LIMITATION ON AVAILABILITY OF FUNDS FOR PROTOTYPE
PROGRAM FOR MULTI-GLOBAL NAVIGATION SATELLITE
SYSTEM RECEIVER DEVELOPMENT.
Of the funds authorized to be appropriated by this Act or
otherwise made available for fiscal year 2021 for increment 2
of the acquisition of military Global Positioning System user
equipment terminals, not more than 80 percent may be
obligated or expended until the date on which the Secretary
of Defense--
(1) certifies to the congressional defense committees that
the Secretary of the Air Force is carrying out the program
required under section 1607 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92;
133 Stat. 1724); and
(2) provides to the Committees on Armed Services of the
House of Representatives and the Senate a briefing on how the
Secretary is implementing such program, including with
respect to addressing each element specified in subsection
(b) of such section.
SEC. 1608. LIMITATION ON AWARDING CONTRACTS TO ENTITIES
OPERATING COMMERCIAL TERRESTRIAL COMMUNICATION
NETWORKS THAT CAUSE INTERFERENCE WITH THE
GLOBAL POSITIONING SYSTEM.
The Secretary of Defense may not enter into a contract, or
extend or renew a contract, with an entity that engages in
commercial terrestrial operations using the 1525-1559
megahertz band or the 1626.5-1660.5 megahertz band unless the
Secretary has certified to the congressional defense
committees that such operations do not cause harmful
interference to a Global Positioning System device of the
Department of Defense.
SEC. 1609. PROHIBITION ON AVAILABILITY OF FUNDS FOR CERTAIN
PURPOSES RELATING TO THE GLOBAL POSITIONING
SYSTEM.
(a) Findings.--Congress finds the following:
(1) On April 19, 2020, the Federal Communications
Commission issued an order and authorization granting Ligado
Networks LLC the authority to operate a nationwide
terrestrial communications network using the 1526-1536
megahertz band, the 1627.5-1637.5 megahertz band, or the
1646.5-1656.5 megahertz band.
(2) In an attempt to address interference to the Global
Positioning System operating near those bands, Ligado
Networks LLC has committed to assuming the costs mitigating
any interference caused by their network.
(3) In the approval order, the Federal Communications
Commission directed that ``Ligado takes all necessary
mitigation measures to prevent or remediate any potential
harmful interference to U.S. Government devices, including
devices used by the military, that are identified both pre-
and post-deployment of Ligado's network.''.
(4) In a letter to the Committee on Armed Services of the
House of Representatives dated May 21, 2020, Ligado Networks
LLC reaffirmed the commitment to bear the costs to the
Department of Defense, stating that the ``FCC directed Ligado
to provide protections to GPS devices using its spectrum by
imposing stringent coordination, cooperation, and replacement
obligations on Ligado, so that Ligado bears the burden'' and
``Make no mistake: the obligation is ours, and the burden
falls solely on our company.''.
(b) Prohibition.--Except as provided by subsection (c),
none of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2021 or any
subsequent fiscal year for the Department of Defense may be
obligated or expended to retrofit any Global Positioning
System device or system, or network that uses the Global
Positioning System, in order to mitigate interference from
commercial terrestrial operations using the 1526-1536
megahertz band, the 1627.5-1637.5 megahertz band, or the
1646.5-1656.5 megahertz band.
(c) Actions Not Prohibited.--The prohibition in subsection
(a) shall not apply to any action taken by the Secretary of
Defense relating to--
(1) conducting technical or information exchanges with the
entity that operates the commercial terrestrial operations in
the megahertz bands specified in such subsection;
(2) seeking compensation for interference from such entity;
or
(3) Global Positioning System receiver upgrades needed to
address other resiliency requirements.
SEC. 1610. REPORT ON RESILIENT PROTECTED COMMUNICATIONS
SATELLITES.
(a) Findings.--Congress finds the following:
(1) The national command, control, and communications
system of the Department of Defense is essential to the
national security of the United States.
(2) The Department of Defense requires the space segments
of such system to be resilient and survivable to address
advanced threats from Russia and China.
(3) The next-generation overhead persistent infrared
missile warning satellites are being upgraded with enhanced
resiliency features to make them much less vulnerable to
attack and will begin launch in 2025.
(4) Because missile warning satellites rely on protected
communications satellites to relay warnings and response
orders, the next-generation overhead persistent infrared
missile warning satellites will require protected
communications satellites with enhanced resiliency features,
however, the current plan of the Space Force is to provide
those capabilities with the evolved strategic satellite
communications program that will not be available until 2032
or later.
(5) As a result, the Chief of Space Operations should
implement an accelerated plan to achieve more resilient
protected communications satellites without delay.
(b) Report.--Not later than 60 days after the date of the
enactment of this Act, the Chief of Space Operations shall
submit to the congressional defense committees a report on
how the Space Force will address the need for resilient
protected communications satellites during the years 2025
through 2032.
Subtitle B--Defense Intelligence and Intelligence-Related Activities
SEC. 1611. VALIDATION OF CAPABILITY REQUIREMENTS OF NATIONAL
GEOSPATIAL-INTELLIGENCE AGENCY.
Section 442 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(f) Validation.--The National Geospatial-Intelligence
Agency shall assist the Joint Chiefs of Staff, combatant
commands, and the military departments in establishing,
coordinating, consolidating, and validating mapping,
charting, geodetic data, and safety of navigation capability
requirements through a formal process governed by the Joint
Staff. Consistent with validated requirements, the National
Geospatial-Intelligence Agency shall provide aeronautical and
nautical charts that are safe for navigation, maps, books,
datasets, models, and geodetic products.''.
SEC. 1612. SAFETY OF NAVIGATION MISSION OF THE NATIONAL
GEOSPATIAL-INTELLIGENCE AGENCY.
(a) Mission of National Geospatial-Intelligence Agency.--
Section 442 of title 10, United States Code, as amended by
section 1611, is further amended--
(1) in subsection (b)--
(A) by striking ``means of navigating vessels of the Navy
and the merchant marine'' and inserting ``the means for safe
navigation''; and
(B) by striking ``and inexpensive nautical charts'' and all
that follows and inserting ``geospatial information for use
by the departments and agencies of the United States, the
merchant marine, and navigators generally.''; and
(2) in subsection (c)--
(A) by striking ``shall prepare and'' and inserting ``shall
acquire, prepare, and'';
(B) by striking ``charts'' and inserting ``safe-for-
navigation charts and datasets''; and
(C) by striking ``geodetic'' and inserting ``geomatics''.
(b) Maps, Charts, and Books.--
(1) In general.--Section 451 of title 10, United States
Code, is amended--
(A) in the heading, by striking ``and books'' and inserting
``books, and datasets'';
(B) in paragraph (1), by striking ``maps, charts, and
nautical books'' and inserting ``nautical and aeronautical
charts, topographic and geomatics maps, books, models, and
datasets''; and
(C) by amending paragraph (2) to read as follows:
``(2) acquire (by purchase, lease, license, or barter) all
necessary rights, including copyrights and other intellectual
property rights, required to prepare, publish, and furnish to
navigators the products described in paragraph (1).''.
(2) Table of sections amendment.--The table of sections at
the beginning of subchapter II of chapter 22 of title 10,
United States Code, is amended by striking the item relating
to section 451 and inserting the following new item:
``451. Maps, charts, books, and datasets.''.
(c) Civil Actions Barred.--Section 456 of title 10, United
States Code, is amended by striking subsections (a) and (b)
and inserting the following:
``No civil action may be brought against the United States
on the basis of the content of geospatial information
prepared or disseminated by the National Geospatial-
Intelligence Agency.''.
(d) Definitions.--Section 467 of title 10, United States
Code, is amended--
(1) in paragraph (4)--
(A) in the matter preceding subparagraph (A), by inserting
``or about'' after ``boundaries on'';
(B) in subparagraph (A), by striking ``statistical''; and
(C) in subparagraph (B)--
(i) by striking ``geodetic'' and inserting ``geomatics'';
and
[[Page H3208]]
(ii) by inserting ``and services'' after ``products''; and
(2) in paragraph (5), by inserting ``or about'' after
``activities on''.
SEC. 1613. NATIONAL ACADEMIES CLIMATE SECURITY ROUNDTABLE.
(a) In General.--The Under Secretary of Defense for
Intelligence and Security, in coordination with the Director
of National Intelligence, shall enter into a joint agreement
with the Academies to create a new ``National Academies
Climate Security Roundtable'' (in this section referred to as
the ``roundtable'').
(b) Participants.--The roundtable shall include--
(1) the members of the Climate Security Advisory Council
established under section 120 of the National Security Act of
1947 (50 U.S.C. 3060);
(2) senior representatives and practitioners from Federal
science agencies, elements of the intelligence community, and
the Department of Defense, who are not members of the
Council; and
(3) key stakeholders in the United States scientific
enterprise, including institutions of higher education,
Federal research laboratories (including the national
security laboratories), industry, and nonprofit research
organizations.
(c) Purpose.--The purpose of the roundtable is--
(1) to support the duties and responsibilities of the
Climate Security Advisory Council under section 120(c) of the
National Security Act of 1947 (50 U.S.C. 3060(c));
(2) to develop best practices for the exchange of data,
knowledge, and expertise among elements of the intelligence
community, elements of the Federal Government that are not
elements of the intelligence community, and non-Federal
researchers;
(3) to facilitate dialogue and collaboration about relevant
collection and analytic priorities among participants of the
roundtable with respect to climate security;
(4) to identify relevant gaps in the exchange of data,
knowledge, or expertise among participants of the roundtable
with respect to climate security, and consider viable
solutions to address such gaps; and
(5) to provide any other assistance, resources, or
capabilities that the Director of National Intelligence or
the Under Secretary determines necessary with respect to the
Council carrying out the duties and responsibilities of the
Council under such section 120(c).
(d) Meetings.--The roundtable shall meet at least
quarterly, in coordination with the meetings of the Climate
Security Advisory Council under section 120(c)(1) of the
National Security Act of 1947 (50 U.S.C. 3060(c)(1)).
(e) Reports and Briefings.--The joint agreement under
subsection (a) shall specify that--
(1) the roundtable shall organize workshops, on at least a
biannual basis, that include both participants of the
roundtable and persons who are not participants, and may be
conducted in classified or unclassified form in accordance
with subsection (f);
(2) on a regular basis, the roundtable shall produce
classified and unclassified reports on the topics described
in subsection (c) and the activities of the roundtable, and
other documents in support of the duties and responsibilities
of the Climate Security Advisory Council under section 120(c)
of the National Security Act of 1947 (50 U.S.C. 3060(c));
(3) the Academies shall provide recommendations by
consensus to the Council on both the topics described in
subsection (c) and specific topics as identified by
participants of the roundtable;
(4) not later than March 1, 2021, and annually thereafter
during the life of the roundtable, the Academies shall
provide a briefing to the appropriate congressional
committees on the progress and activities of the roundtable;
and
(5) not later than September 30, 2025, the Academies shall
submit a final report to the appropriate congressional
committees on the activities of the roundtable.
(f) Security Clearances.--Each participant of the
roundtable shall have a security clearance at the appropriate
level to carry out the duties of the participant under this
section. A person who is not a participant who attends a
workshop under subsection (e)(1) is not required to have a
security clearance, and the roundtable shall ensure that any
such workshop is held at the appropriate classified or
unclassified level.
(g) Termination.--The roundtable shall terminate on
September 30, 2025.
(h) Definitions.--In this section:
(1) The term ``Academies'' means the National Academies of
Sciences, Engineering, and Medicine.
(2) The term ``appropriate congressional committees''
means--
(A) the Committee on Science, Space, and Technology, the
Committee on Armed Services, the Committee on Foreign
Affairs, and the Permanent Select Committee on Intelligence
of the House of Representatives; and
(B) the Committee on Commerce, Science, and Transportation,
the Committee on Armed Services, the Committee on Foreign
Relations, and the Select Committee on Intelligence of the
Senate.
(3) The term ``Federal science agency'' means any agency or
department of the Federal Government with at least
$100,000,000 in basic and applied research obligations in
fiscal year 2019.
(4) The term ``intelligence community'' has the meaning
given that term in section 3 of the National Security Act of
1947 (50 U.S.C. 3003).
(5) The term ``national security laboratory'' has the
meaning given the term in section 4002 of the Atomic Energy
Defense Act (50 U.S.C. 2501).
SEC. 1614. REPORT ON RISK TO NATIONAL SECURITY POSED BY
QUANTUM COMPUTING TECHNOLOGIES.
(a) Report.--
(1) Requirement.--Not later than December 31, 2021, the
Secretary of Defense shall submit to the congressional
defense committees a report containing an assessment of the
current and potential threats and risks posed by quantum
computing technologies. The Secretary shall conduct the
assessment in a manner that allows the Secretary to better
understand and prepare to counter the risks of quantum
computing to national security.
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) An identification of national security systems that are
vulnerable to current and potential threats and risks posed
by quantum computing technologies.
(B) An assessment of quantum-resistant cryptographic
standards, including a timeline for the development of such
standards.
(C) An assessment of the feasibility of alternate quantum-
resistant models.
(D) A description of any funding shortfalls in public and
private efforts to develop such standards and models.
(E) Recommendations to counter the threats and risks posed
by quantum computing technologies that prioritize, secure,
and resource the defense of national security systems
identified under subparagraph (A).
(b) Briefings.--During the period preceding the date on
which the Secretary submits the report under subsection (a),
the Secretary shall include in the quarterly briefings under
section 484 of title 10, United States Code, an update on the
assessment conducted under such subsection.
(c) Form.--The report under subsection (a) may be submitted
in classified form.
Subtitle C--Cyberspace-Related Matters
SEC. 1621. CYBER MISSION FORCES AND CYBERSPACE OPERATIONS
FORCES.
Subsection (a) of section 238, title 10, United States
Code, is amended--
(1) in the matter preceding paragraph (1)--
(A) by striking ``The Secretary'' and inserting ``Not later
than five days after the submission by the President under
section 1105(a) of title 31 of the budget, the Secretary'';
(B) by inserting ``in both electronic and print formats''
after ``submit''; and
(C) by striking ``2017'' and inserting ``2021'';
(2) in paragraph (1), by inserting ``and the cyberspace
operations forces'' before the semicolon; and
(3) in paragraph (2), by inserting ``and the cyberspace
operations forces'' before the period.
SEC. 1622. CYBERSPACE SOLARIUM COMMISSION.
Section 1652 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232),
is amended--
(1) in subsection (b)(1)--
(A) in subparagraph (A), by--
(i) striking clauses (i) through (iv); and
(ii) redesignating clauses (v) through (viii) as clauses
(i) through (iv), respectively; and
(B) in subparagraph (B)(i), by striking ``and who are
appointed under clauses (iv) through (vii) of subparagraph
(A)'';
(2) in subsection (d)(2), by striking ``Seven'' and
inserting ``Six'';
(3) in subsection (h), by--
(A) striking ``(1) In general.--(A)''; and
(B) striking paragraph (2);
(4) in subsection (i)(1)(B), by striking ``officers or
employees of the United States or''; and
(5) in subsection (k)(2)--
(A) in subparagraph (A), by striking ``at the end of the
120-day period beginning on'' and inserting ``two years
after'';
(B) in subparagraph (B), by--
(i) striking ``may use the 120-day'' and inserting ``shall
use the two year'';
(ii) striking ``for the purposes of concluding its
activities, including providing testimony to Congress
concerning the final report referred to in that paragraph and
disseminating the report'' and inserting the following: ``for
the purposes of--'':
``(i) collecting and assessing comments and feedback from
the Executive Branch, academia, and the public on the
analysis and recommendations contained in the Commission's
report;
``(ii) collecting and assessing any developments in
cybersecurity that may affect the analysis and
recommendations contained in the Commission's report;
``(iii) reviewing the implementation of the recommendations
contained in the Commission's report;
``(iv) revising, amending, or making new recommendations
based on the assessments and reviews required under clauses
(i)-(iii);
``(v) providing an annual update to the congressional
defense committees, the congressional intelligence
committees, the Committee on Homeland Security of the House
of Representatives, the Committee on Homeland Security and
Governmental Affairs of the Senate, the Director of National
Intelligence, the Secretary of Defense, and the Secretary of
Homeland Security in a manner and format determined by the
Commission regarding any such revisions, amendments, or new
recommendations; and
``(vi) concluding its activities, including providing
testimony to Congress concerning the final report referred to
in that paragraph and disseminating the report.''; and
(C) by adding at the end the following new subparagraph:
``(C) If the Commission is extended, and the effective date
of such extension is after the date on which the Commission
terminated, the Commission shall be deemed reconstituted with
the same members and powers that existed on the day before
such termination date, except that--
``(i) a member of the Commission may serve only if the
member's position continues to be authorized under subsection
(b);
``(ii) no compensation or entitlements relating to a
person's status with the Commission shall
[[Page H3209]]
be due for the period between the termination and
reconstitution of the Commission;
``(iii) nothing in this subparagraph may be construed as
requiring the extension or reemployment of any staff member
or contractor working for the Commission;
``(iv) the staff of the Commission shall be--
``(I) selected by the co-chairs of the Commission in
accordance with subsection (h)(1);
``(II) comprised of not more than four individuals,
including a staff director; and
``(III) resourced in accordance with subsection (g)(4)(A);
``(v) with the approval of the co-chairs, may be provided
by contract with a nongovernmental organization;
``(vi) any unexpended funds made available for the use of
the Commission shall continue to be available for use for the
life of the Commission, as well as any additional funds
appropriated to the Department of Defense that are made
available to the Commission, provided that the total such
funds does not exceed $1,000,000 from the reconstitution of
the Commission to the completion of the Commission; and
``(vii) the requirement for an assessment of the final
report in subsection (l) shall be updated to require annually
for a period of two years further assessments of the Federal
Government's responses to the Commission's recommendations
contained in such final report.''.
SEC. 1623. TAILORED CYBERSPACE OPERATIONS ORGANIZATIONS.
(a) In General.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of the Navy, in
conjunction with the Chief of Naval Operations, shall submit
to the congressional defense committees a study of the Navy
Cyber Warfare Development Group (NCWDG).
(b) Elements.--The study required under subsection (a)
shall include the following:
(1) An examination of NCWDG's structure, manning,
authorities, funding, and operations.
(2) A review of organizational relationships both within
the Navy and to other Department of Defense organizations, as
well as non-Department of Defense organizations.
(3) Recommendations for how the NCWDG can be strengthened
and improved, without growth in size.
(c) Designation.--Notwithstanding any other provision of
law, the Secretary of the Navy shall designate the NCWDG as a
screened command.
(d) Release.--The Secretary of the Navy shall transmit the
study required under subsection (a) to the secretaries of the
military services and the Commander of United States Special
Operations Command.
(e) Exemplar.--The service secretaries and the Commander of
United States Special Operations Command are authorized to
establish counterpart tailored cyberspace operations
organizations of comparable size to the NCWDG within the
military service or command, respectively, of each such
secretary and Commander. Such counterpart organizations shall
have the same authorities as the NCWDG. Not later than 30
days after receipt by each of the service secretaries and the
Commander under subsection (d) of the study required under
subsection (a), each such service secretary and Commander, as
the case may be, shall brief the congressional defense
committees regarding whether or not each such service
secretary or Commander intends to utilize the authority under
this subsection.
SEC. 1624. RESPONSIBILITY FOR THE SECTOR RISK MANAGEMENT
AGENCY FUNCTION OF THE DEPARTMENT OF DEFENSE.
(a) Definitions.--
(1) In general.--In this section:
(A) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given such term in section
1016(e) of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)).
(B) Sector risk management agency.--The term ``Sector Risk
Management Agency'' means a Federal department or agency
designated as a Sector Specific Agency under Presidential
Policy Directive-21 to be responsible for providing
institutional knowledge and specialized expertise to, as well
as leading, facilitating, or supporting, the security and
resilience programs and associated activities of its
designated critical infrastructure sector in the all-hazards
environment.
(2) Reference.--Any reference to a Sector-Specific Agency
in any law, regulation, map, document, record, or other paper
of the United States shall be deemed to be a reference to the
Sector Risk Management Agency of the Federal Government for
the relevant critical infrastructure sector.
(b) Designation.--The Secretary of Defense shall designate
the Principal Cyber Advisor of the Department of Defense as
the lead official, and the Office of the Principal Cyber
Advisor as the lead component, for the Department's role and
functions as the Sector Risk Management Agency for the
Defense Industrial Base.
(c) Responsibilities.--As the lead official for the
Department of Defense's Sector Risk Management Agency
functions, the Principal Cyber Advisor of the Department
shall be responsible for all activities performed by the
Department in its support of the Defense Industrial Base, as
one of the critical infrastructure sectors of the United
States. Such activities shall include the following:
(1) Synchronization, harmonization, de-confliction, and
management for the execution of all Department programs,
initiatives, efforts, and communication related to the
Department's Sector Risk Management Agency function,
including any Department program, initiative, or effort that
addresses the cybersecurity of the Defense Industrial Base.
(2) Leadership and management of the Defense Industrial
Base Government Coordinating Council.
(3) Direct interface and sponsorship of the Defense
Industrial Base Sector Coordinating Council.
(4) Organization of quarterly in-person meetings of both
the Defense Industrial Base Government Coordinating Council
and the Defense Industrial Base Sector Coordinating Council.
(d) Additional Functions.--In carrying out this section,
the Principal Cyber Advisor of the Department of Defense
shall--
(1) coordinate with relevant Federal departments and
agencies, and collaborate with critical infrastructure owners
and operators, where appropriate with independent regulatory
agencies, and with State, local, territorial, and Tribal
entities, as appropriate;
(2) serve as a day-to-day Federal interface for the dynamic
prioritization and coordination of sector-specific
activities;
(3) carry out incident management responsibilities;
(4) provide, support, or facilitate technical assistance
and consultations for the Defense Industrial Base to identify
cyber or physical vulnerabilities and help mitigate
incidents, as appropriate; and
(5) support the statutorily required reporting requirements
of such relevant Federal departments and agencies by
providing to such departments and agencies on an annual basis
sector-specific critical infrastructure information.
SEC. 1625. DEPARTMENT OF DEFENSE CYBER WORKFORCE EFFORTS.
(a) Resources for Cyber Education.--
(1) In general.--The Chief Information Officer of the
Department of Defense, in consultation with the Director of
the National Security Agency (NSA), shall examine the current
policies permitting National Security Agency employees to use
up to 140 hours of paid time toward NSA's cyber education
programs.
(2) Report.--
(A) In general.--Not later than 90 days after the date of
the enactment of this Act, the Chief Information Officer
shall submit to the congressional defense committees and the
congressional intelligence committees a strategy for
expanding the policies described in paragraph (1) to--
(i) individuals who occupy positions described in section
1599f of title 10, United States Code; and
(ii) any other individuals who the Chief Information
Officer determines appropriate.
(B) Implementation plan.--The report required under
subparagraph (A) shall detail the utilization of the policies
in place at the National Security Agency, as well as an
implementation plan that describes the mechanisms needed to
expand the use of such policies to accommodate wider
participation by individuals described in such subparagraph.
Such implementation plan shall detail how such individuals
would be able to connect to the instructional and
participatory opportunities available through the efforts,
programs, initiatives, and investments accounted for in the
report required under section 1649 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92),
including the following programs:
(i) GenCyber.
(ii) Centers for Academic Excellence - Cyber Defense.
(iii) Centers for Academic Excellence - Cyber Operations.
(C) Deadline.--Not later than 120 days after the submission
of the report required under subparagraph (A), the Chief
Information Officer of the Department of Defense shall carry
out the implementation plan contained in such report.
(b) Improving the Training With Industry Program.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Principal Cyber Advisor of the
Department of Defense, in consultation with the Principal
Cyber Advisors of the military services and the Under
Secretary of Defense for Personnel and Readiness, shall
submit to the congressional defense committees a review of
the current utilization and utility of the Training With
Industry (TWI) programs, including relating to the following:
(A) Recommendations regarding how to improve and better
utilize such programs, including regarding individuals who
have completed such programs.
(B) An implementation plan to carry out such
recommendations.
(2) Additional .--Not later than 90 days after the
submission of the report required under paragraph (1), the
Principal Cyber Advisor of the Department of Defense shall
carry out the implementation plan required under paragraph
(1).
(c) Alignment of Cybersecurity Training Programs.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
containing recommendations on how cybersecurity training
programs described in section 1649 of the National Defense
Authorization Act for Fiscal Year 2020 can be better aligned
and harmonized.
(2) Report.--The report required under paragraph (1) shall
provide recommendations concerning the following topics and
information:
(A) Developing a comprehensive mechanism for utilizing and
leveraging the Cyber Excepted Service workforce of the
Department of Defense referred to in subsection (a), as well
as mechanisms for military participation.
(B) Unnecessary redundancies in such programs, or in any
related efforts, initiatives, or investments.
(C) Mechanisms for tracking participation and transition of
participation from one such program to another.
(D) Department level oversight and management of such
programs.
(3) Cyber workforce pipeline and early childhood
education.--
(A) Elements.--The Secretary of Defense shall, when
completing the report required
[[Page H3210]]
under paragraph (1), take into consideration existing Federal
childhood cyber education programs, including the programs
identified in the report required under section 1649 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92) and the Department of Homeland Security's
Cybersecurity Education and Training Assistance Program
(CETAP), that can provide opportunities to military-connected
students and members of the Armed Forces to pursue cyber
careers.
(B) Definition.--In this paragraph, the term ``military-
connected student'' means an individual who--
(i) is a dependent a member of the Armed Forces serving on
active duty; and
(ii) is enrolled in a preschool, an elementary or secondary
school, or an institution of higher education.
SEC. 1626. REPORTING REQUIREMENTS FOR CROSS DOMAIN
COMPROMISES AND EXEMPTIONS TO POLICIES FOR
INFORMATION TECHNOLOGY.
(a) Compromise Reporting.--
(1) In general.--Effective beginning in October 2020, the
Secretary of Defense and the secretaries of the military
services shall submit to the congressional defense committees
a monthly report in writing that documents each instance or
indication of a cross-domain compromise within the Department
of Defense.
(2) Procedures.--The Secretary of Defense shall submit to
the congressional defense committees procedures for complying
with the requirements of subsection (a) consistent with the
national security of the United States and the protection of
operational integrity. The Secretary shall promptly notify
such committees in writing of any changes to such procedures
at least 14 days prior to the adoption of any such changes.
(3) Definition.--In this subsection, the term ``cross
domain compromise'' means any unauthorized connection between
software, hardware, or both designed for use on a network or
system built for classified data and the public internet.
(b) Exemptions to Policy for Information Technology.--Not
later than six months after the date of the enactment of this
Act and biannually thereafter, the Secretary of Defense and
the secretaries of the military services shall submit to the
congressional defense committees a report in writing that
enumerates and details each current exemption to information
technology policy, interim Authority To Operate (ATO) order,
or both. Each such report shall include other relevant
information pertaining to each such exemption, including
relating to the following:
(1) Risk categorization.
(2) Duration.
(3) Estimated time remaining.
SEC. 1627. ASSESSING PRIVATE-PUBLIC COLLABORATION IN
CYBERSECURITY.
(a) Requirement.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall--
(1) conduct a review and assessment of any ongoing public-
private collaborative initiatives involving the Department of
Defense and the private sector related to cybersecurity and
defense of critical infrastructure, including--
(A) the United States Cyber Command's Pathfinder initiative
and any derivative initiative;
(B) the Department's support to and integration with
existing Federal cybersecurity centers and organizations; and
(C) comparable initiatives led by other Federal departments
or agencies that support long-term public-private
cybersecurity collaboration; and
(2) make recommendations for improvements and the
requirements and resources necessary to institutionalize and
strengthen the initiatives described in subparagraphs (A)
through (C) of paragraph (1).
(b) Report.--
(1) In general.--The Secretary of Defense shall submit to
the congressional defense committees a report on the review,
assessment, and recommendations under subsection (a).
(2) Form.--The report required under paragraph (1) may be
submitted in unclassified or classified form, as necessary.
(c) Definition.--In this section, the term ``critical
infrastructure'' has the meaning given such term in section
1016(e) of the Uniting and Strengthening America by Providing
Appropriate Tools Required to Intercept and Obstruct
Terrorism (USA PATRIOT ACT) Act of 2001 (42 U.S.C. 5195c(e)).
SEC. 1628. CYBER CAPABILITIES AND INTEROPERABILITY OF THE
NATIONAL GUARD.
(a) Evaluation.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
conjunction with the Chief of the National Guard Bureau,
shall submit to the congressional defense committees, the
Committee on Appropriations of the House of Representatives,
and the Committee on Appropriations of the Senate a review of
the statutes, rules, regulations, and standards that pertain
to the use of the National Guard for the response to and
recovery from significant cyber incidents.
(b) Recommendations.--The review required under subsection
(a) shall address the following::
(1) Regulations promulgated under section 903 of title 32,
United States Code, to allow the National Guard to conduct
homeland defense activities that the Secretary of Defense
determines to be necessary and appropriate in accordance with
section 902 of such title in response to a cyber attack.
(2) Compulsory guidance from the Chief of the National
Guard Bureau regarding how the National Guard shall
collaborate with the Cybersecurity and Infrastructure
Security Agency of the Department of Homeland Security and
the Federal Bureau of Investigation of the Department of
Justice through multi-agency task forces, information-sharing
groups, incident response planning and exercises, and other
relevant forums and activities.
(3) A plan for how the Chief of the National Guard Bureau
will collaborate with the Secretary of Homeland Security to
develop an annex to the National Cyber Incident Response Plan
that details the regulations and guidance described in
paragraphs (1) and (2).
(c) Definition.--The term ``significant cyber incident''
means a cyber incident that results, or several related cyber
incidents that result, in demonstrable harm to--
(1) the national security interests, foreign relations, or
economy of the United States; or
(2) the public confidence, civil liberties, or public
health and safety of the American people.
SEC. 1629. EVALUATION OF NON-TRADITIONAL CYBER SUPPORT TO THE
DEPARTMENT OF DEFENSE.
(a) Requirement.--Not later than 270 days after the date of
the enactment of this Act, the Principal Cyber Advisor to the
Secretary of Defense, in conjunction with the Under Secretary
for Personnel and Readiness of the Department of Defense and
the Principal Cyber Advisors of the military services, shall
complete an assessment and evaluation of reserve models
tailored to the support of cyberspace operations for the
Department.
(b) Evaluation Components.--The assessment and evaluation
required under subsection (a) shall include the following
components:
(1) A current assessment of reserve and National Guard
support to Cyber Operations Forces.
(2) An enumeration and evaluation of various reserve,
National Guard, auxiliary, and non-traditional support models
which are applicable to cyberspace operations, including a
consideration of models utilized domestically and
internationally.
(3) A utility assessment of a dedicated reserve cadre
specific to United States Cyber Command and Cyber Operations
Forces.
(4) An analysis of the costs associated with the models
evaluated pursuant to paragraph (2).
(5) An assessment of the recruitment programs necessary for
implementation of the models evaluated pursuant to paragraph
(2).
(b) Report.--
(1) In general.--The Secretary of Defense, acting through
the Principal Cyber Advisor of the Department of Defense,
shall submit to the congressional defense committees a report
on the assessment and evaluation required under subsection
(a).
(2) Form.--The report required under paragraph (1) may be
submitted in classified or unclassified form, as necessary.
SEC. 1630. ESTABLISHMENT OF INTEGRATED CYBER CENTER.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland
Security, in coordination with the Secretary of Defense, the
Attorney General, the Director of the Federal Bureau of
Investigation, and the Director of National Intelligence,
shall submit to the relevant congressional committees a
report on Federal cybersecurity centers and the potential for
better coordination of Federal cyber efforts at an integrated
cyber center within the national cybersecurity and
communications integration center of the Department of
Homeland Security established pursuant to section 2209 of the
Homeland Security Act of 2002 (6 U.S.C. 659).
(b) Contents.--To prepare the report required by subsection
(a), the Secretary of Homeland Security shall aggregate
information from components of the Department of Homeland
Security with information provided to the Secretary of
Homeland Security by the Secretary of Defense, the Attorney
General, the Director of the Federal Bureau of Investigation,
and the Director of National Intelligence. Such aggregated
information shall relate to the following topics:
(1) Any challenges regarding capacity and funding
identified by the Secretary of Homeland Security, the
Director of the Federal Bureau of Investigation, the Attorney
General, the Secretary of Defense, or the Director of
National Intelligence that negatively impact coordination
with the national cybersecurity and communications
integration center of the Department of Homeland Security in
furtherance of the security and resilience of critical
infrastructure.
(2) Distinct statutory authorities identified by the
Secretary of Homeland Security, the Attorney General, the
Director of the Federal Bureau of Investigation, the
Secretary of Defense, or the Director of National
Intelligence that should not be leveraged by an integrated
cyber center within the national cybersecurity and
communications integration center.
(3) Any challenges associated with effective mission
coordination and deconfliction between the Cybersecurity and
Infrastructure Security Agency of the Department of Homeland
Security and other Federal agencies that could be addressed
with the creation of an integrated cyber center within the
national cybersecurity and communications integration center.
(4) How capabilities or missions of existing Federal cyber
centers could benefit from greater integration or collocation
to support cybersecurity collaboration with critical
infrastructure at an integrated cyber center within the
national cybersecurity and communications integration center,
including the following Federal cyber centers:
(A) The National Security Agency's Cyber Threat Operations
Center.
(B) United States Cyber Command's Joint Operations Center.
(C) The Office of the Director of National Intelligence's
Cyber Threat Intelligence Integration Center.
(D) The Federal Bureau of Investigation's National Cyber
Investigative Joint Task Force.
(E) The Department of Defense's Defense Cyber Crime Center.
(F) The Office of the Director of National Intelligence's
Intelligence Community Security Coordination Center.
[[Page H3211]]
(c) Elements.--The report required under subsection (a)
shall--
(1) identify any challenges regarding the Cybersecurity and
Infrastructure Security Agency's current authorities,
structure, resources, funding, ability to recruit and retain
its workforce, or interagency coordination that negatively
impact the ability of the Agency to fulfill its role as the
central coordinator for critical infrastructure cybersecurity
and resilience pursuant to its authorities under the Homeland
Security Act of 2002, and information on how establishing an
integrated cyber center within the national cybersecurity and
communications integration center would address such
challenges;
(2) identify any facility needs for the Cybersecurity and
Infrastructure Security Agency to adequately host personnel,
maintain sensitive compartmented information facilities, and
other resources to serve as the primary coordinating body
charged with forging whole-of-government, public-private
collaboration in cybersecurity, pursuant to such authorities;
(3) identify any lessons from the United Kingdom's National
Cybersecurity Center model to determine whether an integrated
cyber center within the Cybersecurity and Infrastructure
Security Agency should be similarly organized into an
unclassified environment and a classified environment;
(4) recommend any changes to procedures and criteria for
increasing and expanding the participation and integration of
public- and private-sector personnel into Federal cyber
defense and security efforts, including continuing
limitations or hurdles in the security clearance program for
private sector partners and integrating private sector
partners into a Cybersecurity and Infrastructure Security
Agency integrated cyber center; and
(5) propose policies, programs, or practices that could
overcome challenges identified in the aggregated information
under subsection (b), including the creation of an integrated
cyber center within the national cybersecurity and
communications integration center, accompanied by legislative
proposals, as appropriate.
(d) Plan.--Upon submitting the report pursuant to
subsection (a), the Secretary of Homeland Security, in
coordination with the Secretary of Defense, the Attorney
General, the Director of the Federal Bureau of Investigation,
and the Director of National Intelligence, shall develop a
plan to establish an integrated cyber center within the
national cybersecurity and communications integration center.
(e) Establishment.--Not later than one year after the
submission of the report required under subsection (a), the
Secretary of Homeland Security, in coordination with the
Secretary of Defense, the Attorney General, the Director of
the Federal Bureau of Investigation, and the Director of
National Intelligence, shall begin establishing an integrated
cyber center in the national cybersecurity and communications
integration center.
(f) Annual Updates.--Beginning one year after the
submission of the report required under subsection (a) and
annually thereafter, the Secretary of Homeland Security, in
coordination with the Secretary of Defense, the Attorney
General, the Director of the Federal Bureau of Investigation,
and the Director of National Intelligence, shall submit to
the relevant congressional committees updates regarding
efforts to establish and operate an integrated cyber center
in the national cybersecurity and communications integration
center pursuant to subsection (e), including information on
progress made toward overcoming any challenges identified in
the report required by subsection (a).
(g) Privacy Review.--The Privacy Officers of the Department
of Homeland Security, the Department of Defense, the
Department of Justice, and the Federal Bureau of
Investigation, and the Director of National Intelligence
shall review and provide to the relevant congressional
committees comment, as appropriate, on each report and
legislative proposal submitted under this section.
(h) Definition.--In this section, the term ``relevant
congressional committees'' means--
(1) in the House of Representatives--
(A) the Committee on Armed Services;
(B) the Committee on the Judiciary;
(C) the Permanent Select Committee on Intelligence; and
(D) the Committee on Homeland Security; and
(2) in the Senate--
(A) the Committee on Armed Services;
(B) the Committee on the Judiciary;
(C) the Select Committee on Intelligence; and
(D) the Committee on Homeland Security and Governmental
Affairs.
SEC. 1631. CYBER THREAT INFORMATION COLLABORATION
ENVIRONMENT.
(a) In General.--In consultation with the Cyber Threat Data
Standards and Interoperability Council established pursuant
to subsection (d), the Secretary of Homeland Security, in
coordination with the Secretary of Defense and the Director
of National Intelligence (acting through the Director of the
National Security Agency), shall develop an information
collaboration environment and associated analytic tools that
enable entities to identify, mitigate, and prevent malicious
cyber activity to--
(1) provide limited access to appropriate operationally
relevant data about cybersecurity risks and cybersecurity
threats, including malware forensics and data from network
sensor programs, on a platform that enables query and
analysis;
(2) allow such tools to be used in classified and
unclassified environments drawing on classified and
unclassified data sets;
(3) enable cross-correlation of data on cybersecurity risks
and cybersecurity threats at the speed and scale necessary
for rapid detection and identification;
(4) facilitate a comprehensive understanding of
cybersecurity risks and cybersecurity threats; and
(5) facilitate collaborative analysis between the Federal
Government and private sector critical infrastructure
entities and information and analysis organizations.
(b) Implementation of Information Collaboration
Environment.--
(1) Evaluation.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Homeland
Security, acting through the Director of the Cybersecurity
and Infrastructure Security Agency of the Department of
Homeland Security, in coordination with the Secretary of
Defense and the Director of National Intelligence (acting
through the Director of the National Security Agency),
shall--
(A) identify, inventory, and evaluate existing Federal
sources of classified and unclassified information on
cybersecurity threats;
(B) evaluate current programs, applications, or platforms
intended to detect, identify, analyze, and monitor
cybersecurity risks and cybersecurity threats; and
(C) coordinate with private sector critical infrastructure
entities and, as determined appropriate by the Secretary of
Homeland Security, in consultation with the Secretary of
Defense, other private sector entities, to identify private
sector cyber threat capabilities, needs, and gaps.
(2) Implementation.--Not later than one year after the
evaluation required under paragraph (1), the Secretary of
Homeland Security, acting through the Director of the
Cybersecurity and Infrastructure Security Agency, in
coordination with the Secretary of Defense and the Director
of National Intelligence (acting through the Director of the
National Security Agency), shall begin implementation of the
information collaboration environment developed pursuant to
subsection (a) to enable participants in such environment to
develop and run analytic tools referred to in such subsection
on specified data sets for the purpose of identifying,
mitigating, and preventing malicious cyber activity that is a
threat to government and critical infrastructure. Such
environment and use of such tools shall--
(A) operate in a manner consistent with relevant privacy,
civil rights, and civil liberties policies and protections,
including such policies and protections established pursuant
to section 1016 of the Intelligence Reform and Terrorism
Prevention Act of 2004 (6 U.S.C. 485);
(B) account for appropriate data standards and
interoperability requirements, consistent with the standards
set forth in subsection (d);
(C) enable integration of current applications, platforms,
data, and information, including classified information, in a
manner that supports integration of unclassified and
classified information on cybersecurity risks and
cybersecurity threats;
(D) incorporate tools to manage access to classified and
unclassified data, as appropriate;
(E) ensure accessibility by entities the Secretary of
Homeland Security, in consultation with the Secretary of
Defense and the Director of National Intelligence (acting
through the Director of the National Security Agency),
determines appropriate;
(F) allow for access by critical infrastructure
stakeholders and other private sector partners, at the
discretion of the Secretary of Homeland Security, in
consultation with the Secretary of Defense;
(G) deploy analytic tools across classification levels to
leverage all relevant data sets, as appropriate;
(H) identify tools and analytical software that can be
applied and shared to manipulate, transform, and display data
and other identified needs; and
(I) anticipate the integration of new technologies and data
streams, including data from government-sponsored network
sensors or network-monitoring programs deployed in support of
State, local, Tribal, and territorial governments or private
sector entities.
(c) Annual Review of Impacts on Privacy, Civil Rights, and
Civil Liberties.--The Secretary of Homeland Security and the
Director of National Intelligence (acting through the
Director of the Cybersecurity and Infrastructure Security
Agency and the Director of the National Security Agency,
respectively) shall direct the Privacy, Civil Rights, and
Civil Liberties Officers of their respective agencies, in
consultation with Privacy, Civil Rights, and Civil Liberties
Officers of other Federal agencies participating in the
information collaboration environment, to conduct an annual
review of the information collaboration environment for
compliance with fair information practices and civil rights
and civil liberties policies. Each such report shall be--
(1) unclassified, to the maximum extent possible, but may
contain a non-public or classified annex to protect sources
or methods and any other sensitive information restricted by
Federal law;
(2) with respect to the unclassified portions of each such
report, made available on the public internet websites of the
Department of Homeland Security and the Office of the
Director of National Intelligence--
(A) not later than 30 days after submission to the
appropriate congressional committees; and
(B) in an electronic format that is fully indexed and
searchable; and
(3) with respect to a classified annex, submitted to the
appropriate congressional committees in an electronic format
that is fully indexed and searchable.
(d) Post-deployment Assessment.--Not later than two years
after the implementation of the information collaboration
environment under subsection (b), the Secretary of Homeland
Security, the Secretary of Defense, and the Director of
National Intelligence (acting through the Director of the
National Security Agency) shall jointly submit to te
appropriate congressional committees an assessment of whether
to include
[[Page H3212]]
additional entities, including critical infrastructure
information sharing and analysis organizations, in such
environment.
(e) Cyber Threat Data Standards and Interoperability
Council.--
(1) Establishment.--There is established an interagency
council, to be known as the ``Cyber Threat Data Standards and
Interoperability Council'' (in this subsection referred to as
the ``council''), chaired by the Secretary of Homeland
Security, to establish data standards and requirements for
public and private sector entities to participate in the
information collaboration environment developed pursuant to
subsection (a).
(2) Other membership.--
(A) Principal members.--In addition to the Secretary of
Homeland Security, the council shall be composed of the
Director of the Cybersecurity and Infrastructure Security
Agency of the Department of Homeland Security, the Secretary
of Defense, and the Director of National Intelligence (acting
through the Director of the National Security Agency).
(B) Additional members.--The President shall identify and
appoint council members from public and private sector
entities who oversee programs that generate, collect, or
disseminate data or information related to the detection,
identification, analysis, and monitoring of cybersecurity
risks and cybersecurity threats, based on recommendations
submitted by the Secretary of Homeland Security, the
Secretary of Defense, and the Director of National
Intelligence (acting through the Director of the National
Security Agency).
(3) Data streams.--The council shall identify, designate,
and periodically update programs that shall participate in or
be interoperable with the information collaboration
environment developed pursuant to subsection (a), which may
include the following:
(A) Network-monitoring and intrusion detection programs.
(B) Cyber threat indicator sharing programs.
(C) Certain government-sponsored network sensors or
network-monitoring programs.
(D) Incident response and cybersecurity technical
assistance programs.
(E) Malware forensics and reverse-engineering programs.
(F) The defense industrial base threat intelligence program
of the Department of Defense.
(4) Data governance.--The council shall establish a
committee comprised of the privacy officers of the Department
of Homeland Security, the Department of Defense, and the
National Security Agency. Such committee shall establish
procedures and data governance structures, as necessary, to
protect sensitive data, comply with Federal regulations and
statutes, and respect existing consent agreements with
private sector critical infrastructure entities that apply to
critical infrastructure information.
(5) Recommendations.--The council shall, as appropriate,
submit recommendations to the President to support the
operation, adaptation, and security of the information
collaboration environment developed pursuant to subsection
(a).
(f) No Additional Activities Authorized.--Nothing in
section may be construed to--
(1) alter the responsibility of entities to follow
guidelines issued pursuant to section 105(b) of the
Cybersecurity Act of 2015 (6 U.S.C. 1504(b); enacted as
division N of the Consolidated Appropriations Act, 2016
(Public Law 114-113)) with respect to data obtained by an
entity in connection with activities authorized under the
Cybersecurity Act of 2015 and shared through the information
collaboration environment developed pursuant to subsection
(a); or
(2) authorize Federal or private entities to share
information in a manner not already permitted by law.
(g) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) in the House of Representatives--
(i) the Permanent Select Committee on Intelligence;
(ii) the Committee on Homeland Security;
(iii) the Committee on the Judiciary; and
(iv) the Committee on Armed Services; and
(B) in the Senate--
(i) the Select Committee on Intelligence;
(ii) the Committee on Homeland Security and Governmental
Affairs;
(iii) the Committee on the Judiciary; and
(iv) the Committee on Armed Services.
(2) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given such term in section
1016(e) of Public Law 107-56 (42 U.S.C. 5195c(e)).
(3) Critical infrastructure information.--The term
``critical infrastructure information'' has the meaning given
such term in section 2222 of the Homeland Security Act of
2002 (6 U.S.C. 671).
(4) Cyber threat indicator.--The term ``cyber threat
indicator'' has the meaning given such term in section 102(6)
of the Cybersecurity Act of 2015 (enacted as division N of
the Consolidated Appropriations Act, 2016 (Public Law 114-
113; 6 U.S.C. 1501(6))).
(5) Cybersecurity risk.--The term ``cybersecurity risk''
has the meaning given such term in section 2209 of the
Homeland Security Act of 2002 (6 U.S.C. 659).
(6) Cybersecurity threat.--The term ``cybersecurity
threat'' has the meaning given such term in section 102(5) of
the Cybersecurity Act of 2015 (enacted as division N of the
Consolidated Appropriations Act, 2016 (Public Law 114-113; 6
U.S.C. 1501(5))).
(7) Information sharing and analysis organization.--The
term ``information sharing and analysis organization'' has
the meaning given such term in section 2222 of the Homeland
Security Act of 2002 (6 U.S.C. 671).
SEC. 1632. DEFENSE INDUSTRIAL BASE PARTICIPATION IN A THREAT
INTELLIGENCE SHARING PROGRAM.
(a) Definition.--In this section, the term ``defense
industrial base'' means the worldwide industrial complex with
capabilities to perform research and development, design,
produce, deliver, and maintain military weapon systems,
subsystems, components, or parts to meet military
requirements.
(b) Defense Industrial Base Threat Intelligence Program.--
(1) In general.--The Secretary of Defense shall establish a
threat intelligence program to share with and obtain from the
defense industrial base information and intelligence on
threats to national security.
(2) Program requirements.--At a minimum, the Secretary of
Defense shall ensure the threat intelligence sharing program
established pursuant to paragraph (1) includes the following:
(A) Cybersecurity incident reporting requirements that--
(i) extend beyond current mandatory incident reporting
requirements;
(ii) set specific timeframes for all categories of such
mandatory incident reporting; and
(iii) create a single clearinghouse for all such mandatory
incident reporting to the Department of Defense, including
covered unclassified information, covered defense
information, and classified information.
(B) A mechanism for developing a shared and real-time
picture of the threat environment.
(C) Joint, collaborative, and co-located analytics.
(D) Investments in technology and capabilities to support
automated detection and analysis across the defense
industrial base.
(E) Coordinated intelligence sharing with relevant domestic
law enforcement and counterintelligence agencies, in
coordination, respectively, with the Director of the Federal
Bureau of Investigation and the Director of National
Intelligence.
(F) A process for direct sharing of threat intelligence
related to a specific defense industrial base entity with
such entity.
(3) Existing information sharing programs.--The Secretary
of Defense may utilize an existing Department of Defense
information sharing program to satisfy the requirement under
paragraph (1) if such existing program includes, or is
modified to include, two-way sharing of threat information
that is specifically relevant to the defense industrial base,
including satisfying the requirements specified in paragraph
(2).
(4) Intelligence queries.--As part of a threat intelligence
sharing program under this subsection, the Secretary of
Defense shall require defense industrial base entities
holding a Department of Defense contract to consent to
queries of foreign intelligence collection databases related
to such entity as a condition of such contract.
(c) Threat Intelligence Program Participation.--
(1) Prohibition on procurement.--Beginning on the date that
is than one year after the date of the enactment of this Act,
the Secretary of Defense may not procure or acquire, or
extend or renew a contract to procure or acquire, any item,
equipment, system, or service from any entity that is not a
participant in--
(A) the threat intelligence sharing program established
pursuant paragraph (1) of subsection (b); or
(B) a comparably widely-utilized threat intelligence
sharing program described in paragraph (3) of such
subsection.
(2) Application to subcontractors.--No entity holding a
Department of Defense contract may subcontract any portion of
such contract to another entity unless that second entity--
(A) is a participant in a threat intelligence sharing
program under this section; or
(B) has received a waiver pursuant to subsection (d).
(3) Implementation.--In implementing the prohibition under
paragraph (1), the Secretary of Defense--
(A) may create tiers of requirements and participation
within the applicable threat intelligence sharing program
referred to in such paragraph based on--
(i) an evaluation of the role of and relative threats
related to entities within the defense industrial base; and
(ii) cybersecurity maturity model certification level; and
(B) shall prioritize available funding and technical
support to assist entities as is reasonably necessary for
such entities to participate in a threat intelligence sharing
program under this section.
(d) Waiver Authority.--
(1) Waiver.--The Secretary of Defense may waive the
prohibition under subsection (b)--
(A) with respect to an entity or class of entities, if the
Secretary determines that the requirement to participate in a
threat intelligence sharing program under this section is
unnecessary to protect the interests of the United States; or
(B) at the request of an entity, if the Secretary
determines there is compelling justification for such waiver.
(2) Periodic reevaluation.--The Secretary of Defense shall
periodically reevaluate any waiver issued pursuant to
paragraph (1) and promptly revoke any waiver the Secretary
determines is no longer warranted.
(e) Regulations.--
(1) Rulemaking authority.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall promulgate such rules and regulations as are
necessary to carry out this section.
(2) CMMC harmonization.--The Secretary of Defense shall
ensure that the threat intelligence sharing program
requirements set forth in the rules and regulations
promulgated pursuant to paragraph (1) consider an entity's
maturity and role within the defense industrial base, in
accordance with the maturity certification levels established
in the Department of Defense Cybersecurity Maturity Model
Certification program.
[[Page H3213]]
SEC. 1633. ASSISTANCE FOR SMALL MANUFACTURERS IN THE DEFENSE
INDUSTRIAL SUPPLY CHAIN ON MATTERS RELATING TO
CYBERSECURITY.
(a) In General.--Subject to the availability of
appropriations, the Secretary of Defense, in consultation
with the Director of the National Institute of Standards and
Technology, may award financial assistance to a Center for
the purpose of providing cybersecurity services to small
manufacturers.
(b) Criteria.--If the Secretary carries out subsection (a),
the Secretary, in consultation with the Director, shall
establish and publish on the grants.gov website, or successor
website, criteria for selecting recipients for financial
assistance under this section.
(c) Use of Financial Assistance.--Financial assistance
under this section--
(1) shall be used by a Center to provide small
manufacturers with cybersecurity services relating to--
(A) compliance with the cybersecurity requirements of the
Department of Defense Supplement to the Federal Acquisition
Regulation, including awareness, assessment, evaluation,
preparation, and implementation of cybersecurity services;
and
(B) achieving compliance with the Cybersecurity Maturity
Model Certification framework of the Department of Defense;
and
(2) may be used by a Center to employ trained personnel to
deliver cybersecurity services to small manufacturers.
(d) Biennial Reports.--
(1) In general.--Not less frequently than once every two
years, the Secretary shall submit to the congressional
defense committees, the Committee on Commerce, Science, and
Transportation of the Senate, and the Committee on Science,
Space, and Technology of the House of Representatives a
biennial report on financial assistance awarded under this
section.
(2) Contents.--To the extent practicable, each report
submitted under paragraph (1) shall include the following
with respect to the years covered by the report:
(A) The number of small manufacturing companies assisted.
(B) A description of the cybersecurity services provided.
(C) A description of the cybersecurity matters addressed.
(D) An analysis of the operational effectiveness and cost-
effectiveness of the cybersecurity services provided.
(e) Termination.--The authority of the Secretary to award
of financial assistance under this section shall terminate on
the date that is five years after the date of the enactment
of this Act.
(f) Definitions.--In this section:
(1) The term ``Center'' has the meaning given such term in
section 25(a) of the National Institute of Standards and
Technology Act (15 U.S.C. 278k(a)).
(2) The term ``small manufacturer'' has the meaning given
that tern in section 1644(g) of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019 (Public Law
115-232; 10 U.S.C. 2224 note).
SEC. 1634. DEFENSE INDUSTRIAL BASE CYBERSECURITY THREAT
HUNTING AND SENSING, DISCOVERY, AND MITIGATION.
(a) Definition.--In this section:
(1) Defense industrial base.--The term ``defense industrial
base'' means the worldwide industrial complex with
capabilities to perform research and development, design,
produce, deliver, and maintain military weapon systems,
subsystems, components, or parts to meet military
requirements.
(2) Advanced defense industrial base.--The term ``advanced
defense industrial base'' means any entity in the defense
industrial base holding a Department of Defense contract that
requires a cybersecurity maturity model certification of
level 4 or higher.
(b) Defense Industrial Base Cybersecurity Threat Hunting
Study.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a study of the
feasibility and resourcing required to establish the Defense
Industrial Base Cybersecurity Threat Hunting Program (in this
section referred to as the ``Program'') described in
subsection (c).
(2) Elements.--The study required under paragraph (1)
shall--
(A) establish the resources necessary, governance
structures, and responsibility for execution of the Program,
as well as any other relevant considerations determined by
the Secretary;
(B) include a conclusive determination of the Department of
Defense's capacity to establish the Program by the end of
fiscal year 2021; and
(C) identify any barriers that would prevent such
establishment.
(c) Defense Industrial Base Cybersecurity Threat Hunting
Program.--
(1) In general.--Upon a positive determination of the
Program's feasibility pursuant to the study required under
subsection (b), the Secretary of Defense shall establish the
Program to actively identify cybersecurity threats and
vulnerabilities within the information systems, including
covered defense networks containing controlled unclassified
information, of entities in the defense industrial base.
(2) Program levels.--In establishing the Program in
accordance with paragraph (1), the Secretary of Defense shall
develop a tiered program that takes into account the
following:
(A) The cybersecurity maturity of entities in the defense
industrial base.
(B) The role of such entities.
(C) Whether each such entity possesses controlled
unclassified information and covered defense networks.
(D) The covered defense information to which such an entity
has access as a result of contracts with the Department of
Defense.
(3) Program requirements.--The Program shall--
(A) include requirements for mitigating any vulnerabilities
identified pursuant to the Program;
(B) provide a mechanism for the Department of Defense to
share with entities in the defense industrial base malicious
code, indicators of compromise, and insights on the evolving
threat landscape;
(C) provide incentives for entities in the defense
industrial base to share with the Department of Defense,
including the National Security Agency's Cybersecurity
Directorate, threat and vulnerability information collected
pursuant to threat monitoring and hunt activities; and
(D) mandate a minimum level of program participation for
any entity that is part of the advanced defense industrial
base.
(d) Threat Identification Program Participation.--
(1) Prohibition on procurement.--If the Program is
established pursuant to subsection (c), beginning on the date
that is one year after the date of the enactment of this Act,
the Secretary of Defense may not procure or obtain, or extend
or renew a contract to procure or obtain, any item,
equipment, system, or service from any entity in the defense
industrial base that is not in compliance with the
requirements of the Program.
(2) Implementation.--In implementing the prohibition under
paragraph (1), the Secretary of Defense shall prioritize
available funding and technical support to assist affected
entities in the defense industrial base as is reasonably
necessary for such affected entities to commence
participation in the Program and satisfy Program
requirements.
(3) Waiver authority.--
(A) Waiver.--The Secretary of Defense may waive the
prohibition under paragraph (1)--
(i) with respect to an entity or class of entities in the
defense industrial base, if the Secretary determines that the
requirement to participate in the Program is unnecessary to
protect the interests of the United States; or
(ii) at the request of such an entity, if the Secretary
determines there is a compelling justification for such
waiver.
(B) Periodic reevaluation.--The Secretary of Defense shall
periodically reevaluate any waiver issued pursuant to
subparagraph (A) and revoke any such waiver the Secretary
determines is no longer warranted.
(e) Use of Personnel and Third-party Threat Hunting and
Sensing Capabilities.--In carrying out the Program, the
Secretary of Defense may--
(1) utilize Department of Defense personnel to hunt for
threats and vulnerabilities within the information systems of
entities in the defense industrial base that have an active
contract with Department of Defense;
(2) certify third-party providers to hunt for threats and
vulnerabilities on behalf of the Department of Defense;
(3) require the deployment of network sensing technologies
capable of identifying and filtering malicious network
traffic; or
(4) employ a combination of Department of Defense personnel
and third-party providers and tools, as the Secretary
determines necessary and appropriate, for the entity
described in paragraph (1).
(f) Regulations.--
(1) Rulemaking authority.--Not later than 180 days after
the date of the enactment of this Act, the Secretary of
Defense shall promulgate such rules and regulations as are
necessary to carry out this section.
(2) CMMC harmonization.--In promulgating rules and
regulations pursuant to paragraph (1), the Secretary of
Defense shall consider how best to integrate the requirements
of this section with the Department of Defense Cybersecurity
Maturity Model Certification program.
SEC. 1635. DEFENSE DIGITAL SERVICE.
(a) Relationship With United States Digital Service.--Not
later than 120 days after the date of the enactment of this
Act, the Secretary of Defense and the Administrator of the
United States Digital Service shall establish a direct
relationship between the Department of Defense and the United
States Digital Service to address authorities, hiring
processes, roles, and responsibilities.
(b) Certification.--Not later than 120 days after the date
of the enactment of this Act, the Secretary of Defense and
the Administrator of the United States Digital Service shall
jointly certify to the congressional defense committees that
the skills and qualifications of the Department of Defense
personnel assigned to and supporting the core functions of
the Defense Digital Service are consistent with the skills
and qualifications United States Digital Service personnel.
SEC. 1636. LIMITATION OF FUNDING FOR NATIONAL DEFENSE
UNIVERSITY.
Of the funds authorized to be appropriated by this Act for
fiscal year 2021 for the National Defense University, not
more than 60 percent of such funds may be obligated or
expended until the Joint Staff and the National Defense
University present to the congressional defense committees
the following:
(1) A comprehensive plan for resourcing and growing the
student population of the College of Information and
Cyberspace, including by--
(A) enrolling a minimum of 350 cyber workforce students per
academic year; and
(B) graduating a minimum of 42 students (including a
minimum of 28 United States military students) in the Joint
Professional Military Education Phase II War College 10-
month resident program in fiscal year 2021, and implementing
a plan to graduate a minimum of 70 students (including a
minimum of 50 United
[[Page H3214]]
States military and civilian students) in fiscal year 2023
and in each year thereafter through the Future Year Defense
Program.
(2) Budget documents for the Future Year Defense Program
which show funding for the College of Information and
Cyberspace to support the comprehensive plan described in
subsection (a).
(3) A comprehensive presentation of how programs of study
on cyber-related matters are being expanded and integrated
into Joint Professional Military Education at all National
Defense University constituent colleges.
Subtitle D--Nuclear Forces
SEC. 1641. COORDINATION IN TRANSFER OF FUNDS BY DEPARTMENT OF
DEFENSE TO NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) In General.--Section 179(f)(3) of title 10, United
States Code, is amended by adding at the end the following
new subparagraph:
``(D) The Secretary of Defense and the Secretary of Energy
shall ensure that a transfer of estimated nuclear budget
request authority is carried out in a manner that provides
for coordination between the Secretary of Defense and the
Administrator for Nuclear Security using appropriate
interagency processes during the process in which the
Secretaries develop the budget materials of the Department of
Defense and the National Nuclear Security Administration,
including by beginning such coordination by not later than
June 30 for such budget materials that will be submitted
during the following year.''.
(b) Reports.--Subparagraph (B) of such section is amended
by adding at the end the following new clause:
``(iv) A description of the total amount of the proposed
estimated nuclear budget request authority to be transferred
by the Secretary of Defense to the Secretary of Energy to
support the weapons activities of the National Nuclear
Security Administration, including--
``(A) identification of any trade-offs made within the
budget of the Department of Defense as part of such proposed
transfer; and
``(B) a certification made jointly by the Secretaries that
such proposed transfer was developed in a manner that allowed
for the coordination described in subparagraph (D).''.
SEC. 1642. EXERCISES OF NUCLEAR COMMAND, CONTROL, AND
COMMUNICATIONS SYSTEM.
(a) Requirement.--Chapter 24 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 499b. Exercises of nuclear command, control, and
communications system
``(a) Required Exercises.--Except as provided by subsection
(b), beginning 2021, the President shall participate in a
large-scale exercise of the nuclear command, control, and
communications system during the first year of each term of
the President, and may participate in such additional
exercises as the President determines appropriate.
``(b) Waiver.--The President may waive, on a case-by-case
basis, the requirement to participate in an exercise under
subsection (a) if the President--
``(1) determines that participating in such an exercise is
infeasible by reason of a war declared by Congress, a
national emergency declared by the President or Congress, a
public health emergency declared by the Secretary of Health
and Human Services under section 319 of the Public Health
Service Act (42 U.S.C. 247d), or other similar exigent
circumstance; and
``(2) submits to the congressional defense committees a
notice of the waiver and a description of such
determination.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by adding at the end the
following new item:
``499b. Exercises of nuclear command, control, and communications
system.''.
SEC. 1643. INDEPENDENT STUDIES ON NUCLEAR WEAPONS PROGRAMS OF
CERTAIN FOREIGN STATES.
(a) Study.--Not later than 60 days after the date of the
enactment of this Act, the Secretary of Defense shall seek to
enter into a contract with a federally funded research and
development center to conduct a study on the nuclear weapons
programs of covered foreign countries.
(b) Matters Included.--The study under subsection (a) shall
compile open-source data to conduct an analysis of the
following for each covered foreign country:
(1) The activities, budgets, and policy documents,
regarding the nuclear weapons program.
(2) The known research and development activities with
respect to nuclear weapons.
(3) The inventories of nuclear weapons and delivery
vehicles with respect to both deployed and nondeployed
weapons.
(4) The capabilities of such nuclear weapons and delivery
vehicles.
(5) The physical sites used for nuclear processing,
testing, and weapons integration.
(6) The human capital of the scientific and technical
workforce involved in nuclear programs, including with
respect to matters relating to the education, knowledge, and
technical capabilities of that workforce.
(7) The known deployment areas for nuclear weapons.
(8) Information with respect to the nuclear command and
control system.
(9) The factors and motivations driving the nuclear weapons
program and the nuclear command and control system.
(10) Any other information that the federally funded
research and development center determines appropriate.
(c) Submission to DOD.--Not later than 14 months after the
date of the enactment of this Act, and each year thereafter
for the following two years, the federally funded research
and development center shall submit to the Secretary the
study under subsection (a) and any updates to the study.
(d) Submission to Congress.--Not later than 30 days after
the date on which the Secretary receives the study under
subsection (a) or updates to the study, the Secretary shall
submit to the appropriate congressional committees the study
or such updates, without change.
(e) Public Release.--The federally funded research and
development center shall maintain an internet website on
which the center--
(1) publishes the study under subsection (a) by not later
than 30 days after the date on which the Secretary receives
the study under subsection (c); and
(2) provides on an ongoing basis commentaries, analyses,
updates, and other information regarding the nuclear weapons
of covered foreign countries.
(f) Form.--The study under subsection (a) shall be in
unclassified form.
(g) Modification to Report on Nuclear Forces of the United
States and Near-peer Countries.--Section 1676 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 133 Stat. 1778) is amended--
(1) in subsection (a), by striking ``Not later than
February 15, 2020, the Secretary of Defense, in coordination
with the Director of National Intelligence, shall'' and
inserting ``Not later than February 15, 2020, and each year
thereafter through 2023, the Secretary of Defense and the
Director of National Intelligence shall jointly''; and
(2) in subsection (b), by adding at the end the following
new paragraph:
``(4) With respect to the current and planned nuclear
systems specified in paragraphs (1) through (3), the factors
and motivations driving the development and deployment of the
systems.''.
(h) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Committee on Foreign Affairs and the Permanent
Select Committee on Intelligence of the House of
Representatives; and
(C) the Committee on Foreign Relations and the Select
Committee on Intelligence of the Senate.
(2) The term ``covered foreign country'' means each of the
following:
(A) China.
(B) North Korea.
(C) Russia.
(3) The term ``open-source data'' includes data derived
from, found in, or related to any of the following:
(A) Geospatial information.
(B) Seismic sensors.
(C) Commercial data.
(D) Public government information.
(E) Academic journals and conference proceedings.
(F) Media reports.
(G) Social media.
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.
Section 232(a) of the National Defense Authorization Act
for Fiscal Year 2012 (Public Law 112-81; 125 Stat. 1339), as
amended by section 1688 of the National Defense Authorization
Act for Fiscal Year 2016 (Public Law 114-92; 129 Stat. 1144),
is amended--
(1) in paragraph (1), by striking ``through 2020'' and
inserting ``through 2025''; and
(2) in paragraph (2)--
(A) by striking ``through 2021'' and inserting ``through
2026''; and
(B) by adding at the end the following new sentence: ``In
carrying out this subsection, the Comptroller General shall
review emergent issues relating to such programs and
accountability and, in consultation with the congressional
defense committees, either include any findings from the
review in the reports submitted under this paragraph or
provide to such committees a briefing on the findings.''.
SEC. 1652. EXTENSION OF TRANSITION OF BALLISTIC MISSILE
DEFENSE PROGRAMS TO MILITARY DEPARTMENTS.
Section 1676(b)(1) of the National Defense Authorization
Act for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2431
note) is amended by striking ``2021'' and inserting ``2023''.
SEC. 1653. DEVELOPMENT OF HYPERSONIC AND BALLISTIC MISSILE
TRACKING SPACE SENSOR PAYLOAD.
(a) Findings; Sense of Congress.--
(1) Findings.--Congress finds the following:
(A) Subsection (d) of section 1683 of the National Defense
Authorization Act for Fiscal Year 2018 (Public Law 115-91; 10
U.S.C. 2431 note), as amended by section 1683 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92), requires the Director of the Missile Defense Agency
to develop a hypersonic and ballistic tracking space sensor
payload to address missile defense tracking requirements.
(B) The budget of the President for fiscal year 2021
submitted under section 1105 of title 31, United States Code,
did not provide any funding for the Missile Defense Agency to
continue the development of such sensor payload.
(2) Sense of congress.--It is the sense of Congress that--
(A) regardless of the overall architecture for a missile
defense tracking space layer, the Director of the Missile
Defense Agency should remain the material developer for the
hypersonic and ballistic tracking space sensor payload to
ensure that--
(i) unique hypersonic and ballistic missile tracking
requirements are met; and
(ii) the system can be integrated into the existing missile
defense system command and control,
[[Page H3215]]
battle management, and communications system; and
(B) the Secretary of Defense should ensure transparency of
funding for this effort to ensure proper oversight can be
conducted on this critical capability.
(b) Limitation.--Subsection (d) of section 1683 of the
National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 10 U.S.C. 2431 note), as amended by
section 1683 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92), is amended by adding at
the end the following new paragraph:
``(3) Limitation.--Of the funds authorized to be
appropriated by the National Defense Authorization Act for
Fiscal Year 2021 or otherwise made available for fiscal year
2021 for operation and maintenance, Defense-wide, for the
Space Defense Agency, not more than 50 percent may be
obligated or expended until the date on which the Secretary
submits the certification under paragraph (2)(B).''.
(c) Coordination.--Subsection (a) of such section is
amended by striking ``the Commander of the Air Force Space
Command and'' and inserting ``the Chief of Space Operations,
the Commander of the United States Space Command, the
Commander of the United States Northern Command, and''.
SEC. 1654. ANNUAL CERTIFICATION ON HYPERSONIC AND BALLISTIC
MISSILE TRACKING SPACE SENSOR PAYLOAD.
(a) Finding; Sense of Congress.--
(1) Finding.--Congress finds that the budget submitted by
the President under section 1105(a) of title 31, United
States Code, for fiscal year 2021 does not fully fund an
operational capability for the hypersonic and ballistic
missile tracking space sensor within the tracking layer of
the persistent space-based sensor architecture of the Space
Development Agency, despite such space sensor being a
requirement by the combatant commanders and being highlighted
as a needed capability against both hypersonic and ballistic
threats in the Missile Defense Review published in 2019.
(2) Sense of congress.--It is the sense of Congress that
the Missile Defense Agency hypersonic and ballistic missile
tracking space sensor must be prioritized within the
persistent space-based sensor architecture of the Space
Development Agency to ensure the delivery of capabilities to
the warfighter as soon as possible.
(b) Annual Certification.--Subsection (d) of section 1683
of the National Defense Authorization Act for Fiscal Year
2018 (Public Law 115-91; 10 U.S.C. 2431 note), as amended by
section 1653, is further amended by adding at the end the
following new paragraph:
``(4) Annual certification.--On an annual basis until the
date on which the hypersonic and ballistic tracking space
sensor payload achieves full operational capability, the
Secretary of Defense, without delegation, shall submit to the
appropriate congressional committees a certification that--
``(A) the most recent future-years defense program
submitted under section 221 of title 10, United States Code,
includes estimated expenditures and proposed appropriations
in amounts necessary to ensure the development and deployment
of such space sensor payload as a component of the sensor
architecture developed under subsection (a); and
``(B) the Commander of the United States Space Command has
validated both the ballistic and hypersonic tracking
requirements of, and the timeline to deploy, such space
sensor payload.''.
SEC. 1655. ALIGNMENT OF THE MISSILE DEFENSE AGENCY WITHIN THE
DEPARTMENT OF DEFENSE.
(a) Findings.--Congress finds the following:
(1) Since the Missile Defense Agency was aligned to be
under the authority, direction, and control of the Under
Secretary of Defense for Research and Engineering pursuant to
section 205(b) of title 10, United States Code, the advanced
technology development budget requests in the defense budget
materials (as defined in section 231(f) of title 10, United
States Code) have decreased by more than 650 percent, from a
request for $292,000,000 for fiscal year 2018 (the highest
such request) to a request for $45,000,000 for fiscal year
2021.
(2) The overwhelming majority of the budget of the Missile
Defense Agency is invested in programs that would be
categorized as acquisition category 1 efforts if such
programs were administered under the acquisition standards
under Department of Defense Directive 5000.
(b) Sense of Congress.--It is the sense of Congress that,
in light of the findings under subsection (a), upon the
completion of the independent review of the organization of
the Missile Defense Agency required by section 1688 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1787), the Secretary of Defense
should reassess the alignment of the Agency within the
Department of Defense to ensure that missile defense efforts
are being given proper oversight and that the Agency is
focused on delivering capability to address current and
future threats.
(c) Report.--Not later than February 28, 2021, the
Secretary of Defense shall submit to the congressional
defense committees a report on the alignment of the Missile
Defense Agency within the Department of Defense. The report
shall include--
(1) a description of the risks and benefits of both--
(A) continuing the alignment of the Agency under the
authority, direction, and control of the Under Secretary of
Defense for Research and Engineering pursuant to section
205(b) of title 10, United States Code; and
(B) realigning the Agency to be under the authority,
direction, and control of the Under Secretary of Defense for
Acquisition and Sustainment; and
(2) if the Agency were to be realigned, the actions that
would need to be taken to realign the Agency to be under the
authority, direction, and control of the Under Secretary of
Defense for Acquisition and Sustainment or another element of
the Department of Defense.
SEC. 1656. ANALYSIS OF ALTERNATIVES FOR HOMELAND MISSILE
DEFENSE MISSIONS.
(a) Analysis of Alternatives.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Director of Cost Assessment
and Program Evaluation, in coordination with the Secretary of
the Navy, the Secretary of the Army, and the Director of the
Missile Defense Agency, shall conduct an analysis of
alternatives with respect to a complete architecture for
using the regional terminal high altitude area defense system
and the Aegis ballistic missile defense system to conduct
homeland defense missions.
(2) Scope.--The analysis of alternatives under paragraph
(1) shall include the following:
(A) The sensors needed for the architecture described in
such paragraph.
(B) An assessment of the locations of each system included
in the analysis to provide similar coverage as the ground-
based midcourse defense system, including, with respect to
such systems that are land-based, by giving preference to
locations with completed environmental impact analyses
conducted pursuant to section 227 of the National Defense
Authorization Act for Fiscal Year 2013 (Public Law 112- 239;
126 Stat. 1678), to the extent practicable.
(C) The acquisition objectives for interceptors of the
terminal high altitude area defense system and standard
missile-3 interceptors for homeland defense purposes.
(D) Any improvements needed to the missile defense system
command and control, battle management, and communications
system.
(E) The manning, training, and sustainment needed to
support such architecture.
(F) A detailed schedule for the development, testing,
production, and deployment of such systems.
(G) A lifecycle cost estimate of such architecture.
(H) A comparison of the capabilities, costs, schedules, and
policies with respect to--
(i) deploying regional systems described in subsection (a)
to conduct homeland defense missions; and
(ii) deploying future ground-based midcourse defense
systems for such missions.
(3) Submission.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
containing--
(A) the analysis of alternatives under paragraph (1); and
(B) a certification by the Secretary that such analysis is
sufficient.
(b) Assessment.--Not later than February 28, 2021, the
Director of the Defense Intelligence Agency, and the head of
any other element of the intelligence community that the
Secretary of Defense determines appropriate, shall submit to
the congressional defense committees an assessment of the
following:
(1) How the development and deployment of regional terminal
high altitude area defense systems and Aegis ballistic
missile defense systems to conduct longer-range missile
defense missions would be perceived by near-peer foreign
countries and rogue nations.
(2) How such near-peer foreign countries and rogue nations
would likely respond to such deployments.
SEC. 1657. NEXT GENERATION INTERCEPTORS.
(a) Notification of Changed Requirements.--During the
acquisition and development process of the next generation
interceptor program, not later than seven days after the date
on which any changes are made to the requirements for such
program that are established in the equivalent to capability
development documentation, the Director of the Missile
Defense Agency shall notify the congressional defense
committees of such changes.
(b) Briefing on Contract.--Not later than 14 days after the
date on which the Director awards a contract for the next
generation interceptor, the Director shall provide the
congressional defense committees a briefing on such contract,
including with respect to the cost, schedule, performance,
and requirements of the contract.
(c) Report on Ground-based Midcourse Defense System.--
(1) Requirement.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Under Secretary of Defense for Policy,
the Director of the Missile Defense Agency, and the Commander
of the United States Northern Command, shall submit to the
congressional defense committees a report on the ground-based
midcourse defense system.
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) An explanation of how contracts in existence as of the
date of the report could be used to reestablish improvements
and sustainment for kill vehicles and boosters for the
ground-based midcourse defense system.
(B) An explanation of how such system could be improved
through service life extensions or pre-planned product
improvements to address some of the requirements of the next
generation interceptor by 2026, including an identification
of the costs, schedule, and any risks.
(C) A description of the costs and schedule with respect to
restarting booster production to field 20 additional
interceptors by 2026.
(D) An analysis of policy implications with respect to the
requirements for the ground-based midcourse defense system.
SEC. 1658. OVERSIGHT OF NEXT GENERATION INTERCEPTOR PROGRAM.
(a) Findings; Sense of Congress.--
[[Page H3216]]
(1) Findings.--Congress finds that the Secretary of Defense
discovered major technical problems with the redesigned kill
vehicle program, which led to cancelling the program in
August 2019 and caused significant delays to the improved
defense of the United States against rogue nation ballistic
missile threats and wasted $1,200,000,000.
(2) Sense of congress.--It is the sense of Congress that
the Secretary of Defense should ensure robust oversight and
accountability for the acquisition of the future next
generation interceptor program to avoid making the same
errors that were experienced in the redesigned kill vehicle
effort.
(b) Independent Cost Assessment and Validation.--
(1) Assessment.--The Director of Cost Assessment and
Program Evaluation shall conduct an independent cost
assessment of the next generation interceptor program.
(2) Validation.--The Under Secretary of Defense for
Acquisition and Sustainment shall validate the preliminary
cost assessment conducted under paragraph (1) that will be
used to inform the award of the contract for the next
generation interceptor.
(3) Submission.--Not later than the date on which the
Director of the Missile Defense Agency awards a contract for
the next generation interceptor, the Secretary of Defense
shall submit to the congressional defense committees a report
containing the preliminary independent cost assessment under
paragraph (1) and the validation under paragraph (2).
(c) Flight Tests.--In addition to the requirements of
section 2399 of title 10, United States Code, the Director of
the Missile Defense Agency may not make any decision
regarding the initial production, or equivalent, of the next
generation interceptor unless the Director has--
(1) certified to the congressional defense committees that
the Director has conducted not fewer than two successful
intercept flight tests of the next generation interceptor;
and
(2) provided to such committees a briefing on the details
of such tests, including with respect to the operational
realism of such tests.
SEC. 1659. MISSILE DEFENSE COOPERATION BETWEEN THE UNITED
STATES AND ISRAEL.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the strong and enduring relationship between the United
States and Israel is in the national security interest of
both countries;
(2) the memorandum of understanding signed by the United
States and Israel on September 14, 2016, including the
provisions of the memorandum relating to missile and rocket
defense cooperation, continues to be a critical component of
the bilateral relationship;
(3) the United States and Israel should continue
government-to-government collaboration and information
sharing of technical data to investigate the potential
operational use of Israeli missile defense systems for United
States purposes; and
(4) in addition to the existing Israeli missile defense
interceptor systems, there is potential for developing and
incorporating directed energy platforms to assist the missile
defense capabilities of both the United States and Israel.
(b) Cooperation.--The Secretary of Defense may seek to
extend existing cooperation with Israel to carry out, on a
joint basis with Israel, research, development, test, and
evaluation activities to establish directed energy
capabilities that address missile threats to the United
States, the deployed members of the Armed Forces of the
United States, or Israel. The Secretary shall ensure that any
such activities are conducted--
(1) in accordance with Federal law and the Convention on
Prohibitions or Restrictions on the Use of Certain
Conventional Weapons which may be deemed to be Excessively
Injurious or to have Indiscriminate Effects, signed at Geneva
October 10, 1980; and
(2) in a manner that appropriately protects sensitive
information and the national security interests of the United
States and the national security interests of Israel.
SEC. 1660. REPORT ON DEFENSE OF GUAM FROM INTEGRATED AIR AND
MISSILE THREATS.
(a) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report containing a
study on the defense of Guam from integrated air and missile
threats, including such threats from ballistic, hypersonic,
and cruise missiles.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) The identification of existing deployed land- and sea-
based air and missile defense programs of record within the
military departments and Defense Agencies, including with
respect to interceptors, radars, and ground-, ship-, air,-
and space-based sensors that could be used either alone or in
coordination with other systems to counter the threats
specified in subsection (a) with an initial operational
capability by 2025.
(2) A plan of how such programs would be used to counter
such threats with an initial operational capability by 2025.
(3) A plan of which programs currently in development but
not yet deployed could enhance or substitute for existing
programs in countering such threats with an initial
operational capability by 2025.
(4) An analysis of which military department, Defense
Agency, or combatant command would have operational control
of the mission to counter such threats.
(5) A cost analysis of the various options described in
paragraphs (1) and (3), including a breakdown of the cost of
weapons systems considered under the various scenarios
(including any costs to modify the systems), the cost
benefits gained through economies of scale, and the cost of
any military construction required.
(6) An analysis of the policy implications regarding
deploying additional missile defense systems on Guam, and how
such deployments could affect strategic stability, including
likely responses from both rogue nations and near-peer
competitors.
(c) Consultation.--The Secretary shall carry out this
section in consultation with each of the following:
(1) The Director of the Missile Defense Agency.
(2) The Commander of the United States Indo-Pacific
Command.
(3) The Commander of the United States Northern Command.
(4) Any other official whom the Secretary of Defense
determines for purposes of this section has significant
technical, policy, or military expertise.
(d) Form.--The report submitted under subsection (a) shall
be in unclassified form, but may contain a classified annex.
(e) Briefing.--Not later than 30 days after the date on
which the Secretary submits to the congressional defense
committees the report under subsection (a), the Secretary
shall provide to such committees a briefing on the report.
SEC. 1661. REPORT ON CRUISE MISSILE DEFENSE.
Not later than January 15, 2021, the Commander of the
United States Northern Command, in coordination with the
Director of the Missile Defense Agency, shall submit to the
congressional defense committees a report containing--
(1) an identification of any vulnerability of the
contiguous United States to known cruise missile threats; and
(2) a plan to mitigate any such vulnerability.
Subtitle F--Other Matters
SEC. 1671. CONVENTIONAL PROMPT GLOBAL STRIKE.
(a) Integration.--Section 1697(a) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92;
133 Stat. 1791) is amended by adding at the end the following
new sentence: ``The Secretary shall initiate such transfer of
technologies to DDG-1000 class destroyers by not later than
January 1, 2021.''.
(b) Report on Strategic Hypersonic Weapons.--
(1) Requirement.--Not later than 120 days after the date of
the enactment of this Act, the Chairman of the Joint Chiefs
of Staff, in coordination with the Under Secretary of Defense
for Policy, shall submit to the congressional defense
committees a report on strategic hypersonic weapons.
(2) Matters included.--The report under paragraph (1) shall
include the following:
(A) A discussion of the authority to use strategic
hypersonic weapons and if, and how, such authorities would be
delegated to the commanders of the combatant commands or to
the Chiefs of the Armed Forces.
(B) An assessment of escalation and miscalculation risks
(including the risk that adversaries may detect initial
launch but not reliably detect the entire boost-glide
trajectory), how such risks will be addressed and minimized
with regards to the use of strategic hypersonic weapons, and
whether any risk escalation exercises have been conducted or
are planned for the potential use of hypersonic weapons.
(C) A description of any updates needed to war plans with
the introduction of strategic hypersonic weapons.
(D) Identification of the element of the Department of
Defense that has responsibility for establishing targeting
requirements for strategic hypersonic weapons.
(E) A description of how the requirements for land- and
sea-based strategic hypersonic weapons will be addressed with
the Joint Requirements Oversight Council, and how such
requirements will be formally provided to the military
departments procuring such weapons through an acquisition
program described under section 804 of the National Defense
Authorization Act for Fiscal Year 2016 (10 U.S.C. 2302 note).
(F) A basing strategy for land-based launch platforms and a
description of the actions needed to be taken for future
deployment of such platforms.
(3) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Annual Reports on Acquisition.--
(1) Army and navy programs.--Except as provided by
paragraph (3), not later than 30 days after the date on which
the budget of the President for each of fiscal years 2022
through 2025 is submitted to Congress pursuant to section
1105 of title 31, United States Code, the Secretary of the
Army and the Secretary of the Navy shall jointly submit to
the congressional defense committees a report on the
conventional prompt global strike programs of the Army and
the Navy, including--
(A) the total costs to the respective military departments
for such programs;
(B) the strategy for such programs with respect to manning,
training, and equipping, including cost estimates; and
(C) a testing strategy and schedule for such programs.
(2) Certifications.--Not later than 60 days after the date
on which the budget of the President for each of fiscal years
2022 through 2025 is submitted to Congress pursuant to
section 1105 of title 31, United States Code, the Director of
Cost Assessment and Program Evaluation shall submit to the
congressional defense committees a certification regarding
the sufficiency, including any anomalies, with respect to--
(A) the total program costs of the conventional prompt
global strike programs of the Army and the Navy; and
(B) the testing strategy for such programs.
(3) Termination.--The requirement to submit a report under
paragraph (1) shall terminate on the date on which the
Secretary of Defense determines that the conventional prompt
global
[[Page H3217]]
strike programs of the Army and the Navy are unable to be
acquired under the authority of section 804 of the National
Defense Authorization Act for Fiscal Year 2016 (10 U.S.C.
2302 note).
SEC. 1672. SUBMISSION OF REPORTS UNDER MISSILE DEFENSE REVIEW
AND NUCLEAR POSTURE REVIEW.
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--
(1) each report produced by the Department of Defense
pursuant to the Missile Defense Review published in 2019; and
(2) each report produced by the Department pursuant to the
Nuclear Posture Review published in 2018.
SEC. 1673. REPORT ON CONSIDERATION OF RISKS OF INADVERTENT
ESCALATION TO NUCLEAR WAR.
(a) Report.--Not later than January 31, 2021, the Under
Secretary of Defense for Policy shall submit to the
Committees on Armed Services of the House of Representatives
and the Senate a report--
(1) detailing the efforts of the Department of Defense with
respect to developing and implementing guidance to ensure
that the risks of inadvertent escalation to a nuclear war are
considered within the decision-making processes of the
Department regarding relevant activities (such as developing
contingency plans, managing military crises and conflicts,
and supporting the Department of State in the development,
negotiation, and implementation of cooperative risk-reduction
measures); and
(2) identifying the capabilities and factors taken into
account in developing such guidance.
(b) Form.--The report under subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Briefing.--Not later than December 1, 2020, the Under
Secretary shall provide to the Committees on Armed Services
of the House of Representatives and the Senate a briefing on
the progress and findings made in carrying out subsection
(a).
TITLE XVII--REPORTS AND OTHER MATTERS
Subtitle A--Studies and Reports
SEC. 1701. REVIEW OF SUPPORT OF SPECIAL OPERATIONS TO COMBAT
TERRORISM.
(a) Review.--The Comptroller General of the United States
shall conduct a review of all support provided, or planned to
be provided, under section 127e of title 10, United States
Code. Such review shall include an analysis of each of the
following:
(1) The strategic alignment between such support and
relevant Executive Orders, global campaign plans, theatre
campaign plans, execute orders, and other guiding documents
for currency, relevancy, and efficacy.
(2) The extent to which United States Special Operations
Command has the processes and procedures to manage,
integrate, and synchronize the authority under section 127e
of title 10, United States Code, in support of the objectives
and priorities specified by the documents listed in (a)(1) as
well as the objectives and priorities of--
(A) the geographic combatant commands;
(B) theatre elements of United States Special Operations
Command;
(C) relevant chiefs of mission and other appropriate
positions in the Department of State; and
(D) any other interagency organization affected by the use
of such authority.
(3) For the activities carried out pursuant to such
authority, the extent to which United States Special
Operations Command has the processes and procedures to--
(A) determine the professionalism, cohesion, and
institutional capacity of the military in the country where
forces receiving support are based;
(B) determine the adherence of the forces receiving support
to human rights norms and the laws of armed conflict;
(C) establish measures of effectiveness;
(D) assess such activities against established measures of
effectiveness as identified in subparagraph (C);
(E) establish criteria to determine the successful
completion of such activities;
(F) deconflict and synchronize activities conducted under
such authority with other relevant funding authorities;
(G) deconflict and synchronize activities conducted under
such authorities with other relevant activities conducted by
organizations related to, but outside the purview of, the
Department of Defense; and
(H) track the training, support, and facilitation provided
to forces receiving support, and the significant activities
undertaken by such forces as a result of such training,
support, and facilitation.
(4) The extent to which United States Special Operations
Command has processes and procedures to manage the sunset,
termination, or transition of activities carried out pursuant
to such authority, including--
(A) accountability with respect to equipment provided; and
(B) integrity of the tactics, techniques, and procedures
developed.
(5) The extent to which United States Special Operations
Command has and uses processes and procedures to--
(A) report to Congress biannually on the matters referred
to in paragraph (3); and
(B) notify Congress with respect to the intent to sunset,
terminate, or transition activities carried out pursuant to
such authority.
(6) Any other issues the Comptroller General determines
appropriate with respect to the authority under section 127e
of title 10, United States Code.
(b) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General shall
provide for the Committees on Armed Services of the Senate
and House of Representatives a briefing on the progress of
the review required under subsection (a).
(c) Report.--Not later than one year after the date of the
enactment of this Act, the Comptroller General shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report on the findings of the review
required under subsection (a) and the recommendations of the
Comptroller General pursuant to such review.
(d) Support Defined.--In this section, the term ``support''
includes--
(1) personnel who provide capacity for--
(A) training and equipment;
(B) training, advice, and assistance; or
(C) advice, assistance, and accompaniment capacity;
(2) financial assistance; and
(3) equipment and weapons.
SEC. 1702. FFRDC STUDY OF EXPLOSIVE ORDNANCE DISPOSAL
AGENCIES.
(a) In General.--The Secretary of Defense shall enter into
an agreement with a federally funded research and development
corporation under which such corporation shall conduct a
study of the responsibilities, authorities, policies,
programs, resources, organization, and activities of the
explosive ordnance disposal agencies of the Department of
Defense, Defense Agencies, and military departments.
(b) Elements of Study.--The study conducted under
subsection (a) shall include, for the Department of Defense,
each Defense Agency, and each the military departments, each
of the following:
(1) An identification and evaluation of--
(A) technology research, development, and acquisition
activities related to explosive ordnance disposal, including
an identification and evaluation of--
(i) current and future technology and related industrial
base gaps; and
(ii) any technical or operational risks associated with
such technology or related industrial base gaps;
(B) recruiting, training, education, assignment, promotion,
and retention of military and civilian personnel with
responsibilities relating to explosive ordnance disposal;
(C) administrative and operational force structure with
respect to explosive ordnance disposal, including an
identification and assessment of risk associated with force
structure capacity or capability gaps, if any; and
(D) the demand for, and activities conducted in support of,
domestic and international military explosive ordnance
disposal operations, including--
(i) support provided to Department of Defense agencies and
other Federal agencies; and
(ii) an identification and assessment of risk associated
with the prioritization and availability of explosive
ordnance disposal support among supported agencies and
operations.
(2) Recommendations, if any, for changes to--
(A) the organization and distribution of responsibilities
and authorities relating to explosive ordnance disposal;
(B) the explosive ordnance disposal force structure,
management, prioritization, and operating concepts in support
of the explosive ordnance disposal requirements of the Armed
Forces and other Federal agencies; and
(C) resource investment strategies and technology
prioritization for explosive ordnance disposal, including
science and technology, prototyping, experimentation, test
and evaluation, and related five-year funding profiles.
(c) Report to Congress.--
(1) In general.--Not later than August 31, 2021, the
Secretary of Defense shall submit to the congressional
defense committees a report on the study conducted under
subsection (a). Such report shall include the comments on the
study, if any, of the Secretary of Defense, the directors of
each of the Defense Agencies, and the Secretaries of each of
the military departments.
(2) Form of report.--The report submitted under paragraph
(1) shall be submitted in unclassified form, but may contain
a classified annex.
SEC. 1703. REPORT ON THE HUMAN RIGHTS OFFICE AT UNITED STATES
SOUTHERN COMMAND.
(a) Sense of Congress.--It is the sense of Congress that--
(1) the promotion of human rights and the protection of
civilians abroad is an ethical, legal, and strategic interest
of the United States;
(2) the Human Rights Office at the United States Southern
Command plays an essential role in the promotion of human
rights and the professionalization of foreign security forces
in the area of responsibility of the United States Southern
Command;
(3) the Secretary of Defense should ensure the status of
the Human Rights Office at the United States Southern Command
and, to the extent possible, ensure the United States
Southern Command has the assets necessary to support the
activities of the Human Rights Office; and
(4) the Secretary of Defense should ensure the development,
at each of the combatant commands, of an office responsible
for--
(A) advising the commander of the combatant command on the
promotion of human rights and protection of civilians; and
(B) integrating such promotion and protection into command
strategy.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall submit
to the congressional defense committees a report on--
(1) the activities of the Human Rights Office at the United
States Southern Command to provide and promote--
(A) analysis and policy support to the Commander of the
United States Southern Command regarding human rights and the
protection of civilians;
[[Page H3218]]
(B) education of employees of the Department of Defense
regarding human rights and protection of civilians pursuant
to the document promulgated by the United States Southern
Command on July 1, 1998, titled ``Regulation 1-20'' (relating
to policy and procedures for human rights administration);
(C) integration of the promotion of human rights and
protection of civilians into the strategy, planning,
training, and exercises of the United States Southern
Command, including into programs of the armed forces of
partner countries through the Human Rights Initiative program
of such Command;
(D) promotion of human rights and the protection of
civilians through security cooperation activities;
(E) implementation of section 362 of title 10, United
States Code; and
(F) countering trafficking in persons; and
(2) the resources necessary over the period of the future
years defense plan for fiscal year 2022 under section 221 of
title 10, United States Code, for the United States Southern
Command to support the activities of the Human Rights Office
at such Command.
(c) Form.--The report under subsection (b) shall be
submitted in unclassified form.
SEC. 1704. REPORT ON JOINT TRAINING RANGE EXERCISES FOR THE
PACIFIC REGION.
(a) Report.--Not later than March 15, 2021, the Chairman of
the Joint Chiefs of Staff, in coordination with the Commander
of United States Indo-Pacific Command, the Secretary of the
Army, the Secretary of the Navy, and the Secretary of the Air
Force, shall submit to the congressional defense committees a
report containing a plan to integrate combined, joint, and
multi-domain, training and experimentation in the Pacific
region, including existing ranges, training areas, and test
facilities, to achieve the following objectives:
(1) Support future combined and joint exercises and
training to test operational capabilities and weapon systems.
(2) Employ multi-domain training to validate joint
operational concepts.
(3) Integrate allied and partner countries into national-
level exercises.
(b) Matters.--The report under subsection (a) shall address
the following:
(1) Integration of cyber, space, and electromagnetic
spectrum domains.
(2) Mobile and fixed range instrumentation packages for
experimentation and training.
(3) Digital, integrated command and control for air defense
systems.
(4) Command, control, communications, computer, and
information (C41) systems.
(5) War gaming, modeling, and simulations packages.
(6) Intelligence support systems.
(7) Manpower management, execution, collection, and
analysis required for the incorporation of space and cyber
activities into the training range exercise plan contained in
such report.
(8) Connectivity requirements to support all domain
integration and training.
(9) Any training range upgrades or infrastructure
improvements necessary to integrate legacy training and
exercise facilities into integrated, operational sites.
(10) Exercises led by the United States Indo-Pacific
Command, within the area of operations of the Command, that
integrate allied and partnered countries and link to the
national-level exercises of the United States.
(11) Incorporation of any other functional and geographic
combatant commands required to support the United States
Indo-Pacific Command.
(c) Form.--The report under subsection (a) may be submitted
in classified form, and shall include an unclassified
summary.
SEC. 1705. STUDY ON CHINESE POLICIES AND INFLUENCE IN THE
DEVELOPMENT OF INTERNATIONAL STANDARDS FOR
EMERGING TECHNOLOGIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Director of the National
Institute of Standards and Technology shall enter into an
agreement with an appropriate non-governmental entity with
relevant expertise, as determined by the Director, to conduct
a study and make recommendations with respect to the impact
of the policies of the People's Republic of China and
coordination among industrial entities within the People's
Republic of China on international bodies engaged in
developing and setting international standards for emerging
technologies. The study may include--
(1) an assessment of how the role of the People's Republic
of China in international standards setting organizations has
grown over the previous 10 years, including in leadership
roles in standards-drafting technical committees, and the
quality or value of that participation;
(2) an assessment of the impact of the standardization
strategy of the People's Republic of China, as identified in
the ``Chinese Standard 2035'' on international bodies engaged
in developing and setting standards for select emerging
technologies, such as advanced communication technologies or
cloud computing and cloud services;
(3) an examination of whether international standards for
select emerging technologies are being designed to promote
interests of the People's Republic of China that are
expressed in the ``Made in China 2025'' plan to the exclusion
of other participants;
(4) an examination of how the previous practices that the
People's Republic of China has utilized while participating
in international standards setting organizations may foretell
how the People's Republic of China will engage in
international standardization activities of critical
technologies like artificial intelligence and quantum
information science, and what may be the consequences;
(5) recommendations on how the United States can take steps
to mitigate influence of the People's Republic of China and
bolster United States public and private sector participation
in international standards-setting bodies; and
(6) any other areas the Director, in consultation with the
entity selected to conduct the study, believes is important
to address.
(b) Report to Congress.--The agreement entered into under
subsection (a) shall require the entity conducting the study
to, not later than two years after the date of the enactment
of this Act--
(1) submit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a
report containing the findings and recommendations of the
review conducted under subsection (a); and
(2) make a copy of such report available on a publicly
accessible website.
Subtitle B--Electronic Message Preservation
SEC. 1711. SHORT TITLE.
This subtitle may be cited as the ``Electronic Message
Preservation Act''.
SEC. 1712. PRESERVATION OF ELECTRONIC MESSAGES AND OTHER
RECORDS.
(a) Requirement for Preservation of Electronic Messages.--
Chapter 29 of title 44, United States Code, is amended by
adding at the end the following new section:
``Sec. 2912. Preservation of electronic messages and other
records
``(a) Regulations Required.--The Archivist shall promulgate
regulations governing Federal agency preservation of
electronic messages that are determined to be records. Such
regulations shall, at a minimum--
``(1) require the electronic capture, management, and
preservation of such electronic records in accordance with
the records disposition requirements of chapter 33;
``(2) require that such electronic records are readily
accessible for retrieval through electronic searches; and
``(3) include timelines for Federal agency implementation
of the regulations that ensure compliance as expeditiously as
practicable.
``(b) Ensuring Compliance.--The Archivist shall promulgate
regulations that--
``(1) establish mandatory minimum functional requirements
for electronic records management systems to ensure
compliance with the requirements in paragraphs (1) and (2) of
subsection (a); and
``(2) establish a process to ensure that the electronic
records management system of each Federal agency meets the
functional requirements established under paragraph (1).
``(c) Coverage of Other Electronic Records.--To the extent
practicable, the regulations promulgated under subsections
(a) and (b) shall also include requirements for the capture,
management, and preservation of other electronic records.
``(d) Compliance by Federal Agencies.--Each Federal agency
shall comply with the regulations promulgated under
subsections (a) and (b).
``(e) Review of Regulations Required.--The Archivist shall
periodically review and, as necessary, amend the regulations
promulgated under subsections (a) and (b).''.
(b) Deadline for Regulations.--
(1) Preservation of electronic messages.--Not later than
120 days after the date of the enactment of this Act, the
Archivist shall promulgate the regulations required under
section 2912(a) of title 44, United States Code, as added by
subsection (a).
(2) Ensuring compliance.--Not later than 2 years after the
date of the enactment of this Act, the Archivist shall
promulgate the regulations required under section 2912(b) of
title 44, United States Code, as added by subsection (a).
(c) Reports on Implementation of Regulations.--
(1) Agency report to archivist.--Not later than 1 year
after the date of the enactment of this Act, the head of each
Federal agency shall submit to the Archivist a report on the
agency's compliance with the regulations promulgated under
section 2912 of title 44, United States Code, as added by
subsection (a), and shall make the report publicly available
on the website of the agency.
(2) Archivist report to congress.--Not later than 90 days
after receipt of all reports required by paragraph (1), the
Archivist shall submit to the Committee on Homeland Security
and Governmental Affairs of the Senate and the Committee on
Oversight and Reform of the House of Representatives a report
on Federal agency compliance with the regulations promulgated
under section 2912(a) of title 44, United States Code, as
added by subsection (a), and shall make the report publicly
available on the website of the agency.
(3) Federal agency defined.--In this subsection, the term
``Federal agency'' has the meaning given that term in section
2901 of title 44, United States Code.
(d) Clerical Amendment.--The table of sections at the
beginning of chapter 29 of title 44, United States Code, is
amended by adding after the item relating to section 2911 the
following new item:
``2912. Preservation of electronic messages and other records.''.
(e) Definitions.--Section 2901 of title 44, United States
Code, is amended--
(1) by striking ``and'' at the end of paragraph (14); and
(2) by striking paragraph (15) and inserting the following
new paragraphs:
``(15) the term `electronic messages' means electronic mail
and other electronic messaging
[[Page H3219]]
systems that are used for purposes of communicating between
individuals; and
``(16) the term `electronic records management system'
means software designed to manage electronic records,
including by--
``(A) categorizing and locating records;
``(B) ensuring that records are retained as long as
necessary;
``(C) identifying records that are due for disposition; and
``(D) ensuring the storage, retrieval, and disposition of
records.''.
SEC. 1713. PRESIDENTIAL RECORDS.
(a) Additional Regulations Relating to Presidential
Records.--
(1) In general.--Section 2206 of title 44, United States
Code, is amended--
(A) by striking ``and'' at the end of paragraph (3);
(B) by striking the period at the end of paragraph (4) and
inserting ``; and''; and
(C) by adding at the end the following:
``(5) provisions for establishing standards necessary for
the economical and efficient management of electronic
Presidential records during the President's term of office,
including--
``(A) records management controls necessary for the
capture, management, and preservation of electronic messages;
``(B) records management controls necessary to ensure that
electronic messages are readily accessible for retrieval
through electronic searches; and
``(C) a process to ensure the electronic records management
system to be used by the President for the purposes of
complying with the requirements in subparagraphs (A) and
(B).''.
(2) Definitions.--Section 2201 of title 44, United States
Code, is amended by adding at the end the following new
paragraphs:
``(6) The term `electronic messages' has the meaning given
that term under section 2901(15).
``(7) The term `electronic records management system' has
the meaning given that term under section 2901(16).''.
(b) Certification of President's Management of Presidential
Records.--
(1) Certification required.--Chapter 22 of title 44, United
States Code, is amended by adding at the end the following
new section:
``Sec. 2210. Certification of the President's management of
Presidential records
``(a) Annual Certification.--The Archivist shall annually
certify whether the electronic records management controls
established by the President meet requirements under sections
2203(a) and 2206(5).
``(b) Report to Congress.--The Archivist shall report
annually to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Reform of the House of Representatives on the
status of the certification.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 22 of title 44, United States Code, is
amended by adding at the end the following new item:
``2210. Certification of the President's management of Presidential
records.''.
(c) Report to Congress.--Section 2203(g) of title 44,
United States Code, is amended by adding at the end the
following new paragraph:
``(5) One year following the conclusion of a President's
term of office, or if a President serves consecutive terms 1
year following the conclusion of the last term, the Archivist
shall submit to the Committee on Homeland Security and
Governmental Affairs of the Senate and the Committee on
Oversight and Reform of the House of Representatives a report
on--
``(A) the volume and format of electronic Presidential
records deposited into that President's Presidential archival
depository; and
``(B) whether the electronic records management controls of
that President met the requirements under sections 2203(a)
and 2206(5).''.
(d) Effective Date.--The amendments made by this section
shall take effect 1 year after the date of the enactment of
this Act.
Subtitle C--Space Technology Advancement Report (STAR) Act of 2020
SEC. 1721. SHORT TITLE.
This subtitle may be cited as the ``Space Technology
Advancement Report (STAR) Act of 2020''.
SEC. 1722. FINDINGS.
Congress finds the following:
(1) As stated in the United States-China Economic and
Security Commission's 2019 Report to Congress, the United
States retains many advantages over the People's Republic of
China (PRC) in space, including--
(A) the organization and technical expertise of its space
program;
(B) the capabilities of the National Aeronautics and Space
Administration for human spaceflight and exploration;
(C) its vibrant commercial space sector;
(D) its long history of space leadership; and
(E) many international partnerships.
(2) The PRC seeks to establish a leading position in the
economic and military use of outer space and views space as
critical to its future security and economic interests.
(3) The PRC's national-level commitment to establishing
itself as a global space leader harms United States interests
and threatens to undermine many of the advantages the United
States has worked so long to establish.
(4) For over 60 years, the United States has led the world
in space exploration and human space flight through a robust
national program that ensures NASA develops and maintains
critical spaceflight systems to enable this leadership,
including the Apollo program's Saturn V rocket, the Space
Shuttle, the International Space Station and the Space Launch
System and Orion today.
(5) The Defense Intelligence Agency noted in its 2019
``Challenges to U.S. Security in Space'' report that the PRC
was developing a national super-heavy lift rocket comparable
to NASA's Space Launch System.
(6) The United States space program and commercial space
sector risks being hollowed out by the PRC's plans to attain
leadership in key technologies.
(7) It is in the economic and security interest of the
United States to remain the global leader in space power.
(8) A recent report by the Air Force Research Laboratory
and the Defense Innovation Unit found that China's strategy
to bolster its domestic space industry includes a global
program of theft and other misappropriation of intellectual
property, direct integration of state-owned entities and
their technology with commercial start-ups, the use of front
companies to invest in United States space companies,
vertical control of supply chains, and predatory pricing.
(9) The United States Congress passed the Wolf Amendment as
part of the Fiscal Year 2012 Consolidated and Further
Continuing Appropriations Act (Public Law 112-55) and every
year thereafter in response to the nefarious and offensive
nature of Chinese activities in the space industry.
SEC. 1723. REPORT; STRATEGY.
(a) Report.--
(1) In general.--Not later than 1 year after the date of
enactment of this section, and annually thereafter in fiscal
years 2022 and 2023, the National Space Council shall submit
to the appropriate congressional committees an interagency
assessment of the ability of the United States to compete
with foreign space programs and in the emerging commercial
space economy.
(2) Content of report.--The report shall include
information on the following:
(A) An assessment of the human exploration and spaceflight
capabilities of the national space program of the United
States relative to national programs of the PRC.
(B) An assessment of--
(i) the viability of extraction of space-based precious
minerals, onsite exploitation of space-based natural
resources, and utilization of space-based solar power;
(ii) the programs of the United States and the PRC that are
related to the issues described in clause (i); and
(iii) any potential terrestrial or space environmental
impacts of space-based solar power.
(C) An assessment of United States strategic interests in
or related to cislunar space.
(D) A comparative assessment of future United States space
launch capabilities and those of the PRC.
(E) The extent of foreign investment in the commercial
space sector of the United States, especially in venture
capital and other private equity investments that seek to
work with the Federal government.
(F) The steps by which the National Aeronautics and Space
Administration, the Department of Defense, and other United
States Federal agencies conduct the necessary due diligence
and security reviews prior to investing in private space
entities that may have received funding from foreign
investment.
(G) Current steps that the United States is taking to
identify and help mitigate threats to domestic space industry
from influence of the PRC.
(H) An assessment of the current ability, role, costs, and
authorities of the Department of Defense to mitigate the
threats of commercial communications and navigation in space
from the PRC's growing counterspace capabilities, and any
actions required to improve this capability.
(I) An assessment of how the PRC's activities are impacting
United States national security, including--
(i) theft by the PRC of United States intellectual property
through technology transfer requirements or otherwise; and
(ii) efforts of the PRC to seize control of critical
elements of the United States space industry supply chain and
United States space industry companies or sister companies
with shared leadership; and government cybersecurity
capabilities.
(J) An assessment of efforts of the PRC to pursue
cooperative agreements with other nations to advance space
development.
(K) Recommendations to Congress, including recommendations
with respect to--
(i) any legislative proposals to address threats by the PRC
to the United States national space programs as well as
domestic commercial launch and satellite industries;
(ii) how the United States Government can best utilize
existing Federal entities to investigate and prevent
potentially harmful investment by the PRC in the United
States commercial space industry;
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(b) Strategy.--
(1) In general.--Not later than 1 year after the submission
of the report required in subsection (a), the President, in
consultation with the National Space Council, shall develop
and submit to the appropriate congressional committees a
strategy to ensure the United States can--
(A) compete with other national space programs;
(B) maintain leadership in the emerging commercial space
economy;
(C) identify market, regulatory, and other means to address
unfair competition from the PRC based on the findings of in
the report required in subsection (a);
(D) leverage commercial space capabilities to ensure United
States national security and the security of United States
interests in space;
(E) protect United States supply chains and manufacturing
critical to competitiveness in space; and
(F) coordinate with international allies and partners in
space.
(3) Form.--The strategy required under paragraph (1) shall
be submitted in unclassified form, but may include a
classified annex.
[[Page H3220]]
(c) Definitions.--In this section, the following
definitions apply:
(1) Appropriate congressional committees of congress.--The
term ``appropriate congressional committees'' means--
(A) the Committee on Armed services, the Committee on
Foreign Relations, and the Committee on Commerce, Science,
and Transportation of the Senate; and
(B) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Committee on Science, Space, and
Technology of the House of Representatives.
(2) PRC.--The term ``PRC'' means the ``People's Republic of
China''.
Subtitle D--AMBER Alert Nationwide
SEC. 1731. COOPERATION WITH DEPARTMENT OF HOMELAND SECURITY.
Subtitle A of title III of the PROTECT Act (34 U.S.C. 20501
et seq.) is amended--
(1) in section 301--
(A) in subsection (b)--
(i) in paragraph (1), by inserting ``(including airports,
maritime ports, border crossing areas and checkpoints, and
ports of exit from the United States)'' after ``gaps in areas
of interstate travel''; and
(ii) in paragraphs (2) and (3), by inserting ``,
territories of the United States, and tribal governments''
after ``States''; and
(B) in subsection (d), by inserting ``, the Secretary of
Homeland Security,'' after ``Secretary of Transportation'';
and
(2) in section 302--
(A) in subsection (b), in paragraphs (2), (3), and (4) by
inserting ``, territorial, tribal,'' after ``State''; and
(B) in subsection (c)--
(i) in paragraph (1), by inserting ``, the Secretary of
Homeland Security,'' after ``Secretary of Transportation'';
and
(ii) in paragraph (2), by inserting ``, territorial,
tribal,'' after ``State''.
SEC. 1732. AMBER ALERTS ALONG MAJOR TRANSPORTATION ROUTES.
(a) In General.--Section 303 of the PROTECT Act (34 U.S.C.
20503) is amended--
(1) in the section heading, by inserting ``and major
transportation routes'' after ``along highways'';
(2) in subsection (a)--
(A) by inserting ``(referred to in this section as the
`Secretary')'' after ``Secretary of Transportation''; and
(B) by inserting ``and at airports, maritime ports, border
crossing areas and checkpoints, and ports of exit from the
United States'' after ``along highways'';
(3) in subsection (b)--
(A) in paragraph (1)--
(i) by striking ``other motorist information systems to
notify motorists'' and inserting ``other information systems
to notify motorists, aircraft passengers, ship passengers,
and travelers''; and
(ii) by inserting ``, aircraft passengers, ship passengers,
and travelers'' after ``necessary to notify motorists''; and
(B) in paragraph (2)--
(i) in subparagraph (A), by striking ``other motorist
information systems to notify motorists'' and inserting
``other information systems to notify motorists, aircraft
passengers, ship passengers, and travelers'';
(ii) in subparagraph (D), by inserting ``, aircraft
passengers, ship passengers, and travelers'' after ``support
the notification of motorists'';
(iii) in subparagraph (E), by inserting ``, aircraft
passengers, ship passengers, and travelers'' after
``motorists'', each place it appears;
(iv) in subparagraph (F), by inserting ``, aircraft
passengers, ship passengers, and travelers'' after
``motorists''; and
(v) in subparagraph (G), by inserting ``, aircraft
passengers, ship passengers, and travelers'' after
``motorists'';
(4) in subsection (c), by striking ``other motorist
information systems to notify motorists'', each place it
appears, and inserting ``other information systems to notify
motorists, aircraft passengers, ship passengers, and
travelers'';
(5) by amending subsection (d) to read as follows:
``(d) Federal Share.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of any activities funded by a grant
under this section may not exceed 80 percent.
``(2) Waiver.--If the Secretary determines that American
Samoa, Guam, the Northern Mariana Islands, Puerto Rico, or
the Virgin Islands of the United States is unable to comply
with the requirement under paragraph (1), the Secretary shall
waive such requirement.'';
(6) in subsection (g)--
(A) by striking ``In this section'' and inserting ``In this
subtitle''; and
(B) by striking ``or Puerto Rico'' and inserting ``American
Samoa, Guam, Puerto Rico, the Northern Mariana Islands, the
Virgin Islands of the United States, and any other territory
of the United States''; and
(7) in subsection (h), by striking ``fiscal year 2004'' and
inserting ``each of fiscal years 2019 through 2023''.
(b) Technical and Conforming Amendment.--The table of
contents in section 1(b) of the PROTECT Act (Public Law 108-
21) is amended by striking the item relating to section 303
and inserting the following:
``Sec. 303. Grant program for notification and communications systems
along highways and major transportation routes for
recovery of abducted children.''.
SEC. 1733. AMBER ALERT COMMUNICATION PLANS IN THE
TERRITORIES.
Section 304 of the PROTECT Act (34 U.S.C. 20504) is
amended--
(1) in subsection (b)(4), by inserting ``a territorial
government or'' after ``with'';
(2) by amending subsection (c) to read as follows:
``(c) Federal Share.--
``(1) In general.--Except as provided in paragraph (2), the
Federal share of the cost of any activities funded by a grant
under this section may not exceed 50 percent.
``(2) Waiver.--If the Attorney General determines that
American Samoa, Guam, the Northern Mariana Islands, Puerto
Rico, the Virgin Islands of the United States, or an Indian
tribe is unable to comply with the requirement under
paragraph (1), the Attorney General shall waive such
requirement.''; and
(3) in subsection (d), by inserting ``, including
territories of the United States'' before the period at the
end.
SEC. 1734. GOVERNMENT ACCOUNTABILITY OFFICE REPORT.
(a) In General.--Not later than 5 years after the date of
the enactment of this Act, the Comptroller General shall
conduct a study assessing--
(1) the implementation of the amendments made by this Act;
(2) any challenges related to integrating the territories
of the United States into the AMBER Alert system;
(3) the readiness, educational, technological, and training
needs of territorial law enforcement agencies in responding
to cases involving missing, abducted, or exploited children;
and
(4) any other related matters the Attorney General or the
Secretary of Transportation determines appropriate.
(b) Report Required.--The Comptroller General shall submit
a report on the findings of the study required under
subsection (a) to--
(1) the Committee on the Judiciary and the Committee on
Environment and Public Works of the Senate;
(2) the Committee on the Judiciary and the Committee on
Transportation and Infrastructure of the House of
Representatives; and
(3) each of the delegates or resident commissioner to the
House of Representatives from American Samoa, Guam, the
Northern Mariana Islands, Puerto Rico, and the Virgin Islands
of the United States.
(c) Public Availability.--The Comptroller General shall
make the report required under subsection (b) available on a
public Government website.
(d) Obtaining Official Data.--
(1) In general.--The Comptroller General may secure
information necessary to conduct the study under subsection
(a) directly from any Federal agency and from any territorial
government receiving grant funding under the PROTECT Act.
Upon request of the Comptroller General, the head of a
Federal agency or territorial government shall furnish the
requested information to the Comptroller General.
(2) Agency records.--Notwithstanding paragraph (1), nothing
in this subsection shall require a Federal agency or any
territorial government to produce records subject to a common
law evidentiary privilege. Records and information shared
with the Comptroller General shall continue to be subject to
withholding under sections 552 and 552a of title 5, United
States Code. The Comptroller General is obligated to give the
information the same level of confidentiality and protection
required of the Federal agency or territorial government. The
Comptroller General may be requested to sign a nondisclosure
or other agreement as a condition of gaining access to
sensitive or proprietary data to which the Comptroller
General is entitled.
(3) Privacy of personal information.--The Comptroller
General, and any Federal agency and any territorial
government that provides information to the Comptroller
General, shall take such actions as are necessary to ensure
the protection of the personal information of a minor.
Subtitle E--Other Matters
SEC. 1741. TECHNICAL, CONFORMING, AND CLERICAL AMENDMENTS.
(a) Title 10, United States Code.--Title 10, United States
Code, is amended as follows:
(1) Section 127e(g) is amended by striking ``Low-
Intensity'' and inserting ``Low Intensity''.
(2) Section 142 is amended--
(A) by striking subsection (d); and
(B) by redesignating the second subsection (c) as
subsection (d).
(3) Section 192(c) is amended by striking the first
paragraph (1).
(4) Section 231 is amended--
(A) in subsection (a)(1), by striking ``and'' after the
colon;
(B) by striking ``quadrennial defense review'' each place
it appears and inserting ``national defense strategy''; and
(C) in subsection (f)(3), by striking ``section 118'' and
inserting ``section 113(g)''.
(5) Section 1073c(a) is amended by redesignating the second
paragraph (6) as paragraph (7).
(6) Section 1044e is amended by striking ``subsection (h)''
each place it appears and inserting ``subsection (i)''.
(7) The table of sections at the beginning of chapter 58 is
amended by striking the item relating to section 1142 and
inserting the following:
``1142. Preseparation counseling; transmittal of certain records to
Department of Veterans Affairs.''.
(8) Section 1564(c)(2) is amended in the matter preceding
subparagraph (A) by striking ``in'' and inserting ``is''.
(9) The table of sections at the beginning of chapter 113
is amended by striking ``Sec.'' each place it appears, except
for the first ``Sec.'' preceding the item relating to section
2200g.
(10) The table of sections at the beginning of chapter 135
is amended by striking the item relating to section 2279c.
[[Page H3221]]
(11) The table of sections at the beginning of chapter 142
is amended by striking the item relating to section 2417 and
inserting the following:
``2417. Administrative and other costs.''.
(12) The table of sections at the beginning of chapter 152
is amended by striking the item relating to section 2568a and
inserting the following:
``2568a. Damaged personal protective equipment: award to members
separating from the Armed Forces and veterans.''.
(13) Section 2417(2) is amended by striking ``entities -''
and inserting ``entities--''.
(14) Section 2641b(a)(3)(B) is amended by striking
``subsection (c)(5)'' and inserting ``subsection (c)(6)''.
(15) Section 2804(b) is amended in the third sentence by
striking ``; and''.
(16) Section 2890(e)(2) is amended by inserting ``a''
before ``landlord'' in the matter preceding subparagraph (A).
(17) Section 2891(e)(1) is amended--
(A) by inserting ``unit'' after ``housing'' the third place
it appears; and
(B) in subparagraph (B), by inserting ``the'' before
``tenant''.
(18) Section 2891a is amended--
(A) in subsection (b), by adding a period at the end of
paragraph (2); and
(B) in subsection (e)(2)(B), by striking ``the'' before
``any basic''.
(19) Section 2894(c)(3) is amended by inserting ``, the
office'' after ``installation housing management office''.
(b) Title 38, United States Code.--Section 1967(a)(3)(D) of
title 38, United States Code, is amended in the matter
preceding clause (i) by inserting a comma after ``theater of
operations''.
(c) NDAA for Fiscal Year 2019.--Effective as of August 13,
2018, and as if included therein as enacted, the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232) is amended as follows:
(1) Section 226(b)(3)(C) (132 Stat. 1686) is amended by
striking ``commercial-off the-shelf'' and inserting
``commercially available off-the-shelf items (as defined in
section 104 of title 41, United States Code) that may serve
as''.
(2) Section 809(b)(3) (132 Stat. 1840) is amended by
striking ``Section 598(d)(4) of the National Defense
Authorization Act of for Fiscal Year 2010 (Public Law 111-84;
10 U.S.C. 1561 note)'' and inserting ``Section 563(d)(4) of
the Duncan Hunter National Defense Authorization Act for
Fiscal Year 2009 (Public Law 110-417; 10 U.S.C. 1561 note)''.
(3) Section 836(a)(2)(B) (132 Stat. 1860) is amended by
inserting ``of such title'' after ``Section 104(1)(A)''.
(4) Section 836(c)(8) is amended by striking subparagraphs
(A) and (B) and inserting the following new subparagraphs:
``(A) by striking `commercial items' and inserting
`commercial products'; and
``(B) by striking `the item' both places it appears and
inserting `commercial product'.''.
(5) Section 889(f) (132 Stat. 1918) is amended by striking
``appropriate congressional committees' '' and inserting
``appropriate congressional committees''.
(6) Section 1286(e)(2)(D) (10 U.S.C. 2358 note; 132 Stat.
2080) is amended by striking ``improve'' and inserting
``improved''.
(7) Section 1757(a) (50 U.S.C. 4816; 132 Stat. 2218) is
amended by inserting ``to persons'' before ``who are
potential''.
(8) Section 1759(a)(2) (50 U.S.C. 4818; 132 Stat. 2223) is
amended by striking the semicolon at the end and inserting a
period.
(9) Section 1763(c) (50 U.S.C. 4822; 132 Stat. 2231) is
amended by striking ``December 5, 1991'' and inserting
``December 5, 1995''.
(10) Section 1773(b)(1) (50 U.S.C. 4842; 132 Stat. 2235) is
amended by striking ``section 1752(1)(D)'' and inserting
``section 1752(2)(D)''.
(11) Section 1774(a) (50 U.S.C. 4843; 132 Stat. 2237) is
amended in the matter preceding paragraph (1) by inserting
``under'' before ``section 1773''.
(12) Section 2827(b)(1) (132 Stat. 2270) is amended by
inserting ``in the matter preceding the paragraphs'' after
``amended''.
(d) NDAA for Fiscal Year 2016.--Effective as of December
23, 2016, and as if included therein as enacted, section
856(a)(1) the National Defense Authorization Act for Fiscal
Year 2016 (Public Law 114-92; 10 U.S.C. 2377 note) is amended
by inserting ``United States Code,'' after ``title 41,''.
(e) Coordination With Other Amendments Made by This Act.--
For purposes of applying amendments made by provisions of
this Act other than this section, the amendments made by this
section shall be treated as having been enacted immediately
before any such amendments by other provisions of this Act.
SEC. 1742. ADDITION OF CHIEF OF THE NATIONAL GUARD BUREAU TO
THE LIST OF OFFICERS PROVIDING REPORTS OF
UNFUNDED PRIORITIES.
Section 222a(b) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (5) as paragraph (6); and
(2) by inserting after paragraph (4) the following new
paragraph:
``(5) The Chief of the National Guard Bureau.''.
SEC. 1743. ACCEPTANCE OF PROPERTY BY MILITARY ACADEMIES AND
MUSEUMS.
(a) Acceptance of Property.--Section 2601 of title 10,
United States Code, is amended--
(1) in subsection (a)(2), by inserting after subparagraph
(B) the following new subparagraph:
``(C) The Secretary concerned may display, at a military
museum, recognition for an individual or organization that
contributes money to a nonprofit entity described in
subparagraph (A), or an individual or organization that
contributes a gift directly to the armed force concerned for
the benefit of a military museum, whether or not the
contribution is subject to the condition that recognition be
provided. The Secretary of Defense shall prescribe uniform
regulations governing the circumstances under which
contributor recognition may be provided, appropriate forms of
recognition, and suitable display standards.''; and
(2) in subsection (e)(1)--
(A) by inserting ``or personal'' after ``real'' both places
it appears; and
(B) by striking ``or the Coast Guard Academy'' and
inserting ``the Coast Guard Academy, the National Defense
University, the Defense Acquisition University, the Air
University, the Army War College, the Army Command and
General Staff College, the Naval War College, the Naval
Postgraduate School, or the Marine Corps University''.
(b) Lease of Non-excess Property to Military Museums.--
(1) In general.--Section 2667 of title 10, United States
Code, is amended--
(A) in subsection (b)--
(i) in paragraph (7), by striking ``and'' at the end;
(ii) in paragraph (8), by striking the period at the end
and inserting ``; and''; and
(iii) by adding at the end the following new paragraph:
``(9) in the case of a lease of a museum facility to a
museum foundation, may provide for use in generating revenue
for activities of the museum facility and for such
administrative purposes as may be necessary to support the
facility.'';
(B) in subsection (i), by adding at the end the following
new paragraph:
``(6) The term `museum foundation' means any entity--
``(A) qualifying as an exempt organization under section
501(c)(3) of the Internal Revenue Code of 1986; and
``(B) incorporated for the primary purpose of supporting a
Department of Defense museum.''; and
(C) in subsection (k)--
(i) in the subsection heading, by inserting ``and Museums''
after ``Leases for Education''; and
(ii) by inserting ``or to a museum foundation'' before the
period at the end.
(2) Repeals.--
(A) Lease or license of united states navy museum
facilities at washington navy yard, district of columbia.--
The National Defense Authorization Act for Fiscal Year 2006
(Public Law 109-163) is amended by striking section 2852.
(B) Lease of facility to marine corps heritage
foundation.--Section 2884 of the Floyd D. Spence National
Defense Authorization Act for Fiscal Year 2001 (Public Law
106-398; 114 Stat. 1654A-440) is amended by striking
subsection (e).
SEC. 1744. REAUTHORIZATION OF NATIONAL OCEANOGRAPHIC
PARTNERSHIP PROGRAM.
(a) National Oceanographic Partnership Program.--Section
8931 of title 10, United States Code, is amended to read as
follows:
``SEC. 8931. NATIONAL OCEANOGRAPHIC PARTNERSHIP PROGRAM.
``(a) Establishment.--The Secretary of the Navy shall
establish a program to be known as the `National
Oceanographic Partnership Program'.
``(b) Purposes.--The purposes of the program are as
follows:
``(1) To promote the national goals of assuring national
security, advancing economic development, protecting quality
of life, ensuring environmental stewardship, and
strengthening science education and communication through
improved knowledge of the ocean.
``(2) To coordinate and strengthen oceanographic efforts in
support of those goals by--
``(A) creating and carrying out partnerships among Federal
agencies, academia, industry, and other members of the
oceanographic community in the areas of science, data,
resources, education, and communication; and
``(B) accepting, planning, and executing oceanographic
research projects funded by grants, contracts, cooperative
agreements, or other vehicles as appropriate, that contribute
to assuring national security, advancing economic
development, protecting quality of life, ensuring
environmental stewardship, and strengthening science
education and communication through improved knowledge of the
ocean.''.
(b) Ocean Policy Committee.--
(1) In general.--Section 8932 of such title is amended to
read as follows:
``Sec. 8932. Ocean Policy Committee
``(a) Committee.--There is established an Ocean Policy
Committee (hereinafter referred to as the `Committee'). The
Committee shall retain the membership, co-chairs, and
subcommittees outlined in Executive Order 13840.
``(b) Responsibilities.--The Committee shall continue the
activities of that Committee as it was in existence on the
day before the date of the enactment of the National Defense
Authorization Act for Fiscal Year 2021. In discharging its
responsibilities and to assist in the execution of the
activities delineated in this subsection, the Committee may
delegate to a subcommittee, as appropriate. The Committee
shall--
``(1) prescribe policies and procedures to implement the
National Oceanographic Partnership Program;
``(2) engage and collaborate, pursuant to existing laws and
regulations, with stakeholders, including regional ocean
partnerships, to address ocean-related matters that may
require interagency or intergovernmental solutions;
``(3) facilitate coordination and integration of Federal
activities in ocean and coastal waters to inform ocean policy
and identify priority ocean research, technology, and data
needs; and
``(4) review, select, and identify partnership projects for
implementation under the program, based on--
[[Page H3222]]
``(A) whether the project addresses important research
objectives or operational goals;
``(B) whether the project has, or is designed to have,
appropriate participation within the oceanographic community
of public, academic, commercial, private participation or
support;
``(C) whether the partners have a long-term commitment to
the objectives of the project;
``(D) whether the resources supporting the project are
shared among the partners; and
``(E) whether the project has been subjected to adequate
review according to each of the supporting agencies.
``(c) Annual Report and Briefing.--(1) Not later than March
1 of each year, the Committee shall post a report on the
National Oceanographic Partnership Program on a publicly
available website and brief--
``(A) the Committee on Commerce, Science, and
Transportation of the Senate;
``(B) the Committee on Armed Services of the Senate;
``(C) the Committee on Natural Resources of the House of
Representatives;
``(D) the Committee on Science, Space, and Technology of
the House of Representatives; and
``(E) the Committee on Armed Services of the House of
Representatives.
``(2) The report and all briefing materials shall be posted
to a publicly available website not later than 30 days after
the briefing.
``(3) The report and briefing shall include the following:
``(A) A description of activities of the program carried
out during the prior fiscal year.
``(B) A general outline of the activities planned for the
program during the current fiscal year.
``(C) A summary of projects, partnerships, and
collaborations, including the Federal and non-Federal sources
of funding, continued from the prior fiscal year and projects
expected to begin during the current and subsequent fiscal
years, as required in the program office report outlined in
section 8932(f)(2)(C) of this title.
``(D) The amounts requested in the budget submitted to
Congress pursuant to section 1105(a) of title 31 for the
subsequent fiscal year, for the programs, projects,
activities and the estimated expenditures under such
programs, projects, and activities, to execute the National
Oceanographic Partnership Program.
``(E) A summary of national ocean research priorities
informed by the Ocean Research Advisory Panel required in
section 8933(b)(4) of this title.
``(F) A list of the members of the Ocean Research Advisory
Panel described in section 8933(a) of this title and any
working groups described in section 8932(f)(2)(A) of this
title in existence during the fiscal years covered.
``(d) National Oceanographic Partnership Fund.--(1) There
is established in the Treasury a separate account to be known
as the National Oceanographic Partnership Program Fund to be
jointly managed by the Secretary of the Navy, the
Administrator of the National Oceanic and Atmospheric
Administration, and any other Federal agency that contributes
amounts to the Fund.
``(2) Amounts in the Fund shall be available to the
National Oceanic Partnership Program without further
appropriation to remain available for up to 5 years from the
date contributed or until expended for the purpose of
carrying out this section.
``(3) There is authorized to be credited to the Fund the
following:
``(A) Such amounts as determined appropriate to be
transferred to the Fund by the head of a Federal agency or
entity participating in the National Oceanographic
Partnership Program.
``(B) Funds provided by a State, local government, tribal
government, territory, or possession, or any subdivisions
thereof.
``(C) Funds contributed by--
``(i) a non-profit organization, individual, or
Congressionally-established foundation; and
``(ii) by private grants, contracts, and donations.
``(4) For the purpose of carrying out this section, as
directed by the Committee, departments or agencies
represented on the Committee may enter into contracts, make
grants, including transactions authorized by paragraph (5),
and may transfer funds available to the National
Oceanographic Partnership Program under paragraph (3) to
participating departments and agencies for such purposes.
``(5) The Committee or any participating Federal agency or
entity may enter into an agreement to use, with or without
reimbursement, the land, services, equipment, personnel, and
facilities of any department, agency, or instrumentality of
the United States, or of any State, local government, Indian
tribal government, Territory, District of Columbia, or
possession, or of any political subdivision thereof, or of
any foreign government or international organization or
individual, for the purpose of carrying out this section.
``(e) Establishment and Forms of Partnership Projects.--A
partnership project under the National Oceanographic
Partnership Program--
``(1) may be established by any instrument that the
Committee considers appropriate; and
``(2) may include demonstration projects.
``(f) Partnership Program Office.--(1) The Secretary of the
Navy and Administrator of the National Oceanic and
Atmospheric Administration shall jointly establish a
partnership program office for the National Oceanographic
Partnership Program. Competitive procedures will be used to
select an external operator for the partnership program
office.
``(2) The Committee will monitor the performance of the
duties of the partnership program office, which shall consist
of the following:
``(A) To support working groups established by the
Committee or subcommittee and report working group activities
to the Committee, including working group proposals for
partnership projects.
``(B) To support the process for proposing partnership
projects to the Committee, including, where appropriate,
managing review of such projects.
``(C) To submit to the Committee and make publicly
available an annual report on the status of all partnership
projects, including the Federal and non-Federal sources of
funding for each project, and activities of the office.
``(D) To perform any additional duties for the
administration of the National Oceanographic Partnership
Program that the Committee considers appropriate.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 893 of title 10, United States Code, is
amended by striking the item relating to section 8932 and
inserting the following new item:
``8932. Ocean Policy Committee.''.
(c) Ocean Research Advisory Panel.--Section 8933 of such
title is amended to read as follows:
``Sec. 8933. Ocean Research Advisory Panel
``(a) Establishment.--(1) The Committee shall establish an
Ocean Research Advisory Panel consisting of not less than 10
and not more than 18 members appointed by the Co-chairs,
including the following:
``(A) Three members who will represent the National
Academies of Sciences, Engineering, and Medicine.
``(B) Members selected from among individuals who will
represent the views of ocean industries, State, tribal,
territorial or local governments, academia, and such other
views as the Co-chairs consider appropriate.
``(C) Members selected from among individuals eminent in
the fields of marine science, marine technology, and marine
policy, or related fields.
``(2) The Committee shall ensure that an appropriate
balance of academic, scientific, industry, and geographical
interests and gender and racial diversity are represented by
the members of the Advisory Panel.
``(b) Responsibilities.--The Committee shall assign the
following responsibilities to the Advisory Panel:
``(1) To advise the Committee on policies and procedures to
implement the National Oceanographic Partnership Program.
``(2) To advise the Committee on matters relating to
national oceanographic science, engineering, facilities, or
resource requirements.
``(3) To advise the Committee on improving diversity,
equity, and inclusion in the ocean sciences and related
fields.
``(4) To advise the Committee on national ocean research
priorities.
``(5) Any additional responsibilities that the Committee
considers appropriate.
``(6) To meet no fewer than two times a year.
``(c) Administrative and Technical Support.--The
Administrator of the National Oceanic and Atmospheric
Administration shall provide such administrative and
technical support as the Ocean Research Advisory Panel may
require.
``(d) Federal Advisory Committee Act.--Section 14 of the
Federal Advisory Committee Act (5 U.S.C. App.) shall not
apply to the Ocean Research Advisory Panel appointed under
section 8933.''.
SEC. 1745. REQUIREMENTS RELATING TO PROGRAM AND PROJECT
MANAGEMENT.
(a) Standards for Program and Project Management.--Section
503(c)(1)(D) of title 31, United States Code, is amended by
striking ``consistent with widely accepted standards'' and
inserting ``in accordance with standards accredited by the
American National Standards Institute''.
(b) Program Management Improvement Officers and Program
Management Policy Council.--Section 1126 of title 31, United
States Code, is amended--
(1) in subsection (a)(1), by inserting after ``senior
executive of the agency'' the following: ``, who has
significant program and project management oversight
responsibilities,''; and
(2) in subsection (b)(4) by striking ``twice'' and
inserting ``four times''.
SEC. 1746. QUARTERLY BRIEFINGS ON JOINT ALL DOMAIN COMMAND
AND CONTROL CONCEPT.
(a) In General.--During the period beginning on October 1,
2020, and ending on October 1, 2022, the Director of the
Joint All Domain Command and Control (in this section
referred to as ``JADC2'') Cross Functional Team (in this
section referred to as ``CFT''), in consultation with the
Vice Chairman of the Joint Chiefs of Staff and Chief
Information Officer of the Department of Defense, shall
provide to the Committee on Armed Services of the House of
Representatives quarterly briefings on the progress of the
Department's Joint All Domain Command and Control concept.
(b) Elements.--Each briefing under subsection (a) shall
include, with respect to the JADC2 concept, the following
elements:
(1) The status of the joint concept of command and control.
(2) How the JADC2 CFT is identifying gaps and addressing
validated requirements based on the joint concept of command
and control.
(3) Progress in developing specific plans to evaluate and
implement materiel and non-materiel improvements to command
and control capabilities.
(4) Clarification on distribution of responsibilities and
authorities within the CFT and the Office of the Secretary of
Defense with respect to JADC2, and how the CFT and the Office
of the Secretary of Defense are synchronizing and aligning
with joint and military concepts, solutions, experimentation,
and exercises.
(5) The status of and review of any recommendations for
resource allocation necessary to achieve operational JADC2.
[[Page H3223]]
(6) A sufficiency assessment of planned funding across the
future years defense program for the development of JADC2
capabilities.
SEC. 1747. RESOURCES TO IMPLEMENT A DEPARTMENT OF DEFENSE
POLICY ON CIVILIAN CASUALTIES IN CONNECTION
WITH UNITED STATES MILITARY OPERATIONS.
(a) Resources to Implement Department of Defense Policy on
Civilian Casualties in Connection With United States Military
Operations.--
(1) Purpose.--The purpose of this section is to facilitate
fulfillment of the requirements in section 936 of the John S.
McCain National Defense Authorization Act for Fiscal Year
2019 (10 U.S.C. 134 note).
(2) Personnel.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense shall do
the following:
(A) Add to, and assign within, each of the United States
Central Command, the United States Africa Command, the United
States Special Operations Command, the United States European
Command, the United States Southern Command, the United
States Indo-Pacific Command, and the United States Northern
Command not fewer than two personnel who shall have primary
responsibility for the following in connection with military
operations undertaken by such command:
(i) Providing guidance and oversight relating to prevention
of and response to civilian casualties, promotion of
observance of human rights, and the protection of civilians
and civilian infrastructure.
(ii) Overseeing civilian casualty response functions on
behalf of the commander of such command.
(iii) Receiving reports of civilian casualties and conduct
of civilian casualty assessments.
(iv) Analyzing civilian casualty incidents and trends.
(v) Offering condolences for casualties, including ex
gratia payments.
(vi) Ensuring the integration of activities relating to
civilian casualty mitigation, protection of civilians, and
promotion of observance of human rights in security
cooperation activities.
(vii) Consulting with non-governmental organizations on
civilian casualty and human rights matters.
(B) Add to, and assign within, the Office of the Under
Secretary for Policy not fewer than two personnel who shall
have primary responsibility for implementing and overseeing
implementation by the components of the Department of Defense
of Department policy on civilian casualties resulting from
United States military operations.
(C) Add to, and assign within, the Joint Staff not fewer
than two personnel who shall have primary responsibility for
the following:
(i) Overseeing implementation by the components of the
Department of Defense of Department policy on civilian
casualties resulting from United States military operations.
(ii) Developing and sharing in the implementation of such
policy.
(iii) Communicating operational guidance on such policy.
(3) Training, software, and other requirements.--
(A) In general.--In each of fiscal years 2021 through 2023,
the Secretary of Defense and each Secretary of a military
department may obligate and expend, from amounts specified in
subparagraph (B), not more than $5,000,000 for the following:
(i) Training related to civilian casualty mitigation and
response.
(ii) Information technology equipment, support and
maintenance, and data storage, in order to implement the
policy of the Department related relating to civilian
casualties resulting from United States military operations
as required by section 936 of the John S. McCain National
Defense Authorization Act for Fiscal Year 2019.
(B) Funds.--The funds for a fiscal year specified in this
subparagraph are funds as follows:
(i) In the case of the Secretary of Defense, amounts
authorized to be appropriated for such fiscal year for
operation and maintenance, Defense-wide.
(ii) In the case of a Secretary of a military department,
amounts authorized to be appropriated for such fiscal year
for operation and maintenance for the components of the Armed
Forces under the jurisdiction of such Secretary.
(b) United States Military Operations Defined.--In this
section, the term ``United States military operations''
includes any mission, strike, engagement, raid, or incident
involving United States Armed Forces.
SEC. 1748. SENSE OF CONGRESS REGARDING REPORTING OF CIVILIAN
CASUALTIES RESULTING FROM UNITED STATES
MILITARY OPERATIONS.
It is the sense of Congress--
(1) to commend the Department of Defense for the measures
it has implemented and is currently implementing to prevent,
mitigate, track, investigate, learn from, respond to, and
report civilian casualties resulting from United States
military operations; and
(2) to agree with the Department that civilian casualties
are a tragic and unavoidable part of war, and to recognize
that the Department endeavors to conduct all military
operations in compliance with the international law of armed
conflict and the laws of the United States, including
distinction, proportionality, and the requirement to take
feasible precautions in planning and conducting operations to
reduce the risk of harm to civilians and other protected
persons and objects; and the protection of civilians and
other protected persons and objects, in addition to a legal
obligation and a strategic interest, is a moral and ethical
imperative; that the Department has submitted to Congress
three successive annual reports on civilian casualties
resulting from United States military operations for calendar
years 2017, 2018, and 2019, and has updated reports as
appropriate; and to recognize the efforts of the Department,
both in policy and in practice, to reduce the harm to
civilians and other protected persons and objects resulting
from United States military operations, and to encourage the
Department to make additional progress in--
(A) developing at all combatant commands personnel and
offices responsible for advising the commanders of such
commands, and integrating into command strategy, the
promotion of observance of human rights and the protection of
civilians and other protected persons and objects;
(B) finalizing and implementing the policy of the
Department relating to civilian casualties resulting from
United States military operations, as required by section 936
of the John S. McCain National Defense Authorization Act for
Fiscal Year 2019 (10 U.S.C. 134 note);
(C) finalizing Department-wide regulations to implement
section 1213 of the National Defense Authorization for Fiscal
Year 2020 (Public Law 116-92) for ex gratia payments for
damage, personal injury, or death that is incident to the use
of force by the United States Armed Forces, a coalition that
includes the United States, a military organization
supporting the United States, or a military organization
supporting the United States or such coalition; and
(D) professionalizing foreign partner forces to reduce
civilian casualties, including in connection with train and
equip programs, advise, assist, accompany, and enable
missions, and fully combined and coalition operations.
SEC. 1749. PROHIBITION OF PUBLIC DISPLAY OF CONFEDERATE
BATTLE FLAG ON DEPARTMENT OF DEFENSE PROPERTY.
(a) Prohibition.--Except as provided in subsection (b) the
Secretary of Defense shall prohibit the public display of the
Confederate battle flag at all Department of Defense
property.
(b) Exceptions.--The prohibition under subsection (a) shall
not apply to--
(1) a museum located on a Department of Defense
installation that addresses the Civil War from a historical
or educational perspective;
(2) an educational or historical display depicting a Civil
War battle in which the Confederate battle flag is present,
but not the main focus of the display;
(3) a State flag that incorporates the Confederate battle
flag;
(4) a State-issued license plate with a depiction of the
Confederate battle flag; or
(5) a grave site of a Confederate soldier.
(c) Definitions.--In this section:
(1) The term ``Confederate battle flag'' means the battle
flag carried by Confederate armies during the Civil War.
(2) The term ``Department of Defense property'' means all
installations, workplaces, common-access areas, and public
areas of the Department of Defense, including--
(A) office buildings, facilities, naval vessels, aircraft,
Government vehicles, hangars, ready rooms, conference rooms,
individual offices, cubicles, storage rooms, tool and
equipment rooms, workshops, break rooms, galleys,
recreational areas, commissaries, Navy and Marine Corps
exchanges, and heads;
(B) sensitive compartmented information facilities and
other secure facilities;
(C) open-bay barracks and common areas of barracks and
living quarters;
(D) all Department of Defense school houses and training
facilities including, officer candidate school, the basic
school, recruit training command, and recruiting offices;
(E) all areas of the Department of Defense in public or
plain view, including outside areas, work office buildings,
stores, or barracks, including parking lots;
(F) the front yard or external porch of Government-owned
and Government-operated housing and public-private venture
housing; and
(G) automobile bumper stickers, clothing, and other apparel
that is located on or in any installation, workplace, common-
access area, or public area of the Department of Defense.
SEC. 1750. DEPLOYMENT OF REAL-TIME STATUS OF SPECIAL USE
AIRSPACE.
(a) In General.--The Administrator of the Federal Aviation
Administration, in consultation, as appropriate, with the
Secretary of Defense and the heads of the military services,
including the National Guard and Air National Guard, and
other appropriate Federal agencies, shall initiate, not later
than 180 days after the date of enactment of this Act, a
program to enable public dissemination of information on--
(1) the real-time status of the activation or deactivation
of military operations areas and restricted areas; and
(2) the reports submitted to the Administrator pursuant to
section 73.19 of title 14, Code of Federal Regulations.
(b) Status Report.--
(1) In general.--Not later than one year after the
Administrator initiates the program required under subsection
(a), and every year thereafter until such program is
complete, the Administrator shall submit a status report to
the appropriate committees of Congress on the implementation
of such program.
(2) Contents.--The report required under paragraph (1)
shall contain, at a minimum--
(A) an update on the progress of the Administrator in
modifying policies, systems, or equipment that may be
necessary to enable the public dissemination of information
on the real-time status of the activation or deactivation of
military operations areas and restricted areas;
(B) a description of any challenges to completing the
program initiated pursuant to subsection (a), including
challenges in--
(i) receiving the timely and complete submissions of data
concerning airspace usage;
(ii) modifying policies; and
(iii) acquiring necessary systems or equipment; and
(C) a timeline of the anticipated completion of the program
and the modifications described in subparagraph (A).
[[Page H3224]]
(c) Utilization Reports.--Not later than 180 days after the
date of enactment of this Act, the Secretary of Defense shall
submit a report to the appropriate committees of Congress--
(1) describing whether the Department of Defense has
submitted the utilization reports required under section
73.19 of title 14, Code of Federal Regulations for the prior
fiscal year, and, if so, to what extent such reports have
been submitted; and
(2) providing, if the Secretary discovers that all such
reports have not been submitted in a timely and complete
manner--
(A) an explanation for the failure to submit any such
reports in the manner prescribed by regulation; and
(B) a plan to ensure the timely and complete submission of
all such reports.
(d) Policies.--Not later than 18 months after the date of
enactment of this Act, the Administrator shall submit a
report to the appropriate committees of Congress on special
use airspace, including a review of the Federal Aviation
Administration's--
(1) policies and processes for establishing, reviewing, and
revoking military operations areas and restricted areas; and
(2) administration, including release of, underutilized
special use airspace.
(e) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Commerce, Science, and Transportation
and the Committee on Armed Services of the Senate; and
(B) the Committee on Transportation and Infrastructure and
the Committee on Armed Services of the House of
Representatives.
(2) The term ``underutilized'', with respect to a military
operations area or restricted area, means such an area
determined by the Administrator of the Federal Aviation
Administrator to have had, during the two most recent
consecutive fiscal years prior to the date of enactment of
this Act, the number of hours actually utilized be less than
75 percent of the number of hours the area was activated,
discounted for weather cancellations and delays, loss of use
for reasons beyond the control of the Federal agency using
the area, and other factors determined appropriate by the
Administrator.
SEC. 1751. DUTIES OF SECRETARY UNDER UNIFORMED AND OVERSEAS
CITIZENS ABSENTEE VOTING ACT.
(a) Ensuring Ability of Absent Uniformed Services Voters
Serving at Diplomatic and Consular Posts to Receive and
Transmit Balloting Materials.--In carrying out the
Secretary's duties as the Presidential designee under the
Uniformed and Overseas Citizens Absentee Voting Act (52
U.S.C. 20301 et seq.), the Secretary shall take such actions
as may be necessary to ensure that an absent uniformed
services voter under such Act who is absent from the United
States by reason of active duty or service at a diplomatic
and consular post of the United States is able to receive and
transmit balloting materials in the same manner and with the
same rights and protections as an absent uniformed services
voter under such Act who is absent from the United States by
reason of active duty or service at a military installation.
(b) Effective Date.--This section shall apply with respect
to elections held on or after the date of the enactment of
this Act.
SEC. 1752. PUBLICLY AVAILABLE DATABASE OF CASUALTIES OF
MEMBERS OF THE ARMED FORCES.
(a) In General.--The Secretary of Defense shall publish on
an appropriate publicly available website of the Department
of Defense a database of all casualties of members of the
Armed Forces of the United States that occur during military
operations that take place during 1990 or any subsequent
year.
(b) Requirements.--The Secretary shall ensure that the
database published under subsection (a) has the following
capabilities:
(1) The capability of generating a machine readable report,
to the extent practicable, through searches based on each,
and any combination, of the casualty attributes.
(2) The capability of downloading individual records as the
result of a search based on each, and any combination, of the
casualty attributes.
(c) Next-of-kin Opt Out.--The Secretary shall develop a
mechanism under which the next-of-kin (as determined by the
Secretary) of any individual whose information would be
included in the database required under subsection (a) may
elect to have such information excluded from the database.
(d) Casualty Attributes.--In this section, the term
``casualty attributes'' means each of the following with
respect to the casualty of a member of the Armed Forces:
(1) The conflict in which the casualty occurred.
(2) The country where the casualty occurred.
(3) The attributes of the member of the Armed Forces,
including--
(A) service;
(B) component;
(C) name;
(D) rank;
(E) date of death; and
(F) any other information as determined by the Secretary.
SEC. 1753. NOTICE AND COMMENT FOR PROPOSED ACTIONS OF THE
SECRETARY OF DEFENSE RELATING TO FOOD AND
BEVERAGE INGREDIENTS.
(a) Notice and Comment.--Before promulgating any service-
wide or Department-wide final rule, statement, or
determination relating to the limitation or prohibition of an
ingredient in a food or beverage item provided to members of
the Armed Forces by the Department of Defense (including an
item provided through a commissary store, a dining facility
on a military installation, or a military medical treatment
facility), the Secretary of Defense shall--
(1) publish in the Federal Register a notice of the
proposed rule, statement, or determination (in this section
referred to as a ``proposed action''); and
(2) provide interested persons an opportunity to submit
public comments with respect to the proposed action.
(b) Matters to Be Included in Notice.--The Secretary shall
include in any notice published under subsection (a)(2) the
following:
(1) A summary of the notice.
(2) The date of publication of the notice.
(3) The contact information for the office of the
Department of Defense responsible for the proposed action.
(4) The deadline for comments to be submitted with respect
to the proposed action and a description of the method to
submit such comments.
(5) A description of the proposed action.
(6) Findings and a statement of reason supporting the
proposed action.
(c) Waiver Authority.--The Director of the Defense
Logistics Agency may waive subsections (a) and (b) if the
Director determines such waiver is necessary for military
operations or for the response to a national emergency
declared by the President under the National Emergencies Act
(50 U.S.C. 1601 et seq.), a medical emergency, or a pandemic.
(d) Reports.--
(1) Reports.--On a quarterly basis, the Director of the
Defense Logistics Agency shall submit to the congressional
defense committees a report containing an identification of
any waiver under subsection (c) issued or in effect during
the quarter preceding submission of the report.
(2) Matters.--A report under paragraph (1) shall include,
with respect to each waiver identified, the following:
(A) The date, time, and location of the issuance of such
waiver.
(B) A detailed justification for the issuance of such
waiver.
(C) An identification of the rule, statement, or
determination for which the Director issued such waiver,
including the proposed duration of such rule, statement, or
determination.
SEC. 1754. SPACE STRATEGIES AND ASSESSMENT.
(a) Sense of Congress.--It is the sense of Congress that
the United States Government should support activities in
space by--
(1) ensuring robust, innovative, and increasingly capable
civil and national security space programs;
(2) supporting effective and stable space partnerships with
allies of the United States;
(3) leveraging, to the greatest extent practicable and
appropriate, commercial space capabilities; and
(4) ensuring freedom of navigation and providing measures
to assure the supply chain related to such space assets and
manufacturing processes of such assets.
(b) Strategy Required.--Not later than 270 days after the
date of the enactment of this Act, the President, in
consultation with the National Space Council, shall develop
and maintain a strategy to ensure that the United States, as
appropriate, strengthens civil and national security
capabilities and operations in space through--
(1) challenging and inspiring civil space goals and
programs;
(2) partnerships with allies of the United States;
(3) leveraging of commercial space capabilities;
(4) ensuring supply chain and manufacturing processes for
space assets;
(5) sustaining a highly skilled, world-class workforce; and
(6) considering the financial security and cybersecurity
concerns threatening commercial and Federal Government launch
sites of the United States.
(c) Submission of Strategy and Plan.--Not later than one
year after the date of the enactment of this Act, the Chair
of the National Space Council, in consultation with relevant
departments and agencies of the Federal Government, shall
submit to the appropriate congressional committees a report
setting forth--
(1) the strategy under subsection (b); and
(2) a plan to implement the strategy, including to--
(A) ensure the freedom of navigation of space assets and
protect the supply chain relating to such assets and
manufacturing process of such assets from threats from the
People's Republic of China and the Russian Federation, which
may include protection from intellectual property theft and
threats with respect to electronic warfare capabilities;
(B) identify capabilities required to ensure civil and
national security space leadership;
(C) provide contingency and resiliency for civil and
national security space operations; and
(D) strengthen relations with the allies of the United
States with respect to space.
(d) Assessment and Report.--
(1) Assessment and report requirement.--Not later than 180
days after the date of the enactment of this Act, the
Secretary of Defense, in consultation with the Administrator
of the National Aeronautics and Space Administration, shall
submit to the appropriate congressional committees a report
that includes--
(A) an assessment of the capabilities and role of relevant
departments and agencies of the Federal Government to--
(i) ensure access to launch, communications, and freedom of
navigation and other relevant infrastructure and services for
civil and national security space programs and activities;
and
(ii) identify vulnerabilities that could affect access to
space infrastructure; and
(iii) address financial security and cybersecurity concerns
threatening commercial and Federal Government launch sites of
the United States; and
[[Page H3225]]
(B) recommendations and costs to improve the capabilities
assessed pursuant to subparagraph (A), including
recommendations with respect to--
(i) the electronic warfare capabilities of China and
Russia; and
(ii) the use of counterspace weapons and cyber attacks by
China and Russia.
(2) Form.--The report under paragraph (1) may include a
classified annex.
(e) Definitions.--In this section:
(1) The term ``appropriate congressional committees''
means--
(A) the Committee on Armed Services of the House of
Representatives;
(B) the Committee on Science, Space, and Technology of the
House of Representatives;
(C) the Committee on Foreign Affairs of the House of
Representatives;
(D) the Committee on Energy and Commerce of the House of
Representatives;
(E) the Committee on Armed Services of the Senate;
(F) the Committee on Foreign Relations of the Senate; and
(G) the Committee on Commerce, Science, and Transportation
of the Senate.
(2) The term ``launch site'' has the meaning given that
term under section 50902 of title 51, United States Code.
SEC. 1755. NONIMMIGRANT STATUS FOR CERTAIN NATIONALS OF
PORTUGAL.
For purposes of clauses (i) and (ii) of section
101(a)(15)(E) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)(E)), Portugal shall be considered to be a
foreign state described in such section if the Government of
Portugal provides similar nonimmigrant status to nationals of
the United States.
SEC. 1756. SENSE OF CONGRESS ON EXTENSION OF LIMITATIONS ON
IMPORTATION OF URANIUM FROM RUSSIAN FEDERATION.
It is the sense of Congress that--
(1) a secure nuclear fuel supply chain is essential to the
economic and national security of the United States;
(2) the Government of the Russian Federation uses its
control over energy resources, including in the civil nuclear
sector, to exert political influence and create economic
dependency in other countries;
(3) the Agreement Suspending the Antidumping Investigation
on Uranium from the Russian Federation (commonly referred to
as the ``Russian Suspension Agreement''), which limits
imports of Russian uranium to 20 percent of the market share,
is vital to averting American dependence on Russian energy;
(4) the United States should--
(A) expeditiously complete negotiation of an extension of
the Russian Suspension Agreement to cap the market share for
Russian uranium at 20 percent or lower; or
(B) if an agreement to extend the Russian Suspension
Agreement cannot be reached, complete the antidumping
investigation under title VII of the Tariff Act of 1930 (19
U.S.C. 1671 et seq.) with respect to imports of uranium from
the Russian Federation--
(i) to avoid unfair trade in uranium and maintain a nuclear
fuel supply chain in the United States, consistent with the
national security and nonproliferation goals of the United
States; and
(ii) to protect the United States nuclear fuel supply chain
from the continued manipulation of the global and United
States uranium markets by the Russian Federation and Russian-
influenced competitors;
(5) a renegotiated, long-term extension of the Russian
Suspension Agreement can prevent adversaries of the United
States from monopolizing the nuclear fuel supply chain;
(6) as was done in 2008, upon completion of a new
negotiated long-term extension of the Russian Suspension
Agreement, Congress should enact legislation to codify the
terms of extension into law to ensure long-term stability for
the domestic nuclear fuel supply chain; and
(7) if the negotiations to extend the Russian Suspension
Agreement prove unsuccessful, Congress should be prepared to
enact legislation to prevent the manipulation by the Russian
Federation of global uranium markets and potential domination
by the Russian Federation of the United States uranium
market.
SEC. 1757. AUTHORITY TO ESTABLISH A MOVEMENT COORDINATION
CENTER PACIFIC IN THE INDOPACIFIC REGION.
(a) Authority to Establish.--
(1) In general.--The Secretary of Defense, with the
concurrence of the Secretary of State, may authorize--
(A) the establishment of a Movement Coordination Center
Pacific (in this section referred to as the ``Center''); and
(B) participation of the Department of Defense in an Air
Transport and Air-to-Air refueling and other Exchanges of
Services program (in this section referred to as the ``ATARES
program'') of the Center.
(2) Scope of participation.--Participation in the ATARES
program under paragraph (1)(B) shall be limited to the
reciprocal exchange or transfer of air transportation and air
refueling services on a reimbursable basis or by replacement-
in-kind or the exchange of air transportation or air
refueling services of an equal value with foreign militaries.
(3) Limitations.--The Department of Defense's balance of
executed transportation hours, whether as credits or debits,
in participation in the ATARES program under paragraph (1)(B)
may not exceed 500 hours. The Department of Defense's balance
of executed flight hours for air refueling in the ATARES
program under paragraph (1)(B) may not exceed 200 hours.
(b) Written Arrangement or Agreement.--
(1) Arrangement or agreement required.--The participation
of the Department of Defense in the ATARES or exchange like
program under subsection (a) shall be in accordance with a
written arrangement or agreement entered into by the
Secretary of Defense, with the concurrence of the Secretary
of State.
(2) Funding arrangements.--If Department of Defense
facilities, equipment, or funds are used to support the
ATARES program, the written arrangement or agreement under
paragraph (1) shall specify the details of any equitable
cost-sharing or other funding arrangement.
(3) Other elements.--Any written arrangement or agreement
entered into under paragraph (1) shall require that any
accrued credits and liabilities resulting from an unequal
exchange or transfer of air transportation or air refueling
services shall be liquidated, not less than once every five
years, through the ATARES program.
(c) Implementation.--In carrying out any written
arrangement or agreement entered into under subsection (b),
the Secretary of Defense may--
(1) pay the Department of Defense's equitable share of the
operating expenses of the Center and the ATARES program from
funds available to the Department of Defense for operation
and maintenance; and
(2) assign members of the Armed Forces or Department of
Defense civilian personnel, within billets authorized for the
United States Indo-Pacific Command, to duty at the Center as
necessary to fulfill the Department of Defense obligations
under that arrangement or agreement.
(d) Report.--Not later than March 1, 2021, the Secretary of
Defense shall submit to the congressional defense committees
a report that contains--
(1) a summary of the coordination structure of the center
and program, and details related to its formation and
implementation;
(2) list of the military services, by country,
participating or seeking to participate in the program;
(3) for each country on the list under paragraph (2), a
description of completed agreements and those still to be
completed with host nations, as applicable; and
(4) any other relevant matters that the Secretary
determines should be included.
SEC. 1758. ESTABLISHMENT OF VETTING PROCEDURES AND MONITORING
REQUIREMENTS FOR CERTAIN MILITARY TRAINING.
(a) Establishment of Vetting Procedures.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
establish procedures to vet covered individuals for
eligibility for physical access to Department of Defense
installations and facilities within the United States.
(2) Criteria for procedures.--The procedures established
under paragraph (1) shall include biographic and biometric
screening of covered individuals, continuous review of
whether covered individuals should continue to be authorized
for physical access, biographic checks of the immediate
family members of covered individuals, and any other measures
that the Secretary determines appropriate for vetting.
(3) Collection of information.--The Secretary shall--
(A) collect the information required to vet individuals
under the procedures established under this subsection;
(B) as required for the effective implementation of this
section, seek to enter into agreements with the relevant
departments and agencies of the United States to facilitate
the sharing of information in the possession of such
departments and agencies concerning covered individuals; and
(C) ensure that the initial vetting of covered individuals
is conducted as early and promptly as practicable, to
minimize disruptions to United States programs to train
foreign military students.
(b) Determination Authority.--
(1) Review of vetting results.--The Secretary shall assign
to an organization within the Department with responsibility
for security and counterintelligence the responsibility of--
(A) reviewing the results of the vetting of a covered
individual conducted under subsection (a); and
(B) making a recommendation regarding whether such
individual should be given physical access to a Department of
Defense installation or facility.
(2) Negative recommendation.--If the recommendation with
respect to a covered individual under paragraph (1)(B) is
that the individual should not be given physical access to a
Department of Defense installation or facility--
(A) such individual may only be given such access if such
access is authorized by the Secretary of Defense or the
Deputy Secretary of Defense; and
(B) the Secretary of Defense shall ensure that the
Secretary of State is promptly provided with notification of
such recommendation.
(c) Additional Security Measures.--
(1) Security measures required.--The Secretary of Defense
shall ensure that--
(A) all Department of Defense common access cards issued to
foreign nationals in the United States comply with the
credentialing standards issued by the Office of Personnel
Management;
(B) all such common access cards issued to foreign
nationals in the United States include a visual indicator as
required by the standard developed by the Department of
Commerce National Institute of Standards and Technology;
(C) physical access by covered individuals is limited, as
appropriate, to those Department of Defense installations or
facilities within the United States directly associated with
the training or education or necessary for such individuals
to access authorized benefits;
(D) a policy is in place covering possession of firearms on
Department of Defense property by covered individuals;
[[Page H3226]]
(E) covered individuals who have been granted physical
access to Department of Defense installations and facilities
are incorporated into the Insider Threat Program of the
Department of Defense; and
(F) covered individuals are prohibited from transporting,
possessing, storing, or using personally owned firearms on
Department of Defense installations or property consistent
with the Secretary of Defense policy memorandum dated January
16, 2020.
(2) Effective date.--The security measures required under
paragraph (1) shall take effect on the date that is 181 days
after the date of the enactment of this Act.
(3) Notification required.--Upon the establishment of the
security measures required under paragraph (1), the Secretary
of Defense shall submit to the Committees on Armed Services
of the Senate and House of Representatives notice of the
establishment of such security measures.
(d) Reporting Requirements.--
(1) Briefing requirement.--Not later than 90 days after the
date of the enactment of this Act, the Secretary of Defense
shall provide to the Committee on Armed Services of the
Senate and the Committees on Armed Services and Foreign
Affairs of the House of Representative a briefing on the
establishment of any policy or guidance related to the
implementation of this section.
(2) Report.--Not later than two years after the date of the
enactment of this Act, the Secretary of Defense shall submit
to such committees a report on the implementation and effects
of this section. Such report shall include a description of--
(A) any positive or negative effects on the training of
foreign military students as a result of this section;
(B) the effectiveness of the vetting procedures implemented
pursuant to this section in preventing harm to members of the
Armed Forces and United States persons;
(C) any mitigation strategies used to address any negative
effects of the implementation of this section; and
(D) a proposed plan to mitigate any ongoing negative
effects to the vetting and training of foreign military
students by the Department of Defense.
(e) Definitions.--In this section:
(1) The term ``covered individual'' means any foreign
national (except foreign nationals of Australia, Canada, New
Zealand, and the United Kingdom who have been granted a
security clearance that is reciprocally accepted by the
United States for access to classified information) who--
(A) is seeking physical access to a Department of Defense
installation or facility within the United States; and
(B) is--
(i) selected, nominated, or accepted for training or
education for a period of more than 14 days occurring on a
Department of Defense installation or facility within the
United States; or
(ii) an immediate family member accompanying any foreign
national who has been selected, nominated, or accepted for
such training or education.
(2) The term ``United States'' means the several States,
the District of Columbia, the Commonwealth of Puerto Rico,
and Guam.
(3) The term ``immediate family member'' with respect to
any individual means the parent, step-parent, sibling, step-
sibling, half-sibling, child, or step-child of the
individual.
SEC. 1759. WOMEN, PEACE, AND SECURITY ACT IMPLEMENTATION.
(a) Sense of Congress.--It is the sense of Congress that
$15,000,000 annually is an appropriate allocation of funding
to be made available for activities consistent with the
Women, Peace, and Security Act of 2017 (Public Law 115-68;
131 Stat. 1202) and with any guidance specified in this
section, in order to fully implement such Act and in
furtherance of the national security priorities of the United
States.
(b) In General.--During the period beginning on the date of
the enactment of this Act and ending on September 30, 2025,
the Secretary of Defense shall carry out activities
consistent with the Women, Peace, and Security Act of 2017
and with the guidance specified in this section, including by
carrying out--
(1) any Defense-wide directives and programs that advance
the implementation of the Women, Peace, and Security Act of
2017, including directives relating to military doctrine,
programs that are applicable across the Department, and
programs that are specific to a combatant command;
(2) the hiring and training of full-time equivalent
personnel as gender advisors of the Department;
(3) the integration of gender analysis into training for
military personnel across ranks, to include special emphasis
on senior level training and support for women, peace, and
security; and
(4) security cooperation activities that further implement
the Women, Peace, and Security Act of 2017.
(c) Security Cooperation Activities.--Consistent with the
Women, Peace, and Security Act of 2017, the Secretary of
Defense, in coordination with the Secretary of State, shall
incorporate gender analysis and participation by women into
security cooperation activities conducted with the national
security forces of foreign countries pursuant to subsection
(b)(4), including by--
(1) incorporating gender analysis (including data
disaggregated by sex) and priorities for women, peace, and
security into educational, training, and capacity-building
materials and programs, including as authorized by section
333 of title 10, United States Code;
(2) advancing and advising on the recruitment, employment,
development, retention, and promotion of women in the
national security forces of such foreign countries, including
by--
(A) identifying available military career opportunities for
women;
(B) promoting such career opportunities among women and
girls;
(C) promoting the skills necessary for such careers;
(D) encouraging the interest of women and girls in such
careers, including by highlighting as role models women in
such careers in the United States or in applicable foreign
countries; and
(E) advising on best practices to prevent the harassment
and abuse of women serving in the national security forces of
such foreign countries;
(3) incorporating training and advising to address sexual
harassment and abuse against women within such national
security forces;
(4) integrating gender analysis into policy and planning;
and
(5) ensuring any infrastructure constructed pursuant to the
security cooperation activity addresses the requirements of
women serving in such national security forces, including by
addressing appropriate equipment.
(d) Partner Country Assessments.--The Secretary of Defense
shall include in any partner country assessment conducted in
the course of carrying out security cooperation activities
specified in subsection (b)(4) consideration of any barriers
or opportunities with respect to women in the national
security forces of such partner countries, including any
barriers or opportunities relating to--
(1) protections against exploitation, abuse, and
harassment; or
(2) recruitment, employment, development, retention, or
promotion of the women.
(e) Standardization of Policies.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary of Defense shall
initiate a process to standardize policies relating to women,
peace, and security across the Department of Defense.
(2) Roles, responsibilities, and requirements.--In carrying
out the process initiated under paragraph (1), the Secretary
shall establish roles, responsibilities, and requirements for
gender advisors, gender focal points, and women, peace, and
security subject matter experts, including with respect to
commander and senior official-level engagement and support
for women, peace, and security commitments.
(f) Department Education, and Training.--The Secretary of
Defense shall--
(1) integrate gender analysis into relevant training for
all members of the Armed Forces and civilian employees of the
Department of Defense;
(2) develop standardized training, across the Department,
for gender advisors, gender focal points, and women, peace,
and security subject matter experts; and
(3) ensure that gender analysis and the meaningful
participation of women and their relationship to security
outcomes is addressed in professional military education
curriculum.
(g) Briefing.--Not later than one year after the date of
the enactment of this Act, the Director of the Defense
Security Cooperation Agency shall provide a briefing to the
appropriate committees of Congress on the efforts to build
partner defense institution and security force capacity
pursuant to this section.
(h) Reports.--During the period beginning on the date of
the enactment and ending on January 1, 2025, on a basis that
is not less frequently than annually, the Secretary of
Defense shall submit to the appropriate committees of
Congress reports on the steps the Department has taken to
implement the Women, Peace, and Security Act of 2017,
including with respect to activities carried out under this
section.
(i) Definitions.--In this section:
(1) The term ``appropriate committees of Congress'' means--
(A) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(2) The term ``gender analysis'' has the meaning given that
term in the Women's Entrepreneurship and Economic Empowerment
Act of 2018 (Public Law 115-428; 132 Stat. 5509).
SEC. 1760. DEVELOPING CRISIS CAPABILITIES TO MEET NEEDS FOR
HOMELAND SECURITY-CRITICAL SUPPLIES.
(a) In General.--The Secretary of Homeland Security shall
coordinate with the Secretary of Health and Human Services,
the Administrator of the Environmental Protection Agency, and
the heads of other relevant Federal departments and
agencies--
(1) to identify categories of homeland security-critical
supplies that would be needed to address potential national
emergencies or disasters, including any public health
emergency, act of terrorism (as defined in section 3077 of
title 18, United States Code), cyber attack, and other
attack;
(2) to develop plans, designs, and guidance relating to the
production, in accordance with other applicable law, of the
categories of homeland security-critical supplies identified
pursuant to paragraph (1) to address the respective national
emergencies and disasters, including such production by
nontraditional manufacturers; and
(3) based on such final plans, designs, and guidance, to
enter into such contingent arrangements with governmental and
private entities, in accordance with other applicable law, as
may be necessary to expedite the production of homeland
security-critical supplies in the event of a national
emergency or disaster.
(b) Process.--In coordinating the development or revision
of a plan, design, or guidance with respect to any homeland
security-critical supply under this section:
[[Page H3227]]
(1) The Secretary of Homeland Security shall give each
Federal department or agency with responsibility for
regulating the supply an opportunity--
(A) to contribute to the development or revision of the
plan, design, or guidance; and
(B) to approve or disapprove the plan, design, or guidance
under regulations appropriate to approving the supply for
emergency or disaster use.
(2) If a Federal department or agency with responsibility
for regulating the homeland security-critical supply
disapproves of the plan, design, or guidance with respect to
the supply, the head of the disapproving department or agency
shall provide to the Secretary of Homeland Security the
rationale for the disapproval.
(3) The Secretary of Homeland Security may--
(A) if no Federal department or agency disapproves a plan,
design, or guidance as described in paragraphs (1)(B) and
(2), finalize the plan, design, or guidance for purposes of
subsections (a)(3) and (c); and
(B) if a Federal department or agency does disapprove a
plan, design, or guidance as described in paragraphs (1)(B)
and (2), provide an updated plan, design, or guidance for
review and approval or disapproval in accordance with
paragraphs (1) and (2).
(c) Public Posting.--The Secretary of Homeland Security
shall publish each final plan, design, or guidance that is
developed under this section on a public Internet website,
except that the Secretary may withhold publication of, or
redact information from the publication of, a plan, design,
or guidance if--
(1) publicly posting the information would not be in the
interest of homeland security;
(2) the information is protected from public disclosure by
other applicable law; or
(3) the information is protected from public disclosure by
contract.
(d) Relation to Other Law.--Nothing in this section shall
be construed to expand, repeal, limit, or otherwise affect
the provisions of other applicable law pertaining to the
regulation of a homeland security-critical supply.
(e) Biennial Review.--Not less than every two years, in
accordance with subsections (a) through (e), the Secretary of
Homeland Security shall coordinate the review and, as needed,
revision of each plan, design, and guidance in effect under
this section.
(f) Definition.--In this section:
(1) The term ``homeland security-critical supply''--
(A) means any supply needed to ensure public safety and
welfare during--
(i) a national emergency or disaster, including any public
health emergency, act of terrorism (as defined in section
3077 of title 18, United States Code), cyber attack, and
other attack; or
(ii) any other reasonably foreseeable contingency of grave
consequence to the United States during which shortages are
reasonably anticipated; and
(B) includes a vaccine, a medication, medical equipment,
and personal protective equipment.
(2) The term ``nontraditional manufacturer'' may include
(as determined by the Secretary)--
(A) a home craftsperson;
(B) a distiller;
(C) a cosmetic manufacturer;
(D) a manufacturing facility primarily designed for an
industry other than manufacturing homeland security-critical
supplies;
(E) an institution of higher education;
(F) an advanced manufacturing facility;
(G) a machine shop; and
(H) a research laboratory.
SEC. 1761. ESTABLISHMENT OF WESTERN EMERGENCY REFINED
PETROLEUM PRODUCTS RESERVE.
(a) Establishment.--The Secretary of Defense, acting
through the Director of the Defense Logistics Agency, shall
establish a reserve, to be known as the ``Western Emergency
Refined Petroleum Products Reserve'' (in this section
referred to as the ``Reserve''), to store refined petroleum
products that may be made available to military and
governmental entities during an emergency situation, as
determined appropriate by the Secretary of Defense.
(b) Use of Reserve.--In accordance with subsection (a), the
Secretary of Defense may make refined petroleum products
stored in the Reserve available to other Federal agencies,
State and local governments, and any other public entity
determined appropriate by the Secretary of Defense.
(c) Reimbursement.--The Secretary of Defense shall require
reimbursement for associated costs for storage capacity or
refined petroleum products made available to other Federal
agencies, State or local governments, or any other public
entity pursuant to this section.
(d) Location.--The Reserve shall--
(1) be located in the western region of the United States;
(2) utilize salt cavern storage; and
(3) be in immediate proximity to existing pipeline, rail,
and highway infrastructure.
(e) Condition on Commencement.--Commencement of the program
shall be subject to the availability of appropriations for
the program.
DIVISION B--MILITARY CONSTRUCTION AUTHORIZATIONS
SEC. 2001. SHORT TITLE.
This division may be cited as the ``Military Construction
Authorization Act for Fiscal Year 2021''.
SEC. 2002. EXPIRATION OF AUTHORIZATIONS AND AMOUNTS REQUIRED
TO BE SPECIFIED BY LAW.
(a) Expiration of Authorizations After Three Years.--Except
as provided in subsection (b), all authorizations contained
in titles XXI through XXVII and title XXIX for military
construction projects, land acquisition, family housing
projects and facilities, and contributions to the North
Atlantic Treaty Organization Security Investment Program (and
authorizations of appropriations therefor) shall expire on
the later of--
(1) October 1, 2023; or
(2) the date of the enactment of an Act authorizing funds
for military construction for fiscal year 2024.
(b) Exception.--Subsection (a) shall not apply to
authorizations for military construction projects, land
acquisition, family housing projects and facilities, and
contributions to the North Atlantic Treaty Organization
Security Investment Program (and authorizations of
appropriations therefor), for which appropriated funds have
been obligated before the later of--
(1) October 1, 2023; or
(2) the date of the enactment of an Act authorizing funds
for fiscal year 2024 for military construction projects, land
acquisition, family housing projects and facilities, or
contributions to the North Atlantic Treaty Organization
Security Investment Program.
SEC. 2003. EFFECTIVE DATE.
Titles XXI through XXVII and title XXIX shall take effect
on the later of--
(1) October 1, 2020; or
(2) the date of the enactment of this Act.
TITLE XXI--ARMY MILITARY CONSTRUCTION
SEC. 2101. AUTHORIZED ARMY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2103(a) and available for military
construction projects inside the United States as specified
in the funding table in section 4601, the Secretary of the
Army may acquire real property and carry out military
construction projects for the installations or locations
inside the United States, and in the amounts, set forth in
the following table:
Army: Inside the United States
------------------------------------------------------------------------
State Installation Amount
------------------------------------------------------------------------
Alaska........................ Fort Wainwright....... $91,500,000
Arizona....................... Yuma Proving Ground... $14,000,000
Colorado...................... Fort Carson........... $28,000,000
Georgia....................... Fort Gillem........... $71,000,000
Fort Gordon........... $80,000,000
Hawaii........................ Fort Shafter.......... $26,000,000
Schofield Barracks.... $39,000,000
Wheeler Army Air Field $89,000,000
Louisiana..................... Fort Polk............. $25,000,000
Oklahoma...................... McAlester Army $35,000,000
Ammunition Plant.....
Virginia...................... Humphreys Engineer $51,000,000
Center...............
------------------------------------------------------------------------
SEC. 2102. FAMILY HOUSING.
(a) Construction and Acquisition.--Using amounts
appropriated pursuant to the authorization of appropriations
in section 2103(a) and available for military family housing
functions as specified in the funding table in section 4601,
the Secretary of the Army may construct or acquire family
housing units (including land acquisition and supporting
facilities) at the installations, and in the amounts, set
forth in the following table:
Army: Family Housing
----------------------------------------------------------------------------------------------------------------
State/Country Installation Units Amount
----------------------------------------------------------------------------------------------------------------
Italy................................... Vicenza.................. Family Housing New $84,100,000
Construction.............
[[Page H3228]]
Kwajalein............................... Kwajalein Atoll........... Family Housing Replacement $32,000,000
Construction.............
----------------------------------------------------------------------------------------------------------------
(b) Planning and Design.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2103(a) and available for military family housing functions
as specified in the funding table in section 4601, the
Secretary of the Army may carry out architectural and
engineering services and construction design activities with
respect to the construction or improvement of family housing
units in an amount not to exceed $3,300,000.
SEC. 2103. AUTHORIZATION OF APPROPRIATIONS, ARMY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2020, for military construction, land
acquisition, and military family housing functions of the
Department of the Army as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2101 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2104. LIMITATION ON MILITARY CONSTRUCTION PROJECT AT
KWAJALEIN ATOLL.
The Secretary of the Army may not commence the military
construction project authorized by section 2101(b) at
Kwajalein Atoll, as specified in the funding table in section
4601, and none of the funds authorized to be appropriated by
this Act for that military construction project may be
obligated or expended, until the Secretary submits to
Committees on Armed Services of the House of Representatives
and the Senate a design plan for the project that ensures
that, upon completion of the project, the project will be
resilient to 15 inches of sea level rise and periods of
complete inundation and wave-overwash predicted during the
10-year period beginning on the date of the enactment of this
Act.
SEC. 2105. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2017 PROJECT.
In the case of the authorization contained in the table in
section 2102(a) of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 130 Stat. 2689) for
Camp Walker, Korea, for family housing new construction, as
specified in the funding table in section 4601 of such Act
(130 Stat. 2883), the Secretary of the Army may construct an
elevated walkway between two existing parking garages to
connect children's playgrounds.
TITLE XXII--NAVY MILITARY CONSTRUCTION
SEC. 2201. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2203(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Navy: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona....................................... Marine Corps Air Station Yuma................... $99,600,000
California.................................... Marine Corps Base Camp Pendleton................ $68,530,000
Naval Air Station Lemoore....................... $187,220,000
Naval Base San Diego............................ $128,500,000
Marine Corps Air Ground Combat Center Twentynine $76,500,000
Palms..........................................
Guam.......................................... Andersen Air Force Base......................... $21,280,000
Joint Region Marianas........................... $546,550,000
Hawaii........................................ Joint Base Pearl Harbor-Hickam.................. $114,900,000
Maine......................................... Portsmouth Naval Shipyard....................... $715,000,000
Nevada........................................ Fallon Range Training Complex................... $29,040,000
Virginia...................................... Naval Station Norfolk........................... $30,400,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2203(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Navy may acquire real
property and carry out military construction projects for the
installations or locations outside the United States, and in
the amounts, set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Bahrain Island................................ Naval Support Activity Bahrain.................. $68,340,000
Greece........................................ Naval Support Activity Souda Bay................ $50,180,000
Spain......................................... Naval Station Rota.............................. $60,110,000
----------------------------------------------------------------------------------------------------------------
SEC. 2202. FAMILY HOUSING AND IMPROVEMENTS TO MILITARY FAMILY
HOUSING UNITS.
(a) Family Housing.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2203(a) and
available for military family housing functions as specified
in the funding table in section 4601, the Secretary of the
Navy may carry out architectural and engineering services and
construction design activities with respect to the
construction or improvement of family housing units in an
amount not to exceed $5,854,000.
(b) Improvements to Military Family Housing Units.--Subject
to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of
appropriations in section 2203(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Navy may improve existing
military family housing units in an amount not to exceed
$37,043,000.
SEC. 2203. AUTHORIZATION OF APPROPRIATIONS, NAVY.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2020, for military construction, land
acquisition, and military family housing functions of the
Department of the Navy, as specified in the funding table in
section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2201 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
TITLE XXIII--AIR FORCE MILITARY CONSTRUCTION
SEC. 2301. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2303(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
[[Page H3229]]
Air Force: Inside the United States
------------------------------------------------------------------------
Installation or
State Location Amount
------------------------------------------------------------------------
California................... Edwards Air Force Base $40,000,000
Guam......................... Joint Region Marianas. $56,000,000
New Jersey................... Joint Base McGuire-Dix- $22,000,000
Lakehurst............
Texas........................ Joint Base San $19,500,000
Antonio.
Virginia..................... Joint Base Langley- $19,500,000
Eustis.
------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2303(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of the Air Force may acquire
real property and carry out military construction projects
for the installation or location outside the United States,
and in the amount, set forth in the following table:
Air Force: Outside the United States
------------------------------------------------------------------------
Installation or
Country Location Amount
------------------------------------------------------------------------
Qatar......................... Al Udeid............. $26,000,000
------------------------------------------------------------------------
SEC. 2302. FAMILY HOUSING AND IMPROVEMENTS TO MILITARY FAMILY
HOUSING UNITS.
(a) Family Housing.--Using amounts appropriated pursuant to
the authorization of appropriations in section 2303(a) and
available for military family housing functions as specified
in the funding table in section 4601, the Secretary of the
Air Force may carry out architectural and engineering
services and construction design activities with respect to
the construction or improvement of family housing units in an
amount not to exceed $2,969,000.
(b) Improvements to Military Family Housing Units.--Subject
to section 2825 of title 10, United States Code, and using
amounts appropriated pursuant to the authorization of
appropriations in section 2303(a) and available for military
family housing functions as specified in the funding table in
section 4601, the Secretary of the Air Force may improve
existing military family housing units in an amount not to
exceed $94,245,000.
SEC. 2303. AUTHORIZATION OF APPROPRIATIONS, AIR FORCE.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2020, for military construction, land
acquisition, and military family housing functions of the
Department of the Air Force, as specified in the funding
table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2301 may not exceed the total
amount authorized to be appropriated under subsection (a), as
specified in the funding table in section 4601.
SEC. 2304. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2018 PROJECT.
(a) Modification of Project Authority.--In the case of the
authorization contained in the table in section 2301(b) of
the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 1826) for Royal Air Force
Lakenheath, United Kingdom, for construction of a 2,384
square-meter Consolidated Corrosion Control Facility, as
specified in the funding table in section 4601 of such Act
(131 Stat. 2004), the Secretary of the Air Force may
construct a 2,700 square-meter Consolidated Corrosion Control
and Wash Rack Facility.
(b) Modification of Project Amounts.--
(1) Division b table.--The authorization table in section
2301(b) of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 131 Stat. 1826) is amended in
the item relating to Royal Air Force Lakenheath, United
Kingdom, by striking ``$136,992,000'' and inserting
``$172,292,000'' to reflect the project modification made by
subsection (a).
(2) Division d table.--The funding table in section 4601 of
the National Defense Authorization Act for Fiscal Year 2018
(Public Law 115-91; 131 Stat. 2004) is amended in the item
relating to Royal Air Force Lakenheath, Consolidated
Corrosion Control Facility, by striking ``$20,000'' in the
Conference Authorized column and inserting ``$55,300'' to
reflect the project modification made by subsection (a).
SEC. 2305. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2019 PROJECTS.
(a) Eielson Air Force Base, Alaska.--In the case of the
authorization contained in the table in section 2301(a) of
the National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 2246) for Eielson Air Force
Base, Alaska, for construction of a F-35 CATM Range, as
specified in the funding table in section 4601 of such Act
(132 Stat. 2404), the Secretary of the Air Force may
construct a 426 square-meter outdoor range with covered and
heated firing lines.
(b) Barksdale Air Force Base, Louisiana.--
(1) Modification of project authority.--In the case of the
authorization contained in table in section 2301(a) of the
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 2246) for Barksdale Air Force
Base, Louisiana, for construction of an Entrance Road and
Gate Complex the Secretary of the Air Force may construct a
190 square meter visitor control center, 44 square meter gate
house, 124 square meter privately owned vehicle inspection
facility, 338 square meter truck inspection facility and a 45
square meter gatehouse.
(2) Project conditions.--The military construction project
referred to in paragraph (1) shall be carried out consistent
with the Unified Facilities Criteria relating to Entry
Control Facilities and applicable construction guidelines of
the Department of the Air Force. Construction in a flood
plain is authorized, subject to the condition that the
Secretary of the Air Force include appropriate mitigation
measures.
(3) Modification of project amounts.--
(A) Division b table.--The authorization table in section
2301(a) of the National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 2246) is amended in
the item relating to Barksdale Air Force Base, Louisiana, by
striking ``$12,250,000'' and inserting ``$48,000,000'' to
reflect the project modification made by paragraph (1).
(B) Division d table.--The funding table in section 4601 of
the National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 2404) is amended in the item
relating to Barksdale Air Force Base, Louisiana, by striking
``$12,250'' in the Conference Authorized column and inserting
``$48,000'' to reflect the project modification made by
paragraph (1).
(c) Royal Air Force Lakenheath, United Kingdom.--In the
case of the authorization contained in the table in section
2301(b) of the National Defense Authorization Act for Fiscal
Year 2019 (Public Law 115-232; 132 Stat. 2247) for Royal Air
Force Lakenheath, United Kingdom, for construction of a 485
square-meter F-35A ADAL Conventional Munitions MX, as
specified in the funding table of section 4601 of such Act
(132 Stat. 2405), the Secretary of the Air Force may
construct a 1,206 square-meter maintenance facility for such
purpose.
(d) Force Protection and Safety.--The funding table in
section 4601 of the National Defense Authorization Act for
Fiscal Year 2019 (Public Law 115-232; 132 Stat. 2406) is
amended in the item relating to Force Protection and Safety
under Military Construction, Air Force, by striking
``$35,000'' in the Conference Authorized column and inserting
``$50,000'' to reflect amounts appropriated for such purpose.
SEC. 2306. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2020 PROJECTS.
(a) Tyndall Air Force Base, Florida.--In the case of the
authorizations contained in the table in section 2912(a) of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1913) for Tyndall Air Force
Base, Florida--
(1) for construction of an Auxiliary Ground Equipment
Facility, as specified in the funding table in section 4603
of such Act (133 Stat. 2103), the Secretary of the Air Force
may construct up to 4,770 square meters of aircraft support
equipment storage;
(2) for construction of Dorm Complex Phase 1, as specified
in such funding table, the Secretary of the Air Force may
construct up to 18,770 square meters of visiting quarters;
(3) for construction of Lodging Facilities Phase 1, as
specified in such funding table, the Secretary of the Air
Force may construct up to 12,471 meters of visiting quarters.
(4) for construction of an Operations Group/Maintenance
Group HQ at the installation, as specified in such funding
table, the Secretary of the Air Force may construct up to
3,420 square meters of headquarters;
(5) for construction of Ops/Aircraft Maintenance Unit/
Hangar number 2 and Ops/Aircraft Maintenance Unit/Hangar
number 3, as specified in such funding table, the Secretary
of the Air Force may construct 2,127 square meters of
squadron operations and 2,875 square meters of aircraft
maintenance unit for each project;
(6) for construction of a Security Forces Mobility Storage
Facility, as specified in such funding table, the Secretary
of the Air Force may construct up to 930 square meters of
equipment storage; and
(7) for construction of Site Development, Utilities, and
Demolition Phase 2, as specified in such funding table, the
Secretary of the Air Force may construct up to 7,000 meters
of storm water piping, box culverts, underground detention,
and grading for surface detention.
[[Page H3230]]
(b) Offutt Air Force Base, Nebraska.--In the case of the
authorizations contained in the table in section 2912(a) of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1913) for Offutt Air Force
Base, Nebraska--
(1) for construction of an Emergency Power Microgrid, as
specified in the funding table in section 4603 of such Act
(133 Stat. 2104), the Secretary of the Air Force may
construct seven 2.5-megawatt diesel engine generators, seven
diesel exhaust fluid systems, 15-kV switchgear, two import/
export inter-ties, five import-only inter-ties, and 800
square meters of switchgear facility;
(2) for construction of a Flightline Hangars Campus, as
specified in such funding table, the Secretary of the Air
Force may construct 445 square meter of petroleum operations
center, 268 square meters of de-icing liquid storage, and 173
square meters of warehouse; and
(3) for construction of a Lake Campus, as specified in such
funding table, the Secretary of the Air Force may construct
240 square meters of recreation complex and 270 square meters
of storage;
(4) for construction of a Logistics Readiness Squadron
Campus, as specified in such funding table, the Secretary of
the Air Force may construct 2,536 square meters of warehouse;
and
(5) for construction of a Security Campus, as specified in
such funding table, the Secretary of the Air Force may
construct 4,218 square meters of operations center and 1,343
square meters of military working dog kennel.
(c) Joint Base Langley-Eustis, Virginia.--In the case of
the authorization contained in the table in section 2912(a)
of the National Defense Authorization Act for Fiscal Year
2020 (Public Law 116-92; 133 Stat. 1913) for Joint Base
Langley-Eustis, Virginia, for construction of a Dormitory at
the installation, as specified in the funding table in
section 4603 of such Act (133 Stat. 2104), the Secretary of
the Air Force may construct up to 6,720 square meters of
dormitory.
SEC. 2307. TECHNICAL CORRECTIONS RELATED TO AUTHORITY TO
CARRY OUT CERTAIN FISCAL YEAR 2020 FAMILY
HOUSING PROJECTS.
(a) Authorization of Omitted Spangdahlem Air Base Family
Housing Project.--Using amounts appropriated pursuant to the
authorization of appropriations in section 2304(a) of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92; 133 Stat. 1869) and available for
military family housing functions, the Secretary of the Air
Force may carry out the military family housing project at
Spangdahlem Air Base, Germany, as specified in the funding
table in section 4601 of such Act (133 Stat. 2099).
(b) Correction of Amount Authorized for Family Housing
Improvements.--Section 2303 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92;
133 Stat. 1869) is amended by striking ``$53,584,000'' and
inserting ``$46,638,000'' to reflect the amount specified in
the funding table in section 4601 of such Act (133 Stat.
2099) for Construction Improvements under Family Housing
Construction, Air Force.
TITLE XXIV--DEFENSE AGENCIES MILITARY CONSTRUCTION
SEC. 2401. AUTHORIZED DEFENSE AGENCIES CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects
inside the United States as specified in the funding table in
section 4601, the Secretary of Defense may acquire real
property and carry out military construction projects for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
Defense Agencies: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama......................................... Anniston Army Depot........................ $18,000,000
Alaska.......................................... Fort Greely................................ $48,000,000
Arizona......................................... Fort Huachuca.............................. $33,728,000
Marine Corps Air Station Yuma.............. $49,500,000
California...................................... Beale Air Force Base....................... $22,800,000
Colorado........................................ Fort Carson................................ $15,600,000
CONUS Unspecified............................... CONUS Unspecified.......................... $14,400,000
Florida......................................... Hurlburt Field............................. $83,120,000
Kentucky........................................ Fort Knox.................................. $69,310,000
New Mexico...................................... Kirtland Air Force Base.................... $46,600,000
North Carolina................................. Fort Bragg................................. $113,800,000
Ohio............................................ Wright-Patterson Air Force Base............ $23,500,000
Texas........................................... Fort Hood.................................. $32,700,000
Virginia........................................ Joint Expeditionary Base Little Creek-Story $112,500,000
Washington...................................... Joint Base Lewis-McChord................... $21,800,000
Navy Fuel Depot Manchester................. $82,000,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for military construction projects
outside the United States as specified in the funding table
in section 4601, the Secretary of Defense may acquire real
property and carry out military construction projects for the
installation or location outside the United States, and in
the amount, set forth in the following table:
Defense Agencies: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Japan........................................... Defense Fuel Support Point Tsurumi........ $49,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2402. AUTHORIZED ENERGY RESILIENCE AND CONSERVATION
INVESTMENT PROGRAM PROJECTS.
(a) Inside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for energy conservation projects as
specified in the funding table in section 4601, the Secretary
of Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, for the
installations or locations inside the United States, and in
the amounts, set forth in the following table:
ERCIP Projects: Inside the United States
----------------------------------------------------------------------------------------------------------------
State Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama...................................... Fort Rucker................................... $24,000,000
Arkansas..................................... Ebbing Air National Guard Base................ $2,600,000
California................................... Marine Corps Air Ground Combat Center $11,646,000
Twentynine Palms.............................
Military Ocean Terminal Concord............... $29,000,000
Naval Support Activity Monterey............... $10,540,000
Naval Air Weapons Station China Lake.......... $8,950,000
District of Columbia........................ Joint Base Anacostia-Bolling.................. $44,313,000
Georgia...................................... Fort Benning.................................. $17,000,000
Maryland..................................... Naval Support Activity Bethesda............... $13,840,000
Naval Support Activity South Potomac.......... $18,460,000
Missouri..................................... Whiteman Air Force Base....................... $17,310,000
Nevada....................................... Creech Air Force Base......................... $32,000,000
North Carolina............................... Fort Bragg.................................... $6,100,000
Ohio......................................... Wright-Patterson Air Force Base............... $35,000,000
[[Page H3231]]
Tennessee.................................... Memphis Air National Guard Base............... $4,780,000
Virginia..................................... Naval Medical Center Portsmouth............... $611,000
Surface Combat Systems Center Wallops Island.. $9,100,000
----------------------------------------------------------------------------------------------------------------
(b) Outside the United States.--Using amounts appropriated
pursuant to the authorization of appropriations in section
2403(a) and available for energy conservation projects as
specified in the funding table in section 4601, the Secretary
of Defense may carry out energy conservation projects under
chapter 173 of title 10, United States Code, for the
installation or location outside the United States, and in
the amount, set forth in the following table:
ERCIP Projects: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Installation or Location Amount
----------------------------------------------------------------------------------------------------------------
Italy........................................ Naval Support Activity Naples................. $3,490,000
----------------------------------------------------------------------------------------------------------------
SEC. 2403. AUTHORIZATION OF APPROPRIATIONS, DEFENSE AGENCIES.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated for fiscal years beginning
after September 30, 2020, for military construction, land
acquisition, and military family housing functions of the
Department of Defense (other than the military departments),
as specified in the funding table in section 4601.
(b) Limitation on Total Cost of Construction Projects.--
Notwithstanding the cost variations authorized by section
2853 of title 10, United States Code, and any other cost
variation authorized by law, the total cost of all projects
carried out under section 2401 of this Act may not exceed the
total amount authorized to be appropriated under subsection
(a), as specified in the funding table in section 4601.
SEC. 2404. MILITARY CONSTRUCTION INFRASTRUCTURE AND WEAPON
SYSTEM SYNCHRONIZATION FOR GROUND BASED
STRATEGIC DETERRENT.
(a) Authorization for Planning and Design.--Of the amounts
authorized to be appropriated for research, development,
test, and evaluation, Air Force, for fiscal year 2021, for
the Ground Based Strategic Deterrent, as specified in the
funding table in section 4201, the Secretary of the Air Force
may use not more than $15,000,000 for the purpose of
obtaining or carrying out necessary planning and construction
design in connection with military construction projects and
other infrastructure projects necessary to support the
development and fielding of the Ground Based Strategic
Deterrent weapon system.
(b) Air Force Project Management and Supervision.--Each
contract entered into by the United States for a military
construction project or other infrastructure project in
connection with the development and fielding of the Ground
Based Strategic Deterrence weapon system shall be carried out
under the direction and supervision of the Secretary of the
Air Force. The Secretary may utilize and consult with the Air
Force Civil Engineer Center, the Army Corps of Engineers, and
the Naval Facilities Engineering Command for subject matter
expertise, contracting capacity, and other support as
determined to be necessary by the Secretary to carry out this
section.
(c) Use of Single Prime Contractor.--The Secretary of the
Air Force may award contracts for planning and construction
design and for military construction projects and other
infrastructure projects authorized by law in connection with
the development and fielding of the Ground Based Strategic
Deterrent weapon system to a single prime contractor if the
Secretary determines that awarding the contracts to a single
prime contractor--
(1) is in the best interest of the Government; and
(2) is necessary to ensure the proper synchronization and
execution of work related to the development and fielding of
the Ground Based Strategic Deterrent weapon system and its
associated military construction projects and other
infrastructure projects.
(d) Exceptions to Current Law.--The Secretary of the Air
Force may carry out this section without regard to the
following provisions of law:
(1) Section 2304 of title 10, United States Code.
(2) Section 2807(a) of such title.
(3) Section 2851(a) of such title.
(e) Expiration of Authority.--The authorities provided by
this section shall expire upon the earlier of the following:
(1) The date that is 15 years after the date of the
enactment of this Act.
(2) The date on which the Secretary of the Air Force
submits to the congressional defense committees a
certification that the fielding of the Ground Based Strategic
Deterrent weapon system is complete.
(f) Report Required.--Not later than one year after the
date of the enactment of this Act, the Secretary of the Air
Force shall submit to the congressional defense committees a
report describing the plans to synchronize the development
and fielding of the Ground Based Strategic Deterrent weapon
system and its associated military construction projects and
other infrastructure projects. The report shall contain, at
minimum, the following elements:
(1) A description of the estimated total cost, scope of
work, location, and schedule for the planning and design,
military construction, and other infrastructure investments
necessary to support the development and fielding of the
Ground Based Strategic Deterrent weapon system.
(2) A recommendation regarding the methods by which a
programmatic military construction authorization,
authorization of appropriations, and appropriation, on an
installation-by-installation basis, could be used to support
the synchronized development and fielding of the Ground Based
Strategic Deterrent and its associated military construction
projects and other infrastructure projects.
(3) Identification of the specific provisions of law, if
any, that the Secretary determines may adversely impact or
delay the development and fielding of the Ground Based
Strategic Deterrent weapon system and its associated
construction projects, assuming, as described in paragraph
(2), the use of a programmatic military construction
authorization on an installation-by-installation basis.
(4) A plan to ensure sufficient capability and capacity to
cover civilian and military manning for oversight and
contract management related to the development and fielding
of the Ground Based Strategic Deterrent weapon system and its
associated construction projects.
TITLE XXV--INTERNATIONAL PROGRAMS
Subtitle A--North Atlantic Treaty Organization Security Investment
Program
SEC. 2501. AUTHORIZED NATO CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of Defense may make contributions for the
North Atlantic Treaty Organization Security Investment
Program as provided in section 2806 of title 10, United
States Code, in an amount not to exceed the sum of the amount
authorized to be appropriated for this purpose in section
2502 and the amount collected from the North Atlantic Treaty
Organization as a result of construction previously financed
by the United States.
SEC. 2502. AUTHORIZATION OF APPROPRIATIONS, NATO.
(a) Authorization.--Funds are hereby authorized to be
appropriated for fiscal years beginning after September 30,
2020, for contributions by the Secretary of Defense under
section 2806 of title 10, United States Code, for the share
of the United States of the cost of projects for the North
Atlantic Treaty Organization Security Investment Program
authorized by section 2501 as specified in the funding table
in section 4601.
(b) Authority to Carry Out Project and Recognize NATO
Authorization Amounts as Budgetary Resources for Project
Execution.--When the United States is designated as the Host
Nation for the purposes of executing a project under the NATO
Security Investment Program (NSIP), the Department of Defense
construction agent may carry out the project and recognize
the NATO project authorization amounts as budgetary resources
to incur obligations for the purposes of executing the NSIP
project.
Subtitle B--Host Country In-Kind Contributions
SEC. 2511. REPUBLIC OF KOREA FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the Republic of Korea for
required in-kind contributions, the Secretary of Defense may
accept military construction projects for the installations
or locations in the Republic of Korea, and in the amounts,
set forth in the following table:
Republic of Korea Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Component Installation or Location Project Amount
----------------------------------------------------------------------------------------------------------------
Army................................... Camp Carroll.............. Site Development............. $49,000,000
Army................................... Camp Humphreys............ Attack Reconnaissance $99,000,000
Battalion Hangar............
[[Page H3232]]
Army................................... Camp Humphreys............ Hot Refuel Point............. $35,000,000
Navy................................... COMROKFLT Naval Base, Maritime Operations Center... $26,000,000
Busan....................
Air Force.............................. Daegu Air Base............ AGE Facility and Parking $14,000,000
Apron.......................
Air Force.............................. Kunsan Air Base........... Backup Generator Plant....... $19,000,000
Air Force.............................. Osan Air Base............ Aircraft Corrosion Control $12,000,000
Facility (Phase 3)..........
Air Force.............................. Osan Air Base............. Child Development Center..... $20,000,000
Air Force.............................. Osan Air Base............. Munitions Storage Area Delta $84,000,000
(Phase 1)...................
Defense-Wide........................... Camp Humphreys............ Elementary School............ $58,000,000
----------------------------------------------------------------------------------------------------------------
SEC. 2512. STATE OF QATAR FUNDED CONSTRUCTION PROJECTS.
Pursuant to agreement with the State of Qatar for required
in-kind contributions, the Secretary of Defense may accept
military construction projects for Al Udeid Air Base in the
State of Qatar, and in the amounts, set forth in the
following table:
State of Qatar Funded Construction Projects
----------------------------------------------------------------------------------------------------------------
Component Installation Project Amount
----------------------------------------------------------------------------------------------------------------
Air Force.............................. Al Udeid.................. Billet (A12)................. $63,000,000
Billet (BI2)................. $63,000,000
Billet (D l 0)............... $77,000,000
Billet (009)................. $77,000,000
Billet (007)................. $77,000,000
Armory/Mount................. $7,200,000
Billet (A06)................. $77,000,000
Dining Facility.............. $14,600,000
Billet (BOS)................. $77,000,000
Billet (B04)................. $77,000,000
Billet (A04)................. $77,000,000
Billet (AOS)................. $77,000,000
Dining Facility.............. $14,600,000
MSG (Base Operations Support $9,300,000
Facility)...................
ITN (Communications Facility) $3,500,000
----------------------------------------------------------------------------------------------------------------
TITLE XXVI--GUARD AND RESERVE FORCES FACILITIES
SEC. 2601. AUTHORIZED ARMY NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
Army National Guard locations inside the United States, and
in the amounts, set forth in the following table:
Army National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Arizona..................................... National Guard Armory Tucson..................... $18,100,000
Colorado.................................... Peterson Air Force Base.......................... $15,000,000
Indiana..................................... Army Aviation Support Facility Shelbyville....... $12,000,000
Kentucky.................................... Boone National Guard Center Frankfort............ $15,000,000
Mississippi................................. National Guard Armory Brandon.................... $10,400,000
Nebraska.................................... National Guard Armory North Platte............... $9,300,000
New Jersey.................................. Joint Base McGuire-Dix-Lakehurst................. $15,000,000
Ohio........................................ Beightler Armory Columbus........................ $15,000,000
Oregon...................................... Hermiston National Guard Armory.................. $25,035,000
Puerto Rico................................. Fort Allen....................................... $37,000,000
South Carolina.............................. Joint Base Charleston............................ $15,000,000
Tennessee................................... National Guard Armory McMinnville................ $11,200,000
Texas....................................... National Guard Readiness Center Fort Worth....... $13,800,000
Utah........................................ National Guard Armory Nephi...................... $12,000,000
Virgin Islands.............................. LTC Lionel A. Jackson Armory St. Croix........... $39,400,000
Wisconsin................................... National Guard Armory Appleton................... $11,600,000
----------------------------------------------------------------------------------------------------------------
SEC. 2602. AUTHORIZED ARMY RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Army may acquire real
property and carry out military construction projects for the
Army Reserve locations inside the United States, and in the
amounts, set forth in the following table:
Army Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Florida....................................... Reserve Center Gainesville..................... $36,000,000
Massachusetts................................. Devens Reserve Forces Training Area............ $8,700,000
North Carolina................................ Reserve Center Asheville....................... $24,000,000
Wisconsin..................................... Fort McCoy..................................... $14,600,000
----------------------------------------------------------------------------------------------------------------
[[Page H3233]]
SEC. 2603. AUTHORIZED NAVY RESERVE AND MARINE CORPS RESERVE
CONSTRUCTION AND LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Navy may acquire real
property and carry out the military construction projects for
the Navy Reserve and Marine Corps Reserve locations inside
the United States, and in the amounts, set forth in the
following table:
Navy Reserve and Marine Corps Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Maryland........................................ Reserve Training Center, Camp Fretterd $39,500,000
Reisterstown..............................
Utah............................................ Hill Air Force Base........................ $25,010,000
----------------------------------------------------------------------------------------------------------------
SEC. 2604. AUTHORIZED AIR NATIONAL GUARD CONSTRUCTION AND
LAND ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
Air National Guard locations inside the United States, and in
the amounts, set forth in the following table:
Air National Guard
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Alabama......................................... Montgomery Regional Airport Air National $11,600,000
Guard Base................................
Guam............................................ Joint Region Marianas...................... $20,000,000
Maryland........................................ Joint Base Andrews......................... $9,400,000
Texas........................................... Joint Base San Antonio..................... $10,800,000
----------------------------------------------------------------------------------------------------------------
SEC. 2605. AUTHORIZED AIR FORCE RESERVE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
Using amounts appropriated pursuant to the authorization of
appropriations in section 2606 and available for the National
Guard and Reserve as specified in the funding table in
section 4601, the Secretary of the Air Force may acquire real
property and carry out military construction projects for the
Air Force Reserve location inside the United States, and in
the amount, set forth in the following table:
Air Force Reserve
----------------------------------------------------------------------------------------------------------------
State Location Amount
----------------------------------------------------------------------------------------------------------------
Texas......................................... Naval Air Station Joint Reserve Base Fort Worth $14,200,000
----------------------------------------------------------------------------------------------------------------
SEC. 2606. AUTHORIZATION OF APPROPRIATIONS, NATIONAL GUARD
AND RESERVE.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2020, for the costs of
acquisition, architectural and engineering services, and
construction of facilities for the Guard and Reserve Forces,
and for contributions therefor, under chapter 1803 of title
10, United States Code (including the cost of acquisition of
land for those facilities), as specified in the funding table
in section 4601.
SEC. 2607. MODIFICATION OF AUTHORITY TO CARRY OUT CERTAIN
FISCAL YEAR 2020 PROJECT.
In the case of the authorization contained in the table in
section 2601 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1875) for
Anniston Army Depot, Alabama, for construction of an Enlisted
Transient Barracks, as specified in the funding table in
section 4601 of such Act (133 Stat. 2096), the Secretary of
the Army may carry out the project at Fort McClellan,
Alabama.
TITLE XXVII--BASE REALIGNMENT AND CLOSURE ACTIVITIES
SEC. 2701. AUTHORIZATION OF APPROPRIATIONS FOR BASE
REALIGNMENT AND CLOSURE ACTIVITIES FUNDED
THROUGH DEPARTMENT OF DEFENSE BASE CLOSURE
ACCOUNT.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2020, for base
realignment and closure activities, including real property
acquisition and military construction projects, as authorized
by the Defense Base Closure and Realignment Act of 1990 (part
A of title XXIX of Public Law 101-510; 10 U.S.C. 2687 note)
and funded through the Department of Defense Base Closure
Account established by section 2906 of such Act (as amended
by section 2711 of the Military Construction Authorization
Act for Fiscal Year 2013 (division B of Public Law 112-239;
126 Stat. 2140)), as specified in the funding table in
section 4601.
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.
(a) Limitation on Amount of Funds Available for National
Emergency.--Section 2808 of title 10, United States Code, is
amended--
(1) by redesignating subsections (b) and (c) as subsections
(e) and (f), respectively; and
(2) by inserting after subsection (a) the following new
subsection:
``(c) Limitation on Amount of Funds Available for National
Emergency.--(1) Except as provided in paragraph (2), in the
event of a declaration by the President of a national
emergency in which the construction authority described in
subsection (a) is used, the total cost of all military
construction projects undertaken using that authority during
the national emergency may not exceed $500,000,000.
``(2) In the event of a national emergency declaration in
which the construction authority described in subsection (a)
will be used only within the United States, the total cost of
all military construction projects undertaken using that
authority during the national emergency may not exceed
$100,000,000.''.
(b) Additional Conditions on Source of Funds.--Section
2808(a) of title 10, United States Code, is amended by
striking the second sentence and inserting the following new
subsection:
``(b) Conditions on Sources of Funds.--A military
construction project to be undertaken using the construction
authority described in subsection (a) may be undertaken only
within the total amount of funds that have been appropriated
for military construction, including funds appropriated for
family housing, that--
``(1) remain unobligated as of the date on which the first
contract would be entered into in connection with that
military construction project undertaken using such
authority; and
``(2) are available because the military construction
project for which the funds were appropriated--
``(A) has been canceled; or
``(B) has reduced costs as a result of project
modifications or other cost savings.''.
(c) Waiver of Other Provisions of Law.--Section 2808 of
title 10, United States Code, is amended by inserting after
subsection (c), as added by subsection (a), the following new
subsection:
``(d) Waiver of Other Provisions of Law in Event of
National Emergency.--In the event of a declaration by the
President of a national emergency in which the construction
authority described in subsection (a) is used, the authority
provided by such subsection to waive or disregard another
provision of law that would otherwise apply to a military
construction project authorized by this section may be used
only if--
``(1) such other provision of law does not provide a means
by which compliance with the requirements of the law may be
waived, modified, or expedited; and
``(2) the Secretary of Defense determines that the nature
of the national emergency necessitates the noncompliance with
the requirements of the law.''.
(d) Additional Notification Requirements.--Subsection (e)
of section 2808 of title 10, United States Code, as
redesignated by subsection (a)(1), is amended--
(1) by striking ``of the decision'' and all that follows
through the end of the subsection and inserting the
following: ``of the following:
``(A) The reasons for the decision to use the construction
authority described in subsection (a), including, in the
event of a declaration by the President of a national
emergency, the reasons why use of the armed forces is
required in response to the declared national emergency.
[[Page H3234]]
``(B) The construction projects to be undertaken using the
construction authority described in subsection (a),
including, in the event of a declaration by the President of
a national emergency, an explanation of how each construction
project directly supports the immediate security, logistical,
or short-term housing and ancillary supporting facility needs
of the members of the armed forces used in the national
emergency.
``(C) The estimated cost of the construction projects to be
undertaken using the construction authority described in
subsection (a), including the cost of any real estate action
pertaining to the construction projects, and certification of
compliance with the funding conditions imposed by subsections
(b) and (c).
``(D) Any determination made pursuant to subsection (d)(2)
to waive or disregard another provision of law to undertake
any construction project using the construction authority
described in subsection (a).
``(E) The military construction projects, including any
military family housing and ancillary supporting facility
projects, whose cancellation, modification, or other cost
savings result in funds being available to undertake
construction projects using the construction authority
described in subsection (a) and the possible impact of the
cancellation or modification of such military construction
projects on military readiness and the quality of life of
members of the armed forces and their dependents.''; and
(2) by adding at the end the following new paragraph:
``(2) In the event of a declaration by the President of a
national emergency in which the construction authority
described in subsection (a) is used, a construction project
to be undertaken using such construction authority may be
carried out only after the end of the five-day period
beginning on the date the notification required by paragraph
(1) is received by the appropriate committees of Congress.''.
(e) Clerical Amendments.--Section 2808 of title 10, United
States Code, is further amended--
(1) in subsection (a), by inserting ``Construction
Authorized.--'' after ``(a)'';
(2) in subsection (e), as redesignated by subsection
(a)(1), by inserting ``Notification Requirement.--(1)'' after
``(e)''; and
(3) in subsection (f), as redesignated by subsection
(a)(1), by inserting ``Termination of Authority.--'' after
``(f)''.
(f) Exception for Pandemic Mitigation and Response
Projects.--Subsections (b), (c), (d) of section 2808 of title
10, United States Code, as added by this section, shall not
apply to a military construction project commenced under the
authority of subsection (a) of such section 2808 during the
emergency period described in section 1135(g)(1)(B) of the
Social Security Act (42 U.S.C. 1320b-5(g)(1)(B)) if the
Secretary of Defense determines that the military
construction project will directly support pandemic
mitigation and response efforts of health care providers or
support members of the Armed Forces directly participating in
such pandemic mitigation and response efforts. Subsection (e)
of section 2808 of title 10, United States Code, as
redesignated by subsection (a)(1) and amended by subsection
(d) of this section, shall still apply to any such military
construction project.
SEC. 2802. EXTENSION OF SUNSET FOR ANNUAL LOCALITY ADJUSTMENT
OF DOLLAR THRESHOLDS APPLICABLE TO UNSPECIFIED
MINOR MILITARY CONSTRUCTION AUTHORITIES.
Section 2805(f)(3) of title 10, United States Code, is
amended by striking ``2022'' and inserting ``2027''.
SEC. 2803. MODIFICATION OF REPORTING REQUIREMENT REGARDING
COST INCREASES ASSOCIATED WITH CERTAIN MILITARY
CONSTRUCTION PROJECTS AND MILITARY FAMILY
HOUSING PROJECTS.
(a) Elimination of Submission to Comptroller General.--
Section 2853(f) of title 10, United States Code, is amended--
(1) in paragraphs (1) and (3), by striking ``and the
Comptroller General of the United States''; and
(2) by striking paragraph (6).
(b) Synchronization of Notification Requirements.--Section
2853(c)(1) of title 10, United States Code, is amended by
inserting after ``cost increase'' in the matter preceding
subparagraph (A) the following: ``(subject to subsection
(f))''.
SEC. 2804. EXPANSION OF DEPARTMENT OF DEFENSE LAND EXCHANGE
AUTHORITY.
(a) Additional Purposes Authorized.--Paragraph (1) of
section 2869(a) of title 10, United States Code, is amended
by striking ``the real property, to transfer'' and all that
follows through the end of the paragraph and inserting the
following: ``the real property--
``(A) to transfer to the United States all right, title,
and interest of the person in and to a parcel of real
property, including any improvements thereon under the
person's control;
``(B) to carry out a land acquisition, including the
acquisition of all right, title, and interest or a lesser
interest in real property under an agreement entered into
under section 2684a of this title to limit encroachments and
other constraints on military training, testing, and
operations; or
``(C) to provide installation-support services (as defined
in 2679(e) of this title), a replacement facility, or
improvements to an existing facility, as agreed upon between
the Secretary concerned and the person.''.
(b) Requirements for Acceptance of Replacement
Facilities.--Section 2869(a) of title 10, United States Code,
is further amended by adding at the end the following new
paragraph:
``(3) The Secretary concerned may agree to accept a
replacement facility or improvements to an existing facility
under paragraph (1)(C) only if the Secretary concerned
determines that the replacement facility or improvements--
``(A) are completed and usable, fully functional, and ready
for occupancy;
``(B) satisfy all operational requirements; and
``(C) meet all Federal, State, and local requirements
applicable to the facility relating to health, safety, and
the environment.''.
(c) Fair Market Value Requirement.--Section 2869(b)(1) of
title 10, United States Code, is amended--
(1) in the first sentence, by striking ``of the land to
be'' and inserting ``of the real property, installation-
support services, replacement facility, or improvements to an
existing facility''; and
(2) in the second sentence, by striking ``of the land is
less than the fair market value of the real property to be
conveyed'' and inserting ``of the real property conveyed by
the Secretary concerned exceeds the fair market value of the
real property, installation-support services, replacement
facility, or improvements received by the Secretary''.
(d) Relation to Other Military Construction Requirements.--
Section 2869 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(h) Relation to Other Military Construction
Requirements.--The acquisition of real property or an
interest therein, a replacement facility, or improvements to
an existing facility using the authority provided by this
section shall not be treated as a military construction
project for which an authorization is required by section
2802 of this title.''.
(e) Delayed Implementation of Amendments.--The amendments
made by this section shall take effect on the date of the
enactment of this Act, but the Secretary concerned (as
defined in section 2801(c)(5) of title 10, United States
Code) may not enter into any real estate transaction
authorized by such amendments until after the date on which
the Secretary of Defense issues final regulations providing
for the implementation of such amendments by the Department
of Defense.
SEC. 2805. CONGRESSIONAL PROJECT AUTHORIZATION REQUIRED FOR
MILITARY CONSTRUCTION PROJECTS FOR ENERGY
RESILIENCE, ENERGY SECURITY, AND ENERGY
CONSERVATION.
(a) Replacement of Notice and Wait Authority.--Section 2914
of title 10, United States Code, is amended to read as
follows:
``Sec. 2914. Military construction projects for energy
resilience, energy security, and energy conservation
``(a) Project Authorization Required.--The Secretary of
Defense may carry out such military construction projects for
energy resilience, energy security, and energy conservation
as are authorized by law, using funds appropriated or
otherwise made available for that purpose.
``(b) Submission of Project Proposals.--(1) As part of the
Department of Defense Form 1391 submitted to the appropriate
committees of Congress for a military construction project
covered by subsection (a), the Secretary of Defense shall
include the following information:
``(A) The project title.
``(B) The location of the project.
``(C) A brief description of the scope of work.
``(D) The original project cost estimate and the current
working cost estimate, if different.
``(E) Such other information as the Secretary considers
appropriate.
``(2) In the case of a military construction project for
energy conservation, the Secretary also shall include the
following information:
``(A) The original expected savings-to-investment ratio and
simple payback estimates and measurement and verification
cost estimate.
``(B) The most current expected savings-to-investment ratio
and simple payback estimates and measurement and verification
plan and costs.
``(C) A brief description of the measurement and
verification plan and planned funding source.
``(3) In the case of a military construction project for
energy resilience or energy security, the Secretary also
shall include the rationale for how the project would enhance
mission assurance, support mission critical functions, and
address known vulnerabilities.''.
(b) Clerical Amendment.--The table of sections at the
beginning of subchapter I of chapter 173 of title 10, United
States Code, is amended by striking the item relating to
section 2914 and inserting the following new item:
``2914. 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.
(a) Extension of Authority.--Subsection (h) of section 2808
of the Military Construction Authorization Act for Fiscal
Year 2004 (division B of Public Law 108-136; 117 Stat. 1723),
as most recently amended by section 2807(a) of the Military
Construction Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 2264), is further amended--
(1) in paragraph (1), by striking ``December 31, 2020'' and
inserting ``December 31, 2021''; and
(2) paragraph (2), by striking ``fiscal year 2021'' and
inserting ``fiscal year 2022''.
(b) Continuation of Limitation on Use of Authority.--
Subsection (c) of section 2808 of
[[Page H3235]]
the Military Construction Authorization Act for Fiscal Year
2004 (division B of Public Law 108-136; 117 Stat. 1723), as
most recently amended by section 2807(b) of the Military
Construction Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 2264), is further amended--
(1) by striking ``either'' and inserting ``each''; and
(2) by inserting after the first paragraph (2) the
following new subparagraph:
``(C) The period beginning October 1, 2020, and ending on
the earlier of December 31, 2021, or the date of the
enactment of an Act authorizing funds for military activities
of the Department of Defense for fiscal year 2022.''.
(c) Technical Corrections.--Subsection (c) of section 2808
of the Military Construction Authorization Act for Fiscal
Year 2004 (division B of Public Law 108-136; 117 Stat. 1723),
as most recently amended by section 2807(b) of the Military
Construction Authorization Act for Fiscal Year 2019 (Public
Law 115-232; 132 Stat. 2264) and subsection (b) of this
section, is further amended--
(1) by redesignating the second paragraph (1) as
subparagraph (A); and
(2) by redesignating the first paragraph (2) as
subparagraph (B).
SEC. 2807. PILOT PROGRAM TO SUPPORT COMBATANT COMMAND
MILITARY CONSTRUCTION PRIORITIES.
(a) Pilot Program.--The Secretary of Defense shall conduct
a pilot program to evaluate the usefulness of reserving a
portion of the military construction funds of the military
departments to help the combatant commands satisfy their
military construction priorities in a timely manner.
(b) Location.--The Secretary of Defense shall conduct the
pilot program for the benefit of the United States Indo-
Pacific Command in the area of responsibility of the United
States Indo-Pacific Command.
(c) Required Investment.--For each fiscal year during which
the pilot program is conducted, the Secretary of Defense
shall reserve to carry out military construction projects
under the pilot program an amount equal to 10 percent of the
total amount authorized to be appropriated for military
construction projects by titles XXI, XXII, and XXIII of the
Military Construction Authorization Act for that fiscal year.
(d) Commencement and Duration.--
(1) Commencement.--The Secretary of Defense shall commence
the pilot program no later than October 1, 2023. The
Secretary may commence the pilot program as early as October
1, 2022, if the Secretary determines that compliance with the
reservation of funds requirement under subsection (c) is
practicable beginning with fiscal year 2023.
(2) Duration.--The pilot program shall be in effect for the
fiscal year in which the Secretary commences the pilot
program, as described in paragraph (1), and the subsequent
two fiscal years. Any construction commenced under the pilot
program before the expiration date may continue to
completion.
(e) Progress Report.--Not later than February 15 of the
final fiscal year of the pilot program, the Secretary of
Defense shall submit to the congressional defense committees
a report evaluating the success of the pilot program in
improving the timeliness of the United States Indo-Pacific
Command in achieving its military construction priorities.
The Secretary shall include in the report--
(1) an evaluation of the likely positive and negative
impacts were the pilot program extended or made permanent
and, if extended or made permanent, the likely positive and
negative impacts of expansion to cover all or additional
combatant commands; and
(2) the recommendations of the Secretary regarding whether
the pilot program should be extended or made permanent and
expanded.
SEC. 2808. BIANNUAL REPORT REGARDING MILITARY INSTALLATIONS
SUPPORTED BY DISASTER RELIEF APPROPRIATIONS.
(a) Report Required.--Biannually through September 30,
2025, both the Secretary of the Air Force and the Secretary
of the Navy shall submit to the relevant congressional
committees a report regarding the obligation and expenditure
at military installations under the jurisdiction of the
Secretary concerned of appropriations made available to the
Secretary concerned in title V of the Military Construction,
Veterans Affairs, and Related Agencies Appropriations Act,
2020 (division F of Public Law 116-94).
(b) Elements of Report.--Each report under subsection (a)
shall include for the period covered by the report the
following elements:
(1) The timeline for award of contracts for each military
construction project to be funded with appropriations
referred to in subsection (a).
(2) The status, including obligations and expenditures, of
each contract already awarded for such military construction
projects.
(3) An assessment of the contracting capacity of the
communities in the vicinity of such military installations to
support such contracts.
(4) The expectations that such local communities will be
required to address.
(c) Public Availability of Report.--The information in each
report specific to a particular military installation shall
be made available online using a public forum commonly used
in the locality in which the installation is located.
(d) Early Termination.--Notwithstanding the date specified
in subsection (a), the Secretary of the Air Force and the
Secretary of the Navy may terminate the reporting requirement
applicable to the Secretary concerned under such subsection
effective on the date on which the Secretary concerned
certifies to the relevant congressional committees that at
least 90 percent of the appropriations referred to in such
subsection and made available to the Secretary concerned have
been expended.
(e) Relevant Congressional Committees Defined.--In this
section, the term ``relevant congressional committees''
means--
(1) the Committee on Armed Services and the Subcommittee on
Military Construction, Veterans Affairs, and Related Agencies
of the Committee on Appropriations of the House of
Representatives; and
(2) the Committee on Armed Services and the Subcommittee on
Military Construction, Veterans Affairs, and Related Agencies
of the Senate.
Subtitle B--Military Family Housing Reforms
SEC. 2811. EXPENDITURE PRIORITIES IN USING DEPARTMENT OF
DEFENSE FAMILY HOUSING IMPROVEMENT FUND.
(a) In General.--Section 2883(d)(1) of title 10, United
States Code, is amended--
(1) by inserting ``(A)'' after ``(1)''; and
(2) by adding at the end the following new subparagraph:
``(B) The Secretary of Defense shall require that eligible
entities receiving amounts from the Department of Defense
Family Housing Improvement Fund prioritize the use of such
amounts for expenditures related to operating expenses, debt
payments, and asset recapitalization before other program
management-incentive fee expenditures.''.
(b) Effective Date.--The requirements set forth in
subparagraph (B) of section 2883(d)(1) of title 10, United
States Code, as added by subsection (a), shall apply to
appropriate legal documents entered into or renewed on or
after the date of the enactment of this Act between the
Secretary of a military department and a landlord regarding
privatized military housing. In this subsection, the terms
``landlord'' and ``privatized military housing'' have the
meanings given those terms in section 3001(a) of the Military
Construction Authorization Act for Fiscal Year 2020 (division
B of Public Law 116-92; 133 Stat. 1916; 10 U.S.C. 2821 note).
SEC. 2812. PROMULGATION OF GUIDANCE TO FACILITATE RETURN OF
MILITARY FAMILIES DISPLACED FROM PRIVATIZED
MILITARY HOUSING.
(a) Guidance Required.--The Secretary of Defense shall
promulgate guidance for commanders of military installations
and installation housing management offices to facilitate and
manage the return of tenants who are displaced from
privatized military housing--
(1) as a result of an environmental hazard or other damage
adversely affecting the habitability of the privatized
military housing; or
(2) during remediation or repair activities in response to
the hazard or damages.
(b) Availability of Reimbursement.--As part of the
guidance, the Secretary of Defense shall identify situations
in which a tenant of privatized military housing should be
reimbursed for losses to personal property of the tenant that
are not covered by insurance and are incurred by the tenant
in the situations described in subsection (a).
(c) Consultation.--The Secretary of Defense shall
promulgate the guidance in consultation with the Secretaries
of the military departments, the Chief Housing Officer,
landlords, and other interested persons.
(d) Implementation.--The Secretaries of the military
departments shall be responsible for ensuring the
implementation of the guidance at military installations
under the jurisdiction of the Secretary concerned.
(e) Definitions.--In this section, the terms ``landlord'',
``privatized military housing'', and ``tenant'' have the
meanings given those terms in section 3001(a) of the Military
Construction Authorization Act for Fiscal Year 2020 (division
B of Public Law 116-92; 133 Stat. 1916; 10 U.S.C. 2821 note).
SEC. 2813. PROMULGATION OF GUIDANCE ON MOLD MITIGATION IN
PRIVATIZED MILITARY HOUSING.
(a) Guidance Required.--The Secretary of Defense shall
establish a working group to promulgate guidance regarding
best practices for mold mitigation in privatized military
housing and for making the determination regarding when the
presence of mold in a unit of home privatized military
housing is an emergency situation requiring the relocation of
the residents of the unit.
(b) Members.--The working groups shall include the Surgeon
Generals of the Armed Forces and such other subject-matter
experts as the Secretary considers appropriate.
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.
(a) Uniform Code of Basic Standards for Military Housing.--
The Secretary of Defense shall expand the uniform code of
basic housing standards for safety, comfort, and habitability
for privatized military housing established pursuant to
section 3051(a) of the Military Construction Authorization
Act for Fiscal Year 2020 (division B of Public Law 116-92;
133 Stat. 1941; 10 U.S.C. 2871 note) to include Government-
owned and Government-controlled military family housing
located inside or outside the United States and occupied by
members of the Armed Forces.
(b) Inspection and Assessment Plan.--The Secretary of
Defense shall expand the Department of Defense housing
inspection and assessment plan prepared pursuant to section
3051(b) of the Military Construction Authorization Act for
Fiscal Year 2020 (division B of Public Law 116-92; 133 Stat.
1941; 10 U.S.C. 2871 note) to include Government-owned and
Government-controlled military family housing located inside
or outside the United States and occupied by members of the
Armed Forces and commence inspections and assessments of such
military family housing pursuant to the plan.
[[Page H3236]]
SEC. 2815. ESTABLISHMENT OF EXCEPTIONAL FAMILY MEMBER PROGRAM
HOUSING LIAISON.
(a) Establishment.--Not later than September 30, 2021, each
Secretary of a military department shall appoint at least one
Exceptional Family Member Program housing liaison for that
military department.
(b) Duties.--The duties of a Exceptional Family Member
Program housing liaison are to assist military families
enrolled in that Program, and who are disproportionally
housed in facilities under the Military Housing Privatization
Initiative, in obtaining cost-effective services needed by
such families.
SEC. 2816. DEPARTMENT OF DEFENSE REPORT ON CRITERIA AND
METRICS USED TO EVALUATE PERFORMANCE OF
LANDLORDS OF PRIVATIZED MILITARY HOUSING THAT
RECEIVE INCENTIVE FEES.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the Committees on Armed Services of the
Senate and the House of Representatives a report--
(1) describing the criteria and metrics currently used by
the Department of Defense to analyze the performance of
landlords that receive incentive fees; and
(2) evaluating the effectiveness of such criteria and
metrics in accurately judging the performance of such
landlords; and
(3) containing such recommendations as the Secretary
considers appropriate to revise such criteria and metrics to
better evaluate the performance of such landlords.
(b) Preparation of Report.--To prepare the report required
by subsection (a), the Secretary of Defense first shall
solicit the views of the Secretaries of the military
departments.
(c) Definitions.--In this section, the terms ``incentive
fees'' and ``landlord'' have the meanings given those terms
in paragraphs (9) and (10) of section 2871 of title 10,
United States Code.
SEC. 2817. REPORT ON DEPARTMENT OF DEFENSE EFFORTS REGARDING
OVERSIGHT AND ROLE IN MANAGEMENT OF PRIVATIZED
MILITARY HOUSING.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
Committees on Armed Services of the Senate and the House of
Representatives a report on the progress made by the
Department of Defense in implementing the recommendations
contained in the report of the Comptroller General regarding
military housing entitled ``DOD Needs to Strengthen Oversight
and Clarify Its Role in the Management of Privatized
Housing'' and dated March 2020 (GAO-20-281).
Subtitle C--Real Property and Facilities Administration
SEC. 2821. CODIFICATION OF REPORTING REQUIREMENTS REGARDING
UNITED STATES OVERSEAS MILITARY ENDURING
LOCATIONS AND CONTINGENCY LOCATIONS.
(a) Inclusion of Information in Existing Annual Report.--
Section 2687a(a) of title 10, United States Code, is
amended--
(1) in the subsection heading, by striking ``Master Plans''
and inserting ``Overseas Military Locations'';
(2) in paragraph (1), by striking subparagraph (B) and
inserting the following new subparagraph:
``(B) overseas military locations, whether such a location
is designated as an enduring location or contingency
location.''; and
(3) by striking paragraph (2) and inserting the following
new paragraphs:
``(2) To satisfy the reporting requirement specified in
paragraph (1)(B), a report under paragraph (1) shall contain
the following:
``(A) A description of the strategic goal and operational
requirements supported by each overseas military location.
``(B) A summary of the terms of agreements for each
overseas military location, including--
``(i) the type of implementing agreement;
``(ii) any annual lease or access costs to the United
States under the agreement; and
``(iii) any limitation on United States military presence,
activities, or operations at the overseas military location.
``(C) A list of all infrastructure investments made at each
overseas military location during the previous fiscal year,
delineated by project location, project title or description,
cost of project, any amount paid by a host nation to cover
all or part of the project cost, and authority used to
undertake the project.
``(D) A list of all infrastructure requirements for each
overseas military location anticipated during the fiscal year
in which the report is submitted and the next four fiscal
years, delineated as described in subparagraph (C).
``(E) A list of any overseas military locations newly
established during the previous fiscal year.
``(F) A description of any plans to transition an existing
contingency overseas military location to an enduring
overseas military location or to upgrade or downgrade the
designation of an existing enduring or contingency overseas
military location during the fiscal year in which the report
is submitted or the next four fiscal years.
``(G) A list of any overseas military locations that,
during the previous fiscal year, were transferred to the
control of security forces of the host country or another
military force, closed, or for any other reason no longer
used by the armed forces, including a summary of any costs
associated with the transfer or closure of the overseas
military location.
``(H) A summary of the impact that the establishment or
maintenance of each overseas military location has on
security commitments undertaken by the United States pursuant
to any international security treaty or the current security
environments in the combatant commands, including United
States participation in theater security cooperation
activities and bilateral partnership, exchanges, and training
exercises.
``(I) A summary of any force protection risks identified
for each overseas military location, the actions proposed to
mitigate such risks, and the resourcing and implementation
plan to implement the mitigation actions.
``(J) An assessment of force protection measures by host
nations for each overseas military location and
recommendations to mitigate any potential risks identified.
``(K) Such other such matters related to overseas military
locations as the Secretary of Defense considers appropriate.
``(3)(A) In this subsection, the term `overseas military
location' covers both enduring locations and contingency
locations established outside the United States.
``(B) An enduring location is primarily characterized
either by the presence of permanently assigned United States
forces with robust infrastructure and quality of life
amenities to support that presence, by the sustained presence
of allocated United States forces with infrastructure and
quality of life amenities consistent with that presence, or
by the periodic presence of allocated U.S. forces with little
or no permanent United States military presence or controlled
infrastructure. Enduring locations include main operating
bases, forward operating sites, and cooperative security
locations.
``(C) A contingency location refers to a location outside
of the United States that is not covered by subparagraph (B),
but that is used by United States forces to support and
sustain operations during named and unnamed contingency
operations or other operations as directed by appropriate
authority and is categorized by mission life-cycle
requirements as initial, temporary, or semi-permanent.
``(4) The Secretary of Defense shall prepare the report
under paragraph (1) in coordination with the Under Secretary
of Defense for Policy and the Under Secretary of Defense for
Acquisition and Sustainment.
``(5) A report under paragraph (1) shall be submitted in
unclassified form, but may contain a classified annex as
necessary.''.
(b) Conforming and Clerical Amendments.--
(1) Conforming amendments.--Section 2687a(e)(2) of title
10, United States Code, is amended by striking ``host
nation'' both places it appears and inserting ``host
country''.
(2) Section heading.--The heading of section 2687a of title
10, United States Code, is amended to read as follows:
``Sec. 2687a. Overseas base closures and realignments and
status of United States overseas military locations''.
(3) Table of sections.--The table of sections at the
beginning of chapter 159 of title 10, United States Code, is
amended by striking the item relating to section 2687a and
inserting the following new item:
``2687a. Overseas base closures and realignments and status of United
States overseas military locations.''.
(c) Repeal of Superceded Reporting Requirement.--Section
2816 of the Military Construction Authorization Act for
Fiscal Year 2016 (division B of Public Law 114-92; 129 Stat.
1176) is repealed.
SEC. 2822. LIMITATIONS ON RENEWAL OF UTILITY PRIVATIZATION
CONTRACTS.
(a) Contract Renewal Authority.--Section 2688(d)(2) of
title 10, United States Code, is amended--
(1) by inserting ``(A)'' after ``(2)''; and
(2) by inserting after the first sentence the following new
subparagraph:
``(B) A longer-term contract entered into under the
authority of subparagraph (A) may be renewed in the manner
provided in such subparagraph, except that such a contract
renewal may only be awarded during the final five years of
the existing contract term.''.
(b) Conforming Amendments.--Section 2688(d)(2) of title 10,
United States Code, is further amended--
(1) by striking ``The determination of cost effectiveness''
and inserting the following:
``(C) A determination of cost effectiveness under this
paragraph''; and
(2) by striking ``the contract'' and inserting ``the
contract or contract renewal''.
SEC. 2823. VESTING EXERCISE OF DISCRETION WITH SERVICE
SECRETARIES REGARDING ENTERING INTO LONGER-TERM
CONTRACTS FOR UTILITY SERVICES.
Section 2688(d)(2) of title 10, United States Code, as
amended by section 2822, is further amended--
(1) by striking ``The Secretary of Defense, or the designee
of the Secretary,'' and inserting ``The Secretary
concerned''; and
(2) by striking ``if the Secretary'' and inserting ``if the
Secretary concerned''.
SEC. 2824. USE OF ON-SITE ENERGY PRODUCTION TO PROMOTE
MILITARY INSTALLATION ENERGY RESILIENCE AND
ENERGY SECURITY.
(a) Promotion of On-Site Energy Security and Energy
Resilience.--Section 2911 of title 10, United States Code, is
amended by adding at the end the following new subsection:
``(h) Promotion of On-Site Energy Security and Energy
Resilience.--(1) Consistent with the energy security and
resilience goals of the Department of Defense and the energy
performance master plan referred to in this section, the
Secretary concerned shall consider, when feasible, projects
for the production of installation energy that benefits
military readiness and promotes installation energy security
and energy resilience in the following manner:
``(A) Location of the energy-production infrastructure on
the military installation that will consume the energy.
[[Page H3237]]
``(B) Incorporation of energy resilience features, such as
microgrids, to ensure that energy remains available to the
installation even when the installation is not connected to
energy sources located off the installation.
``(C) Reduction in periodic refueling needs from sources
off the installation to not more than once every two years.
``(3) In this subsection, the term `microgrid' means an
integrated energy system consisting of interconnected loads
and energy resources that, if necessary, can be removed from
the local utility grid and function as an integrated, stand-
alone system.''.
(b) Evaluation of Feasibility of Expanding Use of On-site
Energy Production.--
(1) Projects authorized.--Subsection (h) of section 2911 of
title 10, United States Code, as added by subsection (a), is
amended by inserting after paragraph (1) the following new
paragraph:
``(2)(A) Using amounts made available for military
construction projects under section 2914 of this title, the
Secretary of Defense shall carry out at least four projects
to promote installation energy security and energy resilience
in the manner described in paragraph (1).
``(B) At least one project shall be designed to develop
technology that demonstrates the ability to connect an
existing on-site energy generation facility that uses solar
power with one or more installation facilities performing
critical missions in a manner that allows the generation
facility to continue to provide electrical power to these
facilities even if the installation is disconnected from the
commercial power supply.
``(C) At least one project shall be designed to develop
technology that demonstrates that one or more installation
facilities performing critical missions can be isolated, for
purposes of electrical power supply, from the remainder of
the installation and from the commercial power supply in a
manner that allows an on-site energy generation facility that
uses a renewable energy source, other than solar energy, to
provide the necessary power exclusively to these facilities.
``(D) At least two projects shall be designed to develop
technology that demonstrates the ability to store sufficient
electrical energy from an on-site energy generation facility
that uses a renewable energy source to provide the electrical
energy required to continue operation of installation
facilities performing critical missions during nighttime
operations.
``(E) The Secretary of Defense may not select as the site
of a project under this paragraph a military installation
that already has the ability to satisfy any of the project
requirements described in subparagraphs (B), (C), or (D).
``(F) The authority of the Secretary of Defense to commence
a project under this paragraph expires on September 30,
2025.''.
(2) Briefing.--Not later than March 1, 2021, the Secretary
of Defense shall brief the congressional defense committees
regarding the plan to carry out the on-site energy production
projects authorized by paragraph (2) of section 2911 of title
10, United States Code, as added by paragraph (1).
SEC. 2825. AVAILABILITY OF ENERGY RESILIENCE AND CONSERVATION
INVESTMENT PROGRAM FUNDS FOR CERTAIN ACTIVITIES
RELATED TO PRIVATIZED UTILITY SYSTEMS.
Section 2914(a) of title 10, United States Code, is
amended--
(1) by inserting ``(1)'' before ``The Secretary of
Defense''; and
(2) by adding at the end the following new paragraph:
``(2) For purposes of this section, a military construction
project is deemed to include activities related to utility
systems authorized under subsections (h), (j), and (k) of
section 2688 or section 2913 of this title, notwithstanding
that the United States does not own the utility system, and
energy-related activities included as a separate requirement
in an energy savings performance contract (as defined in
section 804(3) of the National Energy Conservation Policy Act
(42 U.S.C. 8287c(3))).''.
SEC. 2826. IMPROVING WATER MANAGEMENT AND SECURITY ON
MILITARY INSTALLATIONS.
(a) Risk-based Approach to Installation Water Management
and Security.--
(1) General requirement.--The Secretary concerned shall
adopt a risk-based approach to water management and security
for each military installation under the jurisdiction of the
Secretary.
(2) Implementation priorities.--The Secretary concerned
shall begin implementation of paragraph (1) by prioritizing
those military installations under the jurisdiction of the
Secretary that the Secretary determines--
(A) are experiencing the greatest risks to sustainable
water management and security; and
(B) face the most severe existing or potential adverse
impacts to mission assurance as a result of such risks.
(3) Determination method.--Determinations under paragraph
(2) shall be made on the basis of the water management and
security assessments made by the Secretary concerned under
subsection (b).
(b) Water Management and Security Assessments.--
(1) Assessment methodology.--The Secretaries concerned,
acting jointly, shall develop a methodology to assess risks
to sustainable water management and security and mission
assurance.
(2) Elements.--Required elements of the assessment
methodology shall include the following:
(A) An evaluation of the water sources and supply
connections for a military installation, including water flow
rate and extent of competition for the water sources.
(B) An evaluation of the age, condition, and jurisdictional
control of water infrastructure serving the military
installation.
(C) An evaluation of the military installation's water-
security risks related to drought-prone climates, impacts of
defense water usage on regional water demands, water quality,
and legal issues, such as water rights disputes.
(D) An evaluation of the resiliency of the military
installation's water supply and the overall health of the
aquifer basin of which the water supply is a part, including
the robustness of the resource, redundancy, and ability to
recover from disruption.
(E) An evaluation of existing water metering and
consumption at the military installation, considered at a
minimum--
(i) by type of installation activity, such as training,
maintenance, medical, housing, and grounds maintenance and
landscaping; and
(ii) by fluctuations in consumption, including peak
consumption by quarter.
(c) Evaluation of Installations for Potential Net Zero
Water Usage.--
(1) Evaluation required.--The Secretary concerned shall
conduct an evaluation of each military installation under the
jurisdiction of the Secretary to determine the potential for
the military installation, or at a minimum certain
installation activities, to achieve net zero water usage.
(2) Elements.--Required elements of each evaluation shall
include the following:
(A) An evaluation of alternative water sources to offset
use of freshwater, including water recycling and harvested
rainwater for use as non-potable water.
(B) An evaluation of the practicality of implementing
Department of Energy guidelines for net zero water usage,
when practicable to minimize water consumption and wastewater
discharge in buildings scheduled for renovation.
(C) An evaluation of the practicality of implementing net
zero water usage technology into new construction in water-
constrained areas, as determined by water management and
security assessments conducted under subsection (b).
(d) Improved Landscaping Management Practices.--
(1) Landscaping management.--The Secretary concerned shall
implement, to the maximum extent practicable, at each
military installation under the jurisdiction of the Secretary
landscaping management practices to increase water resilience
and ensure greater quantities of water availability for
operational, training, and maintenance requirements.
(2) Arid or semi-arid climates.--For military installations
located in arid or semi-arid climates, landscaping management
practices shall include the use of xeriscaping.
(3) Non-arid climates.--For military installations located
in arid or non-arid climates, landscaping management
practices shall include the use of plants common to the
region in which the installation is located and native
grasses and plants.
(4) Pollinator conservation reference guide.--The Secretary
concerned shall follow the recommendations of the Department
of Defense Pollinator Conservation Reference Guide (September
2018) to the maximum extent practicable in order to reduce
operation and maintenance costs related to landscaping
management, while improving area management. Consistent with
such guide, in the preparation of a military installation
landscaping plan, the Secretary concerned should consider the
following:
(A) Adding native flowering plants to sunny open areas and
removing overhanging tree limbs above open patches within
forested areas or dense shrub.
(B) Removing or controlling invasive plants to improve
pollinator habitat.
(C) Preserving known and potential pollinator nesting and
overwintering sites.
(D) Eliminating or minimizing pesticide use in pollinator
habitat areas.
(E) Mowing in late fall or winter after plants have bloomed
and set seed, adjusting timing to avoid vulnerable life
stages of special status pollinators.
(F) Mowing mid-day when adult pollinators can avoid mowing
equipment.
(e) Implementation Report.--
(1) Report required.--Not later than one year after the
date of the enactment of this Act, the Secretary of Defense,
in coordination with the other Secretaries concerned, shall
submit to the Committees on Armed Services of the Senate and
the House of Representatives a report on the progress made in
implementing this section.
(2) Report elements.--The report shall include the
following:
(A) The methodology developed under subsection (b) to
conduct water management and security assessments.
(B) A list of the military installations that have been
assessed using such methodology and a description of the
findings.
(C) A list of planned assessments for the one-year period
beginning on the date of the submission of the report.
(D) An evaluation of the progress made on implementation of
xeriscaping and other regionally appropriate landscaping
practices at military installations.
(f) Definitions.--In this section:
(1) The term ``net zero water usage'', with respect to a
military installation or installation activity, means a
situation in which the combination of limitations on the
consumption of water resources and the return of water to an
original water source by the installation or activity is
sufficient to prevent any reduction in the water resources of
the area in both quantity and quality over a reasonable
period of time.
(2) The terms ``Secretary concerned'' and ``Secretary''
mean the Secretary of a military department and the Secretary
of Defense with respect to the Pentagon Reservation.
(3) The term ``xeriscaping'' means landscape design that
emphasizes low water use and drought-tolerant plants that
require little or no supplemental irrigation.
[[Page H3238]]
SEC. 2827. PILOT PROGRAM TO TEST USE OF EMERGENCY DIESEL
GENERATORS IN A MICROGRID CONFIGURATION AT
CERTAIN MILITARY INSTALLATIONS.
(a) Pilot Program Authorized.--The Secretary of Defense may
conduct a pilot program (to be known as the Emergency Diesel
Generator Microgrid Program) to evaluate the feasibility and
cost effectiveness of connecting existing diesel generators
at a military installation selected pursuant to subsection
(c) to create and support one or more microgrid
configurations at the installation capable of providing full-
scale electrical power for the defense critical facilities
located at the installation during an emergency involving the
loss of external electric power supply caused by an extreme
weather condition, manmade intentional infrastructure damage,
or other circumstances.
(b) Goal of Pilot Program.--The goals of the Emergency
Diesel Generator Microgrid Program are--
(1) to test assumptions about lower operating and
maintenance costs, parts interchangeability, lower emissions,
lower fuel usage, increased resiliency, increased
reliability, and reduced need for emergency diesel
generators; and
(2) to establish design criteria that could be used to
build and sustain emergency diesel generator microgrids at
other military installations.
(c) Pilot Program Locations.--As the locations to conduct
the Emergency Diesel Generator Microgrid Program, the
Secretary of Defense shall select two major military
installations located in different geographical regions of
the United States that the Secretary determines--
(1) are defense critical electric infrastructure sites or
contain, or are served by, defense critical electric
infrastructure;
(2) contain more than one defense critical function for
national defense purposes and the mission assurance of such
critical defense facilities are paramount to maintaining
national defense and force projection capabilities at all
times; and
(3) face unique electric energy supply, delivery, and
distribution challenges that, based on the geographic
location of the installations and the overall physical size
of the installations, adversely impact rapid electric
infrastructure restoration after an interruption.
(d) Specifications of Diesel Generators and Microgrid.--
(1) Generator specifications.--The Secretary of Defense
shall use existing diesel generators that are sized >/= 750kW
output.
(2) Microgrid specifications.--The Secretary of Defense
shall create the microgrid using commercially available and
proven designs and technologies. The existing diesel
generators used for the microgrid should be spaced within 1.0
to 1.5 mile of each other and, using a dedicated underground
electric cable network, be tied into a microgrid
configuration sufficient to supply mission critical
facilities within the service area of the microgrid. A
selected military installation may contain more than one such
microgrid under the Emergency Diesel Generator Microgrid
Program.
(e) Program Authorities.--The Secretary of Defense may use
the authority under section 2914 of title 10, United States
Code (known as the Energy Resilience and Conservation
Investment Program) and energy savings performance contracts
to conduct the Emergency Diesel Generator Microgrid Program.
(f) Definitions.--For purposes of the Emergency Diesel
Generator Microgrid Program:
(1) The term ``defense critical electric infrastructure''
has the meaning given that term in section 215A of the
Federal Power Act (16 U.S.C. 824o-1).
(2) The term ``energy savings performance contract'' has
the meaning given that term in section 804(3) of the National
Energy Conservation Policy Act (42 U.S.C. 8287c(3)).
(3) The term ``existing diesel generators'' means diesel
generators located, as of the date of the enactment of this
Act, at a major military installation selected as a location
for the Emergency Diesel Generator Microgrid Program and
intended for emergency use.
(4) The term ``major military installation'' has the
meaning given that term in section 2864 of title 10, United
States Code.
SEC. 2828. IMPROVED ELECTRICAL METERING OF DEPARTMENT OF
DEFENSE INFRASTRUCTURE SUPPORTING CRITICAL
MISSIONS.
(a) Options to Improve Electrical Metering.--The Secretary
of Defense and the Secretaries of the military departments
shall improve the metering of electrical energy usage of
covered defense structures to accurately determine energy
consumption by such a structure to increase energy efficiency
and improve energy resilience, using any combination of the
options specified in subsection (b) or such other methods as
the Secretary concerned considers practicable.
(b) Metering Options.--Electrical energy usage options to
be considered for a covered defense structure include the
following:
(1) Installation of a smart meter at the electric power
supply cable entry point of the covered defense structure,
with remote data storage and retrieval capability using
cellular communication, to provide historical energy usage
data on an hourly basis to accurately determine the optimum
cost effective energy efficiency and energy resilience
measures for the covered defense structure.
(2) Use of an energy usage audit firm to individually meter
the covered defense structure using clamp-on meters and data
storage to provide year-long electric energy load profile
data, particularly in the case of a covered defense structure
located in climates with highly variable use based on weather
or temperature changes to accurately identify electric energy
usage demand for both peak and off peak periods for a covered
defense structure.
(3) Manual collection and calculation of the connected load
via nameplate data survey of all the connected electrical
devices for the covered defense structure and comparing it to
the designed maximum rating of the incoming electric supply
to determine the maximum electrical load for the covered
defense structure.
(c) Consideration of Partnerships.--The Secretary of
Defense and the Secretaries of the military departments shall
consider the use of arrangements (known as public-private
partnerships) with appropriate entities outside the
Government to reduce the cost of carrying out this section.
(d) Definitions.--In this section:
(1) The term ``covered defense structure'' means any
infrastructure under the jurisdiction of the Department of
Defense inside the United States that the Secretary of
Defense or the Secretary of the military department concerned
determines--
(A) is used to support a critical mission of the
Department; and
(B) is located at a military installation with base-wide
resilient power.
(2) The term ``energy resilience'' has the meaning given
that term in section 101(e)(6) of title 10, United States
Code.
(e) Implementation Report.--As part of the Department of
Defense energy management report to be submitted under
section 2925 of title 10, United States Code, during fiscal
year 2022, the Secretary of Defense shall include information
on the progress being made to comply with the requirements of
this section.
SEC. 2829. RENAMING CERTAIN MILITARY INSTALLATIONS AND OTHER
DEFENSE PROPERTY.
(a) Definitions.--In this section:
(1) The term ``advisory panel'' means an advisory panel
established by the Secretary concerned to assist the
Secretary concerned in the renaming process required by this
section.
(2) The term ``covered defense property'' means any real
property, including any building, structure, or other
improvement to real property thereon, under the jurisdiction
of the Secretary concerned that is named after any person who
served in the political or military leadership of any armed
rebellion against the United States.
(3) The term ``covered military installation'' means a
military installation or reserve component facility that is
named after any person who served in the political or
military leadership of any armed rebellion against the United
States.
(4) The term ``identification report'' means the initial
report required by subsection (c) that identifies covered
military installations and covered defense property.
(5) The term ``military installation'' has the meaning
given that term in section 2801(c) of title 10, United States
Code.
(6) The term ``other improvement'' includes any library,
classroom, parade ground or athletic field, training range,
roadway, or similar physical feature.
(7) The term ``process report'' means the report required
by subsection (d) that describes the renaming process to be
used by the Secretary concerned.
(8) The term ``renaming report'' means the final report
required by subsection (f) that provides new names for
covered military installations and covered defense property.
(9) The term ``reserve component facility'' has the meaning
given the term ``facility'' in section 18232 of title 10,
United States Code, and covers those facilities for which
title is vested in the United States or for which the
Secretary of Defense contributed funds under section 18233(a)
of such title or former section 2233 of such title.
(10) The term ``Secretary concerned'' means the Secretary
of a military department and includes the Secretary of
Defense with respect to matters concerning the Defense
Agencies.
(b) Renaming Required; Deadline.--Not later than one year
after the date of the enactment of this Act, the Secretary
concerned shall--
(1) complete the renaming process required by this section;
and
(2) commence the renaming of each covered military
installation and covered defense property identified in the
renaming report pursuant to the guidance issued by the
Secretary concerned under subsection (f).
(c) Identification Report; Deadline.--Not later than 60
days after the date of the enactment of this Act, each
Secretary concerned shall submit to the congressional defense
committees a report that identifies each covered military
installation and all covered defense property under the
jurisdiction of the Secretary concerned that the Secretary
concerned determines satisfies the definitions given those
terms in subsection (a).
(d) Process Report; Deadline.--
(1) Report required.--Not later than 90 days after the date
of the enactment of this Act, each Secretary concerned shall
submit to the congressional defense committees a report
describing the process by which the Secretary concerned will
rename each covered military installation and covered defense
property identified in the renaming report prepared by the
Secretary concerned.
(2) Report elements.--At minimum, the process report shall
contain the following elements:
(A) A detailed description of the process to be used by the
Secretary concerned to develop a list of potential names for
renaming covered military installations and covered defense
property.
(B) An explanation regarding whether or not the Secretary
concerned established, or will establish, an advisory panel
to support the review process and make recommendations to the
Secretary concerned. If the Secretary concerned has
established, or will establish, an advisory
[[Page H3239]]
panel, the report shall include the names and positions of
the individuals who will serve on the advisory panel that
represent:
(i) Military leadership from covered military
installations.
(ii) Military leadership from military installations
containing covered defense property..
(iii) State leaders and leaders of the locality in which a
covered military installation or covered defense property is
located.
(iv) Representatives from military museums, military
historians, or relevant historians from the impacted States
and localities with relevant expertise.
(v) Community civil rights leaders.
(C) The criteria the Secretary concerned will use to inform
the renaming process.
(D) A description of the process for accepting and
considering public comments from members of the Armed Forces,
veterans, and members of the local community on potential
names for renaming covered military installations and covered
defense property.
(E) A timeline for the renaming process consistent with the
deadline specified in subsection (b).
(e) Congressional Guidance on Renaming Criteria.--
(1) Preferences.--As part of the renaming process
established by the Secretary concerned and described in the
process report required by subsection (c), the Secretary
concerned shall give a preference for renaming covered
military installations and covered defense property after
either--
(A) a battlefield victory by the Armed Forces consistent
with current Department of Defense naming conventions; or
(B) a deceased member of the Armed Forces who satisfies one
of more of the following:
(i) Was a recipient of the Congressional Medal of Honor.
(ii) Was recognized for heroism in combat or for other
significant contributions to the United States.
(iii) Was a member of a minority group who overcame
prejudice and adversity to perform distinguished military
service.
(iv) Has links to the community or State where the military
installation or covered property is located.
(v) Served at the covered military installation, in a unit
of the Armed Forces based at the covered installation; or at
the military installation containing the covered defense
property.
(2) Other considerations.--
(A) Junior servicemembers.--Junior members of the Armed
Forces should be favored in the renaming process over general
officers or flag officers.
(B) Branch consideration.--A deceased member of the Armed
Forces whose name is selected in the renaming process should
have served in the same Armed Force as the majority of the
members of the Armed Forces stationed at the covered military
installation renamed in honor of the deceased member or at
which the renamed covered defense property is located.
(C) Conflict consideration.--The names selected in the
renaming process should recognize and reflect significant
battles or contingency operations since 1917 or the
contributions of members of the Armed Forces who served in
wars and contingency operations since 1917.
(D) Personal conduct.--A deceased member of the Armed
Forces whose name is selected in the renaming process should
be a person whose personal conduct reflects the current
values of the Armed Forces and its members.
(f) Renaming Report; Deadline.--
(1) Report required.--Upon completing the renaming process
identified in the process report, but not later than 30 days
before the deadline specified in subsection (b), each
Secretary concerned shall submit to the congressional defense
committees a final report containing the list of the new
names chosen for each covered military installation and
covered defense property identified in the identification
report prepared by the Secretary concerned.
(2) Report elements.--At minimum, the renaming report shall
contain an explanation of the reasons for the selection of
each new name chosen for covered military installations and
covered defense property.
(3) Public availability.--The Secretary concerned shall
make the renaming report publicly available as soon as
practicable after submission of the renaming report.
(3) Guidance for actual renaming.--Not later than 30 days
after submission of the renaming report, the Secretary
concerned shall issue guidance to promptly affect the name
changes contained in the renaming report.
(g) Savings Clause.--Nothing in this section or the
renaming process required by this section shall be construed
to have any effect on grave markers or cemeteries that may
exist on real property under the jurisdiction of the
Department of Defense.
Subtitle D--Land Conveyances
SEC. 2831. LAND CONVEYANCE, CAMP NAVAJO, ARIZONA.
(a) Conveyance Authorized.--The Secretary of the Army may
convey, without consideration, to the State of Arizona
Department of Emergency and Military Affairs (in this section
referred to as the ``State'') all right, title, and interest
of the United States in and to a parcel of real property,
including any improvements thereon, consisting of not more
than 3,000 acres at Camp Navajo, Arizona, for the purpose of
permitting the State to use the property--
(1) for training the Arizona Army National Guard and Air
National Guard; and
(2) for defense industrial base economic development
purposes that are compatible with the environmental security
and primary National Guard training purpose of Camp Navajo.
(b) Condition of Conveyance.--
(1) Use of revenues.--The authority of the Secretary of the
Army to make the conveyance described in subsection (a) is
subject to the condition that the State agree that all
revenues generated from the use of the property conveyed
under such subsection will be used to support the training
requirements of the Arizona Army National Guard and Air
National Guard, including necessary infrastructure
maintenance and capital improvements.
(2) Audit.--The United States Property and Fiscal Office
for Arizona shall--
(A) conduct periodic audits of all revenues generated by
uses of the conveyed property and the use of such revenues;
and
(B) provide the audit results to the Chief of the National
Guard Bureau.
(c) Reversionary Interest.--
(1) Interest retained.--If the Secretary of the Army
determines at any time that the property conveyed under
subsection (a) is not being used in accordance with the
purposes of the conveyance specified in such subsection, or
that the State has not complied with the condition imposed by
subsection (b), all right, title, and interest in and to the
conveyed property, including any improvements thereon, shall,
at the option of the Secretary, revert to and become the
property of the United States, and the United States shall
have the right of immediate entry onto the Property.
(2) Determination.--A determination by the Secretary under
this subsection shall be made on the record after an
opportunity for a hearing.
(d) Alternative Consideration Option.--
(1) Consideration option.--In lieu of exercising the
reversionary interest retained under subsection (c), the
Secretary of the Army may accept an offer by the State to pay
to the United States an amount equal to the fair market value
of the property conveyed under subsection (a), excluding the
value of any improvements on the conveyed property
constructed without Federal funds after the date of the
conveyance is completed, as determined by the Secretary.
(2) Treatment of consideration received.--Consideration
received by the Secretary under paragraph (1) shall be
deposited in the special account in the Treasury established
for the Secretary under subsection (e) of section 2667 of
title 10, United States Code, and shall be available to the
Secretary for the same uses and subject to the same
limitations as provided in that section.
(e) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of the Army shall
require the State to cover costs to be incurred by the
Secretary, or to reimburse the Secretary for such costs
incurred by the Secretary, to carry out the conveyance under
subsection (a), including survey costs, costs for
environmental documentation related to the conveyance, and
any other administrative costs related to the conveyance. If
amounts are collected from the State in advance of the
Secretary incurring the actual costs, and the amount
collected exceeds the costs actually incurred by the
Secretary to carry out the conveyance, the Secretary shall
refund the excess amount to the State.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the
fund or account that was used to cover those costs incurred
by the Secretary in carrying out the conveyance or, if the
period of availability for obligations for that appropriation
has expired, to the fund or account currently available to
the Secretary for the same purpose. Amounts so credited shall
be merged with amounts in such fund or account, and shall be
available for the same purposes, and subject to the same
conditions and limitations, as amounts in such fund or
account.
(f) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary of the Army.
(g) Savings Provision.--Nothing in this section shall be
construed to alleviate, alter, or affect the responsibility
of the United States for cleanup and remediation of the
property to be conveyed under subsection (a) in accordance
with the Defense Environmental Restoration Program under
section 2701 of title 10, United States Code, and the
Comprehensive Environmental Response, Compensation, and
Liability Act of 1980 (42 U.S.C. 9601 et seq.).
(h) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with the conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States. These additional terms may include a
requirement for the State to consult with the Secretary of
the Navy regarding use of the conveyed property.
SEC. 2832. MODIFICATION OF LAND EXCHANGE INVOLVING NAVAL
INDUSTRIAL RESERVE ORDNANCE PLANT, SUNNYVALE,
CALIFORNIA.
(a) Elements of Exchange.--Section 2841(a) of the Military
Construction Authorization Act for Fiscal Year 2018 (division
B of Public Law 115-91; 131 Stat. 1860) is amended by
striking paragraphs (1) and (2) and inserting the following
new paragraphs:
``(1) real property, including improvements thereon,
located in Titusville, Florida, that will replace the NIROP
and meet the readiness requirements of the Department of the
Navy, as determined by the Secretary; and
``(2) reimbursement for the costs of relocation of
contractor and Government personnel and equipment from the
NIROP to the replacement facilities, to the extent specified
in the land exchange agreement contemplated in subsection
(b).''.
(b) Elements of Land Exchange Agreement.--Section
2841(b)(1) of the Military Construction Authorization Act for
Fiscal Year 2018 (division B of Public Law 115-91; 131 Stat.
1860)
[[Page H3240]]
is amended by inserting after ``identifies'' the following:
``the costs of relocation to be reimbursed by the Exchange
Entity,''.
(c) Valuation of Properties and Compensation.--Section 2841
of the Military Construction Authorization Act for Fiscal
Year 2018 (division B of Public Law 115-91; 131 Stat. 1860)
is amended--
(1) by striking subsection (c);
(2) by redesignating subsections (d) through (i) as
subsections (e) through (j), respectively; and
(3) by inserting after subsection (b) the following new
subsections:
``(c) Valuation.--The Secretary shall determine the fair
market value of the properties, including improvements
thereon, to be exchanged by the Secretary and the Exchange
Entity under subsection (a).
``(d) Compensation.--
``(1) Compensation required.--The Exchange Entity shall
provide compensation under the land exchange agreement
described in subsection (b) that is equal to or exceeds the
fair market value of the NIROP, as determined under
subsection (c).
``(2) In-kind consideration.--As part of the compensation
under the land exchange agreement, the Secretary and the
Exchange Entity may agree for the Exchange Entity to provide
the following forms of in-kind consideration at any property
or facility under the control of the Secretary:
``(A) Alteration, repair, improvement, or restoration
(including environmental restoration) of property.
``(B) Use of facilities by the Secretary.
``(C) Provision of real property maintenance services.
``(D) Provision of or payment of utility services.
``(E) Provision of such other services relating to
activities that will occur on the property as the Secretary
considers appropriate.
``(3) Deposit.--The Secretary shall deposit any cash
payments received under the land exchange agreement, other
than cash payments accepted under section 2695 of title 10,
United States Code, in the account in the Treasury
established pursuant to section 572(b) of title 40, United
States Code.
``(4) Use of proceeds.--Proceeds deposited pursuant to
paragraph (3) in the account referred to in such paragraph
shall be available to the Secretary in such amounts as
provided in appropriations Acts for the following activities:
``(A) Maintenance, protection, alternation, repair,
improvement, or restoration (including environmental
restoration) of property or facilities.
``(B) Payment of utilities services.
``(C) Real property maintenance services.''.
(d) Treatment of Certain Amounts Received.--Subsection (f)
of section 2841 of the Military Construction Authorization
Act for Fiscal Year 2018 (division B of Public Law 115-91;
131 Stat. 1861), as redesignated by subsection (c)(2) of this
section, is amended by striking ``(a), (c)(2), and (d)''and
inserting ``(a) and (e)''.
(e) Sunset.--Subsection (j) of section 2841 of the Military
Construction Authorization Act for Fiscal Year 2018 (division
B of Public Law 115-91; 131 Stat. 1861), as redesignated by
subsection (c)(2) of this section, is amended by striking
``October 1, 2023'' and inserting ``October 1, 2026, if the
Secretary and the Exchange Entity have not entered into a
land exchange agreement described in subsection (b) before
that date''.
SEC. 2833. LAND CONVEYANCE, SHARPE ARMY DEPOT, LATHROP,
CALIFORNIA.
(a) Conveyance Authorized.--If the Secretary of the Army
determines that no department or agency of the Federal
Government will accept the transfer of a parcel of real
property consisting of approximately 525 acres at Sharpe Army
Depot in Lathrop, California, the Secretary may convey to the
Port of Stockton, California, all right, title, and interest
of the United States in and to the property, including any
improvements thereon, for the purpose of permitting the Port
of Stockton to use the property for the development or
operation of a port facility.
(b) Modification of Parcel Authorized for Conveyance.--If a
department or agency of the Federal Government will accept
the transfer of a portion of the parcel of real property
described in subsection (a), the Secretary shall modify the
conveyance authorized by such subsection to exclude the
portion of the parcel to be accepted by that department or
agency.
(c) Consideration.--
(1) Public benefit conveyance.--The Secretary of the Army
may assign the property for conveyance under subsection (a)
as a public benefit conveyance without monetary consideration
to the Federal Government if the Port of Stockton satisfies
the conveyance requirements specified in section 554 of title
40, United States Code.
(2) Fair market value.--If the Port of Stockton fails to
qualify for a public benefit conveyance under paragraph (1)
and still desires to acquire the real property described in
subsection (a), the Port of Stockton shall pay to the United
States an amount equal to the fair market value of the
property to be conveyed. The Secretary shall determine the
fair market value of the property using an independent
appraisal based on the highest and best use of the property.
(d) Description of Property.--The exact acreage and legal
description of the real property to be conveyed under
subsection (a) shall be determined by a survey satisfactory
to the Secretary of the Army. The cost of the survey shall be
borne by the Port of Stockton.
(e) Additional Terms and Conditions.--The Secretary of the
Army may require such additional terms and conditions in
connection with the conveyance under subsection (a) as the
Secretary considers appropriate to protect the interests of
the United States.
(f) Sunset.--If the real property authorized for conveyance
by subsection (a) is not conveyed within one year after the
date of the enactment of this Act, the Secretary of the Army
may report the property excess for disposal in accordance
with existing law.
SEC. 2834. LAND EXCHANGE, SAN BERNARDINO COUNTY, CALIFORNIA.
(a) Definitions.--In this section:
(1) County.--The term ``County'' means the County of San
Bernardino, California.
(2) Federal land.--The term ``Federal land'' means the
approximately 73 acres of Federal land generally depicted as
``Federal Land Proposed for Exchange'' on the map titled
``Big Bear Land Exchange'' and dated August 6, 2018.
(3) Non-federal land.--The term ``non-Federal land'' means
the approximately 71 acres of land owned by the County
generally depicted as ``Non-Federal Land Proposed for
Exchange'' on the map referred to in paragraph (2).
(b) Exchange Authorized.--Subject to valid existing rights
and the terms of this section, no later than one year after
the date that the portion of the Pacific Crest National
Scenic Trail is relocated in accordance with subsection (i),
if the County offers to convey the non-Federal land to the
United States, the Secretary of Agriculture shall--
(1) convey to the County all right, title, and interest of
the United States in and to the Federal land; and
(2) accept from the County a conveyance of all right,
title, and interest of the County in and to the non-Federal
land.
(c) Equal Value and Cash Equalization.--
(1) Equal value exchange.--The land exchange under this
section shall be for equal value, or the values shall be
equalized by a cash payment as provided for under this
subsection or an adjustment in acreage. At the option of the
County, any excess value of the non-Federal lands may be
considered a gift to the United States.
(2) Cash equalization payment.--The County may equalize the
values of the lands to be exchanged under this section by
cash payment without regard to any statutory limit on the
amount of such a cash equalization payment.
(3) Deposit and use of funds received from county.--Any
cash equalization payment received by the Secretary of
Agriculture under this subsection shall be deposited in the
fund established under Public Law 90-171 (16 U.S.C. 484a;
commonly known as the Sisk Act). The funds so deposited shall
remain available to the Secretary of Agriculture, until
expended, for the acquisition of lands, waters, and interests
in land for the San Bernardino National Forest.
(d) Appraisal.--The Secretary of Agriculture shall complete
an appraisal of the land to be exchanged under this section
in accordance with--
(1) the Uniform Appraisal Standards for Federal Land
Acquisitions; and
(2) the Uniform Standards of Professional Appraisal
Practice.
(e) Title Approval.--Title to the land to be exchanged
under this section shall be in a format acceptable to the
Secretary of Agriculture and the County.
(f) Survey of Non-Federal Lands.--Before completing the
exchange under this section, the Secretary of Agriculture
shall inspect the non-Federal lands to ensure that the land
meets Federal standards, including hazardous materials and
land line surveys.
(g) Costs of Conveyance.--As a condition of the conveyance
of the Federal land under this section, any costs related to
the exchange under this section shall be paid by the County.
(h) Management of Acquired Lands.--The Secretary of
Agriculture shall manage the non-Federal land acquired under
this section in accordance with the Act of March 1, 1911 (16
U.S.C. 480 et seq.; commonly known as the Weeks Act), and
other laws and regulations pertaining to National Forest
System lands.
(i) Pacific Crest National Scenic Trail Relocation.--No
later than three years after the date of enactment of this
Act, the Secretary of Agriculture, in accordance with
applicable laws, shall relocate the portion of the Pacific
Crest National Scenic Trail located on the Federal land--
(1) to adjacent National Forest System land;
(2) to land owned by the County, subject to County
approval;
(3) to land within the Federal land, subject to County
approval; or
(4) in a manner that combines two or more of the options
described in paragraphs (1), (2), and (3).
(j) Map and Legal Descriptions.--As soon as practicable
after the date of the enactment of this Act, the Secretary of
Agriculture shall finalize a map and legal descriptions of
all land to be conveyed under this section. The Secretary may
correct any minor errors in the map or in the legal
descriptions. The map and legal descriptions shall be on file
and available for public inspection in appropriate offices of
the Forest Service.
SEC. 2835. LAND CONVEYANCE, OVER-THE-HORIZON BACKSCATTER
RADAR SYSTEM RECEIVING STATION, MODOC COUNTY,
CALIFORNIA.
(a) Conveyance Required.--
(1) In general.--As soon as practicable after receiving a
request from Modoc County, California (in this section
referred to as the ``County'') regarding the conveyance
required by this section, but subject to paragraph (2), the
Secretary of Agriculture shall convey to the County all
right, title, and interest of the United States in and to a
parcel of National Forest System land, including improvements
thereon, consisting of approximately 927 acres in Modoc
National Forest in the State of California and containing an
obsolete Over-the-Horizon Backscatter Radar System receiving
station established on the parcel pursuant to a memorandum of
agreement between the Department
[[Page H3241]]
of the Air Force and Forest Service dated May 18 and 23,
1987.
(2) Applicable law and national security determination.--
The Secretary of Agriculture shall carry out the conveyance
under subsection (a) in accordance with this section and all
other applicable law, including the condition that the
conveyance not take place until the Secretary, in
consultation with the Secretary of the Air Force, determines
that the conveyance will not harm the national security
interests of the United States.
(b) Purpose of Conveyance.--The purpose of the conveyance
under subsection (a) is to preserve and utilize the
improvements constructed on the parcel of National Forest
System land described in such subsection and to permit the
County to use the conveyed property, including improvements
thereon, for the development of renewable energy, including
solar and biomass cogeneration.
(c) Consideration.--
(1) In general.--As consideration for the conveyance under
subsection (a), the County shall pay to the Secretary of
Agriculture an amount that is not less than the fair market
value of the parcel of land to be conveyed, as determined in
accordance with the Uniform Appraisal Standards for Federal
Land Acquisition and the Uniform Standards of Professional
Appraisal Practice.
(2) Treatment of cash consideration.--The Secretary shall
deposit the payment received under paragraph (1) in the
account in the Treasury established by Public Law 90-171
(commonly known as the Sisk Act; 16 U.S.C. 484a). The amount
deposited shall be available to the Secretary, in such
amounts as may be provided in advance in appropriation Acts,
to pay any necessary and incidental costs incurred by the
Secretary in connection with the improvement, maintenance,
reconstruction, or construction of a facility or improvement
for the National Forest System located in the State of
California.
(d) Reservation of Easement Related to Continued Use of
Water Wells.--The conveyance required by subsection (a) shall
be conditioned on the reservation of an easement by the
Secretary of Agriculture, subject to such terms and
conditions as the Secretary deems appropriate, necessary to
provide access for use authorized by the Secretary of the
four water wells in existence on the date of the enactment of
this Act and associated water conveyance infrastructure on
the parcel of National Forest System lands to be conveyed.
(e) Withdrawal.--The National Forest System land described
in subsection (a) is withdrawn from the operation of the
mining and mineral leasing laws of the United States.
(f) Payment of Costs of Conveyance.--
(1) Payment required.--The Secretary of Agriculture shall
require the County to cover costs (except costs for
environmental remediation of the property) to be incurred by
the Secretary, or to reimburse the Secretary for such costs
incurred by the Secretary, to carry out the conveyance under
subsection (a), including survey costs, costs for
environmental documentation, and any other administrative
costs related to the conveyance. If amounts are collected
from the County in advance of the Secretary incurring the
actual costs, and the amount collected exceeds the costs
actually incurred by the Secretary to carry out the
conveyance, the Secretary shall refund the excess amount to
the County.
(2) Treatment of amounts received.--Amounts received as
reimbursement under paragraph (1) shall be credited to the
fund or account that was used to cover those costs incurred
by the Secretary of Agriculture in carrying out the
conveyance. Amounts so credited shall be merged with amounts
in such fund or account, and shall be available for the same
purposes, and subject to the same conditions and limitations,
as amounts in such fund or account.
(g) Environmental Remediation.--
(1) In general.--To expedite the conveyance of the parcel
of National Forest System land described in subsection (a),
including improvements thereon, environmental remediation of
the land by the Department of the Air Force shall be limited
to the removal of the perimeter wooden fence, which was
treated with an arsenic-based weatherproof coating, and
treatment of soil affected by leaching of such chemical.
(2) Potential future environmental remediation
responsibilities.--Notwithstanding the conveyance of the
parcel of National Forest System land described in subsection
(a), the Secretary of the Air Force shall be responsible for
the remediation of any environmental contamination,
discovered post-conveyance, that is attributed to Air Force
occupancy of and operations on the parcel pre-conveyance.
(h) Compliance With Environmental Laws.--Notwithstanding
the requirements of section 120(h) of the Comprehensive
Environmental Response, Compensation, and Liability Act of
1980 (42 U.S.C. 9620(h)), the Secretary of Agriculture shall
not be required to provide any of the covenants and
warranties otherwise required under such section in
connection with the conveyance of the property under
subsection (a).
(i) Description of Property.--The exact acreage and legal
description of the property to be conveyed under subsection
(a) shall be determined by a survey satisfactory to the
Secretary of Agriculture.
SEC. 2836. TRANSFER OF ADMINISTRATIVE JURISDICTION, NAVAL
SUPPORT ACTIVITY PANAMA CITY, FLORIDA, PARCEL.
(a) Transfer to the Secretary of the Navy.--Administrative
jurisdiction over the parcel of Federal land consisting of
approximately 1.23 acres located within Naval Support
Activity Panama City, Florida, and used by the Department of
the Navy pursuant to Executive Order 10355 of May 26, 1952,
and Public Land Order Number 952 of April 6, 1954, is
transferred from the Secretary of the Interior to the
Secretary of the Navy.
(b) Land Survey.--The exact acreage and legal description
of the Federal land transferred by subsection (a) shall be
determined by a survey satisfactory to the Secretary of the
Navy and the Secretary of the Interior.
(c) Consideration and Reimbursement.--
(1) No consideration.--The transfer made by subsection (a)
shall be without consideration.
(2) Reimbursement.--The Secretary of the Navy shall
reimburse the Secretary of the Interior for any costs
incurred by the Secretary of the Interior under subsection
(b) in conducting the survey and preparing the legal
description of the Federal land transferred by subsection
(a).
(d) Status of Land After Transfer.--Upon transfer of the
Federal land by subsection (a), the land shall cease to be
public land and shall be treated as property (as defined in
section 102(9) of title 40, United States Code) under the
administrative jurisdiction of the Secretary of the Navy.
Subtitle E--Military Land Withdrawals
SEC. 2841. RENEWAL OF LAND WITHDRAWAL AND RESERVATION TO
BENEFIT NAVAL AIR FACILITY, EL CENTRO,
CALIFORNIA.
Section 2925 of the El Centro Naval Air Facility Ranges
Withdrawal Act (subtitle B of title XXIX of Public Law 104-
201; 110 Stat. 2816) is amended by striking ``25 years after
the date of the enactment of this subtitle'' and inserting
``on November 6, 2046''.
SEC. 2842. RENEWAL OF FALLON RANGE TRAINING COMPLEX LAND
WITHDRAWAL AND RESERVATION.
Notwithstanding section 3015 of the Military Lands
Withdrawal Act of 1999 (title XXX of Public Law 106-65; 113
Stat. 892), the withdrawal and reservation of lands (known as
the Fallon Range Training Complex) made by section 3011(a) of
such Act (113 Stat. 885) shall terminate on November 6, 2046.
SEC. 2843. RENEWAL OF NEVADA TEST AND TRAINING RANGE LAND
WITHDRAWAL AND RESERVATION.
Notwithstanding section 3015 of the Military Lands
Withdrawal Act of 1999 (title XXX of Public Law 106-65; 113
Stat. 892), the withdrawal and reservation of lands (known as
the Nevada Test and Training Range) made by section 3011(b)
of such Act (113 Stat. 886) shall terminate on November 6,
2046.
SEC. 2844. CO-MANAGEMENT, NEW MEMORANDUM OF UNDERSTANDING,
AND ADDITIONAL REQUIREMENTS REGARDING NEVADA
TEST AND TRAINING RANGE.
(a) Definitions.--In this section:
(1) The term ``affected Indian tribe'' means an Indian
tribe that--
(A) has historical connections to the land withdrawn and
reserved as the Nevada Test and Training Range; and
(B) retains a presence on lands near the Nevada Test and
Training Range.
(2) The term ``heavy force'' means a military unit with
armored motorized equipment, such as tanks, motorized
artillery, and armored personnel carriers.
(3) The term ``large force'' means a military unit
designated as a battalion or larger organizational unit.
(4) The term ``Nevada Test and Training Range'' means the
lands known as the Nevada Test and Training Range withdrawn
and reserved by section 3011(b) of the Military Lands
Withdrawal Act of 1999 (title XXX of Public Law 106-65; 113
Stat. 886).
(5) The term ``new memorandum of understanding'' means the
memorandum of understanding required by subsection (c)(1).
(6) The term ``overlapping lands'' means the lands
overlapping both the Nevada Test and Training Range and the
Desert National Wildlife Refuge.
(7) The term ``Secretaries'' means the Secretary of the Air
Force and the Secretary of the Interior acting jointly.
(8) The term ``small force'' means a military force of
squad, platoon, or equivalent or smaller size.
(b) Co-Management of Federal Lands Overlapping Nevada Test
and Training Range and Desert National Wildlife Refuge.--The
Secretaries shall co-manage the overlapping lands for both
military and wildlife refuge purposes.
(c) Memorandum of Understanding.--
(1) New mou required.--Not later than two years after the
date of the enactment of this Act, the Secretaries shall
prepare a memorandum of understanding regarding the
management of the overlapping lands for the purpose of
facilitating the co-management of the overlapping lands as
required by subsection (b).
(2) Relation to existing mou.--The new memorandum of
understanding shall supersede the memorandum of understanding
referred to in subparagraph (E) of section 3011(b)(5) of the
Military Lands Withdrawal Act of 1999 (title XXX of Public
Law 106-65; 113 Stat. 888). Clauses (ii), (iii), and (iv) of
such subparagraph shall apply to the new memorandum of
understanding in the same manner as such clauses applied to
the superseded memorandum of understanding .
(d) Elements of New Memorandum of Understanding.--
(1) In general.--Subject to the dispute resolution process
required by subsection (e), the new memorandum of
understanding shall include, at a minimum, provisions to
address the following:
(A) The proper management and protection of the natural and
cultural resources of the overlapping lands.
(B) The sustainable use by the public of such resources to
the extent consistent with existing
[[Page H3242]]
laws and regulations, including applicable environmental
laws.
(C) The use of the overlapping lands for the military
purposes for which the lands are withdrawn and reserved.
(2) Consultation.--The Secretaries shall prepare the new
memorandum of understanding in consultation with the
following:
(A) The resource consultative committee.
(B) Affected Indian tribes.
(3) Tribal issues.--The new memorandum of understanding
shall include provisions to address the manner in which the
Secretary of the Air Force will accomplish the following:
(A) Meet the United States trust responsibilities with
respect to affected Indian tribes, tribal lands, and rights
reserved by treaty or Federal law affected by the withdrawal
and reservation of the overlapping lands.
(B) Guarantee reasonable access to, and use by members of
affected Indian tribes of high priority cultural sites
throughout the Nevada Test and Training Range, including the
overlapping lands, consistent with the reservation of the
lands for military purposes.
(C) Protect identified cultural and archaeological sites
throughout the Nevada Test and Training Range, including the
overlapping lands, and, in the event of an inadvertent ground
disturbance of such a site, implement appropriate response
activities to once again facilitate historic and subsistence
use of the site by members of affected Indian tribes.
(D) Provide for timely consultation with affected Indian
tribes as required by paragraph (2).
(4) Department of the interior access.--The new memorandum
of understanding shall ensure that the Secretary of the
Interior has regularly access to the overlapping lands to
carry out the management responsibilities of the Secretary of
the Interior regarding the Desert National Wildlife Refuge,
including the following:
(A) The installation or maintenance of wildlife water
development projects.
(B) The conduct of annual desert bighorn sheep surveys.
(C) The management of the annual desert bighorn sheep hunt
in accordance with the National Wildlife Refuge System
Administration Act of 1966 (16 U.S.C. 668dd-668ee).
(D) The conduct of annual biological surveys for the
Agassiz's desert tortoise and other federally protected
species, State-listed and at-risk species, migratory birds,
golden eagle nests and rare plants.
(E) The conduct of annual invasive species surveys and
treatment.
(F) The conduct of annual contaminant surveys of soil,
springs, groundwater and vegetation.
(G) The regular installation and maintenance of climate
monitoring systems.
(H) Such additional access opportunities, as needed, for
wildlife research, including Global Positioning System
collaring of desert bighorn sheep, bighorn sheep disease
monitoring, investigation of wildlife mortalities, and
deploying, maintaining, and retrieving output from wildlife
camera traps.
(5) Hunting, fishing, and trapping.--The new memorandum of
understanding shall include provisions to require that any
hunting, fishing, and trapping on the overlapping lands is
conducted in accordance with section 2671 of title 10, United
States Code.
(6) Other required matters.--The new memorandum of
understanding also shall include provisions regarding the
following:
(A) The identification of current test and target impact
areas and related buffer or safety zones, to the extent
consistent with military purposes.
(B) The design and construction of all gates, fences, and
barriers in the overlapping lands, to be constructed after
the date of the enactment of this Act, in a manner to allow
wildlife access, to the extent practicable and consistent
with military security, safety, and sound wildlife management
use.
(C) The incorporation of any existing management plans
pertaining to the overlapping lands to the extent that the
Secretaries, upon review of such plans, determine that
incorporation into the new memorandum of understanding is
appropriate.
(D) Procedures to ensure periodic reviews of the new
memorandum of understanding are conducted by the Secretaries,
and that the State of Nevada, affected Indian tribes, and the
public are provided a meaningful opportunity to comment upon
any proposed substantial revisions.
(e) Resolution of Disputes.--
(1) Dispute resolution process.--The Secretary of the Air
Force shall be responsible for the resolution of any dispute
concerning the new memorandum of understanding or any
amendment thereto.
(2) Consultation.--The Secretary of the Air Force shall
make a decision under this subsection only after consultation
with the Secretary of the Interior, acting through the
Regional Director of the United States Fish and Wildlife
Service, and the coordinator of the resource consultative
committee.
(3) Goal.--The Secretary of the Air Force shall seek to
resolve disputes under this subsection in a manner that
provides the greatest access to the overlapping lands to the
public and to other Federal agencies and is protective of
cultural and natural resources to the greatest extent
possible consistent with the purposes for which the
overlapping lands are reserved.
(f) Resource Consultative Committee.--
(1) Establishment required.--The Secretaries shall
establish, pursuant to the new memorandum of understanding, a
resource consultative committee comprised of representatives
from interested Federal agencies, as well as at least one
elected officer (or other authorized representative) from the
State of Nevada, and at least one elected officer (or other
authorized representative) from each local and tribal
government impacted by the Nevada Test and Training Range, as
may be designated at the discretion of the Secretaries.
(2) Purpose.--The resource consultative committee shall be
established solely for the purpose of exchanging views,
information, and advice relating to the management of the
natural and cultural resources of the Nevada Test and
Training Range.
(3) Operational basis.--The resource consultative committee
shall operate in accordance with the terms set forth in the
new memorandum of understanding, which shall specify the
Federal agencies and elected officers or representatives of
State, local, and tribal governments to be invited to
participate. The memorandum of understanding shall establish
procedures for creating a forum for exchanging views,
information, and advice relating to the management of natural
and cultural resources on the lands concerned, procedures for
rotating the chair of the committee, and procedures for
scheduling regular meetings.
(4) Coordinator.--The Secretaries shall appoint an
individual to serve as coordinator of the resource
consultative committee. The duties of the coordinator shall
be included in the new memorandum of understanding. The
coordinator shall not be a member of the committee.
(g) Authorized and Prohibited Activities.--
(1) Authorized activities.--Military activities on the
overlapping lands are authorized for the following purposes:
(A) Emergency response.
(B) Establishment and use of existing or new electronic
tracking and communications sites.
(C) Establishment and use of drop zones.
(D) Use and maintenance of roads in existence as of the
date of the enactment of this Act.
(E) Small force readiness training by Air Force, Joint, or
Coalition forces, including training using small motorized
vehicles both on- and off-road, in accordance with applicable
interagency agreements.
(2) Prohibited activities.--Military activities on the
overlapping lands are prohibited for the following purposes:
(A) Large force or heavy force activities.
(B) Designation of new weapon impact areas.
(C) Any ground disturbance activity not authorized by
paragraphs (1) and (2) of subsection (c).
(3) Rules of construction.--Nothing in this subsection
shall be construed to preclude--
(A) low-level overflights of military aircraft, the
designation of new units of special use airspace, or the use
or establishment of military flight training routes over the
overlapping lands; or
(B) the Secretaries from entering into the new memorandum
of understanding or any amendment thereto concerning the
activities authorized by paragraph (1).
(h) Tribal Liaison Positions.--
(1) Access coordinator.--The Secretary of the Air Force
shall create a tribal liaison position for the Nevada Test
and Training Range, to be held by a member of an affected
Indian tribe, who will help coordinate access to cultural and
archaeological sites throughout the Nevada Test and Training
Range and accompany members of Indian tribes accessing such
sites.
(2) Cultural resources liaison.--The Secretary of the Air
Force shall create a tribal liaison position for the Nevada
Test and Training Range, to be held by a member of an
affected Indian tribe, who will serve as a tribal cultural
resources liaison to ensure that--
(A) appropriate steps are being taken to protect cultural
and archaeological sites throughout the Nevada Test and
Training Range; and
(B) the management plan for the Nevada Test and Training
Range is being followed.
(i) Fish and Wildlife Liaison.--The Secretaries shall
create a Fish and Wildlife Service liaison position for the
Nevada Test and Training Range, to be held by a Fish and
Wildlife Service official designated by the Director of the
United States Fish and Wildlife Service, who will serve as a
liaison to ensure that--
(1) appropriate steps are being taken to protect Fish and
Wildlife Service managed resources throughout the Nevada Test
and Training Range; and
(2) the management plan for the Nevada Test and Training
Range is being followed.
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.
(a) Duration of Land Withdrawal and Reservation.--The
withdrawal and reservation of lands (known as the White Sands
Missile Range) made by section 2951 of the Military Land
Withdrawals Act of 2013 (title XXIX of Public Law 113-66; 127
Stat. 1039), and the special reservation area established by
this section, shall terminate on October 1, 2046.
(b) Special Reservation Area.--
(1) Establishment.--There is hereby established a special
reservation area consisting of the approximately 341,415
acres of public land (including interests in land) in Socorro
and Torrance Counties, New Mexico, and the approximately
352,115 acres of public land (including interests in land) in
Sierra, Socorro, and Dona Ana Counties, New Mexico, depicted
as Northern Call-Up Area and Western Call-Up Area,
respectively, on the maps entitled ``WSMR Northern Call-Up
Area'' and ``WSMR Western Call-Up Area'', both dated August
16, 2016. These lands include approximately 10,775 acres
under the administrative jurisdiction of the Secretary of the
Army.
(2) Reservation generally.--The special reservation area,
excluding the portion of the special reservation area under
the administrative
[[Page H3243]]
jurisdiction of the Secretary of the Army, is reserved for
use by the Secretary of the Army for military purposes
consisting of overflight research, development, test, and
evaluation and training.
(3) Army lands.--The portion of the special reservation
area under the administrative jurisdiction of the Secretary
of the Army is reserved for use by the Secretary of the Army
for military purposes as determined by the Secretary of the
Army.
(c) Exception From Special Reservation.--The Secretary of
the Army may permit, on a case-by-case basis and consistent
with section 44718 of title 49, United States Code, the
erection in the special reservation area established by
subsection (b) of a structure that extends higher than 50
feet in height above the surface estate.
(d) Maps and Legal Descriptions.--Section 3012 of the
Military Land Withdrawals Act of 2013 (title XXIX of Public
Law 113-66; 127 Stat. 1026) shall apply with respect to the
maps referred to in subsection (a) and the preparation of
legal descriptions of the special reservation area
established by subsection (b), except that the reference to
the date of the enactment of that Act shall be deemed to
refer to the date of the enactment of this Act.
(e) Rules of Construction.--The establishment of the
special reservation area by subsection (b) shall not be
construed--
(1) to alter the terms, operation, or duration of any
agreement entered into by the Secretary of the Army or the
Secretary of the Interior involving any portion of the lands
included in the special reservation area, and the Secretaries
shall continue to comply with the terms of any such
agreement; or
(2) to vest in the Secretary of the Army or the Secretary
of the Interior any authority vested in the Secretary of
Transportation or the Administrator of the Federal Aviation
Administration.
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.
Section 2835(e)(1) of the Military Construction
Authorization Act for Fiscal Year 2010 (division B of Public
Law 111-84; 10 U.S.C. 2687 note) is amended--
(1) in the paragraph heading, by striking ``Annual'' and
inserting ``Biennial''; and
(2) in the matter preceding subparagraph (A)--
(A) by striking ``February 1 of each year'' and inserting
``February 1, 2022, and every second February 1 thereafter'';
(B) by striking ``fiscal year'' and inserting ``two fiscal
years'';
(C) by striking ``such year'' and inserting ``such years'';
and
(D) by striking ``the year'' and inserting ``the years''.
SEC. 2852. ADDITIONAL EXCEPTION TO RESTRICTION ON DEVELOPMENT
OF PUBLIC INFRASTRUCTURE IN CONNECTION WITH
REALIGNMENT OF MARINE CORPS FORCES IN ASIA-
PACIFIC REGION.
Notwithstanding section 2821(b) of the Military
Construction Authorization Act for Fiscal Year 2015 (division
B of Public Law 113-291; 10 U.S.C. 2687 note), the Secretary
of Defense may proceed with the public infrastructure project
on Guam intended to provide a new public health laboratory,
as identified in the report prepared by the Secretary of
Defense under section 2822(d)(2) of the Military Construction
Authorization Act for Fiscal Year 2014 (division B of Public
Law 113-66; 127 Stat. 1017) and entitled ``Economic
Adjustment Committee Implementation Plan Supporting the
Preferred Alternative for the Relocation of Marine Corps
Forces to Guam'', subject to the availability of funds for
the project.
SEC. 2853. DEVELOPMENT OF MASTER PLAN FOR INFRASTRUCTURE TO
SUPPORT ROTATIONAL ARMED FORCES IN AUSTRALIA.
(a) Master Plan Required.--The Secretary of Defense shall
develop a master plan for the construction of infrastructure
required to support the rotational presence of units and
members the United States Armed Forces in the Northern
Territory of the Commonwealth of Australia (in this section
referred to as the ``Northern Territory'').
(b) Master Plan Elements.--The master plan shall include
the following:
(1) A list and description of the scope, cost, and schedule
for each military construction, repair, or other
infrastructure project carried out at installations or
training areas in the Northern Territory since October 1,
2011.
(2) A list and description of the scope, cost, and schedule
for each military construction, repair, or other
infrastructure project anticipated to be necessary at
installations or training areas in the Northern Territory
during the 10-year period beginning on the date of the
enactment of this Act.
(3) The site plans for each installation and training area
in the Northern Territory.
(4) For each project included in the master plan pursuant
to paragraph (1) or (2), an explanation of--
(A) whether the proponent of the project was the Secretary
of a military department, a combat support agency, a
combatant command, or the Commonwealth of Australia; and
(B) the funding source, or anticipated resource sponsor,
for the project, including whether the project is funded by
the United States, by the Commonwealth of Australia, or
jointly by both countries.
(5) Such other issues as determined by the Secretary of
Defense to be appropriate.
(c) Coordination.--The Secretary of Defense shall
coordinate with the Commander of United States Indo-Pacific
Command and the Secretaries of the military departments to
develop the master plan.
(d) Report Requirement.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
containing a copy of the master plan. The report shall be
submitted in unclassified form, but may include a classified
annex.
SEC. 2854. STUDY AND STRATEGY REGARDING BULK FUELS MANAGEMENT
IN UNITED STATES INDO-PACIFIC COMMAND AREA OF
RESPONSIBILITY.
(a) Findings.--Congress makes the following findings:
(1) The ordering and delivery of bulk fuels is
organizationally bifurcated to the detriment of the
Department of Defense.
(2) Legacy bulk fuel management will not meet the
accelerated pace of operations required to support the
National Defense Strategy and the emphasis on disaggregated
operations.
(3) The number of United States flagged tanking vessels
continues to decline, which has resulted in an excessive
reliance on foreign flagged tanking vessels to be available
to support the National Defense Strategy.
(4) A foreign flagged tanking vessel support strategy
induces excessive risk to support United States disaggregated
operations in a highly contested environment.
(5) The inadequacies of the legacy bulk fuel management
strategy is particularly acute in the United States Indo-
Pacific Command Area of Responsibility.
(b) Sense of Congress.--It is the sense of Congress that a
single organizational element should be responsible for the
bulk fuel management and delivery throughout the United
States Indo-Pacific Command Area of Responsibility.
(c) Study and Strategy Required.--The Secretary of the Navy
shall--
(1) conduct a study of current and projected bulk fuel
management strategies in the United States Indo-Pacific
Command Area of Responsibility; and
(2) prepare a proposed bulk fuel management strategy that
optimally supports bulk fuel management in the United States
Indo-Pacific Command Area of Responsibility.
(d) Elements of Study.--The study required by subsection
(c) shall include the following elements:
(1) A description of current organizational responsibility
of bulk fuel management in the United States Indo-Pacific
Command Area of Responsibility from ordering, storage,
strategic transportation, and tactical transportation to the
last tactical mile.
(2) A description of legacy bulk fuel management assets
that can be used to support the United States Indo-Pacific
Command.
(3) Options for congressional consideration to better align
organizational responsibility through the entirety of the
bulk fuel management system in the United States Indo-Pacific
Command Area of Responsibility, as proposed in the bulk fuel
management strategy prepared pursuant to paragraph (2) of
such subsection.
(e) Coordination.--The Secretary of the Navy shall conduct
the study and prepare the bulk fuel management strategy
required by subsection (c) in coordination with subject-
matter experts of the United States Indo-Pacific Command, the
United States Transportation Command, and the Defense
Logistics Agency.
(f) Report Required.--Not later than one year after the
date of the enactment of this Act, the Secretary of the Navy
shall submit to the congressional defense committees a report
containing the results of the study required by subsection
(c) and the bulk fuel management strategy required by such
subsection.
(g) Prohibition on Certain Construction Pending Report.--
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2021 for the Navy
for construction related to additional bulk fuel storage in
the United States Indo-Pacific Command Area of Responsibility
may be obligated or expended until the report required by
subsection (f) is submitted to the congressional defense
committees.
Subtitle G--Other Matters
SEC. 2861. DEFENSE COMMUNITY INFRASTRUCTURE PROGRAM.
(a) Prioritization of Community Infrastructure Projects.--
Section 2391(d)(1) of title 10, United States Code, is
amended--
(1) by inserting ``(A)'' after ``(1)'';
(2) by striking ``, if the Secretary determines that such
assistance will enhance the military value, resilience, or
military family quality of life at such military
installation''; and
(3) by adding at the end the following new subparagraph:
``(B) The Secretary shall establish criteria for the
selection of community infrastructure projects to receive
assistance under this subsection, including selection of
community infrastructure projects in the following order of
priority:
``(i) Projects that will enhance military installation
resilience.
``(ii) Projects that will enhance military value at a
military installation.
``(iii) Projects that will enhance military family quality
of life at a military installation.''.
(b) Cost-sharing Requirements.--Paragraph (2) of section
2391(d) of title 10, United States Code, is amended to read
as follows:
``(2)(A) The criteria established for the selection of
community infrastructure projects to receive assistance under
this subsection shall include a requirement that, except as
provided in subparagraph (B), the State or local government
agree to contribute not less than 30 percent of the funding
for the community infrastructure project.
``(B) If a proposed community infrastructure project will
be carried out in a rural area or the
[[Page H3244]]
Secretary of Defense determines that a proposed community
infrastructure project is advantageous for reasons related to
national security, the Secretary--
``(i) shall not penalize a State or local government for
offering to make a contribution of 30 percent or less of the
funding for the community infrastructure project; and
``(ii) may reduce the requirement for a State or local
government contribution to 30 percent or less or waive the
cost-sharing requirement entirely.''.
(c) Specified Duration of Program.--Section 2391(d)(4) of
title 10, United States Code, is amended by striking ``upon
the expiration of the 10-year period which begins on the date
of the enactment of the National Defense Authorization Act
for Fiscal Year 2019'' and inserting ``on September 30,
2028''.
SEC. 2862. PILOT PROGRAM ON REDUCTION OF EFFECTS OF MILITARY
AVIATION NOISE ON CERTAIN COVERED PROPERTY.
(a) In General.--The Secretary of Defense shall carry out a
five-year pilot program under which the commander of a
military installation may provide funds for the purpose of
installing noise insulation on covered property impacted by
military aviation noise from aircraft utilizing the
installation.
(b) Cost Sharing Requirement.--To be eligible to receive
funds under the pilot program, a recipient shall enter into
an agreement with the commander to cover at least 50 percent
of the cost to acquire and install the noise insulation for
the covered property.
(c) Noise Reduction Threshold.--To be eligible to receive
funds under the pilot program, the commander must determine
that, if noise insulation is installed as requested, noise at
the covered property would be reduced by at least five dB.
(d) Other Funding Limitations.--Funds provided under the
pilot program shall be used for the installation of noise
insulation for covered property--
(1) located within a Department of Defense noise contour
between 65 dB day-night average sound level and 75 dB day-
night average sound level as validated on a National
Environmental Policy Act-compliant assessment within the past
three years; and
(2) where interior noise has been measured at 45 dB day-
night average sound level by the installation.
(e) Goals and Best Practices.--In carrying out the pilot
program, a commander shall pursue the following goals and use
the following best practices:
(1) Minimize cost in order to maximize the quantity of
covered property served.
(2) Focus efforts on covered property newly impacted by
increased noise levels.
(f) Covered Property Defined.--For purposes of the pilot
program, the term ``covered property'' means the following:
(1) A private residence.
(2) A hospital.
(3) A daycare facility.
(4) A school.
(5) A facility whose primary purpose is serving senior
citizens.
(g) Condition on Commencement.--Commencement of the pilot
program shall be subject to the availability of
appropriations for the program.
SEC. 2863. DEPARTMENT OF DEFENSE POLICY FOR REGULATION OF
DANGEROUS DOGS IN MILITARY COMMUNITIES.
(a) Policy Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense,
through the Veterinary Service Activity of the Department of
Defense, shall establish a standardized policy applicable
across all military communities for the regulation of
dangerous dogs that is--
(1) breed-neutral; and
(2) consistent with advice from professional veterinary and
animal behavior experts in regard to effective regulation of
dangerous dogs.
(b) Regulations.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall prescribe
regulations implementing the policy established under
subsection (a).
(2) Best practices.--The regulations prescribed under
paragraph (1) shall include strategies, for implementation
within all military communities, for the prevention of dog
bites that are consistent with the following best practices:
(A) Enforcement of comprehensive, nonbreed-specific
regulations relating to dangerous dogs, with emphasis on
identification of dangerous dog behavior and chronically
irresponsible owners.
(B) Enforcement of animal control regulations, such as
leash laws and stray animal control policies.
(C) Promotion and communication of resources for pet
spaying and neutering.
(D) Investment in community education initiatives, such as
teaching criteria for pet selection, pet care best practices,
owner responsibilities, and safe and appropriate interaction
with dogs.
(c) Definitions.--In this section:
(1) The term ``dangerous dog'' means a dog that--
(A) has attacked a person or another animal without
justification, causing injury or death to the person or
animal; or
(B) exhibits behavior that reasonably suggests the likely
risk of such an attack.
(2) The term ``military communities'' means--
(A) all installations of the Department; and
(B) all military housing, including privatized military
housing under subchapter IV of chapter 169 of title 10,
United States Code.
TITLE XXIX--OVERSEAS CONTINGENCY OPERATIONS MILITARY CONSTRUCTION
SEC. 2901. AUTHORIZED NAVY CONSTRUCTION AND LAND ACQUISITION
PROJECTS.
The Secretary of the Navy may acquire real property and
carry out the military construction projects for the
installation outside the United States, and in the amount,
set forth in the following table:
Navy: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Spain........................................... Rota....................................... $59,230,000
----------------------------------------------------------------------------------------------------------------
SEC. 2902. AUTHORIZED AIR FORCE CONSTRUCTION AND LAND
ACQUISITION PROJECTS.
The Secretary of the Air Force may acquire real property
and carry out the military construction projects for the
installations outside the United States, and in the amounts,
set forth in the following table:
Air Force: Outside the United States
----------------------------------------------------------------------------------------------------------------
Country Location Amount
----------------------------------------------------------------------------------------------------------------
Germany......................................... Ramstein................................... $36,345,000
Spangdahlem Air Base....................... $25,824,000
Romania......................................... Campia Turzii.............................. $130,500,000
----------------------------------------------------------------------------------------------------------------
SEC. 2903. AUTHORIZATION OF APPROPRIATIONS.
Funds are hereby authorized to be appropriated for fiscal
years beginning after September 30, 2020, for the military
construction projects outside the United States authorized by
this title as specified in the funding table in section 4602.
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.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2021 for the activities of the National Nuclear
Security Administration in carrying out programs as specified
in the funding table in section 4701.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out new
plant projects for the National Nuclear Security
Administration as follows:
Project 21-D-510, High Explosive Synthesis, Formulation,
and Production facility, Pantex Plant, Amarillo, Texas,
$177,395,000.
Project 21-D-511, Savannah River Plutonium Processing
Facility, Savannah River Site, Aiken, South Carolina,
$241,896,000.
Project 21-D-512, Plutonium Pit Production Project, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$116,900,000 for planning and design and $79,100,000 for
construction.
Project 21-D-530, Steam and Condensate Upgrade, Knolls
Atomic Power Laboratory, Schenectady, New York, $50,200,000.
General Purpose Project, TA-15 Dual-Axis Radiographic
Hydrodynamic Test facility, Hydro Vessel Repair facility, Los
Alamos National Laboratory, Los Alamos, New Mexico,
$16,491,000.
General Purpose Project, U1a.03 Test Bed Facility
Improvements, Nevada National Security Site, Mercury, Nevada,
$16,000,000.
SEC. 3102. DEFENSE ENVIRONMENTAL CLEANUP.
(a) Authorization of Appropriations.--Funds are hereby
authorized to be appropriated to the Department of Energy for
fiscal year 2021 for defense environmental cleanup activities
in
[[Page H3245]]
carrying out programs as specified in the funding table in
section 4701.
(b) Authorization of New Plant Projects.--From funds
referred to in subsection (a) that are available for carrying
out plant projects, the Secretary of Energy may carry out,
for defense environmental cleanup activities, the following
new plant projects:
Project 21-D-401, Hoisting Capability Project, Waste
Isolation Pilot Plant, Carlsbad, New Mexico, $10,000,000.
SEC. 3103. OTHER DEFENSE ACTIVITIES.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2021 for other defense
activities in carrying out programs as specified in the
funding table in section 4701.
SEC. 3104. NUCLEAR ENERGY.
Funds are hereby authorized to be appropriated to the
Department of Energy for fiscal year 2021 for nuclear energy
as specified in the funding table in section 4701.
Subtitle B--Program Authorizations, Restrictions, Limitations, and
Other Matters
SEC. 3111. NUCLEAR WARHEAD ACQUISITION PROCESSES.
(a) Sense of Congress.--It is the sense of Congress that--
(1) in its 25th year, the science-based Stockpile
Stewardship Program established under section 4201 of the
Atomic Energy Defense Act (50 U.S.C. 2521) has succeeded in
providing the United States with a credible nuclear deterrent
in the absence of nuclear explosive testing;
(2) maintaining global moratoria on nuclear explosive
testing is in the national security interest of the United
States;
(3) a robust, second-to-none science and technology
enterprise is required to maintain and certify the nuclear
weapons stockpile of the United States; and
(4) the National Nuclear Security Administration must
continue to improve program management and execution of the
major acquisition programs of the Administration.
(b) Requirements.--
(1) Phases.--Subtitle A of title XLII of the Atomic Energy
Defense Act (50 U.S.C. 4201 et seq.) is amended by adding at
the end the following new section:
``SEC. 4223. REQUIREMENTS FOR CERTAIN JOINT NUCLEAR WEAPONS
LIFE CYCLE PHASES.
``(a) Design and Engineering Requirements.--The
Administrator shall ensure the following:
``(1) The national security laboratories engage in peer
review of proposed designs of nuclear weapons.
``(2) The nuclear weapons production facilities are
involved early and often during the design and engineering
process of nuclear weapons in order to take into account how
such design and engineering will affect the production of the
nuclear weapons.
``(b) Requirements After Phase 1.--After the Administrator
completes phase 1 of the joint nuclear weapons life cycle for
a nuclear weapon, the Nuclear Weapons Council shall submit to
the congressional defense committees a report containing the
following:
``(1) A description of the potential military
characteristics of the nuclear weapon.
``(2) A description of the stockpile-to-target sequence
requirements of the nuclear weapon.
``(3) A description of any other requirements of the
Administration or the Department of Energy that will affect
the nuclear weapon, including the first product unit date,
the initial operational capability date, the final
operational capability date, or requirements relating to
increased safety and surety.
``(4) Initial assessments of the effect to the nuclear
security enterprise workforce and any required new or
recapitalized major facilities or capabilities relating to
the nuclear weapon.
``(c) Requirements Entering Into Phase 2.--Not later than
15 days after the date on which the Nuclear Weapons Council
approves a nuclear weapon for phase 2 of the joint nuclear
weapons life cycle, the Administrator shall submit to the
congressional defense committees a plan to implement an
independent peer-review process, a board of experts, or both,
with respect to the nonnuclear weapon component and subsystem
design and engineering aspects of such nuclear weapon. The
Administrator shall ensure that such process--
``(1) uses all relevant capabilities of the Federal
Government, the defense industrial base, and academia, and
other capabilities that the Administrator determines
necessary; and
``(2) informs the entire development life cycle of such
nuclear weapon.
``(d) Requirements Entering Into Phase 3.--
``(1) Independent cost assessment.--Before the Nuclear
Weapons Council approves a nuclear weapon for phase 3 of the
joint nuclear weapons life cycle, the Administrator shall
ensure that an independent cost assessment is conducted for
phase 3 that includes assigning a percentage of confidence
level with respect to the Administrator being able to carry
out phase 3 within the estimated schedule and cost
objectives.
``(2) Certifications and reports.--Not later than 15 days
after the date on which the Nuclear Weapons Council approves
a nuclear weapon for phase 3 of the joint nuclear weapons
life cycle--
``(A) the Administrator shall certify to the congressional
defense committees that--
``(i) the joint nuclear weapons life cycle process for
phases 1 through 5 of the nuclear weapon has equal or greater
rigor as the life extension process under each part of phase
6; and
``(ii) the level of design and technology maturity of the
proposed design of the nuclear weapon can be carried out
within the estimated schedule and cost objectives specified
in the cost assessment under paragraph (1); and
``(B) the Commander of the United States Strategic Command
shall submit to the congressional defense committees a report
containing--
``(i) the specific warhead requirements for the delivery
system of the nuclear weapon, including such planned
requirements during the 15-year period following the date of
the report; and
``(ii) an identification of the tail numbers of the
warheads for that delivery system that may require life
extensions, be retired, or be altered during such period, and
a description of the considerations for deciding on such
actions.
``(e) Waivers.--Subsections (b) through (d) may be waived
during a period of war declared by Congress after the date of
the enactment of the National Defense Authorization Act for
Fiscal Year 2021.
``(f) Joint Nuclear Weapons Life Cycle Defined.--In this
section, the term `joint nuclear weapons life cycle' has the
meaning given that term in section 4220.''.
(2) Clerical amendment.--The table of contents for the
Atomic Energy Defense Act is amended by inserting after the
item relating to section 4222 the following new item:
``Sec. 4223. Requirements for certain joint nuclear weapons life cycle
phases.''.
(c) Selected Acquisition Reports and Independent Cost
Estimates.--Section 4217(b)(1) of such Act (50 U.S.C.
2537(b)(1)) is amended--
(1) in subparagraph (A)--
(A) in clause (i), by striking ``phase 6.2A'' and inserting
``phase 2A and phase 6.2A'';
(B) in clause (ii), by striking ``phase 6.3'' and inserting
``phase 3 and phase 6.3'';
(C) in clause (iii)--
(i) by striking ``phase 6.4'' and inserting ``phase 4 and
phase 6.4''; and
(ii) by striking ``phase 6.5'' and inserting ``phase 5 and
phase 6.5''; and
(2) in subparagraph (B), by striking ``phase 6.2'' and
inserting ``phase 2 and phase 6.2''.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Director for Cost Estimating and
Program Evaluation of the National Nuclear Security
Administration shall submit to the congressional defense
committees a report containing recommendations to strengthen
governance, program execution, and program management
controls with respect to the process of the joint nuclear
weapons life cycle (as defined in section 4220 of the Atomic
Energy Defense Act (50 U.S.C. 2538b).
SEC. 3112. UNCOSTED AND UNOBLIGATED AMOUNTS OF NATIONAL
NUCLEAR SECURITY ADMINISTRATION.
Section 3251(b) of the National Nuclear Security
Administration Act (50 U.S.C. 2451(b)) is amended by adding
at the end the following new paragraph:
``(3) In the budget justification materials for each of
fiscal years 2022 through 2026 submitted to Congress in
support of each such budget, the Administrator shall include
a detailed description of the uncosted and unobligated
amounts that the Administrator maintains, listed by the year
for which the amounts were appropriated, including--
``(A) the gross uncosted and unobligated amounts for each
individual program element (using thresholds specified in the
report submitted by the Secretary of Energy to Congress
titled `Report on Uncosted Balances for Fiscal Year Ended
September 30, 2014'); and
``(B) an explanation for why the uncosted and unobligated
amounts have not been expended.''.
SEC. 3113. EXTENSION OF LIMITATION RELATING TO
RECLASSIFICATION OF HIGH-LEVEL WASTE.
Section 3121 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 133 Stat. 1953) is
amended by striking ``fiscal year 2020'' and inserting
``fiscal year 2020 or fiscal year 2021''.
SEC. 3114. EXTENSION OF PILOT PROGRAM ON UNAVAILABILITY FOR
OVERHEAD COSTS OF AMOUNTS SPECIFIED FOR
LABORATORY-DIRECTED RESEARCH AND DEVELOPMENT.
Section 3119 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 50 U.S.C. 2791 note) is
amended--
(1) in subsection (c)(2), by striking ``four'' and
inserting ``five''; and
(2) in subsection (d), by striking ``February 15, 2020''
and inserting ``December 31, 2020''.
SEC. 3115. PLUTONIUM PIT PRODUCTION.
(a) Independent Cost Estimate.--
(1) Requirement.--The Secretary of Energy shall conduct an
independent cost estimate of the Savannah River Plutonium
Processing Facility project in accordance with Department of
Energy Directive 413.3b, as in effect on the date of the
enactment of this Act.
(2) Confidence level.--The assessment under paragraph (1)
shall assign a percentage of confidence level with respect to
the Secretary being able to carry out the Facility project
within the estimated schedule and cost objectives.
(3) Submission.--The Secretary shall submit to the
congressional defense committees the independent cost
estimate under paragraph (1).
(b) Conditional Reports and Certifications.--
(1) Low confidence.--If the assessment under subsection (a)
assigns a confidence level below 90 percent pursuant to
paragraph (2) of such subsection--
(A) the Secretary shall submit to the congressional defense
committees the report described in paragraph (2); and
(B) the Commander of the United States Strategic Command
shall certify to such committees that either--
(i) the requirement to produce not less than 80 war reserve
plutonium pits during 2030 pursuant to section 4219 of the
Atomic Energy Defense Act (50 U.S.C. 2538a) cannot be
extended by up to five years without causing a grave threat
to the national security of the United States, taking into
account options for temporarily surging the
[[Page H3246]]
production of such pits at Los Alamos National Laboratory and
other mitigation strategies available to the Commander; or
(ii) such requirement can be so extended without causing a
grave threat to the national security of the United States.
(2) Report.--The report described in this paragraph is a
report by the Secretary that contains either of the
following:
(A) A certification by the Secretary, without delegation,
that, notwithstanding the confidence level contained in the
assessment under subsection (a), the Secretary has a
confidence level of 90 percent or greater with respect to
being able to carry out the Facility project within the
estimated schedule and cost objectives.
(B) If the Secretary cannot make the certification under
subparagraph (A), a plan by the Secretary to achieve such a
confidence level of 90 percent or greater, including with
respect to changing the costs, schedule, and scope of the
Facility project.
SEC. 3116. PROGRAM FOR RESEARCH AND DEVELOPMENT OF ADVANCED
NAVAL NUCLEAR FUEL SYSTEM BASED ON LOW-ENRICHED
URANIUM.
(a) Establishment.--Not later than 60 days after the date
of the enactment of this Act, the Administrator for Nuclear
Security shall establish a program to assess the viability of
using low-enriched uranium in naval nuclear propulsion
reactors, including such reactors located on aircraft
carriers and submarines, that meet the requirements of the
Navy.
(b) Activities.--In carrying out the program under
subsection (a), the Administrator shall carry out activities
to develop an advanced naval nuclear fuel system based on
low-enriched uranium, including activities relating to--
(1) down-blending of high-enriched uranium into low-
enriched uranium;
(2) manufacturing of candidate advanced low-enriched
uranium fuels;
(3) irradiation tests and post-irradiation examination of
these fuels; and
(4) modification or procurement of equipment and
infrastructure relating to such activities.
(c) Report.--Not later than 120 days after the date of the
enactment of this Act, the Administrator shall submit to the
congressional defense committees a plan outlining the
activities the Administrator will carry out under the program
established under subsection (a), including the funding
requirements associated with developing a low-enriched
uranium fuel.
SEC. 3117. INDEPENDENT STUDY ON EFFECTS OF USE OF NUCLEAR
WEAPONS.
(a) Study.--The Administrator for Nuclear Security shall
seek to enter into an agreement with the National Academies
of Sciences, Engineering, and Medicine under which the
National Academies conduct a study on the atmospheric effects
of nuclear explosions.
(b) Matters Included.--The study under subsection (a) shall
include the following:
(1) An evaluation of the non-fallout atmospheric effects of
likely and plausible scenarios for nuclear war, ranging from
relatively small, regional exchanges to large exchanges
associated with nuclear war between major powers.
(2) An examination of the effects evaluated under paragraph
(1) by--
(A) the yield, type, and number of nuclear weapons;
(B) the types and locations of targets;
(C) the time distribution of the explosions;
(D) the atmospheric conditions; and
(E) other factors that may have a significant impact on the
effects.
(3) An assessment of current models of nuclear explosions,
including with respect to--
(A) the fires such explosions may cause;
(B) the atmospheric transport of the gases from such
explosions;
(C) the radioactive material from such explosions; and
(D) the soot and other debris from such explosions and
fires, the atmospheric effects of such soot and debris, and
the consequences of such effects, including the consequences
relating to extreme weather, air pollution, stratospheric
ozone, agriculture, and marine and terrestrial ecosystems.
(4) Identification of the capabilities and limitations of
the models described in paragraph (3) for assessing the
impacts of nuclear war, including--
(A) an evaluation of the relevant uncertainties;
(B) a highlight of the key data gaps; and
(C) recommendations for how such models can be improved to
inform decision making.
(c) Report.--
(1) In general.--Not later than 18 months after the date of
the enactment of this Act, the National Academies shall
submit to the Administrator for National Security and the
congressional defense committees a report on the study under
subsection (a).
(2) Form.--The report under paragraph (1) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Information.--The Secretary of Defense shall provide to
the National Academies the information of the Department of
Defense necessary for the National Academies to conduct the
study under subsection (a), including information relating to
relevant scenarios described in subsection (b).
SEC. 3118. REPORTS ON DIVERSITY OF CERTAIN CONTRACTOR
EMPLOYEES OF NATIONAL NUCLEAR SECURITY
ADMINISTRATION.
(a) Annual Reports.--Not later than December 31, 2020, and
each year thereafter through 2022, the Administrator for
Nuclear Security shall submit to the congressional defense
committees a report on the diversity of contractor employees
of the National Nuclear Security Administration.
(b) Matters Included.--Subject to subsection (c), each
report under subsection (a) shall include, for each covered
element of the Administration, the following:
(1) With respect to the fiscal year covered by the report
and the previous fiscal year, demographic data of--
(A) the contractor employees of the covered element;
(B) the contractor employees hired at the covered element
during each such year; and
(C) the contractor employees of the covered element who
voluntarily separated during each such year.
(2) A breakdown of the data under paragraph (1) by each
position in the common occupational classification system.
(3) A description of the plan to increase diversity at the
covered element, and how such plan responds to any trends
identified with respect to the data under paragraph (1).
(4) An identification of the official of the covered
element responsible for implementing such plan and a
description of how the person determines whether the covered
element is meeting the goals of the plan.
(5) A description of the training resources relating to
diversity, equality, and inclusion are available to
contractor employees of the covered element with hiring
authority, and an identification of how many such contractor
employees have been trained.
(c) Data.--The Administrator shall carry out this section
using data that is--
(1) otherwise available to the Administrator and to the
management and operating contractors of the nuclear security
enterprise; and
(2) collected in accordance with applicable regulations of
the Equal Employment Opportunity Commission, regulations of
the Office of Federal Contract Compliance Programs of the
Department of Labor, and applicable provisions of Federal law
on privacy.
(d) Publication.--The Administrator shall make publicly
available on the internet website of the Department of Energy
each report under subsection (a), subject to the regulations
and Federal law specified in subsection (c)(2).
(e) Definitions.--In this section:
(1) The term ``contractor employee'' means an employee of a
management and operating contractor of the nuclear security
enterprise.
(2) The term ``covered element'' means each national
security laboratory and nuclear weapons production facility
(as such terms are defined in section 3281 of the National
Nuclear Security Administration Act (50 U.S.C. 2471)).
(3) The term ``nuclear security enterprise'' has the
meaning that term in section 3281 of the National Nuclear
Security Administration Act (50 U.S.C. 2471)).
SEC. 3119. FINDINGS, PURPOSE, AND APOLOGY RELATING TO FALLOUT
EMITTED DURING THE GOVERNMENT'S ATMOSPHERIC
NUCLEAR TESTS.
Section 2(a)(1) of the Radiation Exposure Compensation Act
(Public Law 101-426; 42 U.S.C. 2210 note) is amended by
inserting ``, including individuals in New Mexico, Idaho,
Colorado, Arizona, Utah, Texas, Wyoming, Oregon, Washington,
South Dakota, North Dakota, Nevada, Guam, and the Northern
Mariana Islands,'' after ``tests exposed individuals''.
SEC. 3120. SENSE OF CONGRESS REGARDING URANIUM MINING AND
NUCLEAR TESTING.
It is the sense of Congress that the United States should
compensate and recognize all of the miners, workers,
downwinders, and others suffering from the effects of uranium
mining and nuclear testing carried out during the Cold War.
TITLE XXXII--DEFENSE NUCLEAR FACILITIES SAFETY BOARD
SEC. 3201. AUTHORIZATION.
There are authorized to be appropriated for fiscal year
2021, $28,836,000 for the operation of the Defense Nuclear
Facilities Safety Board under chapter 21 of the Atomic Energy
Act of 1954 (42 U.S.C. 2286 et seq.).
TITLE XXXIV--NAVAL PETROLEUM RESERVES
SEC. 3401. AUTHORIZATION OF APPROPRIATIONS.
(a) Amount.--There are hereby authorized to be appropriated
to the Secretary of Energy $13,006,000 for fiscal year 2021
for the purpose of carrying out activities under chapter 869
of title 10, United States Code, relating to the naval
petroleum reserves.
(b) Period of Availability.--Funds appropriated pursuant to
the authorization of appropriations in subsection (a) shall
remain available until expended.
TITLE XXXV--MARITIME MATTERS
Subtitle A--Maritime Administration
SEC. 3501. AUTHORIZATION OF THE MARITIME ADMINISTRATION.
(a) Fiscal Year 2021 Authorization.--There are authorized
to be appropriated to the Department of Transportation for
fiscal year 2021, to be available without fiscal year
limitation if so provided in appropriations Acts, for
programs associated with maintaining the United States
merchant marine, the following amounts:
(1) For expenses necessary for operations of the United
States Merchant Marine Academy, $81,944,000, of which--
(A) $76,444,000 shall be for Academy operations; and
(B) $5,500,000 shall remain available until expended for
capital asset management at the Academy.
(2) For expenses necessary to support the State maritime
academies, $37,700,000, of which--
(A) $2,400,000 shall remain available until September 30,
2021, for the Student Incentive Program; and
(B) $30,500,000 shall remain available until expended for
maintenance and repair of State maritime academy training
vessels.
(3) For expenses necessary to support the National Security
Multi-Mission Vessel Program,
[[Page H3247]]
$388,815,000, which shall remain available until expended.
(4) For expenses necessary to support Maritime
Administration operations and programs, $55,853,000.
(5) For expenses necessary to dispose of vessels in the
National Defense Reserve Fleet, $4,200,000, which shall
remain available until expended.
(6) For expenses necessary to maintain and preserve a
United States flag merchant marine to serve the national
security needs of the United States under chapter 531 of
title 46, United States Code, $494,008,000.
(7) For expenses necessary for the loan guarantee program
authorized under chapter 537 of title 46, United States Code,
$33,000,000, of which--
(A) $30,000,000 may be used for the cost (as defined in
section 502(5) of the Federal Credit Reform Act of 1990 (2
U.S.C. 661a(5))) of loan guarantees under the program; and
(B) $3,000,000 may be used for administrative expenses
relating to loan guarantee commitments under the program.
(8) For expenses necessary to provide small shipyards and
maritime communities grants under section 54101 of title 46,
United States Code, $20,000,000.
(b) Amount of Fiscal Year 2021 Contractor Payments Under
Operating Agreements.--Section 53106(a)(1)(B) of title 46,
United States Code, is amended by striking ``$5,233,463'' and
inserting ``$8,233,463''.
(c) Conforming Amendment.--Section 53111(2) of title 46,
United States Code, is amended by striking ``$314,007,780''
and inserting ``$494,008,000''.
SEC. 3502. SENSE OF CONGRESS REGARDING ROLE OF DOMESTIC
MARITIME INDUSTRY IN NATIONAL SECURITY.
(a) Findings.--Congress makes the following findings:
(1) The United States domestic maritime industry, with a
fleet of nearly 40,000 vessels, supports nearly 650,000
American jobs and provides more than $150,000,000 in annual
economic output.
(2) The vessel innovations of the domestic trades that
transformed worldwide maritime commerce include the
development of container ships, self-unloading vessels,
articulated tug-barges, trailer barges, chemical parcel
tankers, railroad-on-barge carfloats, and river flotilla
towing systems.
(3) The domestic fleet is essential to national security is
needed to crew United States Government-owned and other
sealift vessels to protect the Nation.
(4) The Department of Defense and the entire national
security infrastructure of the United States benefits from a
robust commercial shipyard and ship repair industry, which
helps provide both economic and military sealift support.
(5) The Department of Defense depends on the United States
domestic trades' fleet of container ships, roll-on/roll-off
ships, product tankers, and other vessels to assist with the
flow of military cargoes during both peace time and war time.
(b) Sense of Congress.--It is the sense of Congress that--
(1) United States coastwise trade laws promote a strong
domestic trade maritime industry, which supports the national
security and economic vitality of the United States and the
efficient operation of the United States transportation
system; and
(2) a strong commercial maritime industry makes the United
States more secure.
SEC. 3503. NONAPPLICABILITY OF REQUIREMENT RELATING TO
MINIMUM NUMBER OF OPERATING DAYS FOR VESSELS
OPERATING UNDER MSP OPERATING AGREEMENTS.
Notwithstanding part 296 of title 46, Code of Federal
Regulations, until December 31, 2020, or upon the written
determination of the Secretary of Transportation until June
31, 2021, the operator of a vessel operating such vessel
under an MSP Operating Agreement (as such term is defined in
section 296.2 of title 46, Code of Federal Regulations)--
(1) shall not be required to comply with any requirement
with respect to operating days (as such term is defined in
such section) contained in such agreement; and
(2) shall maintain such vessel in a state of operational
readiness, including through the employment of the vessel's
crew complement, until the applicable date.
SEC. 3504. IMPROVEMENTS TO PROCESS FOR WAIVING NAVIGATION AND
VESSEL-INSPECTION LAWS.
(a) Improvements to Waiver Process.--Section 501 of title
46, United States Code, is amended--
(1) in subsection (a), by adding ``to address an immediate
adverse effect on military operations'' after ``national
defense'';
(2) in subsection (b)--
(A) by redesignating paragraphs (2) and (3) as paragraphs
(3) and (4), respectively;
(B) by inserting after paragraph (1) the following new
paragraph:
``(2) Duration of waiver.--
``(A) In general.--Subject to subparagraphs (B) and (C), a
waiver issued under this subsection shall be for a period of
not more than 10 days.
``(B) Waiver extension.--Upon the termination of the period
of a waiver issued under this subsection, the head of an
agency may extend the waiver for an additional period of not
more than 10 days, if the Maritime Administrator makes the
determinations referred to in paragraph (1).
``(C) Aggregate duration.--The aggregate duration of the
period of all waivers and extensions of waivers under this
subsection with respect to any one set of events shall not
exceed 45 days.''; and
(C) in paragraph (4), as so redesignated--
(i) in subparagraph (B)(ii), by striking ``paragraph
(2)(A)'' and inserting ``paragraph (3)(A)''; and
(ii) by adding at the end the following new subparagraph:
``(C) Notification required for extensions.--For purposes
of this paragraph, an extension requested or issued under
paragraph (2)(B) shall be treated in the same manner as a
waiver requested or issued under this section.'';
(3) by redesignating subsection (c) as subsection (d); and
(4) by inserting after subsection (b) the following new
subsection:
``(c) Report.--
``(1) In general.--Not later than 10 days after the date of
the conclusion of the voyage of a vessel that, during such
voyage, operated under a waiver issued under this section,
the owner or operator of the vessel shall submit to the
Maritime Administrator a report that includes--
``(A) the name and flag of the vessel;
``(B) the dates of the voyage;
``(C) any relevant ports of call; and
``(D) any other information the Maritime Administrator
determines necessary.
``(2) Publication.--Not later than 48 hours after receiving
a report under paragraph (1), the Maritime Administrator
shall publish such report on an appropriate website of the
Department of Transportation.''.
(b) Applicability.--The amendments made by this section
shall apply with respect to waivers issued after the date of
the enactment of this Act.
Subtitle B--Tanker Security Fleet
SEC. 3511. TANKER SECURITY FLEET.
(a) In General.--Part C of subtitle V of title 46, United
States Code, is amended by inserting after chapter 531 the
following new chapter:
``CHAPTER 532--TANKER SECURITY FLEET
``53201. Definitions.
``53202. Establishment of the Tanker Security Fleet.
``53203. Vessel standards.
``53204. Award of operating agreements.
``53205. Effectiveness of operating agreements.
``53206. Obligations and rights under operating agreements.
``53207. Payments.
``53208. National security requirements.
``53209. Regulatory relief.
``53210. Special rule regarding age of participating Fleet vessels.
``53211. Regulations.
``53212. Authorization of appropriations.
``53213. Acquisition of Fleet vessels.
``Sec. 53201. Definitions
``In this chapter:
``(1) Foreign commerce.--The term `foreign commerce'
means--
``(A) commerce or trade between the United States, its
territories or possessions, or the District of Columbia, and
a foreign country; and
``(B) commerce or trade between foreign countries including
trade between foreign ports in accordance with normal
commercial bulk shipping practices in such a manner as will
permit vessels of the United States freely to compete with
foreign-flag liquid bulk carrying vessels in their operation
or in competing charters, subject to rules and regulations
promulgated by the Secretary of Transportation pursuant to
this chapter or subtitle.
``(2) Participating fleet vessel.--The term `participating
Fleet vessel' means any tank vessel covered by an operating
agreement under this chapter on or after January 1, 2021.
``(3) Person.--The term `person' includes corporations,
partnerships, and associations existing under, or authorized
by, laws of the United States, or any State, territory,
district, or possession thereof, or any foreign country.
``(4) Tank vessel.--The term `tank vessel' has the meaning
that term has under section 2101.
``(5) United states citizen trust.--The term `United States
citizen trust'--
``(A) means a trust for which--
``(i) each of the trustees is a citizen of the United
States; and
``(ii) the application for documentation of the vessel
under chapter 121 includes an affidavit of each trustee
stating that the trustee is not aware of any reason involving
a beneficiary of the trust that is not a citizen of the
United States, or involving any other person who is not a
citizen of the United States, as a result of which the
beneficiary or other person would hold more than 25 percent
of the aggregate power to influence or limit the exercise of
the authority of the trustee with respect to matters
involving any ownership or operation of the vessel that may
adversely affect the interests of the United States;
``(B) does not include a trust for which any person that is
not a citizen of the United States has authority to direct,
or participate in directing, a trustee for a trust in matters
involving any ownership or operation of the vessel that may
adversely affect the interests of the United States or in
removing a trustee without cause, either directly or
indirectly through the control of another person, unless the
trust instrument provides that persons who are not citizens
of the United States may not hold more than 25 percent of the
aggregate authority to so direct or remove a trustee; and
``(C) may include a trust for which a person who is not a
citizen of the United States holds more than 25 percent of
the beneficial interest in the trust.
``Sec. 53202. Establishment of the Tanker Security Fleet
``(a) In General.--The Secretary of Transportation, in
consultation with the Secretary of Defense, shall establish a
fleet of active, commercially viable, militarily useful,
privately owned product tankers to meet national defense and
other security requirements and maintain a
[[Page H3248]]
United States presence in international commercial shipping.
The fleet shall consist of privately owned vessels of the
United States for which there are in effect operating
agreements under this chapter, and shall be known as the
`Tanker Security Fleet' (hereinafter in this chapter referred
to as the `Fleet').
``(b) Vessel Eligibility.--A vessel is eligible to be
included in the Fleet if the vessel--
``(1) meets the requirements under paragraph (1), (2), (3),
or (4) of subsection (c);
``(2) is operated (or in the case of a vessel to be
constructed, will be operated) in providing transportation in
United States foreign commerce;
``(3) is self-propelled;
``(4) is not more than ten years of age on the date the
vessel is first included in the Fleet and not more than 25
years of age at any time during which the vessel is included
in the Fleet;
``(5) is determined by the Secretary of Defense to be
suitable for use by the United States for national defense or
military purposes in time of war or national emergency; and
``(6) is commercially viable, as determined by the
Secretary of Transportation; and
``(7) is--
``(A) a vessel of the United States; or
``(B) not a vessel of the United States, but--
``(i) the owner of the vessel has demonstrated an intent to
have the vessel documented under chapter 121 if it is
included in the Fleet; and
``(ii) at the time an operating agreement is entered into
under this chapter, the vessel is eligible for documentation
under chapter 121.
``(c) Requirements Regarding Citizenship of Owners,
Charterers, and Operators.--
``(1) Vessels owned and operated by section 50501
citizens.--A vessel meets the requirements of this paragraph
if, during the period of an operating agreement under this
chapter that applies to the vessel, the vessel will be owned
and operated by one or more persons that are citizens of the
United States under section 50501.
``(2) Vessels owned by a section 50501 citizen, or united
states citizen trust, and chartered to a documentation
citizen.--A vessel meets the requirements of this paragraph
if--
``(A) during the period of an operating agreement under
this chapter that applies to the vessel, the vessel will be--
``(i) owned by a person that is a citizen of the United
States under section 50501 or that is a United States citizen
trust; and
``(ii) demise chartered to a person--
``(I) that is eligible to document the vessel under chapter
121;
``(II) the chairman of the board of directors, chief
executive officer, and a majority of the members of the board
of directors of which are citizens of the United States under
section 50501, and are appointed and subjected to removal
only upon approval by the Secretary; and
``(III) that certifies to the Secretary that there are no
treaties, statutes, regulations, or other laws that would
prohibit the owner or operator for the vessel from performing
its obligations under an operating agreement under this
chapter;
``(B) in the case of a vessel that will be demise chartered
to a person that is owned or controlled by another person
that is not a citizen of the United States under section
50501, the other person enters into an agreement with the
Secretary not to influence the operation of the vessel in a
manner that will adversely affect the interests of the United
States; and
``(C) the Secretary of Transportation and the Secretary of
Defense notify the Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Armed Services and the Committee
on Transportation and Infrastructure of the House of
Representatives that the Secretaries concur with the
certification required under subparagraph (A)(ii)(III), and
have reviewed and agree that there are no legal, operational,
or other impediments that would prohibit the owner or
operator for the vessel from performing its obligations under
an operating agreement under this chapter.
``(3) Vessels owned and operated by a defense owner or
operator.--A vessel meets the requirements of this paragraph
if--
``(A) during the period of an operating agreement under
this chapter that applies to the vessel, the vessel will be
owned and operated by a person that--
``(i) is eligible to document a vessel under chapter 121;
``(ii) operates or manages other vessels of the United
States for the Secretary of Defense, or charters other
vessels to the Secretary of Defense;
``(iii) has entered into a special security agreement for
the purpose of this paragraph with the Secretary of Defense;
``(iv) makes the certification described in paragraph
(2)(A)(ii)(III); and
``(v) in the case of a vessel described in paragraph
(2)(B), enters into an agreement referred to in that
subparagraph; and
``(B) the Secretary of Transportation and the Secretary of
Defense notify the Committee on Armed Services and the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Armed Services and the Committee
on Transportation and Infrastructure of the House of
Representatives that they concur with the certification
required under subparagraph (A)(iv), and have reviewed and
agree that there are no legal, operational, or other
impediments that would prohibit the owner or operator for the
vessel from performing its obligations under an operating
agreement under this chapter.
``(4) Vessels owned by documentation citizens and chartered
to section 50501 citizens.--A vessel meets the requirements
of this paragraph if, during the period of an operating
agreement under this chapter, the vessel will be--
``(A) owned by a person who is eligible to document a
vessel under chapter 121; and
``(B) demise chartered to a person that is a citizen of the
United States under section 50501.
``(d) Request by Secretary of Defense.--The Secretary of
Defense shall request that the Commandant of the Coast Guard
issue any waiver under section 501 that the Secretary of
Defense determines is necessary for purposes of this chapter.
``(e) Vessel Standards.--
``(1) Certificate of inspection.--A vessel used to provide
oceangoing transportation that the Commandant of the Coast
Guard determines meets the criteria of subsection (b) but
which, on the date of enactment of this section, is not
documented under chapter 121, shall be eligible for a
certificate of inspection if the Commandant of the Coast
Guard determines that--
``(A) the vessel is classed by and designed in accordance
with the rules of the American Bureau of Shipping, or another
classification society accepted by the Commandant of the
Coast Guard;
``(B) the vessel complies with applicable international
agreements and associated guidelines, as determined by the
country in which the vessel was documented immediately before
becoming documented under chapter 121; and
``(C) the country has not been identified by the Commandant
of the Coast Guard as inadequately enforcing international
vessel regulations as to that vessel.
``(2) Reliance on classification society.--
``(A) In general.--The Commandant of the Coast Guard may
rely on a certification from the American Bureau of Shipping
or, subject to subparagraph (B), another classification
society accepted by the Commandant of the Coast Guard, to
establish that a vessel is in compliance with the
requirements of paragraph (1).
``(B) Foreign classification society.--The Secretary may
accept certification from a foreign classification society
under subparagraph (A) only--
``(i) to the extent that the government of the foreign
country in which the society is headquartered provides access
on a reciprocal basis to the American Bureau of Shipping; and
``(ii) if the foreign classification society has offices
and maintains records in the United States.
``Sec. 53203. Vessel standards
``(a) Certificate of Inspection.--A vessel used to provide
transportation service as a common carrier that the Secretary
of Transportation determines meets the criteria of section
53102(b), which on the date of enactment of this section is
not a documented vessel, shall be eligible for a certificate
of inspection if the Secretary determines that--
``(1) the vessel is classed by and designed in accordance
with the rules of the American Bureau of Shipping or another
classification society accepted by the Secretary;
``(2) the vessel complies with applicable international
agreements and associated guidelines, as determined by the
country in which the vessel was documented immediately before
becoming a documented vessel (as defined in that section);
and
``(3) that country has not been identified by the Secretary
as inadequately enforcing international vessel regulations as
to that vessel.
``(b) Continued Eligibility for Certificate.--Subsection
(a) does not apply to any vessel that has failed to comply
with the applicable international agreements and association
guidelines referred to in subsection (a)(2).
``(c) Reliance on Classification Society.--
``(1) In general.--The Secretary may rely on a
certification from the American Bureau of Shipping or,
subject to paragraph (2), another classification society
accepted by the Secretary, to establish that a vessel is in
compliance with the requirements of subsections (a) and (b).
``(2) Foreign classification society.--The Secretary may
accept certification from a foreign classification society
under paragraph (1) only--
``(A) to the extent that the government of the foreign
country in which the society is headquartered provides access
on a reciprocal basis to the American Bureau of Shipping; and
``(B) if the foreign classification society has offices and
maintains records in the United States.
``Sec. 53204. Award of operating agreements
``(a) In General.--The Secretary of Transportation shall
require, as a condition of including any vessel in the Fleet,
that the owner or operator of the vessel enter into an
operating agreement with the Secretary under this section.
``(b) Procedure for Applications.--
``(1) Participating fleet vessels.--
``(A) In general.--The Secretary of Transportation shall
accept an application for an operating agreement for a
participating Fleet vessel under the priority under paragraph
(2) only from a person that has authority to enter into an
operating agreement under this chapter.
``(B) Vessel under demise charter.--For purposes of
subparagraph (A), in the case of a vessel that is subject to
a demise charter that terminates by its own terms on
September 30, 2035 (without giving effect to any extension
provided therein for completion of a voyage or to effect the
actual redelivery of the vessel), or that is terminable at
the will of the owner of the vessel after such date, only the
owner of the vessel shall be treated as having the authority
referred to in subparagraph (A).
``(C) Vessel owned by a united states citizen trust.--For
purposes of subparagraph (B), in the case of a vessel owned
by a United States citizen trust, the term `owner of the
vessel' includes the beneficial owner of the vessel with
respect to such trust.
``(2) Discretion within priority.--The Secretary of
Transportation--
[[Page H3249]]
``(A) may award operating agreements under paragraph (1)
according to such priorities as the Secretary considers
appropriate; and
``(B) shall award operating agreements within any such
priority--
``(i) in accordance with operational requirements specified
by the Secretary of Defense;
``(ii) in the case of operating agreements awarded under
subparagraph (B) of paragraph (1), according to applicants'
records of owning and operating vessels; and
``(iii) subject to approval of the Secretary of Defense.
``(c) Limitation.--For any fiscal year, the Secretary may
not award operating agreements under this chapter that
require payments under section 53207 for more than 10
vessels.
``Sec. 53205. Effectiveness of operating agreements
``(a) In General.--Subject to the availability of
appropriations for such purpose, the Secretary of
Transportation may enter into an operating agreement under
this chapter for fiscal year 2021 and any subsequent fiscal
year. Each such agreement may be renewed annually for up to
seven years.
``(b) Vessels Under Charter to the United States.--The
owner or operator of a vessel under charter to the United
States is eligible to receive payments pursuant to any
operating agreement that covers such vessel.
``(c) Termination.--
``(1) Termination by secretary for lack of owner or
operator compliance.--If the owner or operator with respect
to an operating agreement materially fails to comply with the
terms of the agreement--
``(A) the Secretary shall notify the owner or operator and
provide a reasonable opportunity to comply with the operating
agreement; and
``(B) the Secretary shall terminate the operating agreement
if the owner or operator fails to achieve such compliance.
``(2) Termination by owner or operator.--
``(A) In general.--If an owner or operator provides notice
of the intent to terminate an operating agreement under this
chapter by not later than 60 days prior to the date specified
by the owner or operator for such termination, such agreement
shall terminate on the date specified by the owner or
operator.
``(B) Replacement.--An operating agreement with respect to
a vessel shall terminate on the date that is three years
after the date on which the vessel begins operating under the
agreement, if--
``(i) the owner or operator notifies the Secretary, by not
later than two years after the date the vessel begins
operating under the agreement, that the owner or operator
intends to terminate the agreement under this subparagraph;
and
``(ii) the Secretary of Transportation, in coordination
with the Secretary of Defense, determines that--
``(I) an application for an operating agreement under this
chapter has been received for a replacement vessel that is
acceptable to the Secretaries; and
``(II) during the period of an operating agreement under
this chapter that applies to the replacement vessel, the
replacement vessel will be--
``(aa) owned and operated by one or more persons that are
citizens of the United States under section 50501; or
``(bb) owned by a person who is eligible to document the
vessel under chapter 121, and operated by a person that is a
citizen of the United States under section 50501.
``(d) Nonrenewal for Lack of Funds.--
``(1) In general.--If sufficient funds are not made
available to carry out an operating agreement under this
chapter--
``(A) the Secretary of Transportation shall submit to the
Committee on Armed Services and the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Armed Services and the Committee on Transportation and
Infrastructure of the House of Representatives notice that
such agreement shall be not renewed effective on the 60th day
of the fiscal year, unless such funds are made available
before such day; and
``(B) effective on the 60th day of such fiscal year,
terminate such agreement and provide notice of such
termination to the owner or operator of the vessel covered by
the agreement.
``(2) Release of vessels from obligations.--If an operating
agreement for a vessel under this chapter is not renewed
pursuant to paragraph (1), then the owner or operator of the
vessel is released from any further obligation under the
operating agreement as of the date of such termination or
nonrenewal.
``(3) Foreign transfer and registration.--The owner or
operator of a vessel covered by an operating agreement under
this chapter may transfer and register such vessel under a
foreign registry that is acceptable to the Secretary and the
Secretary of Defense, notwithstanding section 53201.
``(4) Requisition.--If chapter 563 is applicable to a
vessel after registration, then the vessel is available to be
requisitioned by the Secretary pursuant to chapter 563.
``Sec. 53206. Obligations and rights under operating
agreements
``(a) Operation of Vessel.--An operating agreement under
this chapter shall require that, during the period the vessel
covered by the agreement is operating under the agreement the
vessel shall--
``(1) be operated in the United States foreign commerce,
mixed United States foreign commerce and domestic trade
allowed under a registry endorsement issued under section
12111, in foreign-to-foreign commerce, or under a charter to
the United States;
``(2) not be operated in the coastwise trade except as
described in paragraph (1); and
``(3) be documented under chapter 121.
``(b) Operating Agreement Is an Obligation of the United
States Government.--An operating agreement under this chapter
constitutes a contractual obligation of the United States
Government to pay the amounts provided for in the agreement
to the extent of actual appropriations.
``(c) Obligations of Owner or Operator.--
``(1) In general.--The owner or operator of a vessel
covered by an operating agreement under this chapter shall
agree, as a condition of such agreement, to remain obligated
to carry out the requirements described in paragraph (2)
until the termination date specified in the agreement, even
in the case of early termination of the agreement under
section 53205(c). This subsection shall not apply in the case
of an operating agreement terminated for lack of funds under
section 53205(d).
``(2) Requirements.--The requirements described in this
paragraph are the following:
``(A) To continue the documentation of the vessel under
chapter 121.
``(B) To be bound by the requirements of section 53208.
``(C) That all terms and conditions of an emergency
preparedness agreement entered into under section 53208 shall
remain in effect, except that the terms of such emergency
preparedness agreement may be modified by the mutual consent
of the owner or operator, the Secretary and the Secretary of
Defense as provided in such section.
``(d) Transfer of Operating Agreements.--The owner or
operator of a vessel covered by an operating agreement under
this chapter may transfer that agreement (including all
rights and obligations under the agreement) to any person
that is eligible to enter into that operating agreement under
this chapter, if the transfer is approved by the Secretary of
Transportation and the Secretary of Defense.
``(e) Replacement of Vessels Covered by Agreements.--An
owner or operator of a vessel covered by an operating
agreement under this chapter may replace the vessel with
another vessel that is eligible to be included in the Fleet
under section 53202(b), if the Secretary of Transportation,
in coordination with the Secretary of Defense, approves the
replacement of the vessel. In selecting a replacement vessel,
the owner or operator shall give primary consideration to--
``(1) the commercial viability of the vessel;
``(2) the utility of the vessel with respect to the
operating requirements of the owner or operator; and
``(3) ensuring that the commercial and military utility of
any replacement vessel is not less than that of the initial
vessel.
``Sec. 53207. Payments
``(a) Annual Payment.--Subject to the availability of
appropriations for such purpose and the other provisions of
this chapter, the Secretary shall pay to the owner or
operator of a vessel covered by an operating agreement under
this chapter an amount equal to $6,000,000 for each vessel
covered by the agreement for each fiscal year that the vessel
is covered by the agreement. Such amount shall be paid in
equal monthly installments on the last day of each month. The
amount payable under this subsection may not be reduced
except as provided by this section.
``(b) Certification Required for Payment.--As a condition
of receiving payment under this section for a fiscal year for
a vessel, the owner or operator of the vessel shall certify,
in accordance with regulations issued by the Secretary, that
the vessel has been and will be operated in accordance with
section 53206 for at least 320 days during the fiscal year.
Days during which the vessel is drydocked, surveyed,
inspected, or repaired shall be considered days of operation
for purposes of this subsection.
``(c) General Limitations.--The Secretary may not make any
payment under this chapter for a vessel with respect to any
days for which the vessel is--
``(1) not operated or maintained in accordance with an
operating agreement under this chapter; or
``(2) more than 25 years of age.
``(d) Reductions in Payments.--With respect to payments
under this chapter for a vessel covered by an operating
agreement, the Secretary--
``(1) except as provided in paragraph (2), may not reduce
such a payment for the operation of the vessel to carry
military or other preference cargoes under section 55302(a),
55304, 55305, or 55314, section 2631 of title 10, or any
other cargo preference law of the United States;
``(2) may not make such a payment for any day that the
vessel is engaged in transporting more than 7,500 tons of
civilian bulk preference cargoes pursuant to section
55302(a), 55305, or 55314, that is bulk cargo; and
``(3) shall make a pro rata reduction for each day less
than 320 in a fiscal year that the vessel is not operated in
accordance with section 53206.
``(e) Limitations Regarding Noncontiguous Domestic Trade.--
``(1) In general.--No owner or operator shall receive
payments pursuant to this chapter during a period in which it
participates in noncontiguous domestic trade.
``(2) Limitation on application.--Paragraph (1) shall not
apply to a owner or operator that is a citizen of the United
States within the meaning of section 50501, applying the 75
percent ownership requirement of that section.
``(3) Participates in a noncontiguous trade defined.--In
this subsection the term `participates in a noncontiguous
domestic trade' means directly or indirectly owns, charters,
or operates a vessel engaged in transportation of cargo
between a point in the contiguous 48 States and a point in
Alaska, Hawaii, or Puerto Rico, other than a point in Alaska
north of the Arctic Circle.
[[Page H3250]]
``Sec. 53208. National security requirements
``(a) Emergency Preparedness Agreement Required.--The
Secretary of Transportation, in coordination with the
Secretary of Defense, shall establish an emergency
preparedness program under this section under which the owner
or operator of a vessel covered by an operating agreement
under this chapter shall agree, as a condition of the
operating agreement, to enter into an emergency preparedness
agreement with the Secretaries. Each such emergency
preparedness agreement shall be entered into as promptly as
practicable after the owner or operator has entered into the
operating agreement.
``(b) Terms of Agreement.--The terms of an agreement under
this section--
``(1) shall provide that upon request by the Secretary of
Defense during time of war or national emergency, or whenever
determined by the Secretary of Defense to be necessary for
national security or contingency operation (as that term is
defined in section 101 of title 10), the owner or operator
shall make available commercial transportation resources
(including services) described in subsection (d) to the
Secretary of Defense;
``(2) shall include such additional terms as may be
established by the Secretary of Transportation and the
Secretary of Defense; and
``(3) shall allow for the modification or addition of terms
upon agreement by the Secretary of Transportation and the
owner or operator and the approval by the Secretary of
Defense.
``(c) Participation After Expiration of Operating
Agreement.--Except as provided by section 53206, the
Secretary may not require, through an emergency preparedness
agreement or an operating agreement, that an owner or
operator of a vessel covered by an operating agreement
continue to participate in an emergency preparedness
agreement after the operating agreement has expired according
to its terms or is otherwise no longer in effect. After the
expiration of an emergency preparedness agreement, a owner or
operator may voluntarily continue to participate in the
agreement.
``(d) Resources Made Available.--The commercial
transportation resources to be made available under an
emergency preparedness agreement shall include vessels or
capacity in vessels, terminal facilities, management
services, and other related services, or any agreed portion
of such nonvessel resources for activation as the Secretary
of Defense may determine to be necessary, seeking to minimize
disruption of the owner or operator's service to commercial
customers.
``(e) Compensation.--
``(1) In general.--Each emergency preparedness agreement
under this section shall provide that the Secretary of
Defense shall pay fair and reasonable compensation for all
commercial transportation resources provided pursuant to this
section.
``(2) Specific requirements.--Compensation under this
subsection--
``(A) shall not be less than the owner or operator's
commercial market charges for like transportation resources;
``(B) shall be fair and reasonable considering all
circumstances;
``(C) shall be provided from the time that a vessel or
resource is required by the Secretary of Defense until the
time it is redelivered to the owner or operator and is
available to reenter commercial service; and
``(D) shall be in addition to and shall not in any way
reflect amounts payable under section 53207.
``(f) Temporary Replacement Vessels.--Notwithstanding
section 55302(a), 55304, 55305, or 55314, section 2631 of
title 10, or any other cargo preference law of the United
States--
``(1) an owner or operator may operate or employ in foreign
commerce a foreign-flag vessel or foreign-flag vessel
capacity as a temporary replacement for a vessel of the
United States or vessel of the United States capacity that is
activated by the Secretary of Defense under an emergency
preparedness agreement or a primary Department of Defense
sealift readiness program; and
``(2) such replacement vessel or vessel capacity shall be
eligible during the replacement period to transport
preference cargoes subject to sections 55302(a), 55304,
55305, and 55314 and section 2631 of title 10 to the same
extent as the eligibility of the vessel or vessel capacity
replaced.
``(g) Redelivery and Liability of the United States for
Damages.--
``(1) In general.--All commercial transportation resources
activated under an emergency preparedness agreement shall,
upon termination of the period of activation, be redelivered
to the owner or operator in the same good order and condition
as when received, less ordinary wear and tear, or the
Secretary of Defense shall fully compensate the owner or
operator for any necessary repair or replacement.
``(2) Limitation on united states liability.--Except as may
be expressly agreed in an emergency preparedness agreement,
or as otherwise provided by law, the Government shall not be
liable for disruption of an owner or operator's commercial
business or other consequential damages to an owner or
operator arising from the activation of commercial
transportation resources under an emergency preparedness
agreement.
``Sec. 53209. Regulatory relief
``(a) Operation in Foreign Commerce.--An owner or operator
for a vessel included in an operating agreement under this
chapter may operate the vessel in the foreign commerce of the
United States without restriction.
``(b) Other Restrictions.--The restrictions of section
55305(a) concerning the building, rebuilding, or
documentation of a vessel in a foreign country shall not
apply to a vessel for any day the operator of the vessel is
receiving payments for the operation of that vessel under an
operating agreement under this chapter.
``(c) Telecommunications Equipment.--The telecommunications
and other electronic equipment on an existing vessel that is
redocumented under the laws of the United States for
operation under an operating agreement under this chapter
shall be deemed to satisfy all Federal Communications
Commission equipment certification requirements, if--
``(1) such equipment complies with all applicable
international agreements and associated guidelines as
determined by the country in which the vessel was documented
immediately before becoming documented under the laws of the
United States;
``(2) that country has not been identified by the Secretary
as inadequately enforcing international regulations as to
that vessel; and
``(3) at the end of its useful life, such equipment shall
be replaced with equipment that meets Federal Communications
Commission equipment certification standards.
``Sec. 53210. Special rule regarding age of participating
Fleet vessels
``Any age restriction under section 53202(b)(4) shall not
apply to a participating Fleet vessel during the 30-month
period beginning on the date the vessel begins operating
under an operating agreement under this chapter, if the
Secretary of Transportation determines that the owner or
operator of the vessel has entered into an arrangement to
obtain and operate under the operating agreement for the
participating Fleet vessel a replacement vessel that, upon
commencement of such operation, will be eligible to be
included in the Fleet under section 53202(b).
``Sec. 53211. Regulations
``The Secretary of Transportation and the Secretary of
Defense may each prescribe rules as necessary to carry out
their respective responsibilities under this chapter.
``Sec. 53212. Authorization of appropriations
``There is authorized to be appropriated for payments under
section 53207, $60,000,000 for each of fiscal years 2021
through 2035, to remain available until expended.
``Sec. 53213. Acquisition of Fleet vessels
``(a) In General.--Upon replacement of a Fleet vessel under
an operating agreement under this chapter, and subject to
agreement by the owner or operator of the vessel, the
Secretary of Transportation may, subject to the concurrence
of the Secretary of Defense, acquire the vessel being
replaced for inclusion in the National Defense Reserve Fleet.
``(b) Requirements.--To be eligible for acquisition by the
Secretary of Transportation under this section a vessel
shall--
``(1) have been covered by an operating agreement under
this chapter for not less than three years; and
``(2) meet recapitalization requirements for the Ready
Reserve Force.
``(c) Fair Market Value.--A fair market value shall be
established by the Maritime Administration for acquisition of
an eligible vessel under this section.
``(d) Appropriations.--Vessel acquisitions under this
section shall be subject to the availability of
appropriations. Amounts made available to carry out this
section shall be derived from amounts authorized to be
appropriated for the National Defense Reserve Fleet. Amounts
authorized to be appropriated to carry out the Maritime
Security Program may not be use to carry out this section.''.
(b) Clerical Amendment.--The table of chapters for subtitle
VII of title 46, United States Code, is amended by adding at
the end the following:
``532. Tanker Security Fleet...............................53201''.....
(c) Deadline for Accepting Applications.--
(1) In general.--The Secretary of Transportation shall
begin accepting applications for enrollment of vessels in the
Tanker Security Fleet established under chapter 532 of title
46, United States Code, as added by subsection (a), by not
later than 30 days after the date of the enactment of this
Act.
(2) Approval.--Not later than 90 days after receipt of an
application for the enrollment of a vessel in the Tanker
Security Fleet, the Secretary, in coordination with the
Secretary of Defense, shall--
(A) approve the application and enter into an operating
agreement with the applicant; or
(B) provide to the applicant a written explanation for the
denial of the application.
DIVISION D--FUNDING TABLES
SEC. 4001. AUTHORIZATION OF AMOUNTS IN FUNDING TABLES.
(a) In General.--Whenever a funding table in this division
specifies a dollar amount authorized for a project, program,
or activity, the obligation and expenditure of the specified
dollar amount for the project, program, or activity is hereby
authorized, subject to the availability of appropriations.
(b) Merit-based Decisions.--A decision to commit, obligate,
or expend funds with or to a specific entity on the basis of
a dollar amount authorized pursuant to subsection (a) shall--
(1) be based on merit-based selection procedures in
accordance with the requirements of sections 2304(k) and 2374
of title 10, United States Code, or on competitive
procedures; and
(2) comply with other applicable provisions of law.
(c) Relationship to Transfer and Programming Authority.--An
amount specified in the funding tables in this division may
be transferred or reprogrammed under a transfer or
reprogramming authority provided by another provision of this
Act or by other law. The transfer or reprogramming of an
amount specified in such funding tables shall not count
against a ceiling on such transfers or reprogrammings
[[Page H3251]]
under section 1001 or section 1512 of this Act or any other
provision of law, unless such transfer or reprogramming would
move funds between appropriation accounts.
(d) Applicability to Classified Annex.--This section
applies to any classified annex that accompanies this Act.
(e) Oral and Written Communications.--No oral or written
communication concerning any amount specified in the funding
tables in this division shall supersede the requirements of
this section.
TITLE XLI--PROCUREMENT
SEC. 4101. PROCUREMENT.
------------------------------------------------------------------------
SEC. 4101. PROCUREMENT (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 House
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
FIXED WING
002 MQ-1 UAV............. 75,000
Additional [75,000]
aircraft.
003 FUTURE UAS FAMILY.... 1,100 1,100
004 RQ-11 (RAVEN)........ 20,851 20,851
ROTARY
007 AH-64 APACHE BLOCK 792,027 792,027
IIIA REMAN.
008 AH-64 APACHE BLOCK 169,460 169,460
IIIA REMAN AP.
011 UH-60 BLACKHAWK M 742,998 725,298
MODEL (MYP).
Unjustified costs [-17,700]
012 UH-60 BLACKHAWK M 87,427 87,427
MODEL (MYP) AP.
013 UH-60 BLACK HAWK L 172,797 172,797
AND V MODELS.
014 CH-47 HELICOPTER..... 160,750 266,850
Program increase. [136,000]
Unjustified cost [-29,900]
growth.
015 CH-47 HELICOPTER AP.. 18,372 47,372
Program increase. [29,000]
MODIFICATION OF
AIRCRAFT
018 UNIVERSAL GROUND 7,509 7,509
CONTROL EQUIPMENT
(UAS).
019 GRAY EAGLE MODS2..... 16,280 16,280
020 MULTI SENSOR ABN 35,864 35,864
RECON (MIP).
021 AH-64 MODS........... 118,316 113,216
Unjustified cost [-5,100]
growth--M-DSA.
022 CH-47 CARGO 15,548 15,548
HELICOPTER MODS
(MYP).
023 GRCS SEMA MODS (MIP). 2,947 2,947
024 ARL SEMA MODS (MIP).. 9,598 9,598
025 EMARSS SEMA MODS 2,452 2,452
(MIP).
026 UTILITY/CARGO 13,868 13,868
AIRPLANE MODS.
027 UTILITY HELICOPTER 25,842 31,342
MODS.
Program increase. [5,500]
028 NETWORK AND MISSION 77,432 77,432
PLAN.
029 COMMS, NAV 101,355 101,355
SURVEILLANCE.
031 AVIATION ASSURED PNT. 54,609 54,609
032 GATM ROLLUP.......... 12,180 12,180
034 UAS MODS............. 4,204 4,204
GROUND SUPPORT
AVIONICS
035 AIRCRAFT 49,455 49,455
SURVIVABILITY
EQUIPMENT.
036 SURVIVABILITY CM..... 8,035 8,035
037 CMWS................. 10,567 10,567
038 COMMON INFRARED 237,467 237,467
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
039 AVIONICS SUPPORT 1,789 1,789
EQUIPMENT.
040 COMMON GROUND 17,584 17,584
EQUIPMENT.
041 AIRCREW INTEGRATED 48,265 48,265
SYSTEMS.
042 AIR TRAFFIC CONTROL.. 26,408 26,408
044 LAUNCHER, 2.75 ROCKET 2,256 2,256
045 LAUNCHER GUIDED 8,982 8,982
MISSILE: LONGBOW
HELLFIRE XM2.
TOTAL AIRCRAFT 3,074,594 3,267,394
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
002 M-SHORAD--PROCUREMENT 378,654 378,654
003 MSE MISSILE.......... 603,188 603,188
004 PRECISION STRIKE 49,941 42,441
MISSILE (PRSM).
Contract delay... [-7,500]
005 INDIRECT FIRE 106,261 25,011
PROTECTION
CAPABILITY INC 2-I.
Army identified [-40,500]
funds excess to
need.
Funding excess to [-40,750]
need.
AIR-TO-SURFACE
MISSILE SYSTEM
006 HELLFIRE SYS SUMMARY. 91,225 91,225
007 JOINT AIR-TO-GROUND 213,397 213,397
MSLS (JAGM).
008 LONG RANGE PRECISION 45,307 45,307
MUNITION.
ANTI-TANK/ASSAULT
MISSILE SYS
009 JAVELIN (AAWS-M) 190,325 190,325
SYSTEM SUMMARY.
010 TOW 2 SYSTEM SUMMARY. 121,074 121,074
011 GUIDED MLRS ROCKET 850,157 850,157
(GMLRS).
012 MLRS REDUCED RANGE 30,836 30,836
PRACTICE ROCKETS
(RRPR).
013 HIGH MOBILITY 41,226 41,226
ARTILLERY ROCKET
SYSTEM (HIMARS.
MODIFICATIONS
016 PATRIOT MODS......... 278,050 278,050
017 ATACMS MODS.......... 141,690 141,690
020 AVENGER MODS......... 13,942 13,942
021 ITAS/TOW MODS........ 5,666 5,666
022 MLRS MODS............ 310,419 310,419
023 HIMARS MODIFICATIONS. 6,081 6,081
[[Page H3252]]
SPARES AND REPAIR
PARTS
024 SPARES AND REPAIR 5,090 5,090
PARTS.
SUPPORT EQUIPMENT &
FACILITIES
025 AIR DEFENSE TARGETS.. 8,978 8,978
TOTAL MISSILE 3,491,507 3,402,757
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
TRACKED COMBAT
VEHICLES
002 ARMORED MULTI PURPOSE 192,971 172,971
VEHICLE (AMPV).
Prior year carry- [-80,000]
over.
Program increase. [60,000]
MODIFICATION OF
TRACKED COMBAT
VEHICLES
004 STRYKER UPGRADE...... 847,212 1,183,052
CROWS-J program [-39,160]
delay.
Program increase-- [375,000]
Army UPL.
005 BRADLEY PROGRAM (MOD) 493,109 435,759
Prior year carry- [-17,350]
over.
UBIS early to [-40,000]
need.
006 M109 FOV 26,893 21,893
MODIFICATIONS.
Prior year [-5,000]
carryover.
007 PALADIN INTEGRATED 435,825 435,825
MANAGEMENT (PIM).
009 ASSAULT BRIDGE (MOD). 5,074 5,074
010 ASSAULT BREACHER 19,500 19,500
VEHICLE.
011 M88 FOV MODS......... 18,382 13,082
Program reduction [-5,300]
012 JOINT ASSAULT BRIDGE. 72,178 61,878
Program delay.... [-10,300]
013 M1 ABRAMS TANK (MOD). 392,013 386,278
Prior year carry- [-5,735]
over.
014 ABRAMS UPGRADE 1,033,253 1,020,396
PROGRAM.
Component cost [-3,480]
savings.
Prior year carry- [-9,377]
over.
WEAPONS & OTHER
COMBAT VEHICLES
016 MULTI-ROLE ANTI-ARMOR 17,864 17,864
ANTI-PERSONNEL
WEAPON S.
018 MORTAR SYSTEMS....... 10,288 10,288
019 XM320 GRENADE 5,969 5,969
LAUNCHER MODULE
(GLM).
020 PRECISION SNIPER 10,137 10,137
RIFLE.
021 COMPACT SEMI- 999 999
AUTOMATIC SNIPER
SYSTEM.
022 CARBINE.............. 7,411 7,411
023 NEXT GENERATION SQUAD 35,822 35,822
WEAPON.
024 COMMON REMOTELY 24,534 24,534
OPERATED WEAPONS
STATION.
025 HANDGUN.............. 4,662 4,662
MOD OF WEAPONS AND
OTHER COMBAT VEH
026 MK-19 GRENADE MACHINE 6,444 6,444
GUN MODS.
027 M777 MODS............ 10,983 10,983
028 M4 CARBINE MODS...... 4,824 4,824
031 M240 MEDIUM MACHINE 6,385 6,385
GUN MODS.
032 SNIPER RIFLES 1,898 1,898
MODIFICATIONS.
033 M119 MODIFICATIONS... 2,009 2,009
034 MORTAR MODIFICATION.. 1,689 1,689
035 MODIFICATIONS LESS 2,604 2,604
THAN $5.0M (WOCV-
WTCV).
SUPPORT EQUIPMENT &
FACILITIES
036 ITEMS LESS THAN $5.0M 2,763 2,763
(WOCV-WTCV).
037 PRODUCTION BASE 3,045 3,045
SUPPORT (WOCV-WTCV).
TOTAL 3,696,740 3,916,038
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 68,472 68,472
TYPES.
002 CTG, 7.62MM, ALL 109,933 109,933
TYPES.
003 NEXT GENERATION SQUAD 11,988 11,988
WEAPON AMMUNITION.
004 CTG, HANDGUN, ALL 853 853
TYPES.
005 CTG, .50 CAL, ALL 58,280 58,280
TYPES.
006 CTG, 20MM, ALL TYPES. 31,708 31,708
007 CTG, 25MM, ALL TYPES. 9,111 9,111
008 CTG, 30MM, ALL TYPES. 58,172 58,172
009 CTG, 40MM, ALL TYPES. 114,638 114,638
MORTAR AMMUNITION
010 60MM MORTAR, ALL 31,222 31,222
TYPES.
011 81MM MORTAR, ALL 42,857 42,857
TYPES.
012 120MM MORTAR, ALL 107,762 107,762
TYPES.
TANK AMMUNITION
013 CARTRIDGES, TANK, 233,444 233,444
105MM AND 120MM, ALL
TYPES.
ARTILLERY AMMUNITION
014 ARTILLERY CARTRIDGES, 35,963 35,963
75MM & 105MM, ALL
TYPES.
015 ARTILLERY PROJECTILE, 293,692 283,692
155MM, ALL TYPES.
Program delays... [-10,000]
016 PROJ 155MM EXTENDED 69,159 69,159
RANGE M982.
017 ARTILLERY 232,913 232,913
PROPELLANTS, FUZES
AND PRIMERS, ALL.
MINES
018 MINES & CLEARING 65,278 62,778
CHARGES, ALL TYPES.
Program decrease. [-2,500]
[[Page H3253]]
019 CLOSE TERRAIN SHAPING 4,995 2,995
OBSTACLE.
Program reduction [-2,000]
ROCKETS
020 SHOULDER LAUNCHED 69,112 61,612
MUNITIONS, ALL TYPES.
Prior year [-7,500]
carryover.
021 ROCKET, HYDRA 70, ALL 125,915 125,915
TYPES.
OTHER AMMUNITION
022 CAD/PAD, ALL TYPES... 8,891 8,891
023 DEMOLITION MUNITIONS, 54,043 54,043
ALL TYPES.
024 GRENADES, ALL TYPES.. 28,931 28,931
025 SIGNALS, ALL TYPES... 27,036 27,036
026 SIMULATORS, ALL TYPES 10,253 10,253
MISCELLANEOUS
027 AMMO COMPONENTS, ALL 3,476 3,476
TYPES.
029 ITEMS LESS THAN $5 10,569 10,569
MILLION (AMMO).
030 AMMUNITION PECULIAR 12,338 12,338
EQUIPMENT.
031 FIRST DESTINATION 15,908 15,908
TRANSPORTATION
(AMMO).
032 CLOSEOUT LIABILITIES. 99 99
PRODUCTION BASE
SUPPORT
033 INDUSTRIAL FACILITIES 592,224 696,724
Program increase. [104,500]
034 CONVENTIONAL 235,112 235,112
MUNITIONS
DEMILITARIZATION.
035 ARMS INITIATIVE...... 3,369 3,369
TOTAL 2,777,716 2,860,216
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
001 TACTICAL TRAILERS/ 12,986 12,986
DOLLY SETS.
002 SEMITRAILERS, 31,443 31,443
FLATBED:.
003 SEMITRAILERS, TANKERS 17,082 17,082
004 HI MOB MULTI-PURP 44,795 44,795
WHLD VEH (HMMWV).
005 GROUND MOBILITY 37,932 37,932
VEHICLES (GMV).
008 JOINT LIGHT TACTICAL 894,414 894,414
VEHICLE FAMILY OF
VEHICL.
009 TRUCK, DUMP, 20T 29,368 29,368
(CCE).
010 FAMILY OF MEDIUM 95,092 95,092
TACTICAL VEH (FMTV).
011 FAMILY OF COLD 999 999
WEATHER ALL-TERRAIN
VEHICLE (C.
012 FIRETRUCKS & 27,687 27,687
ASSOCIATED
FIREFIGHTING EQUIP.
014 PLS ESP.............. 21,969 21,969
015 HVY EXPANDED MOBILE 65,635 132,635
TACTICAL TRUCK EXT
SERV.
Program increase. [67,000]
016 HMMWV 5,927 5,927
RECAPITALIZATION
PROGRAM.
017 TACTICAL WHEELED 36,497 36,497
VEHICLE PROTECTION
KITS.
018 MODIFICATION OF IN 114,977 114,977
SVC EQUIP.
NON-TACTICAL VEHICLES
020 PASSENGER CARRYING 1,246 1,246
VEHICLES.
021 NONTACTICAL VEHICLES, 19,870 19,870
OTHER.
COMM--JOINT
COMMUNICATIONS
022 SIGNAL MODERNIZATION 160,469 150,469
PROGRAM.
Unit cost growth. [-10,000]
023 TACTICAL NETWORK 360,379 337,879
TECHNOLOGY MOD IN
SVC.
Program delays... [-10,000]
Unit cost growth. [-12,500]
024 SITUATION INFORMATION 63,396 63,396
TRANSPORT.
026 JCSE EQUIPMENT 5,170 5,170
(USRDECOM).
COMM--SATELLITE
COMMUNICATIONS
029 DEFENSE ENTERPRISE 101,498 101,498
WIDEBAND SATCOM
SYSTEMS.
030 TRANSPORTABLE 72,450 64,950
TACTICAL COMMAND
COMMUNICATIONS.
Program delays... [-7,500]
031 SHF TERM............. 13,173 13,173
032 ASSURED POSITIONING, 134,928 134,928
NAVIGATION AND
TIMING.
033 SMART-T (SPACE)...... 8,611 8,611
034 GLOBAL BRDCST SVC-- 8,191 8,191
GBS.
COMM--C3 SYSTEM
036 COE TACTICAL SERVER 94,871 94,871
INFRASTRUCTURE (TSI).
COMM--COMBAT
COMMUNICATIONS
037 HANDHELD MANPACK 550,848 550,848
SMALL FORM FIT (HMS).
038 RADIO TERMINAL SET, 8,237 8,237
MIDS LVT(2).
041 SPIDER FAMILY OF 13,967 0
NETWORKED MUNITIONS
INCR.
Program [-13,967]
cancellation.
043 UNIFIED COMMAND SUITE 19,579 19,579
044 COTS COMMUNICATIONS 94,156 94,156
EQUIPMENT.
045 FAMILY OF MED COMM 18,313 18,313
FOR COMBAT CASUALTY
CARE.
046 ARMY COMMUNICATIONS & 51,480 51,480
ELECTRONICS.
COMM--INTELLIGENCE
COMM
048 CI AUTOMATION 13,146 13,146
ARCHITECTURE (MIP).
049 DEFENSE MILITARY 5,624 5,624
DECEPTION INITIATIVE.
INFORMATION SECURITY
051 INFORMATION SYSTEM 4,596 4,596
SECURITY PROGRAM-
ISSP.
052 COMMUNICATIONS 159,272 149,272
SECURITY (COMSEC).
Program decrease. [-10,000]
053 DEFENSIVE CYBER 54,753 54,753
OPERATIONS.
054 INSIDER THREAT 1,760 1,760
PROGRAM--UNIT
ACTIVITY MONITO.
[[Page H3254]]
056 ITEMS LESS THAN $5M 260 260
(INFO SECURITY).
COMM--LONG HAUL
COMMUNICATIONS
057 BASE SUPPORT 29,761 29,761
COMMUNICATIONS.
COMM--BASE
COMMUNICATIONS
058 INFORMATION SYSTEMS.. 147,696 147,696
059 EMERGENCY MANAGEMENT 4,900 4,900
MODERNIZATION
PROGRAM.
060 HOME STATION MISSION 15,227 15,227
COMMAND CENTERS
(HSMCC).
061 JOINT INFORMATION 3,177 3,177
ENVIRONMENT (JIE).
062 INSTALLATION INFO 300,035 280,035
INFRASTRUCTURE MOD
PROGRAM.
Unjustified [-20,000]
growth.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
065 JTT/CIBS-M (MIP)..... 5,304 5,304
066 TERRESTRIAL LAYER 8,081 8,081
SYSTEMS (TLS) (MIP).
068 DCGS-A (MIP)......... 151,886 151,886
070 TROJAN (MIP)......... 17,593 17,593
071 MOD OF IN-SVC EQUIP 28,558 28,558
(INTEL SPT) (MIP).
073 BIOMETRIC TACTICAL 999 999
COLLECTION DEVICES
(MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
075 LIGHTWEIGHT COUNTER 5,332 5,332
MORTAR RADAR.
076 EW PLANNING & 7,849 7,849
MANAGEMENT TOOLS
(EWPMT).
077 AIR VIGILANCE (AV) 8,160 8,160
(MIP).
079 MULTI-FUNCTION 8,669 8,669
ELECTRONIC WARFARE
(MFEW) SYST.
082 CI MODERNIZATION 300 300
(MIP).
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
083 SENTINEL MODS........ 58,884 58,884
084 NIGHT VISION DEVICES. 1,127,375 897,375
IVAS reduction... [-230,000]
086 SMALL TACTICAL 13,954 13,954
OPTICAL RIFLE
MOUNTED MLRF.
088 INDIRECT FIRE 10,069 10,069
PROTECTION FAMILY OF
SYSTEMS.
089 FAMILY OF WEAPON 133,590 115,090
SIGHTS (FWS).
Program decrease. [-18,500]
091 JOINT BATTLE COMMAND-- 243,850 226,350
PLATFORM (JBC-P).
Program delays... [-17,500]
092 JOINT EFFECTS 69,641 50,541
TARGETING SYSTEM
(JETS).
Early to need.... [-19,100]
094 COMPUTER BALLISTICS: 7,509 7,509
LHMBC XM32.
095 MORTAR FIRE CONTROL 3,800 3,800
SYSTEM.
096 MORTAR FIRE CONTROL 7,292 7,292
SYSTEMS
MODIFICATIONS.
097 COUNTERFIRE RADARS... 72,421 71,421
Excess to need... [-1,000]
ELECT EQUIP--TACTICAL
C2 SYSTEMS
098 ARMY COMMAND POST 49,947 49,947
INTEGRATED
INFRASTRUCTURE (.
099 FIRE SUPPORT C2 9,390 9,390
FAMILY.
100 AIR & MSL DEFENSE 47,374 47,374
PLANNING & CONTROL
SYS.
101 IAMD BATTLE COMMAND 201,587 191,587
SYSTEM.
Program reduction [-10,000]
102 LIFE CYCLE SOFTWARE 4,495 4,495
SUPPORT (LCSS).
103 NETWORK MANAGEMENT 18,651 18,651
INITIALIZATION AND
SERVICE.
105 GLOBAL COMBAT SUPPORT 2,792 2,792
SYSTEM-ARMY (GCSS-A).
106 INTEGRATED PERSONNEL 9,071 9,071
AND PAY SYSTEM-ARMY
(IPP.
107 RECONNAISSANCE AND 12,117 12,117
SURVEYING INSTRUMENT
SET.
108 MOD OF IN-SVC 3,004 5,004
EQUIPMENT (ENFIRE).
Program increase. [2,000]
ELECT EQUIP--
AUTOMATION
109 ARMY TRAINING 14,574 14,574
MODERNIZATION.
110 AUTOMATED DATA 140,619 140,619
PROCESSING EQUIP.
111 GENERAL FUND 4,448 4,448
ENTERPRISE BUSINESS
SYSTEMS FAM.
112 HIGH PERF COMPUTING 68,405 68,405
MOD PGM (HPCMP).
113 CONTRACT WRITING 8,459 8,459
SYSTEM.
114 CSS COMMUNICATIONS... 57,651 57,651
115 RESERVE COMPONENT 14,848 14,848
AUTOMATION SYS
(RCAS).
ELECT EQUIP--AUDIO
VISUAL SYS (A/V)
117 ITEMS LESS THAN $5M 4,995 4,995
(SURVEYING
EQUIPMENT).
ELECT EQUIP--SUPPORT
119 BCT EMERGING 16,983 8,983
TECHNOLOGIES.
Program reduction [-8,000]
CLASSIFIED PROGRAMS
19A CLASSIFIED PROGRAMS.. 1,582 1,582
CHEMICAL DEFENSIVE
EQUIPMENT
123 CBRN DEFENSE......... 28,456 28,456
124 SMOKE & OBSCURANT 13,995 13,995
FAMILY: SOF (NON AAO
ITEM).
BRIDGING EQUIPMENT
125 TACTICAL BRIDGING.... 10,545 10,545
126 TACTICAL BRIDGE, 72,074 72,074
FLOAT-RIBBON.
127 BRIDGE SUPPLEMENTAL 32,493 32,493
SET.
128 COMMON BRIDGE 62,978 62,978
TRANSPORTER (CBT)
RECAP.
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
129 HANDHELD STANDOFF 5,570 5,570
MINEFIELD DETECTION
SYS-HST.
130 GRND STANDOFF MINE 2,497 2,497
DETECTN SYSM
(GSTAMIDS).
132 HUSKY MOUNTED 109,069 99,069
DETECTION SYSTEM
(HMDS).
Program reduction [-10,000]
134 EOD ROBOTICS SYSTEMS 36,584 36,584
RECAPITALIZATION.
[[Page H3255]]
135 ROBOTICS AND APPLIQUE 179,544 174,744
SYSTEMS.
SMET contract [-4,800]
delay.
137 RENDER SAFE SETS KITS 64,583 64,583
OUTFITS.
139 FAMILY OF BOATS AND 5,289 5,289
MOTORS.
COMBAT SERVICE
SUPPORT EQUIPMENT
140 HEATERS AND ECU'S.... 8,200 8,200
142 PERSONNEL RECOVERY 4,625 4,625
SUPPORT SYSTEM
(PRSS).
143 GROUND SOLDIER SYSTEM 154,937 154,937
144 MOBILE SOLDIER POWER. 34,297 34,297
147 CARGO AERIAL DEL & 53,021 53,021
PERSONNEL PARACHUTE
SYSTEM.
148 FAMILY OF ENGR COMBAT 23,324 23,324
AND CONSTRUCTION
SETS.
149 ITEMS LESS THAN $5M 8,014 8,014
(ENG SPT).
PETROLEUM EQUIPMENT
150 DISTRIBUTION SYSTEMS, 78,448 78,448
PETROLEUM & WATER.
MEDICAL EQUIPMENT
151 COMBAT SUPPORT 59,485 64,485
MEDICAL.
Future Warfighter [5,000]
Shelter.
MAINTENANCE EQUIPMENT
152 MOBILE MAINTENANCE 40,337 40,337
EQUIPMENT SYSTEMS.
153 ITEMS LESS THAN $5.0M 5,386 5,386
(MAINT EQ).
CONSTRUCTION
EQUIPMENT
154 GRADER, ROAD MTZD, 5,406 5,406
HVY, 6X4 (CCE).
155 SCRAPERS, EARTHMOVING 4,188 4,188
156 LOADERS.............. 4,521 4,521
157 HYDRAULIC EXCAVATOR.. 5,186 5,186
158 TRACTOR, FULL TRACKED 4,715 4,715
159 ALL TERRAIN CRANES... 70,560 70,560
162 CONST EQUIP ESP...... 8,925 8,925
RAIL FLOAT
CONTAINERIZATION
EQUIPMENT
164 ARMY WATERCRAFT ESP.. 40,910 40,910
165 MANEUVER SUPPORT 76,576 76,576
VESSEL (MSV).
166 ITEMS LESS THAN $5.0M 1,844 1,844
(FLOAT/RAIL).
GENERATORS
167 GENERATORS AND 53,433 53,433
ASSOCIATED EQUIP.
168 TACTICAL ELECTRIC 22,216 22,216
POWER
RECAPITALIZATION.
MATERIAL HANDLING
EQUIPMENT
169 FAMILY OF FORKLIFTS.. 16,145 16,145
TRAINING EQUIPMENT
170 COMBAT TRAINING 90,580 90,580
CENTERS SUPPORT.
171 TRAINING DEVICES, 161,814 161,814
NONSYSTEM.
172 SYNTHETIC TRAINING 13,063 13,063
ENVIRONMENT (STE).
175 GAMING TECHNOLOGY IN 1,950 1,950
SUPPORT OF ARMY
TRAINING.
TEST MEASURE AND DIG
EQUIPMENT (TMD)
176 CALIBRATION SETS 2,511 2,511
EQUIPMENT.
177 INTEGRATED FAMILY OF 78,578 73,578
TEST EQUIPMENT
(IFTE).
Program reduction [-5,000]
178 TEST EQUIPMENT 14,941 14,941
MODERNIZATION
(TEMOD).
OTHER SUPPORT
EQUIPMENT
180 RAPID EQUIPPING 8,629 8,629
SOLDIER SUPPORT
EQUIPMENT.
181 PHYSICAL SECURITY 75,499 72,299
SYSTEMS (OPA3).
Early to need.... [-3,200]
182 BASE LEVEL COMMON 27,444 27,444
EQUIPMENT.
183 MODIFICATION OF IN- 32,485 32,485
SVC EQUIPMENT (OPA-
3).
187 SPECIAL EQUIPMENT FOR 39,436 39,436
TEST AND EVALUATION.
OPA2
189 INITIAL SPARES--C&E.. 9,950 9,950
TOTAL OTHER 8,625,206 8,288,139
PROCUREMENT,
ARMY.
AIRCRAFT PROCUREMENT,
NAVY
COMBAT AIRCRAFT
001 F/A-18E/F (FIGHTER) 1,761,146 1,761,146
HORNET.
002 F/A-18E/F (FIGHTER) 28,100
HORNET AP.
FY22 aircraft.... [28,100]
003 JOINT STRIKE FIGHTER 2,181,780 2,106,680
CV.
Excess depot [-6,500]
standup funding.
F135 [-21,000]
affordability
challenges.
Lot 15 target [-41,600]
cost savings.
Unjustified ALIS [-6,000]
funding.
004 JOINT STRIKE FIGHTER 330,386 330,386
CV AP.
005 JSF STOVL............ 1,109,393 1,053,893
Excess depot [-5,000]
standup funding.
F135 [-15,000]
affordability
challenges.
Lot 15 target [-18,000]
cost savings.
Unjustified ALIS [-10,000]
funding.
Unjustified [-7,500]
production
engineering
support.
006 JSF STOVL AP......... 303,035 303,035
007 CH-53K (HEAVY LIFT).. 813,324 813,324
008 CH-53K (HEAVY LIFT) 201,188 201,188
AP.
009 V-22 (MEDIUM LIFT)... 934,793 1,146,193
Navy UPL......... [211,400]
010 V-22 (MEDIUM LIFT) AP 39,547 39,547
011 H-1 UPGRADES (UH-1Y/ 7,267 7,267
AH-1Z).
[[Page H3256]]
013 P-8A POSEIDON........ 80,134 1,020,034
Line shutdown [-80,100]
early to need.
Six additional [1,020,000]
aircraft.
015 E-2D ADV HAWKEYE..... 626,109 626,109
016 E-2D ADV HAWKEYE AP.. 123,166 123,166
TRAINER AIRCRAFT
017 ADVANCED HELICOPTER 269,867 269,867
TRAINING SYSTEM.
OTHER AIRCRAFT
018 KC-130J.............. 380,984 380,984
019 KC-130J AP........... 67,022 67,022
021 MQ-4 TRITON.......... 150,570 280,570
One additional [130,000]
aircraft.
023 MQ-8 UAV............. 40,375 40,375
024 STUASL0 UAV.......... 30,930 30,930
026 VH-92A EXECUTIVE HELO 610,231 610,231
MODIFICATION OF
AIRCRAFT
028 F-18 A-D UNIQUE...... 208,261 208,261
029 F-18E/F AND EA-18G 468,954 468,954
MODERNIZATION AND
SUSTAINM.
030 AEA SYSTEMS.......... 21,061 21,061
031 AV-8 SERIES.......... 34,082 34,082
032 INFRARED SEARCH AND 158,055 158,055
TRACK (IRST).
033 ADVERSARY............ 42,946 42,946
034 F-18 SERIES.......... 379,351 379,351
035 H-53 SERIES.......... 74,771 74,771
036 MH-60 SERIES......... 131,584 136,584
Program increase. [5,000]
037 H-1 SERIES........... 185,140 185,140
038 EP-3 SERIES.......... 26,602 26,602
040 E-2 SERIES........... 175,540 175,540
041 TRAINER A/C SERIES... 7,085 7,085
042 C-2A................. 9,525 9,525
043 C-130 SERIES......... 141,705 141,705
044 FEWSG................ 684 684
045 CARGO/TRANSPORT A/C 8,911 8,911
SERIES.
046 E-6 SERIES........... 197,206 197,206
047 EXECUTIVE HELICOPTERS 29,086 29,086
SERIES.
049 T-45 SERIES.......... 155,745 155,745
050 POWER PLANT CHANGES.. 24,633 24,633
051 JPATS SERIES......... 22,682 22,682
052 AVIATION LIFE SUPPORT 40,401 40,401
MODS.
053 COMMON ECM EQUIPMENT. 138,480 138,480
054 COMMON AVIONICS 143,322 143,322
CHANGES.
055 COMMON DEFENSIVE 2,142 2,142
WEAPON SYSTEM.
056 ID SYSTEMS........... 35,999 35,999
057 P-8 SERIES........... 180,530 180,530
058 MAGTF EW FOR AVIATION 27,794 27,794
059 MQ-8 SERIES.......... 28,774 28,774
060 V-22 (TILT/ROTOR 334,405 334,405
ACFT) OSPREY.
061 NEXT GENERATION 176,638 176,638
JAMMER (NGJ).
062 F-35 STOVL SERIES.... 153,588 146,388
Block IV/TR3 [-7,200]
upgrade delays.
063 F-35 CV SERIES....... 105,452 99,552
Block IV/TR3 [-5,900]
upgrade delays.
064 QRC.................. 126,618 126,618
065 MQ-4 SERIES.......... 12,998 12,998
066 RQ-21 SERIES......... 18,550 18,550
AIRCRAFT SPARES AND
REPAIR PARTS
070 SPARES AND REPAIR 2,198,460 2,198,460
PARTS.
AIRCRAFT SUPPORT
EQUIP & FACILITIES
071 COMMON GROUND 543,559 543,559
EQUIPMENT.
072 AIRCRAFT INDUSTRIAL 75,685 75,685
FACILITIES.
073 WAR CONSUMABLES...... 40,633 40,633
074 OTHER PRODUCTION 21,194 21,194
CHARGES.
075 SPECIAL SUPPORT 155,179 155,179
EQUIPMENT.
076 FIRST DESTINATION 2,121 2,121
TRANSPORTATION.
TOTAL AIRCRAFT 17,127,378 18,298,078
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
MODIFICATION OF
MISSILES
001 TRIDENT II MODS...... 1,173,837 1,173,837
SUPPORT EQUIPMENT &
FACILITIES
002 MISSILE INDUSTRIAL 7,275 7,275
FACILITIES.
STRATEGIC MISSILES
003 TOMAHAWK............. 277,694 277,694
TACTICAL MISSILES
004 AMRAAM............... 326,952 326,952
005 SIDEWINDER........... 126,485 126,485
007 STANDARD MISSILE..... 456,206 456,206
008 STANDARD MISSILE AP.. 66,716 66,716
009 SMALL DIAMETER BOMB 78,867 78,867
II.
010 RAM.................. 90,533 90,533
011 JOINT AIR GROUND 49,386 49,386
MISSILE (JAGM).
[[Page H3257]]
014 AERIAL TARGETS....... 174,336 174,336
015 DRONES AND DECOYS.... 41,256 41,256
016 OTHER MISSILE SUPPORT 3,501 3,501
017 LRASM................ 168,845 168,845
018 LCS OTH MISSILE...... 32,910 32,910
MODIFICATION OF
MISSILES
019 TOMAHAWK MODS........ 164,915 164,915
020 ESSM................. 215,375 206,475
Excessive [-8,900]
production
support growth.
022 HARM MODS............ 147,572 147,572
023 STANDARD MISSILES 83,654 17,254
MODS.
SM-2 Blk IIC [-66,400]
excessive
concurrency.
SUPPORT EQUIPMENT &
FACILITIES
024 WEAPONS INDUSTRIAL 1,996 1,996
FACILITIES.
025 FLEET SATELLITE COMM 53,401 53,401
FOLLOW-ON.
ORDNANCE SUPPORT
EQUIPMENT
027 ORDNANCE SUPPORT 215,659 215,659
EQUIPMENT.
TORPEDOES AND RELATED
EQUIP
028 SSTD................. 5,811 5,811
029 MK-48 TORPEDO........ 284,901 284,901
030 ASW TARGETS.......... 13,833 13,833
MOD OF TORPEDOES AND
RELATED EQUIP
031 MK-54 TORPEDO MODS... 110,286 110,286
032 MK-48 TORPEDO ADCAP 57,214 57,214
MODS.
033 MARITIME MINES....... 5,832 5,832
SUPPORT EQUIPMENT
034 TORPEDO SUPPORT 97,581 97,581
EQUIPMENT.
035 ASW RANGE SUPPORT.... 4,159 4,159
DESTINATION
TRANSPORTATION
036 FIRST DESTINATION 4,106 4,106
TRANSPORTATION.
GUNS AND GUN MOUNTS
037 SMALL ARMS AND 16,030 16,030
WEAPONS.
MODIFICATION OF GUNS
AND GUN MOUNTS
038 CIWS MODS............ 37,147 37,147
039 COAST GUARD WEAPONS.. 45,804 45,804
040 GUN MOUNT MODS....... 74,427 74,427
041 LCS MODULE WEAPONS... 4,253 4,253
042 AIRBORNE MINE 6,662 6,662
NEUTRALIZATION
SYSTEMS.
SPARES AND REPAIR
PARTS
045 SPARES AND REPAIR 159,578 159,578
PARTS.
TOTAL WEAPONS 4,884,995 4,809,695
PROCUREMENT,
NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 41,496 41,496
002 JDAM................. 64,631 64,631
003 AIRBORNE ROCKETS, ALL 60,719 60,719
TYPES.
004 MACHINE GUN 11,158 11,158
AMMUNITION.
005 PRACTICE BOMBS....... 51,409 51,409
006 CARTRIDGES & CART 64,694 64,694
ACTUATED DEVICES.
007 AIR EXPENDABLE 51,523 51,523
COUNTERMEASURES.
008 JATOS................ 6,761 6,761
009 5 INCH/54 GUN 31,517 31,517
AMMUNITION.
010 INTERMEDIATE CALIBER 38,005 38,005
GUN AMMUNITION.
011 OTHER SHIP GUN 40,626 40,626
AMMUNITION.
012 SMALL ARMS & LANDING 48,202 48,202
PARTY AMMO.
013 PYROTECHNIC AND 9,766 9,766
DEMOLITION.
015 AMMUNITION LESS THAN 2,115 2,115
$5 MILLION.
MARINE CORPS
AMMUNITION
016 MORTARS.............. 46,781 46,781
017 DIRECT SUPPORT 119,504 79,662
MUNITIONS.
USMC identified [-39,842]
funds excess to
need.
018 INFANTRY WEAPONS 83,220 83,220
AMMUNITION.
019 COMBAT SUPPORT 32,650 32,650
MUNITIONS.
020 AMMO MODERNIZATION... 15,144 15,144
021 ARTILLERY MUNITIONS.. 59,539 59,539
022 ITEMS LESS THAN $5 4,142 4,142
MILLION.
TOTAL 883,602 843,760
PROCUREMENT OF
AMMO, NAVY & MC.
SHIPBUILDING AND
CONVERSION, NAVY
FLEET BALLISTIC
MISSILE SHIPS
001 OHIO REPLACEMENT 2,891,475 2,891,475
SUBMARINE.
002 OHIO REPLACEMENT 1,123,175 1,123,175
SUBMARINE AP.
OTHER WARSHIPS
003 CARRIER REPLACEMENT 997,544 907,544
PROGRAM.
Full funding [-90,000]
early to need.
004 CVN-81............... 1,645,606 1,465,606
Full funding [-180,000]
early to need.
005 VIRGINIA CLASS 2,334,693 4,630,693
SUBMARINE.
Restore second [2,296,000]
Virginia-class
SSN.
006 VIRGINIA CLASS 1,901,187 2,173,187
SUBMARINE.
Restore second [272,000]
Virginia-class
SSN.
[[Page H3258]]
007 CVN REFUELING 1,878,453 1,878,453
OVERHAULS.
008 CVN REFUELING 17,384 17,384
OVERHAULS AP.
009 DDG 1000............. 78,205 78,205
010 DDG-51............... 3,040,270 3,040,270
011 DDG-51 AP............ 29,297 29,297
013 FFG-FRIGATE.......... 1,053,123 954,523
Anticipated [-98,600]
learning curve.
AMPHIBIOUS SHIPS
014 LPD FLIGHT II........ 1,155,801 1,118,101
Excessive unit [-37,700]
cost growth.
019 EXPEDITIONARY FAST 260,000
TRANSPORT (EPF).
One additional [260,000]
ship.
AUXILIARIES, CRAFT
AND PRIOR YR PROGRAM
COST
022 TOWING, SALVAGE, AND 168,209 168,209
RESCUE SHIP (ATS).
023 LCU 1700............. 87,395 87,395
024 OUTFITTING........... 825,586 825,586
026 SERVICE CRAFT........ 249,781 249,781
027 LCAC SLEP............ 56,461 56,461
028 COMPLETION OF PY 369,112 369,112
SHIPBUILDING
PROGRAMS.
TOTAL 19,902,757 22,324,457
SHIPBUILDING AND
CONVERSION, NAVY.
OTHER PROCUREMENT,
NAVY
SHIP PROPULSION
EQUIPMENT
001 SURFACE POWER 11,738 11,738
EQUIPMENT.
GENERATORS
002 SURFACE COMBATANT 58,497 58,497
HM&E.
NAVIGATION EQUIPMENT
003 OTHER NAVIGATION 74,084 74,084
EQUIPMENT.
OTHER SHIPBOARD
EQUIPMENT
004 SUB PERISCOPE, 204,806 204,806
IMAGING AND SUPT
EQUIP PROG.
005 DDG MOD.............. 547,569 531,169
Excessive CSSQT [-16,400]
cost growth.
006 FIREFIGHTING 18,394 18,394
EQUIPMENT.
007 COMMAND AND CONTROL 2,374 2,374
SWITCHBOARD.
008 LHA/LHD MIDLIFE...... 78,265 78,265
009 POLLUTION CONTROL 23,035 23,035
EQUIPMENT.
010 SUBMARINE SUPPORT 64,632 60,132
EQUIPMENT.
Excess cost [-4,500]
growth.
011 VIRGINIA CLASS 22,868 22,868
SUPPORT EQUIPMENT.
012 LCS CLASS SUPPORT 3,976 3,976
EQUIPMENT.
013 SUBMARINE BATTERIES.. 31,322 31,322
014 LPD CLASS SUPPORT 50,475 55,475
EQUIPMENT.
Electronic [5,000]
actuator pilot
program.
015 DDG 1000 CLASS 42,279 36,779
SUPPORT EQUIPMENT.
Excess cost [-5,500]
growth.
016 STRATEGIC PLATFORM 15,429 15,429
SUPPORT EQUIP.
017 DSSP EQUIPMENT....... 2,918 2,918
018 CG MODERNIZATION..... 87,978 87,978
019 LCAC................. 9,366 9,366
020 UNDERWATER EOD 16,842 16,842
EQUIPMENT.
021 ITEMS LESS THAN $5 105,715 95,715
MILLION.
Cost growth...... [-10,000]
022 CHEMICAL WARFARE 3,044 3,044
DETECTORS.
023 SUBMARINE LIFE 5,885 5,885
SUPPORT SYSTEM.
REACTOR PLANT
EQUIPMENT
024 SHIP MAINTENANCE, 1,260,721 400,621
REPAIR AND
MODERNIZATION.
LCS in-service [-12,100]
modernization
excess cost
growth.
Realignment to [-198,000]
OPN-24A for
Shipyard
Infrastructure
Optimization Plan.
Transfer to O&M [-650,000]
for ship depot
maintenance.
024A SHIPYARD 198,000
INFRASTRUCTURE
OPTIMIZATION PLAN.
Realignment from [198,000]
OPN-24 for
Shipyard
Infrastructure
Optimization Plan.
025 REACTOR POWER UNITS.. 5,305 5,305
026 REACTOR COMPONENTS... 415,404 415,404
OCEAN ENGINEERING
027 DIVING AND SALVAGE 11,143 11,143
EQUIPMENT.
SMALL BOATS
028 STANDARD BOATS....... 52,371 52,371
PRODUCTION FACILITIES
EQUIPMENT
029 OPERATING FORCES IPE. 233,667 233,667
OTHER SHIP SUPPORT
030 LCS COMMON MISSION 39,714 39,714
MODULES EQUIPMENT.
031 LCS MCM MISSION 218,822 167,922
MODULES.
COBRA early to [-9,300]
need.
Program Decrease. [-41,600]
032 LCS ASW MISSION 61,759 61,759
MODULES.
033 LCS SUW MISSION 24,412 24,412
MODULES.
034 LCS IN-SERVICE 121,848 151,848
MODERNIZATION.
Preservation of [30,000]
LCS 3 and LCS 4.
035 SMALL & MEDIUM UUV... 67,709 43,709
Early to need [-24,000]
based on IOTE
schedule.
SHIP SONARS
037 SPQ-9B RADAR......... 27,517 27,517
[[Page H3259]]
038 AN/SQQ-89 SURF ASW 128,664 128,664
COMBAT SYSTEM.
039 SSN ACOUSTIC 374,737 374,737
EQUIPMENT.
040 UNDERSEA WARFARE 9,286 9,286
SUPPORT EQUIPMENT.
ASW ELECTRONIC
EQUIPMENT
041 SUBMARINE ACOUSTIC 26,066 26,066
WARFARE SYSTEM.
042 SSTD................. 13,241 13,241
043 FIXED SURVEILLANCE 193,446 193,446
SYSTEM.
044 SURTASS.............. 63,838 63,838
ELECTRONIC WARFARE
EQUIPMENT
045 AN/SLQ-32............ 387,195 387,195
RECONNAISSANCE
EQUIPMENT
046 SHIPBOARD IW EXPLOIT. 235,744 223,644
Excess cost [-12,100]
growth.
047 AUTOMATED 3,862 3,862
IDENTIFICATION
SYSTEM (AIS).
OTHER SHIP ELECTRONIC
EQUIPMENT
048 COOPERATIVE 26,006 26,006
ENGAGEMENT
CAPABILITY.
049 NAVAL TACTICAL 15,385 15,385
COMMAND SUPPORT
SYSTEM (NTCSS).
050 ATDLS................ 103,835 103,835
051 NAVY COMMAND AND 3,594 3,594
CONTROL SYSTEM
(NCCS).
052 MINESWEEPING SYSTEM 15,744 15,744
REPLACEMENT.
053 SHALLOW WATER MCM.... 5,493 5,493
054 NAVSTAR GPS RECEIVERS 38,043 38,043
(SPACE).
055 AMERICAN FORCES RADIO 2,592 2,592
AND TV SERVICE.
056 STRATEGIC PLATFORM 7,985 7,985
SUPPORT EQUIP.
AVIATION ELECTRONIC
EQUIPMENT
057 ASHORE ATC EQUIPMENT. 83,475 83,475
058 AFLOAT ATC EQUIPMENT. 65,113 65,113
059 ID SYSTEMS........... 23,815 23,815
060 JOINT PRECISION 100,751 100,751
APPROACH AND LANDING
SYSTEM (.
061 NAVAL MISSION 13,947 13,947
PLANNING SYSTEMS.
OTHER SHORE
ELECTRONIC EQUIPMENT
062 MARITIME INTEGRATED 1,375 1,375
BROADCAST SYSTEM.
063 TACTICAL/MOBILE C4I 22,771 22,771
SYSTEMS.
064 DCGS-N............... 18,872 18,872
065 CANES................ 389,585 389,585
066 RADIAC............... 10,335 10,335
067 CANES-INTELL......... 48,654 48,654
068 GPETE................ 8,133 8,133
069 MASF................. 4,150 4,150
070 INTEG COMBAT SYSTEM 5,934 5,934
TEST FACILITY.
071 EMI CONTROL 4,334 4,334
INSTRUMENTATION.
072 ITEMS LESS THAN $5 159,815 159,815
MILLION.
SHIPBOARD
COMMUNICATIONS
073 SHIPBOARD TACTICAL 56,106 56,106
COMMUNICATIONS.
074 SHIP COMMUNICATIONS 124,288 124,288
AUTOMATION.
075 COMMUNICATIONS ITEMS 45,120 45,120
UNDER $5M.
SUBMARINE
COMMUNICATIONS
076 SUBMARINE BROADCAST 31,133 31,133
SUPPORT.
077 SUBMARINE 62,214 62,214
COMMUNICATION
EQUIPMENT.
SATELLITE
COMMUNICATIONS
078 SATELLITE 47,421 47,421
COMMUNICATIONS
SYSTEMS.
079 NAVY MULTIBAND 64,552 64,552
TERMINAL (NMT).
SHORE COMMUNICATIONS
080 JOINT COMMUNICATIONS 4,398 4,398
SUPPORT ELEMENT
(JCSE).
CRYPTOGRAPHIC
EQUIPMENT
081 INFO SYSTEMS SECURITY 157,551 147,551
PROGRAM (ISSP).
Program decrease. [-10,000]
082 MIO INTEL 985 985
EXPLOITATION TEAM.
CRYPTOLOGIC EQUIPMENT
083 CRYPTOLOGIC 15,906 15,906
COMMUNICATIONS EQUIP.
OTHER ELECTRONIC
SUPPORT
090 COAST GUARD EQUIPMENT 70,689 70,689
SONOBUOYS
092 SONOBUOYS--ALL TYPES. 237,639 286,639
Inventory [49,000]
increase.
AIRCRAFT SUPPORT
EQUIPMENT
093 MINOTAUR............. 5,077 5,077
094 WEAPONS RANGE SUPPORT 83,969 83,969
EQUIPMENT.
095 AIRCRAFT SUPPORT 187,758 187,758
EQUIPMENT.
096 ADVANCED ARRESTING 16,059 16,059
GEAR (AAG).
097 METEOROLOGICAL 15,192 15,192
EQUIPMENT.
099 LEGACY AIRBORNE MCM.. 6,674 6,674
100 LAMPS EQUIPMENT...... 1,189 1,189
101 AVIATION SUPPORT 58,873 58,873
EQUIPMENT.
102 UMCS-UNMAN CARRIER 60,937 60,937
AVIATION(UCA)MISSION
CNTRL.
SHIP GUN SYSTEM
EQUIPMENT
103 SHIP GUN SYSTEMS 5,540 5,540
EQUIPMENT.
SHIP MISSILE SYSTEMS
EQUIPMENT
104 HARPOON SUPPORT 208 208
EQUIPMENT.
105 SHIP MISSILE SUPPORT 262,077 252,077
EQUIPMENT.
Excess cost [-10,000]
growth.
106 TOMAHAWK SUPPORT 84,087 76,087
EQUIPMENT.
[[Page H3260]]
TMPC cost growth. [-8,000]
FBM SUPPORT EQUIPMENT
107 STRATEGIC MISSILE 258,910 258,910
SYSTEMS EQUIP.
ASW SUPPORT EQUIPMENT
108 SSN COMBAT CONTROL 173,770 173,770
SYSTEMS.
109 ASW SUPPORT EQUIPMENT 26,584 26,584
OTHER ORDNANCE
SUPPORT EQUIPMENT
110 EXPLOSIVE ORDNANCE 7,470 7,470
DISPOSAL EQUIP.
111 ITEMS LESS THAN $5 6,356 6,356
MILLION.
OTHER EXPENDABLE
ORDNANCE
112 ANTI-SHIP MISSILE 86,356 86,356
DECOY SYSTEM.
113 SUBMARINE TRAINING 69,240 69,240
DEVICE MODS.
114 SURFACE TRAINING 192,245 192,245
EQUIPMENT.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
115 PASSENGER CARRYING 6,123 6,123
VEHICLES.
116 GENERAL PURPOSE 2,693 2,693
TRUCKS.
117 CONSTRUCTION & 47,301 47,301
MAINTENANCE EQUIP.
118 FIRE FIGHTING 10,352 10,352
EQUIPMENT.
119 TACTICAL VEHICLES.... 31,475 31,475
121 POLLUTION CONTROL 2,630 2,630
EQUIPMENT.
122 ITEMS LESS THAN $5 47,972 47,972
MILLION.
123 PHYSICAL SECURITY 1,171 1,171
VEHICLES.
SUPPLY SUPPORT
EQUIPMENT
124 SUPPLY EQUIPMENT..... 19,693 19,693
125 FIRST DESTINATION 4,956 4,956
TRANSPORTATION.
126 SPECIAL PURPOSE 668,639 638,639
SUPPLY SYSTEMS.
Program decrease. [-30,000]
TRAINING DEVICES
127 TRAINING SUPPORT 4,026 4,026
EQUIPMENT.
128 TRAINING AND 73,454 73,454
EDUCATION EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
129 COMMAND SUPPORT 32,390 32,390
EQUIPMENT.
130 MEDICAL SUPPORT 974 974
EQUIPMENT.
132 NAVAL MIP SUPPORT 5,606 5,606
EQUIPMENT.
133 OPERATING FORCES 16,024 16,024
SUPPORT EQUIPMENT.
134 C4ISR EQUIPMENT...... 6,697 6,697
135 ENVIRONMENTAL SUPPORT 27,503 27,503
EQUIPMENT.
136 PHYSICAL SECURITY 138,281 138,281
EQUIPMENT.
137 ENTERPRISE 42,680 42,680
INFORMATION
TECHNOLOGY.
OTHER
140 NEXT GENERATION 184,443 184,443
ENTERPRISE SERVICE.
141 CYBERSPACE ACTIVITIES 16,523 16,523
CLASSIFIED PROGRAMS
41A CLASSIFIED PROGRAMS.. 18,446 18,446
SPARES AND REPAIR
PARTS
142 SPARES AND REPAIR 374,195 421,195
PARTS.
SPY-1 battle [47,000]
spare.
TOTAL OTHER 10,948,518 10,236,018
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
TRACKED COMBAT
VEHICLES
001 AAV7A1 PIP........... 87,476 87,476
002 AMPHIBIOUS COMBAT 478,874 478,874
VEHICLE FAMILY OF
VEHICLES.
003 LAV PIP.............. 41,988 41,988
ARTILLERY AND OTHER
WEAPONS
004 155MM LIGHTWEIGHT 59 59
TOWED HOWITZER.
005 ARTILLERY WEAPONS 174,687 234,337
SYSTEM.
Ground Based Anti- [59,650]
Ship Missiles--
USMC UPL.
006 WEAPONS AND COMBAT 24,867 24,867
VEHICLES UNDER $5
MILLION.
OTHER SUPPORT
007 MODIFICATION KITS.... 3,067 0
USMC funds [-3,067]
identified excess
to need.
GUIDED MISSILES
008 GROUND BASED AIR 18,920 18,920
DEFENSE.
009 ANTI-ARMOR MISSILE- 19,888 19,888
JAVELIN.
010 FAMILY ANTI-ARMOR 21,891 21,891
WEAPON SYSTEMS
(FOAAWS).
011 ANTI-ARMOR MISSILE- 34,985 34,985
TOW.
012 GUIDED MLRS ROCKET 133,689 133,689
(GMLRS).
COMMAND AND CONTROL
SYSTEMS
013 COMMON AVIATION 35,057 35,057
COMMAND AND CONTROL
SYSTEM (C.
REPAIR AND TEST
EQUIPMENT
014 REPAIR AND TEST 24,405 24,405
EQUIPMENT.
OTHER SUPPORT (TEL)
015 MODIFICATION KITS.... 1,006 1,006
COMMAND AND CONTROL
SYSTEM (NON-TEL)
016 ITEMS UNDER $5 69,725 69,725
MILLION (COMM &
ELEC).
017 AIR OPERATIONS C2 15,611 15,611
SYSTEMS.
RADAR + EQUIPMENT
(NON-TEL)
019 GROUND/AIR TASK 284,283 284,283
ORIENTED RADAR (G/
ATOR).
INTELL/COMM EQUIPMENT
(NON-TEL)
020 GCSS-MC.............. 1,587 1,587
021 FIRE SUPPORT SYSTEM.. 24,934 24,934
[[Page H3261]]
022 INTELLIGENCE SUPPORT 50,728 50,728
EQUIPMENT.
024 UNMANNED AIR SYSTEMS 24,853 24,853
(INTEL).
025 DCGS-MC.............. 38,260 38,260
026 UAS PAYLOADS......... 5,489 5,489
OTHER SUPPORT (NON-
TEL)
029 NEXT GENERATION 78,922 78,922
ENTERPRISE NETWORK
(NGEN).
030 COMMON COMPUTER 35,349 35,349
RESOURCES.
031 COMMAND POST SYSTEMS. 33,713 33,713
032 RADIO SYSTEMS........ 343,250 343,250
033 COMM SWITCHING & 40,627 40,627
CONTROL SYSTEMS.
034 COMM & ELEC 43,782 43,782
INFRASTRUCTURE
SUPPORT.
035 CYBERSPACE ACTIVITIES 53,896 53,896
CLASSIFIED PROGRAMS
36A CLASSIFIED PROGRAMS.. 3,797 3,797
ADMINISTRATIVE
VEHICLES
037 COMMERCIAL CARGO 22,460 22,460
VEHICLES.
TACTICAL VEHICLES
038 MOTOR TRANSPORT 10,739 10,739
MODIFICATIONS.
039 JOINT LIGHT TACTICAL 381,675 381,675
VEHICLE.
040 FAMILY OF TACTICAL 2,963 2,963
TRAILERS.
ENGINEER AND OTHER
EQUIPMENT
042 ENVIRONMENTAL CONTROL 385 385
EQUIP ASSORT.
043 TACTICAL FUEL SYSTEMS 501 501
044 POWER EQUIPMENT 23,430 23,430
ASSORTED.
045 AMPHIBIOUS SUPPORT 5,752 5,752
EQUIPMENT.
046 EOD SYSTEMS.......... 20,939 20,939
MATERIALS HANDLING
EQUIPMENT
047 PHYSICAL SECURITY 23,063 23,063
EQUIPMENT.
GENERAL PROPERTY
048 FIELD MEDICAL 4,187 4,187
EQUIPMENT.
049 TRAINING DEVICES..... 101,765 101,765
050 FAMILY OF 19,305 19,305
CONSTRUCTION
EQUIPMENT.
051 ULTRA-LIGHT TACTICAL 678 678
VEHICLE (ULTV).
OTHER SUPPORT
052 ITEMS LESS THAN $5 9,174 9,174
MILLION.
SPARES AND REPAIR
PARTS
053 SPARES AND REPAIR 27,295 27,295
PARTS.
TOTAL 2,903,976 2,960,559
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
TACTICAL FORCES
001 F-35................. 4,567,018 4,236,018
Excess depot [-22,000]
standup funding.
Excess [-156,000]
miscellaneous
support costs.
Excess production [-10,000]
engineering
support.
F135 [-48,000]
affordability
challenges.
Lot 15 target [-75,000]
cost savings.
Unjustified ALIS [-20,000]
funding.
002 F-35 AP.............. 610,800 610,800
004 F-15EX............... 1,269,847 1,269,847
005 F-15EX AP............ 133,500 133,500
TACTICAL AIRLIFT
007 KC-46A MDAP.......... 2,850,151 2,189,151
Decrease quantity [-462,000]
by three aircraft.
Prior year [-119,000]
carryover.
Spares excess to [-40,000]
need due to
quantity decrease.
Wing Air [-40,000]
Refueling Pods
early to need.
OTHER AIRLIFT
008 C-130J............... 37,131 37,131
010 MC-130J.............. 362,807 241,807
Prior year [-121,000]
carryover.
011 MC-130J AP........... 39,987 29,987
FY22 quantity [-10,000]
reduction.
HELICOPTERS
012 UH-1N REPLACEMENT.... 194,016 194,016
013 COMBAT RESCUE 973,473 973,473
HELICOPTER.
MISSION SUPPORT
AIRCRAFT
015 CIVIL AIR PATROL A/C. 2,811 11,211
Program Increase. [8,400]
OTHER AIRCRAFT
016 TARGET DRONES........ 133,273 133,273
018 COMPASS CALL......... 161,117 291,117
Program increase. [130,000]
020 MQ-9................. 29,409 120,209
Program increase. [108,000]
Unjustified [-17,200]
request.
STRATEGIC AIRCRAFT
022 B-1.................. 3,853 3,853
023 B-2A................. 31,476 31,476
024 B-1B................. 21,808 1,808
Slow [-20,000]
modernization
execution.
025 B-52................. 53,949 22,249
[[Page H3262]]
GPS IU early to [-28,700]
need.
Tactical data [-3,000]
link contract
delay.
025A LONG-RANGE STRIKE 20,000
BOMBER ADVANCED
PROCUREMENT.
Advanced [20,000]
procurement.
026 LARGE AIRCRAFT 9,999 9,999
INFRARED
COUNTERMEASURES.
TACTICAL AIRCRAFT
027 A-10................. 135,793 135,793
028 E-11 BACN/HAG........ 33,645 33,645
029 F-15................. 349,304 349,304
030 F-16................. 615,760 615,760
032 F-22A................ 387,905 361,705
Contract delays.. [-26,200]
033 F-35 MODIFICATIONS... 322,185 290,485
Block IV/TR3 [-31,700]
delays.
034 F-15 EPAW............ 31,995 27,195
Concurrency...... [-4,800]
035 INCREMENT 3.2B....... 5,889 5,889
036 KC-46A MDAP.......... 24,085 9,085
Excessive [-15,000]
airworthiness
directives and
service bulletins.
AIRLIFT AIRCRAFT
037 C-5.................. 62,108 50,008
Unjustified PMA [-12,100]
cost growth.
038 C-17A................ 66,798 56,798
BLOS ahead of [-10,000]
need.
040 C-32A................ 2,947 2,947
041 C-37A................ 12,985 5,985
SATCOM installs [-7,000]
ahead of need.
TRAINER AIRCRAFT
042 GLIDER MODS.......... 977 977
043 T-6.................. 26,829 26,829
044 T-1.................. 4,465 4,465
045 T-38................. 36,806 41,806
T-38 ejection [5,000]
seat improvements.
OTHER AIRCRAFT
046 U-2 MODS............. 110,618 110,618
047 KC-10A (ATCA)........ 117 117
049 VC-25A MOD........... 1,983 1,983
050 C-40................. 9,252 7,252
SATCOM installs [-2,000]
ahead of need.
051 C-130................ 5,871 140,671
AMP 1 excess to [-3,800]
need.
Eight-bladed [55,000]
propeller upgrade
kits only.
Improved modular [4,600]
airborne fire
fighting system
(iMAFFS).
T-56 3.5 engine [79,000]
mod.
052 C-130J MODS.......... 140,032 140,032
053 C-135................ 88,250 86,450
Other government [-1,800]
cost growth.
055 COMPASS CALL......... 193,389 193,389
057 RC-135............... 191,332 191,332
058 E-3.................. 172,141 172,141
059 E-4.................. 58,803 58,803
060 E-8.................. 11,037 38,037
Program increase. [27,000]
061 AIRBORNE WARNING AND 53,343 53,343
CNTRL SYS (AWACS) 40/
45.
062 FAMILY OF BEYOND LINE- 1,573 1,573
OF-SIGHT TERMINALS.
063 H-1.................. 4,410 4,410
064 H-60................. 44,538 44,538
065 RQ-4 MODS............ 40,468 40,468
066 HC/MC-130 20,780 20,780
MODIFICATIONS.
067 OTHER AIRCRAFT....... 100,774 100,774
068 MQ-9 MODS............ 188,387 188,387
070 CV-22 MODS........... 122,306 328,506
SOCOM UPL........ [206,200]
AIRCRAFT SPARES AND
REPAIR PARTS
071 INITIAL SPARES/REPAIR 926,683 915,383
PARTS.
Unobligated [-11,300]
balances--F-16s.
COMMON SUPPORT
EQUIPMENT
073 AIRCRAFT REPLACEMENT 132,719 132,719
SUPPORT EQUIP.
POST PRODUCTION
SUPPORT
074 B-2A................. 1,683 1,683
075 B-2B................. 46,734 46,734
076 B-52................. 1,034 1,034
079 E-11 BACN/HAG........ 63,419 63,419
080 F-15................. 2,632 2,632
081 F-16................. 14,163 14,163
083 OTHER AIRCRAFT....... 4,595 4,595
084 RQ-4 POST PRODUCTION 32,585 32,585
CHARGES.
INDUSTRIAL
PREPAREDNESS
085 INDUSTRIAL 18,215 18,215
RESPONSIVENESS.
WAR CONSUMABLES
086 WAR CONSUMABLES...... 36,046 36,046
OTHER PRODUCTION
CHARGES
[[Page H3263]]
087 OTHER PRODUCTION 1,439,640 1,439,640
CHARGES.
CLASSIFIED PROGRAMS
89A CLASSIFIED PROGRAMS.. 21,692 21,692
TOTAL AIRCRAFT 17,908,145 17,233,745
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
MISSILE REPLACEMENT
EQUIPMENT--BALLISTIC
001 MISSILE REPLACEMENT 75,012 75,012
EQ-BALLISTIC.
TACTICAL
002 REPLAC EQUIP & WAR 4,495 4,495
CONSUMABLES.
004 JOINT AIR-SURFACE 475,949 475,949
STANDOFF MISSILE.
005 LRASM0............... 19,800 19,800
006 SIDEWINDER (AIM-9X).. 164,769 164,769
007 AMRAAM............... 453,223 453,223
008 PREDATOR HELLFIRE 40,129 40,129
MISSILE.
009 SMALL DIAMETER BOMB.. 45,475 45,475
010 SMALL DIAMETER BOMB 273,272 273,272
II.
INDUSTRIAL FACILITIES
011 INDUSTR'L PREPAREDNS/ 814 814
POL PREVENTION.
CLASS IV
013 ICBM FUZE MOD........ 3,458 3,458
014 ICBM FUZE MOD AP..... 43,450 43,450
015 MM III MODIFICATIONS. 85,310 85,310
016 AGM-65D MAVERICK..... 298 298
017 AIR LAUNCH CRUISE 52,924 52,924
MISSILE (ALCM).
MISSILE SPARES AND
REPAIR PARTS
018 MSL SPRS/REPAIR PARTS 9,402 9,402
(INITIAL).
019 MSL SPRS/REPAIR PARTS 84,671 84,671
(REPLEN).
SPECIAL PROGRAMS
025 SPECIAL UPDATE 23,501 23,501
PROGRAMS.
CLASSIFIED PROGRAMS
25A CLASSIFIED PROGRAMS.. 540,465 540,465
TOTAL MISSILE 2,396,417 2,396,417
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 14,962 14,962
CARTRIDGES
002 CARTRIDGES........... 123,365 123,365
BOMBS
003 PRACTICE BOMBS....... 59,725 59,725
006 JOINT DIRECT ATTACK 206,989 206,989
MUNITION.
007 B61.................. 35,634 35,634
OTHER ITEMS
009 CAD/PAD.............. 47,830 47,830
010 EXPLOSIVE ORDNANCE 6,232 6,232
DISPOSAL (EOD).
011 SPARES AND REPAIR 542 542
PARTS.
012 MODIFICATIONS........ 1,310 1,310
013 ITEMS LESS THAN 4,753 4,753
$5,000,000.
FLARES
015 FLARES............... 40,088 40,088
FUZES
016 FUZES................ 40,983 40,983
SMALL ARMS
017 SMALL ARMS........... 13,925 13,925
TOTAL 596,338 596,338
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
PROCUREMENT, SPACE
FORCE
SPACE PROCUREMENT, SF
001 ADVANCED EHF......... 14,823 14,823
002 AF SATELLITE COMM 48,326 43,326
SYSTEM.
Insufficient [-5,000]
justification.
003 COUNTERSPACE SYSTEMS. 65,540 57,540
Insufficient [-8,000]
justification.
004 FAMILY OF BEYOND LINE- 66,190 66,190
OF-SIGHT TERMINALS.
005 GENERAL INFORMATION 3,299 3,299
TECH--SPACE.
006 GPSIII FOLLOW ON..... 627,796 612,796
Unjustified [-15,000]
growth.
007 GPS III SPACE SEGMENT 20,122 20,122
008 GLOBAL POSTIONING 2,256 2,256
(SPACE).
009 SPACEBORNE EQUIP 35,495 35,495
(COMSEC).
010 MILSATCOM............ 15,795 15,795
011 SBIR HIGH (SPACE).... 160,891 160,891
012 SPECIAL SPACE 78,387 78,387
ACTIVITIES.
013 NATIONAL SECURITY 1,043,171 1,043,171
SPACE LAUNCH.
014 NUDET DETECTION 6,638 6,638
SYSTEM.
015 ROCKET SYSTEMS LAUNCH 47,741 47,741
PROGRAM.
016 SPACE FENCE.......... 11,279 11,279
017 SPACE MODS........... 96,551 86,551
Insufficient [-10,000]
justification.
018 SPACELIFT RANGE 100,492 100,492
SYSTEM SPACE.
SPARES
[[Page H3264]]
019 SPARES AND REPAIR 1,272 1,272
PARTS.
TOTAL 2,446,064 2,408,064
PROCUREMENT,
SPACE FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 9,016 9,016
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 15,058 15,058
VEHICLE.
003 CAP VEHICLES......... 1,059 1,800
Program increase. [741]
004 CARGO AND UTILITY 38,920 38,920
VEHICLES.
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 30,544 30,544
VEHICLE.
006 SECURITY AND TACTICAL 319 319
VEHICLES.
007 SPECIAL PURPOSE 43,157 34,381
VEHICLES.
Program decrease. [-2,500]
Unjustified [-6,276]
request.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 8,621 8,621
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 12,897 12,897
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 3,577 3,577
CLEANING EQU.
011 BASE MAINTENANCE 43,095 43,095
SUPPORT VEHICLES.
COMM SECURITY
EQUIPMENT(COMSEC)
013 COMSEC EQUIPMENT..... 54,864 54,864
INTELLIGENCE PROGRAMS
014 INTERNATIONAL INTEL 9,283 9,283
TECH & ARCHITECTURES.
015 INTELLIGENCE TRAINING 6,849 6,849
EQUIPMENT.
016 INTELLIGENCE COMM 33,471 33,471
EQUIPMENT.
ELECTRONICS PROGRAMS
017 AIR TRAFFIC CONTROL & 29,409 29,409
LANDING SYS.
018 BATTLE CONTROL 7,909 7,909
SYSTEM--FIXED.
019 THEATER AIR CONTROL 32,632 32,632
SYS IMPROVEMEN.
020 WEATHER OBSERVATION 33,021 33,021
FORECAST.
021 STRATEGIC COMMAND AND 31,353 31,353
CONTROL.
022 CHEYENNE MOUNTAIN 10,314 10,314
COMPLEX.
023 MISSION PLANNING 15,132 15,132
SYSTEMS.
025 INTEGRATED STRAT PLAN 9,806 9,806
& ANALY NETWORK
(ISPAN).
SPCL COMM-ELECTRONICS
PROJECTS
026 GENERAL INFORMATION 39,887 39,887
TECHNOLOGY.
027 AF GLOBAL COMMAND & 2,602 2,602
CONTROL SYS.
029 MOBILITY COMMAND AND 10,541 10,541
CONTROL.
030 AIR FORCE PHYSICAL 96,277 93,777
SECURITY SYSTEM.
Program decrease. [-2,500]
031 COMBAT TRAINING 195,185 195,185
RANGES.
032 MINIMUM ESSENTIAL 29,664 29,664
EMERGENCY COMM N.
033 WIDE AREA 59,633 59,633
SURVEILLANCE (WAS).
034 C3 COUNTERMEASURES... 105,584 105,584
036 DEFENSE ENTERPRISE 899 899
ACCOUNTING & MGT SYS.
038 THEATER BATTLE MGT C2 3,392 3,392
SYSTEM.
039 AIR & SPACE 24,983 24,983
OPERATIONS CENTER
(AOC).
AIR FORCE
COMMUNICATIONS
041 BASE INFORMATION 19,147 19,147
TRANSPT INFRAST
(BITI) WIRED.
042 AFNET................ 84,515 84,515
043 JOINT COMMUNICATIONS 6,185 6,185
SUPPORT ELEMENT
(JCSE).
044 USCENTCOM............ 19,649 19,649
045 USSTRATCOM........... 4,337 4,337
ORGANIZATION AND BASE
046 TACTICAL C-E 137,033 137,033
EQUIPMENT.
047 RADIO EQUIPMENT...... 15,264 15,264
049 BASE COMM 132,281 132,281
INFRASTRUCTURE.
MODIFICATIONS
050 COMM ELECT MODS...... 21,471 21,471
PERSONAL SAFETY &
RESCUE EQUIP
051 PERSONAL SAFETY AND 49,578 49,578
RESCUE EQUIPMENT.
DEPOT PLANT+MTRLS
HANDLING EQ
052 POWER CONDITIONING 11,454 11,454
EQUIPMENT.
053 MECHANIZED MATERIAL 12,110 12,110
HANDLING EQUIP.
BASE SUPPORT
EQUIPMENT
054 BASE PROCURED 21,142 21,142
EQUIPMENT.
055 ENGINEERING AND EOD 7,700 7,700
EQUIPMENT.
056 MOBILITY EQUIPMENT... 18,266 22,966
Program increase. [4,700]
057 FUELS SUPPORT 9,601 9,601
EQUIPMENT (FSE).
058 BASE MAINTENANCE AND 42,078 30,378
SUPPORT EQUIPMENT.
Program decrease. [-4,700]
Unjustified [-7,000]
request.
SPECIAL SUPPORT
PROJECTS
060 DARP RC135........... 27,164 27,164
061 DCGS-AF.............. 121,528 121,528
063 SPECIAL UPDATE 782,641 782,641
PROGRAM.
[[Page H3265]]
CLASSIFIED PROGRAMS
63A CLASSIFIED PROGRAMS.. 21,086,112 21,026,112
Program [-60,000]
adjustment.
SPARES AND REPAIR
PARTS
064 SPARES AND REPAIR 1,664 1,664
PARTS (CYBER).
065 SPARES AND REPAIR 15,847 15,847
PARTS.
TOTAL OTHER 23,695,720 23,618,185
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, OSD
026 MAJOR EQUIPMENT, DPAA 500 500
049 MAJOR EQUIPMENT, OSD. 3,099 3,099
MAJOR EQUIPMENT, NSA
048 INFORMATION SYSTEMS 101 101
SECURITY PROGRAM
(ISSP).
MAJOR EQUIPMENT, WHS
053 MAJOR EQUIPMENT, WHS. 515 515
MAJOR EQUIPMENT, DISA
011 INFORMATION SYSTEMS 17,211 17,211
SECURITY.
012 TELEPORT PROGRAM..... 29,841 29,841
013 JOINT FORCES 3,091 3,091
HEADQUARTERS--DODIN.
014 ITEMS LESS THAN $5 41,569 41,569
MILLION.
016 DEFENSE INFORMATION 26,978 26,978
SYSTEM NETWORK.
017 WHITE HOUSE 44,161 44,161
COMMUNICATION AGENCY.
018 SENIOR LEADERSHIP 35,935 35,935
ENTERPRISE.
019 JOINT REGIONAL 88,741 8,741
SECURITY STACKS
(JRSS).
Program decrease. [-80,000]
020 JOINT SERVICE 157,538 157,538
PROVIDER.
021 FOURTH ESTATE NETWORK 42,084 42,084
OPTIMIZATION (4ENO).
MAJOR EQUIPMENT, DLA
023 MAJOR EQUIPMENT...... 417,459 417,459
MAJOR EQUIPMENT, DCSA
003 MAJOR EQUIPMENT...... 2,212 2,212
MAJOR EQUIPMENT, TJS
050 MAJOR EQUIPMENT, TJS. 8,329 8,329
051 MAJOR EQUIPMENT--TJS 1,247 1,247
CYBER.
MAJOR EQUIPMENT,
MISSILE DEFENSE
AGENCY
031 THAAD................ 495,396 601,396
THAAD battery #8. [106,000]
034 AEGIS BMD............ 356,195 356,195
035 AEGIS BMD AP......... 44,901 44,901
037 SM-3 IIAS............ 218,322 333,322
Increase SM-3 [115,000]
Block IIA
quantities.
038 ARROW 3 UPPER TIER 77,000 77,000
SYSTEMS.
039 SHORT RANGE BALLISTIC 50,000 50,000
MISSILE DEFENSE
(SRBMD).
040 AEGIS ASHORE PHASE 39,114 39,114
III.
041 IRON DOME............ 73,000 73,000
042 AEGIS BMD HARDWARE 104,241 104,241
AND SOFTWARE.
MAJOR EQUIPMENT, DHRA
005 PERSONNEL 4,213 4,213
ADMINISTRATION.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
028 VEHICLES............. 215 215
029 OTHER MAJOR EQUIPMENT 9,994 9,994
MAJOR EQUIPMENT,
DEFENSE SECURITY
COOPERATION AGENCY
027 REGIONAL CENTER 1,598 1,598
PROCUREMENT.
MAJOR EQUIPMENT,
DODEA
025 AUTOMATION/ 1,319 1,319
EDUCATIONAL SUPPORT
& LOGISTICS.
MAJOR EQUIPMENT, DCMA
002 MAJOR EQUIPMENT...... 1,398 1,398
MAJOR EQUIPMENT,
DMACT
024 MAJOR EQUIPMENT...... 7,993 7,993
CLASSIFIED PROGRAMS
54A CLASSIFIED PROGRAMS.. 554,264 554,264
AVIATION PROGRAMS
055 ARMED OVERWATCH/ 101,000 53,000
TARGETING.
Program decrease. [-80,000]
U.S. Special [32,000]
Operations
Command Armed
Overwatch program.
059 ROTARY WING UPGRADES 211,041 211,041
AND SUSTAINMENT.
060 UNMANNED ISR......... 25,488 20,488
Program decrease. [-5,000]
061 NON-STANDARD AVIATION 61,874 56,874
Program decrease. [-5,000]
062 U-28................. 3,825 3,825
063 MH-47 CHINOOK........ 135,482 135,482
064 CV-22 MODIFICATION... 14,829 14,829
065 MQ-9 UNMANNED AERIAL 6,746 6,746
VEHICLE.
066 PRECISION STRIKE 243,111 238,111
PACKAGE.
Program decrease. [-5,000]
067 AC/MC-130J........... 163,914 163,914
068 C-130 MODIFICATIONS.. 20,414 20,414
SHIPBUILDING
069 UNDERWATER SYSTEMS... 20,556 20,556
AMMUNITION PROGRAMS
[[Page H3266]]
070 ORDNANCE ITEMS <$5M.. 186,197 186,197
OTHER PROCUREMENT
PROGRAMS
071 INTELLIGENCE SYSTEMS. 94,982 94,982
072 DISTRIBUTED COMMON 11,645 11,645
GROUND/SURFACE
SYSTEMS.
073 OTHER ITEMS <$5M..... 96,333 96,333
074 COMBATANT CRAFT 17,278 17,278
SYSTEMS.
075 SPECIAL PROGRAMS..... 78,865 71,365
Program decrease. [-7,500]
076 TACTICAL VEHICLES.... 30,158 30,158
077 WARRIOR SYSTEMS <$5M. 260,733 260,733
078 COMBAT MISSION 19,848 19,848
REQUIREMENTS.
079 GLOBAL VIDEO 2,401 2,401
SURVEILLANCE
ACTIVITIES.
080 OPERATIONAL 13,861 8,861
ENHANCEMENTS
INTELLIGENCE.
Program decrease. [-5,000]
081 OPERATIONAL 247,038 242,038
ENHANCEMENTS.
Program decrease. [-5,000]
CBDP
082 CHEMICAL BIOLOGICAL 147,150 147,150
SITUATIONAL
AWARENESS.
083 CB PROTECTION & 149,944 149,944
HAZARD MITIGATION.
TOTAL 5,324,487 5,384,987
PROCUREMENT,
DEFENSE-WIDE.
TOTAL 130,684,160 132,844,847
PROCUREMENT.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4102. PROCUREMENT FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2021 House
Line Item Request Authorized
------------------------------------------------------------------------
AIRCRAFT PROCUREMENT,
ARMY
ROTARY
009 AH-64 APACHE BLOCK 69,154 64,354
IIIB NEW BUILD.
Unjustified costs [-4,800]
014 CH-47 HELICOPTER..... 50,472 50,472
MODIFICATION OF
AIRCRAFT
017 MQ-1 PAYLOAD (MIP)... 5,968 5,968
020 MULTI SENSOR ABN 122,520 122,520
RECON (MIP).
025 EMARSS SEMA MODS 26,460 26,460
(MIP).
030 DEGRADED VISUAL 1,916 1,916
ENVIRONMENT.
GROUND SUPPORT
AVIONICS
037 CMWS................. 149,162 149,162
038 COMMON INFRARED 32,400 32,400
COUNTERMEASURES
(CIRCM).
OTHER SUPPORT
041 AIRCREW INTEGRATED 3,028 3,028
SYSTEMS.
TOTAL AIRCRAFT 461,080 456,280
PROCUREMENT,
ARMY.
MISSILE PROCUREMENT,
ARMY
SURFACE-TO-AIR
MISSILE SYSTEM
002 M-SHORAD--PROCUREMENT 158,300 158,300
003 MSE MISSILE.......... 176,585 176,585
AIR-TO-SURFACE
MISSILE SYSTEM
006 HELLFIRE SYS SUMMARY. 236,265 236,265
ANTI-TANK/ASSAULT
MISSILE SYS
011 GUIDED MLRS ROCKET 127,015 127,015
(GMLRS).
015 LETHAL MINIATURE 84,993 84,993
AERIAL MISSILE
SYSTEM (LMAMS.
MODIFICATIONS
017 ATACMS MODS.......... 78,434 78,434
022 MLRS MODS............ 20,000 20,000
TOTAL MISSILE 881,592 881,592
PROCUREMENT,
ARMY.
PROCUREMENT OF W&TCV,
ARMY
WEAPONS & OTHER
COMBAT VEHICLES
016 MULTI-ROLE ANTI-ARMOR 4,765 4,765
ANTI-PERSONNEL
WEAPON S.
018 MORTAR SYSTEMS....... 10,460 10,460
TOTAL 15,225 15,225
PROCUREMENT OF
W&TCV, ARMY.
PROCUREMENT OF
AMMUNITION, ARMY
SMALL/MEDIUM CAL
AMMUNITION
001 CTG, 5.56MM, ALL 567 567
TYPES.
002 CTG, 7.62MM, ALL 40 40
TYPES.
004 CTG, HANDGUN, ALL 17 17
TYPES.
005 CTG, .50 CAL, ALL 189 189
TYPES.
008 CTG, 30MM, ALL TYPES. 24,900 24,900
ARTILLERY AMMUNITION
016 PROJ 155MM EXTENDED 29,213 29,213
RANGE M982.
017 ARTILLERY 21,675 21,675
PROPELLANTS, FUZES
AND PRIMERS, ALL.
ROCKETS
020 SHOULDER LAUNCHED 176 176
MUNITIONS, ALL TYPES.
021 ROCKET, HYDRA 70, ALL 33,880 33,880
TYPES.
[[Page H3267]]
MISCELLANEOUS
029 ITEMS LESS THAN $5 11 11
MILLION (AMMO).
TOTAL 110,668 110,668
PROCUREMENT OF
AMMUNITION, ARMY.
OTHER PROCUREMENT,
ARMY
TACTICAL VEHICLES
013 FAMILY OF HEAVY 6,500 6,500
TACTICAL VEHICLES
(FHTV).
014 PLS ESP.............. 15,163 15,163
017 TACTICAL WHEELED 27,066 27,066
VEHICLE PROTECTION
KITS.
COMM--SATELLITE
COMMUNICATIONS
030 TRANSPORTABLE 2,700 2,700
TACTICAL COMMAND
COMMUNICATIONS.
032 ASSURED POSITIONING, 12,566 12,566
NAVIGATION AND
TIMING.
033 SMART-T (SPACE)...... 289 289
034 GLOBAL BRDCST SVC-- 319 319
GBS.
COMM--COMBAT
COMMUNICATIONS
045 FAMILY OF MED COMM 1,257 1,257
FOR COMBAT CASUALTY
CARE.
COMM--INTELLIGENCE
COMM
048 CI AUTOMATION 1,230 1,230
ARCHITECTURE (MIP).
INFORMATION SECURITY
052 COMMUNICATIONS 128 128
SECURITY (COMSEC).
COMM--BASE
COMMUNICATIONS
058 INFORMATION SYSTEMS.. 15,277 15,277
062 INSTALLATION INFO 74,004 74,004
INFRASTRUCTURE MOD
PROGRAM.
ELECT EQUIP--TACT INT
REL ACT (TIARA)
068 DCGS-A (MIP)......... 47,709 47,709
070 TROJAN (MIP)......... 1,766 1,766
071 MOD OF IN-SVC EQUIP 61,450 61,450
(INTEL SPT) (MIP).
073 BIOMETRIC TACTICAL 12,337 12,337
COLLECTION DEVICES
(MIP).
ELECT EQUIP--
ELECTRONIC WARFARE
(EW)
080 FAMILY OF PERSISTENT 44,293 44,293
SURVEILLANCE CAP.
(MIP).
081 COUNTERINTELLIGENCE/ 49,100 49,100
SECURITY
COUNTERMEASURES.
ELECT EQUIP--TACTICAL
SURV. (TAC SURV)
083 SENTINEL MODS........ 33,496 33,496
084 NIGHT VISION DEVICES. 643 643
087 RADIATION MONITORING 11 11
SYSTEMS.
088 INDIRECT FIRE 37,000 37,000
PROTECTION FAMILY OF
SYSTEMS.
094 COMPUTER BALLISTICS: 280 280
LHMBC XM32.
095 MORTAR FIRE CONTROL 13,672 13,672
SYSTEM.
ELECT EQUIP--TACTICAL
C2 SYSTEMS
100 AIR & MSL DEFENSE 15,143 15,143
PLANNING & CONTROL
SYS.
ELECT EQUIP--
AUTOMATION
109 ARMY TRAINING 4,688 4,688
MODERNIZATION.
110 AUTOMATED DATA 16,552 16,552
PROCESSING EQUIP.
CHEMICAL DEFENSIVE
EQUIPMENT
121 FAMILY OF NON-LETHAL 25,480 25,480
EQUIPMENT (FNLE).
122 BASE DEFENSE SYSTEMS 98,960 98,960
(BDS).
123 CBRN DEFENSE......... 18,887 18,887
BRIDGING EQUIPMENT
125 TACTICAL BRIDGING.... 50,400 50,400
ENGINEER (NON-
CONSTRUCTION)
EQUIPMENT
137 RENDER SAFE SETS KITS 84,000 84,000
OUTFITS.
COMBAT SERVICE
SUPPORT EQUIPMENT
140 HEATERS AND ECU'S.... 370 370
142 PERSONNEL RECOVERY 3,721 3,721
SUPPORT SYSTEM
(PRSS).
145 FORCE PROVIDER....... 56,400 56,400
146 FIELD FEEDING 2,279 2,279
EQUIPMENT.
147 CARGO AERIAL DEL & 2,040 2,040
PERSONNEL PARACHUTE
SYSTEM.
PETROLEUM EQUIPMENT
150 DISTRIBUTION SYSTEMS, 4,374 4,374
PETROLEUM & WATER.
MEDICAL EQUIPMENT
151 COMBAT SUPPORT 6,390 6,390
MEDICAL.
MAINTENANCE EQUIPMENT
152 MOBILE MAINTENANCE 7,769 7,769
EQUIPMENT SYSTEMS.
153 ITEMS LESS THAN $5.0M 184 184
(MAINT EQ).
CONSTRUCTION
EQUIPMENT
156 LOADERS.............. 3,190 3,190
157 HYDRAULIC EXCAVATOR.. 7,600 7,600
158 TRACTOR, FULL TRACKED 7,450 7,450
160 HIGH MOBILITY 3,703 3,703
ENGINEER EXCAVATOR
(HMEE).
162 CONST EQUIP ESP...... 657 657
GENERATORS
167 GENERATORS AND 106 106
ASSOCIATED EQUIP.
MATERIAL HANDLING
EQUIPMENT
169 FAMILY OF FORKLIFTS.. 1,885 1,885
OTHER SUPPORT
EQUIPMENT
180 RAPID EQUIPPING 8,500 8,500
SOLDIER SUPPORT
EQUIPMENT.
181 PHYSICAL SECURITY 3,248 3,248
SYSTEMS (OPA3).
185 BUILDING, PRE-FAB, 31,845 31,845
RELOCATABLE.
TOTAL OTHER 924,077 924,077
PROCUREMENT,
ARMY.
AIRCRAFT PROCUREMENT,
NAVY
OTHER AIRCRAFT
[[Page H3268]]
024 STUASL0 UAV.......... 7,921 7,921
MODIFICATION OF
AIRCRAFT
053 COMMON ECM EQUIPMENT. 3,474 3,474
055 COMMON DEFENSIVE 3,339 3,339
WEAPON SYSTEM.
064 QRC.................. 18,507 18,507
TOTAL AIRCRAFT 33,241 33,241
PROCUREMENT,
NAVY.
WEAPONS PROCUREMENT,
NAVY
TACTICAL MISSILES
012 HELLFIRE............. 5,572 5,572
TOTAL WEAPONS 5,572 5,572
PROCUREMENT,
NAVY.
PROCUREMENT OF AMMO,
NAVY & MC
NAVY AMMUNITION
001 GENERAL PURPOSE BOMBS 8,068 8,068
002 JDAM................. 15,529 15,529
003 AIRBORNE ROCKETS, ALL 23,000 23,000
TYPES.
004 MACHINE GUN 22,600 22,600
AMMUNITION.
006 CARTRIDGES & CART 3,927 3,927
ACTUATED DEVICES.
007 AIR EXPENDABLE 15,978 15,978
COUNTERMEASURES.
008 JATOS................ 2,100 2,100
011 OTHER SHIP GUN 2,611 2,611
AMMUNITION.
012 SMALL ARMS & LANDING 1,624 1,624
PARTY AMMO.
013 PYROTECHNIC AND 505 505
DEMOLITION.
TOTAL 95,942 95,942
PROCUREMENT OF
AMMO, NAVY & MC.
OTHER PROCUREMENT,
NAVY
SMALL BOATS
028 STANDARD BOATS....... 19,104 19,104
OTHER SHIP SUPPORT
035 SMALL & MEDIUM UUV... 2,946 2,946
ASW ELECTRONIC
EQUIPMENT
043 FIXED SURVEILLANCE 213,000 213,000
SYSTEM.
SONOBUOYS
092 SONOBUOYS--ALL TYPES. 26,196 26,196
AIRCRAFT SUPPORT
EQUIPMENT
095 AIRCRAFT SUPPORT 60,217 60,217
EQUIPMENT.
OTHER ORDNANCE
SUPPORT EQUIPMENT
110 EXPLOSIVE ORDNANCE 2,124 2,124
DISPOSAL EQUIP.
CIVIL ENGINEERING
SUPPORT EQUIPMENT
115 PASSENGER CARRYING 177 177
VEHICLES.
116 GENERAL PURPOSE 416 416
TRUCKS.
118 FIRE FIGHTING 801 801
EQUIPMENT.
SUPPLY SUPPORT
EQUIPMENT
125 FIRST DESTINATION 520 520
TRANSPORTATION.
TRAINING DEVICES
128 TRAINING AND 11,500 11,500
EDUCATION EQUIPMENT.
COMMAND SUPPORT
EQUIPMENT
130 MEDICAL SUPPORT 3,525 3,525
EQUIPMENT.
136 PHYSICAL SECURITY 3,000 3,000
EQUIPMENT.
TOTAL OTHER 343,526 343,526
PROCUREMENT,
NAVY.
PROCUREMENT, MARINE
CORPS
GUIDED MISSILES
012 GUIDED MLRS ROCKET 17,456 17,456
(GMLRS).
OTHER SUPPORT (TEL)
015 MODIFICATION KITS.... 4,200 4,200
INTELL/COMM EQUIPMENT
(NON-TEL)
022 INTELLIGENCE SUPPORT 10,124 10,124
EQUIPMENT.
TACTICAL VEHICLES
038 MOTOR TRANSPORT 16,183 16,183
MODIFICATIONS.
TOTAL 47,963 47,963
PROCUREMENT,
MARINE CORPS.
AIRCRAFT PROCUREMENT,
AIR FORCE
HELICOPTERS
013 COMBAT RESCUE 174,000 174,000
HELICOPTER.
OTHER AIRCRAFT
020 MQ-9................. 142,490 142,490
021 RQ-20B PUMA.......... 13,770 13,770
STRATEGIC AIRCRAFT
026 LARGE AIRCRAFT 57,521 57,521
INFRARED
COUNTERMEASURES.
OTHER AIRCRAFT
046 U-2 MODS............. 9,600 9,600
055 COMPASS CALL......... 12,800 12,800
066 HC/MC-130 58,020 58,020
MODIFICATIONS.
069 MQ-9 UAS PAYLOADS.... 46,100 63,500
WAMI combat loss [17,400]
replacement.
070 CV-22 MODS........... 6,290 6,290
AIRCRAFT SPARES AND
REPAIR PARTS
071 INITIAL SPARES/REPAIR 10,700 10,700
PARTS.
072 MQ-9................. 12,250 12,250
COMMON SUPPORT
EQUIPMENT
[[Page H3269]]
073 AIRCRAFT REPLACEMENT 25,614 25,614
SUPPORT EQUIP.
TOTAL AIRCRAFT 569,155 586,555
PROCUREMENT, AIR
FORCE.
MISSILE PROCUREMENT,
AIR FORCE
TACTICAL
004 JOINT AIR-SURFACE 30,000 30,000
STANDOFF MISSILE.
008 PREDATOR HELLFIRE 143,420 143,420
MISSILE.
009 SMALL DIAMETER BOMB.. 50,352 50,352
TOTAL MISSILE 223,772 223,772
PROCUREMENT, AIR
FORCE.
PROCUREMENT OF
AMMUNITION, AIR
FORCE
ROCKETS
001 ROCKETS.............. 19,489 19,489
CARTRIDGES
002 CARTRIDGES........... 40,434 40,434
BOMBS
004 GENERAL PURPOSE BOMBS 369,566 369,566
006 JOINT DIRECT ATTACK 237,723 237,723
MUNITION.
FLARES
015 FLARES............... 21,171 21,171
FUZES
016 FUZES................ 107,855 107,855
SMALL ARMS
017 SMALL ARMS........... 6,217 6,217
TOTAL 802,455 802,455
PROCUREMENT OF
AMMUNITION, AIR
FORCE.
OTHER PROCUREMENT,
AIR FORCE
PASSENGER CARRYING
VEHICLES
001 PASSENGER CARRYING 1,302 1,302
VEHICLES.
CARGO AND UTILITY
VEHICLES
002 MEDIUM TACTICAL 3,400 3,400
VEHICLE.
004 CARGO AND UTILITY 12,475 12,475
VEHICLES.
SPECIAL PURPOSE
VEHICLES
005 JOINT LIGHT TACTICAL 26,150 26,150
VEHICLE.
007 SPECIAL PURPOSE 51,254 51,254
VEHICLES.
FIRE FIGHTING
EQUIPMENT
008 FIRE FIGHTING/CRASH 24,903 24,903
RESCUE VEHICLES.
MATERIALS HANDLING
EQUIPMENT
009 MATERIALS HANDLING 14,167 14,167
VEHICLES.
BASE MAINTENANCE
SUPPORT
010 RUNWAY SNOW REMOV AND 5,759 5,759
CLEANING EQU.
011 BASE MAINTENANCE 20,653 20,653
SUPPORT VEHICLES.
SPCL COMM-ELECTRONICS
PROJECTS
026 GENERAL INFORMATION 5,100 5,100
TECHNOLOGY.
030 AIR FORCE PHYSICAL 56,496 56,496
SECURITY SYSTEM.
ORGANIZATION AND BASE
049 BASE COMM 30,717 30,717
INFRASTRUCTURE.
BASE SUPPORT
EQUIPMENT
055 ENGINEERING AND EOD 13,172 13,172
EQUIPMENT.
056 MOBILITY EQUIPMENT... 33,694 33,694
057 FUELS SUPPORT 1,777 1,777
EQUIPMENT (FSE).
058 BASE MAINTENANCE AND 31,620 31,620
SUPPORT EQUIPMENT.
SPECIAL SUPPORT
PROJECTS
061 DCGS-AF.............. 18,700 18,700
SPARES AND REPAIR
PARTS
065 SPARES AND REPAIR 4,000 4,000
PARTS.
TOTAL OTHER 355,339 355,339
PROCUREMENT, AIR
FORCE.
PROCUREMENT, DEFENSE-
WIDE
MAJOR EQUIPMENT, DISA
016 DEFENSE INFORMATION 6,120 6,120
SYSTEM NETWORK.
MAJOR EQUIPMENT,
DEFENSE THREAT
REDUCTION AGENCY
030 COUNTER IMPROVISED 2,540 2,540
THREAT TECHNOLOGIES.
CLASSIFIED PROGRAMS
54A CLASSIFIED PROGRAMS.. 3,500 3,500
AVIATION PROGRAMS
056 MANNED ISR........... 5,000 45,100
Combat loss [40,100]
replacement--DHC-
8.
057 MC-12................ 5,000 5,000
060 UNMANNED ISR......... 8,207 8,207
AMMUNITION PROGRAMS
070 ORDNANCE ITEMS <$5M.. 105,355 105,355
OTHER PROCUREMENT
PROGRAMS
071 INTELLIGENCE SYSTEMS. 16,234 16,234
073 OTHER ITEMS <$5M..... 984 984
076 TACTICAL VEHICLES.... 2,990 2,990
077 WARRIOR SYSTEMS <$5M. 32,573 37,573
Development of [5,000]
autonomous, multi-
sensor cUAS
capabilities with
kinetic effects.
078 COMBAT MISSION 10,000 10,000
REQUIREMENTS.
080 OPERATIONAL 6,724 6,724
ENHANCEMENTS
INTELLIGENCE.
081 OPERATIONAL 53,264 53,264
ENHANCEMENTS.
TOTAL 258,491 303,591
PROCUREMENT,
DEFENSE-WIDE.
[[Page H3270]]
NATIONAL GUARD AND
RESERVE EQUIPMENT
ACCOUNT
UNDISTRIBUTED
007 UNDISTRIBUTED........ 150,000
Program increase. [150,000]
TOTAL NATIONAL 150,000
GUARD AND
RESERVE
EQUIPMENT
ACCOUNT.
TOTAL NATIONAL 150,000
GUARD AND
RESERVE
EQUIPMENT.
TOTAL 5,128,098 5,485,798
PROCUREMENT.
------------------------------------------------------------------------
TITLE XLII--RESEARCH, DEVELOPMENT, TEST, AND EVALUATION
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION.
----------------------------------------------------------------------------------------------------------------
SEC. 4201. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2021 House
Line Program Element Item Request Authorized
----------------------------------------------------------------------------------------------------------------
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, ARMY
.................................. BASIC RESEARCH
002 0601102A DEFENSE RESEARCH SCIENCES......... 303,257 308,257
.................................. Counter-UAS Army research lab. [5,000]
003 0601103A UNIVERSITY RESEARCH INITIATIVES... 67,148 67,148
004 0601104A UNIVERSITY AND INDUSTRY RESEARCH 87,877 96,877
CENTERS.
.................................. Automotive research center [5,000]
modeling and simulation.
.................................. Biotechnology advancements.... [4,000]
005 0601121A CYBER COLLABORATIVE RESEARCH 5,077 5,077
ALLIANCE.
.................................. SUBTOTAL BASIC RESEARCH........ 463,359 477,359
..................................
.................................. APPLIED RESEARCH
007 0602115A BIOMEDICAL TECHNOLOGY............. 11,835 11,835
011 0602134A COUNTER IMPROVISED-THREAT ADVANCED 2,000 2,000
STUDIES.
012 0602141A LETHALITY TECHNOLOGY.............. 42,425 47,425
.................................. Next generation additive [5,000]
manufacturing and 3-D printed
electronics.
013 0602142A ARMY APPLIED RESEARCH............. 30,757 30,757
014 0602143A SOLDIER LETHALITY TECHNOLOGY...... 125,435 132,435
.................................. HEROES program increase....... [5,000]
.................................. Syn-bio enabled functional [2,000]
materials for the soldier.
015 0602144A GROUND TECHNOLOGY................. 28,047 45,047
.................................. Cold weather military research [2,000]
.................................. Materials recovery [10,000]
technologies for defense
supply resiliency.
.................................. Polymeric composites via cold [5,000]
spray additive manufacturing.
016 0602145A NEXT GENERATION COMBAT VEHICLE 217,565 217,565
TECHNOLOGY.
017 0602146A NETWORK C3I TECHNOLOGY............ 114,404 129,404
.................................. Alternative positioning [5,000]
navigation and timing.
.................................. Multi-drone/multi-sensor [2,000]
intelligence, surveillance,
and reconnaissance
capabilities.
.................................. Program increase.............. [5,000]
.................................. Sensor and electronic network [3,000]
initatives.
018 0602147A LONG RANGE PRECISION FIRES 60,553 60,553
TECHNOLOGY.
019 0602148A FUTURE VERTICLE LIFT TECHNOLOGY... 96,484 101,484
.................................. High density eVOTL power [5,000]
source research.
020 0602150A AIR AND MISSILE DEFENSE TECHNOLOGY 56,298 76,298
.................................. Advanced tracking and [5,000]
targeting capability.
.................................. High energy laser technology.. [5,000]
.................................. Radar research................ [5,000]
.................................. UAS threat detection.......... [5,000]
022 0602213A C3I APPLIED CYBER................. 18,816 18,816
040 0602785A MANPOWER/PERSONNEL/TRAINING 20,766 20,766
TECHNOLOGY.
042 0602787A MEDICAL TECHNOLOGY................ 95,496 95,496
.................................. SUBTOTAL APPLIED RESEARCH...... 920,881 989,881
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
044 0603002A MEDICAL ADVANCED TECHNOLOGY....... 38,896 38,896
049 0603007A MANPOWER, PERSONNEL AND TRAINING 11,659 11,659
ADVANCED TECHNOLOGY.
052 0603115A MEDICAL DEVELOPMENT............... 27,723 27,723
053 0603117A ARMY ADVANCED TECHNOLOGY 62,663 62,663
DEVELOPMENT.
054 0603118A SOLDIER LETHALITY ADVANCED 109,608 118,608
TECHNOLOGY.
.................................. Advanced AI/AA analytics for [5,000]
modernization and readiness.
.................................. Anthropomorphic study for body [4,000]
armor modernization.
055 0603119A GROUND ADVANCED TECHNOLOGY........ 14,795 23,295
.................................. Rapid entry and sustainment [5,000]
for the arctic.
.................................. Survivability and energy [3,500]
reduction of hard shelters.
059 0603134A COUNTER IMPROVISED-THREAT 25,000 25,000
SIMULATION.
063 0603457A C3I CYBER ADVANCED DEVELOPMENT.... 23,357 23,357
064 0603461A HIGH PERFORMANCE COMPUTING 188,024 188,024
MODERNIZATION PROGRAM.
065 0603462A NEXT GENERATION COMBAT VEHICLE 199,358 216,358
ADVANCED TECHNOLOGY.
.................................. Cyber security support for [2,000]
vehicle development.
.................................. Fuel cell powered vehicle [15,000]
development.
066 0603463A NETWORK C3I ADVANCED TECHNOLOGY... 158,608 163,608
[[Page H3271]]
.................................. Tactical geospatial [5,000]
information development.
067 0603464A LONG RANGE PRECISION FIRES 121,060 131,060
ADVANCED TECHNOLOGY.
.................................. Hypervelocity projectile...... [10,000]
068 0603465A FUTURE VERTICAL LIFT ADVANCED 156,194 156,194
TECHNOLOGY.
069 0603466A AIR AND MISSILE DEFENSE ADVANCED 58,130 63,130
TECHNOLOGY.
.................................. Program acceleration.......... [5,000]
077 0603920A HUMANITARIAN DEMINING............. 8,515 8,515
.................................. SUBTOTAL ADVANCED TECHNOLOGY 1,203,590 1,258,090
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
078 0603305A ARMY MISSLE DEFENSE SYSTEMS 11,062 21,062
INTEGRATION.
.................................. Accelerated test and [10,000]
integration.
079 0603308A ARMY SPACE SYSTEMS INTEGRATION.... 26,230 26,230
080 0603327A AIR AND MISSILE DEFENSE SYSTEMS 26,482 26,482
ENGINEERING.
081 0603619A LANDMINE WARFARE AND BARRIER--ADV 64,092 66,092
DEV.
.................................. MICLIC replacement development [2,000]
083 0603639A TANK AND MEDIUM CALIBER AMMUNITION 92,753 92,753
084 0603645A ARMORED SYSTEM MODERNIZATION--ADV 151,478 163,978
DEV.
.................................. Fuel cell powered vehicle [15,000]
development.
.................................. Modeling and simulation [12,500]
support for vehicle
development.
.................................. Program decrease.............. [-15,000]
085 0603747A SOLDIER SUPPORT AND SURVIVABILITY. 5,841 5,841
086 0603766A TACTICAL ELECTRONIC SURVEILLANCE 194,775 194,775
SYSTEM--ADV DEV.
087 0603774A NIGHT VISION SYSTEMS ADVANCED 24,316 24,316
DEVELOPMENT.
088 0603779A ENVIRONMENTAL QUALITY TECHNOLOGY-- 13,387 13,387
DEM/VAL.
089 0603790A NATO RESEARCH AND DEVELOPMENT..... 4,762 4,762
090 0603801A AVIATION--ADV DEV................. 647,937 647,937
091 0603804A LOGISTICS AND ENGINEER EQUIPMENT-- 4,761 4,761
ADV DEV.
092 0603807A MEDICAL SYSTEMS--ADV DEV.......... 28,520 28,520
093 0603827A SOLDIER SYSTEMS--ADVANCED 26,138 23,138
DEVELOPMENT.
.................................. IHPS program delays........... [-3,000]
094 0604017A ROBOTICS DEVELOPMENT.............. 121,207 115,407
.................................. Program reduction............. [-5,800]
096 0604021A ELECTRONIC WARFARE TECHNOLOGY 22,840 22,840
MATURATION (MIP).
097 0604035A LOW EARTH ORBIT (LEO) SATELLITE 22,678 22,678
CAPABILITY.
098 0604100A ANALYSIS OF ALTERNATIVES.......... 10,082 10,082
099 0604101A SMALL UNMANNED AERIAL VEHICLE 1,378 1,378
(SUAV) (6.4).
100 0604113A FUTURE TACTICAL UNMANNED AIRCRAFT 40,083 40,083
SYSTEM (FTUAS).
101 0604114A LOWER TIER AIR MISSILE DEFENSE 376,373 376,373
(LTAMD) SENSOR.
102 0604115A TECHNOLOGY MATURATION INITIATIVES. 156,834 156,834
103 0604117A MANEUVER--SHORT RANGE AIR DEFENSE 4,995 4,995
(M-SHORAD).
105 0604119A ARMY ADVANCED COMPONENT 170,490 170,490
DEVELOPMENT & PROTOTYPING.
106 0604120A ASSURED POSITIONING, NAVIGATION 128,125 128,125
AND TIMING (PNT).
107 0604121A SYNTHETIC TRAINING ENVIRONMENT 129,547 129,547
REFINEMENT & PROTOTYPING.
108 0604134A COUNTER IMPROVISED-THREAT 13,831 13,831
DEMONSTRATION, PROTOTYPE
DEVELOPMENT, AND TESTING.
109 0604182A HYPERSONICS....................... 801,417 811,417
.................................. Program increase.............. [10,000]
111 0604403A FUTURE INTERCEPTOR................ 7,992 7,992
112 0604541A UNIFIED NETWORK TRANSPORT......... 40,677 40,677
115 0305251A CYBERSPACE OPERATIONS FORCES AND 50,525 50,525
FORCE SUPPORT.
.................................. SUBTOTAL ADVANCED COMPONENT 3,421,608 3,447,308
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
118 0604201A AIRCRAFT AVIONICS................. 2,764 2,764
119 0604270A ELECTRONIC WARFARE DEVELOPMENT.... 62,426 62,426
121 0604601A INFANTRY SUPPORT WEAPONS.......... 91,574 98,574
.................................. Advanced gunner protection kit [2,000]
development.
.................................. Soldier Enhancement Program... [5,000]
122 0604604A MEDIUM TACTICAL VEHICLES.......... 8,523 8,523
123 0604611A JAVELIN........................... 7,493 7,493
124 0604622A FAMILY OF HEAVY TACTICAL VEHICLES. 24,792 24,792
125 0604633A AIR TRAFFIC CONTROL............... 3,511 3,511
126 0604642A LIGHT TACTICAL WHEELED VEHICLES... 1,976 1,976
127 0604645A ARMORED SYSTEMS MODERNIZATION 135,488 135,488
(ASM)--ENG DEV.
128 0604710A NIGHT VISION SYSTEMS--ENG DEV..... 61,445 61,445
129 0604713A COMBAT FEEDING, CLOTHING, AND 2,814 2,814
EQUIPMENT.
130 0604715A NON-SYSTEM TRAINING DEVICES--ENG 28,036 28,036
DEV.
131 0604741A AIR DEFENSE COMMAND, CONTROL AND 43,651 39,651
INTELLIGENCE--ENG DEV.
.................................. Army identified funds excess [-4,000]
to need.
132 0604742A CONSTRUCTIVE SIMULATION SYSTEMS 10,150 10,150
DEVELOPMENT.
133 0604746A AUTOMATIC TEST EQUIPMENT 5,578 5,578
DEVELOPMENT.
134 0604760A DISTRIBUTIVE INTERACTIVE 7,892 7,892
SIMULATIONS (DIS)--ENG DEV.
135 0604768A BRILLIANT ANTI-ARMOR SUBMUNITION 24,975 24,975
(BAT).
136 0604780A COMBINED ARMS TACTICAL TRAINER 3,568 3,568
(CATT) CORE.
137 0604798A BRIGADE ANALYSIS, INTEGRATION AND 19,268 19,268
EVALUATION.
138 0604802A WEAPONS AND MUNITIONS--ENG DEV.... 265,811 265,811
139 0604804A LOGISTICS AND ENGINEER EQUIPMENT-- 49,694 49,694
ENG DEV.
140 0604805A COMMAND, CONTROL, COMMUNICATIONS 11,079 11,079
SYSTEMS--ENG DEV.
141 0604807A MEDICAL MATERIEL/MEDICAL 49,870 49,870
BIOLOGICAL DEFENSE EQUIPMENT--ENG
DEV.
142 0604808A LANDMINE WARFARE/BARRIER--ENG DEV. 9,589 9,589
143 0604818A ARMY TACTICAL COMMAND & CONTROL 162,513 152,513
HARDWARE & SOFTWARE.
[[Page H3272]]
.................................. Command post integrated [-10,000]
infrastructure contract delay.
144 0604820A RADAR DEVELOPMENT................. 109,259 109,259
145 0604822A GENERAL FUND ENTERPRISE BUSINESS 21,201 21,201
SYSTEM (GFEBS).
146 0604823A FIREFINDER........................ 20,008 16,808
.................................. Prior year carry-over......... [-3,200]
147 0604827A SOLDIER SYSTEMS--WARRIOR DEM/VAL.. 6,534 6,534
148 0604852A SUITE OF SURVIVABILITY ENHANCEMENT 82,459 109,380
SYSTEMS--EMD.
.................................. Prior year carry-over......... [-5,079]
.................................. Program increase for vehicle [32,000]
protection systems.
149 0604854A ARTILLERY SYSTEMS--EMD............ 11,611 11,611
150 0605013A INFORMATION TECHNOLOGY DEVELOPMENT 142,678 137,678
.................................. Reprioritization.............. [-5,000]
151 0605018A INTEGRATED PERSONNEL AND PAY 115,286 115,286
SYSTEM-ARMY (IPPS-A).
152 0605028A ARMORED MULTI-PURPOSE VEHICLE 96,594 76,594
(AMPV).
.................................. Army identified funds excess [-20,000]
to need.
154 0605030A JOINT TACTICAL NETWORK CENTER 16,264 16,264
(JTNC).
155 0605031A JOINT TACTICAL NETWORK (JTN)...... 31,696 31,696
157 0605033A GROUND-BASED OPERATIONAL 5,976 5,976
SURVEILLANCE SYSTEM--
EXPEDITIONARY (GBOSS-E).
159 0605035A COMMON INFRARED COUNTERMEASURES 23,321 28,321
(CIRCM).
.................................. AI virtual training [5,000]
environments.
161 0605038A NUCLEAR BIOLOGICAL CHEMICAL 4,846 4,846
RECONNAISSANCE VEHICLE (NBCRV)
SENSOR SUITE.
162 0605041A DEFENSIVE CYBER TOOL DEVELOPMENT.. 28,544 28,544
163 0605042A TACTICAL NETWORK RADIO SYSTEMS 28,178 28,178
(LOW-TIER).
164 0605047A CONTRACT WRITING SYSTEM........... 22,860 22,860
166 0605051A AIRCRAFT SURVIVABILITY DEVELOPMENT 35,893 35,893
167 0605052A INDIRECT FIRE PROTECTION 235,770 187,970
CAPABILITY INC 2--BLOCK 1.
.................................. Army identified funds excess [-47,800]
to need.
168 0605053A GROUND ROBOTICS................... 13,710 13,710
169 0605054A EMERGING TECHNOLOGY INITIATIVES... 294,739 284,739
.................................. Program decrease.............. [-10,000]
170 0605145A MEDICAL PRODUCTS AND SUPPORT 954 954
SYSTEMS DEVELOPMENT.
171 0605203A ARMY SYSTEM DEVELOPMENT & 150,201 150,201
DEMONSTRATION.
172 0605205A SMALL UNMANNED AERIAL VEHICLE 5,999 5,999
(SUAV) (6.5).
174 0605450A JOINT AIR-TO-GROUND MISSILE (JAGM) 8,891 8,891
175 0605457A ARMY INTEGRATED AIR AND MISSILE 193,929 193,929
DEFENSE (AIAMD).
176 0605625A MANNED GROUND VEHICLE............. 327,732 244,732
.................................. Army identified funds excess [-83,000]
to need.
177 0605766A NATIONAL CAPABILITIES INTEGRATION 7,670 7,670
(MIP).
178 0605812A JOINT LIGHT TACTICAL VEHICLE 1,742 1,742
(JLTV) ENGINEERING AND
MANUFACTURING DEVELOPMENT PH.
179 0605830A AVIATION GROUND SUPPORT EQUIPMENT. 1,467 4,467
.................................. Aircraft cleaning and deicing [3,000]
system development.
180 0303032A TROJAN--RH12...................... 3,451 3,451
183 0304270A ELECTRONIC WARFARE DEVELOPMENT.... 55,855 55,855
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,199,798 3,058,719
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
185 0604256A THREAT SIMULATOR DEVELOPMENT...... 14,515 14,515
186 0604258A TARGET SYSTEMS DEVELOPMENT........ 10,668 10,668
187 0604759A MAJOR T&E INVESTMENT.............. 106,270 111,270
.................................. Program increase.............. [5,000]
188 0605103A RAND ARROYO CENTER................ 13,481 13,481
189 0605301A ARMY KWAJALEIN ATOLL.............. 231,824 231,824
190 0605326A CONCEPTS EXPERIMENTATION PROGRAM.. 54,898 54,898
192 0605601A ARMY TEST RANGES AND FACILITIES... 350,359 350,359
193 0605602A ARMY TECHNICAL TEST 48,475 62,975
INSTRUMENTATION AND TARGETS.
.................................. Aviation component testing.... [5,000]
.................................. Testing additive manufacturing [9,500]
technology.
194 0605604A SURVIVABILITY/LETHALITY ANALYSIS.. 36,001 36,001
195 0605606A AIRCRAFT CERTIFICATION............ 2,736 2,736
196 0605702A METEOROLOGICAL SUPPORT TO RDT&E 6,488 6,488
ACTIVITIES.
197 0605706A MATERIEL SYSTEMS ANALYSIS......... 21,859 21,859
198 0605709A EXPLOITATION OF FOREIGN ITEMS..... 7,936 7,936
199 0605712A SUPPORT OF OPERATIONAL TESTING.... 54,470 54,470
200 0605716A ARMY EVALUATION CENTER............ 63,141 63,141
201 0605718A ARMY MODELING & SIM X-CMD 2,572 2,572
COLLABORATION & INTEG.
202 0605801A PROGRAMWIDE ACTIVITIES............ 87,472 87,472
203 0605803A TECHNICAL INFORMATION ACTIVITIES.. 26,244 26,244
204 0605805A MUNITIONS STANDARDIZATION, 40,133 50,133
EFFECTIVENESS AND SAFETY.
.................................. Development of polymer-cased [5,000]
ammunition.
.................................. Program acceleration.......... [5,000]
205 0605857A ENVIRONMENTAL QUALITY TECHNOLOGY 1,780 1,780
MGMT SUPPORT.
206 0605898A ARMY DIRECT REPORT HEADQUARTERS-- 55,045 55,045
R&D - MHA.
208 0606002A RONALD REAGAN BALLISTIC MISSILE 71,306 71,306
DEFENSE TEST SITE.
209 0606003A COUNTERINTEL AND HUMAN INTEL 1,063 1,063
MODERNIZATION.
210 0606105A MEDICAL PROGRAM-WIDE ACTIVITIES... 19,891 19,891
211 0606942A ASSESSMENTS AND EVALUATIONS CYBER 4,496 4,496
VULNERABILITIES.
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 1,333,123 1,362,623
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
214 0603778A MLRS PRODUCT IMPROVEMENT PROGRAM.. 10,157 10,157
216 0605024A ANTI-TAMPER TECHNOLOGY SUPPORT.... 8,682 8,682
[[Page H3273]]
217 0607131A WEAPONS AND MUNITIONS PRODUCT 20,409 20,409
IMPROVEMENT PROGRAMS.
219 0607134A LONG RANGE PRECISION FIRES (LRPF). 122,733 56,633
.................................. Program reduction............. [-66,100]
221 0607136A BLACKHAWK PRODUCT IMPROVEMENT 11,236 16,236
PROGRAM.
.................................. Thermoplastic drive shafts.... [5,000]
222 0607137A CHINOOK PRODUCT IMPROVEMENT 46,091 51,091
PROGRAM.
.................................. Carbon composite materials for [5,000]
wheels and brakes.
224 0607139A IMPROVED TURBINE ENGINE PROGRAM... 249,257 249,257
225 0607142A AVIATION ROCKET SYSTEM PRODUCT 17,155 17,155
IMPROVEMENT AND DEVELOPMENT.
226 0607143A UNMANNED AIRCRAFT SYSTEM UNIVERSAL 7,743 7,743
PRODUCTS.
227 0607145A APACHE FUTURE DEVELOPMENT......... 77,177 77,177
228 0607150A INTEL CYBER DEVELOPMENT........... 14,652 14,652
229 0607312A ARMY OPERATIONAL SYSTEMS 35,851 35,851
DEVELOPMENT.
230 0607665A FAMILY OF BIOMETRICS.............. 1,324 1,324
231 0607865A PATRIOT PRODUCT IMPROVEMENT....... 187,840 187,840
232 0203728A JOINT AUTOMATED DEEP OPERATION 44,691 44,691
COORDINATION SYSTEM (JADOCS).
233 0203735A COMBAT VEHICLE IMPROVEMENT 268,919 263,252
PROGRAMS.
.................................. CROWS-J program delay......... [-5,667]
234 0203743A 155MM SELF-PROPELLED HOWITZER 427,254 290,963
IMPROVEMENTS.
.................................. Prior year carry-over......... [-6,291]
.................................. Program decrease.............. [-130,000]
235 0203744A AIRCRAFT MODIFICATIONS/PRODUCT 11,688 7,688
IMPROVEMENT PROGRAMS.
.................................. Early to need................. [-4,000]
236 0203752A AIRCRAFT ENGINE COMPONENT 80 80
IMPROVEMENT PROGRAM.
237 0203758A DIGITIZATION...................... 4,516 4,516
238 0203801A MISSILE/AIR DEFENSE PRODUCT 1,288 1,288
IMPROVEMENT PROGRAM.
239 0203802A OTHER MISSILE PRODUCT IMPROVEMENT 79,424 19,424
PROGRAMS.
.................................. Program decrease.............. [-60,000]
243 0205412A ENVIRONMENTAL QUALITY TECHNOLOGY-- 259 259
OPERATIONAL SYSTEM DEV.
244 0205456A LOWER TIER AIR AND MISSILE DEFENSE 166 166
(AMD) SYSTEM.
245 0205778A GUIDED MULTIPLE-LAUNCH ROCKET 75,575 75,575
SYSTEM (GMLRS).
246 0208053A JOINT TACTICAL GROUND SYSTEM...... 9,510 9,510
249 0303140A INFORMATION SYSTEMS SECURITY 29,270 29,270
PROGRAM.
250 0303141A GLOBAL COMBAT SUPPORT SYSTEM...... 86,908 86,908
251 0303142A SATCOM GROUND ENVIRONMENT (SPACE). 18,684 18,684
256 0305179A INTEGRATED BROADCAST SERVICE (IBS) 467 467
257 0305204A TACTICAL UNMANNED AERIAL VEHICLES. 4,051 4,051
258 0305206A AIRBORNE RECONNAISSANCE SYSTEMS... 13,283 13,283
259 0305208A DISTRIBUTED COMMON GROUND/SURFACE 47,204 47,204
SYSTEMS.
264 0708045A END ITEM INDUSTRIAL PREPAREDNESS 61,012 67,012
ACTIVITIES.
.................................. 6.8mm projectile development.. [4,000]
.................................. Lightweight film armor [2,000]
development.
266A 9999999999 CLASSIFIED PROGRAMS............... 3,983 3,983
.................................. SUBTOTAL OPERATIONAL SYSTEMS 1,998,539 1,742,481
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
267 0608041A DEFENSIVE CYBER--SOFTWARE 46,445 46,445
PROTOTYPE DEVELOPMENT.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 46,445 46,445
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 12,587,343 12,382,906
TEST & EVAL, ARMY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, NAVY
.................................. BASIC RESEARCH
001 0601103N UNIVERSITY RESEARCH INITIATIVES... 116,816 121,816
.................................. Navy Defense University [5,000]
Research Instrumentation
program increase.
002 0601152N IN-HOUSE LABORATORY INDEPENDENT 19,113 19,113
RESEARCH.
003 0601153N DEFENSE RESEARCH SCIENCES......... 467,158 467,158
.................................. SUBTOTAL BASIC RESEARCH........ 603,087 608,087
..................................
.................................. APPLIED RESEARCH
004 0602114N POWER PROJECTION APPLIED RESEARCH. 17,792 17,792
005 0602123N FORCE PROTECTION APPLIED RESEARCH. 122,281 147,281
.................................. Additive manufacturing of [5,000]
unmanned maritime systems.
.................................. Cyber physical security and [5,000]
resiliency research.
.................................. Expeditionary unmanned systems [5,000]
launch and recovery.
.................................. Talent and technology for [5,000]
power and energy systems.
.................................. Unmanned logistics technology. [5,000]
006 0602131M MARINE CORPS LANDING FORCE 50,623 50,623
TECHNOLOGY.
007 0602235N COMMON PICTURE APPLIED RESEARCH... 48,001 48,001
008 0602236N WARFIGHTER SUSTAINMENT APPLIED 67,765 77,765
RESEARCH.
.................................. High mobility ground robots... [5,000]
.................................. Robotics in complex [5,000]
unstructured environments.
009 0602271N ELECTROMAGNETIC SYSTEMS APPLIED 84,994 84,994
RESEARCH.
010 0602435N OCEAN WARFIGHTING ENVIRONMENT 63,392 73,392
APPLIED RESEARCH.
.................................. Extreme weather events [5,000]
research.
.................................. Program increase.............. [5,000]
011 0602651M JOINT NON-LETHAL WEAPONS APPLIED 6,343 6,343
RESEARCH.
012 0602747N UNDERSEA WARFARE APPLIED RESEARCH. 56,397 91,397
.................................. Academic partnerships for [10,000]
undersea vehicle research.
.................................. Autonomous undersea robotics.. [10,000]
.................................. Cross-domain autonomy for [10,000]
persistent maritime operations.
.................................. Expandable structures for [5,000]
operational effectiveness
research.
[[Page H3274]]
013 0602750N FUTURE NAVAL CAPABILITIES APPLIED 167,590 167,590
RESEARCH.
014 0602782N MINE AND EXPEDITIONARY WARFARE 30,715 30,715
APPLIED RESEARCH.
015 0602792N INNOVATIVE NAVAL PROTOTYPES (INP) 160,537 160,537
APPLIED RESEARCH.
016 0602861N SCIENCE AND TECHNOLOGY MANAGEMENT-- 76,745 76,745
ONR FIELD ACITIVITIES.
.................................. SUBTOTAL APPLIED RESEARCH...... 953,175 1,033,175
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603123N FORCE PROTECTION ADVANCED 24,410 29,410
TECHNOLOGY.
.................................. Additive manufacturing........ [5,000]
018 0603271N ELECTROMAGNETIC SYSTEMS ADVANCED 8,008 8,008
TECHNOLOGY.
019 0603640M USMC ADVANCED TECHNOLOGY 219,045 249,045
DEMONSTRATION (ATD).
.................................. Expeditionary autonomous [5,000]
logistics.
.................................. Heavy payload solar powered [20,000]
UAS.
.................................. Modular Advanced Armed Robotic [5,000]
System.
020 0603651M JOINT NON-LETHAL WEAPONS 13,301 13,301
TECHNOLOGY DEVELOPMENT.
021 0603673N FUTURE NAVAL CAPABILITIES ADVANCED 246,054 246,054
TECHNOLOGY DEVELOPMENT.
022 0603680N MANUFACTURING TECHNOLOGY PROGRAM.. 60,122 60,122
023 0603729N WARFIGHTER PROTECTION ADVANCED 4,851 4,851
TECHNOLOGY.
024 0603758N NAVY WARFIGHTING EXPERIMENTS AND 40,709 40,709
DEMONSTRATIONS.
025 0603782N MINE AND EXPEDITIONARY WARFARE 1,948 1,948
ADVANCED TECHNOLOGY.
026 0603801N INNOVATIVE NAVAL PROTOTYPES (INP) 141,948 161,948
ADVANCED TECHNOLOGY DEVELOPMENT.
.................................. Accelerated railgun technology [20,000]
maturation.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 760,396 815,396
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
027 0603178N MEDIUM AND LARGE UNMANNED SURFACE 464,042 270,442
VEHICLES (USVS).
.................................. EPF conversion to LUSV [45,000]
prototype.
.................................. Two additional Overlord [-238,600]
vessels excess to need.
028 0603207N AIR/OCEAN TACTICAL APPLICATIONS... 35,386 35,386
029 0603216N AVIATION SURVIVABILITY............ 13,428 13,428
030 0603239N ISO NAVAL CONSTRUCTION FORCES..... 2,350 2,350
031 0603251N AIRCRAFT SYSTEMS.................. 418 418
032 0603254N ASW SYSTEMS DEVELOPMENT........... 15,719 15,719
033 0603261N TACTICAL AIRBORNE RECONNAISSANCE.. 3,411 3,411
034 0603382N ADVANCED COMBAT SYSTEMS TECHNOLOGY 70,218 70,218
035 0603502N SURFACE AND SHALLOW WATER MINE 52,358 52,358
COUNTERMEASURES.
036 0603506N SURFACE SHIP TORPEDO DEFENSE...... 12,816 12,816
037 0603512N CARRIER SYSTEMS DEVELOPMENT....... 7,559 7,559
038 0603525N PILOT FISH........................ 358,757 278,557
.................................. Excess cost growth............ [-25,000]
.................................. Program adjustment............ [-55,200]
039 0603527N RETRACT LARCH..................... 12,562 12,562
040 0603536N RETRACT JUNIPER................... 148,000 148,000
041 0603542N RADIOLOGICAL CONTROL.............. 778 778
042 0603553N SURFACE ASW....................... 1,161 1,161
043 0603561N ADVANCED SUBMARINE SYSTEM 185,356 90,356
DEVELOPMENT.
.................................. Excessive accelerated [-28,200]
development.
.................................. Project 1 insufficient budget [-66,800]
justification.
044 0603562N SUBMARINE TACTICAL WARFARE SYSTEMS 10,528 10,528
045 0603563N SHIP CONCEPT ADVANCED DESIGN...... 126,396 136,396
.................................. Expeditionary sustainment and [5,000]
repair-related technologies.
.................................. Polymorphic build farm for [5,000]
open source technologies.
046 0603564N SHIP PRELIMINARY DESIGN & 70,270 70,270
FEASIBILITY STUDIES.
047 0603570N ADVANCED NUCLEAR POWER SYSTEMS.... 149,188 149,188
048 0603573N ADVANCED SURFACE MACHINERY SYSTEMS 38,449 38,449
049 0603576N CHALK EAGLE....................... 71,181 71,181
050 0603581N LITTORAL COMBAT SHIP (LCS)........ 32,178 32,178
051 0603582N COMBAT SYSTEM INTEGRATION......... 17,843 17,843
052 0603595N OHIO REPLACEMENT.................. 317,196 317,196
053 0603596N LCS MISSION MODULES............... 67,875 67,875
054 0603597N AUTOMATED TEST AND ANALYSIS....... 4,797 4,797
055 0603599N FRIGATE DEVELOPMENT............... 82,309 82,309
056 0603609N CONVENTIONAL MUNITIONS............ 9,922 9,922
057 0603635M MARINE CORPS GROUND COMBAT/SUPPORT 189,603 182,603
SYSTEM.
.................................. Program delay................. [-7,000]
058 0603654N JOINT SERVICE EXPLOSIVE ORDNANCE 43,084 43,084
DEVELOPMENT.
059 0603713N OCEAN ENGINEERING TECHNOLOGY 6,346 6,346
DEVELOPMENT.
060 0603721N ENVIRONMENTAL PROTECTION.......... 20,601 20,601
061 0603724N NAVY ENERGY PROGRAM............... 23,422 23,422
062 0603725N FACILITIES IMPROVEMENT............ 4,664 4,664
063 0603734N CHALK CORAL....................... 545,763 520,763
.................................. Excess cost growth............ [-25,000]
064 0603739N NAVY LOGISTIC PRODUCTIVITY........ 3,884 3,884
065 0603746N RETRACT MAPLE..................... 353,226 353,226
066 0603748N LINK PLUMERIA..................... 544,388 519,388
.................................. Excess cost growth............ [-25,000]
067 0603751N RETRACT ELM....................... 86,730 86,730
068 0603764M LINK EVERGREEN.................... 236,234 236,234
070 0603790N NATO RESEARCH AND DEVELOPMENT..... 6,880 6,880
071 0603795N LAND ATTACK TECHNOLOGY............ 10,578 10,578
072 0603851M JOINT NON-LETHAL WEAPONS TESTING.. 28,435 28,435
073 0603860N JOINT PRECISION APPROACH AND 33,612 33,612
LANDING SYSTEMS--DEM/VAL.
[[Page H3275]]
074 0603925N DIRECTED ENERGY AND ELECTRIC 128,845 216,845
WEAPON SYSTEMS.
.................................. One additional system......... [88,000]
075 0604014N F/A -18 INFRARED SEARCH AND TRACK 84,190 84,190
(IRST).
076 0604027N DIGITAL WARFARE OFFICE............ 54,699 54,699
077 0604028N SMALL AND MEDIUM UNMANNED UNDERSEA 53,942 53,942
VEHICLES.
078 0604029N UNMANNED UNDERSEA VEHICLE CORE 40,060 40,060
TECHNOLOGIES.
079 0604030N RAPID PROTOTYPING, EXPERIMENTATION 12,100 12,100
AND DEMONSTRATION..
080 0604031N LARGE UNMANNED UNDERSEA VEHICLES.. 78,122 42,122
.................................. Early to need, phase 1 results [-36,000]
needed first.
081 0604112N GERALD R. FORD CLASS NUCLEAR 107,895 107,895
AIRCRAFT CARRIER (CVN 78--80).
082 0604126N LITTORAL AIRBORNE MCM............. 17,366 17,366
083 0604127N SURFACE MINE COUNTERMEASURES...... 18,754 18,754
084 0604272N TACTICAL AIR DIRECTIONAL INFRARED 59,776 59,776
COUNTERMEASURES (TADIRCM).
086 0604292N FUTURE VERTICAL LIFT (MARITIME 5,097 5,097
STRIKE).
087 0604320M RAPID TECHNOLOGY CAPABILITY 3,664 3,664
PROTOTYPE.
088 0604454N LX (R)............................ 10,203 10,203
089 0604536N ADVANCED UNDERSEA PROTOTYPING..... 115,858 105,858
.................................. XLUUV late test and evaluation [-10,000]
award.
090 0604636N COUNTER UNMANNED AIRCRAFT SYSTEMS 14,259 14,259
(C-UAS).
091 0604659N PRECISION STRIKE WEAPONS 1,102,387 1,087,387
DEVELOPMENT PROGRAM.
.................................. Transition to DDG-1000-- [-15,000]
initial integration.
092 0604707N SPACE AND ELECTRONIC WARFARE (SEW) 7,657 7,657
ARCHITECTURE/ENGINEERING SUPPORT.
093 0604786N OFFENSIVE ANTI-SURFACE WARFARE 35,750 35,750
WEAPON DEVELOPMENT.
094 0303354N ASW SYSTEMS DEVELOPMENT--MIP...... 9,151 9,151
095 0304240M ADVANCED TACTICAL UNMANNED 22,589 6,989
AIRCRAFT SYSTEM.
.................................. K-MAX......................... [7,000]
.................................. MUX uncertain acquisition [-22,600]
strategy.
097 0304270N ELECTRONIC WARFARE DEVELOPMENT-- 809 809
MIP.
.................................. SUBTOTAL ADVANCED COMPONENT 6,503,074 6,098,674
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
098 0603208N TRAINING SYSTEM AIRCRAFT.......... 4,332 4,332
099 0604212N OTHER HELO DEVELOPMENT............ 18,133 18,133
100 0604214M AV-8B AIRCRAFT--ENG DEV........... 20,054 20,054
101 0604215N STANDARDS DEVELOPMENT............. 4,237 4,237
102 0604216N MULTI-MISSION HELICOPTER UPGRADE 27,340 27,340
DEVELOPMENT.
104 0604221N P-3 MODERNIZATION PROGRAM......... 606 606
105 0604230N WARFARE SUPPORT SYSTEM............ 9,065 9,065
106 0604231N TACTICAL COMMAND SYSTEM........... 97,968 97,968
107 0604234N ADVANCED HAWKEYE.................. 309,373 309,373
108 0604245M H-1 UPGRADES...................... 62,310 62,310
109 0604261N ACOUSTIC SEARCH SENSORS........... 47,182 47,182
110 0604262N V-22A............................. 132,624 132,624
111 0604264N AIR CREW SYSTEMS DEVELOPMENT...... 21,445 21,445
112 0604269N EA-18............................. 106,134 106,134
113 0604270N ELECTRONIC WARFARE DEVELOPMENT.... 134,194 134,194
114 0604273M EXECUTIVE HELO DEVELOPMENT........ 99,321 99,321
115 0604274N NEXT GENERATION JAMMER (NGJ)...... 477,680 487,680
.................................. High band risk reduction...... [10,000]
116 0604280N JOINT TACTICAL RADIO SYSTEM--NAVY 232,818 232,818
(JTRS-NAVY).
117 0604282N NEXT GENERATION JAMMER (NGJ) 170,039 170,039
INCREMENT II.
118 0604307N SURFACE COMBATANT COMBAT SYSTEM 403,712 403,712
ENGINEERING.
119 0604311N LPD-17 CLASS SYSTEMS INTEGRATION.. 945 945
120 0604329N SMALL DIAMETER BOMB (SDB)......... 62,488 62,488
121 0604366N STANDARD MISSILE IMPROVEMENTS..... 386,225 359,225
.................................. SM-6 excessive cost growth; [-27,000]
program accountability.
122 0604373N AIRBORNE MCM...................... 10,909 10,909
123 0604378N NAVAL INTEGRATED FIRE CONTROL-- 44,548 44,548
COUNTER AIR SYSTEMS ENGINEERING.
124 0604419N ADVANCED SENSORS APPLICATION 13,673 13,673
PROGRAM (ASAP).
125 0604501N ADVANCED ABOVE WATER SENSORS...... 87,809 87,809
126 0604503N SSN-688 AND TRIDENT MODERNIZATION. 93,097 111,097
.................................. Submarine electronic warfare [18,000]
capability improvement.
127 0604504N AIR CONTROL....................... 38,863 38,863
128 0604512N SHIPBOARD AVIATION SYSTEMS........ 9,593 9,593
129 0604518N COMBAT INFORMATION CENTER 12,718 12,718
CONVERSION.
130 0604522N AIR AND MISSILE DEFENSE RADAR 78,319 78,319
(AMDR) SYSTEM.
131 0604530N ADVANCED ARRESTING GEAR (AAG)..... 65,834 65,834
132 0604558N NEW DESIGN SSN.................... 259,443 282,943
.................................. Accelerate design............. [23,500]
133 0604562N SUBMARINE TACTICAL WARFARE SYSTEM. 63,878 63,878
134 0604567N SHIP CONTRACT DESIGN/ LIVE FIRE 51,853 66,453
T&E.
.................................. Advanced Degaussing System.... [14,600]
135 0604574N NAVY TACTICAL COMPUTER RESOURCES.. 3,853 3,853
136 0604601N MINE DEVELOPMENT.................. 92,607 65,107
.................................. Forward funded in FY20........ [-27,500]
137 0604610N LIGHTWEIGHT TORPEDO DEVELOPMENT... 146,012 146,012
138 0604654N JOINT SERVICE EXPLOSIVE ORDNANCE 8,383 8,383
DEVELOPMENT.
139 0604657M USMC GROUND COMBAT/SUPPORTING ARMS 33,784 33,784
SYSTEMS--ENG DEV.
140 0604703N PERSONNEL, TRAINING, SIMULATION, 8,599 8,599
AND HUMAN FACTORS.
141 0604727N JOINT STANDOFF WEAPON SYSTEMS..... 73,744 73,744
142 0604755N SHIP SELF DEFENSE (DETECT & 157,490 157,490
CONTROL).
143 0604756N SHIP SELF DEFENSE (ENGAGE: HARD 121,761 121,761
KILL).
[[Page H3276]]
144 0604757N SHIP SELF DEFENSE (ENGAGE: SOFT 89,373 89,373
KILL/EW).
145 0604761N INTELLIGENCE ENGINEERING.......... 15,716 15,716
146 0604771N MEDICAL DEVELOPMENT............... 2,120 22,120
.................................. Autonomous aerial distributed [10,000]
logistics.
.................................. ETEC disease research......... [10,000]
147 0604777N NAVIGATION/ID SYSTEM.............. 50,180 50,180
148 0604800M JOINT STRIKE FIGHTER (JSF)--EMD... 561 561
149 0604800N JOINT STRIKE FIGHTER (JSF)--EMD... 250 250
150 0604850N SSN(X)............................ 1,000 1,000
151 0605013M INFORMATION TECHNOLOGY DEVELOPMENT 974 974
152 0605013N INFORMATION TECHNOLOGY DEVELOPMENT 356,173 351,173
.................................. Unjustified growth............ [-5,000]
153 0605024N ANTI-TAMPER TECHNOLOGY SUPPORT.... 7,810 7,810
154 0605212M CH-53K RDTE....................... 406,406 406,406
155 0605215N MISSION PLANNING.................. 86,134 86,134
156 0605217N COMMON AVIONICS................... 54,540 54,540
157 0605220N SHIP TO SHORE CONNECTOR (SSC)..... 5,155 5,155
158 0605327N T-AO 205 CLASS.................... 5,148 5,148
159 0605414N UNMANNED CARRIER AVIATION (UCA)... 266,970 266,970
160 0605450M JOINT AIR-TO-GROUND MISSILE (JAGM) 12,713 12,713
161 0605500N MULTI-MISSION MARITIME AIRCRAFT 24,424 24,424
(MMA).
162 0605504N MULTI-MISSION MARITIME (MMA) 182,870 182,870
INCREMENT III.
163 0605611M MARINE CORPS ASSAULT VEHICLES 41,775 41,775
SYSTEM DEVELOPMENT &
DEMONSTRATION.
164 0605813M JOINT LIGHT TACTICAL VEHICLE 2,541 2,541
(JLTV) SYSTEM DEVELOPMENT &
DEMONSTRATION.
165 0204202N DDG-1000.......................... 208,448 223,448
.................................. Transfer from CPS--initial [15,000]
integration.
169 0304785N TACTICAL CRYPTOLOGIC SYSTEMS...... 111,434 111,434
170 0306250M CYBER OPERATIONS TECHNOLOGY 26,173 26,173
DEVELOPMENT.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 6,263,883 6,305,483
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
171 0604256N THREAT SIMULATOR DEVELOPMENT...... 22,075 22,075
172 0604258N TARGET SYSTEMS DEVELOPMENT........ 10,224 10,224
173 0604759N MAJOR T&E INVESTMENT.............. 85,195 85,195
175 0605152N STUDIES AND ANALYSIS SUPPORT--NAVY 3,089 3,089
176 0605154N CENTER FOR NAVAL ANALYSES......... 43,517 43,517
179 0605804N TECHNICAL INFORMATION SERVICES.... 932 932
180 0605853N MANAGEMENT, TECHNICAL & 94,297 94,297
INTERNATIONAL SUPPORT.
181 0605856N STRATEGIC TECHNICAL SUPPORT....... 3,813 3,813
183 0605863N RDT&E SHIP AND AIRCRAFT SUPPORT... 104,822 104,822
184 0605864N TEST AND EVALUATION SUPPORT....... 446,960 446,960
185 0605865N OPERATIONAL TEST AND EVALUATION 27,241 27,241
CAPABILITY.
186 0605866N NAVY SPACE AND ELECTRONIC WARFARE 15,787 15,787
(SEW) SUPPORT.
187 0605867N SEW SURVEILLANCE/RECONNAISSANCE 8,559 8,559
SUPPORT.
188 0605873M MARINE CORPS PROGRAM WIDE SUPPORT. 42,749 42,749
189 0605898N MANAGEMENT HQ--R&D................ 41,094 41,094
190 0606355N WARFARE INNOVATION MANAGEMENT..... 37,022 37,022
193 0305327N INSIDER THREAT.................... 2,310 2,310
194 0902498N MANAGEMENT HEADQUARTERS 1,536 1,536
(DEPARTMENTAL SUPPORT ACTIVITIES).
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 991,222 991,222
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
199 0604227N HARPOON MODIFICATIONS............. 697 697
200 0604840M F-35 C2D2......................... 379,549 341,649
.................................. Block IV/TR3 upgrade delays... [-37,900]
201 0604840N F-35 C2D2......................... 413,875 372,475
.................................. Block IV/TR3 upgrade delays... [-41,400]
202 0607658N COOPERATIVE ENGAGEMENT CAPABILITY 143,667 143,667
(CEC).
204 0101221N STRATEGIC SUB & WEAPONS SYSTEM 173,056 173,056
SUPPORT.
205 0101224N SSBN SECURITY TECHNOLOGY PROGRAM.. 45,970 45,970
206 0101226N SUBMARINE ACOUSTIC WARFARE 69,190 74,190
DEVELOPMENT.
.................................. Next-generation countermeasure [5,000]
acoustic device.
207 0101402N NAVY STRATEGIC COMMUNICATIONS..... 42,277 42,277
208 0204136N F/A-18 SQUADRONS.................. 171,030 175,030
.................................. Jet noise reduction........... [4,000]
210 0204228N SURFACE SUPPORT................... 33,482 33,482
211 0204229N TOMAHAWK AND TOMAHAWK MISSION 200,308 200,308
PLANNING CENTER (TMPC).
212 0204311N INTEGRATED SURVEILLANCE SYSTEM.... 102,975 102,975
213 0204313N SHIP-TOWED ARRAY SURVEILLANCE 10,873 10,873
SYSTEMS.
214 0204413N AMPHIBIOUS TACTICAL SUPPORT UNITS 1,713 1,713
(DISPLACEMENT CRAFT).
215 0204460M GROUND/AIR TASK ORIENTED RADAR (G/ 22,205 22,205
ATOR).
216 0204571N CONSOLIDATED TRAINING SYSTEMS 83,956 83,956
DEVELOPMENT.
218 0204575N ELECTRONIC WARFARE (EW) READINESS 56,791 56,791
SUPPORT.
219 0205601N HARM IMPROVEMENT.................. 146,166 146,166
221 0205620N SURFACE ASW COMBAT SYSTEM 29,348 29,348
INTEGRATION.
222 0205632N MK-48 ADCAP....................... 110,349 110,349
223 0205633N AVIATION IMPROVEMENTS............. 133,953 133,953
224 0205675N OPERATIONAL NUCLEAR POWER SYSTEMS. 110,313 110,313
225 0206313M MARINE CORPS COMMUNICATIONS 207,662 207,662
SYSTEMS.
226 0206335M COMMON AVIATION COMMAND AND 4,406 4,406
CONTROL SYSTEM (CAC2S).
227 0206623M MARINE CORPS GROUND COMBAT/ 61,381 61,381
SUPPORTING ARMS SYSTEMS.
228 0206624M MARINE CORPS COMBAT SERVICES 10,421 10,421
SUPPORT.
[[Page H3277]]
229 0206625M USMC INTELLIGENCE/ELECTRONIC 29,977 29,977
WARFARE SYSTEMS (MIP).
230 0206629M AMPHIBIOUS ASSAULT VEHICLE........ 6,469 6,469
231 0207161N TACTICAL AIM MISSILES............. 5,859 5,859
232 0207163N ADVANCED MEDIUM RANGE AIR-TO-AIR 44,323 44,323
MISSILE (AMRAAM).
236 0303109N SATELLITE COMMUNICATIONS (SPACE).. 41,978 46,978
.................................. Interference mitigation [5,000]
technology, test and
verification.
237 0303138N CONSOLIDATED AFLOAT NETWORK 29,684 29,684
ENTERPRISE SERVICES (CANES).
238 0303140N INFORMATION SYSTEMS SECURITY 39,094 39,094
PROGRAM.
239 0305192N MILITARY INTELLIGENCE PROGRAM 6,154 6,154
(MIP) ACTIVITIES.
240 0305204N TACTICAL UNMANNED AERIAL VEHICLES. 7,108 7,108
241 0305205N UAS INTEGRATION AND 62,098 62,098
INTEROPERABILITY.
242 0305208M DISTRIBUTED COMMON GROUND/SURFACE 21,500 21,500
SYSTEMS.
244 0305220N MQ-4C TRITON...................... 11,120 11,120
245 0305231N MQ-8 UAV.......................... 28,968 28,968
246 0305232M RQ-11 UAV......................... 537 537
247 0305234N SMALL (LEVEL 0) TACTICAL UAS 8,773 8,773
(STUASL0).
248 0305239M RQ-21A............................ 10,853 10,853
249 0305241N MULTI-INTELLIGENCE SENSOR 60,413 60,413
DEVELOPMENT.
250 0305242M UNMANNED AERIAL SYSTEMS (UAS) 5,000 5,000
PAYLOADS (MIP).
251 0305251N CYBERSPACE OPERATIONS FORCES AND 34,967 34,967
FORCE SUPPORT.
252 0305421N RQ-4 MODERNIZATION................ 178,799 178,799
253 0307577N INTELLIGENCE MISSION DATA (IMD)... 2,120 2,120
254 0308601N MODELING AND SIMULATION SUPPORT... 8,683 8,683
255 0702207N DEPOT MAINTENANCE (NON-IF)........ 45,168 45,168
256 0708730N MARITIME TECHNOLOGY (MARITECH).... 6,697 6,697
257 1203109N SATELLITE COMMUNICATIONS (SPACE).. 70,056 70,056
257A 9999999999 CLASSIFIED PROGRAMS............... 1,795,032 1,795,032
.................................. SUBTOTAL OPERATIONAL SYSTEMS 5,327,043 5,261,743
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
258 0608013N RISK MANAGEMENT INFORMATION-- 14,300 14,300
SOFTWARE PILOT PROGRAM.
259 0608231N MARITIME TACTICAL COMMAND AND 10,868 10,868
CONTROL (MTC2)--SOFTWARE PILOT
PROGRAM.
.................................. SUBTOTAL SOFTWARE AND DIGITAL 25,168 25,168
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 21,427,048 21,138,948
TEST & EVAL, NAVY.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, AF
.................................. BASIC RESEARCH
001 0601102F DEFENSE RESEARCH SCIENCES......... 315,348 315,348
002 0601103F UNIVERSITY RESEARCH INITIATIVES... 161,861 166,861
.................................. Solar block research.......... [5,000]
003 0601108F HIGH ENERGY LASER RESEARCH 15,085 15,085
INITIATIVES.
.................................. SUBTOTAL BASIC RESEARCH........ 492,294 497,294
..................................
.................................. APPLIED RESEARCH
004 0602020F FUTURE AF CAPABILITIES APPLIED 100,000 100,000
RESEARCH.
005 0602102F MATERIALS......................... 140,781 165,781
.................................. Advanced materials [5,000]
manufacturing flexible
biosensors.
.................................. Metals affordability research. [15,000]
.................................. Thermal protection systems.... [5,000]
006 0602201F AEROSPACE VEHICLE TECHNOLOGIES.... 349,225 374,225
.................................. Advanced batteries for [5,000]
directed energy.
.................................. High speed expendable turbine [5,000]
development.
.................................. On-orbit propulsion [5,000]
technologies.
.................................. Secure unmanned aerial [10,000]
vehicles.
007 0602202F HUMAN EFFECTIVENESS APPLIED 115,222 115,222
RESEARCH.
009 0602204F AEROSPACE SENSORS................. 211,301 211,301
011 0602298F SCIENCE AND TECHNOLOGY MANAGEMENT-- 8,926 8,926
MAJOR HEADQUARTERS ACTIVITIES.
012 0602602F CONVENTIONAL MUNITIONS............ 132,425 132,425
013 0602605F DIRECTED ENERGY TECHNOLOGY........ 128,113 128,113
014 0602788F DOMINANT INFORMATION SCIENCES AND 178,668 208,668
METHODS.
.................................. Counter UAS platform [5,000]
integration testbed.
.................................. Quantum Innovation Center..... [5,000]
.................................. Quantum network testbed....... [10,000]
.................................. Trusted UAS traffic management [10,000]
and C-UAS testbed.
015 0602890F HIGH ENERGY LASER RESEARCH........ 45,088 45,088
.................................. SUBTOTAL APPLIED RESEARCH...... 1,409,749 1,489,749
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
017 0603030F AF FOUNDATIONAL DEVELOPMENT/DEMOS. 103,280 110,280
.................................. Agile composite manufacturing [5,000]
initiatives.
.................................. Foam engine wash.............. [2,000]
018 0603032F FUTURE AF INTEGRATED TECHNOLOGY 157,619 127,619
DEMOS.
.................................. Inappropriate use of S&T funds [-30,000]
for Golden Horde demonstration
& validation.
019 0603033F NEXT GEN PLATFORM DEV/DEMO........ 199,556 199,556
020 0603034F PERSISTENT KNOWLEDGE, AWARENESS, & 102,276 102,276
C2 TECH.
021 0603035F NEXT GEN EFFECTS DEV/DEMOS........ 215,817 215,817
.................................. SUBTOTAL ADVANCED TECHNOLOGY 778,548 755,548
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
038 0603260F INTELLIGENCE ADVANCED DEVELOPMENT. 4,320 4,320
039 0603742F COMBAT IDENTIFICATION TECHNOLOGY.. 26,396 26,396
[[Page H3278]]
040 0603790F NATO RESEARCH AND DEVELOPMENT..... 3,647 3,647
041 0603851F INTERCONTINENTAL BALLISTIC 32,959 32,959
MISSILE--DEM/VAL.
043 0604002F AIR FORCE WEATHER SERVICES 869 869
RESEARCH.
044 0604003F ADVANCED BATTLE MANAGEMENT SYSTEM 302,323 216,823
(ABMS).
.................................. Unjustified costs............. [-85,500]
045 0604004F ADVANCED ENGINE DEVELOPMENT....... 636,495 636,495
046 0604015F LONG RANGE STRIKE--BOMBER......... 2,848,410 2,828,410
.................................. Transfer to APA line 025A..... [-20,000]
047 0604032F DIRECTED ENERGY PROTOTYPING....... 20,964 20,964
048 0604033F HYPERSONICS PROTOTYPING........... 381,862 381,862
050 0604257F ADVANCED TECHNOLOGY AND SENSORS... 24,747 24,747
051 0604288F NATIONAL AIRBORNE OPS CENTER 76,417 76,417
(NAOC) RECAP.
052 0604317F TECHNOLOGY TRANSFER............... 3,011 3,011
053 0604327F HARD AND DEEPLY BURIED TARGET 52,921 52,921
DEFEAT SYSTEM (HDBTDS) PROGRAM.
054 0604414F CYBER RESILIENCY OF WEAPON SYSTEMS- 69,783 69,783
ACS.
055 0604776F DEPLOYMENT & DISTRIBUTION 25,835 25,835
ENTERPRISE R&D.
056 0604858F TECH TRANSITION PROGRAM........... 219,252 249,252
.................................. Program increase--LCAAT [30,000]
prototyping.
057 0605230F GROUND BASED STRATEGIC DETERRENT.. 1,524,759 1,524,759
059 0207110F NEXT GENERATION AIR DOMINANCE..... 1,044,089 1,044,089
060 0207455F THREE DIMENSIONAL LONG-RANGE RADAR 19,356 19,356
(3DELRR).
061 0207522F AIRBASE AIR DEFENSE SYSTEMS 8,737 8,737
(ABADS).
062 0208099F UNIFIED PLATFORM (UP)............. 5,990 5,990
063 0305236F COMMON DATA LINK EXECUTIVE AGENT 39,293 39,293
(CDL EA).
065 0305601F MISSION PARTNER ENVIRONMENTS...... 11,430 11,430
066 0306250F CYBER OPERATIONS TECHNOLOGY 259,823 259,823
DEVELOPMENT.
067 0306415F ENABLED CYBER ACTIVITIES.......... 10,560 10,560
068 0401310F C-32 EXECUTIVE TRANSPORT 9,908 9,908
RECAPITALIZATION.
069 0901410F CONTRACTING INFORMATION TECHNOLOGY 8,662 8,662
SYSTEM.
074 1206427F SPACE SYSTEMS PROTOTYPE 8,787 8,787
TRANSITIONS (SSPT).
077 1206730F SPACE SECURITY AND DEFENSE PROGRAM 56,311 56,311
.................................. SUBTOTAL ADVANCED COMPONENT 7,737,916 7,662,416
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
082 0604200F FUTURE ADVANCED WEAPON ANALYSIS & 25,161 25,161
PROGRAMS.
083 0604201F PNT RESILIENCY, MODS, AND 38,564 38,564
IMPROVEMENTS.
084 0604222F NUCLEAR WEAPONS SUPPORT........... 35,033 35,033
085 0604270F ELECTRONIC WARFARE DEVELOPMENT.... 2,098 2,098
086 0604281F TACTICAL DATA NETWORKS ENTERPRISE. 131,909 131,909
087 0604287F PHYSICAL SECURITY EQUIPMENT....... 6,752 6,752
088 0604329F SMALL DIAMETER BOMB (SDB)--EMD.... 17,280 17,280
090 0604602F ARMAMENT/ORDNANCE DEVELOPMENT..... 23,076 23,076
091 0604604F SUBMUNITIONS...................... 3,091 3,091
092 0604617F AGILE COMBAT SUPPORT.............. 20,609 20,609
093 0604618F JOINT DIRECT ATTACK MUNITION...... 7,926 7,926
094 0604706F LIFE SUPPORT SYSTEMS.............. 23,660 23,660
095 0604735F COMBAT TRAINING RANGES............ 8,898 8,898
096 0604800F F-35--EMD......................... 5,423 423
.................................. Excess SDD funding............ [-5,000]
097 0604932F LONG RANGE STANDOFF WEAPON........ 474,430 474,430
098 0604933F ICBM FUZE MODERNIZATION........... 167,099 167,099
100 0605056F OPEN ARCHITECTURE MANAGEMENT...... 30,547 30,547
102 0605223F ADVANCED PILOT TRAINING........... 248,669 248,669
103 0605229F COMBAT RESCUE HELICOPTER.......... 63,169 63,169
105 0101125F NUCLEAR WEAPONS MODERNIZATION..... 9,683 9,683
106 0207171F F-15 EPAWSS....................... 170,679 155,979
.................................. Cost growth................... [-14,700]
107 0207328F STAND IN ATTACK WEAPON............ 160,438 142,738
.................................. Unjustified cost increase..... [-17,700]
108 0207701F FULL COMBAT MISSION TRAINING...... 9,422 9,422
110 0305176F COMBAT SURVIVOR EVADER LOCATOR.... 973 973
111 0401221F KC-46A TANKER SQUADRONS........... 106,262 86,262
.................................. Slow execution................ [-20,000]
113 0401319F VC-25B............................ 800,889 800,889
114 0701212F AUTOMATED TEST SYSTEMS............ 10,673 10,673
115 0804772F TRAINING DEVELOPMENTS............. 4,479 4,479
116 0901299F AF A1 SYSTEMS..................... 8,467 8,467
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 2,615,359 2,557,959
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
131 0604256F THREAT SIMULATOR DEVELOPMENT...... 57,725 57,725
132 0604759F MAJOR T&E INVESTMENT.............. 208,680 208,680
133 0605101F RAND PROJECT AIR FORCE............ 35,803 35,803
135 0605712F INITIAL OPERATIONAL TEST & 13,557 13,557
EVALUATION.
136 0605807F TEST AND EVALUATION SUPPORT....... 764,606 754,606
.................................. Program decrease.............. [-10,000]
142 0605831F ACQ WORKFORCE- CAPABILITY 1,362,038 1,362,038
INTEGRATION.
143 0605832F ACQ WORKFORCE- ADVANCED PRGM 40,768 40,768
TECHNOLOGY.
144 0605833F ACQ WORKFORCE- NUCLEAR SYSTEMS.... 179,646 179,646
145 0605898F MANAGEMENT HQ--R&D................ 5,734 5,734
146 0605976F FACILITIES RESTORATION AND 70,985 70,985
MODERNIZATION--TEST AND
EVALUATION SUPPORT.
147 0605978F FACILITIES SUSTAINMENT--TEST AND 29,880 29,880
EVALUATION SUPPORT.
[[Page H3279]]
148 0606017F REQUIREMENTS ANALYSIS AND 63,381 63,381
MATURATION.
149 0606398F MANAGEMENT HQ--T&E................ 5,785 5,785
150 0303255F COMMAND, CONTROL, COMMUNICATION, 24,564 24,564
AND COMPUTERS (C4)--STRATCOM.
151 0308602F ENTEPRISE INFORMATION SERVICES 9,883 9,883
(EIS).
152 0702806F ACQUISITION AND MANAGEMENT SUPPORT 13,384 13,384
153 0804731F GENERAL SKILL TRAINING............ 1,262 1,262
155 1001004F INTERNATIONAL ACTIVITIES.......... 3,599 3,599
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 2,891,280 2,881,280
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
163 0604233F SPECIALIZED UNDERGRADUATE FLIGHT 8,777 8,777
TRAINING.
164 0604776F DEPLOYMENT & DISTRIBUTION 499 499
ENTERPRISE R&D.
165 0604840F F-35 C2D2......................... 785,336 706,836
.................................. Block IV/TR3 upgrade delays... [-78,500]
166 0605018F AF INTEGRATED PERSONNEL AND PAY 27,035 27,035
SYSTEM (AF-IPPS).
167 0605024F ANTI-TAMPER TECHNOLOGY EXECUTIVE 50,508 50,508
AGENCY.
168 0605117F FOREIGN MATERIEL ACQUISITION AND 71,229 71,229
EXPLOITATION.
169 0605278F HC/MC-130 RECAP RDT&E............. 24,705 24,705
170 0606018F NC3 INTEGRATION................... 26,356 26,356
172 0101113F B-52 SQUADRONS.................... 520,023 338,523
.................................. GPS-IU contract delays........ [-10,000]
.................................. No acquisition strategy for [-2,500]
AEHF.
.................................. Radar modernization program [-40,000]
contract delays.
.................................. Virtual prototype contract [-125,000]
delay.
.................................. VLF/LF contract delays........ [-4,000]
173 0101122F AIR-LAUNCHED CRUISE MISSILE (ALCM) 1,433 1,433
174 0101126F B-1B SQUADRONS.................... 15,766 15,766
175 0101127F B-2 SQUADRONS..................... 187,399 187,399
.................................. Airspace compliance contract [-2,000]
delays.
.................................. JASSM-ER Milestone B delay.... [-5,000]
.................................. Virtual training.............. [7,000]
176 0101213F MINUTEMAN SQUADRONS............... 116,569 116,569
177 0101316F WORLDWIDE JOINT STRATEGIC 27,235 27,235
COMMUNICATIONS.
178 0101324F INTEGRATED STRATEGIC PLANNING & 24,227 24,227
ANALYSIS NETWORK.
179 0101328F ICBM REENTRY VEHICLES............. 112,753 112,753
181 0102110F UH-1N REPLACEMENT PROGRAM......... 44,464 44,464
182 0102326F REGION/SECTOR OPERATION CONTROL 5,929 5,929
CENTER MODERNIZATION PROGRAM.
183 0102412F NORTH WARNING SYSTEM (NWS)........ 100 100
184 0205219F MQ-9 UAV.......................... 162,080 162,080
186 0207131F A-10 SQUADRONS.................... 24,535 24,535
187 0207133F F-16 SQUADRONS.................... 223,437 223,437
188 0207134F F-15E SQUADRONS................... 298,908 298,908
189 0207136F MANNED DESTRUCTIVE SUPPRESSION.... 14,960 14,960
190 0207138F F-22A SQUADRONS................... 665,038 648,938
.................................. Software delays............... [-16,100]
191 0207142F F-35 SQUADRONS.................... 132,229 129,629
.................................. Unjustified USAF ALIS unique [-2,600]
funding.
192 0207146F F-15EX............................ 159,761 159,761
193 0207161F TACTICAL AIM MISSILES............. 19,417 19,417
194 0207163F ADVANCED MEDIUM RANGE AIR-TO-AIR 51,799 51,799
MISSILE (AMRAAM).
195 0207227F COMBAT RESCUE--PARARESCUE......... 669 669
196 0207247F AF TENCAP......................... 21,644 21,644
197 0207249F PRECISION ATTACK SYSTEMS 9,261 9,261
PROCUREMENT.
198 0207253F COMPASS CALL...................... 15,854 15,854
199 0207268F AIRCRAFT ENGINE COMPONENT 95,896 95,896
IMPROVEMENT PROGRAM.
200 0207325F JOINT AIR-TO-SURFACE STANDOFF 70,792 70,792
MISSILE (JASSM).
201 0207410F AIR & SPACE OPERATIONS CENTER 51,187 51,187
(AOC).
202 0207412F CONTROL AND REPORTING CENTER (CRC) 16,041 16,041
203 0207417F AIRBORNE WARNING AND CONTROL 138,303 138,303
SYSTEM (AWACS).
204 0207418F AFSPECWAR--TACP................... 4,223 4,223
206 0207431F COMBAT AIR INTELLIGENCE SYSTEM 16,564 16,564
ACTIVITIES.
207 0207438F THEATER BATTLE MANAGEMENT (TBM) 7,858 7,858
C4I.
208 0207444F TACTICAL AIR CONTROL PARTY-MOD.... 12,906 12,906
210 0207452F DCAPES............................ 14,816 14,816
211 0207521F AIR FORCE CALIBRATION PROGRAMS.... 1,970 1,970
212 0207573F NATIONAL TECHNICAL NUCLEAR 396 396
FORENSICS.
213 0207590F SEEK EAGLE........................ 29,680 29,680
214 0207601F USAF MODELING AND SIMULATION...... 17,666 17,666
215 0207605F WARGAMING AND SIMULATION CENTERS.. 6,353 6,353
216 0207610F BATTLEFIELD ABN COMM NODE (BACN).. 6,827 6,827
217 0207697F DISTRIBUTED TRAINING AND EXERCISES 3,390 3,390
218 0208006F MISSION PLANNING SYSTEMS.......... 91,768 91,768
219 0208007F TACTICAL DECEPTION................ 2,370 2,370
220 0208064F OPERATIONAL HQ--CYBER............. 5,527 5,527
221 0208087F DISTRIBUTED CYBER WARFARE 68,279 68,279
OPERATIONS.
222 0208088F AF DEFENSIVE CYBERSPACE OPERATIONS 15,165 15,165
223 0208097F JOINT CYBER COMMAND AND CONTROL 38,480 38,480
(JCC2).
224 0208099F UNIFIED PLATFORM (UP)............. 84,645 84,645
230 0301025F GEOBASE........................... 2,767 2,767
231 0301112F NUCLEAR PLANNING AND EXECUTION 32,759 32,759
SYSTEM (NPES).
238 0301401F AIR FORCE SPACE AND CYBER NON- 2,904 2,904
TRADITIONAL ISR FOR BATTLESPACE
AWARENESS.
239 0302015F E-4B NATIONAL AIRBORNE OPERATIONS 3,468 3,468
CENTER (NAOC).
[[Page H3280]]
240 0303131F MINIMUM ESSENTIAL EMERGENCY 61,887 61,887
COMMUNICATIONS NETWORK (MEECN).
242 0303140F INFORMATION SYSTEMS SECURITY 10,351 10,351
PROGRAM.
243 0303142F GLOBAL FORCE MANAGEMENT--DATA 1,346 1,346
INITIATIVE.
246 0304260F AIRBORNE SIGINT ENTERPRISE........ 128,110 120,110
.................................. Program decrease.............. [-8,000]
247 0304310F COMMERCIAL ECONOMIC ANALYSIS...... 4,042 4,042
251 0305020F CCMD INTELLIGENCE INFORMATION 1,649 1,649
TECHNOLOGY.
252 0305022F ISR MODERNIZATION & AUTOMATION 19,265 19,265
DVMT (IMAD).
253 0305099F GLOBAL AIR TRAFFIC MANAGEMENT 4,645 4,645
(GATM).
254 0305103F CYBER SECURITY INITIATIVE......... 384 384
255 0305111F WEATHER SERVICE................... 23,640 30,640
.................................. Commercial weather pilot...... [7,000]
256 0305114F AIR TRAFFIC CONTROL, APPROACH, AND 6,553 6,553
LANDING SYSTEM (ATCALS).
257 0305116F AERIAL TARGETS.................... 449 449
260 0305128F SECURITY AND INVESTIGATIVE 432 432
ACTIVITIES.
262 0305146F DEFENSE JOINT COUNTERINTELLIGENCE 4,890 4,890
ACTIVITIES.
264 0305179F INTEGRATED BROADCAST SERVICE (IBS) 8,864 8,864
265 0305202F DRAGON U-2........................ 18,660 18,660
267 0305206F AIRBORNE RECONNAISSANCE SYSTEMS... 121,512 139,512
.................................. Gorgon Stare Wide Area Motion [10,000]
Imagery program increase.
.................................. Sensor Open Systems [8,000]
Architecture.
268 0305207F MANNED RECONNAISSANCE SYSTEMS..... 14,711 14,711
269 0305208F DISTRIBUTED COMMON GROUND/SURFACE 14,152 14,152
SYSTEMS.
270 0305220F RQ-4 UAV.......................... 134,589 134,589
271 0305221F NETWORK-CENTRIC COLLABORATIVE 15,049 15,049
TARGETING.
272 0305238F NATO AGS.......................... 36,731 36,731
273 0305240F SUPPORT TO DCGS ENTERPRISE........ 33,547 33,547
274 0305600F INTERNATIONAL INTELLIGENCE 13,635 13,635
TECHNOLOGY AND ARCHITECTURES.
275 0305881F RAPID CYBER ACQUISITION........... 4,262 4,262
276 0305984F PERSONNEL RECOVERY COMMAND & CTRL 2,207 2,207
(PRC2).
277 0307577F INTELLIGENCE MISSION DATA (IMD)... 6,277 6,277
278 0401115F C-130 AIRLIFT SQUADRON............ 41,973 41,973
279 0401119F C-5 AIRLIFT SQUADRONS (IF)........ 32,560 32,560
280 0401130F C-17 AIRCRAFT (IF)................ 9,991 9,991
281 0401132F C-130J PROGRAM.................... 10,674 10,674
282 0401134F LARGE AIRCRAFT IR COUNTERMEASURES 5,507 5,507
(LAIRCM).
283 0401218F KC-135S........................... 4,591 4,591
286 0401318F CV-22............................. 18,419 18,419
288 0408011F SPECIAL TACTICS / COMBAT CONTROL.. 7,673 7,673
290 0708055F MAINTENANCE, REPAIR & OVERHAUL 24,513 24,513
SYSTEM.
291 0708610F LOGISTICS INFORMATION TECHNOLOGY 35,225 35,225
(LOGIT).
292 0708611F SUPPORT SYSTEMS DEVELOPMENT....... 11,838 11,838
293 0804743F OTHER FLIGHT TRAINING............. 1,332 1,332
295 0901202F JOINT PERSONNEL RECOVERY AGENCY... 2,092 2,092
296 0901218F CIVILIAN COMPENSATION PROGRAM..... 3,869 3,869
297 0901220F PERSONNEL ADMINISTRATION.......... 1,584 1,584
298 0901226F AIR FORCE STUDIES AND ANALYSIS 1,197 1,197
AGENCY.
299 0901538F FINANCIAL MANAGEMENT INFORMATION 7,006 7,006
SYSTEMS DEVELOPMENT.
300 0901554F DEFENSE ENTERPRISE ACNTNG AND MGT 45,638 45,638
SYS (DEAMS).
301 1201017F GLOBAL SENSOR INTEGRATED ON 1,889 0
NETWORK (GSIN).
.................................. Transfer to Space Force....... [-1,889]
302 1201921F SERVICE SUPPORT TO STRATCOM--SPACE 993 993
ACTIVITIES.
303 1202140F SERVICE SUPPORT TO SPACECOM 8,999 8,999
ACTIVITIES.
314 1203400F SPACE SUPERIORITY INTELLIGENCE.... 16,810 16,810
316 1203620F NATIONAL SPACE DEFENSE CENTER..... 2,687 2,687
318 1203906F NCMC--TW/AA SYSTEM................ 6,990 6,990
322A 9999999999 CLASSIFIED PROGRAMS............... 15,777,856 15,777,856
.................................. SUBTOTAL OPERATIONAL SYSTEMS 21,466,680 21,203,091
DEVELOPMENT.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 37,391,826 37,047,337
TEST & EVAL, AF.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, SPACE FORCE
.................................. APPLIED RESEARCH
001 1206601SF SPACE TECHNOLOGY.................. 130,874 164,874
.................................. Ground based optical GEO [5,000]
surveillance.
.................................. Rapid development of low-cost, [20,000]
small satellite technology.
.................................. Small satellite mission [9,000]
operations center.
.................................. SUBTOTAL APPLIED RESEARCH...... 130,874 164,874
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
002 1203164SF NAVSTAR GLOBAL POSITIONING SYSTEM 390,704 390,704
(USER EQUIPMENT) (SPACE).
003 1203710SF EO/IR WEATHER SYSTEMS............. 131,000 106,000
.................................. Program reduction for phase 2 [-25,000]
risk reduction Spec OT2.
004 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 83,384 83,384
005 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 33,359 33,359
006 1206427SF SPACE SYSTEMS PROTOTYPE 142,808 142,808
TRANSITIONS (SSPT).
007 1206438SF SPACE CONTROL TECHNOLOGY.......... 35,575 35,575
008 1206760SF PROTECTED TACTICAL ENTERPRISE 114,390 109,390
SERVICE (PTES).
.................................. Unjustified growth............ [-5,000]
009 1206761SF PROTECTED TACTICAL SERVICE (PTS).. 205,178 200,178
.................................. Unjustified growth............ [-5,000]
010 1206855SF EVOLVED STRATEGIC SATCOM (ESS).... 71,395 71,395
[[Page H3281]]
011 1206857SF SPACE RAPID CAPABILITIES OFFICE... 103,518 103,518
.................................. SUBTOTAL ADVANCED COMPONENT 1,311,311 1,276,311
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
012 1203269SF GPS III FOLLOW-ON (GPS IIIF)...... 263,496 253,496
.................................. Execution lagging............. [-10,000]
013 1203940SF SPACE SITUATION AWARENESS 41,897 41,897
OPERATIONS.
014 1206421SF COUNTERSPACE SYSTEMS.............. 54,689 54,689
015 1206422SF WEATHER SYSTEM FOLLOW-ON.......... 2,526 2,526
016 1206425SF SPACE SITUATION AWARENESS SYSTEMS. 173,074 173,074
017 1206431SF ADVANCED EHF MILSATCOM (SPACE).... 138,257 138,257
018 1206432SF POLAR MILSATCOM (SPACE)........... 190,235 190,235
019 1206442SF NEXT GENERATION OPIR.............. 2,318,864 2,269,864
.................................. Block 0 GEO unjustified cost [-20,000]
growth.
.................................. Program decrease.............. [-29,000]
020 1206853SF NATIONAL SECURITY SPACE LAUNCH 560,978 710,978
PROGRAM (SPACE)--EMD.
.................................. Program increase.............. [150,000]
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 3,744,016 3,835,016
DEMONSTRATION.
..................................
.................................. MANAGEMENT SUPPORT
021 1206116SF SPACE TEST AND TRAINING RANGE 20,281 20,281
DEVELOPMENT.
022 1206392SF ACQ WORKFORCE--SPACE & MISSILE 183,930 183,930
SYSTEMS.
023 1206398SF SPACE & MISSILE SYSTEMS CENTER-- 9,765 9,765
MHA.
024 1206860SF ROCKET SYSTEMS LAUNCH PROGRAM 17,993 27,993
(SPACE).
.................................. Tactically Responsive Launch [10,000]
Operations.
025 1206864SF SPACE TEST PROGRAM (STP).......... 26,541 26,541
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 258,510 268,510
..................................
.................................. OPERATIONAL SYSTEM DEVELOPMENT
026 1201017SF GLOBAL SENSOR INTEGRATED ON 3,708 5,597
NETWORK (GSIN).
.................................. Transfer from Air Force....... [1,889]
027 1203001SF FAMILY OF ADVANCED BLOS TERMINALS 247,229 237,229
(FAB-T).
.................................. Program decrease.............. [-10,000]
028 1203110SF SATELLITE CONTROL NETWORK (SPACE). 75,480 60,480
.................................. Program decrease.............. [-15,000]
029 1203165SF NAVSTAR GLOBAL POSITIONING SYSTEM 1,984 1,984
(SPACE AND CONTROL SEGMENTS).
030 1203173SF SPACE AND MISSILE TEST AND 4,397 4,397
EVALUATION CENTER.
031 1203174SF SPACE INNOVATION, INTEGRATION AND 44,746 39,746
RAPID TECHNOLOGY DEVELOPMENT.
.................................. Underexecution................ [-5,000]
032 1203182SF SPACELIFT RANGE SYSTEM (SPACE).... 11,020 16,020
.................................. Space launch range services [5,000]
and capabilities.
033 1203265SF GPS III SPACE SEGMENT............. 10,777 10,777
034 1203873SF BALLISTIC MISSILE DEFENSE RADARS.. 28,179 28,179
035 1203913SF NUDET DETECTION SYSTEM (SPACE).... 29,157 29,157
036 1203940SF SPACE SITUATION AWARENESS 44,809 39,809
OPERATIONS.
.................................. Underexecution................ [-5,000]
037 1206423SF GLOBAL POSITIONING SYSTEM III-- 481,999 471,999
OPERATIONAL CONTROL SEGMENT.
.................................. Program decrease.............. [-5,000]
.................................. Unjustified growth............ [-5,000]
041 1206770SF ENTERPRISE GROUND SERVICES........ 116,791 116,791
041A 9999999999 CLASSIFIED PROGRAMS............... 3,632,866 3,632,866
.................................. SUBTOTAL OPERATIONAL SYSTEM 4,733,142 4,695,031
DEVELOPMENT.
..................................
.................................. SOFTWARE & DIGITAL TECHNOLOGY
PILOT PROGRAMS
042 1203614SF JSPOC MISSION SYSTEM.............. 149,742 129,742
.................................. Unjustified increase; transfer [-20,000]
to commercial Space Domain
Awareness Services and Data.
42A 9999999999 COMMERCIAL SATCOM................. 45,000
.................................. Commercial polar space-based [25,000]
proliferated LEO broadband
services and demonstrations.
.................................. Increase for commercial space [20,000]
domain awareness services and
data.
.................................. SUBTOTAL SOFTWARE & DIGITAL 149,742 174,742
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 10,327,595 10,414,484
TEST & EVAL, SPACE FORCE.
..................................
.................................. RESEARCH, DEVELOPMENT, TEST &
EVAL, DW
.................................. BASIC RESEARCH
001 0601000BR DTRA BASIC RESEARCH............... 14,617 14,617
002 0601101E DEFENSE RESEARCH SCIENCES......... 479,958 479,958
003 0601110D8Z BASIC RESEARCH INITIATIVES........ 35,565 57,565
.................................. Restore Minerva research [17,000]
initiative.
.................................. START research consortium of [5,000]
excellence for irregular
warfare and advanced analytics.
004 0601117E BASIC OPERATIONAL MEDICAL RESEARCH 53,730 53,730
SCIENCE.
005 0601120D8Z NATIONAL DEFENSE EDUCATION PROGRAM 100,241 105,241
.................................. Civics education pilot........ [5,000]
006 0601228D8Z HISTORICALLY BLACK COLLEGES AND 30,975 50,975
UNIVERSITIES/MINORITY
INSTITUTIONS.
.................................. PIPELINE program.............. [3,000]
.................................. Program increase.............. [17,000]
007 0601384BP CHEMICAL AND BIOLOGICAL DEFENSE 45,300 45,300
PROGRAM.
.................................. SUBTOTAL BASIC RESEARCH........ 760,386 807,386
..................................
.................................. APPLIED RESEARCH
008 0602000D8Z JOINT MUNITIONS TECHNOLOGY........ 19,409 24,409
.................................. New energetic materials design [5,000]
[[Page H3282]]
009 0602115E BIOMEDICAL TECHNOLOGY............. 107,568 107,568
011 0602230D8Z DEFENSE TECHNOLOGY INNOVATION..... 35,000 35,000
012 0602234D8Z LINCOLN LABORATORY RESEARCH 41,080 41,080
PROGRAM.
013 0602251D8Z APPLIED RESEARCH FOR THE 60,722 60,722
ADVANCEMENT OF S&T PRIORITIES.
014 0602303E INFORMATION & COMMUNICATIONS 435,920 403,920
TECHNOLOGY.
.................................. Program decrease.............. [-32,000]
015 0602383E BIOLOGICAL WARFARE DEFENSE........ 26,950 26,950
016 0602384BP CHEMICAL AND BIOLOGICAL DEFENSE 201,807 206,807
PROGRAM.
.................................. Treatment testing technology [5,000]
for nuclear, chemical, and
biological exposure.
017 0602668D8Z CYBER SECURITY RESEARCH........... 15,255 15,255
018 0602702E TACTICAL TECHNOLOGY............... 233,271 233,271
019 0602715E MATERIALS AND BIOLOGICAL 250,107 250,107
TECHNOLOGY.
020 0602716E ELECTRONICS TECHNOLOGY............ 322,693 322,693
021 0602718BR COUNTER WEAPONS OF MASS 174,571 174,571
DESTRUCTION APPLIED RESEARCH.
022 0602751D8Z SOFTWARE ENGINEERING INSTITUTE 9,573 9,573
(SEI) APPLIED RESEARCH.
023 1160401BB SOF TECHNOLOGY DEVELOPMENT........ 42,464 47,464
.................................. Sustained Human Performance [5,000]
and Resilience.
.................................. SUBTOTAL APPLIED RESEARCH...... 1,976,390 1,959,390
..................................
.................................. ADVANCED TECHNOLOGY DEVELOPMENT
024 0603000D8Z JOINT MUNITIONS ADVANCED 22,920 22,920
TECHNOLOGY.
025 0603121D8Z SO/LIC ADVANCED DEVELOPMENT....... 4,914 4,914
026 0603122D8Z COMBATING TERRORISM TECHNOLOGY 51,089 51,089
SUPPORT.
027 0603133D8Z FOREIGN COMPARATIVE TESTING....... 25,183 25,183
029 0603160BR COUNTER WEAPONS OF MASS 366,659 366,659
DESTRUCTION ADVANCED TECHNOLOGY
DEVELOPMENT.
030 0603176C ADVANCED CONCEPTS AND PERFORMANCE 14,910 64,910
ASSESSMENT.
.................................. Restore low power laser [50,000]
demonstrator.
032 0603180C ADVANCED RESEARCH................. 18,687 28,687
.................................. Program increase.............. [10,000]
033 0603225D8Z JOINT DOD-DOE MUNITIONS TECHNOLOGY 18,873 18,873
DEVELOPMENT.
034 0603286E ADVANCED AEROSPACE SYSTEMS........ 230,978 230,978
035 0603287E SPACE PROGRAMS AND TECHNOLOGY..... 158,439 158,439
036 0603288D8Z ANALYTIC ASSESSMENTS.............. 23,775 23,775
037 0603289D8Z ADVANCED INNOVATIVE ANALYSIS AND 36,524 36,524
CONCEPTS.
038 0603291D8Z ADVANCED INNOVATIVE ANALYSIS AND 14,703 14,703
CONCEPTS--MHA.
039 0603294C COMMON KILL VEHICLE TECHNOLOGY.... 11,058 11,058
040 0603338D8Z DEFENSE MODERNIZATION AND 133,375 133,375
PROTOTYPING.
042 0603342D8Z DEFENSE INNOVATION UNIT (DIU)..... 26,141 26,141
043 0603375D8Z TECHNOLOGY INNOVATION............. 27,709 27,709
044 0603384BP CHEMICAL AND BIOLOGICAL DEFENSE 188,001 188,001
PROGRAM--ADVANCED DEVELOPMENT.
045 0603527D8Z RETRACT LARCH..................... 130,283 130,283
046 0603618D8Z JOINT ELECTRONIC ADVANCED 15,164 15,164
TECHNOLOGY.
047 0603648D8Z JOINT CAPABILITY TECHNOLOGY 85,452 85,452
DEMONSTRATIONS.
048 0603662D8Z NETWORKED COMMUNICATIONS 5,882 5,882
CAPABILITIES.
049 0603680D8Z DEFENSE-WIDE MANUFACTURING SCIENCE 93,817 143,817
AND TECHNOLOGY PROGRAM.
.................................. Accelerating rapid prototyping [5,000]
by integrating high
performance computing and
advanced manufacturing.
.................................. Additive manufacturing [5,000]
training.
.................................. Advanced structural [30,000]
manufacturing technologies.
.................................. Flexible hybrid electronics... [5,000]
.................................. Hypersonic thermal management [5,000]
research.
050 0603680S MANUFACTURING TECHNOLOGY PROGRAM.. 40,025 40,025
052 0603712S GENERIC LOGISTICS R&D TECHNOLOGY 10,235 10,235
DEMONSTRATIONS.
053 0603716D8Z STRATEGIC ENVIRONMENTAL RESEARCH 53,862 158,862
PROGRAM.
.................................. AFFF replacement.............. [50,000]
.................................. PFAS Innovation Award Fund.... [5,000]
.................................. PFAS remediation and disposal [50,000]
technology.
054 0603720S MICROELECTRONICS TECHNOLOGY 124,049 124,049
DEVELOPMENT AND SUPPORT.
055 0603727D8Z JOINT WARFIGHTING PROGRAM......... 3,871 3,871
056 0603739E ADVANCED ELECTRONICS TECHNOLOGIES. 95,864 95,864
057 0603760E COMMAND, CONTROL AND 221,724 221,724
COMMUNICATIONS SYSTEMS.
058 0603766E NETWORK-CENTRIC WARFARE TECHNOLOGY 661,158 661,158
059 0603767E SENSOR TECHNOLOGY................. 200,220 200,220
060 0603769D8Z DISTRIBUTED LEARNING ADVANCED 6,765 6,765
TECHNOLOGY DEVELOPMENT.
061 0603781D8Z SOFTWARE ENGINEERING INSTITUTE.... 12,598 12,598
064 0603924D8Z HIGH ENERGY LASER ADVANCED 105,410 105,410
TECHNOLOGY PROGRAM.
065 0603941D8Z TEST & EVALUATION SCIENCE & 187,065 187,065
TECHNOLOGY.
.................................. Directed energy test workloads
066 0603950D8Z NATIONAL SECURITY INNOVATION 40,000
NETWORK.
.................................. Restore program............... [40,000]
067 0604055D8Z OPERATIONAL ENERGY CAPABILITY 65,000
IMPROVEMENT.
.................................. Program increase.............. [65,000]
070 1160402BB SOF ADVANCED TECHNOLOGY 89,072 94,072
DEVELOPMENT.
.................................. SOF 3-D printing technologies. [5,000]
071 1206310SDA SPACE SCIENCE AND TECHNOLOGY 72,422 72,422
RESEARCH AND DEVELOPMENT.
.................................. SUBTOTAL ADVANCED TECHNOLOGY 3,588,876 3,913,876
DEVELOPMENT.
..................................
.................................. ADVANCED COMPONENT DEVELOPMENT &
PROTOTYPES
072 0603161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 32,636 32,636
SECURITY EQUIPMENT RDT&E ADC&P.
073 0603600D8Z WALKOFF........................... 106,529 106,529
075 0603851D8Z ENVIRONMENTAL SECURITY TECHNICAL 61,345 113,345
CERTIFICATION PROGRAM.
.................................. PFAS remediation and disposal [50,000]
technology.
[[Page H3283]]
.................................. Program increase.............. [2,000]
076 0603881C BALLISTIC MISSILE DEFENSE TERMINAL 412,627 312,627
DEFENSE SEGMENT.
.................................. Insufficient justification-- [-100,000]
homeland defense underlay.
077 0603882C BALLISTIC MISSILE DEFENSE 1,004,305 919,305
MIDCOURSE DEFENSE SEGMENT.
.................................. Unjustified growth--RKV [-85,000]
cancellation.
078 0603884BP CHEMICAL AND BIOLOGICAL DEFENSE 76,167 81,167
PROGRAM--DEM/VAL.
.................................. Decontamination technologies [5,000]
for civilian pandemic
preparedness.
079 0603884C BALLISTIC MISSILE DEFENSE SENSORS. 281,957 281,957
080 0603890C BMD ENABLING PROGRAMS............. 599,380 599,380
081 0603891C SPECIAL PROGRAMS--MDA............. 420,216 420,216
082 0603892C AEGIS BMD......................... 814,936 804,936
.................................. Program decrease.............. [-10,000]
083 0603896C BALLISTIC MISSILE DEFENSE COMMAND 593,353 593,353
AND CONTROL, BATTLE MANAGEMENT
AND COMMUNICATI.
084 0603898C BALLISTIC MISSILE DEFENSE JOINT 49,560 49,560
WARFIGHTER SUPPORT.
085 0603904C MISSILE DEFENSE INTEGRATION & 55,356 55,356
OPERATIONS CENTER (MDIOC).
086 0603906C REGARDING TRENCH.................. 11,863 11,863
087 0603907C SEA BASED X-BAND RADAR (SBX)...... 118,318 118,318
088 0603913C ISRAELI COOPERATIVE PROGRAMS...... 300,000 300,000
089 0603914C BALLISTIC MISSILE DEFENSE TEST.... 378,302 378,302
090 0603915C BALLISTIC MISSILE DEFENSE TARGETS. 536,133 536,133
092 0603923D8Z COALITION WARFARE................. 10,129 10,129
093 0604011D8Z NEXT GENERATION INFORMATION 449,000 400,000
COMMUNICATIONS TECHNOLOGY (5G).
.................................. Program decrease for Restoring [-49,000]
S&T.
094 0604016D8Z DEPARTMENT OF DEFENSE CORROSION 3,325 3,325
PROGRAM.
095 0604115C TECHNOLOGY MATURATION INITIATIVES. 67,389 67,389
098 0604181C HYPERSONIC DEFENSE................ 206,832 206,832
099 0604250D8Z ADVANCED INNOVATIVE TECHNOLOGIES.. 730,508 729,508
.................................. Micro nuclear reactors........ [50,000]
.................................. Program decrease for Restoring [-51,000]
S&T.
100 0604294D8Z TRUSTED & ASSURED MICROELECTRONICS 489,076 489,076
101 0604331D8Z RAPID PROTOTYPING PROGRAM......... 102,023 82,023
.................................. Program decrease for Restoring [-20,000]
S&T.
102 0604341D8Z DEFENSE INNOVATION UNIT (DIU) 13,255 16,255
PROTOTYPING.
.................................. Talent optimization pilot [3,000]
program.
103 0604400D8Z DEPARTMENT OF DEFENSE (DOD) 2,787 2,787
UNMANNED SYSTEM COMMON
DEVELOPMENT.
105 0604672C HOMELAND DEFENSE RADAR--HAWAII 130,000
(HDR-H).
.................................. Continue radar development and [130,000]
siting efforts.
107 0604682D8Z WARGAMING AND SUPPORT FOR 3,469 3,469
STRATEGIC ANALYSIS (SSA).
109 0604826J JOINT C5 CAPABILITY DEVELOPMENT, 19,190 19,190
INTEGRATION AND INTEROPERABILITY
ASSESSMENTS.
110 0604873C LONG RANGE DISCRIMINATION RADAR 137,256 137,256
(LRDR).
111 0604874C IMPROVED HOMELAND DEFENSE 664,138 414,138
INTERCEPTORS.
.................................. Delayed NGI contract award.... [-250,000]
112 0604876C BALLISTIC MISSILE DEFENSE TERMINAL 7,768 7,768
DEFENSE SEGMENT TEST.
113 0604878C AEGIS BMD TEST.................... 170,880 95,880
.................................. Unjustified cost growth....... [-75,000]
114 0604879C BALLISTIC MISSILE DEFENSE SENSOR 76,456 76,456
TEST.
115 0604880C LAND-BASED SM-3 (LBSM3)........... 56,628 56,628
116 0604887C BALLISTIC MISSILE DEFENSE 67,071 67,071
MIDCOURSE SEGMENT TEST.
118 0300206R ENTERPRISE INFORMATION TECHNOLOGY 2,198 2,198
SYSTEMS.
119 0303191D8Z JOINT ELECTROMAGNETIC TECHNOLOGY 997 997
(JET) PROGRAM.
120 0305103C CYBER SECURITY INITIATIVE......... 1,148 1,148
121 1206410SDA SPACE TECHNOLOGY DEVELOPMENT AND 215,994 155,994
PROTOTYPING.
.................................. HBTSS--transfer to 1206895C... [-20,000]
.................................. Unjustified growth............ [-40,000]
122 1206893C SPACE TRACKING & SURVEILLANCE 34,144 34,144
SYSTEM.
123 1206895C BALLISTIC MISSILE DEFENSE SYSTEM 32,068 152,068
SPACE PROGRAMS.
.................................. HBTSS--transfer from [20,000]
1206410SDA.
.................................. HBTSS sensor payload [100,000]
development.
.................................. SUBTOTAL ADVANCED COMPONENT 9,416,712 9,076,712
DEVELOPMENT & PROTOTYPES.
..................................
.................................. SYSTEM DEVELOPMENT & DEMONSTRATION
124 0604161D8Z NUCLEAR AND CONVENTIONAL PHYSICAL 7,173 7,173
SECURITY EQUIPMENT RDT&E SDD.
126 0604384BP CHEMICAL AND BIOLOGICAL DEFENSE 319,976 319,976
PROGRAM--EMD.
127 0604771D8Z JOINT TACTICAL INFORMATION 54,985 54,985
DISTRIBUTION SYSTEM (JTIDS).
128 0605000BR COUNTER WEAPONS OF MASS 15,650 15,650
DESTRUCTION SYSTEMS DEVELOPMENT.
129 0605013BL INFORMATION TECHNOLOGY DEVELOPMENT 1,441 1,441
130 0605021SE HOMELAND PERSONNEL SECURITY 7,287 7,287
INITIATIVE.
131 0605022D8Z DEFENSE EXPORTABILITY PROGRAM..... 12,928 12,928
132 0605027D8Z OUSD(C) IT DEVELOPMENT INITIATIVES 10,259 10,259
133 0605070S DOD ENTERPRISE SYSTEMS DEVELOPMENT 1,377 1,377
AND DEMONSTRATION.
134 0605075D8Z CMO POLICY AND INTEGRATION........ 1,648 1,648
135 0605080S DEFENSE AGENCY INITIATIVES (DAI)-- 20,537 20,537
FINANCIAL SYSTEM.
136 0605090S DEFENSE RETIRED AND ANNUITANT PAY 1,638 1,638
SYSTEM (DRAS).
137 0605141BR MISSION ASSURANCE RISK MANAGEMENT 5,500 5,500
SYSTEM (MARMS).
138 0605210D8Z DEFENSE-WIDE ELECTRONIC 8,279 8,279
PROCUREMENT CAPABILITIES.
139 0605294D8Z TRUSTED & ASSURED MICROELECTRONICS 107,585 107,585
140 0605772D8Z NUCLEAR COMMAND, CONTROL, & 3,685 3,685
COMMUNICATIONS.
143 0305304D8Z DOD ENTERPRISE ENERGY INFORMATION 3,275 3,275
MANAGEMENT (EEIM).
144 0305310D8Z CWMD SYSTEMS: SYSTEM DEVELOPMENT 20,585 20,585
AND DEMONSTRATION.
.................................. SUBTOTAL SYSTEM DEVELOPMENT & 603,808 603,808
DEMONSTRATION.
[[Page H3284]]
..................................
.................................. MANAGEMENT SUPPORT
145 0603829J JOINT CAPABILITY EXPERIMENTATION.. 11,239 11,239
146 0604774D8Z DEFENSE READINESS REPORTING SYSTEM 9,793 9,793
(DRRS).
147 0604875D8Z JOINT SYSTEMS ARCHITECTURE 8,497 8,497
DEVELOPMENT.
148 0604940D8Z CENTRAL TEST AND EVALUATION 422,451 435,451
INVESTMENT DEVELOPMENT (CTEIP).
.................................. Gulf Test range and training [13,000]
enhancements.
149 0604942D8Z ASSESSMENTS AND EVALUATIONS....... 18,379 18,379
150 0605001E MISSION SUPPORT................... 74,334 74,334
151 0605100D8Z JOINT MISSION ENVIRONMENT TEST 79,046 79,046
CAPABILITY (JMETC).
153 0605126J JOINT INTEGRATED AIR AND MISSILE 50,255 50,255
DEFENSE ORGANIZATION (JIAMDO).
155 0605142D8Z SYSTEMS ENGINEERING............... 49,376 49,376
156 0605151D8Z STUDIES AND ANALYSIS SUPPORT--OSD. 5,777 5,777
157 0605161D8Z NUCLEAR MATTERS-PHYSICAL SECURITY. 16,552 16,552
158 0605170D8Z SUPPORT TO NETWORKS AND 9,582 9,582
INFORMATION INTEGRATION.
159 0605200D8Z GENERAL SUPPORT TO USD 1,940 1,940
(INTELLIGENCE).
160 0605384BP CHEMICAL AND BIOLOGICAL DEFENSE 122,951 122,951
PROGRAM.
167 0605790D8Z SMALL BUSINESS INNOVATION RESEARCH 3,582 3,582
(SBIR)/ SMALL BUSINESS TECHNOLOGY
TRANSFER.
168 0605797D8Z MAINTAINING TECHNOLOGY ADVANTAGE.. 29,566 29,566
169 0605798D8Z DEFENSE TECHNOLOGY ANALYSIS....... 29,059 29,059
170 0605801KA DEFENSE TECHNICAL INFORMATION 59,369 16,069
CENTER (DTIC).
.................................. Program decrease.............. [-43,300]
171 0605803SE R&D IN SUPPORT OF DOD ENLISTMENT, 29,420 29,420
TESTING AND EVALUATION.
172 0605804D8Z DEVELOPMENT TEST AND EVALUATION... 27,198 27,198
173 0605898E MANAGEMENT HQ--R&D................ 13,434 13,434
174 0605998KA MANAGEMENT HQ--DEFENSE TECHNICAL 2,837 2,837
INFORMATION CENTER (DTIC).
175 0606100D8Z BUDGET AND PROGRAM ASSESSMENTS.... 13,173 13,173
176 0606225D8Z ODNA TECHNOLOGY AND RESOURCE 3,200 3,200
ANALYSIS.
177 0606589D8W DEFENSE DIGITAL SERVICE (DDS) 999 999
DEVELOPMENT SUPPORT.
180 0203345D8Z DEFENSE OPERATIONS SECURITY 3,099 3,099
INITIATIVE (DOSI).
181 0204571J JOINT STAFF ANALYTICAL SUPPORT.... 3,058 3,058
182 0208045K C4I INTEROPERABILITY.............. 59,813 59,813
185 0303140SE INFORMATION SYSTEMS SECURITY 1,112 1,112
PROGRAM.
186 0303166J SUPPORT TO INFORMATION OPERATIONS 545 545
(IO) CAPABILITIES.
187 0303260D8Z DEFENSE MILITARY DECEPTION PROGRAM 1,036 1,036
OFFICE (DMDPO).
188 0305172K COMBINED ADVANCED APPLICATIONS.... 30,824 30,824
190 0305208K DISTRIBUTED COMMON GROUND/SURFACE 3,048 3,048
SYSTEMS.
194 0804768J COCOM EXERCISE ENGAGEMENT AND 31,125 31,125
TRAINING TRANSFORMATION (CE2T2)--
NON-MHA.
195 0808709SE DEFENSE EQUAL OPPORTUNITY 100 100
MANAGEMENT INSTITUTE (DEOMI).
196 0901598C MANAGEMENT HQ--MDA................ 26,902 26,902
197 0903235K JOINT SERVICE PROVIDER (JSP)...... 3,138 3,138
198A 9999999999 CLASSIFIED PROGRAMS............... 41,583 41,583
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 1,297,392 1,267,092
..................................
.................................. OPERATIONAL SYSTEMS DEVELOPMENT
199 0604130V ENTERPRISE SECURITY SYSTEM (ESS).. 14,378 14,378
200 0604532K JOINT ARTIFICIAL INTELLIGENCE..... 132,058 132,058
201 0605127T REGIONAL INTERNATIONAL OUTREACH 1,986 1,986
(RIO) AND PARTNERSHIP FOR PEACE
INFORMATION MANA.
202 0605147T OVERSEAS HUMANITARIAN ASSISTANCE 316 316
SHARED INFORMATION SYSTEM
(OHASIS).
203 0607210D8Z INDUSTRIAL BASE ANALYSIS AND 9,151 79,151
SUSTAINMENT SUPPORT.
.................................. Autotune filter manufacturing [10,000]
scale-up for advanced offboard
electronic warfare.
.................................. Domestic organic light [5,000]
emitting diode microdisplay
manufacturing.
.................................. Domestic rare earth magnet [5,000]
capability.
.................................. Domestic tungsten............. [5,000]
.................................. Program increase.............. [15,000]
.................................. Radar supplier resiliency plan [5,000]
.................................. Submarine workforce [20,000]
development and training.
.................................. Ultra-hard armor.............. [5,000]
204 0607310D8Z CWMD SYSTEMS: OPERATIONAL SYSTEMS 19,082 19,082
DEVELOPMENT.
205 0607327T GLOBAL THEATER SECURITY 3,992 3,992
COOPERATION MANAGEMENT
INFORMATION SYSTEMS (G-TSCMIS).
206 0607384BP CHEMICAL AND BIOLOGICAL DEFENSE 39,530 39,530
(OPERATIONAL SYSTEMS DEVELOPMENT).
207 0208043J PLANNING AND DECISION AID SYSTEM 3,039 3,039
(PDAS).
212 0302019K DEFENSE INFO INFRASTRUCTURE 16,324 16,324
ENGINEERING AND INTEGRATION.
213 0303126K LONG-HAUL COMMUNICATIONS--DCS..... 11,884 11,884
214 0303131K MINIMUM ESSENTIAL EMERGENCY 5,560 5,560
COMMUNICATIONS NETWORK (MEECN).
215 0303136G KEY MANAGEMENT INFRASTRUCTURE 73,356 73,356
(KMI).
216 0303140D8Z INFORMATION SYSTEMS SECURITY 46,577 46,577
PROGRAM.
217 0303140G INFORMATION SYSTEMS SECURITY 356,713 336,713
PROGRAM.
.................................. GenCyber...................... [20,000]
.................................. Program decrease.............. [-40,000]
218 0303140K INFORMATION SYSTEMS SECURITY 8,922 8,922
PROGRAM.
219 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 3,695 3,695
220 0303153K DEFENSE SPECTRUM ORGANIZATION..... 20,113 20,113
223 0303228K JOINT REGIONAL SECURITY STACKS 9,728 0
(JRSS).
.................................. Program decrease.............. [-9,728]
231 0305128V SECURITY AND INVESTIGATIVE 5,700 5,700
ACTIVITIES.
235 0305186D8Z POLICY R&D PROGRAMS............... 7,144 7,144
236 0305199D8Z NET CENTRICITY.................... 21,793 21,793
238 0305208BB DISTRIBUTED COMMON GROUND/SURFACE 6,066 6,066
SYSTEMS.
[[Page H3285]]
245 0305387D8Z HOMELAND DEFENSE TECHNOLOGY 2,190 2,190
TRANSFER PROGRAM.
252 0708012K LOGISTICS SUPPORT ACTIVITIES...... 1,654 1,654
253 0708012S PACIFIC DISASTER CENTERS.......... 1,785 1,785
254 0708047S DEFENSE PROPERTY ACCOUNTABILITY 7,301 7,301
SYSTEM.
256 1105219BB MQ-9 UAV.......................... 21,265 21,265
258 1160403BB AVIATION SYSTEMS.................. 230,812 230,812
259 1160405BB INTELLIGENCE SYSTEMS DEVELOPMENT.. 19,558 19,558
260 1160408BB OPERATIONAL ENHANCEMENTS.......... 136,041 151,041
.................................. Machine learning and AI [10,000]
technologies to enable
operational maneuver.
.................................. Modular expeditionary compact [5,000]
high-energy lasers.
261 1160431BB WARRIOR SYSTEMS................... 59,511 94,511
.................................. Increased research for cUAS in [35,000]
austere locations abroad.
262 1160432BB SPECIAL PROGRAMS.................. 10,500 10,500
263 1160434BB UNMANNED ISR...................... 19,154 19,154
264 1160480BB SOF TACTICAL VEHICLES............. 9,263 9,263
265 1160483BB MARITIME SYSTEMS.................. 59,882 59,882
266 1160489BB GLOBAL VIDEO SURVEILLANCE 4,606 4,606
ACTIVITIES.
267 1160490BB OPERATIONAL ENHANCEMENTS 11,612 11,612
INTELLIGENCE.
268 1203610K TELEPORT PROGRAM.................. 3,239 3,239
268A 9999999999 CLASSIFIED PROGRAMS............... 4,746,466 4,746,466
.................................. SUBTOTAL OPERATIONAL SYSTEMS 6,161,946 6,252,218
DEVELOPMENT.
..................................
.................................. SOFTWARE AND DIGITAL TECHNOLOGY
PILOT PROGRAMS
269 0608197V NATIONAL BACKGROUND INVESTIGATION 121,676 121,676
SERVICES--SOFTWARE PILOT PROGRAM.
270 0608648D8Z ACQUISITION VISIBILITY--SOFTWARE 16,848 16,848
PILOT PROGRAM.
271 0303150K GLOBAL COMMAND AND CONTROL SYSTEM. 86,750 76,750
.................................. Program decrease.............. [-10,000]
272 0308588D8Z ALGORITHMIC WARFARE CROSS 250,107 200,107
FUNCTIONAL TEAMS--SOFTWARE PILOT
PROGRAM.
.................................. Program decrease.............. [-50,000]
.................................. SUBTOTAL SOFTWARE AND DIGITAL 475,381 415,381
TECHNOLOGY PILOT PROGRAMS.
..................................
.................................. UNDISTRIBUTED
273A 9999999999 PANDEMIC PREPAREDNESS AND 1,000,000
RESILIENCE NATIONAL SECURITY FUND.
.................................. Program increase.............. [1,000,000]
.................................. SUBTOTAL UNDISTRIBUTED......... 1,000,000
..................................
.................................. TOTAL RESEARCH, DEVELOPMENT, 24,280,891 25,295,863
TEST & EVAL, DW.
..................................
.................................. OPERATIONAL TEST & EVAL, DEFENSE
.................................. MANAGEMENT SUPPORT
001 0605118OTE OPERATIONAL TEST AND EVALUATION... 100,021 100,021
002 0605131OTE LIVE FIRE TEST AND EVALUATION..... 70,933 70,933
003 0605814OTE OPERATIONAL TEST ACTIVITIES AND 39,136 39,136
ANALYSES.
.................................. SUBTOTAL MANAGEMENT SUPPORT.... 210,090 210,090
..................................
.................................. TOTAL OPERATIONAL TEST & 210,090 210,090
EVAL, DEFENSE.
..................................
.................................. TOTAL RDT&E.................. 106,224,793 106,489,628
----------------------------------------------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR
OVERSEAS CONTINGENCY OPERATIONS.
------------------------------------------------------------------------
SEC. 4202. RESEARCH, DEVELOPMENT, TEST, AND EVALUATION FOR OVERSEAS
CONTINGENCY OPERATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 House
Line Program Element Item Request Authorized
------------------------------------------------------------------------
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
ARMY
............... APPLIED RESEARCH
016 0602145A NEXT GENERATION 2,000 2,000
COMBAT VEHICLE
TECHNOLOGY.
............... SUBTOTAL 2,000 2,000
APPLIED
RESEARCH.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
080 0603327A AIR AND MISSILE 500 500
DEFENSE SYSTEMS
ENGINEERING.
114 0604785A INTEGRATED BASE 2,020 2,020
DEFENSE (BUDGET
ACTIVITY 4).
............... SUBTOTAL 2,520 2,520
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
131 0604741A AIR DEFENSE 27,000 27,000
COMMAND,
CONTROL AND
INTELLIGENCE--E
NG DEV.
159 0605035A COMMON INFRARED 2,300 2,300
COUNTERMEASURES
(CIRCM).
166 0605051A AIRCRAFT 64,625 64,625
SURVIVABILITY
DEVELOPMENT.
183 0304270A ELECTRONIC 3,900 3,900
WARFARE
DEVELOPMENT.
............... SUBTOTAL 97,825 97,825
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... MANAGEMENT
SUPPORT
198 0605709A EXPLOITATION OF 1,000 1,000
FOREIGN ITEMS.
209 0606003A COUNTERINTEL AND 4,137 4,137
HUMAN INTEL
MODERNIZATION.
............... SUBTOTAL 5,137 5,137
MANAGEMENT
SUPPORT.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
[[Page H3286]]
239 0203802A OTHER MISSILE 2,300 2,300
PRODUCT
IMPROVEMENT
PROGRAMS.
248 0303028A SECURITY AND 23,367 23,367
INTELLIGENCE
ACTIVITIES.
257 0305204A TACTICAL 34,100 34,100
UNMANNED AERIAL
VEHICLES.
258 0305206A AIRBORNE 15,575 15,575
RECONNAISSANCE
SYSTEMS.
............... SUBTOTAL 75,342 75,342
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 182,824 182,824
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, ARMY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL,
NAVY
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
039 0603527N RETRACT LARCH... 36,500 36,500
058 0603654N JOINT SERVICE 14,461 14,461
EXPLOSIVE
ORDNANCE
DEVELOPMENT.
063 0603734N CHALK CORAL..... 3,000 3,000
071 0603795N LAND ATTACK 1,457 1,457
TECHNOLOGY.
............... SUBTOTAL 55,418 55,418
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... SYSTEM
DEVELOPMENT &
DEMONSTRATION
142 0604755N SHIP SELF 1,144 1,144
DEFENSE (DETECT
& CONTROL).
............... SUBTOTAL 1,144 1,144
SYSTEM
DEVELOPMENT &
DEMONSTRATION.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
229 0206625M USMC 3,000 3,000
INTELLIGENCE/
ELECTRONIC
WARFARE SYSTEMS
(MIP).
............... SUBTOTAL 3,000 3,000
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 59,562 59,562
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, NAVY.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL, AF
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
185 0205671F JOINT COUNTER 4,080 4,080
RCIED
ELECTRONIC
WARFARE.
228 0208288F INTEL DATA 1,224 1,224
APPLICATIONS.
............... SUBTOTAL 5,304 5,304
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 5,304 5,304
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, AF.
...............
............... RESEARCH,
DEVELOPMENT,
TEST & EVAL, DW
............... APPLIED RESEARCH
010 0602134BR COUNTER 3,699 3,699
IMPROVISED-
THREAT ADVANCED
STUDIES.
............... SUBTOTAL 3,699 3,699
APPLIED
RESEARCH.
...............
............... ADVANCED
TECHNOLOGY
DEVELOPMENT
026 0603122D8Z COMBATING 19,288 19,288
TERRORISM
TECHNOLOGY
SUPPORT.
028 0603134BR COUNTER 3,861 3,861
IMPROVISED-
THREAT
SIMULATION.
............... SUBTOTAL 23,149 23,149
ADVANCED
TECHNOLOGY
DEVELOPMENT.
...............
............... ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES
097 0604134BR COUNTER 19,931 19,931
IMPROVISED-
THREAT
DEMONSTRATION,
PROTOTYPE
DEVELOPMENT,
AND TESTING.
............... SUBTOTAL 19,931 19,931
ADVANCED
COMPONENT
DEVELOPMENT &
PROTOTYPES.
...............
............... OPERATIONAL
SYSTEMS
DEVELOPMENT
260 1160408BB OPERATIONAL 1,186 1,186
ENHANCEMENTS.
261 1160431BB WARRIOR SYSTEMS. 5,796 5,796
263 1160434BB UNMANNED ISR.... 5,000 5,000
268A 9999999999 CLASSIFIED 24,057 24,057
PROGRAMS.
............... SUBTOTAL 36,039 36,039
OPERATIONAL
SYSTEMS
DEVELOPMENT.
...............
............... TOTAL 82,818 82,818
RESEARCH,
DEVELOPMENT
, TEST &
EVAL, DW.
...............
............... TOTAL RDT&E 330,508 330,508
------------------------------------------------------------------------
TITLE XLIII--OPERATION AND MAINTENANCE
SEC. 4301. OPERATION AND MAINTENANCE.
----------------------------------------------------------------------------------------------------------------
SEC. 4301. OPERATION AND MAINTENANCE (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
FY 2021 House
Line Item Request Authorized
----------------------------------------------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
020 MODULAR SUPPORT BRIGADES.......................................... 159,834 143,834
Unjustified funding for Dynamic Force Employment.............. [-16,000]
030 ECHELONS ABOVE BRIGADE............................................ 663,751 660,951
Unjustified funding for Dynamic Force Employment.............. [-2,800]
040 THEATER LEVEL ASSETS.............................................. 956,477 956,477
050 LAND FORCES OPERATIONS SUPPORT.................................... 1,157,635 1,167,984
Establishment of Joint CUAS Office............................ [10,349]
060 AVIATION ASSETS................................................... 1,453,024 1,403,024
Unjustified funding for Dynamic Force Employment.............. [-50,000]
[[Page H3287]]
070 FORCE READINESS OPERATIONS SUPPORT................................ 4,713,660 4,713,660
080 LAND FORCES SYSTEMS READINESS..................................... 404,161 404,161
090 LAND FORCES DEPOT MAINTENANCE..................................... 1,413,359 1,513,359
Program increase for depot maintenance activities............. [100,000]
100 BASE OPERATIONS SUPPORT........................................... 8,220,093 8,320,093
Child Youth Services program increase......................... [100,000]
110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 3,581,071 3,647,387
Program increase for additional facility requirements......... [66,316]
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 411,844 411,844
160 US AFRICA COMMAND................................................. 239,387 239,387
170 US EUROPEAN COMMAND............................................... 160,761 160,761
180 US SOUTHERN COMMAND............................................... 197,826 197,826
190 US FORCES KOREA................................................... 65,152 65,152
200 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 430,109 430,109
210 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 464,117 464,117
SUBTOTAL OPERATING FORCES..................................... 24,692,261 24,900,126
MOBILIZATION
220 STRATEGIC MOBILITY................................................ 402,236 402,236
230 ARMY PREPOSITIONED STOCKS......................................... 324,306 324,306
240 INDUSTRIAL PREPAREDNESS........................................... 3,653 3,653
SUBTOTAL MOBILIZATION......................................... 730,195 730,195
TRAINING AND RECRUITING
250 OFFICER ACQUISITION............................................... 165,142 165,142
260 RECRUIT TRAINING.................................................. 76,509 76,509
270 ONE STATION UNIT TRAINING......................................... 88,523 88,523
280 SENIOR RESERVE OFFICERS TRAINING CORPS............................ 535,578 535,578
290 SPECIALIZED SKILL TRAINING........................................ 981,436 981,436
300 FLIGHT TRAINING................................................... 1,204,768 1,204,768
310 PROFESSIONAL DEVELOPMENT EDUCATION................................ 215,195 215,195
320 TRAINING SUPPORT.................................................. 575,232 575,232
330 RECRUITING AND ADVERTISING........................................ 722,612 672,612
Program decrease.............................................. [-50,000]
340 EXAMINING......................................................... 185,522 185,522
350 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 221,503 221,503
360 CIVILIAN EDUCATION AND TRAINING................................... 154,651 154,651
370 JUNIOR RESERVE OFFICER TRAINING CORPS............................. 173,286 173,286
SUBTOTAL TRAINING AND RECRUITING.............................. 5,299,957 5,249,957
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION........................................ 491,926 491,926
400 CENTRAL SUPPLY ACTIVITIES......................................... 812,613 812,613
410 LOGISTIC SUPPORT ACTIVITIES....................................... 676,178 676,178
420 AMMUNITION MANAGEMENT............................................. 437,774 437,774
430 ADMINISTRATION.................................................... 438,048 433,048
Program decrease.............................................. [-5,000]
440 SERVICEWIDE COMMUNICATIONS........................................ 1,638,872 1,628,872
Reprioritization.............................................. [-10,000]
450 MANPOWER MANAGEMENT............................................... 300,046 300,046
460 OTHER PERSONNEL SUPPORT........................................... 701,103 701,103
470 OTHER SERVICE SUPPORT............................................. 1,887,133 1,852,493
Servicewoman's Commemorative Partnership...................... [3,000]
Transfer to DAWDF--reversal of DWR transfers.................. [-37,640]
480 ARMY CLAIMS ACTIVITIES............................................ 195,291 195,291
490 REAL ESTATE MANAGEMENT............................................ 229,537 229,537
500 FINANCIAL MANAGEMENT AND AUDIT READINESS.......................... 306,370 306,370
510 INTERNATIONAL MILITARY HEADQUARTERS............................... 373,030 373,030
520 MISC. SUPPORT OF OTHER NATIONS.................................... 32,719 32,719
565 CLASSIFIED PROGRAMS............................................... 1,069,915 1,069,915
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES........................... 9,590,555 9,540,915
UNDISTRIBUTED
570 UNDISTRIBUTED..................................................... -231,457
Foreign Currency adjustments.................................. [-137,300]
Historical unobligated balances............................... [-94,157]
SUBTOTAL UNDISTRIBUTED........................................ -231,457
TOTAL OPERATION & MAINTENANCE, ARMY.......................... 40,312,968 40,189,736
OPERATION & MAINTENANCE, ARMY RES
OPERATING FORCES
010 MODULAR SUPPORT BRIGADES.......................................... 10,784 10,784
020 ECHELONS ABOVE BRIGADE............................................ 530,425 530,425
030 THEATER LEVEL ASSETS.............................................. 123,737 123,737
040 LAND FORCES OPERATIONS SUPPORT.................................... 589,582 589,582
050 AVIATION ASSETS................................................... 89,332 89,332
060 FORCE READINESS OPERATIONS SUPPORT................................ 387,545 387,545
070 LAND FORCES SYSTEMS READINESS..................................... 97,569 97,569
080 LAND FORCES DEPOT MAINTENANCE..................................... 43,148 43,148
090 BASE OPERATIONS SUPPORT........................................... 587,098 587,098
100 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 327,180 333,239
[[Page H3288]]
Program increase for additional facility requirements......... [6,059]
110 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 28,783 28,783
120 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 2,745 2,745
130 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 7,438 7,438
SUBTOTAL OPERATING FORCES..................................... 2,825,366 2,831,425
ADMIN & SRVWD ACTIVITIES
140 SERVICEWIDE TRANSPORTATION........................................ 15,530 15,530
150 ADMINISTRATION.................................................... 17,761 17,761
160 SERVICEWIDE COMMUNICATIONS........................................ 14,256 14,256
170 MANPOWER MANAGEMENT............................................... 6,564 6,564
180 RECRUITING AND ADVERTISING........................................ 55,240 55,240
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 109,351 109,351
UNDISTRIBUTED
210 UNDISTRIBUTED..................................................... -10,100
Historical unobligated balances............................... [-10,100]
SUBTOTAL UNDISTRIBUTED........................................ -10,100
TOTAL OPERATION & MAINTENANCE, ARMY RES...................... 2,934,717 2,930,676
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS.................................................... 769,449 769,449
020 MODULAR SUPPORT BRIGADES.......................................... 204,604 204,604
030 ECHELONS ABOVE BRIGADE............................................ 812,072 812,072
040 THEATER LEVEL ASSETS.............................................. 103,650 103,650
050 LAND FORCES OPERATIONS SUPPORT.................................... 32,485 32,485
060 AVIATION ASSETS................................................... 1,011,142 1,011,142
070 FORCE READINESS OPERATIONS SUPPORT................................ 712,881 712,881
080 LAND FORCES SYSTEMS READINESS..................................... 47,732 47,732
090 LAND FORCES DEPOT MAINTENANCE..................................... 265,408 265,408
100 BASE OPERATIONS SUPPORT........................................... 1,106,704 1,106,704
110 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 876,032 892,254
Program increase for additional facility requirements......... [16,222]
120 MANAGEMENT AND OPERATIONAL HEADQUARTERS........................... 1,050,257 1,050,257
130 CYBERSPACE ACTIVITIES--CYBERSPACE OPERATIONS...................... 7,998 7,998
140 CYBERSPACE ACTIVITIES--CYBERSECURITY.............................. 7,756 7,756
SUBTOTAL OPERATING FORCES..................................... 7,008,170 7,024,392
ADMIN & SRVWD ACTIVITIES
150 SERVICEWIDE TRANSPORTATION........................................ 8,018 8,018
160 ADMINISTRATION.................................................... 74,309 74,309
170 SERVICEWIDE COMMUNICATIONS........................................ 66,140 66,140
180 MANPOWER MANAGEMENT............................................... 9,087 9,087
190 OTHER PERSONNEL SUPPORT........................................... 251,714 251,714
200 REAL ESTATE MANAGEMENT............................................ 2,576 2,576
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 411,844 411,844
UNDISTRIBUTED
220 UNDISTRIBUTED..................................................... -19,900
Historical unobligated balances............................... [-19,900]
SUBTOTAL UNDISTRIBUTED........................................ -19,900
TOTAL OPERATION & MAINTENANCE, ARNG.......................... 7,420,014 7,416,336
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS............................... 5,738,746 5,359,952
Transfer to OCO............................................... [-378,794]
020 FLEET AIR TRAINING................................................ 2,213,673 2,161,673
Restoration of Congressional mark............................. [-52,000]
030 AVIATION TECHNICAL DATA & ENGINEERING SERVICES.................... 57,144 57,144
040 AIR OPERATIONS AND SAFETY SUPPORT................................. 171,949 171,949
050 AIR SYSTEMS SUPPORT............................................... 838,767 834,067
Restoration of Congressional mark............................. [-4,700]
060 AIRCRAFT DEPOT MAINTENANCE........................................ 1,459,447 1,459,447
070 AIRCRAFT DEPOT OPERATIONS SUPPORT................................. 57,789 57,789
080 AVIATION LOGISTICS................................................ 1,264,665 1,234,430
Restoration of Congressional mark............................. [-30,235]
090 MISSION AND OTHER SHIP OPERATIONS................................. -178,060
Insufficient justification.................................... [-195,000]
Preservation of LCS 3 and LCS 4............................... [16,940]
100 SHIP OPERATIONS SUPPORT & TRAINING................................ 1,117,067 1,110,267
Restoration of Congressional mark............................. [-6,800]
110 SHIP DEPOT MAINTENANCE............................................ 7,859,104 8,530,664
Preservation of LCS 3 and LCS 4............................... [21,560]
Realignment from Procurement for Ship Depot Maintenance Pilot. [650,000]
120 SHIP DEPOT OPERATIONS SUPPORT..................................... 2,262,196 2,261,796
Preservation of LCS 3 and LCS 4............................... [12,600]
Restoration of Congressional mark............................. [-13,000]
125 SHIPYARD INFRASTRUCTURE OPTIMIZATION PLAN......................... 90,000
[[Page H3289]]
Realignment from Sustainment, Readiness, and Modernization.... [90,000]
130 COMBAT COMMUNICATIONS AND ELECTRONIC WARFARE...................... 1,521,360 1,502,360
Restoration of Congressional mark............................. [-19,000]
140 SPACE SYSTEMS AND SURVEILLANCE.................................... 274,087 274,087
150 WARFARE TACTICS................................................... 741,609 741,609
160 OPERATIONAL METEOROLOGY AND OCEANOGRAPHY.......................... 401,382 401,382
170 COMBAT SUPPORT FORCES............................................. 1,546,273 936,273
Restoration of Congressional mark............................. [-60,000]
Transfer to OCO............................................... [-550,000]
180 EQUIPMENT MAINTENANCE AND DEPOT OPERATIONS SUPPORT................ 177,951 177,951
190 COMBATANT COMMANDERS CORE OPERATIONS.............................. 61,484 61,484
200 COMBATANT COMMANDERS DIRECT MISSION SUPPORT....................... 102,330 124,130
Indo-Pacific Counter-Terrorism Information Facility........... [2,000]
Indo-Pacific Special Operations Joint Task Force.............. [6,300]
INDOPACOM Mission Command and Control (MPE-C2)................ [13,500]
210 MILITARY INFORMATION SUPPORT OPERATIONS........................... 8,810 8,810
220 CYBERSPACE ACTIVITIES............................................. 567,496 567,496
230 FLEET BALLISTIC MISSILE........................................... 1,428,102 1,428,102
240 WEAPONS MAINTENANCE............................................... 995,762 950,762
Restoration of Congressional mark............................. [-45,000]
250 OTHER WEAPON SYSTEMS SUPPORT...................................... 524,008 524,008
260 ENTERPRISE INFORMATION............................................ 1,229,056 1,184,056
Program decrease.............................................. [-25,000]
Restoration of Congressional mark............................. [-20,000]
270 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 3,453,099 3,427,045
Program increase for additional facility requirements......... [63,946]
Realignment to Shipyard Infrastructure Optimization Plan...... [-90,000]
280 BASE OPERATING SUPPORT............................................ 4,627,966 4,603,966
Restoration of Congressional mark............................. [-24,000]
SUBTOTAL OPERATING FORCES..................................... 40,701,322 40,064,639
MOBILIZATION
290 SHIP PREPOSITIONING AND SURGE..................................... 849,993 657,900
Realignment to National Defense Sealift Fund.................. [-314,193]
Restoration of Congressional mark............................. [-20,000]
Strategic sealift (MSC surge) annual operating result loss.... [57,000]
Surge sealift readiness....................................... [85,100]
300 READY RESERVE FORCE............................................... 436,029 376,029
Acquisition and conversion of additional used vessels......... [60,000]
Realignment to National Defense Sealift Fund.................. [-120,000]
310 SHIP ACTIVATIONS/INACTIVATIONS.................................... 286,416 258,416
Restoration of Congressional mark............................. [-28,000]
320 EXPEDITIONARY HEALTH SERVICES SYSTEMS............................. 99,402 42,190
Realignment to National Defense Sealift Fund.................. [-57,212]
330 COAST GUARD SUPPORT............................................... 25,235 25,235
SUBTOTAL MOBILIZATION......................................... 1,697,075 1,359,770
TRAINING AND RECRUITING
340 OFFICER ACQUISITION............................................... 186,117 186,117
350 RECRUIT TRAINING.................................................. 13,206 13,206
360 RESERVE OFFICERS TRAINING CORPS................................... 163,683 163,683
370 SPECIALIZED SKILL TRAINING........................................ 947,841 930,641
Restoration of Congressional mark............................. [-17,200]
380 PROFESSIONAL DEVELOPMENT EDUCATION................................ 367,647 369,147
Sea Cadets.................................................... [1,500]
390 TRAINING SUPPORT.................................................. 254,928 254,928
400 RECRUITING AND ADVERTISING........................................ 206,305 206,305
410 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 103,799 103,799
420 CIVILIAN EDUCATION AND TRAINING................................... 66,060 66,060
430 JUNIOR ROTC....................................................... 56,276 56,276
SUBTOTAL TRAINING AND RECRUITING.............................. 2,365,862 2,350,162
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION.................................................... 1,249,410 1,186,410
Program decrease.............................................. [-30,000]
Restoration of Congressional mark............................. [-33,000]
450 CIVILIAN MANPOWER AND PERSONNEL MANAGEMENT........................ 189,625 189,625
460 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................ 499,904 499,904
470 MEDICAL ACTIVITIES................................................ 196,747 196,747
480 SERVICEWIDE TRANSPORTATION........................................ 165,708 160,614
Unjustified funding for Dynamic Force Employment.............. [-5,094]
500 PLANNING, ENGINEERING, AND PROGRAM SUPPORT........................ 519,716 519,716
510 ACQUISITION, LOGISTICS, AND OVERSIGHT............................. 751,184 690,564
Transfer to DAWDF--reversal of DWR transfers.................. [-60,620]
520 INVESTIGATIVE AND SECURITY SERVICES............................... 747,519 736,519
Restoration of Congressional mark............................. [-11,000]
625 CLASSIFIED PROGRAMS............................................... 608,670 608,670
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 4,928,483 4,788,769
UNDISTRIBUTED
770 UNDISTRIBUTED..................................................... -71,900
Foreign Currency adjustments.................................. [-48,500]
[[Page H3290]]
Historical unobligated balances............................... [-23,400]
SUBTOTAL UNDISTRIBUTED........................................ -71,900
TOTAL OPERATION & MAINTENANCE, NAVY.......................... 49,692,742 48,491,440
OPERATION & MAINTENANCE, MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES................................................ 941,143 527,743
Transfer to OCO............................................... [-400,000]
Unjustified funding for Dynamic Force Employment.............. [-13,400]
020 FIELD LOGISTICS................................................... 1,277,798 1,277,798
030 DEPOT MAINTENANCE................................................. 206,907 206,907
040 MARITIME PREPOSITIONING........................................... 103,614 103,614
050 CYBERSPACE ACTIVITIES............................................. 215,974 215,974
060 SUSTAINMENT, RESTORATION & MODERNIZATION.......................... 938,063 955,434
Program increase for additional facility requirements......... [17,371]
070 BASE OPERATING SUPPORT............................................ 2,264,680 2,360,680
Program increase.............................................. [96,000]
SUBTOTAL OPERATING FORCES..................................... 5,948,179 5,648,150
TRAINING AND RECRUITING
080 RECRUIT TRAINING.................................................. 20,751 20,751
090 OFFICER ACQUISITION............................................... 1,193 1,193
100 SPECIALIZED SKILL TRAINING........................................ 110,149 110,149
110 PROFESSIONAL DEVELOPMENT EDUCATION................................ 69,509 69,509
120 TRAINING SUPPORT.................................................. 412,613 412,613
130 RECRUITING AND ADVERTISING........................................ 215,464 215,464
140 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 33,719 33,719
150 JUNIOR ROTC....................................................... 25,784 25,784
SUBTOTAL TRAINING AND RECRUITING.............................. 889,182 889,182
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION........................................ 32,005 32,005
170 ADMINISTRATION.................................................... 399,363 399,363
215 CLASSIFIED PROGRAMS............................................... 59,878 59,878
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 491,246 491,246
UNDISTRIBUTED
230 UNDISTRIBUTED..................................................... -19,700
Foreign Currency adjustments.................................. [-13,400]
Historical unobligated balances............................... [-6,300]
SUBTOTAL UNDISTRIBUTED........................................ -19,700
TOTAL OPERATION & MAINTENANCE, MARINE CORPS.................. 7,328,607 7,008,878
OPERATION & MAINTENANCE, NAVY RES
OPERATING FORCES
010 MISSION AND OTHER FLIGHT OPERATIONS............................... 635,070 635,070
020 INTERMEDIATE MAINTENANCE.......................................... 8,713 8,713
030 AIRCRAFT DEPOT MAINTENANCE........................................ 105,088 105,088
040 AIRCRAFT DEPOT OPERATIONS SUPPORT................................. 398 398
050 AVIATION LOGISTICS................................................ 27,284 27,284
070 COMBAT COMMUNICATIONS............................................. 17,894 17,894
080 COMBAT SUPPORT FORCES............................................. 132,862 132,862
090 CYBERSPACE ACTIVITIES............................................. 453 453
100 ENTERPRISE INFORMATION............................................ 26,073 26,073
110 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 48,762 49,665
Program increase for additional facility requirements......... [903]
120 BASE OPERATING SUPPORT............................................ 103,580 103,580
SUBTOTAL OPERATING FORCES..................................... 1,106,177 1,107,080
ADMIN & SRVWD ACTIVITIES
130 ADMINISTRATION.................................................... 1,927 1,927
140 MILITARY MANPOWER AND PERSONNEL MANAGEMENT........................ 15,895 15,895
150 ACQUISITION AND PROGRAM MANAGEMENT................................ 3,047 3,047
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 20,869 20,869
UNDISTRIBUTED
190 UNDISTRIBUTED..................................................... -3,800
Historical unobligated balances............................... [-3,800]
SUBTOTAL UNDISTRIBUTED........................................ -3,800
TOTAL OPERATION & MAINTENANCE, NAVY RES...................... 1,127,046 1,124,149
OPERATION & MAINTENANCE, MC RESERVE
OPERATING FORCES
010 OPERATING FORCES.................................................. 104,616 104,616
020 DEPOT MAINTENANCE................................................. 17,053 17,053
030 SUSTAINMENT, RESTORATION AND MODERNIZATION........................ 41,412 42,179
Program increase for additional facility requirements......... [767]
040 BASE OPERATING SUPPORT............................................ 107,773 107,773
SUBTOTAL OPERATING FORCES..................................... 270,854 271,621
[[Page H3291]]
ADMIN & SRVWD ACTIVITIES
050 ADMINISTRATION.................................................... 13,802 13,802
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 13,802 13,802
UNDISTRIBUTED
70 UNDISTRIBUTED..................................................... -700
Historical unobligated balances............................... [-700]
SUBTOTAL UNDISTRIBUTED........................................ -700
TOTAL OPERATION & MAINTENANCE, MC RESERVE.................... 284,656 284,723
OPERATION & MAINTENANCE, AIR FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES............................................. 731,511 733,181
A-10 retention................................................ [1,670]
020 COMBAT ENHANCEMENT FORCES......................................... 1,275,485 1,275,485
030 AIR OPERATIONS TRAINING (OJT, MAINTAIN SKILLS).................... 1,437,095 1,449,525
A-10 retention................................................ [12,430]
040 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 154,260
A-10 retention................................................ [81,460]
KC-135 and KC-10 aircraft retention........................... [72,800]
050 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 3,241,216 3,301,238
Program increase for additional facility requirements......... [60,022]
060 CYBERSPACE SUSTAINMENT............................................ 235,816 235,816
070 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 1,508,342 1,508,342
080 FLYING HOUR PROGRAM............................................... 4,458,457 4,511,317
A-10 retention................................................ [52,860]
090 BASE SUPPORT...................................................... 7,497,288 7,487,088
Unjustified funding for Dynamic Force Employment.............. [-10,200]
100 GLOBAL C3I AND EARLY WARNING...................................... 849,842 849,842
110 OTHER COMBAT OPS SPT PROGRAMS..................................... 1,067,055 820,725
Realignment from Base to OCO.................................. [-246,330]
120 CYBERSPACE ACTIVITIES............................................. 698,579 693,579
Program decrease.............................................. [-5,000]
150 SPACE CONTROL SYSTEMS............................................. 34,194 34,194
160 US NORTHCOM/NORAD................................................. 204,268 204,268
170 US STRATCOM....................................................... 526,809 526,809
180 US CYBERCOM....................................................... 314,524 314,524
190 US CENTCOM........................................................ 186,116 186,116
200 US SOCOM.......................................................... 9,881 9,881
210 US TRANSCOM....................................................... 1,046 1,046
230 USSPACECOM........................................................ 249,022 249,022
235 CLASSIFIED PROGRAMS............................................... 1,289,339 1,289,339
SUBTOTAL OPERATING FORCES..................................... 25,815,885 25,835,597
MOBILIZATION
240 AIRLIFT OPERATIONS................................................ 1,350,031 1,110,031
Realignment from Base to OCO.................................. [-240,000]
250 MOBILIZATION PREPAREDNESS......................................... 647,168 647,168
SUBTOTAL MOBILIZATION......................................... 1,997,199 1,757,199
TRAINING AND RECRUITING
260 OFFICER ACQUISITION............................................... 142,548 142,548
270 RECRUIT TRAINING.................................................. 25,720 25,720
280 RESERVE OFFICERS TRAINING CORPS (ROTC)............................ 128,295 128,295
290 SPECIALIZED SKILL TRAINING........................................ 417,335 417,335
300 FLIGHT TRAINING................................................... 615,033 615,033
310 PROFESSIONAL DEVELOPMENT EDUCATION................................ 298,795 298,795
320 TRAINING SUPPORT.................................................. 85,844 85,844
330 RECRUITING AND ADVERTISING........................................ 155,065 155,065
340 EXAMINING......................................................... 4,474 4,474
350 OFF-DUTY AND VOLUNTARY EDUCATION.................................. 219,349 219,349
360 CIVILIAN EDUCATION AND TRAINING................................... 361,570 371,570
Sustainment Workforce Development Program increase............ [10,000]
370 JUNIOR ROTC....................................................... 72,126 72,126
SUBTOTAL TRAINING AND RECRUITING.............................. 2,526,154 2,536,154
ADMIN & SRVWD ACTIVITIES
380 LOGISTICS OPERATIONS.............................................. 672,426 672,426
390 TECHNICAL SUPPORT ACTIVITIES...................................... 145,130 103,070
Transfer to DAWDF--reversal of DWR transfers.................. [-42,060]
400 ADMINISTRATION.................................................... 851,251 851,251
410 SERVICEWIDE COMMUNICATIONS........................................ 28,554 28,554
420 OTHER SERVICEWIDE ACTIVITIES...................................... 1,188,414 1,183,814
Program Decrease.............................................. [-4,600]
430 CIVIL AIR PATROL.................................................. 28,772 43,215
Program increase.............................................. [14,443]
450 INTERNATIONAL SUPPORT............................................. 158,803 158,803
455 CLASSIFIED PROGRAMS............................................... 1,338,009 1,338,009
SUBTOTAL ADMIN & SRVWD ACTIVITIES............................. 4,411,359 4,379,142
[[Page H3292]]
UNDISTRIBUTED
550 UNDISTRIBUTED..................................................... -72,700
Foreign Currency adjustments.................................. [-39,400]
Historical unobligated balances............................... [-33,300]
SUBTOTAL UNDISTRIBUTED........................................ -72,700
TOTAL OPERATION & MAINTENANCE, AIR FORCE..................... 34,750,597 34,435,392
OPERATION & MAINTENANCE, SPACE FORCE
OPERATING FORCES
020 GLOBAL C3I & EARLY WARNING........................................ 276,109 276,109
030 SPACE LAUNCH OPERATIONS........................................... 177,056 177,056
040 SPACE OPERATIONS.................................................. 475,338 475,338
050 EDUCATION & TRAINING.............................................. 18,660 18,660
060 SPECIAL PROGRAMS.................................................. 137,315 137,315
070 DEPOT MAINTENANCE................................................. 250,324 250,324
080 CONTRACTOR LOGISTICS & SYSTEM SUPPORT............................. 1,063,969 1,060,969
Program decrease.............................................. [-3,000]
SUBTOTAL OPERATING FORCES..................................... 2,398,771 2,395,771
ADMINISTRATION AND SERVICE WIDE ACTIVITIES
090 ADMINISTRATION.................................................... 132,523 132,523
SUBTOTAL ADMINISTRATION AND SERVICE WIDE ACTIVITIES........... 132,523 132,523
UNDISTRIBUTED
110 UNDISTRIBUTED..................................................... -2,400
Historical unobligated balances............................... [-2,400]
SUBTOTAL UNDISTRIBUTED........................................ -2,400
TOTAL OPERATION & MAINTENANCE, SPACE FORCE................... 2,531,294 2,525,894
OPERATION & MAINTENANCE, AF RESERVE
OPERATING FORCES
010 PRIMARY COMBAT FORCES............................................. 1,782,016 1,782,016
020 MISSION SUPPORT OPERATIONS........................................ 215,209 215,209
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 453,896 476,096
KC-135 and KC-10 aircraft retention........................... [22,200]
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 103,414 105,329
Program increase for additional facility requirements......... [1,915]
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 224,977 224,977
060 BASE SUPPORT...................................................... 452,468 452,468
070 CYBERSPACE ACTIVITIES............................................. 2,259 2,259
SUBTOTAL OPERATING FORCES..................................... 3,234,239 3,258,354
ADMINISTRATION AND SERVICEWIDE ACTIVITIES
080 ADMINISTRATION.................................................... 74,258 74,258
090 RECRUITING AND ADVERTISING........................................ 23,121 23,121
100 MILITARY MANPOWER AND PERS MGMT (ARPC)............................ 12,006 12,006
110 OTHER PERS SUPPORT (DISABILITY COMP).............................. 6,165 6,165
120 AUDIOVISUAL....................................................... 495 495
SUBTOTAL ADMINISTRATION AND SERVICEWIDE ACTIVITIES............ 116,045 116,045
UNDISTRIBUTED
130 UNDISTRIBUTED..................................................... -9,100
Historical unobligated balances............................... [-9,100]
SUBTOTAL UNDISTRIBUTED........................................ -9,100
TOTAL OPERATION & MAINTENANCE, AF RESERVE.................... 3,350,284 3,365,299
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
010 AIRCRAFT OPERATIONS............................................... 2,476,205 2,476,205
020 MISSION SUPPORT OPERATIONS........................................ 611,325 611,325
030 DEPOT PURCHASE EQUIPMENT MAINTENANCE.............................. 1,138,919 1,153,919
KC-135 aircraft retention..................................... [15,000]
040 FACILITIES SUSTAINMENT, RESTORATION & MODERNIZATION............... 323,605 359,598
Installation recovery......................................... [30,000]
Program increase for additional facility requirements......... [5,993]
050 CONTRACTOR LOGISTICS SUPPORT AND SYSTEM SUPPORT................... 1,100,828 1,100,828
060 BASE SUPPORT...................................................... 962,438 962,438
070 CYBERSPACE SUSTAINMENT............................................ 27,028 27,028
080 CYBERSPACE ACTIVITIES............................................. 16,380 16,380
SUBTOTAL OPERATING FORCES..................................... 6,656,728 6,707,721
ADMINISTRATION AND SERVICE-WIDE ACTIVITIES
090 ADMINISTRATION.................................................... 48,218 48,218
100 RECRUITING AND ADVERTISING........................................ 48,696 48,696
SUBTOTAL ADMINISTRATION AND SERVICE-WIDE ACTIVITIES........... 96,914 96,914
UNDISTRIBUTED
110 UNDISTRIBUTED..................................................... -13,300
Historical unobligated balances............................... [-13,300]
[[Page H3293]]
SUBTOTAL UNDISTRIBUTED........................................ -13,300
TOTAL OPERATION & MAINTENANCE, ANG........................... 6,753,642 6,791,335
OPERATION AND MAINTENANCE, DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF............................................. 439,111 439,111
020 JOINT CHIEFS OF STAFF--CE2T2...................................... 535,728 535,728
030 JOINT CHIEFS OF STAFF--CYBER...................................... 24,728 24,728
040 SPECIAL OPERATIONS COMMAND COMBAT DEVELOPMENT ACTIVITIES.......... 1,069,971 1,069,971
050 SPECIAL OPERATIONS COMMAND CYBERSPACE ACTIVITIES.................. 9,800 9,800
060 SPECIAL OPERATIONS COMMAND INTELLIGENCE........................... 561,907 556,907
Unjustified growth............................................ [-5,000]
070 SPECIAL OPERATIONS COMMAND MAINTENANCE............................ 685,097 680,097
Program decrease.............................................. [-5,000]
080 SPECIAL OPERATIONS COMMAND MANAGEMENT/OPERATIONAL HEADQUARTERS.... 158,971 158,971
090 SPECIAL OPERATIONS COMMAND OPERATIONAL SUPPORT.................... 1,062,748 1,062,748
100 SPECIAL OPERATIONS COMMAND THEATER FORCES......................... 2,598,385 2,598,385
SUBTOTAL OPERATING FORCES..................................... 7,146,446 7,136,446
TRAINING AND RECRUITING
120 DEFENSE ACQUISITION UNIVERSITY.................................... 162,963 162,963
130 JOINT CHIEFS OF STAFF............................................. 95,684 95,684
140 PROFESSIONAL DEVELOPMENT EDUCATION................................ 33,301 33,301
SUBTOTAL TRAINING AND RECRUITING.............................. 291,948 291,948
ADMIN & SRVWIDE ACTIVITIES
160 CIVIL MILITARY PROGRAMS........................................... 147,993 167,993
Program increase--STARBASE.................................... [20,000]
180 DEFENSE CONTRACT AUDIT AGENCY..................................... 604,835 636,565
Restoration of DWR reductions................................. [31,730]
190 DEFENSE CONTRACT AUDIT AGENCY--CYBER.............................. 3,282 3,282
210 DEFENSE CONTRACT MANAGEMENT AGENCY................................ 1,370,681 1,445,781
Restoration of DWR reductions................................. [75,100]
220 DEFENSE CONTRACT MANAGEMENT AGENCY--CYBER......................... 22,532 22,532
230 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY................... 949,008 949,008
250 DEFENSE COUNTERINTELLIGENCE AND SECURITY AGENCY--CYBER............ 9,577 9,577
260 DEFENSE HUMAN RESOURCES ACTIVITY.................................. 799,952 813,356
Defense Flagship Language and Project Global Officer program [13,404]
increase......................................................
270 DEFENSE HUMAN RESOURCES ACTIVITY--CYBER........................... 20,806 20,806
280 DEFENSE INFORMATION SYSTEMS AGENCY................................ 1,883,190 1,871,590
JRSS program decrease......................................... [-11,600]
290 DEFENSE INFORMATION SYSTEMS AGENCY--CYBER......................... 582,639 582,639
330 DEFENSE LEGAL SERVICES AGENCY..................................... 37,637 37,637
340 DEFENSE LOGISTICS AGENCY.......................................... 382,084 412,084
Maternity Uniform Pilot Program............................... [10,000]
Program increase--PTAP........................................ [20,000]
350 DEFENSE MEDIA ACTIVITY............................................ 196,997 205,997
Stars and Stripes............................................. [9,000]
360 DEFENSE PERSONNEL ACCOUNTING AGENCY............................... 129,225 129,225
370 DEFENSE SECURITY COOPERATION AGENCY............................... 598,559 598,559
400 DEFENSE TECHNOLOGY SECURITY ADMINISTRATION........................ 38,432 38,432
410 DEFENSE THREAT REDUCTION AGENCY................................... 591,780 591,780
430 DEFENSE THREAT REDUCTION AGENCY--CYBER............................ 24,635 24,635
440 DEPARTMENT OF DEFENSE EDUCATION ACTIVITY.......................... 2,941,429 2,991,429
Impact Aid.................................................... [40,000]
Impact Aid for children with disabilities..................... [10,000]
450 MISSILE DEFENSE AGENCY............................................ 505,858 505,858
480 OFFICE OF ECONOMIC ADJUSTMENT..................................... 40,272 129,272
Defense Community Infrastructure Program...................... [50,000]
Guam Public Health Laboratory................................. [19,000]
Restoration of DWR reduction.................................. [20,000]
490 OFFICE OF THE SECRETARY OF DEFENSE................................ 1,540,446 1,619,446
Additional FTEs, Office of the Deputy Assistant Secretary for [2,000]
Environment...................................................
Additional FTEs, Office of the Deputy Assistant Secretary for [2,000]
Facilities Management.........................................
Basic needs allowance......................................... [50,000]
JASON scientific advisory group............................... [3,000]
National Security Commission on Artificial Intelligence [2,500]
(NSCAI).......................................................
Program decrease.............................................. [-15,500]
Program increase--Readiness and Environmental Protection [25,000]
Initiative....................................................
Undersecretary of Defense for Intelligence and Security, [10,000]
medical intelligence improvements.............................
500 OFFICE OF THE SECRETARY OF DEFENSE--CYBER......................... 51,630 51,630
510 SPACE DEVELOPMENT AGENCY.......................................... 48,166 36,166
Reduction for studies......................................... [-7,000]
Unjustified growth............................................ [-5,000]
530 WASHINGTON HEADQUARTERS SERVICES.................................. 340,291 340,291
535 CLASSIFIED PROGRAMS............................................... 17,348,749 17,348,749
SUBTOTAL ADMIN & SRVWIDE ACTIVITIES........................... 31,210,685 31,584,319
UNDISTRIBUTED
600 UNDISTRIBUTED..................................................... -88,000
Foreign Currency adjustments.................................. [-18,700]
[[Page H3294]]
Historical unobligated balances............................... [-69,300]
SUBTOTAL UNDISTRIBUTED........................................ -88,000
TOTAL OPERATION AND MAINTENANCE, DEFENSE-WIDE................ 38,649,079 38,924,713
US COURT OF APPEALS FOR ARMED FORCES, DEF
ADMINISTRATION AND ASSOCIATED ACTIVITIES
010 US COURT OF APPEALS FOR THE ARMED FORCES, DEFENSE................. 15,211 15,211
SUBTOTAL ADMINISTRATION AND ASSOCIATED ACTIVITIES............. 15,211 15,211
TOTAL US COURT OF APPEALS FOR ARMED FORCES, DEF.............. 15,211 15,211
DOD ACQUISITION WORKFORCE DEVELOPMENT FUND
ACQUISITION WORKFORCE DEVELOPMENT
010 ACQ WORKFORCE DEV FD.............................................. 58,181 198,501
Transfer from services--reversal of DWR transfers............. [140,320]
SUBTOTAL ACQUISITION WORKFORCE DEVELOPMENT.................... 58,181 198,501
TOTAL DOD ACQUISITION WORKFORCE DEVELOPMENT FUND............. 58,181 198,501
OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID
HUMANITARIAN ASSISTANCE
010 OVERSEAS HUMANITARIAN, DISASTER AND CIVIC AID..................... 109,900 109,900
SUBTOTAL HUMANITARIAN ASSISTANCE.............................. 109,900 109,900
TOTAL OVERSEAS HUMANITARIAN, DISASTER, AND CIVIC AID......... 109,900 109,900
COOPERATIVE THREAT REDUCTION ACCOUNT
COOPERATIVE THREAT REDUCTION
010 COOPERATIVE THREAT REDUCTION...................................... 238,490 373,690
Restoration of funding........................................ [135,200]
SUBTOTAL COOPERATIVE THREAT REDUCTION......................... 238,490 373,690
TOTAL COOPERATIVE THREAT REDUCTION ACCOUNT................... 238,490 373,690
ENVIRONMENTAL RESTORATION
DEPARTMENT OF THE ARMY
050 ENVIRONMENTAL RESTORATION, ARMY................................... 207,518 207,518
SUBTOTAL DEPARTMENT OF THE ARMY............................... 207,518 207,518
DEPARTMENT OF THE NAVY
060 ENVIRONMENTAL RESTORATION, NAVY................................... 335,932 335,932
SUBTOTAL DEPARTMENT OF THE NAVY............................... 335,932 335,932
DEPARTMENT OF THE AIR FORCE
070 ENVIRONMENTAL RESTORATION, AIR FORCE.............................. 303,926 303,926
SUBTOTAL DEPARTMENT OF THE AIR FORCE.......................... 303,926 303,926
DEFENSE-WIDE
080 ENVIRONMENTAL RESTORATION, DEFENSE................................ 9,105 9,105
SUBTOTAL DEFENSE-WIDE......................................... 9,105 9,105
DEFENSE-WIDE
090 ENVIRONMENTAL RESTORATION FORMERLY USED SITES..................... 216,587 266,587
Military Munitions Response Program........................... [50,000]
SUBTOTAL DEFENSE-WIDE......................................... 216,587 266,587
TOTAL ENVIRONMENTAL RESTORATION.............................. 1,073,068 1,123,068
UNDISTRIBUTED
010 UNDISTRIBUTED..................................................... -1,455,870
Excessive standard price for fuel............................. [-1,455,870]
SUBTOTAL UNDISTRIBUTED........................................ -1,455,870
TOTAL UNDISTRIBUTED.......................................... -1,455,870
TOTAL OPERATION & MAINTENANCE................................ 196,630,496 193,853,071
----------------------------------------------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4302. OPERATION AND MAINTENANCE FOR OVERSEAS CONTINGENCY OPERATIONS
(In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 House
Line Item Request Authorized
------------------------------------------------------------------------
OPERATION & MAINTENANCE, ARMY
OPERATING FORCES
010 MANEUVER UNITS................ 4,114,001 3,789,001
[[Page H3295]]
Drawdown from Operation [-75,000]
Freedom's Sentinel........
Unjustified funding for [-250,000]
Dynamic Force Employment..
030 ECHELONS ABOVE BRIGADE........ 32,811 32,811
040 THEATER LEVEL ASSETS.......... 2,542,760 2,102,760
Drawdown from Operation [-440,000]
Freedom's Sentinel........
050 LAND FORCES OPERATIONS SUPPORT 162,557 122,557
Drawdown from Operation [-40,000]
Freedom's Sentinel........
060 AVIATION ASSETS............... 204,396 179,572
Drawdown from Operation [-24,824]
Freedom's Sentinel........
070 FORCE READINESS OPERATIONS 5,716,734 4,716,734
SUPPORT......................
Drawdown from Operation [-1,000,000]
Freedom's Sentinel........
080 LAND FORCES SYSTEMS READINESS. 180,048 140,048
Drawdown from Operation [-40,000]
Freedom's Sentinel........
090 LAND FORCES DEPOT MAINTENANCE. 81,125 81,125
100 BASE OPERATIONS SUPPORT....... 219,029 219,029
110 FACILITIES SUSTAINMENT, 301,017 301,017
RESTORATION & MODERNIZATION..
130 ADDITIONAL ACTIVITIES......... 966,649 782,649
Drawdown from Operation [-184,000]
Freedom's Sentinel........
140 COMMANDER'S EMERGENCY RESPONSE 2,500 2,500
PROGRAM......................
150 RESET......................... 403,796 803,796
Retrograde from Operation [400,000]
Freedom's Sentinel........
160 US AFRICA COMMAND............. 100,422 100,422
170 US EUROPEAN COMMAND........... 120,043 120,043
200 CYBERSPACE ACTIVITIES-- 98,461 98,461
CYBERSPACE OPERATIONS........
210 CYBERSPACE ACTIVITIES-- 21,256 21,256
CYBERSECURITY................
SUBTOTAL OPERATING FORCES. 15,267,605 13,613,781
MOBILIZATION
230 ARMY PREPOSITIONED STOCKS..... 103,052 103,052
SUBTOTAL MOBILIZATION..... 103,052 103,052
TRAINING AND RECRUITING
290 SPECIALIZED SKILL TRAINING.... 89,943 89,943
320 TRAINING SUPPORT.............. 2,550 2,550
SUBTOTAL TRAINING AND 92,493 92,493
RECRUITING................
ADMIN & SRVWIDE ACTIVITIES
390 SERVICEWIDE TRANSPORTATION.... 521,090 821,090
Retrograde from Operation [300,000]
Freedom's Sentinel........
400 CENTRAL SUPPLY ACTIVITIES..... 43,897 43,897
410 LOGISTIC SUPPORT ACTIVITIES... 68,423 68,423
420 AMMUNITION MANAGEMENT......... 29,162 29,162
440 SERVICEWIDE COMMUNICATIONS.... 11,447 11,447
470 OTHER SERVICE SUPPORT......... 5,839 5,839
490 REAL ESTATE MANAGEMENT........ 48,782 48,782
510 INTERNATIONAL MILITARY 50,000 50,000
HEADQUARTERS.................
565 CLASSIFIED PROGRAMS........... 895,964 895,964
SUBTOTAL ADMIN & SRVWIDE 1,674,604 1,974,604
ACTIVITIES................
TOTAL OPERATION & 17,137,754 15,783,930
MAINTENANCE, ARMY........
OPERATION & MAINTENANCE, ARMY
RES
OPERATING FORCES
020 ECHELONS ABOVE BRIGADE........ 17,193 17,193
060 FORCE READINESS OPERATIONS 440 440
SUPPORT......................
090 BASE OPERATIONS SUPPORT....... 15,766 15,766
SUBTOTAL OPERATING FORCES. 33,399 33,399
TOTAL OPERATION & 33,399 33,399
MAINTENANCE, ARMY RES....
OPERATION & MAINTENANCE, ARNG
OPERATING FORCES
010 MANEUVER UNITS................ 25,746 25,746
020 MODULAR SUPPORT BRIGADES...... 40 40
030 ECHELONS ABOVE BRIGADE........ 983 983
040 THEATER LEVEL ASSETS.......... 22 22
060 AVIATION ASSETS............... 20,624 20,624
070 FORCE READINESS OPERATIONS 7,914 7,914
SUPPORT......................
100 BASE OPERATIONS SUPPORT....... 24,417 24,417
SUBTOTAL OPERATING FORCES. 79,746 79,746
ADMIN & SRVWD ACTIVITIES
170 SERVICEWIDE COMMUNICATIONS.... 46 46
SUBTOTAL ADMIN & SRVWD 46 46
ACTIVITIES................
TOTAL OPERATION & 79,792 79,792
MAINTENANCE, ARNG........
AFGHANISTAN SECURITY FORCES
FUND
AFGHAN NATIONAL ARMY
010 SUSTAINMENT................... 1,065,932 1,065,932
020 INFRASTRUCTURE................ 64,501 64,501
030 EQUIPMENT AND TRANSPORTATION.. 47,854 47,854
[[Page H3296]]
040 TRAINING AND OPERATIONS....... 56,780 56,780
SUBTOTAL AFGHAN NATIONAL 1,235,067 1,235,067
ARMY......................
AFGHAN NATIONAL POLICE
050 SUSTAINMENT................... 434,500 434,500
060 INFRASTRUCTURE................ 448 448
070 EQUIPMENT AND TRANSPORTATION.. 108,231 108,231
080 TRAINING AND OPERATIONS....... 58,993 58,993
SUBTOTAL AFGHAN NATIONAL 602,172 602,172
POLICE....................
AFGHAN AIR FORCE
090 SUSTAINMENT................... 534,102 534,102
100 INFRASTRUCTURE................ 9,532 9,532
110 EQUIPMENT AND TRANSPORTATION.. 58,487 58,487
120 TRAINING AND OPERATIONS....... 233,803 233,803
SUBTOTAL AFGHAN AIR FORCE. 835,924 835,924
AFGHAN SPECIAL SECURITY FORCES
UNDISTRIBUTED
130 SUSTAINMENT................... 680,024 680,024
140 INFRASTRUCTURE................ 2,532 2,532
150 EQUIPMENT AND TRANSPORTATION.. 486,808 486,808
160 TRAINING AND OPERATIONS....... 173,085 173,085
SUBTOTAL AFGHAN SPECIAL 1,342,449 1,342,449
SECURITY FORCES...........
170 UNDISTRIBUTED................. -500,000
Insufficient justification [-500,000]
SUBTOTAL UNDISTRIBUTED.... -500,000
TOTAL AFGHANISTAN 4,015,612 3,515,612
SECURITY FORCES FUND.....
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
COUNTER ISIS TRAIN AND EQUIP
FUND (CTEF)
010 IRAQ.......................... 645,000 500,000
Program decrease.......... [-145,000]
020 SYRIA......................... 200,000 200,000
SUBTOTAL COUNTER ISIS 845,000 700,000
TRAIN AND EQUIP FUND
(CTEF)....................
TOTAL COUNTER ISIS TRAIN 845,000 700,000
AND EQUIP FUND (CTEF)....
OPERATION & MAINTENANCE, NAVY
OPERATING FORCES
010 MISSION AND OTHER FLIGHT 382,062 760,856
OPERATIONS...................
Transfer from base........ [378,794]
030 AVIATION TECHNICAL DATA & 832 832
ENGINEERING SERVICES.........
040 AIR OPERATIONS AND SAFETY 17,840 17,840
SUPPORT......................
050 AIR SYSTEMS SUPPORT........... 210,692 210,692
060 AIRCRAFT DEPOT MAINTENANCE.... 170,580 170,580
070 AIRCRAFT DEPOT OPERATIONS 5,854 5,854
SUPPORT......................
080 AVIATION LOGISTICS............ 33,707 33,707
090 MISSION AND OTHER SHIP 5,817,696 5,817,696
OPERATIONS...................
100 SHIP OPERATIONS SUPPORT & 20,741 20,741
TRAINING.....................
110 SHIP DEPOT MAINTENANCE........ 2,072,470 2,072,470
130 COMBAT COMMUNICATIONS AND 59,254 59,254
ELECTRONIC WARFARE...........
140 SPACE SYSTEMS AND SURVEILLANCE 18,000 18,000
150 WARFARE TACTICS............... 17,324 17,324
160 OPERATIONAL METEOROLOGY AND 22,581 22,581
OCEANOGRAPHY.................
170 COMBAT SUPPORT FORCES......... 772,441 1,322,441
Transfer from base........ [550,000]
180 EQUIPMENT MAINTENANCE AND 5,788 5,788
DEPOT OPERATIONS SUPPORT.....
200 COMBATANT COMMANDERS DIRECT 24,800 24,800
MISSION SUPPORT..............
220 CYBERSPACE ACTIVITIES......... 369 369
240 WEAPONS MAINTENANCE........... 567,247 567,247
250 OTHER WEAPON SYSTEMS SUPPORT.. 12,571 12,571
270 SUSTAINMENT, RESTORATION AND 70,041 70,041
MODERNIZATION................
280 BASE OPERATING SUPPORT........ 218,792 218,792
SUBTOTAL OPERATING FORCES. 10,521,682 11,450,476
MOBILIZATION
320 EXPEDITIONARY HEALTH SERVICES 22,589 22,589
SYSTEMS......................
SUBTOTAL MOBILIZATION..... 22,589 22,589
TRAINING AND RECRUITING
370 SPECIALIZED SKILL TRAINING.... 53,204 53,204
SUBTOTAL TRAINING AND 53,204 53,204
RECRUITING................
ADMIN & SRVWD ACTIVITIES
440 ADMINISTRATION................ 9,983 9,983
460 MILITARY MANPOWER AND 7,805 7,805
PERSONNEL MANAGEMENT.........
480 SERVICEWIDE TRANSPORTATION.... 72,097 72,097
510 ACQUISITION, LOGISTICS, AND 11,354 11,354
OVERSIGHT....................
520 INVESTIGATIVE AND SECURITY 1,591 1,591
SERVICES.....................
[[Page H3297]]
SUBTOTAL ADMIN & SRVWD 102,830 102,830
ACTIVITIES................
TOTAL OPERATION & 10,700,305 11,629,099
MAINTENANCE, NAVY........
OPERATION & MAINTENANCE,
MARINE CORPS
OPERATING FORCES
010 OPERATIONAL FORCES............ 727,989 1,127,989
Transfer from base........ [400,000]
020 FIELD LOGISTICS............... 195,001 195,001
030 DEPOT MAINTENANCE............. 55,183 55,183
050 CYBERSPACE ACTIVITIES......... 10,000 10,000
070 BASE OPERATING SUPPORT........ 24,569 24,569
SUBTOTAL OPERATING FORCES. 1,012,742 1,412,742
TRAINING AND RECRUITING
120 TRAINING SUPPORT.............. 28,458 28,458
SUBTOTAL TRAINING AND 28,458 28,458
RECRUITING................
ADMIN & SRVWD ACTIVITIES
160 SERVICEWIDE TRANSPORTATION.... 61,400 61,400
SUBTOTAL ADMIN & SRVWD 61,400 61,400
ACTIVITIES................
TOTAL OPERATION & 1,102,600 1,502,600
MAINTENANCE, MARINE CORPS
OPERATION & MAINTENANCE, NAVY
RES
OPERATING FORCES
020 INTERMEDIATE MAINTENANCE...... 522 522
030 AIRCRAFT DEPOT MAINTENANCE.... 11,861 11,861
080 COMBAT SUPPORT FORCES......... 9,109 9,109
SUBTOTAL OPERATING FORCES. 21,492 21,492
TOTAL OPERATION & 21,492 21,492
MAINTENANCE, NAVY RES....
OPERATION & MAINTENANCE, MC
RESERVE
OPERATING FORCES
010 OPERATING FORCES.............. 7,627 7,627
040 BASE OPERATING SUPPORT........ 1,080 1,080
SUBTOTAL OPERATING FORCES. 8,707 8,707
TOTAL OPERATION & 8,707 8,707
MAINTENANCE, MC RESERVE..
OPERATION & MAINTENANCE, AIR
FORCE
OPERATING FORCES
010 PRIMARY COMBAT FORCES......... 125,551 125,551
020 COMBAT ENHANCEMENT FORCES..... 916,538 978,538
MQ-9 government owned- [62,000]
contractor operated combat
line operations in U.S.
Central Command...........
030 AIR OPERATIONS TRAINING (OJT, 93,970 93,970
MAINTAIN SKILLS).............
040 DEPOT PURCHASE EQUIPMENT 3,528,059 3,528,059
MAINTENANCE..................
050 FACILITIES SUSTAINMENT, 147,264 147,264
RESTORATION & MODERNIZATION..
060 CYBERSPACE SUSTAINMENT........ 10,842 10,842
070 CONTRACTOR LOGISTICS SUPPORT 7,187,100 7,187,100
AND SYSTEM SUPPORT...........
080 FLYING HOUR PROGRAM........... 2,031,548 2,031,548
090 BASE SUPPORT.................. 1,540,444 1,478,444
Program decrease.......... [-62,000]
100 GLOBAL C3I AND EARLY WARNING.. 13,709 13,709
110 OTHER COMBAT OPS SPT PROGRAMS. 345,800 592,130
Realignment from Base to [246,330]
OCO.......................
120 CYBERSPACE ACTIVITIES......... 17,936 17,936
130 TACTICAL INTEL AND OTHER 36,820 36,820
SPECIAL ACTIVITIES...........
140 LAUNCH FACILITIES............. 70 70
150 SPACE CONTROL SYSTEMS......... 1,450 1,450
160 US NORTHCOM/NORAD............. 725 725
170 US STRATCOM................... 856 856
180 US CYBERCOM................... 35,189 35,189
190 US CENTCOM.................... 126,934 126,934
SUBTOTAL OPERATING FORCES. 16,160,805 16,407,135
MOBILIZATION
240 AIRLIFT OPERATIONS............ 1,271,439 1,511,439
Realignment from Base to [240,000]
OCO.......................
250 MOBILIZATION PREPAREDNESS..... 120,866 120,866
SUBTOTAL MOBILIZATION..... 1,392,305 1,632,305
TRAINING AND RECRUITING
260 OFFICER ACQUISITION........... 200 200
270 RECRUIT TRAINING.............. 352 352
290 SPECIALIZED SKILL TRAINING.... 27,010 27,010
300 FLIGHT TRAINING............... 844 844
310 PROFESSIONAL DEVELOPMENT 1,199 1,199
EDUCATION....................
320 TRAINING SUPPORT.............. 1,320 1,320
SUBTOTAL TRAINING AND 30,925 30,925
RECRUITING................
[[Page H3298]]
ADMIN & SRVWD ACTIVITIES
380 LOGISTICS OPERATIONS.......... 164,701 164,701
390 TECHNICAL SUPPORT ACTIVITIES.. 11,782 11,782
400 ADMINISTRATION................ 3,886 3,886
410 SERVICEWIDE COMMUNICATIONS.... 355 355
420 OTHER SERVICEWIDE ACTIVITIES.. 100,831 100,831
450 INTERNATIONAL SUPPORT......... 29,928 29,928
455 CLASSIFIED PROGRAMS........... 34,502 34,502
SUBTOTAL ADMIN & SRVWD 345,985 345,985
ACTIVITIES................
TOTAL OPERATION & 17,930,020 18,416,350
MAINTENANCE, AIR FORCE...
OPERATION & MAINTENANCE, SPACE
FORCE
OPERATING FORCES
020 GLOBAL C3I & EARLY WARNING.... 227 227
030 SPACE LAUNCH OPERATIONS....... 321 321
040 SPACE OPERATIONS.............. 15,135 15,135
070 DEPOT MAINTENANCE............. 18,268 18,268
080 CONTRACTOR LOGISTICS & SYSTEM 43,164 43,164
SUPPORT......................
SUBTOTAL OPERATING FORCES. 77,115 77,115
TOTAL OPERATION & 77,115 77,115
MAINTENANCE, SPACE FORCE.
OPERATION & MAINTENANCE, AF
RESERVE
OPERATING FORCES
030 DEPOT PURCHASE EQUIPMENT 24,408 24,408
MAINTENANCE..................
060 BASE SUPPORT.................. 5,682 5,682
SUBTOTAL OPERATING FORCES. 30,090 30,090
TOTAL OPERATION & 30,090 30,090
MAINTENANCE, AF RESERVE..
OPERATION & MAINTENANCE, ANG
OPERATING FORCES
020 MISSION SUPPORT OPERATIONS.... 3,739 3,739
030 DEPOT PURCHASE EQUIPMENT 61,862 61,862
MAINTENANCE..................
050 CONTRACTOR LOGISTICS SUPPORT 97,108 97,108
AND SYSTEM SUPPORT...........
060 BASE SUPPORT.................. 12,933 12,933
SUBTOTAL OPERATING FORCES. 175,642 175,642
TOTAL OPERATION & 175,642 175,642
MAINTENANCE, ANG.........
OPERATION AND MAINTENANCE,
DEFENSE-WIDE
OPERATING FORCES
010 JOINT CHIEFS OF STAFF......... 3,799 3,799
020 JOINT CHIEFS OF STAFF--CE2T2.. 6,634 6,634
040 SPECIAL OPERATIONS COMMAND 898,024 893,024
COMBAT DEVELOPMENT ACTIVITIES
Maritime Support Vessel... [-5,000]
060 SPECIAL OPERATIONS COMMAND 1,244,553 1,214,553
INTELLIGENCE.................
Program decrease.......... [-30,000]
070 SPECIAL OPERATIONS COMMAND 354,951 354,951
MAINTENANCE..................
090 SPECIAL OPERATIONS COMMAND 104,535 104,535
OPERATIONAL SUPPORT..........
100 SPECIAL OPERATIONS COMMAND 757,744 732,744
THEATER FORCES...............
Unjustified growth........ [-25,000]
SUBTOTAL OPERATING FORCES. 3,370,240 3,310,240
ADMIN & SRVWIDE ACTIVITIES
180 DEFENSE CONTRACT AUDIT AGENCY. 1,247 1,247
210 DEFENSE CONTRACT MANAGEMENT 21,723 21,723
AGENCY.......................
280 DEFENSE INFORMATION SYSTEMS 56,256 56,256
AGENCY.......................
290 DEFENSE INFORMATION SYSTEMS 3,524 3,524
AGENCY--CYBER................
330 DEFENSE LEGAL SERVICES AGENCY. 156,373 156,373
350 DEFENSE MEDIA ACTIVITY........ 3,555 9,555
Stars and Stripes......... [6,000]
370 DEFENSE SECURITY COOPERATION 1,557,763 1,337,763
AGENCY.......................
Program increase--security [30,000]
cooperation...............
Transfer to Ukraine [-250,000]
Security Assistance.......
410 DEFENSE THREAT REDUCTION 297,486 297,486
AGENCY.......................
490 OFFICE OF THE SECRETARY OF 16,984 16,984
DEFENSE......................
530 WASHINGTON HEADQUARTERS 1,997 1,997
SERVICES.....................
535 CLASSIFIED PROGRAMS........... 535,106 535,106
SUBTOTAL ADMIN & SRVWIDE 2,652,014 2,438,014
ACTIVITIES................
TOTAL OPERATION AND 6,022,254 5,748,254
MAINTENANCE, DEFENSE-WIDE
UKRAINE SECURITY ASSISTANCE
UKRAINE SECURITY ASSISTANCE
010 UKRAINE SECURITY ASSISTANCE 250,000
INITIATIVE...................
Transfer from Defense [250,000]
Security Cooperation
Agency....................
SUBTOTAL UKRAINE SECURITY 250,000
ASSISTANCE................
TOTAL UKRAINE SECURITY 250,000
ASSISTANCE...............
[[Page H3299]]
TOTAL OPERATION & 58,179,782 57,972,082
MAINTENANCE..............
------------------------------------------------------------------------
TITLE XLIV--MILITARY PERSONNEL
SEC. 4401. MILITARY PERSONNEL.
------------------------------------------------------------------------
SEC. 4401. MILITARY PERSONNEL (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 House
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations..... 150,524,104 149,384,304
Historical unobligated balances....... -924,000
Foreign Currency adjustments.......... -169,800
Standardization of payment of 50,000
hazardous duty incentive pay.........
Program decrease--Marine Corps........ -96,000
Medicare-Eligible Retiree Health Fund 8,372,741 8,372,741
Contributions........................
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4402. MILITARY PERSONNEL FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 House
Item Request Authorized
------------------------------------------------------------------------
Military Personnel Appropriations....... 4,602,593 4,602,593
------------------------------------------------------------------------
TITLE XLV--OTHER AUTHORIZATIONS
SEC. 4501. OTHER AUTHORIZATIONS.
------------------------------------------------------------------------
SEC. 4501. OTHER AUTHORIZATIONS (In Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 House
Item Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
ARMY ARSENALS INITIATIVE................ 32,551 32,551
ARMY SUPPLY MANAGEMENT.................. 24,166 24,166
TOTAL WORKING CAPITAL FUND, ARMY..... 56,717 56,717
WORKING CAPITAL FUND, AIR FORCE
WORKING CAPITAL FUND
WORKING CAPITAL FUND.................... 95,712 95,712
TOTAL WORKING CAPITAL FUND, AIR FORCE 95,712 95,712
WORKING CAPITAL FUND, DEFENSE-WIDE
WORKING CAPITAL FUND SUPPORT
WORKING CAPITAL FUND SUPPORT............ 49,821 49,821
TOTAL WORKING CAPITAL FUND, DEFENSE- 49,821 49,821
WIDE.................................
WORKING CAPITAL FUND, DECA
WORKING CAPITAL FUND SUPPORT............ 1,146,660 1,146,660
TOTAL WORKING CAPITAL FUND, DECA..... 1,146,660 1,146,660
NATIONAL DEFENSE SEALIFT FUND
SEALIFT RECAPITALIZATION................ 170,000
Accelerate design of a commercial- [50,000]
based sealift ship.................
Transfer from OMN-300 for [120,000]
acquisition of four used sealift
vessels............................
SHIP PREPOSITIONING AND SURGE........... 314,193
Transfer from OMN-290.............. [314,193]
EXPEDITIONARY HEALTH SERVICES........... 57,212
Transfer from OMN-320.............. [57,212]
TOTAL NATIONAL DEFENSE SEALIFT FUND.. 541,405
CHEM AGENTS & MUNITIONS DESTRUCTION
CHEM DEMILITARIZATION--O&M.............. 106,691 101,691
Program decrease................... [-5,000]
CHEM DEMILITARIZATION--RDT&E............ 782,193 774,193
Program decrease................... [-8,000]
CHEM DEMILITARIZATION--PROC............. 616 616
TOTAL CHEM AGENTS & MUNITIONS 889,500 876,500
DESTRUCTION..........................
DRUG INTERDICTION & CTR-DRUG ACTIVITIES,
DEF
COUNTER-NARCOTICS SUPPORT............... 546,203 546,203
DRUG DEMAND REDUCTION PROGRAM........... 123,704 123,704
NATIONAL GUARD COUNTER-DRUG PROGRAM..... 94,211 94,211
NATIONAL GUARD COUNTER-DRUG SCHOOLS..... 5,511 5,511
TOTAL DRUG INTERDICTION & CTR-DRUG 769,629 769,629
ACTIVITIES, DEF......................
[[Page H3300]]
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL......... 368,279 384,536
Additional oversight of coronavirus [16,257]
relief.............................
OFFICE OF THE INSPECTOR GENERAL--CYBER
OFFICE OF THE INSPECTOR GENERAL--CYBER.. 1,204 1,204
OFFICE OF THE INSPECTOR GENERAL--RDTE... 1,098 1,098
OFFICE OF THE INSPECTOR GENERAL-- 858 858
PROCUREMENT............................
TOTAL OFFICE OF THE INSPECTOR GENERAL 371,439 387,696
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE........................... 9,560,564 9,565,564
Program decrease................... [-31,000]
Reverse DWR savings from downsizing [36,000]
MTFs...............................
PRIVATE SECTOR CARE..................... 15,841,887 15,841,887
CONSOLIDATED HEALTH SUPPORT............. 1,338,269 1,348,269
Global Emerging Infectious [10,000]
Surveillance Program...............
INFORMATION MANAGEMENT.................. 2,039,910 2,039,910
MANAGEMENT ACTIVITIES................... 330,627 330,627
EDUCATION AND TRAINING.................. 315,691 341,691
Health Professions Scholarship [10,000]
Program............................
Restoring funding for Tri-Service [6,000]
Nursing Research Program within
USUHS..............................
Reverse DWR cuts to USUHS.......... [10,000]
BASE OPERATIONS/COMMUNICATIONS.......... 1,922,605 1,927,605
Medical Surge Partnership Pilot.... [5,000]
R&D RESEARCH............................ 8,913 8,913
R&D EXPLORATRY DEVELOPMENT.............. 73,984 73,984
R&D ADVANCED DEVELOPMENT................ 225,602 225,602
R&D DEMONSTRATION/VALIDATION............ 132,331 132,331
R&D ENGINEERING DEVELOPMENT............. 55,748 70,748
Freeze-dried platelets............. [15,000]
R&D MANAGEMENT AND SUPPORT.............. 48,672 48,672
R&D CAPABILITIES ENHANCEMENT............ 17,215 17,215
PROC INITIAL OUTFITTING................. 22,932 22,932
PROC REPLACEMENT & MODERNIZATION........ 215,618 215,618
PROC MILITARY HEALTH SYSTEM--DESKTOP TO 70,872 70,872
DATACENTER.............................
PROC DOD HEALTHCARE MANAGEMENT SYSTEM 308,504 308,504
MODERNIZATION..........................
SOFTWARE & DIGITAL TECHNOLOGY PILOT 160,428 160,428
PROGRAMS...............................
UNDISTRIBUTED........................... -9,800
Foreign Currency adjustments....... [-9,800]
TOTAL DEFENSE HEALTH PROGRAM......... 32,690,372 32,741,572
TOTAL OTHER AUTHORIZATIONS........... 36,069,850 36,665,712
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY
OPERATIONS.
------------------------------------------------------------------------
SEC. 4502. OTHER AUTHORIZATIONS FOR OVERSEAS CONTINGENCY OPERATIONS (In
Thousands of Dollars)
-------------------------------------------------------------------------
FY 2021 House
Item Request Authorized
------------------------------------------------------------------------
WORKING CAPITAL FUND, ARMY
ARMY ARSENALS INITIATIVE
ARMY SUPPLY MANAGEMENT...................... 20,090 20,090
TOTAL WORKING CAPITAL FUND, ARMY......... 20,090 20,090
OFFICE OF THE INSPECTOR GENERAL
OFFICE OF THE INSPECTOR GENERAL............. 24,069 24,069
TOTAL OFFICE OF THE INSPECTOR GENERAL.... 24,069 24,069
DEFENSE HEALTH PROGRAM
IN-HOUSE CARE............................... 65,072 65,072
PRIVATE SECTOR CARE......................... 296,828 296,828
CONSOLIDATED HEALTH SUPPORT................. 3,198 3,198
TOTAL DEFENSE HEALTH PROGRAM............. 365,098 365,098
TOTAL OTHER AUTHORIZATIONS............... 409,257 409,257
------------------------------------------------------------------------
TITLE XLVI--MILITARY CONSTRUCTION
SEC. 4601. MILITARY CONSTRUCTION.
----------------------------------------------------------------------------------------------------------------
SEC. 4601. MILITARY CONSTRUCTION (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2021 House
Account Installation Project Title Request Agreement
----------------------------------------------------------------------------------------------------------------
Alaska
[[Page H3301]]
Army Fort Wainwright Child Development Center.. 0 32,500
Army Fort Wainwright Unaccompanied Enlisted 0 59,000
Personnel Housing.
Arizona
Army Yuma Proving Ground Ready Building............ 14,000 14,000
Colorado
Army Fort Carson, Colorado Physical Fitness Facility. 28,000 28,000
Georgia
Army Fort Gillem Forensic Laboratory....... 71,000 71,000
Army Fort Gordon Adv Individual Training 80,000 80,000
Barracks Cplx, Ph3.
Hawaii
Army Fort Shafter Child Development Center-- 0 26,000
School Age.
Army Schofield Barracks Child Development Center.. 0 39,000
Army Wheeler Army Air Field Aircraft Maintenance 89,000 89,000
Hangar.
Louisiana
Army Fort Polk, Louisiana Information Systems 25,000 25,000
Facility.
Oklahoma
Army McAlester AAP Ammunition Demolition Shop 35,000 35,000
Pennsylvania
Army Carlisle Barracks General Instruction 38,000 0
Building, Incr2.
South Carolina
Army Fort Jackson Trainee Barracks Complex 0 7,000
3, Ph2.
Virginia
Army Humphreys Engineer Training Support Facility. 51,000 51,000
Center
Worldwide Unspecified
Army Unspecified Worldwide Host Nation Support....... 39,000 39,000
Locations
Army Unspecified Worldwide Planning and Design....... 129,436 69,436
Locations
Army Unspecified Worldwide Unspecified Minor 50,900 50,900
Locations Construction.
........................
Military Construction, Army Total 650,336 715,836
......................
Arizona
Navy Yuma Bachelor Enlisted Quarters 0 59,600
Replacement.
Bahrain Island
Navy SW Asia Ship to Shore Utility 68,340 68,340
Services.
California
Navy Camp Pendleton, 1st MARDIV Operations 68,530 68,530
California Complex.
Navy Camp Pendleton, I MEF Consolidated 37,000 37,000
California Information Center (Inc).
Navy Lemoore F-35C Hangar 6 Phase 2 128,070 98,070
(Mod 3/4).
Navy Lemoore F-35C Simulator Facility & 59,150 59,150
Electrical Upgrade.
Navy San Diego Pier 6 Replacement........ 128,500 98,500
Navy Twentynine Palms, Wastewater Treatment Plant 76,500 76,500
California
Greece
Navy Souda Bay Communication Center...... 50,180 50,180
Guam
Navy Andersen AFB Ordnance Operations Admin. 21,280 21,280
Navy Joint Region Marianas Bachelor Enlisted Quarters 80,000 0
H (Inc).
Navy Joint Region Marianas Base Warehouse............ 55,410 55,410
Navy Joint Region Marianas Central Fuel Station...... 35,950 35,950
Navy Joint Region Marianas Central Issue Facility.... 45,290 45,290
Navy Joint Region Marianas Combined EOD Facility..... 37,600 37,600
Navy Joint Region Marianas DAR Bridge Improvements... 40,180 40,180
Navy Joint Region Marianas DAR Road Strengthening.... 70,760 70,760
Navy Joint Region Marianas Distribution Warehouse.... 77,930 77,930
Navy Joint Region Marianas Individual Combat Skills 17,430 17,430
Training.
Navy Joint Region Marianas Joint Communication 166,000 22,000
Upgrade.
Hawaii
Navy Joint Base Pearl Waterfront Improve, 48,990 48,990
Harbor-Hickam Wharves S1,S11-13,S20-21.
Navy Joint Base Pearl Waterfront Improvements 65,910 65,910
Harbor-Hickam Wharves S8-S10.
Japan
Navy Yokosuka Pier 5 (Berths 2 and 3) 74,692 0
(Inc).
Maine
Navy Kittery Multi-Mission Drydock #1 160,000 160,000
Exten., Ph 1 (Inc).
Nevada
Navy Fallon Range Training Complex, 29,040 29,040
Phase 1.
North Carolina
Navy Camp Lejeune, North II MEF Operations Center 20,000 20,000
Carolina Replacement (Inc).
Spain
Navy Rota MH-60r Squadron Support 60,110 60,110
Facilities.
Virginia
Navy Norfolk E-2D Training Facility.... 30,400 30,400
Navy Norfolk MH60 & CMV-22B Corrosion 17,671 17,671
Control & Paint Fac.
Worldwide Unspecified
Navy Unspecified Worldwide Planning & Design......... 165,710 160,710
Locations
Navy Unspecified Worldwide Planning & Design--Indo- 0 5,000
Locations Pacific Command Posture
Initiatives.
Navy Unspecified Worldwide Unspecified Minor 38,983 38,983
Locations Construction.
........................
[[Page H3302]]
Military Construction, Navy Total 1,975,606 1,676,514
......................
California
AF Edwards AFB Flight Test Engineering 0 40,000
Laboratory Complex.
Colorado
AF Schriever AFB Consolidated Space 88,000 88,000
Operations Facility, Inc
2.
Florida
AF Eglin Advanced Munitions 0 35,000
Technology Complex.
Guam
AF Joint Region Marianas Stand Off Weapons Complex, 56,000 56,000
MSA 2.
Illinois
AF Scott Add/Alter Consolidated 0 3,000
Communications Facility.
Mariana Islands
AF Tinian Airfield Development Phase 20,000 0
1, Inc 2.
AF Tinian Fuel Tanks With Pipeline & 7,000 0
Hydrant Sys, Inc 2.
AF Tinian Parking Apron, Inc 2...... 15,000 0
Maryland
AF Joint Base Andrews Consolidated 0 13,000
Communications Center.
Montana
AF Malmstrom AFB Weapons Storage & 25,000 0
Maintenance Facility, Inc
2.
New Jersey
AF Joint Base McGuire-Dix- Munitions Storage Area.... 22,000 22,000
Lakehurst
Qatar
AF Al Udeid, Qatar Cargo Marshalling Yard.... 26,000 26,000
Texas
AF Joint Base San Antonio BMT Recruit Dormitory 8, 36,000 36,000
Inc 2.
AF Joint Base San Antonio T-X ADAL Ground Based Trng 19,500 19,500
Sys Sim.
Utah
AF Hill AFB GBSD Mission Integration 68,000 68,000
Facility, Inc 2.
Virginia
AF Joint Base Langley- Access Control Point Main 19,500 19,500
Eustis Gate With Land Acq.
Worldwide Unspecified
AF Unspecified Worldwide Planning & Design......... 296,532 149,649
Locations
AF Unspecified Worldwide Planning & Design--Indo- 0 5,000
Locations Pacific Command Posture
Initiatives.
AF Unspecified Worldwide Unspecified Minor 68,600 68,600
Locations Construction.
Wyoming
AF FE Warren Weapons Storage Facility.. 0 12,000
........................
Military Construction, Air Force Total 767,132 661,249
......................
Alabama
Def-Wide Anniston Army Depot Demilitarization Facility. 18,000 18,000
Def-Wide Fort Rucker Construct 10mw Generation 0 24,000
& Microgrid.
Alaska
Def-Wide Fort Greely Communications Center..... 48,000 48,000
Arizona
Def-Wide Fort Huachuca Laboratory Building....... 33,728 33,728
Def-Wide Yuma SOF Hangar................ 49,500 49,500
Arkansas
Def-Wide Fort Smith ANG PV Arrays and Battery 0 2,600
Storage.
California
Def-Wide Beale AFB Bulk Fuel Tank............ 22,800 22,800
Def-Wide Marine Corps Air Install 10 Mw Battery 11,646 11,646
Combat Center / Energy Storage for
Twenty Nine Palms Various Buildings.
Def-Wide Military Ocean Military Oceal Terminal 29,000 29,000
Terminal Concord Microgrid.
Def-Wide NAWS China Lake Solar Energy Storage 0 8,950
System.
Def-Wide NSA Monterey Cogeneration Plant at B236 10,540 10,540
Colorado
Def-Wide Fort Carson, Colorado SOF Tactical Equipment 15,600 15,600
Maintenance Facility.
Conus Unspecified
Def-Wide Conus Unspecified Training Target Structure. 14,400 14,400
District of Columbia
Def-Wide Joint Base Anacostia Industrial Controls System 0 8,749
Bolling Modernization.
Def-Wide Joint Base Anacostia Industrial Controls System 10,343 10,343
Bolling Modernization.
Def-Wide Joint Base Anacostia PV Carports............... 0 25,221
Bolling
Florida
Def-Wide Hurlburt Field SOF Combat Aircraft 38,310 38,310
Parking Apron-North.
Def-Wide Hurlburt Field SOF Special Tactics Ops 44,810 44,810
Facility (23 STS).
Georgia
Def-Wide Fort Benning Construct 4.8mw Generation 0 17,000
& Microgrid.
Germany
Def-Wide Rhine Ordnance Medical Center Replacement 200,000 200,000
Barracks Inc 9.
Italy
Def-Wide NSA Naples Smart Grid--NSA Naples.... 3,490 3,490
Japan
Def-Wide Def Fuel Support Point Fuel Wharf................ 49,500 49,500
Tsurumi
Def-Wide Yokosuka Kinnick High School Inc... 30,000 0
Kentucky
[[Page H3303]]
Def-Wide Fort Knox Van Voorhis Elementary 69,310 69,310
School.
Maryland
Def-Wide Bethesda Naval MEDCEN Addition/Alteration 180,000 100,000
Hospital Incr 4.
Def-Wide Fort Meade NSAW Recapitalize Building 250,000 250,000
#3 Inc.
Def-Wide NSA Bethesda Nsab-16 Replace Chillers 3 0 13,840
Through 9.
Def-Wide NSA South Potomac CBIRF/IHEODTD/Housing 18,460 18,460
Potable Water.
Missouri
Def-Wide Fort Leonard Wood Hospital Replacement Inc 3 40,000 40,000
Def-Wide St Louis Next NGA West (N2W) 119,000 119,000
Complex Phase 2 Inc.
Def-Wide Whiteman AFB Install 10 Mw Combined 17,310 17,310
Heat and Power Plant.
Nevada
Def-Wide Creech AFB Central Standby Generators 32,000 32,000
New Mexico
Def-Wide Kirtland AFB Administrative Building... 46,600 46,600
North Carolina
Def-Wide Fort Bragg SOF Group Headquarters.... 53,100 53,100
Def-Wide Fort Bragg SOF Military Working Dog 17,700 17,700
Facility.
Def-Wide Fort Bragg SOF Operations Facility... 43,000 43,000
Def-Wide Fort Bragg SOTF Chilled Water Upgrade 0 6,100
Ohio
Def-Wide Wright-Patterson AFB Construct Intelligence 0 35,000
Facility Central Utility
Plant.
Def-Wide Wright-Patterson AFB Hydrant Fuel System....... 23,500 23,500
Tennessee
Def-Wide Memphis ANG PV Arrays and Battery 0 4,780
Storage.
Texas
Def-Wide Fort Hood, Texas Fuel Facilities........... 32,700 32,700
Virginia
Def-Wide Joint Expeditionary SOF Dcs Operations Fac. 54,500 54,500
Base Little Creek-- and Command Center.
Story
Def-Wide Joint Expeditionary SOF NSWG-2 Nswtg Css 58,000 58,000
Base Little Creek-- Facilities.
Story
Def-Wide Nmc Portsmouth / Retrofit Air Handling 611 611
Portsmouth Units From Constant
Volume Reheat to Variable
Air Volume.
Def-Wide Wallops Island Wallops Generation and 9,100 9,100
Distribution Resiliency
Improvements.
Washington
Def-Wide Joint Base Lewis- Fuel Facilities (Lewis 10,900 10,900
McChord Main).
Def-Wide Joint Base Lewis- Fuel Facilities (Lewis 10,900 10,900
McChord North).
Def-Wide Manchester Bulk Fuel Storage Tanks 82,000 82,000
Phase 1.
Worldwide Unspecified
Def-Wide Unspecified Worldwide ERCIP Design.............. 14,250 24,250
Locations
Def-Wide Unspecified Worldwide Exercise Related Minor 5,840 5,840
Locations Construction.
Def-Wide Unspecified Worldwide Planning and Design....... 48,696 48,696
Locations
Def-Wide Unspecified Worldwide Unspecified Minor 53,620 53,620
Locations Construction.
Def-Wide Various Worldwide Planning and Design....... 97,030 97,030
Locations
Def-Wide Various Worldwide Unspecified Minor 9,726 9,726
Locations Construction.
........................
Military Construction, Defense-Wide Total 2,027,520 2,073,760
......................
Worldwide Unspecified
NATO NATO Security NATO Security Investment 173,030 173,030
Investment Program Program.
........................
NATO Security Investment Program Total 173,030 173,030
......................
Arizona
Army NG Tucson National Guard Readiness 18,100 18,100
Center.
Colorado
Army NG Peterson AFB National Guard Readiness 15,000 15,000
Center.
Indiana
Army NG Shelbyville National Guard/Reserve 12,000 12,000
Center Building Add/Al.
Kentucky
Army NG Frankfort National Guard/Reserve 15,000 15,000
Center Building.
Mississippi
Army NG Brandon National Guard Vehicle 10,400 10,400
Maintenance Shop.
Nebraska
Army NG North Platte National Guard Vehicle 9,300 9,300
Maintenance Shop.
New Jersey
Army NG Joint Base McGuire-Dix- National Guard Readiness 15,000 15,000
Lakehurst Center.
Ohio
Army NG Columbus National Guard Readiness 15,000 15,000
Center.
Oregon
Army NG Hermiston Enlisted Barracks, 9,300 25,035
Transient Training.
Puerto Rico
Army NG Fort Allen National Guard Readiness 37,000 37,000
Center.
South Carolina
Army NG Joint Base Charleston National Guard Readiness 15,000 15,000
Center.
Tennessee
[[Page H3304]]
Army NG Mcminnville National Guard Readiness 11,200 11,200
Center.
Texas
Army NG Fort Worth Aircraft Maintenance 6,000 6,000
Hangar Addition/Alt.
Army NG Fort Worth National Guard Vehicle 7,800 7,800
Maintenance Shop.
Utah
Army NG Nephi National Guard Readiness 12,000 12,000
Center.
Virgin Islands
Army NG St. Croix Army Aviation Support 28,000 28,000
Facility (Aasf).
Army NG St. Croix CST Ready Building........ 11,400 11,400
Wisconsin
Army NG Appleton National Guard Readiness 11,600 11,600
Center Add/Alt.
Worldwide Unspecified
Army NG Unspecified Worldwide Planning and Design....... 29,593 29,593
Locations
Army NG Unspecified Worldwide Unspecified Minor 32,744 32,744
Locations Construction.
........................
Military Construction, Army National Guard Total 321,437 337,172
......................
Florida
Army Res Gainesville ECS TEMF/Warehouse........ 36,000 36,000
Massachusetts
Army Res Devens Reserve Forces Automated Multipurpose 8,700 8,700
Training Area Machine Gun Range.
North Carolina
Army Res Asheville Army Reserve Center/Land.. 24,000 24,000
Wisconsin
Army Res Fort McCoy Scout Reconnaissance Range 14,600 14,600
Army Res Fort McCoy Transient Trainee Barracks 0 2,500
Worldwide Unspecified
Army Res Unspecified Worldwide Planning and Design....... 1,218 1,218
Locations
Army Res Unspecified Worldwide Unspecified Minor 3,819 3,819
Locations Construction.
........................
Military Construction, Army Reserve Total 88,337 90,837
......................
Maryland
N/MC Res Reisterstown Reserve Training Center, 39,500 39,500
Camp Fretterd, MD.
Utah
N/MC Res Hill AFB Naval Operational Support 25,010 25,010
Center.
Worldwide Unspecified
N/MC Res Unspecified Worldwide MCNR Minor Construction... 3,000 3,000
Locations
N/MC Res Unspecified Worldwide MCNR Planning & Design.... 3,485 3,485
Locations
........................
Military Construction, Naval Reserve Total 70,995 70,995
......................
Alabama
Air NG Montgomery Regional F-35 Simulator Facility... 11,600 11,600
Airport (ANG) Base
Guam
Air NG Joint Region Marianas Space Control Facility #5. 20,000 20,000
Maryland
Air NG Joint Base Andrews F-16 Mission Training 9,400 9,400
Center.
Texas
Air NG Joint Base San Antonio F-16 Mission Training 10,800 10,800
Center.
Worldwide Unspecified
Air NG Unspecified Worldwide Unspecified Minor 9,000 9,000
Locations Construction.
Air NG Various Worldwide Planning and Design....... 3,414 3,414
Locations
........................
Military Construction, Air National Guard Total 64,214 64,214
......................
Texas
AF Res Fort Worth F-35A Simulator Facility.. 14,200 14,200
Worldwide Unspecified
AF Res Unspecified Worldwide Planning & Design......... 3,270 3,270
Locations
AF Res Unspecified Worldwide Unspecified Minor 5,647 5,647
Locations Construction.
........................
Military Construction, Air Force Reserve Total 23,117 23,117
......................
Italy
FH Con Army Vicenza Family Housing New 84,100 84,100
Construction.
Kwajalein
FH Con Army Kwajalein Atoll Family Housing Replacement 32,000 32,000
Construction.
Worldwide Unspecified
[[Page H3305]]
FH Con Army Unspecified Worldwide Family Housing P & D...... 3,300 3,300
Locations
........................
Family Housing Construction, Army Total 119,400 119,400
......................
Worldwide Unspecified
FH Ops Army Unspecified Worldwide Furnishings............... 18,004 18,004
Locations
FH Ops Army Unspecified Worldwide Housing Privitization 37,948 62,948
Locations Support.
FH Ops Army Unspecified Worldwide Leasing................... 123,841 123,841
Locations
FH Ops Army Unspecified Worldwide Maintenance............... 97,789 97,789
Locations
FH Ops Army Unspecified Worldwide Management................ 39,716 39,716
Locations
FH Ops Army Unspecified Worldwide Miscellaneous............. 526 526
Locations
FH Ops Army Unspecified Worldwide Services.................. 8,135 8,135
Locations
FH Ops Army Unspecified Worldwide Utilities................. 41,183 41,183
Locations
........................
Family Housing Operation And Maintenance, Army Total 367,142 392,142
......................
Worldwide Unspecified
FH Con Navy Unspecified Worldwide Construction Improvements. 37,043 37,043
Locations
FH Con Navy Unspecified Worldwide Planning & Design......... 3,128 3,128
Locations
FH Con Navy Unspecified Worldwide USMC DPRI/Guam Planning 2,726 2,726
Locations and Design.
........................
Family Housing Construction, Navy And Marine Corps Total 42,897 42,897
......................
Worldwide Unspecified
FH Ops Navy Unspecified Worldwide Furnishings............... 17,977 17,977
Locations
FH Ops Navy Unspecified Worldwide Housing Privatization 53,700 78,700
Locations Support.
FH Ops Navy Unspecified Worldwide Leasing................... 62,658 62,658
Locations
FH Ops Navy Unspecified Worldwide Maintenance............... 85,630 110,630
Locations
FH Ops Navy Unspecified Worldwide Management................ 51,006 51,006
Locations
FH Ops Navy Unspecified Worldwide Miscellaneous............. 350 350
Locations
FH Ops Navy Unspecified Worldwide Services.................. 16,743 16,743
Locations
FH Ops Navy Unspecified Worldwide Utilities................. 58,429 58,429
Locations
........................
Family Housing Operation And Maintenance, Navy And Marine Corps Total 346,493 396,493
......................
Worldwide Unspecified
FH Con AF Unspecified Worldwide Construction Improvements. 94,245 94,245
Locations
FH Con AF Unspecified Worldwide Planning & Design......... 2,969 2,969
Locations
........................
Family Housing Construction, Air Force Total 97,214 97,214
......................
Worldwide Unspecified
FH Ops AF Unspecified Worldwide Furnishings............... 25,805 25,805
Locations
FH Ops AF Unspecified Worldwide Housing Privatization..... 23,175 23,175
Locations
FH Ops AF Unspecified Worldwide Leasing................... 9,318 9,318
Locations
FH Ops AF Unspecified Worldwide Maintenance............... 140,666 165,666
Locations
FH Ops AF Unspecified Worldwide Management................ 64,732 99,732
Locations
FH Ops AF Unspecified Worldwide Miscellaneous............. 2,184 2,184
Locations
FH Ops AF Unspecified Worldwide Services.................. 7,968 7,968
Locations
FH Ops AF Unspecified Worldwide Utilities................. 43,173 43,173
Locations
........................
Family Housing Operation And Maintenance, Air Force Total 317,021 377,021
[[Page H3306]]
......................
Worldwide Unspecified
FH Ops DW Unspecified Worldwide Furnishings............... 727 727
Locations
FH Ops DW Unspecified Worldwide Leasing................... 49,856 49,856
Locations
FH Ops DW Unspecified Worldwide Maintenance............... 32 32
Locations
FH Ops DW Unspecified Worldwide Utilities................. 4,113 4,113
Locations
........................
Family Housing Operation And Maintenance, Defense-Wide Total 54,728 54,728
......................
Worldwide Unspecified
FHIF Unspecified Worldwide Administrative Expenses-- 5,897 5,897
Locations FHIF.
........................
DOD Family Housing Improvement Fund Total 5,897 5,897
......................
Worldwide Unspecified
UHIF Unspecified Worldwide Administrative Expenses-- 600 600
Locations UHIF.
........................
Unaccompanied Housing Improvement Fund Total 600 600
......................
Worldwide Unspecified
BRAC--Air Force Unspecified Worldwide DOD BRAC Activities--Air 109,222 109,222
Locations Force.
BRAC--Army Base Realignment & Base Realignment and 66,060 106,060
Closure, Army Closure.
BRAC--Navy Unspecified Worldwide Base Realignment & Closure 125,165 225,165
Locations
........................
Base Realignment and Closure--Total 300,447 440,447
......................
Total, Military Construction 7,813,563 7,813,563
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY
OPERATIONS.
----------------------------------------------------------------------------------------------------------------
SEC. 4602. MILITARY CONSTRUCTION FOR OVERSEAS CONTINGENCY OPERATIONS (In Thousands of Dollars)
-----------------------------------------------------------------------------------------------------------------
State/Country and FY 2021 House
Account Installation Project Title Request Agreement
----------------------------------------------------------------------------------------------------------------
Worldwide Unspecified
Army Unspecified Worldwide EDI: Minor Construction..... 3,970 3,970
Locations
Army Unspecified Worldwide EDI: Planning and Design.... 11,903 11,903
Locations
.........................
Military Construction, Army Total 15,873 15,873
.......................
Spain
Navy Rota EDI: EOD Boat Shop.......... 31,760 31,760
Navy Rota EDI: Expeditionary 27,470 27,470
Maintenance Facility.
Worldwide Unspecified
Navy Unspecified Worldwide Planning & Design........... 10,790 10,790
Locations
.........................
Military Construction, Navy Total 70,020 70,020
.......................
Germany
AF Ramstein EDI: Rapid Airfield Damage 36,345 36,345
Repair Storage.
AF Spangdahlem AB EDI: Rapid Airfield Damage 25,824 25,824
Repair Storage.
Romania
AF Campia Turzii EDI: Dangerous Cargo Pad.... 11,000 11,000
AF Campia Turzii EDI: ECAOS DABS-FEV Storage 68,000 68,000
Complex.
AF Campia Turzii EDI: Parking Apron.......... 19,500 19,500
AF Campia Turzii EDI: POL Increase Capacity.. 32,000 32,000
Worldwide Unspecified
AF Unspecified Worldwide EDI: Unspecified Minor 16,400 16,400
Locations Military Construction.
AF Various Worldwide EDI: Planning & Design...... 54,800 54,800
Locations
.........................
Military Construction, Air Force Total 263,869 263,869
.......................
Total, Military Construction 349,762 349,762
----------------------------------------------------------------------------------------------------------------
TITLE XLVII--DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS.
[[Page H3307]]
------------------------------------------------------------------------
SEC. 4701. DEPARTMENT OF ENERGY NATIONAL SECURITY PROGRAMS (In Thousands
of Dollars)
-------------------------------------------------------------------------
FY 2021 House
Program Request Authorized
------------------------------------------------------------------------
Discretionary Summary By Appropriation
Energy And Water Development, And Related
Agencies
Appropriation Summary:
Energy Programs
Nuclear Energy........................ 137,800 137,800
Atomic Energy Defense Activities
National nuclear security
administration:
Weapons activities.................. 15,602,000 15,602,000
Defense nuclear nonproliferation.... 2,031,000 2,111,000
Naval reactors...................... 1,684,000 1,684,000
Federal salaries and expenses....... 454,000 454,000
Total, National nuclear security 19,771,000 19,851,000
administration...........................
Environmental and other defense
activities:
Defense environmental cleanup....... 4,983,608 5,773,708
Other defense activities............ 1,054,727 899,289
Total, Environmental & other defense 6,038,335 6,672,997
activities...............................
Total, Atomic Energy Defense Activities... 25,809,335 26,523,997
Total, Discretionary Funding.............. 25,947,135 26,661,797
Nuclear Energy
Idaho sitewide safeguards and security.... 137,800 137,800
Total, Nuclear Energy..................... 137,800 137,800
Stockpile Management
Stockpile Major Modernization
B61-12 Life extension program......... 815,710 815,710
W88 Alt 370........................... 256,922 256,922
W80-4 Life extension program.......... 1,000,314 1,000,314
W87-1 Modification Program............ 541,000 541,000
W93................................... 53,000 53,000
Total, Stockpile Major Modernization...... 2,666,946 2,666,946
Stockpile services
Production Operations............... 568,941 568,941
Stockpile Sustainment............... 998,357 998,357
Weapons Dismantlement and 50,000 50,000
Disposition........................
Subtotal, Stockpile Services.............. 1,617,298 1,617,298
Total, Stockpile Management............... 4,284,244 4,284,244
Weapons Activities
Production Modernization
Primary Capability Modernization
Plutonium Modernization
Los Alamos Plutonium Modernization
Los Alamos Plutonium Operations... 610,599 610,599
21-D-512 Plutonium Pit Production 226,000 226,000
Project, LANL....................
Subtotal, Los Alamos Plutonium 836,599 836,599
Modernization............................
Savannah River Plutonium
Modernization
Savannah River Plutonium 200,000 200,000
Operations.......................
21-D-511 Savannah River Plutonium 241,896 241,896
Processing Facility, SRS.........
Subtotal, Savannah River Plutonium 441,896 441,896
Modernization............................
Enterprise Plutonium Support........ 90,782 90,782
Total, Plutonium Modernization............ 1,369,277 1,369,277
High Explosives and Energetics........ 67,370 67,370
Total, Primary Capability Modernization... 1,436,647 1,436,647
Secondary Capability Modernization...... 457,004 457,004
Tritium and Domestic Uranium Enrichment. 457,112 457,112
Non-Nuclear Capability Modernization.... 107,137 107,137
Total, Production Modernization........... 2,457,900 2,457,900
Stockpile Research, Technology, and
Engineering
Assessment Science...................... 773,111 773,111
Engineering and Integrated Assessments.. 337,404 337,404
Inertial Confinement Fusion............. 554,725 554,725
Advanced Simulation and Computing....... 732,014 732,014
Weapon Technology and Manufacturing 297,965 297,965
Maturation.............................
Academic Programs....................... 86,912 86,912
Total, Stockpile Research, Technology, and 2,782,131 2,782,131
Engineering..............................
Infrastructure and Operations
Operations of facilities................ 1,014,000 1,014,000
Safety and environmental operations..... 165,354 165,354
Maintenance and repair of facilities.... 792,000 792,000
Recapitalization:
Infrastructure and safety............. 670,000 670,000
Capability based investments.......... 149,117 149,117
Planning for Programmatic Construction 84,787 84,787
(Pre-CD-1)...........................
Total, Recapitalization................... 903,904 903,904
[[Page H3308]]
Construction:
21-D-510 HE Synthesis, Formulation, 31,000 31,000
and Production, PX...................
19-D-670 138kV Power Transmission 59,000 59,000
System Replacement, NNSS.............
18-D-690 Lithium Processing Facility, 109,405 109,405
Y-12.................................
18-D-620 Exascale Computing Facility 29,200 29,200
Modernization Project, LLNL..........
18-D-650 Tritium Finishing Facility, 27,000 27,000
SRS..................................
17-D-640, U1a Complex Enhancements 160,600 160,600
Project, NNSS........................
15-D-612 Emergency Operations Center, 27,000 27,000
LLNL.................................
15-D-611 Emergency Operations Center, 36,000 36,000
SNL..................................
15-D-302, TA-55 Reinvestments Project, 30,000 30,000
Phase 3, LANL........................
15-D-301, HE Science & Engineering 43,000 43,000
Facility, PX.........................
07-D-220-04 Transuranic Liquid Waste 36,687 36,687
Facility, LANL.......................
06-D-141 Uranium processing facility Y- 750,000 750,000
12, Oak Ridge, TN....................
04-D-125 Chemistry and Metallurgy 169,427 169,427
Research Replacement Project, LANL...
Total, Construction....................... 1,508,319 1,508,319
Total, Infrastructure and operations...... 4,383,577 4,383,577
Secure transportation asset
Operations and equipment................ 266,390 266,390
Program direction....................... 123,684 123,684
Total, Secure transportation asset........ 390,074 390,074
Defense Nuclear Security
Operations and maintenance.............. 815,895 815,895
Construction:
17-D-710 West end protected area 11,000 11,000
reduction project, Y-12..............
Total, Defense nuclear security........... 826,895 826,895
Information technology and cybersecurity.. 375,511 375,511
Legacy contractor pensions................ 101,668 101,668
Total, Weapons Activities................. 15,602,000 15,602,000
Defense Nuclear Nonproliferation
Defense Nuclear Nonproliferation Programs
Global material security
International nuclear security........ 66,391 66,391
Domestic radiological security........ 101,000 131,000
Container breach in Seattle, WA..... [30,000]
International radiological security... 73,340 73,340
Nuclear smuggling detection and 159,749 159,749
deterrence...........................
Total, Global material security........... 400,480 430,480
Material management and minimization
HEU reactor conversion................ 170,000 170,000
Nuclear material removal.............. 40,000 40,000
Material disposition.................. 190,711 190,711
Total, Material management & minimization. 400,711 400,711
Nonproliferation and arms control....... 138,708 138,708
National Technical Nuclear Forensics R&D 40,000 40,000
Defense nuclear nonproliferation R&D
Proliferation Detection............... 235,220 265,220
Nuclear verification and detection, [30,000]
next-gen technologies..............
Nuclear Detonation Detection.......... 236,531 236,531
Nonproliferation Stewardship Program.. 59,900 59,900
LEU Research and Development.......... 0 20,000
LEU R&D for Naval Pressurized Water [20,000]
Reactors...........................
Total, Defense nuclear nonproliferation 531,651 581,651
R&D......................................
Nonproliferation Construction:
18-D-150 Surplus Plutonium Disposition 148,589 148,589
Project, SRS.........................
Total, Nonproliferation construction...... 148,589 148,589
Total, Defense Nuclear Nonproliferation 1,660,139 1,740,139
Programs.................................
Legacy contractor pensions................ 14,348 14,348
Nuclear counterterrorism and incident 377,513 377,513
response program.........................
Use of Prior Year Balances................ -21,000 -21,000
Total, Defense Nuclear Nonproliferation... 2,031,000 2,111,000
Naval Reactors
Naval reactors development................ 590,306 590,306
Columbia-Class reactor systems development 64,700 64,700
S8G Prototype refueling................... 135,000 135,000
Naval reactors operations and 506,294 506,294
infrastructure...........................
Construction:
[[Page H3309]]
21-D-530 KL Steam and Condensate 4,000 4,000
Upgrades...............................
14-D-901 Spent fuel handling 330,000 330,000
recapitalization project, NRF..........
Total, Construction....................... 334,000 334,000
Program direction......................... 53,700 53,700
Total, Naval Reactors..................... 1,684,000 1,684,000
Federal Salaries And Expenses
Program direction......................... 454,000 454,000
Total, Office Of The Administrator........ 454,000 454,000
Defense Environmental Cleanup
Closure sites:
Closure sites administration............ 4,987 4,987
Richland:
River corridor and other cleanup 54,949 235,949
operations.............................
Program restoration................... [181,000]
Central plateau remediation............. 498,335 658,335
Program restoration................... [160,000]
Richland community and regulatory 2,500 10,100
support................................
Program restoration................... [7,600]
Total, Hanford site....................... 555,784 904,384
Office of River Protection:
Waste Treatment Immobilization Plant 50,000 50,000
Commissioning..........................
Rad liquid tank waste stabilization and 597,757 597,757
disposition............................
Tank farm activities.................... 0 180,000
Program restoration................... [180,000]
Construction:
18-D-16 Waste treatment and 609,924 779,924
immobilization plant--LBL/Direct feed
LAW..................................
Program restoration................. [170,000]
Total, Construction....................... 609,924 779,924
Total, Office of River Protection......... 1,257,681 1,607,681
Idaho National Laboratory:
Idaho cleanup and waste disposition..... 257,554 257,554
Idaho community and regulatory support.. 2,400 2,400
Total, Idaho National Laboratory.......... 259,954 259,954
NNSA sites and Nevada off-sites
Lawrence Livermore National Laboratory.. 1,764 1,764
Nuclear facility D & D
Separations Process Research Unit..... 15,000 15,000
Nevada................................ 60,737 60,737
Sandia National Laboratories.......... 4,860 4,860
Los Alamos National Laboratory........ 120,000 165,000
Program increase.................... [45,000]
Total, NNSA sites and Nevada off-sites.... 202,361 247,361
Oak Ridge Reservation:
OR Nuclear facility D & D............... 109,077 109,077
Total, OR Nuclear facility D & D.......... 109,077 109,077
U233 Disposition Program................ 45,000 45,000
OR cleanup and disposition.............. 58,000 58,000
Construction:
17-D-401 On-site waste disposal 22,380 22,380
facility...........................
14-D-403 Outfall 200 Mercury 20,500 20,500
Treatment Facility.................
Total, Construction....................... 42,880 42,880
Total, OR cleanup and waste disposition... 145,880 145,880
OR community & regulatory support....... 4,930 4,930
OR technology development and deployment 3,000 3,000
Total, Oak Ridge Reservation.............. 262,887 262,887
Savannah River Sites:
Savannah River risk management
operations
Savannah River risk management 455,122 495,122
operations...........................
H-Canyon not placed into stand-by [40,000]
condition..........................
Total, risk management operations......... 455,122 495,122
SR community and regulatory support..... 4,989 11,489
Secure payment in lieu of taxes [6,500]
funding..............................
Radioactive liquid tank waste 970,332 970,332
stabilization and disposition..........
Construction:
20-D-402 Advanced Manufacturing 25,000 25,000
Collaborative Facility (AMC).......
18-D-402 Saltstone Disposal Unit #8/ 65,500 65,500
9..................................
17-D-402 Saltstone Disposal Unit #7. 10,716 10,716
Total, Construction....................... 101,216 101,216
[[Page H3310]]
Total, Savannah River site................ 1,531,659 1,578,159
Waste Isolation Pilot Plant
Waste Isolation Pilot Plant............. 323,260 323,260
Construction:
15-D-412 Utility Saft................. 50,000 50,000
21-D-401 Hoisting Capability Project.. 10,000 10,000
Total, Construction....................... 60,000 60,000
Total, Waste Isolation Pilot Plant........ 383,260 383,260
Program direction......................... 275,285 275,285
Program support........................... 12,979 12,979
Technology development.................... 25,000 25,000
Safeguards and Security
Safeguards and Security................. 320,771 320,771
Total, Safeguards and Security............ 320,771 320,771
Prior year balances credited.............. -109,000 -109,000
Total, Defense Environmental Cleanup...... 4,983,608 5,773,708
Other Defense Activities
Environment, health, safety and security
Environment, health, safety and security 134,320 134,320
Program direction....................... 75,368 75,368
Total, Environment, Health, safety and 209,688 209,688
security.................................
Independent enterprise assessments
Independent enterprise assessments...... 26,949 26,949
Program direction....................... 54,635 54,635
Total, Independent enterprise assessments. 81,584 81,584
Specialized security activities........... 258,411 258,411
Office of Legacy Management
Legacy management....................... 293,873 138,435
Rejection of proposed transfer........ [-155,438]
Program direction....................... 23,120 23,120
Total, Office of Legacy Management........ 316,993 161,555
Defense related administrative support.... 183,789 183,789
Office of hearings and appeals............ 4,262 4,262
Subtotal, Other defense activities........ 1,054,727 899,289
Total, Other Defense Activities........... 1,054,727 899,289
------------------------------------------------------------------------
DIVISION E--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE ACT OF 2020
SEC. 5001. SHORT TITLE.
This division may be cited as the ``National Artificial
Intelligence Initiative Act of 2020''.
SEC. 5002. FINDINGS.
Congress finds the following:
(1) Artificial intelligence is a tool that has the
potential to change and possibly transform every sector of
the United States economy and society.
(2) The Federal Government should continue to play an
important role advancing research, development, standards,
and education activities in artificial intelligence through
coordination and collaboration between government, academia,
and the private sector to leverage the intellectual,
physical, and digital resources of each stakeholder.
(3) The Federal Government lacks clear understanding of the
capabilities of artificial intelligence and its potential to
affect various social and economic sectors, including ethical
concerns, national security implications, and workforce
impacts.
(4) Researchers from academia, Federal laboratories, and
much of the private sector have limited access to many high-
quality datasets, computing resources, or real-world testing
environments to design and deploy safe and trustworthy
artificial intelligence systems.
(5) There is a lack of standards and benchmarking for
artificial intelligence systems that academia and the public
and private sectors can use to evaluate the performance of
these systems before and after deployment.
(6) Artificial intelligence is increasingly becoming a
highly interdisciplinary field with expertise required from a
diverse range of scientific and other scholarly disciplines
that traditionally work independently and continue to face
cultural and institutional barriers to large scale
collaboration.
(7) Current Federal investments and funding mechanisms are
largely insufficient to incentivize and support the large-
scale interdisciplinary and public-private collaborations
that will be required to advance trustworthy artificial
intelligence systems in the United States.
(8) The United States education pipeline for artificial
intelligence fields faces significant challenges. Not only
does the artificial intelligence research field lack the
gender and racial diversity of the American population as a
whole, but it is failing to both retain researchers and
adequately support educators to meet the demands of the next
generation of students studying artificial intelligence.
(9) In order to help drive forward advances in trustworthy
artificial intelligence across all sectors and to the benefit
of all Americans, the Federal Government must provide
sufficient resources and use its convening power to
facilitate the growth of artificial intelligence human
capital, research, and innovation capacity in academia and
other nonprofit research organizations, companies of all
sizes and across all sectors, and within the Federal
Government.
SEC. 5003. DEFINITIONS.
In this division:
(1) Advisory committee.--The term ``Advisory Committee''
means the National Artificial Intelligence Advisory Committee
established under section 5104(a).
(2) Agency head.--The term ``agency head'' means the head
of any Executive agency (as defined in section 105 of title
5, United States Code).
(3) Artificial intelligence.--The term ``artificial
intelligence'' means a machine-based system that can, for a
given set of human-defined objectives, make predictions,
recommendations or decisions influencing real or virtual
environments. Artificial intelligence systems use machine and
human-based inputs to--
(A) perceive real and virtual environments;
(B) abstract such perceptions into models through analysis
in an automated manner; and
(C) use model inference to formulate options for
information or action.
(4) Initiative.--The term ``Initiative'' means the National
Artificial Intelligence Initiative established under section
5101(a).
(5) Initiative office.--The term ``Initiative Office''
means the National Artificial Intelligence Initiative Office
established under section 5102(a).
(6) Institute.--The term ``Institute'' means an Artificial
Intelligence Research Institute described in section
201(b)(1).
(7) Interagency committee.--The term ``Interagency
Committee'' means the interagency committee established under
section 5103(a).
[[Page H3311]]
(8) K-12 education.--The term ``K-12 education'' means
elementary school and secondary education, as such terms are
defined in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(9) Machine learning.--The term ``machine learning'' means
an application of artificial intelligence that is
characterized by providing systems the ability to
automatically learn and improve on the basis of data or
experience, without being explicitly programmed.
TITLE I--NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE
SEC. 5101. NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE.
(a) Establishment; Purposes.--The President shall establish
and implement an initiative to be known as the ``National
Artificial Intelligence Initiative''. The purposes of the
Initiative shall be to--
(1) ensure continued United States leadership in artificial
intelligence research and development;
(2) lead the world in the development and use of
trustworthy artificial intelligence systems in the public and
private sectors;
(3) maximize the benefits of artificial intelligence
systems for all American people; and
(4) prepare the present and future United States workforce
for the integration of artificial intelligence systems across
all sectors of the economy and society.
(b) Initiative Activities.--In carrying out the Initiative,
the President, acting through the Initiative Office, the
Interagency Committee, and agency heads as the President
considers appropriate, shall carry out activities that
include the following:
(1) Sustained, consistent, and coordinated support for
artificial intelligence research and development through
grants, cooperative agreements, testbeds, and access to data
and computing resources.
(2) Support for the development of voluntary standards,
best practices, and benchmarks for the development and use of
trustworthy artificial intelligence systems.
(3) Support for educational programs at all levels, in both
formal and informal learning environments, to prepare the
American workforce and the general public to be able to use
and interact with artificial intelligence systems, as well as
adapt to the potentially transformative impact of artificial
intelligence on society and the economy.
(4) Support for interdisciplinary research, education, and
training programs for students and researchers that promote
learning in the methods and systems used in artificial
intelligence and foster interdisciplinary perspectives and
collaborations among subject matter experts in relevant
fields, including computer science, mathematics, statistics,
engineering, social sciences, psychology, behavioral science,
ethics, security, legal scholarship, and other disciplines
that will be necessary to advance artificial intelligence
research and development responsibly.
(5) Support for partnerships to leverage knowledge,
computing resources, access to open datasets, and other
resources from industry, government, nonprofit organizations,
Federal laboratories, State programs, and institutions of
higher education to advance activities under the Initiative.
(6) Interagency planning and coordination of Federal
artificial intelligence research, development, demonstration,
standards engagement, and other activities under the
Initiative.
(7) Establish the public sector infrastructure and
artificial intelligence capabilities necessary to respond to
pressing national challenges, including economic and public
health emergencies such as pandemics.
(8) Outreach to diverse stakeholders, including citizen
groups and industry, to ensure public input is taken into
account in the activities of the Initiative.
(9) Leveraging existing Federal investments to advance
objectives of the Initiative.
(10) Support for a network of interdisciplinary artificial
intelligence research institutes, as described in section
5201(b)(7)(B).
(11) Support opportunities for international cooperation
with strategic allies, as appropriate, on the research and
development, assessment, and resources for trustworthy
artificial intelligence systems and the development of
voluntary consensus standards for those systems.
SEC. 5102. NATIONAL ARTIFICIAL INTELLIGENCE INITIATIVE
OFFICE.
(a) In General.--The Director of the Office of Science and
Technology Policy shall establish or designate, and appoint a
director of, an office to be known as the ``National
Artificial Intelligence Initiative Office'' to carry out the
responsibilities described in subsection (b) with respect to
the Initiative. The Initiative Office shall have sufficient
staff to carry out such responsibilities, including staff
detailed from the Federal departments and agencies described
in section 5103(c).
(b) Responsibilities.--The Director of the Initiative
Office shall--
(1) provide technical and administrative support to the
Interagency Committee and the Advisory Committee;
(2) serve as the point of contact on Federal artificial
intelligence activities for Federal departments and agencies,
industry, academia, nonprofit organizations, professional
societies, State governments, and such other persons as the
Initiative Office considers appropriate to exchange technical
and programmatic information;
(3) conduct regular public outreach to diverse
stakeholders, including through the convening of conferences
and educational events, the publication of information about
significant Initiative activities on a publicly available
website, and the dissemination of findings and
recommendations of the Advisory Committee, as appropriate;
and
(4) promote access to and early adoption of the
technologies, innovations, lessons learned, and expertise
derived from Initiative activities to agency missions and
systems across the Federal Government, and to industry,
including startup companies.
(c) Funding Estimate.--The Director of the Office of
Science and Technology Policy shall develop an estimate of
the funds necessary to carry out the activities of the
Initiative Coordination Office, including an estimate of how
much each participating Federal department and agency
described in section 5103(c) will contribute to such funds,
and submit such estimate to Congress not later than 90 days
after the enactment of this Act. The Director shall update
this estimate each year based on participating agency
investments in artificial intelligence.
SEC. 5103. COORDINATION BY INTERAGENCY COMMITTEE.
(a) Interagency Committee.--The Director of the Office of
Science and Technology Policy, acting through the National
Science and Technology Council, shall establish or designate
an Interagency Committee to coordinate Federal programs and
activities in support of the Initiative.
(b) Co-Chairs.--The Interagency Committee shall be co-
chaired by the Director of the Office of Science and
Technology Policy and, on an annual rotating basis, a
representative from 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.
(c) Agency Participation.--The Committee shall include
representatives from--
(1) the National Institute of Standards and Technology;
(2) the National Science Foundation;
(3) the Department of Energy;
(4) the National Aeronautics and Space Administration;
(5) the Department of Defense;
(6) the Defense Advanced Research Projects Agency;
(7) the Department of Commerce;
(8) the Office of the Director of National Intelligence;
(9) the Office of Management and Budget;
(10) the Office of Science and Technology Policy;
(11) the Department of Health and Human Services;
(12) the Department of Education;
(13) the Department of Labor;
(14) the Department of the Treasury;
(15) the General Services Administration;
(16) the Department of Transportation;
(17) the Department of State;
(18) the Department of Veterans Affairs; and
(19) any other Federal agency as considered appropriate by
the Director of the Office of Science and Technology Policy.
(d) Responsibilities.--The Interagency Committee shall--
(1) provide for interagency coordination of Federal
artificial intelligence research, development, and
demonstration activities, development of voluntary consensus
standards and guidelines for research, development, testing,
and adoption of ethically developed, safe, and trustworthy
artificial intelligence systems, and education and training
activities and programs of Federal departments and agencies
undertaken pursuant to the Initiative;
(2) not later than 2 years after the date of the enactment
of this Act, develop a strategic plan for artificial
intelligence (to be updated not less than every 3 years)
that--
(A) establishes goals, priorities, and metrics for guiding
and evaluating the Initiative's activities; and
(B) describes how the agencies carrying out the Initiative
will--
(i) determine and prioritize areas of artificial
intelligence research, development, and demonstration
requiring Federal Government leadership and investment;
(ii) support long-term funding for interdisciplinary
artificial intelligence research, development, demonstration,
education and public outreach activities;
(iii) support research and other activities on ethical,
legal, environmental, safety, security, and other appropriate
societal issues related to artificial intelligence;
(iv) provide or facilitate the availability of curated,
standardized, secure, representative, and privacy-protected
data sets for artificial intelligence research and
development;
(v) provide or facilitate the necessary computing,
networking, and data facilities for artificial intelligence
research and development;
(vi) support and coordinate Federal education and workforce
activities related to artificial intelligence;
(vii) reduce barriers to transferring artificial
intelligence systems from the laboratory into application for
the benefit of society and United States competitiveness;
(viii) support and coordinate the network of artificial
intelligence research institutes described in section
5201(b)(7)(B);
(ix) in consultation with the Council of Economic Advisers,
measure and track the contributions of artificial
intelligence to United States economic growth and other
societal indicators; and
(x) leverage the resources of the Initiative to respond to
pressing national challenges, including economic and public
health emergencies such as pandemics;
(3) propose an annually coordinated interagency budget for
the Initiative to the Office of Management and Budget that is
intended to ensure that the balance of funding across the
Initiative is sufficient to meet the goals and priorities
established for the Initiative; and
(4) in carrying out this section, take into consideration
the recommendations of the Advisory
[[Page H3312]]
Committee, existing reports on related topics, and the views
of academic, State, industry, and other appropriate groups.
(e) 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 Committee shall prepare and submit to the
Committee on Science, Space, and Technology of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report that includes--
(1) a summarized budget in support of the Initiative for
such fiscal year and the preceding fiscal year, including a
disaggregation of spending for each Federal agency
participating in the Initiative and for the development and
acquisition of any research facilities and instrumentation;
and
(2) an assessment of how Federal agencies are implementing
the plan described in subsection (d)(2), and a description of
those efforts.
SEC. 5104. NATIONAL ARTIFICIAL INTELLIGENCE ADVISORY
COMMITTEE.
(a) In General.--The Secretary of Energy shall, in
consultation with the Director of the Office of Science and
Technology Policy, establish an advisory committee to be
known as the ``National Artificial Intelligence Advisory
Committee''.
(b) Qualifications.--The Advisory Committee shall consist
of members, appointed by the Secretary of Energy, who are
representing broad and interdisciplinary expertise and
perspectives, including from academic institutions, companies
across diverse sectors, nonprofit and civil society entities,
and Federal laboratories, that are qualified to provide
advice and information on science and technology research,
development, ethics, standards, education, technology
transfer, commercial application, security, and economic
competitiveness related to artificial intelligence.
(c) Membership Consideration.--In selecting the members of
the Advisory Committee, the Secretary of Energy may seek and
give consideration to recommendations from the Congress,
industry, nonprofit organizations, the scientific community
(including the National Academy of Sciences, scientific
professional societies, and academic institutions), the
defense community, and other appropriate organizations.
(d) Duties.--The Advisory Committee shall advise the
President and the Initiative Office on matters related to the
Initiative, including recommendations related to--
(1) the current state of United States competitiveness and
leadership in artificial intelligence, including the scope
and scale of United States investments in artificial
intelligence research and development in the international
context;
(2) the progress made in implementing the Initiative,
including a review of the degree to which the Initiative has
achieved the goals under the metrics established by the
Interagency Committee under section 5103(d)(2);
(3) the state of the science around artificial
intelligence, including progress towards artificial general
intelligence;
(4) the need to update the Initiative;
(5) the balance of activities and funding across the
Initiative;
(6) whether the strategic plan developed or updated by the
Interagency Committee established under section 5103(d)(2) is
helping to maintain United States leadership in artificial
intelligence;
(7) the management, coordination, and activities of the
Initiative;
(8) whether ethical, legal, safety, security, and other
appropriate societal issues are adequately addressed by the
Initiative; and
(9) opportunities for international cooperation with
strategic allies on artificial intelligence research
activities and standards development.
(e) Reports.--Not later than 1 year after the date of the
enactment of this Act, and not less frequently than once
every 3 years thereafter, the Advisory Committee shall submit
to the President, the Committee on Science, Space, and
Technology of the House of Representatives, and the Committee
on Commerce, Science, and Transportation of the Senate, a
report on the Advisory Committee's findings and
recommendations under subsection (d).
(f) Travel Expenses of Non-Federal Members.--Non-Federal
members of the Advisory Committee, while attending meetings
of the Advisory Committee or while otherwise serving at the
request of the head of the Advisory Committee away from their
homes or regular places of business, may be allowed travel
expenses, including per diem in lieu of subsistence, as
authorized by section 5703 of title 5, United States Code,
for individuals in the Government serving without pay.
Nothing in this subsection shall be construed to prohibit
members of the Advisory Committee who are officers or
employees of the United States from being allowed travel
expenses, including per diem in lieu of subsistence, in
accordance with existing law.
(g) FACA Exemption.--The Secretary of Energy shall charter
the Advisory Committee in accordance with the Federal
Advisory Committee Act (5 U.S.C. App.), except that the
Advisory Committee shall be exempt from section 14 of such
Act.
SEC. 5105. NATIONAL ACADEMIES ARTIFICIAL INTELLIGENCE IMPACT
STUDY ON WORKFORCE.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the National Science Foundation
shall enter into a contract with the National Research
Council of the National Academies of Sciences, Engineering,
and Medicine to conduct a study of the current and future
impact of artificial intelligence on the workforce of the
United States across sectors.
(b) Contents.--The study shall address--
(1) workforce impacts across sectors caused by the
increased adoption of artificial intelligence, automation,
and other related trends;
(2) workforce needs and employment opportunities generated
by the increased adoption of artificial intelligence across
sectors;
(3) research gaps and data needed to better understand and
track both workforce impacts and workforce needs and
opportunities generated by adoption of artificial
intelligence systems across sectors; and
(4) recommendations to address the challenges and
opportunities described in paragraphs (1), (2), and (3).
(c) Stakeholders.--In conducting the study, the National
Academies of Sciences, Engineering, and Medicine shall seek
input from a wide range of stakeholders in the public and
private sectors.
(d) Report to Congress.--The contract entered into under
subsection (a) shall require the National Academies of
Sciences, Engineering, and Medicine, not later than 2 years
after the date of the enactment of this Act, to--
(1) submit to the Committee on Science, Space, and
Technology of the House of Representatives and the Committee
on Commerce, Science, and Transportation of the Senate a
report containing the findings and recommendations of the
study conducted under subsection (a); and
(2) make a copy of such report available on a publicly
accessible website.
SEC. 5106. GAO REPORT ON COMPUTATIONAL NEEDS.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall conduct a study of artificial
intelligence computer hardware and computing required in
order to maintain U.S. leadership in artificial intelligence
research and development. The Comptroller General shall--
(1) assess the composition of civilian computing resources
supported by the Federal Government at universities and
Federal Laboratories, including programs with laboratory
computing, high performance computing, cloud computing,
quantum computing, edge computing, and other computing
resources;
(2) evaluate projected needs for computing consumption and
performance required by the public and private sector for the
training, auditing, validation, testing, and use of
artificial intelligence over the next five years; and
(3) offer recommendations to meet these projected needs.
SEC. 5107. NATIONAL AI RESEARCH RESOURCE TASK FORCE.
(a) Establishment of Task Force.--
(1) Establishment.--
(A) In general.--The Director of the National Science
Foundation, in coordination with the Office of Science and
Technology Policy, shall establish a task force--
(i) to investigate the feasibility and advisability of
establishing and sustaining a national artificial
intelligence research resource; and
(ii) to propose a roadmap detailing how such resource
should be established and sustained.
(B) Designation.--The task force established by
subparagraph (A) shall be known as the ``National Artificial
Intelligence Research Resource Task Force'' (in this section
referred to as the ``Task Force'').
(2) Membership.--
(A) Composition.--The Task Force shall be composed of 12
members selected by the co-chairpersons of the Task Force
from among technical experts in artificial intelligence or
related subjects, of whom--
(i) 4 shall be representatives from the Interagency
Committee established in section 5103, including the co-
chairpersons of the Task Force;
(ii) 4 shall be representatives from institutions of higher
education (as such term is defined in section 101 of the
Higher Education Act of 1965 (20 U.S.C. 1001)); and
(iii) 4 shall be representatives from private
organizations.
(B) Appointment.--Not later than 120 days after enactment
of this Act, the co-chairpersons of the Task Force shall
appoint members to the Task Force pursuant to subparagraph
(A).
(C) Term of appointment.--Members of the Task Force shall
be appointed for the life of the Task Force.
(D) Vacancy.--Any vacancy occurring in the membership of
the Task Force shall be filled in the same manner in which
the original appointment was made.
(E) Co-chairpersons.--The Director of the Office of Science
and Technology Policy and the Director of the National
Sciences Foundation, or their designees, shall be the co-
chairpersons of the Task Force. If the role of the Director
of the National Science Foundation is vacant, the Chair of
the National Science Board shall act as a co-chairperson of
the Task Force.
(F) Expenses for non-federal members.--Non-Federal Members
of the Task Force shall be allowed travel expenses, including
per diem in lieu of subsistence, at rates authorized for
employees under subchapter I of chapter 57 of title 5, United
States Code, while away from their homes or regular places of
business in the performance of services for the Task Force.
(b) Roadmap and Implementation Plan.--
(1) In general.--The Task Force shall develop a coordinated
roadmap and implementation plan for creating and sustaining a
National Artificial Intelligence Research Resource.
(2) Contents.--The roadmap and plan required by paragraph
(1) shall include the following:
(A) Goals for establishment and sustainment of a national
artificial intelligence research resource and metrics for
success.
(B) A plan for ownership and administration of the National
Artificial Intelligence Research Resource, including--
(i) an appropriate agency or organization responsible for
the implementation, deployment, and administration of the
Resource; and
(ii) a governance structure for the resource, including
oversight and decision-making authorities.
[[Page H3313]]
(C) A model for governance and oversight to establish
strategic direction, make programmatic decisions, and manage
the allocation of resources;
(D) Capabilities required to create and maintain a shared
computing infrastructure to facilitate access to computing
resources for researchers across the country, including
scalability, secured access control, resident data
engineering and curation expertise, provision of curated,
data sets, compute resources, educational tools and services,
and a user interface portal.
(E) An assessment of, and recommend solutions to, barriers
to the dissemination and use of high-quality government data
sets as part of the national artificial intelligence research
resource.
(F) An assessment of security requirements associated with
the national artificial intelligence research resource and
its research and recommend a framework for the management of
access controls.
(G) An assessment of privacy and civil liberties
requirements associated with the national artificial
intelligence research resource and its research.
(H) A plan for sustaining the resources, including through
Federal funding and partnerships with the private sector.
(I) The parameters for the establishment and sustainment of
the national artificial intelligence resource, including
agency roles and responsibilities and milestones to implement
the resource.
(c) Consultations.--In conducting its duties required under
subsection (b), the Task Force shall consult with the
following:
(1) The National Science Foundation.
(2) The Office of Science and Technology Policy.
(3) The National Academies of Sciences, Engineering, and
Medicine.
(4) The National Institute of Standards and Technology.
(5) The Defense Advanced Research Projects Agency.
(6) The Intelligence Advanced Research Projects Activity.
(7) The Department of Energy.
(8) The Department of Defense.
(9) The General Services Administration.
(10) Private industry.
(11) Institutions of higher education.
(12) Such other persons as the Task Force considers
appropriate.
(d) Staff.--Staff of the Task Force shall comprise
detailees with expertise in artificial intelligence, or
related fields from the Office of Science and Technology
Policy, the National Science Foundation, or any other agency
the co-chairs deem appropriate, with the consent of the head
of the agency. The co-chairs shall also be authorized to hire
staff from outside the Federal government for the duration of
the task force.
(e) Task Force Reports.--
(1) Initial report.--Not later than 12 months after the
date on which all of the appointments have been made under
subsection (a)(2)(B), the Task Force shall submit to Congress
and the President an interim report containing the findings,
conclusions, and recommendations of the Task Force. The
report shall include specific recommendations regarding steps
the Task Force believes necessary for the establishment and
sustainment of a national artificial intelligence research
resource.
(2) Final report.--Taking into account the findings of the
Government Accountability Office report required in section
106 of this Act, not later than 6 months after the submittal
of the interim report under paragraph (1), the Task Force
shall submit to Congress and the President a final report
containing the findings, conclusions, and recommendations of
the Task Force, including the specific recommendations
required by subsection (b).
(f) Termination.--
(1) In general.--The Task Force shall terminate 90 days
after the date on which it submits the final report under
subsection (e)(2).
(2) Records.--Upon termination of the Task Force, all of
its records shall become the records of the National Archives
and Records Administration.
(g) Definitions.--In this section:
(1) National artificial intelligence research resource and
resource.--The terms ``National Artificial Intelligence
Research Resource'' and ``Resource'' mean a system that
provides researchers and students across scientific fields
and disciplines with access to compute resources, co-located
with publicly-available, artificial intelligence-ready
government and non-government data sets and a research
environment with appropriate educational tools and user
support.
(2) Ownership.--The term ``ownership'' means responsibility
and accountability for the implementation, deployment, and
ongoing development of the National Artificial Intelligence
Research Resource, and for providing staff support to that
effort.
SEC. 5108. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) artificial intelligence systems have the potential to
transform every sector of the United States economy, boosting
productivity, enhancing scientific research, and increasing
U.S. competitiveness; and
(2) the United States Government should use this Initiative
to enable the benefits of trustworthy artificial intelligence
while preventing the creation and use of artificial
intelligence systems that behave in ways that cause harm,
including--
(A) high-risk systems that lack sufficient robustness to
prevent adversarial attacks;
(B) high-risk systems that harm the privacy or security of
users or the general public; and
(C) artificial general intelligence systems that may become
self-aware or uncontrollable.
TITLE II--NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH INSTITUTES
SEC. 5201. NATIONAL ARTIFICIAL INTELLIGENCE RESEARCH
INSTITUTES.
(a) In General.--As part of the Initiative, the Director of
the National Science Foundation shall establish a program to
award financial assistance for the planning, establishment,
and support of Institutes (as described in subsection (b)(2))
in accordance with this section.
(b) Financial Assistance To Establish and Support National
Artificial Intelligence Research Institutes.--
(1) In general.--Under the Initiative, the Secretary of
Energy, the Secretary of Commerce, the Director of the
National Science Foundation, and every other agency head may
award financial assistance to an eligible entity, or
consortia thereof, as determined by an agency head, to
establish and support an Institute.
(2) Artificial intelligence institutes.--An Institute
described in this subsection is an artificial intelligence
research institute that--
(A) is focused on--
(i) a particular economic or social sector, including
health, education, manufacturing, agriculture, security,
energy, and environment, and includes a component that
addresses the ethical, societal, safety, and security
implications relevant to the application of artificial
intelligence in that sector; or
(ii) a cross-cutting challenge for artificial intelligence
systems, including trustworthiness, or foundational science;
(B) requires partnership among public and private
organizations, including, as appropriate, Federal agencies,
research universities, community colleges, nonprofit research
organizations, Federal laboratories, State, local, and tribal
governments, and industry (or consortia thereof);
(C) has the potential to create an innovation ecosystem, or
enhance existing ecosystems, to translate Institute research
into applications and products, as appropriate to the topic
of each Institute;
(D) supports interdisciplinary research and development
across multiple institutions and organizations involved in
artificial intelligence research and related disciplines,
including physics, engineering, mathematical sciences,
computer and information science, robotics, biological and
cognitive sciences, material science, social and behavioral
sciences, cybersecurity, and technology ethics;
(E) supports interdisciplinary education activities,
including curriculum development, research experiences, and
faculty professional development across two-year,
undergraduates, masters, and doctoral level programs; and
(F) supports workforce development in artificial
intelligence related disciplines in the United States,
including broadening participation of underrepresented
communities.
(3) Use of funds.--Financial assistance awarded under
paragraph (1) may be used by an Institute for--
(A) managing and making available to researchers
accessible, curated, standardized, secure, and privacy
protected data sets from the public and private sectors for
the purposes of training and testing artificial intelligence
systems and for research using artificial intelligence
systems, pursuant to section 5301(b) and 5301(c);
(B) developing and managing testbeds for artificial
intelligence systems, including sector-specific test beds,
designed to enable users to evaluate artificial intelligence
systems prior to deployment;
(C) conducting research and education activities involving
artificial intelligence systems to solve challenges with
social, economic, health, scientific, and national security
implications;
(D) providing or brokering access to computing resources,
networking, and data facilities for artificial intelligence
research and development relevant to the Institute's research
goals;
(E) providing technical assistance to users, including
software engineering support, for artificial intelligence
research and development relevant to the Institute's research
goals;
(F) engaging in outreach and engagement to broaden
participation in artificial intelligence research and
workforce; and
(G) such other activities that an agency head, whose
agency's missions contribute to or are affected by artificial
intelligence, considers consistent with the purposes
described in section 5101(a).
(4) Duration.--
(A) Initial periods.--An award of financial assistance
under paragraph (1) shall be awarded for an initial period of
5 years.
(B) Extension.--An established Institute may apply for, and
the agency head may grant, extended funding for periods of 5
years on a merit-reviewed basis using the merit review
criteria of the sponsoring agency.
(5) Application for financial assistance.--
(A) In general.--A person or group of persons seeking
financial assistance under paragraph (1) shall submit to an
agency head an application at such time, in such manner, and
containing such information as the agency head may require.
(B) Requirements.--An application submitted under
subparagraph (A) for an Institute shall, at a minimum,
include the following:
(i) A plan for the Institute to include--
(I) the proposed goals and activities of the Institute;
(II) how the Institute will form partnerships with other
research institutions, industry, and nonprofits to leverage
expertise in artificial intelligence and access to data,
including non-governmental data and computing resources;
(III) how the institute will support long-term and short-
term education and workforce development in artificial
intelligence, including broadening participation of
underrepresented communities; and
(IV) a plan for how the Institute will transition from
planning into operations.
[[Page H3314]]
(ii) A description of the anticipated sources and nature of
any non-Federal contributions, including privately held data
sets, computing resources, and other types of in-kind
support.
(iii) A description of the anticipated long-term impact of
such Institute.
(6) Competitive, merit review.--In awarding financial
assistance under paragraph (1), the agency head shall--
(A) use a competitive, merit review process that includes
peer review by a diverse group of individuals with relevant
expertise from both the private and public sectors; and
(B) ensure the focus areas of the Institute do not
substantially duplicate the efforts of any other Institute.
(7) Collaboration.--
(A) In general.--In awarding financial assistance under
paragraph (1), an agency head may collaborate with Federal
departments and agencies whose missions contribute to or are
affected by artificial intelligence systems, including the
agencies outlined in section 5103(c).
(B) Coordinating network.--The Director of the National
Science Foundation shall establish a network of Institutes
receiving financial assistance under this subsection, to be
known as the ``Artificial Intelligence Leadership Network'',
to coordinate cross-cutting research and other activities
carried out by the Institutes.
(C) Funding.--The head of an agency may request, accept,
and provide funds from other Federal departments and
agencies, State, United States territory, local, or tribal
government agencies, private sector for-profit entities, and
nonprofit entities, to be available to the extent provided by
appropriations Acts, to support an Institute's activities.
The head of an agency may not give any special consideration
to any agency or entity in return for a donation.
TITLE III--NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY ARTIFICIAL
INTELLIGENCE ACTIVITIES
SEC. 5301. NATIONAL INSTITUTE OF STANDARDS AND TECHNOLOGY
ACTIVITIES.
(a) In General.--As part of the Initiative, the Director of
the National Institute of Standards and Technology shall--
(1) support measurement research and development of best
practices and voluntary standards for trustworthy artificial
intelligence systems, including for--
(A) privacy and security, including for datasets used to
train or test artificial intelligence systems and software
and hardware used in artificial intelligence systems;
(B) advanced computer chips and hardware designed for
artificial intelligence systems;
(C) data management and techniques to increase the
usability of data, including strategies to systematically
clean, label, and standardize data into forms useful for
training artificial intelligence systems and the use of
common, open licenses;
(D) safety and robustness of artificial intelligence
systems, including assurance, verification, validation,
security, control, and the ability for artificial
intelligence systems to withstand unexpected inputs and
adversarial attacks;
(E) auditing mechanisms and benchmarks for accuracy,
transparency, verifiability, and safety assurance for
artificial intelligence systems;
(F) applications of machine learning and artificial
intelligence systems to improve other scientific fields and
engineering;
(G) model documentation, including performance metrics and
constraints, measures of fairness, training and testing
processes, and results;
(H) system documentation, including connections and
dependences within and between systems, and complications
that may arise from such connections; and
(I) all other areas deemed by the Director to be critical
to the development and deployment of trustworthy artificial
intelligence;
(2) produce curated, standardized, representative, secure,
and privacy protected data sets for artificial intelligence
research, development, and use, prioritizing data for high-
value, high-risk research;
(3) support one or more institutes as described in section
5201(a) for the purpose of advancing the field of artificial
intelligence;
(4) support and strategically engage in the development of
voluntary consensus standards, including international
standards, through open, transparent, and consensus-based
processes;
(5) taking into account the findings from the National
Academies study in section 5105, develop taxonomies and
lexica to describe artificial intelligence tasks, knowledge,
skills, abilities, competencies, and work roles to guide
career development, education, and training activities in
industry, academia, nonprofit organizations, and the Federal
government, identify workforce gaps in the public and private
sector, and create criteria and measurement for credentials
in artificial intelligence-related careers; and
(6) enter into and perform such contracts, including
cooperative research and development arrangements and grants
and cooperative agreements or other transactions, as may be
necessary in the conduct of the work of the National
Institute of Standards and Technology and on such terms as
the Director considers appropriate, in furtherance of the
purposes of this division.
(b) Risk Management Framework.--Not later than 2 years
after the date of the enactment of this Act, the Director
shall work to develop, and periodically update, in
collaboration with other public and private sector
organizations, including the National Science Foundation and
the Department of Energy, a voluntary risk management
framework for the trustworthiness of artificial intelligence
systems. The framework shall--
(1) identify and provide standards, guidelines, best
practices, methodologies, procedures, and processes for
assessing the trustworthiness of, and mitigating risks to,
artificial intelligence systems;
(2) establish common definitions and characterizations for
aspects and levels of trustworthiness, including
explainability, transparency, safety, privacy, security,
robustness, fairness, bias, ethics, validation, verification,
interpretability, and other properties related to artificial
intelligence systems that are common across all sectors;
(3) provide guidance and implementation steps for risk
management of artificial intelligence systems;
(4) provide sector-specific case studies of implementation
of the framework;
(5) align with voluntary consensus standards, including
international standards, to the fullest extent possible;
(6) incorporate voluntary consensus standards and industry
best practices; and
(7) not prescribe or otherwise require--
(A) the use of specific solutions; or
(B) the use of specific information or communications
technology products or services.
(c) Data Sharing and Documentation Best Practices.--Not
later than 1 year after the date of enactment of this Act,
the Director shall, in collaboration with other public and
private sector organizations, develop guidance to facilitate
the creation of voluntary data sharing arrangements between
industry, federally funded research centers, and Federal
agencies for the purpose of advancing artificial intelligence
research and technologies, including--
(1) options for partnership models between government
entities, industry, universities, and nonprofits that
incentivize each party to share the data they collected; and
(2) best practices for datasets used to train artificial
intelligence systems, including--
(A) standards for metadata that describe the properties of
datasets, including--
(i) the origins of the data;
(ii) the intent behind the creation of the data;
(iii) authorized uses of the data;
(iv) descriptive characteristics of the data, including
what populations are included and excluded from the datasets;
and
(v) any other properties as determined by the Director; and
(B) standards for privacy and security of datasets with
human characteristics.
(d) Stakeholder Outreach.--In carrying out the activities
under this subsection, the Director shall--
(1) solicit input from university researchers, private
sector experts, relevant Federal agencies, Federal
laboratories, State and local governments, civil society
groups, and other relevant stakeholders;
(2) solicit input from experts in relevant fields of social
science, technology ethics, and law; and
(3) provide opportunity for public comment on guidelines
and best practices developed as part of the Initiative, as
appropriate.
TITLE IV--NATIONAL SCIENCE FOUNDATION ARTIFICIAL INTELLIGENCE
ACTIVITIES
SEC. 5401. ARTIFICIAL INTELLIGENCE RESEARCH AND EDUCATION.
(a) In General.--As part of the Initiative, the Director of
the National Science Foundation shall fund research and
education activities in artificial intelligence systems and
related fields, including competitive awards or grants to
institutions of higher education or eligible nonprofit
organizations (or consortia thereof).
(b) Uses of Funds.--In carrying out the activities under
subsection (a), the Director of the National Science
Foundation shall--
(1) support research, including interdisciplinary research
on artificial intelligence systems and related areas;
(2) support collaborations among researchers across
disciplines, including between social scientists and computer
and data scientists, to advance research critical to the
development and deployment of trustworthy artificial
intelligence systems, including support for interdisciplinary
research relating advances in artificial intelligence to
changes in the future workplace, in a social and economic
context;
(3) use the existing programs of the National Science
Foundation, in collaboration with other Federal departments
and agencies, as appropriate to--
(A) improve the teaching and learning of artificial
intelligence systems at all levels of education; and
(B) increase participation in artificial intelligence
related fields, including by individuals identified in
sections 33 and 34 of the Science and Engineering Equal
Opportunity Act (42 U.S.C. 1885a, 1885b);
(4) engage with institutions of higher education, research
communities, industry, Federal laboratories, nonprofit
organizations, State and local governments, and potential
users of information produced under this section, including
through the convening of workshops and conferences, to
leverage the collective body of knowledge across disciplines
relevant to artificial intelligence, facilitate new
collaborations and partnerships, and identify emerging
research needs;
(5) support partnerships among institutions of higher
education and industry that facilitate collaborative
research, personnel exchanges, and workforce development with
respect to artificial intelligence systems;
(6) ensure adequate access to research and education
infrastructure with respect to artificial intelligence
systems, including through the development of new computing
resources and partnership with the private sector for the
provision of cloud-based computing services;
(7) conduct prize competitions, as appropriate, pursuant to
section 24 of the Stevenson-Wydler Technology Innovation Act
of 1980 (15 U.S.C. 3719);
(8) coordinate research efforts funded through existing
programs across the directorates of the National Science
Foundation;
[[Page H3315]]
(9) provide guidance on data sharing by grantees to public
and private sector organizations consistent with the
standards and guidelines developed under section 5301(c); and
(10) evaluate opportunities for international collaboration
with strategic allies on artificial intelligence research and
development.
(c) Artificial Intelligence Research Grants.--
(1) In general.--The Director shall award grants for
research on artificial intelligence systems. Research areas
may include--
(A) artificial intelligence systems, including machine
learning, computer vision, robotics, and hardware for
accelerating artificial intelligence systems;
(B) artificial intelligence-enabled systems;
(C) fields and research areas that will contribute to the
advancement of artificial intelligence systems, including
information theory, causal and statistical inference, data
mining, information extraction, human-robot interaction, and
intelligent interfaces;
(D) fields and research areas that increase understanding
of human characteristics relevant to artificial intelligence
systems, including computational neuroscience, reasoning and
representation, speech and language, multi-agent systems,
intelligent interfaces, human-artificial intelligence
cooperation, and artificial intelligence-augmented human
problem solving;
(E) fields and research areas that increase understanding
of learning, adaptability, and resilience beyond the human
cognitive model, including topics in developmental biology,
zoology, botany, morphological computation, and organismal
systems;
(F) fields and research areas that will contribute to the
development and deployment of trustworthy artificial
intelligence systems, including--
(i) algorithmic explainability;
(ii) methods to assess, characterize, and reduce bias in
datasets and artificial intelligence systems; and
(iii) safety and robustness of artificial intelligence
systems, including assurance, verification, validation,
security, and control;
(G) privacy and security, including for datasets used for
the training and inference of artificial intelligence
systems, and software and hardware used in artificial
intelligence systems;
(H) fields and research areas that address the application
of artificial intelligence systems to scientific discovery
and societal challenges, including economic and public health
emergencies;
(I) societal, ethical, safety, education, workforce, and
security implications of artificial intelligence systems,
including social impact of artificial intelligence systems on
different groups within society, especially historically
marginalized groups; and
(J) qualitative and quantitative forecasting of future
capabilities, applications, and impacts.
(2) Engineering support.--In soliciting proposals for
funding under this section, the Director shall permit
applicants to include in their proposed budgets funding for
software engineering support to assist with the proposed
research.
(3) Ethics.--
(A) Sense of congress.--It is the sense of Congress that--
(i) a number of emerging areas of research, including
artificial intelligence, have potential ethical, social,
safety, and security implications that might be apparent as
early as the basic research stage;
(ii) the incorporation of ethical, social, safety, and
security considerations into the research design and review
process for Federal awards may help mitigate potential harms
before they happen;
(iii) the National Science Foundation's intent to enter
into an agreement with the National Academies of Sciences,
Engineering, and Medicine to conduct a study and make
recommendations with respect to governance of research in
emerging technologies is a positive step toward accomplishing
this goal; and
(iv) the National Science Foundation should continue to
work with stakeholders to understand and adopt policies that
promote best practices for governance of research in emerging
technologies at every stage of research.
(B) Ethics statements.--
(i) In general.--Not later than 18 months after the date of
enactment of this Act, the Director shall amend grant
proposal instructions to include a requirement for an ethics
statement to be included as part of any proposal for funding
prior to making the award. Such statement shall be considered
by the Director in the review of proposals, taking into
consideration any relevant input from the peer-reviewers for
the proposal, and shall factor into award decisions as deemed
necessary by the Director.
(ii) Contents.--Such statements may include, as
appropriate--
(I) the potential societal benefits of the research;
(II) any foreseeable or quantifiable risks to society,
including how the research could enable products,
technologies, or other outcomes that could intentionally or
unintentionally cause significant societal harm; and
(III) how technical or social solutions can mitigate such
risks and, as appropriate, a plan to implement such
mitigation measures.
(iii) Guidance.--The Director shall issue clear guidance on
what constitutes a foreseeable or quantifiable risk described
in clause (ii)(II), and to the extent practical harmonize
this policy with existing ethical policies or related
requirements for human subjects.
(iv) Annual reports.--The Director shall encourage grantees
to update their ethics statements as appropriate as part of
the annual reports required by all grantees under the grant
terms and conditions.
(d) Education.--
(1) In general.--The Director of the National Science
Foundation shall award grants for education programs at the
K-12, community college, undergraduate, graduate,
postdoctoral, adult learning, and retraining stages of
education that--
(A) support the development of a diverse workforce pipeline
for science and technology with respect to artificial
intelligence systems;
(B) increase awareness of ethical, social, safety, and
security implications of artificial intelligence systems; and
(C) promote the widespread understanding of artificial
intelligence principles and methods to create an educated
workforce and general public able to use products enabled by
artificial intelligence systems and adapt to future societal
and economic changes caused by artificial intelligence
systems.
(2) Use of funds.--Grants awarded under this section for
education activities referred to in paragraph (1) may be used
for--
(A) collaborative interdisciplinary research, development,
testing, and dissemination of K-12, undergraduate, and
community college curriculum development, dissemination, and
other educational tools and methods in artificial
intelligence related fields;
(B) curriculum development in the field of technology
ethics;
(C) support for informal education activities for K-12
students to engage with artificial intelligence systems,
including mentorship programs for underrepresented
populations;
(D) efforts to achieve equitable access to K-12 artificial
intelligence education for populations and geographic areas
traditionally underrepresented in the artificial intelligence
field;
(E) training and professional development programs,
including innovative pre-service and in-service programs, in
artificial intelligence and related fields for K-12 teachers;
(F) efforts to improve the retention rate for researchers
focusing on artificial intelligence systems at institutions
of higher learning and other nonprofit research institutions;
(G) outreach programs to educate the general public about
the uses of artificial intelligence and its societal
implications;
(H) assessments of activities conducted under this
subsection; and
(I) any other relevant activities the Director determines
will accomplish the aim described in paragraph (1).
(3) Artificial intelligence traineeships and fellowships.--
(A) Artificial intelligence traineeships.--
(i) In general.--The Director of the National Science
Foundation shall award grants to institutions of higher
education to establish traineeship programs for graduate
students who pursue artificial intelligence-related research
leading to a masters or doctorate degree by providing funding
and other assistance, and by providing graduate students
opportunities for research experiences in government or
industry related to the students' artificial intelligence
studies.
(ii) Use of funds.--An institution of higher education
shall use grant funds provided under clause (i) for the
purposes of--
(I) providing traineeships to students who are pursuing
research in artificial intelligence leading to a masters or
doctorate degree;
(II) paying tuition and fees for students receiving
traineeships who are citizens, nationals, or lawfully
admitted permanent resident aliens of the United States;
(III) creating and requiring courses or training programs
in technology ethics for students receiving traineeships;
(IV) creating opportunities for research in technology
ethics for students receiving traineeships;
(V) establishing scientific internship programs for
students receiving traineeships in artificial intelligence at
for-profit institutions, nonprofit research institutions, or
government laboratories; and
(VI) other costs associated with the administration of the
program.
(B) Artificial intelligence fellowships.--The Director of
the National Science Foundation shall award fellowships to
masters and doctoral students and postdoctoral researchers at
institutions of higher education who are pursuing degrees or
research in artificial intelligence and related fields,
including in the field of technology ethics. In making such
awards, the Director shall--
(i) ensure recipients of artificial intelligence
fellowships are citizens, nationals, or lawfully admitted
permanent resident aliens of the United States; and
(ii) conduct outreach, including through formal
solicitations, to solicit proposals from students and
postdoctoral researchers seeking to carry out research in
aspects of technology ethics with relevance to artificial
intelligence systems.
(C) Faculty recruitment fellowships.--
(i) In general.--The Director of the National Science
Foundation shall establish a program to award grants to
institutions of higher education to recruit and retain
tenure-track or tenured faculty in artificial intelligence
and related fields.
(ii) Use of funds.--An institution of higher education
shall use grant funds provided under clause (i) for the
purposes of--
(I) recruiting new tenure-track or tenured faculty members
to that conduct research and teaching in artificial
intelligence and related fields and research areas, including
technology ethics; and
(II) paying salary and benefits for the academic year of
newly recruited tenure-track or tenured faculty members for a
duration of up to three years.
(D) Faculty technology ethics fellowships.--
(i) In general.--The Director of the National Science
Foundation shall establish a program to award fellowships to
tenure-track and tenured faculty in social and behavioral
sciences, ethics, law, and related fields to develop new
research projects and partnerships in technology ethics,
[[Page H3316]]
in collaboration with faculty conducting empirical research
in artificial intelligence and related fields.
(ii) Purposes.--The purposes of such fellowships are to
enable researchers in social and behavioral sciences, ethics,
law, and related fields to establish new research and
education partnerships with researchers in artificial
intelligence and related fields; learn new techniques and
acquire systematic knowledge in artificial intelligence and
related fields; shift their research to focus on technology
ethics; and mentor and advise graduate students and postdocs
pursuing research in technology ethics.
(iii) Uses of funds.--A fellowship may include salary and
benefits for up to one academic year and additional expenses
to support coursework or equivalent training in artificial
intelligence systems.
(E) Update to robert noyce teacher scholarship program.--
Section 10(i)(5) of the National Science Foundation
Authorization Act of 2002 (42 U.S.C. 1862n-1(i)(5)) is
amended by inserting ``and artificial intelligence'' after
``computer science''.
(4) Update to advanced technological education program.--
(A) In general.--Section 3(b) of the Scientific and
Advanced-Technology Act of 1992 (42 U.S.C. 1862(i)) is
amended by striking ``10'' and inserting ``12''.
(B) Artificial intelligence centers of excellence.--The
Director of the National Science Foundation shall establish
national centers of scientific and technical education to
advance education and workforce development in areas related
to artificial intelligence pursuant to Section 3 of the
Scientific and Advanced-Technology Act of 1992 (42 U.S.C.
1862(i)). Activities of such centers may include--
(i) the development, dissemination, and evaluation of
curriculum and other educational tools and methods in
artificial intelligence related fields and research areas,
including technology ethics;
(ii) the development and evaluation of artificial
intelligence related certifications for 2-year programs; and
(iii) interdisciplinary science and engineering research in
employment-based adult learning and career retraining related
to artificial intelligence fields.
TITLE V--DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE RESEARCH PROGRAM
SEC. 5501. DEPARTMENT OF ENERGY ARTIFICIAL INTELLIGENCE
RESEARCH PROGRAM.
(a) In General.--The Secretary shall carry out a cross-
cutting research and development program to advance
artificial intelligence tools, systems, capabilities, and
workforce needs and to improve the reliability of artificial
intelligence methods and solutions relevant to the mission of
the Department. In carrying out this program, the Secretary
shall coordinate across all relevant offices and programs at
the Department, including the Office of Science, the Office
of Energy Efficiency and Renewable Energy, the Office of
Nuclear Energy, the Office of Fossil Energy, the Office of
Electricity, the Office of Cybersecurity, Energy Security,
and Emergency Response, the Advanced Research Projects
Agency-Energy, and any other relevant office determined by
the Secretary.
(b) Research Areas.--In carrying out the program under
subsection (a), the Secretary shall award financial
assistance to eligible entities to carry out research
projects on topics including--
(1) the application of artificial intelligence systems to
improve large-scale simulations of natural and other
phenomena;
(2) the study of applied mathematics, computer science, and
statistics, including foundations of methods and systems of
artificial intelligence, causal and statistical inference,
and the development of algorithms for artificial intelligence
systems;
(3) the analysis of existing large-scale datasets from
science and engineering experiments and simulations,
including energy simulations and other priorities at the
Department as determined by the Secretary using artificial
intelligence tools and techniques;
(4) the development of operation and control systems that
enhance automated, intelligent decisionmaking capabilities;
(5) the development of advanced computing hardware and
computer architecture tailored to artificial intelligence
systems, including the codesign of networks and computational
hardware;
(6) the development of standardized datasets for emerging
artificial intelligence research fields and applications,
including methods for addressing data scarcity; and
(7) the development of trustworthy artificial intelligence
systems, including--
(A) algorithmic explainability;
(B) analytical methods for identifying and mitigating bias
in artificial intelligence systems; and
(C) safety and robustness, including assurance,
verification, validation, security, and control.
(c) Technology Transfer.--In carrying out the program under
subsection (a), the Secretary shall support technology
transfer of artificial intelligence systems for the benefit
of society and United States economic competitiveness.
(d) Facility Use and Upgrades.--In carrying out the program
under subsection (a), the Secretary shall--
(1) make available high-performance computing
infrastructure at national laboratories;
(2) make any upgrades necessary to enhance the use of
existing computing facilities for artificial intelligence
systems, including upgrades to hardware;
(3) establish new computing capabilities necessary to
manage data and conduct high performance computing that
enables the use of artificial intelligence systems; and
(4) maintain and improve, as needed, networking
infrastructure, data input and output mechanisms, and data
analysis, storage, and service capabilities.
(e) Ethics.--
(1) In general.--Not later than 18 months after the date of
enactment of this Act, the Secretary shall amend grant
proposal instructions to include a requirement for an ethics
statement to be included as part of any proposal for funding
prior to making the award. Such statement shall be considered
by the Secretary in the review of proposals, taking into
consideration any relevant input from the peer-reviewers for
the proposal, and shall factor into award decisions as deemed
necessary by the Secretary. Such statements may include, as
appropriate--
(A) the potential societal benefits of the research;
(B) any foreseeable or quantifiable risks to society,
including how the research could enable products,
technologies, or other outcomes that could intentionally or
unintentionally cause significant societal harm; and
(C) how technical or social solutions can mitigate such
risks and, as appropriate, a plan to implement such
mitigation measures.
(2) Guidance.--The Secretary shall issue clear guidance on
what constitutes risks as described in section (1)(B), and to
the extent practical harmonize this policy with existing
ethical policies or related requirements for human subjects.
(3) Annual reports.--The Secretary shall encourage awardees
to update their ethics statements as appropriate as part of
the annual reports required by all awardees under the grant
terms and conditions.
(f) Risk Management.--The Secretary shall review agency
policies for risk management in artificial intelligence
related projects and issue as necessary policies and
principles that are consistent with the framework developed
under section 5301(b).
(g) Data Privacy and Sharing.--The Secretary shall review
agency policies for data sharing with other public and
private sector organizations and issue as necessary policies
and principles that are consistent with the standards and
guidelines submitted under section 5301(c). In addition, the
Secretary shall establish a streamlined mechanism for
approving research projects or partnerships that require
sharing sensitive public or private data with the Department.
(h) Partnerships With Other Federal Agencies.--The
Secretary may request, accept, and provide funds from other
Federal departments and agencies, State, United States
territory, local, or Tribal government agencies, private
sector for-profit entities, and nonprofit entities, to be
available to the extent provided by appropriations Acts, to
support a research project or partnership carried out under
this section. The Secretary may not give any special
consideration to any agency or entity in return for a
donation.
(i) Stakeholder Engagement.--In carrying out the activities
authorized in this section, the Secretary shall--
(1) collaborate with a range of stakeholders including
small businesses, institutes of higher education, industry,
and the National Laboratories;
(2) leverage the collective body of knowledge from existing
artificial intelligence and machine learning research; and
(3) engage with other Federal agencies, research
communities, and potential users of information produced
under this section.
(j) Definitions.--In this section:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Energy.
(2) Department.--The term ``Department'' means the
Department of Energy.
(3) National laboratory.--The term ``national laboratory''
has the meaning given such term in section 2 of the Energy
Policy Act of 2005 (42 U.S.C. 15801).
(4) Eligible entities.--The term ``eligible entities''
means--
(A) an institution of higher education;
(B) a National Laboratory;
(C) a Federal research agency;
(D) a State research agency;
(E) a nonprofit research organization;
(F) a private sector entity; or
(G) a consortium of 2 or more entities described in
subparagraph (A) through (F).
The SPEAKER pro tempore. The bill, as amended, is debatable for 1
hour equally divided and controlled by the chair and ranking minority
member of the Committee on Armed Services.
The gentleman from Washington (Mr. Smith) and the gentleman from
Texas (Mr. Thornberry) each will control 30 minutes.
The Chair recognizes the gentleman from Washington.
General Leave
Mr. SMITH of Washington. Mr. Speaker, I ask unanimous consent that
all Members have 5 legislative days in which to revise and extend their
remarks and to include extraneous material on H.R. 6395.
The SPEAKER pro tempore. Is there objection to the request of the
gentleman from Washington?
There was no objection.
Mr. SMITH of Washington. Mr. Speaker, I yield myself such time as I
may consume.
Mr. Speaker, we have before us today the National Defense
Authorization
[[Page H3317]]
Act for Fiscal Year 2021. It is an important piece of legislation that
we have done every year for 59 consecutive years. We are going for 60
this year.
It is incredibly important that the United States Congress, the House
and the Senate, exercise our oversight over the Department of Defense
and our national security budget and priorities, and this bill reflects
that.
I want to start by thanking a lot of people who have done an enormous
amount of work to make this possible. We started in committee a couple
of weeks ago. We had over 650 amendments submitted to the original mark
of the chairman and the subcommittee marks. We processed those
amendments and actually adopted 475 amendments in committee.
I want to thank our staff more than I possibly can for the incredible
amount of work that they did to go through all of those amendments, to
work with Members, to work with various interested parties to get us to
that product. I am very pleased that we were able to get that done, and
we passed the bill out of the Armed Services Committee unanimously, 56-
0, with broad support.
At this point, I want to thank the ranking member of the committee,
Mr. Thornberry, for his incredible leadership during this process. He
has been a terrific partner, both when he was chairman of the committee
and now that he is the ranking member of the committee.
As all of you know, this will be his last NDAA, as he is retiring
from Congress. I want to once again thank him for his great work and
his great leadership and really emphasize a point that I have made
many, many times.
The Armed Services Committee works in a bipartisan way and produces a
legislative product in a manner that I think should be an example for
all of Congress. That does not happen by accident. It happens because
of leadership.
When Mr. Thornberry became chairman of the committee and I was
ranking member, Mac showed that leadership from the very start. He
understood the priority of getting the bill done and of working in a
bipartisan way to do that. Because of that leadership, that example has
been set for the committee, and we have been able to continue to
accomplish that.
I also want to thank the Rules Committee. That is not an easy job in
the best of times, and, as we all know, these are not the best of
times. 752 amendments were submitted to be added to this bill this
year. The Rules Committee had to sift through and process all of those
amendments to produce before you the rule that we all just approved
today.
I thank their staff for doing that incredible work and do want to
pause just one moment to thank the staff for the work they did in light
of COVID-19. We all know that things cannot be run the way they
normally are. We had to make adjustments. The staff in particular had
to make those adjustments just getting our committee hearing room set
up so that we could accommodate a social-distancing markup. It took an
enormous amount of time and technological know-how. The staff did a
fabulous job to get us to this point.
I guess what I am saying is it is no accident that we are here. A lot
of work went to get us to the point to have what I think is an
excellent product.
Again, we can't forget the central premise behind this product, and
that is to support our national security policy and to make sure that
the men and women who serve in our military, whom we assign with the
task of implementing that policy, have the tools and training and
equipment that they need to perform whatever tasks we ask them to do.
We can and should have a robust debate about what those jobs should
be, what our national security priorities are, what we should fund,
what we should do. But something we should never disagree on is the
idea that whatever that is that we decide, the troops, the men and
women who are charged with implementing it, are well equipped,
protected, and supported in carrying out that mission. And that is what
we attempt to do.
This year's bill had agreement from last year's budget agreement on
our top-line budget of $741 billion. I think that was a good agreement
that we reached on the defense and nondefense discretionary budget.
And I will say, going forward, this is one of the greatest challenges
that we are going to face. We had a difficult budget environment before
COVID-19. It is even more difficult now. We are going to have to make
some very difficult choices in the decade ahead about what to fund, not
just to meet our national security priorities, but to meet all of our
priorities within that budget context.
I do want to thank the Secretary of Defense, Mark Esper, for his
leadership in this regard. The Pentagon has gone to great lengths to do
a bottom-up review, to really take a hard look at where they are
spending money and to find savings, sometimes in the tens of billions
of dollars. That type of effort is going to have to be ongoing, going
forward, if we are going to be able to have a rational national
security policy.
I also want to commend a number of the Members in our committee who
have worked to really focus on diversity in this year's bill. I
believe, in addition to the COVID-19 challenge that we face, the
reckoning that we have as a country for the historic racism,
discrimination, and bigotry that we have wrestled with, it is
enormously important that we address that. This is society-wide, but
within the Department of Defense there are issues to work on there as
well.
We fund, to the tune of $17 million, aggressive efforts to increase
the relationship between the Department of Defense and historically
Black colleges and universities, to create and grow the pipeline of
diversity into the Department of Defense, jobs both civilian and Active
Duty.
We also have now created a chair of diversity within DOD, whose job
it is to look and make sure that we are, in fact, hiring and promoting
people in a way that is equitable, and we have also set aside a special
inspector general to examine that question.
Also, thanks to the leadership of Congressman Anthony Brown and
Congresswoman Jackie Speier, amongst others, we are looking at how the
UCMJ is implemented. Is it being implemented in a way that is fair and
unbiased.
These are all efforts to create the diversity that we need within our
Armed Forces and the diversity we need within our society.
Overall, I am very, very pleased with this product. And more than
anything, I am pleased with the people who worked together to put it
together in a bipartisan way.
There are a lot of diverse opinions, not just Republican and
Democrat, but within each party. As Mr. Thornberry will attest, we are
not all the same within our own parties. Even with that diversity, we
were able to work together and produce what I think is an excellent
product that we should all be proud to support.
Mr. Speaker, I reserve the balance of my time.
Committee on House Administration,
House of Representatives,
Washington, DC, July 7, 2020.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning R.R.
6395, the National Defense Authorization Act for Fiscal Year
2021. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the Committee on House
Administration.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Committee on House
Administration does not waive any future jurisdictional claim
over the subject matters contained in the bill which fall
within its Rule X jurisdiction. I request that you urge the
Speaker to name members of this committee to any conference
committee which is named to consider such provisions.
Please place this letter into the committee report on H.R.
6395 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Zoe Lofgren,
Chairperson.
[[Page H3318]]
____
Committee on Armed Services,
House of Representatives,
Washington, DC, July 8, 2020.
Hon. Zoe Lofgren,
Chairperson, Committee on House Administration,
House of Representatives, Washington, DC.
Dear Chairperson Lofgren: Thank you for your letter
regarding H.R. 6395, the National Defense Authorization Act
for Fiscal Year 2021. I agree that the Committee on House
Administration has valid jurisdictional claims to certain
provisions in this important legislation, and I am most
appreciative of your decision not to request a referral in
the interest of expediting consideration of the bill. I agree
that by foregoing a sequential referral, the Committee on
House Administration is not waiving its jurisdiction.
Further, this exchange of letters will be included in the
committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
____
Committee on Agriculture,
House of Representatives,
Washington, DC, July 7, 2020.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
6395, the National Defense Authorization Act for Fiscal Year
2021. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the Committee on
Agriculture.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Committee on Agriculture does
not waive any future jurisdictional claim over the subject
matters contained in the bill which fall within its Rule X
jurisdiction. I request that you urge the Speaker to name
members of the Committee on Agriculture to any conference
committee which is named to consider such provisions.
Please place this letter into the committee report on H.R.
6395 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Collin C. Peterson,
Chairman.
____
Committee on Armed Services,
House of Representatives,
Washington, DC, July 8, 2020.
Hon. Collin C. Peterson,
Chairman, Committee on Agriculture,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
6395, the National Defense Authorization Act for Fiscal Year
2021. I agree that the Committee on Agriculture has valid
jurisdictional claims to certain provisions in this important
legislation, and I am most appreciative of your decision not
to request a referral in the interest of expediting
consideration of the bill. I agree that by foregoing a
sequential referral, the Committee on Agriculture is not
waiving its jurisdiction. Further, this exchange of letters
will be included in the committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
____
Committee on Appropriations,
House of Representatives,
Washington, DC, July 8, 2020.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
6395, the National Defense Authorization Act for Fiscal Year
2021. There are certain provisions in the legislation that
fall within the rule X jurisdiction of the Committee on
Appropriations.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Committee on Appropriations
does not waive any future jurisdictional claim over the
subject matters contained in the bill which fall within its
rule X jurisdiction. I request that you urge the Speaker to
name members of this committee to any conference committee
which is named to consider such provisions.
Please place this letter into the committee report on H.R.
6395 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Nita M. Lowey,
Chairwoman.
____
Committee on Armed Services,
House of Representatives,
Washington, DC, July 8, 2020.
Hon. Nita Lowey,
Chairwoman, Committee on Appropriations,
House of Representatives, Washington, DC.
Dear Ms. Chairwoman: Thank you for your letter regarding
H.R. 6395, the National Defense Authorization Act for Fiscal
Year 2021. I agree that the Committee on Appropriations has
valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on
Appropriations is not waiving its jurisdiction. Further, this
exchange of letters will be included in the committee report
on the bill.
Sincerely,
Adam Smith,
Chairman.
____
Committee on the Budget,
House of Representatives,
Washington, DC, July 7, 2020.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
6395, the National Defense Authorization Act for Fiscal Year
2021. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the Committee on the
Budget.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Committee on the Budget does
not waive any future jurisdictional claim over the subject
matters contained in the bill which fall within its Rule X
jurisdiction. I request that you urge the Speaker to name
members of this committee to any conference committee which
is named to consider such provisions.
Please place this letter into the committee report on H.R.
6395 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
John Yarmuth,
Chairman.
____
Committee on Armed Services,
House of Representatives,
Washington, DC, July 8, 2020.
Hon. John Yarmuth,
Chairman, Committee on the Budget,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
6395, the National Defense Authorization Act for Fiscal Year
2021. I agree that the Committee on the Budget has valid
jurisdictional claims to certain provisions in this important
legislation, and I am most appreciative of your decision not
to request a referral in the interest of expediting
consideration of the bill. I agree that by foregoing a
sequential referral, the Committee on the Budget is not
waiving its jurisdiction. Further, this exchange of letters
will be included in the committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
____
Committee on Energy and Commerce,
House of Representatives,
Washington, DC, July 8, 2020.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I write concerning H.R. 6395, the
National Defense Authorization Act for Fiscal Year 2021.
There are certain provisions in the legislation that fall
within the Rule X jurisdiction of the Committee on Energy and
Commerce (Committee).
In recognition of the desire to expedite consideration of
H.R. 6395, the Committee agrees to waive this Committee's
right to sequential referral. The Committee takes this action
with the mutual understanding that we do not waive any
jurisdiction over the subject matter contained in this or
similar legislation, and that the Committee will be
appropriately consulted and involved as this bill or similar
legislation moves forward so that we may address any
remaining concerns within our jurisdiction. I also request
that you support my request to name members of the Committee
to any conference committee to consider such provisions.
Finally, I would appreciate the inclusion of this letter in
the committee report on H.R. 6395 and into the Congressional
Record during floor consideration of the measure.
Sincerely,
Frank Pallone, Jr.,
Chairman.
____
Committee on Armed Services,
House of Representatives,
Washington, DC, July 8, 2020.
Hon. Frank Pallone, Jr.,
Chairman, Committee on Energy and Commerce,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
6395, the National Defense Authorization Act for Fiscal Year
2021. I agree that the Committee on Energy and Commerce has
valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on Energy and
Commerce is
[[Page H3319]]
not waiving its jurisdiction. Further, this exchange of
letters will be included in the committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
____
Committee on Education and Labor,
House of Representatives,
Washington, DC, July 7, 2020.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning the
bill H.R. 6395, the National Defense Authorization Act for
Fiscal Year 2021. There are certain provisions in the
legislation which fall within the Rule X jurisdiction of the
Committee on Education and Labor.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill the Committee on Education and
Labor does not waive any future jurisdictional claim over the
subject matters contained in the bill which fall within its
Rule X jurisdiction. I request that you urge the Speaker to
name members of this committee to any conference committee
which is named to consider such provisions.
Please place this letter into the committee report on H.R.
6395 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Robert C. ``Bobby'' Scott,
Chairman.
____
Committee on Armed Services,
House of Representatives,
Washington, DC, July 8, 2020.
Hon. Bobby Scott,
Chairman, Committee on Education and Labor,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
6395, the National Defense Authorization Act for Fiscal Year
2021. I agree that the Committee on Education and Labor has
valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on Education
and Labor is not waiving its jurisdiction. Further, this
exchange of letters will be included in the committee report
on the bill.
Sincerely,
Adam Smith,
Chairman.
____
Committee on Foreign Affairs,
House of Representatives,
Washington, DC, July 7, 2020.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
6395, the National Defense Authorization Act for Fiscal Year
2021. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the Committee on
Foreign Affairs.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Committee on Foreign Affairs
does not waive any future jurisdictional claim over the
subject matters contained in the bill which fall within its
Rule X jurisdiction. I request that you urge the Speaker to
name members of this committee to any conference committee
which is named to consider such provisions.
Please place this letter into the committee report on H.R.
6395 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Eliot L. Engel,
Chairman.
____
Committee on Armed Services,
House of Representatives,
Washington, DC, July 8, 2020.
Hon. Eliot L. Engel,
Chairman, Committee on Foreign Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
6395, the National Defense Authorization Act for Fiscal Year
2021. I agree that the Committee on Foreign Affairs has valid
jurisdictional claims to certain provisions in this important
legislation, and I am most appreciative of your decision not
to request a referral in the interest of expediting
consideration of the bill. I agree that by foregoing a
sequential referral, the Committee on Foreign Affairs is not
waiving its jurisdiction. Further, this exchange of letters
will be included in the committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
____
Committee on Financial Services,
House of Representatives,
Washington, DC, July 8, 2020.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Mr. Chairman: I am writing to you concerning the bill
H.R. 6395, the National Defense Authorization Act for Fiscal
Year 2021. There are certain provisions in the legislation
which fall within the Rule X jurisdiction of the Committee on
Financial Services.
In the interest of permitting your Committee to proceed
expeditiously to floor consideration of H.R. 6395, I am
willing to waive this Committee's right to sequential
referral and forego formal consideration of H.R. 6395 at this
time. I do so with the understanding that by waiving
consideration of the bill, the Committee on Financial
Services does not waive any future jurisdictional claim over
the subject matters contained in H.R. 6395 which fall within
the Committee's Rule X jurisdiction. I also do so under the
mutual understanding that the Committee on Financial Services
will be appropriately consulted and involved as this or
similar legislation moves forward. The Committee reserves the
right to seek appointment of an appropriate number of
conferees to any House-Senate conference involving H.R. 6395,
and I request that you urge the Speaker to name members of
this committee to any conference committee which is named to
consider such provisions.
Please place this letter into the Committee report on H.R.
6395 and into the Congressional Record during consideration
of the measure on the House Floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter between our respective committees.
Sincerely,
Maxine Waters,
Chairwoman.
____
Committee on Armed Services,
House of Representatives,
Washington, DC, July 8, 2020.
Hon. Maxine Waters,
Chairwoman, Committee on Financial Services,
House of Representatives, Washington, DC.
Dear Ms. Chairwoman: Thank you for your letter regarding
H.R. 6395, the National Defense Authorization Act for Fiscal
Year 2021. I agree that the Committee on Financial Services
has valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on Financial
Services is not waiving its jurisdiction. Further, this
exchange of letters will be included in the committee report
on the bill.
Sincerely,
Adam Smith,
Chairman.
____
Committee on Homeland Security,
House of Representatives,
Washington, DC, July 7, 2020.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
6395, the National Defense Authorization Act for Fiscal Year
2021. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the Committee on
Homeland Security.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Committee on Homeland Security
does not waive any future jurisdictional claim over the
subject matters contained in the bill which fall within its
Rule X jurisdiction. I request that you urge the Speaker to
name members of this committee to any conference committee
which is named to consider such provisions.
Please place this letter into the committee report on H.R.
6395 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Bennie G. Thompson,
Chairman.
____
Committee on Armed Services,
House of Representatives,
Washington, DC, July 8, 2020.
Hon. Bennie G. Thompson,
Chairman, Committee on Homeland Security,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
6395, the National Defense Authorization Act for Fiscal Year
2021. I agree that the Committee on Homeland Security has
valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on Homeland
Security is not waiving its jurisdiction. Further, this
exchange of letters will be included in the committee report
on the bill.
Sincerely,
Adam Smith,
Chairman.
[[Page H3320]]
____
Permanent Select Committee on Intelligence,
House of Representatives,
July 8, 2020.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I write in response to your staff's
request, and concerning H.R. 6395, the National Defense
Authorization Act for Fiscal Year 2021. Certain provisions in
the legislation fall within the jurisdiction of the Permanent
Select Committee on Intelligence (the ``Committee''), as
established by Rule X of the Rules of the House of
Representatives for the 116th Congress.
In the interest of expediting floor consideration of this
important bill, I am willing to waive the Committee's right
to request a sequential referral. By doing so, the Committee
docs not waive any future claim over subjects addressed in
the bill which fall within the Committee's jurisdiction. I
also request that you urge the Speaker to name members of the
Committee to any conference committee on the bill.
Please place this letter into the committee report on H.R.
6395 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Adam B. Schiff,
Chairman.
____
Committee on Armed Services,
House of Representatives,
Washington, DC, July 8, 2020.
Hon. Adam B. Schiff,
Chairman, Permanent Select Committee on Intelligence,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
6395, the National Defense Authorization Act for Fiscal Year
2021. I agree that the Permanent Select Committee on
Intelligence has valid jurisdictional claims to certain
provisions in this important legislation, and I am most
appreciative of your decision not to request a referral in
the interest of expediting consideration of the bill. I agree
that by foregoing a sequential referral, the Permanent Select
Committee on Intelligence is not waiving its jurisdiction.
Further, this exchange of letters will be included in the
committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
____
Committee on the Judiciary,
House of Representatives,
Washington, DC, July 7, 2020.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC,
Dear Chairman Smith: I am writing to you concerning H.R.
6395, the National Defense Authorization Act for Fiscal Year
2021. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the Judiciary
Committee.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Judiciary Committee does not
waive any future jurisdictional claim over the subject
matters contained in the bill which fall within its Rule X
jurisdiction. I request that you urge the Speaker to name
members of this committee to any conference committee which
is named to consider such provisions.
Please place this letter into the committee report on H.R.
6395 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Jerrold Nadler,
Chairman.
____
Committee on Armed Services,
House of Representatives,
Washington, DC, July 8, 2020.
Hon. Jerrold Nadler,
Chairman, Committee on the Judiciary,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
6395, the National Defense Authorization Act for Fiscal Year
2021. I agree that the Committee on the Judiciary has valid
jurisdictional claims to certain provisions in this important
legislation, and I am most appreciative of your decision not
to request a referral in the interest of expediting
consideration of the bill. I agree that by foregoing a
sequential referral, the Committee on the Judiciary is not
waiving its jurisdiction. Further, this exchange of letters
will be included in the committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
____
Committee on Natural Resources,
House of Representatives, Washington, DC, July 7, 2020.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
6395, the National Defense Authorization Act for Fiscal Year
2021. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the Committee on
Natural Resources.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Committee on Natural Resources
does not waive any future jurisdictional claim over the
subject matters contained in the bill which fall within its
Rule X jurisdiction. I request that you urge the Speaker to
name members of this committee to any conference committee
which is named to consider such provisions.
Please place this letter into the committee report on H.R.
6395 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Raul M. Grijalva,
Chairman,
Committee on Natural Resources.
____
Committee on Armed Services,
House of Representatives,
Washington, DC, July 8, 2020.
Hon. Raul M. Grijalva,
Chair, Committee on Natural Resources,
House of Representatives, Washington, DC.
Dear Mr. Chair: Thank you for your letter regarding H.R.
6395, the National Defense Authorization Act for Fiscal Year
2021. I agree that the Committee on Natural Resources has
valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on Natural
Resources is not waiving its jurisdiction. Further, this
exchange of letters will be included in the committee report
on the bill.
Sincerely,
Adam Smith,
Chairman.
____
Committee on Oversight and Reform, House of
Representatives,
Washington, DC, July 8, 2020.
Hon. Adam Smith,
Chairman, Committee on Armed Services, House of
Representatives, Washington, DC.
Dear Mr. Chairman: I am writing to you concerning H.R.
6395, the National Defense Authorization Act for Fiscal Year
2021. There are certain provisions in the legislation which
fall within the Rule X jurisdiction of the Committee on
Oversight and Reform.
In the interest of permitting your Committee to proceed
expeditiously on this bill, I am willing to waive this
Committee's right to sequential referral. I do so with the
understanding that by waiving consideration of the bill, the
Committee on Oversight and Reform does not waive any future
jurisdictional claim over the subject matters contained in
the bill which fall within its Rule X jurisdiction. I request
that you urge the Speaker to name Members of this Committee
to any conference committee which is named to consider such
provisions.
Please place this letter into the Congressional Record
during consideration of the measure on the House floor. Thank
you for the cooperative spirit in which you have worked
regarding this matter and others between our respective
Committees.
Sincerely,
Carolyn B. Maloney,
Chairwoman.
____
Committee on Armed Services,
House of Representatives,
Washington, DC, July 8, 2020.
Hon. Carolyn B. Maloney,
Chairwoman, Committee on Oversight and Reform, House of
Representatives, Washington, DC.
Dear Ms. Chairwoman: Thank you for your letter regarding
H.R. 6395, the National Defense Authorization Act for Fiscal
Year 2021. I agree that the Committee on Oversight and Reform
has valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on Oversight
and Reform is not waiving its jurisdiction. Further, this
exchange of letters will be included in the committee report
on the bill.
Sincerely,
Adam Smith,
Chairman.
____
Committee on Small Business,
House of Representatives,
Washington, DC, July 7, 2020.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
6395, the National Defense Authorization Act for Fiscal Year
2021. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the Committee on Small
Business.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of
[[Page H3321]]
the bill, the Committee on Small Business does not waive any
future jurisdictional claim over the subject matters
contained in the bill which fall within its Rule X
jurisdiction. I request that you urge the Speaker to name
members of this committee to any conference committee which
is named to consider such provisions.
Please place this letter into the committee report on H.R.
6395 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Nydia M. Velazquez,
Chairwoman.
____
Committee on Armed Services,
House of Representatives,
Washington, DC, July 8, 2020.
Hon. Nydia M. Velazquez,
Chairwoman, Committee on Small Business,
House of Representatives, Washington, DC.
Dear Ms. Chairwoman: Thank you for your letter regarding
H.R. 6395, the National Defense Authorization Act for Fiscal
Year 2021. I agree that the Committee on Small Business has
valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on Small
Business is not waiving its jurisdiction. Further, this
exchange of letters will be included in the committee report
on the bill.
Sincerely,
Adam Smith,
Chairman.
____
Committee on Science, Space, and Technology, House of
Representatives,
Washington, DC, July 7, 2020.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
6395, the National Defense Authorization Act for Fiscal Year
2021. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the Committee on
Science, Space, and Technology.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Committee on Science, Space,
and Technology does not waive any future jurisdictional claim
over the subject matters contained in the bill which fall
within its Rule X jurisdiction. I request that you urge the
Speaker to name members of this committee to any conference
committee which is named to consider such provisions.
Please place this letter into the committee report on H.R.
6395 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Eddie Bernice Johnson,
Chairwoman.
____
Committee on Armed Services,
House of Representatives,
Washington, DC, July 8, 2020.
Hon. Eddie Bernice Johnson,
Chairwoman, Committee on Science, Space, and Technology,
House of Representatives, Washington, DC.
Dear Ms. Chairwoman: Thank you for your letter regarding
H.R. 6395, the National Defense Authorization Act for Fiscal
Year 2021. I agree that the Committee on Science, Space, and
Technology has valid jurisdictional claims to certain
provisions in this important legislation, and I am most
appreciative of your decision not to request a referral in
the interest of expediting consideration of the bill. I agree
that by foregoing a sequential referral, the Committee on
Science, Space, and Technology is not waiving its
jurisdiction. Further, this exchange of letters will be
included in the committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
____
Committee on Transportation and Infrastructure, House of
Representatives,
Washington, DC, July 7, 2020.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I write to you concerning H.R. 6395,
the National Defense Authorization Act for Fiscal Year 2021.
There are certain provisions in this legislation that fall
within the Rule X jurisdiction of the Committee on
Transportation and Infrastructure.
In the interest of permitting your committee to proceed
expeditiously to floor consideration, I am willing to waive
this Committee's right to a sequential referral. I do so with
the mutual understanding that by waiving consideration of the
bill, the Committee on Transportation and Infrastructure does
not waive any future jurisdictional claim over the subject
matters contained in the bill which fall within its Rule X
jurisdiction. I also request that you urge the Speaker to
name members of this Committee to any conference committee
which is named to consider such provisions.
Please place a copy of this letter and your response
acknowledging our jurisdictional interest into the committee
report on H.R. 6395 and into the Congressional Record during
consideration of the measure on the House floor. Thank you
for the cooperative spirit in which you have worked regarding
this matter between our respective committees.
Sincerely,
Peter A. DeFazio,
Chair.
____
Committee on Armed Services,
House of Representatives,
Washington, DC, July 8, 2020.
Hon. Peter DeFazio,
Chairman, Committee on Transportation and Infrastructure,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
6395, the National Defense Authorization Act for Fiscal Year
2021. I agree that the Committee on Transportation and
Infrastructure has valid jurisdictional claims to certain
provisions in this important legislation, and I am most
appreciative of your decision not to request a referral in
the interest of expediting consideration of the bill. I agree
that by foregoing a sequential referral, the Committee on
Transportation and Infrastructure is not waiving its
jurisdiction. Further, this exchange of letters will be
included in the committee report on the bill.
Sincerely,
Adam Smith,
Chairman.
____
Committee on Veterans' Affairs,
House of Representatives,
Washington, DC, July 7, 2020.
Hon. Adam Smith,
Chairman, Committee on Armed Services,
House of Representatives, Washington, DC.
Dear Chairman Smith: I am writing to you concerning H.R.
6395, the National Defense Authorization Act for Fiscal Year
2021. There are certain provisions in the legislation that
fall within the Rule X jurisdiction of the Committee on
Veterans' Affairs.
In the interest of permitting your committee to proceed
expeditiously to floor consideration of this important bill,
I am willing to waive this committee's right to sequential
referral. I do so with the understanding that by waiving
consideration of the bill, the Committee on Veterans' Affairs
does not waive any future jurisdictional claim over the
subject matters contained in the bill which fall within its
Rule X jurisdiction. I request that you urge the Speaker to
name members of this committee to any conference committee
which is named to consider such provisions.
Please place this letter into the committee report on H.R.
6395 and into the Congressional Record during consideration
of the measure on the House floor. Thank you for the
cooperative spirit in which you have worked regarding this
matter and others between our respective committees.
Sincerely,
Mark Takano,
Chairman.
____
Committee on Armed Services,
House of Representatives,
Washington, DC, July 8, 2020.
Hon. Mark Takano,
Chairman, Committee on Veterans' Affairs,
House of Representatives, Washington, DC.
Dear Mr. Chairman: Thank you for your letter regarding H.R.
6395, the National Defense Authorization Act for Fiscal Year
2021. I agree that the Committee on Veterans' Affairs has
valid jurisdictional claims to certain provisions in this
important legislation, and I am most appreciative of your
decision not to request a referral in the interest of
expediting consideration of the bill. I agree that by
foregoing a sequential referral, the Committee on Veterans'
Affairs is not waiving its jurisdiction. Further, this
exchange of letters will be included in the committee report
on the bill.
Sincerely,
Adam Smith,
Chairman.
{time} 1345
Mr. THORNBERRY. Mr. Speaker, I yield myself 3 minutes.
Mr. Speaker, first, I want to say, like all my colleagues, I mourn
the passing of John Lewis. As someone said this weekend, he lived a
consequential life and, I would add, one that we all admire.
Mr. Speaker, on the bill before us, I am very grateful for the kind
words of Chairman Smith, as well as for the generous amendment he
offered in committee related to the name of this bill and also the very
generous response of all Members on both sides of the aisle.
I will confess, Mr. Speaker, that all of this naming business makes
me a
[[Page H3322]]
little uncomfortable because this bill is not about any of us. It is
about the men and women who serve our Nation, their families, and
American national security. As the chairman points out, that was the
focus of this bill for 59 straight years. With his leadership and the
leadership of Senator Reed and Senator Inhofe, I am sure that it will
be number 60.
Obviously, I do not agree with everything that is in the bill, but on
balance, it is a good bill. In some particular areas, it is a very good
bill. I want to highlight, for example, the family resiliency and
readiness provisions, thanks to good work from Mr. Kelly and Ms.
Speier.
I want to highlight a number of cyber and artificial intelligence
provisions, thanks to the good work of Mr. Langevin, Ms. Stefanik, Mr.
Gallagher, who chaired one of the committees we set up.
A number of provisions in this bill strengthen relationships with
partners and allies, and among others who have worked on this are Mr.
Gallego, Mr. Crow, Ms. Cheney, and Mr. Turner. There is a lot of very
good substance in this bill.
Bringing it all together, I want to credit the leadership of the
chairman, not only for assembling a bill of good substance, but for
passing it by a vote of 56-0 and doing so in a very, very challenging
time.
I join him in applauding the staff for not just the substance but the
logistics, all that is required to bring this bill to us.
Finally, Mr. Speaker, I can't help but note that whenever there is a
crisis in this country, we turn to the military, and we have seen that
several times just within the past few months. So the thrust of this
bill is to say, okay, if we are going to turn to the military in times
of crisis, then we need to support them with the best training, the
best equipment, the best support of all kinds that we can provide.
Because they are there for us, we need to be there for them.
That is the thrust of this bill this year, as it has been in the
past, and I believe it certainly deserves Members' support as we move
forward.
Mr. Speaker, I reserve the balance of my time.
Mr. SMITH of Washington. Mr. Speaker, I yield 3\1/2\ minutes to the
gentleman from Rhode Island (Mr. Langevin), the chairman of the
Intelligence and Emerging Threats and Capabilities Subcommittee.
Mr. LANGEVIN. Mr. Speaker, I rise today in strong support of H.R.
6395, the National Defense Authorization Act for Fiscal Year 2021.
I want to begin by congratulating Chairman Smith and Ranking Member
Thornberry for the strong bipartisan bill, which was unanimously passed
by the committee 56-0. I am particularly pleased with the provisions in
our Intelligence and Emerging Threats and Capabilities portion of the
bill.
My subcommittee's provisions reflect key national security interests
and critical defense oversight areas, including intelligence, cyber,
science and technology, and Special Operations Forces.
Mr. Speaker, I want to thank Ranking Member Stefanik for her
bipartisan cooperation, and I want to thank the other members of the
subcommittee for their extraordinary input that make this mark so
strong. Sound collaboration is what sets this committee apart as we
maintain the now 60-year tradition of passing an annual defense
authorization bill to support members of the military and provide for
our national security. The ranking member, the vice chair, Mr. Crow,
and my IETC colleagues exemplify this spirit.
I would also like to thank, of course, the staff, who without their
input and work, this would not be possible. Committee staff Shannon,
Josh, Jessica, Bess, Eric, Jason, and Caroline; my military legislative
assistant, Caroline; and fellows Matt and Allison were instrumental in
its development, and my legislative director, Nick.
Mr. Speaker, our subcommittee mark aligns intelligence and security
capabilities to the National Defense Strategy, and I am particularly
proud that it incorporates recommendations from two commissions
comprising some of our Nation's most forward-thinking defense experts.
The National Security Commission on Artificial Intelligence's work
will lay the foundation for the country's workforce, ethics, and
security requirements as machine learning and artificial intelligence
tools become more prevalent.
The Cyberspace Solarium Commission, which I had the pleasure to serve
on with my colleague, Congressman Gallagher, who co-chaired the
commission, has provided a strategic vision of layered cyber
deterrence, and this bill includes nearly 20 recommendations to
implement it.
This bill enriches the Department of Defense science and technology
ecosystem. We add over $600 million in science and technology funding
to confront rising science powers.
We restore $135 million to the cooperative threat reduction account,
fixing a devastating cut in the President's budget.
We add over $1 billion in a pandemic preparedness and resilience
national security fund.
Mr. Speaker, great power competition also is a race for talent. This
bill diversifies the Department's workforce and emphasizes
collaboration with historically Black colleges and universities and
minority institutions. It will also protect foreign students at our
great universities from being deported. It also ensures that Special
Operations Forces remain the most talented, professional, agile, and
ready force postured for high-end missions.
Finally, our bill funds the Navy's number one procurement priority,
the Columbia-class submarine, and it restores funding for two Virginia-
class boats, one of which had been cut by the President. I know what
amazing capabilities these submarines provide because they are built in
my district in Rhode Island by the hardworking men and women of
Electric Boat, and I was proud to work with Chairman Courtney on these
provisions.
Mr. Speaker, this bill demonstrates our commitment to national
security while increasing oversight and reducing redundancy to ensure
our taxpayer dollars are spent efficiently and effectively, and I urge
my colleagues to support it.
Mr. THORNBERRY. Mr. Speaker, I yield 3 minutes to the gentleman from
Ohio (Mr. Turner), the ranking member of the Subcommittee on Strategic
Forces.
Mr. TURNER. Mr. Speaker, I want to join Ranking Member Thornberry in
noting the passing of John Lewis. His heroism and his eloquence
challenged us all, and he will be sorely missed.
Mr. Speaker, I also want to begin by thanking Chairman Adam Smith.
Our chairman reached out to the other side and said that he wanted to
do a bipartisan bill. That sounds easy, but in this environment, it is
not. It is highly substantive. It takes negotiation. It takes a lot
more work than a partisan bill does. And he achieved that with a
unanimous vote coming out of committee. That takes compromise, but this
bill does not compromise at all for national security.
Mr. Speaker, I would like to recognize our ranking member, who will
be retiring. I have served with him for 18 years. I have appreciated
his mentorship, and I am very glad that this bill bears his name, in
honor of his time here.
This bill also authorizes the administration's full request for the
National Nuclear Security Administration. These funds are critical to
ensuring our nuclear weapons enterprise remains safe, secure, and
effective. We have put off this investment too long; we do not have any
additional time.
Our nuclear forces are at work every day. They stand as a silent
testament to deter our adversaries and to support our allies. Without
our nuclear forces as a credible and silent deterrent, the world would
be less safe.
This bill fully funds the ground-based strategic deterrent, the
replacement for the Minuteman III. It is critical that Congress support
this effort with this funding.
The bill also provides progress for Space Force, provides stability
for the National Security Space Launch program, and makes investments
in missile defense by funding two of the Missile Defense Agency's
highest priorities, including the 10 SM-3 Block IIA and the eighth
THAAD battery.
The NDAA will provide support to the people who defend our country.
Our troops are receiving a 3 percent pay raise for the second year in a
row. This
[[Page H3323]]
bill expands the rights of men and women in uniform and their families
residing in military housing and provides more oversight over the
private companies responsible for maintaining the health and safety of
these homes.
This bill also provides remarkable strides in military justice. Over
the last decade, we made great strides in military justice.
This bill also provides protection for sexual assault victims. They
are gaining more rights on appeal, greater access to court records, and
additional protection from retaliatory punishment.
I also want to thank Congressman Anthony Brown for his work on
advancing diversity and equality in our servicemember ranks. I was very
proud to work with Congressman Brown to advance concrete steps to
promote diversity. This year's NDAA creates the position of chief
diversity officer for DOD and establishes a diversity and inclusion
advisory council. It creates more scholarship opportunities in
historically Black colleges.
The NDAA enhances our national security and improves the lives of our
servicemembers. I urge all of my colleagues to support it. Any cuts in
funding to this bill would severely weaken our Nation at a time when we
are facing some of our clearest threats.
Mr. SMITH of Washington. Mr. Speaker, I yield 2 minutes to the
gentleman from Tennessee (Mr. Cooper), the chairman of the Strategic
Forces Subcommittee.
Mr. COOPER. Mr. Speaker, I am proud today to speak on behalf of the
Strategic Forces portion of the Mac Thornberry National Defense
Authorization Act for Fiscal Year 2021.
Mr. Speaker, I would like to thank Ranking Member Thornberry for his
outstanding 25 years of service in this Congress.
Mr. Speaker, I would also like to extend my thanks to Ranking Member
Turner and all of our subcommittee members for their contributions to
the bill. Our subcommittee has particularly heavy, often technical
responsibilities.
This bill does make America stronger and safer by improving the odds
for peace and stability with regard to our nuclear forces, hypersonic
weapons, and space and missile defense.
Preventing a nuclear attack is the first responsibility of the U.S.
Government. It is absolutely imperative to ensure our nuclear forces
are safe, secure, and reliable and that we strengthen our
nonproliferation efforts. This mark ensures that the Departments of
Defense and Energy are wisely spending their budgets in a responsible
and efficient manner.
Regarding space, we continue our focus on protecting our space
assets. The bill also focuses on near-term priorities for hypersonic
weapons in a way that avoids increasing the risks of ambiguity and
miscalculation.
We continue oversight in missile defense, including supporting U.S.-
Israeli cooperation. In addition, after the failure of the redesigned
kill vehicle program, the bill strengthens oversight of the next-
generation interceptor program.
Mr. Speaker, before I close, I would like to thank our outstanding
staff: Leonor Tomero, Jason Schmid, Maria Vastola, Grant Schneider, and
Zach Taylor.
Mr. THORNBERRY. Mr. Speaker, I yield 3 minutes to the gentleman from
Colorado (Mr. Lamborn), the distinguished ranking member of the
Subcommittee on Readiness.
Mr. LAMBORN. Mr. Speaker, today, I rise in strong support of H.R.
6395, the William M. (Mac) Thornberry National Defense Authorization
Act for Fiscal Year 2021.
Sun Tzu said that ``the art of war teaches us to rely not on the
likelihood of the enemy's not coming, but on our own readiness to
receive him; not on the chance of his not attacking, but rather on the
fact that we have made our position unassailable.''
As reported out of committee, this NDAA funds essential military
readiness to support the National Defense Strategy.
The legislation does a number of things. It makes significant
investments in operations and maintenance and military construction;
invests in essential capabilities to retain military overmatch,
including cyber, space, hypersonics, ground-based strategic deterrent,
and artificial intelligence; begins recapitalizing our surge sealift
fleet; addresses shortfalls in refueling capacity; requires that DOD
develop a long-term sustainment strategy; codifies the DOD Office of
Economic Adjustment; improves energy and critical infrastructure
resilience; requires responsible water use by installations; improves
transparency regarding PFAS releases; authorizes National Guard access
to DOD funds for PFAS remediation; and continues military housing so as
to protect the families.
Mr. Speaker, I want to thank my friend and colleague, John
Garamendi, for his leadership on the Readiness Subcommittee, and
Chairman Smith and Ranking Member Thornberry for their leadership to
get this to the floor. Representative Thornberry has left a strong mark
on this Nation's national defense, and we appreciate his dedication.
This legislation reflects the hard work of Members on both sides as
well as the bipartisan staff.
Mr. Speaker, this morning, I voted against the rule. I did so because
the Democratic leadership appears to be playing political games that
could undermine all of this good work. One amendment would reduce the
defense top line, if accepted, by 10 percent. By requiring the
Department to fully fund all the personnel and medical accounts, all
other accounts would have to decrease by 16 percent, more than twice
the cuts imposed under sequestration. That would devastate readiness.
Rules also made in order include two massive land amendments
affecting Colorado and Arizona and other States. These have nothing to
do with national defense, and they are opposed by many citizens of
those States.
{time} 1400
Using servicemembers and their families as pawns to support a
partisan agenda is just wrong, so I truly hope this remains a bill that
I can vote for after this debate.
Mr. SMITH of Washington. Mr. Speaker, I yield 2 minutes to the
gentleman from Connecticut (Mr. Courtney), the chairman of the Seapower
and Projection Forces Subcommittee.
Mr. COURTNEY. Mr. Speaker, Article I, Section 8 of the Constitution
states: ``Congress shall have the power . . . to provide and maintain a
Navy.'' The Seapower and Projection Force's Subcommittee mark in this
year's 2021 NDAA rises to that constitutional duty with a coherent,
workable shipbuilding plan and a Projection Force mark that ensures air
and sealift forces are capable of fulfilling their mission.
It became abundantly clear when the administration sent over its 2021
budget that we were facing daunting challenges in our subcommittee's
jurisdiction. Airlift and sealift were underresourced; the Navy
shipbuilding budget was cut by 17 percent from last year; the request
for new ships as verified by the Congressional Research Service was
seven, the lowest since 2009; and the statutory requirement for the
Department of Defense to submit a 30-year shipbuilding plan was, and
continues to be, brazenly ignored.
Our mark corrects these hits to our shipbuilding industrial base and
is aligned to the Navy's actual requested priorities that were not
included in February's budget. This includes nine ships, including the
first Columbia-class ballistic submarine, two Arleigh Burke destroyers,
and two Virginia-class submarines, to name a few.
I want to foot-stomp that the mark reverses one of the most
compounding elements of the administration's budget: the elimination of
a Virginia-class submarine, which would disrupt the two-a-year build
rate for the first time in a decade that Congress has diligently
sustained.
We have heard Navy officials confirm that there is industrial base
capacity to support a second sub in 2021, and that platform is their
number one unfunded priority. Its production represents the most cost-
effective way to mitigate our declining submarine fleet.
Even more importantly, we heard from combatant commands in the
Pacific and Atlantic about the need to stop that decline and retain our
undersea superiority as the most effective deterrent to keep the peace.
We fixed that flaw in our work, and we did it underneath the bipartisan
budget caps.
Mr. Speaker, all of this was accomplished with teamwork, and I want
to thank my friend and colleague, Ranking Member Rob Wittman, all of
the subcommittee members, and our amazing staff: Phil MacNaughton, Dave
[[Page H3324]]
Sienicki, Kelly Goggin, and Sean Falvey. And I also want to thank
Lieutenant Commander Cam Massey, our Navy fellow in our office, who was
instrumental in getting this fine product.
I urge passage of the Thornberry NDAA.
Mr. THORNBERRY. Mr. Speaker, I yield 3 minutes to the gentleman from
Virginia (Mr. Wittman), the distinguished ranking member of the
Subcommittee on Seapower and Projection Forces.
Mr. WITTMAN. Mr. Speaker, I thank the ranking member for yielding.
In committee, we went through over 600 amendments and 12 hours of
debate to arrive at this point, and we definitely had our share of
differences along the way; but, in the end, we were able to come
together to arrive at a very good bipartisan bill.
But this floor debate is quite different. The majority has elected to
add several nongermane bills to the NDAA at Rules that have nothing to
do with defense. And perhaps even more problematic, these bills are
partisan and have been recommended that they be vetoed by the President
if they were to pass alone. So the majority has decided to tack it on
to a must-pass piece of legislation.
We should not use our servicemembers as a tool to achieve a partisan
agenda. I voted in opposition to the rule, and I hope that I can vote
for final passage of the Mac Thornberry National Defense Authorization
Act.
I do, though, want to highlight three areas of note that accelerate
our national security in the Seapower and Projection Forces
Subcommittee. In the undersea warfare, we made the biggest move in the
bill by authorizing a second Virginia-class submarine.
It is imperative that we move to accelerate the entirety of the
undersea capabilities and say to potential aggressors: Today is not
your day. Dissuading aggressor nations is the cornerstone of peace upon
which our national security and our collective economy rest.
Another area that I take great pride in supporting is the continued
investment in our surge sealift. The authorization of four additional
sealift vessels and a new tanker security program are essential
elements to getting the Army and Marine Corps to distant shores.
Finally, we continue strong oversight of our existing resources in
limiting funds for a deficient KC-46A tanker and a promising but
unproven unmanned surface vessel fleet.
Before I conclude, I want to specifically thank Chairman Courtney and
his team, who led a strong bipartisan mark. Chairman Courtney has been
tremendous and is a fantastic Seapower Projection Forces chairman, and
I look forward to continuing to work with him to deliver the Seapower
Projection Forces our Nation needs. He is, indeed, the example of a
servant leader and one that works in a bipartisan manner.
My friends, this is a good bill that, in its current form, is worthy
of support. I look forward to saying that I was part of passing the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021.
Mr. SMITH of Washington. Mr. Speaker, I yield 2 minutes to the
gentlewoman from California (Ms. Speier), the chair of the Subcommittee
on Military Personnel.
Ms. SPEIER. Mr. Speaker, I thank the chair for yielding and for his
outstanding leadership and to Ranking Member Thornberry for an
outstanding job over his 25 years.
I am proud to speak in support of this bipartisan bill that was
passed unanimously out of committee. The subcommittee accepted 111
total amendments: 37 from the Republicans and 74 from the Democrats.
I would like to thank Ranking Member Kelly, whom I enjoyed working
with, and the other members of the committee and the herculean work
from our staff: Craig, Dave, Hannah, Glenn, Danielle, and from my
personal staff, Josh, Yanna, Brian, and Luke.
This bill continues the committee's tradition of improving the lives
of servicemembers and their families by authorizing a 3 percent pay
raise, requiring standardization and significant improvements to the
Exceptional Family Member Program, expanding 24-hour childcare
availability and addressing provider shortages, improving sexual
assault and intimate-partner violence prevention and response, and
delaying the Department's plan to cut the military health system to
ensure they are able to respond to future pandemics.
Americans are finally confronting the injustice of systemic racism,
and this bill initiates monumental changes in the military by creating
a DOD chief diversity officer; establishing a diversity and inclusion
council; and requiring the services to establish goals for increasing
representation of servicemembers who are women and persons of color up
the ranks, stripping personally identifiable information at promotion
boards to improve fairness, creating a special inspector general for
racial and ethnic disparities to review discrepancies in the military
justice and personnel systems, and to investigate white supremacist
activities and adding a violent extremism article to the Uniform Code
of Military Justice.
It also better protects our servicemembers from sexual and domestic
violence by creating a sexual assault prosecution pilot program at the
service academies, a system of military court protective orders, and a
military-civilian task force on domestic violence.
Mr. Speaker, as I have visited bases throughout the country, I have
told our servicemembers and their families what our credo is on the
committee: When the servicemember serves, so does his or her family. We
have made good on that promise in this bill. We owe it to our brave
servicemembers.
Mr. THORNBERRY. Mr. Speaker, I yield 3 minutes to the gentlewoman
from Missouri (Mrs. Hartzler), the distinguished ranking member of the
Subcommittee on Tactical Air and Land Forces.
Mrs. HARTZLER. Mr. Speaker, I rise in support of H.R. 6395, the
William M. (Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021. I am proud it passed unanimously out of committee,
and I am grateful it bears the name of a public servant who has fought
tirelessly for our men and women in uniform and whose steady, wise
leadership has made such a difference. This legislation is a fitting
tribute to his enduring legacy.
As the ranking member of the Tactical Air and Land Forces
Subcommittee, I thank our subcommittee chairman, Donald Norcross, for
his strong spirit of bipartisanship. I would also like to thank the
subcommittee staff--Jesse Tolleson; Bill Sutey; Heath Bope; Carla
Zeppieri; Liz Griffin; and Caroline Kehrli; my personal military
legislative director, Chrissi Lee; and Tom Spellman, my military
fellow--for their hard work on this legislation.
Within the subcommittee's jurisdiction, this bill recommends
authorization of over $118 billion in needed modernization funding
required for our competitive advantage against strategic peer
competitors such as Russia and China.
For example, the bill rightfully supports the appropriate mix of
fourth- and fifth-generation strike fighters by authorizing funding for
79 F-35 Joint Strike Fighters, 12 F-15EX aircraft, and 24 F/A-18 Super
Hornets, including additional funding for advanced procurement to help
mitigate current Navy strike shortfalls.
The bill authorizes the necessary funding to support the Army's big
six modernization priorities to include long-range precision fires and
future vertical lift, all of which are critical in support of the
national defense strategy and for credible deterrence.
I am pleased the bill also requires more detailed certifications and
justification for decisions relating to retiring critical airborne ISR
platforms without a suitable replacement to better manage operational
risk to the warfighter.
Outside the subcommittee's jurisdiction, I am pleased this bill
includes language directing the Department to develop a strategy for
the use of chaplains and nonprofit post-traumatic growth organizations
as a behavioral healthcare option for our servicemembers and also
report analyzing the risk to U.S. servicemembers due to the dependence
on China for our troops' pharmaceutical needs.
The NDAA has always been and should continue to be a product of
bipartisan consensus. Putting our troops first and providing them with
the resources, equipment, training, and support they need should always
be our top priority as Members of Congress.
[[Page H3325]]
This is why I have concerns and would oppose any amendment that would
effectively cut the defense budget by 10 percent. A cut this size
equates to approximately $73 billion, almost twice that of the fiscal
year 2013 sequester.
We have worked hard over the past several years to repair the damage
from sequestration. Now is not the time to go backwards.
Mr. Speaker, I urge support of this bill.
Mr. SMITH of Washington. Mr. Speaker, I yield 2 minutes to the
gentleman from New Jersey (Mr. Norcross), the chair of the Tactical Air
and Land Forces Subcommittee.
Mr. NORCROSS. Mr. Speaker, I thank the chairman for yielding and
certainly for his leadership in bringing this bill to the floor and to
the ranking member, Mac Thornberry, for his years of service to this
country. We certainly appreciate it.
This bill continues the Tactical Air and Land Forces Subcommittee's
long tradition of bipartisan work to make America's land and air forces
the best in the world.
Despite challenges imposed upon us during this COVID crisis, this
bill is the result of the hard work under very unusual and demanding
circumstances. I thank the members of our committee, certainly our
staffs and all of them for their hard work in these challenging times.
I also thank the ranking member, Mrs. Hartzler, for her leadership
and her contributions and certainly working as a bipartisan committee.
Our cooperation kept us focused on what truly is important. We have
delivered a defense bill that meets the modernization readiness needs
of our Nation.
This bill carefully manages our military resources while increasing
needed oversight of DOD programs. The bill specifically includes
aggressive oversight of the strike fighter aircraft programs, including
the F-35, the most expensive program ever attempted by the Department;
the Department's development, sustainment, management of manned and
unmanned intelligence surveillance and reconnaissance aircraft; and
continued oversight of the Army's new modernization strategy with
respect to Army aviation, including the Chinook helicopter, combat and
tactical vehicles, air and missile defense, the network and soldier
lethality.
This defense bill also includes what I believe is one of the more
important issues: Buy American provisions, which show we are truly
serious about building things here in the U.S. and supporting American
workers. I also worked to ensure that the executive branch cannot strip
the collective bargaining rights of our vital citizen defense
workforce.
I am proud of the hard work this committee has done to serve
America's national security interests in this great bill. It deserves
our support, and I urge all my colleagues to vote ``yes.''
Mr. THORNBERRY. Mr. Speaker, I yield 3 minutes to the gentlewoman
from New York (Ms. Stefanik), the distinguished ranking member of the
Subcommittee on Intelligence and Emerging Threats and Capabilities.
Ms. STEFANIK. Mr. Speaker, I thank Ranking Member Thornberry for
yielding.
I want to start by thanking my subcommittee chair, Mr. Langevin, who
is a wonderful colleague to work with. I also thank both of our staffs
for the hard work.
As the ranking member on the Subcommittee on Intelligence and
Emerging Threats and Capabilities, I would like to highlight the key
themes that will ensure the U.S. retains our competitive edge in the
future.
First, this bill places special emphasis on basic research and the
important contributions that our science and technology ecosystem,
including our universities, the DOD labs, and DARPA, provide to our
collective national defense, including our pandemic preparedness and
response.
This bill also restores a critical social science research program
that has provided foundational insights into violent extremism, great
power competition, and foreign information operations campaigns.
In sum, this bill provides an additional $600 million for science and
technology investments in critical emerging fields, including AI,
autonomous systems, and biotechnology.
{time} 1415
Two years ago, I introduced legislation in the NDAA that created the
National Security Commission on AI, with the purpose of accelerating
and advancing the development of AI across the Federal Government.
Mr. Speaker, I applaud the Commission for their work on this
important issue, and I am honored that this bill included 18 of those
recommendations. The adoption of these recommendations demonstrates how
important AI is and how urgently it must be integrated into not only
our weapons systems, but our healthcare, our predictive maintenance
efforts, our humanitarian assistance missions, and our cybersecurity.
Our ability to apply AI and other emerging technologies faster than
our adversaries will allow us to maintain our competitive edge over
Russia and China and prepare our citizens for an AI-enabled future.
Secondly, this bill extends and expands the opportunities for our
Special Operations Forces to partner with foreign forces, build
critical relationships, and more effectively counter the malign
influences of Russia and China.
Furthermore, this bill also increases our investment in the programs
that provide care and support for the families of our special operators
that have been so critical to our counterterrorism operations over the
last 19 years.
Most importantly, as a proud representative of the soldiers and
families of Fort Drum and 10th Mountain Division, this bill will invest
in the technology and training necessary to ensure the safety and
security of the men and women sent into harm's way.
This bill supports our force protection and military intelligence
capabilities to ensure our servicemembers have the tools they need to
mitigate hostile actions while they continue their important missions
abroad.
As a representative of the most deployed division in the United
States Army, currently serving in Afghanistan, my number one priority
is force protection and the safety of the brave men and women called
into action to protect our national interests.
That said, I am very concerned with any amendments that would slash
the defense budget, impact our force protection, or degrade our
investment in new technologies. A $73 billion cut to the defense budget
would cause irreparable harm to our military and our readiness and
would decimate the very programs that keep our servicemembers safe.
Mr. Speaker, I want to close by thanking Ranking Member Thornberry
for his leadership and guidance not only this year, but his many years
of truly exemplary leadership.
Mr. SMITH of Washington. Mr. Speaker, I yield 2 minutes to the
gentleman from Maine (Mr. Golden), a member of the committee.
Mr. GOLDEN. Mr. Speaker, I thank Chairman Smith for yielding.
I want to take a moment to talk about an amendment coming forward
today having to do with the Servicemembers Civil Relief Act. I think it
is particularly important.
Having deployed to Afghanistan and Iraq, I want to paint a picture
for you.
Imagine running a nighttime patrol in the mountains of Afghanistan or
on the streets of an Iraqi town. I am sure you can appreciate the
intense pressure, the stress, the focus required to do the job right
and avoid any mistake that could get you or your buddies killed.
Now imagine the patrol is finished. You have got 3 hours to sleep
before you need to get up and stand guard for an hour, and after that,
you will go on a convoy back to headquarters to get supplies to bring
back to the company FOB.
But instead of getting rest, you hop on a satellite phone to make a
business call to the United States, where it is 4 p.m., to explain to a
company why they can't repossess the family car or foreclose on your
house, because even though Congress has passed protections for
servicemembers, the company insists you signed a waiver of your SCRA
protections.
Congress shouldn't allow this to happen, Mr. Speaker. This amendment
would end the use of arbitration clauses that trick servicemembers into
signing away their rights under SCRA.
How ridiculous that this amendment is even necessary, but, sadly, it
is. I
[[Page H3326]]
have seen it myself on deployments. It does happen. It has happened to
the men and women I served with.
Congress should do something about this. These people are being put
into stressful financial situations, and their families are, too, while
they are serving our country and fighting for us.
Mr. Speaker, I urge my colleagues to support the amendment and to
fight for it in conference with the Senate.
Mr. Speaker, in closing, I want to congratulate the ranking member on
his many years of service to our servicemembers on the committee. I
thank both the chair and ranking member for their leadership of the
committee these past two NDAAs.
Mr. THORNBERRY. Mr. Speaker, I yield 3 minutes to the gentleman from
Mississippi (Mr. Kelly), the distinguished ranking member of the
Subcommittee on Military Personnel.
Mr. KELLY of Mississippi. Mr. Speaker, I first want to thank
Chairwoman Speier for the hard work that we did together on the
Military Personnel Subcommittee, Ranking Member Thornberry, who has
provided leadership my entire time, and Chairman Smith for the great
job that they have done in passing a bipartisan bill out of committee.
I stand before you today in proud support of the bipartisan defense
bill that we unanimously voted out of committee during the
extraordinary circumstances of COVID-19. This bill does more for
families and servicemembers than any that come to my mind. It is a huge
step forward, but there is still work to do.
However, I am concerned with the many amendments that would impose
across-the-board budget cuts that may affect programs that support our
military families. I am also concerned with the potential size of this
cut, which, by my understanding, would be about $73 billion, more than
twice the impact of the fiscal year 2013 sequester.
The bill that was voted out of committee continues to support and
improve the lives of those who sacrifice for our country on a daily
basis by authorizing a military basic pay raise of 3 percent.
This bill reinforces the committee's longstanding commitment to the
military family by requiring the Department of Defense to redefine
military family readiness and military family resiliency, and it
provides for significant reforms to the Exceptional Family Member
Program.
This bill addresses the COVID-19 pandemic by requiring the military
to assess the diagnostic equipment, testing capabilities, personal
protective equipment, and treatment capabilities of the Armed Forces.
It also requires the National Security Strategy to include the drugs,
vaccines, and other critical medical equipment that will ensure combat
readiness and lethality by safeguarding the health of our Armed Forces.
Mr. Speaker, I want to again thank Chairwoman Speier, because this
bill will continue to support our servicemembers and retain their
families.
Mr. Speaker, this is an outstanding bipartisan bill dedicated to our
servicemembers, military families, and retirees, and it gives them the
care and support they need, deserve, and have earned.
Mr. SMITH of Washington. Mr. Speaker, I reserve the balance of my
time.
Mr. THORNBERRY. Mr. Speaker, I yield 1 minute to the gentleman from
Alabama (Mr. Rogers), the distinguished ranking member of the Committee
on Homeland Security.
Mr. ROGERS of Alabama. Mr. Speaker, I thank Ranking Member Thornberry
and Chairman Smith for their leadership in bringing this bill to the
floor in such a bipartisan manner.
I am pleased the bill includes several provisions to support the
Space Force and prioritizes the hypersonic and ballistic missile
tracking space sensor.
While there is still much work to do, this bill takes important steps
forward to confront China with the Indo-Pacific Deterrence Initiative.
It also includes almost $600 million above the President's budget for
science and technology and investments in critical emerging technology
areas.
These critical investments are what will enable us to confront
sophisticated threats that we face from China and Russia.
Importantly, this bill adheres to the budget agreement and fully
funds the President's budget request.
Now, more than ever, we must reject calls for blunt defense cuts from
partisans who are using the current crisis as an opportunity to push
their agenda.
Finally, Mr. Speaker, I want to thank my friend and colleague, Mac
Thornberry, for his years of service to the Armed Services Committee.
No one cares more about our men and women in uniform and has dedicated
more time and effort to making sure they have what they need.
Our committee was lucky to have him as chairman for 4 years and
ranking member for 2 years, and we wish him and his wife, Sally,
nothing but the best in the future.
Mr. SMITH of Washington. Mr. Speaker, I reserve the balance of my
time.
Mr. THORNBERRY. Mr. Speaker, I yield 2 minutes to the gentleman from
Wisconsin (Mr. Gallagher), a distinguished member of our committee.
Mr. GALLAGHER. Mr. Speaker, I thank the ranking member not only for
yielding, but for his leadership and setting an example of just being
one of the most thoughtful legislators that I have ever witnessed, and
so I thank him for his mentorship and his leadership.
I am very proud to support this bill, which includes many of the
critical recommendations of the Cyberspace Solarium Commission, which I
have had the privilege of co-chairing over the past year with my good
friend Senator Angus King, and serving alongside my distinguished
colleague and IETC Subcommittee Chairman Jim Langevin, who has
forgotten more about cybersecurity than most of us, certainly myself,
will ever know in our lifetime, and so his leadership has been
incredible.
Early on in the Commission's work, we recognized that one of our
greatest challenges would be navigating through the many committees of
jurisdiction, and it is precisely because of that challenge that I am
especially proud that we were able to work across party and
jurisdictional lines to get many of our key recommendations either in
the underlying text or in a bipartisan amendment.
I know over the course of the day, Congress will be advancing even
more of the Commission's recommendations, such as strengthening the
Cybersecurity and Infrastructure Security Agency, establishing a
national cyber director, establishing a joint planning office to
coordinate cyber planning and readiness.
Mr. Speaker, I just want to thank the committee chairman as well for
working with us and the rest of the Cyberspace Solarium Commission. A
great deal of effort went into our work. We had more than 50
legislative proposals. I am greatly thankful for his help and
everyone's help, and especially Representative Langevin, in getting the
work of the committee across the finish line.
There is no shortage of work left to be done to better secure us in
cyberspace, but today we are taking a number of very, very important
steps.
Mr. SMITH of Washington. Mr. Speaker, I reserve the balance of my
time.
Mr. THORNBERRY. Mr. Speaker, I yield 2 minutes to the gentleman from
Indiana (Mr. Banks), a member of our committee.
Mr. BANKS. Mr. Speaker, I thank the ranking member for yielding, and
I want to congratulate him on a tremendous record of service to our
Nation and to our men and women in uniform. It seems fitting that this
piece of legislation would be named after him.
It should be no secret to anyone in this Congress about the threat
that the Chinese Communist Party poses to Unites States national
security interests and to the freedoms and values that Americans enjoy.
President Trump demonstrated tremendous leadership by preparing the
Nation for a new era of great power competition with the 2017 National
Security Strategy. This year's NDAA upholds the ideals of the National
Security Strategy more than ever and asserts U.S. leadership in the
face of CCP aggression domestically and around the world.
It is well documented that the Chinese Government's mismanagement of
the novel coronavirus spread the virus worldwide; that the Chinese
Government is engaging in human rights
[[Page H3327]]
abuses towards ethnic populations in China and politically suppressing
voices in Hong Kong; that the Chinese Government has a strategy to
consolidate manufacturing supply chains that hit all aspects of the
U.S. economy; and that the Chinese Government is seeking to dominate
next-generation communication hardware, steal United States technology
and research, and censor the real truth about the Chinese Community
Party's intentions and actions that run counter to American values of
freedom and democracy. This defense bill takes several positive steps
on China that both Republicans and Democrats support.
The base bill includes funding for an initiative for the Indo-Pacific
to deter China, similar to the European Deterrence Initiative to deter
Russia.
The bill also increases funding in emergent technologies, such as
artificial intelligence, to maintain a technical edge against China,
and starts taking financial actions to reduce China's role at the World
Bank.
However, there is a lot more that needs to be done, and there were a
number of amendments that were offered that were ultimately not ruled
in order for consideration that would have helped American
competitiveness and safeguarded U.S. interests against the threat of
China. I won't name all these amendments because there are many of
them.
It is imperative that we pass this bill and counter the China threat.
Mr. SMITH of Washington. Mr. Speaker, I reserve the balance of my
time.
Mr. THORNBERRY. Mr. Speaker, I yield 2 minutes to the gentlewoman
from Wyoming (Ms. Cheney), the distinguished chair of the Republican
Conference, who is also a member of our committee.
Ms. CHENEY. Mr. Speaker, I thank in particular Ranking Member
Thornberry and Chairman Smith for their work on this NDAA.
I rise in strong support, Mr. Speaker, of this bipartisan William M.
(Mac) Thornberry National Defense Authorization Act. A strong
bipartisan act such as this one is more important today than perhaps
ever before.
As we are facing competition with our adversaries in emerging,
contested domains, we have to develop cutting-edge capabilities in
space, cyberspace, air, land, and sea, and we must do this at a time,
Mr. Speaker, when a global pandemic continues to take lives and
devastate economies around the world.
This NDAA, Mr. Speaker, recognizes the role that America has played
in ensuring peace, prosperity, and freedom around the world for 75
years. It recognizes that our forward deployed forces are fundamental
to deterring aggression and forestalling conflict. It recognizes that
retrenchment and withdrawal are destabilizing and aid America's
adversaries.
Through its provisions, Mr. Speaker, this NDAA underscores that
America faces a fundamental choice: We either continue to lead,
including through forward deployed forces in places like Germany,
Eastern Europe, and South Korea, or we retreat, thus ensuring that the
global rules of the road will be set not by us and other free nations,
but by our adversaries, including China and Russia.
This bill enhances cooperation with critical allies in the Indo-
Pacific, authorizes funding to counter China, and fully funds the
European Deterrence Initiative to enhance deterrence against Russia. It
also fully funds nuclear modernization to ensure the safety and
reliability of our nuclear stockpile and the credibility of our nuclear
deterrent.
Mr. Speaker, I urge my colleagues today to ensure that this
legislation passes the floor in the same bipartisan fashion in which it
passed committee, staying true to the spirit of the Member after which
it is named.
{time} 1430
Mr. SMITH of Washington. Mr. Speaker, I yield 1 minute to the
gentleman from Maryland (Mr. Hoyer), the distinguished majority leader
of the House.
Mr. HOYER. Mr. Speaker, I thank the chairman, Mr. Smith, for
yielding. I thank Mr. Thornberry, the ranking member, for his efforts
and partnership in bringing this bill to the floor in a bipartisan
fashion.
I join the previous speaker in the premise that she posited with
respect to forward-leaning, ready and able to engage and to participate
as leaders of the free world in securing the benefits of freedom and
liberty to our globe.
I want to thank Chairman Smith and the Armed Services Committee for
ensuring a fair and bipartisan process as the House worked to craft a
defense authorization bill that strengthens our national security and
reflects our Nation's highest principles.
I want to thank, as I said, Mac Thornberry and Chairman Smith, who
have worked together throughout this process.
I know that Democrats and Republicans on the committee and, indeed,
in this House share a strong determination to do right by our troops
and those they serve.
Let me also thank Chairman McGovern and the Rules Committee for
working to ensure that this bill comes to the floor under a process
that allows for Members to offer amendments they feel will make our
national defense stronger, while making certain that our defense
policies reflect the best of America and helps address our long-term
challenges.
We consider this bill in a challenging environment. COVID-19 has
attacked our people, our economy, and our country in a way unknown to
any Member who serves in this body today. None of us are old enough to
remember, of course, the Spanish flu, but we know that it did not have
the same consequences in America that COVID-19 has had. It is a
reminder that we are afflicted, not only by those who would cause us
harm through armed might, but also through illness, climate change, and
other natural disasters.
I regret that we were unable to include every item the Democrats
supported as part of the compromise that will enable us to get this
bill passed. But, of course, that is what a compromise is.
It is unfortunate that we could not take up an amendment rejecting
the Trump administration ban on transgender Americans serving in our
military. As John McCain once said so correctly: I don't care whether
they are straight; I just care that they can shoot straight.
We look at conduct and character, not differences that are not
relevant to our ability to respond and to serve. Ending that ban will
continue to be a priority for House Democrats.
While not all amendments that were proposed will end up becoming part
of the final bill we vote on, in their offering, Mr. Speaker, they
played an important role in shaping the House's legislation and will
surely continue to add to important policy discussions that we need to
have in our country.
One observation I would make, Mr. Speaker, is that one of the aspects
of COVID-19's assault on our country has been to have a somewhat
attenuated debate and discussion. I have discussed with Mr. Smith and
Mr. Thornberry on numerous occasions the need to have a very deep dive
into the fiscal viability of our defense budget, as well as our
domestic budget, so that we can ensure, in the future, that operations,
training, and acquisitions do not suffer because of the lack of
resources.
I am hopeful that the final bill we vote on tomorrow and send to the
Senate will reflect a positive vision for our Nation's national defense
and that it can pass with bipartisan support. I urge my Members to
support it.
Our national security challenges are many, and they are serious. That
is why the Democratic-led House will continue to do its job responsibly
and to work bipartisanly to ensure that our Nation is kept safe and
that those who serve on the front lines in its defense have all the
resources they need to carry out their missions safely and effectively.
Again, Mr. Speaker, I thank Chairman Smith and the ranking member and
all those who worked hard, including the committee staff who worked
long hours under very stressful and unprecedented circumstances.
I urge, in closing, Mr. Speaker, all Members to support this
legislation.
Mr. THORNBERRY. Mr. Speaker, I presume the chair has no further
speakers and, therefore, I yield myself the balance of my time.
Mr. Speaker, I want to, again, thank each and every one of the
members of the House Armed Services Committee. Every one of them,
Republican, Democrat, those of us who have been there a
[[Page H3328]]
while, those who are new to the committee, have contributed to this
product.
As the chairman and I were saying, the dedicated professionals who
work on the committee staff have done an outstanding job, especially, I
think, under these conditions this year.
I also want to thank my personal office, which has contributed in
many ways to this whole effort. This has been all-hands-on-deck sort of
work, and I appreciate their work as well.
Finally, Mr. Speaker, I want to emphasize the importance of
maintaining the bipartisan approach by which this bill came out of
committee; 56-0 is not easy, and it is the chairman's leadership that
enabled it to be so.
Now, we have some work to do. We have some amendments to go through.
If some of those amendments pass, it would be very hard to maintain
that approach going through. But assuming we can maintain this
bipartisan approach, where nobody gets everything they want, but there
is enough there and a higher purpose that holds us together so that it
can come out of this House on final passage tomorrow with a similar or
roughly similar vote, I think that will be very important.
It will be very important for the men and women who are serving our
Nation all around the world to see that Republicans and Democrats can
fight about taxes and healthcare and other things, but they can come
together when it comes time to support them.
For all those military families who have been disrupted with their
moves during COVID and are undergoing all sorts of inconveniences and
hardships, it is very important for them to see that Republicans and
Democrats can come together in Congress to support them and to advance
their interests.
For allies and adversaries around the world, they need to see that,
yes, we will argue with each other, and we will have a variety of
differences, but when it comes to American national security, we stand
together. I think if we can do that, that message alone is more
important than any of the particulars of this bill.
Standing together for American national security, for the men and
women who serve and their families, that is the most important thing we
can do. I hope and trust that will be the result come tomorrow.
Mr. Speaker, I yield back the balance of my time.
Mr. SMITH of Washington. Mr. Speaker, I yield myself the balance of
my time.
Again, I urge Members to support this bill. I want to emphasize a
point that a number of folks have made about the process, which sounds
a little bland and a little bit dry, but that is actually how we
produce such an excellent product, and I think it is a good model for
how Congress should function.
We debate issues. We take amendments from a wide and diverse group of
people, and in so doing, the product gets better. We get the ideas, the
benefit of the talents and the experience of everybody in Congress.
We work it out where we can. We debate where we can't. Then, we vote,
and we move the process forward.
I think it is really, really important that the institution continues
to function in that way. A number of institutions in our country, many
that we have taken for granted for a long time, are under an enormous
amount of pressure. It is very important to have coherent stability in
the institutions of government.
That is something that I know Mr. Thornberry prioritized during his
service on the committee. It is something we all prioritize, to show
people, as Mac pointed out, the system works--yes, the men and women
who serve in our military, clearly, but everybody.
It is a good thing when we get together and have these debates and
create a legislative product, and I urge Members to support this
product.
In closing, I want to emphasize one point that has come up a number
of times, and that is the importance of alliances and partnerships to
our national security and to what the Department of Defense does. This
bill has a number of provisions to strengthen that: support for NATO;
support for our relationship with South Korea; support for the creation
of an Indo-Pacific defense initiative, which is building upon the idea
that we did with the European Defense Initiative. The goal there is to
build the partnerships necessary to maintain our national security
interests globally and, hopefully, without having to rely on the
military.
I know a number of my colleagues on this side of the aisle are
concerned about how the U.S. has used its military over the years, and
I don't disagree with that. The military should not be the first or
primary tool of U.S. foreign policy and national security. But if that
is to be the case, we need to build the partner capacity of allies
throughout Europe and Asia.
That is what this bill, I believe, reflects, that desire to give us
peace by deterring our adversaries through a system of interlocking
alliances. I think that is incredibly important.
Before I close, I do want to address the issues. Concerns have been
raised about some of the amendments.
One particular concern is that there are some amendments that aren't
necessarily within our jurisdiction. As the one bill that passes every
year, this is not an unusual occurrence. I will point out that even
when the Republicans were in the majority, we frequently had amendments
that were outside the jurisdiction of our committee, including in the
lands area.
Who can forget the lesser prairie chicken and the years after years
that we fought over that? That, too, is part of this process, and I
hope, however that comes out, it will not, in any way, undermine the
incredible bipartisan work that has been done on the bill and, gosh,
the nearly 1,500 provisions that will be reflected in that bill once we
get done here.
I think whatever disagreements there may be on a few amendments
coming forward, the best thing that we can do for this institution, for
this committee, for the way the legislative process is supposed to
work, and, as all of us have said, most importantly, for the men and
women who are serving in our military, we show them that we support the
defense bill. We support them. We support what they do.
We have worked together to produce an excellent product that is
worthy of the support of every Member of this body. I urge everyone to
vote ``yes.''
Again, I thank everyone who was involved in the process.
Lastly, I want to close by joining my colleagues in recognizing the
life of John Lewis. He brought honor to this country. He lived a life
that made us all feel better about where we live.
I think the thing that I will always remember about John is, gosh, he
lived a very tough life. He took on tough fights, but he did it with
joy. You never saw John Lewis get really down. He always had this joy
about him, even in the face of some unbelievable injustice.
He did not hate his enemies. He didn't attack them. He stood up for
what was right.
I hope we can all learn from that lesson and build upon it, bringing
this country together and deal with the challenges that we face now as
he dealt with the challenges that he faced during his life.
Mr. Speaker, I yield back the balance of my time
The SPEAKER pro tempore. All time for debate has expired.
Each further amendment printed in House Report 116-457 not earlier
considered as part of amendments en bloc pursuant to section 3 of House
Resolution 1053, shall be considered only in the order printed in the
report, may be offered only by a Member designated in the report, shall
be considered as read, shall be debatable for the time specified in the
report equally divided and controlled by the proponent and an opponent,
may be withdrawn by the proponent at any time before the question is
put thereon, shall not be subject to amendment, and shall not be
subject to a demand for division of the question.
It shall be in order at any time for the chair of the Committee on
Armed Services or his designee to offer amendments en bloc consisting
of amendments printed in House Report 116-457, not earlier disposed of.
Amendments en bloc shall be considered as read, shall be debatable
for 30 minutes equally divided and controlled by the chair and ranking
minority member of the Committee on Armed Services or their respective
designees, shall not be subject to amendment, and shall not be subject
to a demand for division of the question.
[[Page H3329]]
The Chair understands that amendments Nos. 1 and 2 will not be
offered.
Amendment No. 3 Offered by Ms. Escobar
The SPEAKER pro tempore. It is now in order to consider amendment No.
3 printed in House Report 116-457.
Ms. ESCOBAR. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle E of title X, insert the following:
SEC. 10__. CURTAILING INSURRECTION ACT VIOLATIONS OF
INDIVIDUALS' LIBERTIES.
(a) Federal Aid for State Governments.--Section 251 of
title 10, United States Code, is amended--
(1) by striking ``Whenever'' and inserting ``(a) In
General.--Whenever''; and
(2) by adding at the end the following new subsection:
``(b) Certification to Congress.--(1) The President may not
invoke the authority under this section unless the President
and the Secretary of Defense certify to Congress that the
State concerned is unable or unwilling to suppress an
insurrection described in subsection (a).
``(2) A certification under paragraph (1) shall include the
following:
``(A) A description of the circumstances necessitating the
invocation of the authority under this section.
``(B) Demonstrable evidence that the State concerned is
unable or unwilling to suppress such insurrection, and a
legal justification for resorting to the authority under this
section to so suppress.
``(C) A description of the mission, scope, and duration of
use of members of the armed forces under this section.''.
(b) Use of Militia and Armed Forces to Enforce Federal
Authority.--Section 252 of title 10, United States Code, is
amended to read as follows:
``Sec. 252. Use of militia and armed forces to enforce
Federal authority
``(a) Authority.--Whenever unlawful obstructions,
combinations, or assemblages, or rebellion against the
authority of the United States, make it impracticable to
enforce the laws of the United States in any State by the
ordinary course of judicial proceedings, the President may
call into Federal service such of the militia of any State,
and use such of the armed forces, as the President considers
necessary to enforce those laws or to suppress the rebellion.
``(b) Certification to Congress.--(1) The President may not
invoke the authority under this section unless the President
and the Secretary of Defense certify to Congress that the
State concerned is unable or unwilling to suppress an
unlawful obstruction, combination, or assemblage, or
rebellion against the authority of the United States
described in subsection (a).
``(2) A certification under paragraph (1) shall include the
following:
``(A) A description of the circumstances necessitating the
invocation of the authority under this section.
``(B) Demonstrable evidence that the State concerned is
unable or unwilling to suppress such unlawful obstruction,
combination, or assemblage, or rebellion against the
authority of the United States, and a legal justification for
resorting to the authority under this section to so suppress.
``(C) A description of the mission, scope, and duration of
use of members of the armed forces under this section.''.
(c) Interference With State and Federal Law.--Section 253
of title 10, United States Code, is amended--
(1) by striking ``The President'' and inserting ``(a)
Authority.--(1) The President'';
(2) by redesignating paragraphs (1) and (2) as
subparagraphs (A) and (B), respectively;
(3) by striking ``In any situation covered by clause (1),''
and inserting ``(2) In any situation covered by paragraph
(1)(A),''; and
(4) by adding at the end the following new subsection:
``(b) Certification to Congress.--(1) The President may not
invoke the authority under this section unless the President
and the Secretary of Defense certify to Congress that the
State concerned is unable or unwilling to suppress an
insurrection, domestic violence, unlawful combination, or
conspiracy, as described in subsection (a).
``(2) A certification under paragraph (1) shall include the
following:
``(A) A description of the circumstances necessitating the
invocation of the authority under this section.
``(B) Demonstrable evidence that the State concerned is
unable or unwilling to suppress such insurrection, domestic
violence, unlawful combination, or conspiracy, and a legal
justification for resorting to the authority under this
section to so suppress.
``(C) A description of the mission, scope, and duration of
use of members of the armed forces under this section.''.
(d) Consultation With Congress.--
(1) In general.--Chapter 13 of title 10, United States
Code, is amended by adding at the end the following new
section:
``Sec. 256. Consultation
``The President, in every possible instance, shall consult
with Congress before invoking the authority under section
251, 252, or 253 of this title.''.
(2) Clerical amendment.--The table of sections at the
beginning of chapter 13 of title 10, United States Code, is
amended by adding at the end the following new item:
``256. Consultation.''.
(e) Restriction on Direct Participation by Military
Personnel.--
(1) In general.--Such chapter is further amended by adding
at the end the following new section:
``Sec. 257. Restriction on direct participation by military
personnel
``(a) In General.--No activity under this chapter shall
permit direct participation by a member of the Army, Navy,
Air Force, Marine Corps, or Space Force in a search, seizure,
arrest, or other similar activity unless participation in
such activity by such member is otherwise expressly
authorized by law.
``(b) Regulations.--The Secretary of Defense shall
prescribe such regulations as may be necessary to ensure
compliance with subsection (a).
``(c) Rule of Construction.--Nothing in this section shall
be construed to limit authority of law enforcement personnel
of the armed forces on Federal military installations''.
(2) Clerical amendment.--The table of sections at the
beginning of such chapter is further amended by adding at the
end the following new item:
``257. Restriction on direct participation by military personnel.''.
The SPEAKER pro tempore. Pursuant to House Resolution 1053, the
gentlewoman from Texas (Ms. Escobar) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Texas.
{time} 1445
Ms. ESCOBAR. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, for over 200 years, Presidents have had the authority to
send the military into American communities at times of unrest.
The Insurrection Act is a power many Americans are unaware of
primarily because it has historically rarely been invoked. It has, at
times, been used by Presidents at the request of State Governors, but
during our Nation's tumultuous civil rights era, it was an authority
used by Presidents Eisenhower, Kennedy, and Johnson against the wishes
of Southern Governors.
Their use of the military in American communities helped protect the
civil rights of African Americans at a time of deep national unrest. In
fact, the Insurrection Act was used to protect Selma to Montgomery
marchers in 1965, protection needed by the marchers after Bloody
Sunday, where our beloved late colleague, John Lewis, was beaten and
bloodied. This is an important Presidential power intended to restore
peace and protect Americans.
My amendment does not seek to undermine or eliminate this authority.
Instead, it is intended to bring about transparency and close a
loophole.
America is founded in a Constitution that enshrines a system of
separate but coequal branches of government. As such, Congress has a
duty to evaluate for any Presidential power where consultation may be
necessary and to provide oversight.
Today, if the President of the United States chooses to use military
force abroad, the President would have to consult with Congress. Yet
that same consultation is not required for use of military force on
American soil. My amendment closes that loophole providing for
consultation and oversight similar to what is currently required when
the military is called on to engage overseas.
The NDAA is our annual opportunity and responsibility to evaluate and
authorize defense activities. With this amendment to a centuries-old
law, Congress and future Presidents can ensure that Insurrection Act
authority, when used, is consistent with our history of preserving
peace and civil rights in America.
Mr. Speaker, I reserve the balance of my time.
Mr. LAMBORN. Mr. Speaker, I claim the time in opposition.
The SPEAKER pro tempore. The gentleman from Colorado is recognized
for 5 minutes.
Mr. LAMBORN. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, this amendment would be a major change to the
Insurrection Act first invoked by Thomas Jefferson more than 200 years
ago. Under this amendment, a President would not be able to act quickly
and decisively in the event of riots that are not being controlled at
the State or municipal
[[Page H3330]]
level. He would have to, along with the Secretary of Defense, certify
certain findings to Congress and then consult with Congress.
This would hinder and delay needed action to preserve domestic peace.
Any military personnel then deployed would have burdensome restrictions
placed upon them that would make them less effective in controlling
violence and riots.
It is ironic that we are considering this amendment on a day when we
are honoring the life of Representative John Lewis, an icon in the
civil rights movement whose passing I, too, mourn.
You see, Mr. Speaker, had this amendment been law during the 1950s
and 1960s, the progress of civil rights in this country would have been
stifled. By being forced to consult with Congress, Presidents
Eisenhower, Kennedy, and Johnson could have been blocked by a Senate
majority that at the time was preventing all progress on civil rights.
It is a matter of history.
My Uncle Jim Lamborn was a Federal employee at Leavenworth
Penitentiary in 1957 when he was deputized as a marshal and sent to
Little Rock, Arkansas, with many others so Black children could go to
integrated public schools. President Eisenhower had to oppose the
Arkansas Governor and act unilaterally to make this happen. If
Eisenhower had to oppose an obstructionist House or Senate also, it may
have never happened.
So, looking at today's headlines, I would like to ask the sponsor of
this amendment, in light of the violence and rioting in Seattle and
Portland, which for whatever reasons are not being controlled by the
mayors of those cities, would President Trump be justified to invoke
the Insurrection Act as amended by this amendment?
Ms. ESCOBAR. Will the gentleman yield?
Mr. LAMBORN. I yield to the gentlewoman from Texas.
Ms. ESCOBAR. Mr. Speaker, this is not about when or whether a
President utilizes the Insurrection Act. This is simply about
consulting with Congress in the same way that we expect a President to
consult with Congress.
Mr. LAMBORN. Reclaiming my time, Mr. Speaker, apparently the
gentlewoman is not willing to answer this question. If she can't answer
this question, then I don't think we have to take it seriously. I think
it is a political gimmick.
Mr. Speaker, I reserve the balance of my time.
Ms. ESCOBAR. Mr. Speaker, I yield such time as she may consume to the
gentlewoman from New Jersey (Ms. Sherrill).
Ms. SHERRILL. Mr. Speaker, Federal forces should only be deployed in
the United States with the utmost transparency and only when it is
absolutely necessary to protect our country and our citizens. What we
are seeing in Portland and what we saw in Washington is deeply
disturbing, and it is contrary to the values of a democratic society.
As a veteran, I am particularly concerned when it implicates our
military. Congress has a responsibility to exercise oversight over the
use of military force. Unfortunately, in recent months, we have seen
threats of force against U.S. citizens without consulting Congress and
without delineating the legal authorities under which the forces are
operating.
The Insurrection Act has been used with great and important effect to
integrate elementary schools and universities, suppress the Ku Klux
Klan, and to protect the American people. This amendment does not
prevent any President from employing the Insurrection Act should it
become necessary, nor would it prevent the Insurrection Act from being
used to protect Americans' civil rights in the future. It simply
ensures that the Insurrection Act is used in keeping with centuries of
precedent--as a last resort and with strong oversight by Congress.
Mr. Speaker, I urge my colleagues to support this amendment.
Mr. LAMBORN. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman
from Mississippi (Mr. Kelly).
Mr. KELLY of Mississippi. Mr. Speaker, I thank the gentleman for
yielding.
Mr. Speaker, this is dangerous. This same amendment, but in a lesser
form not nearly as dangerous and not nearly as restrictive, was
defeated in a bipartisan manner in committee. The reason that it was is
because we are having a knee-jerk reaction to what we think the
President might do--not what he did, but what we think he might do.
This is dangerous. I can tell you, Mr. Speaker, I come from a State
where, had the Insurrection Act not been in effect when Eisenhower and
Kennedy were Presidents, we would be in a different-looking Chamber
today. They allowed the schools of Mississippi, Arkansas, and Alabama
to be integrated. Those Presidents allowed, through the Insurrection
Act, the Freedom Riders to go through the State of Mississippi with the
National Guard.
But here we are with more restrictions. Not only do we want to put
troops out there when we say it is okay--and I don't know who ``we''
is, but it doesn't need to be a ``we''--but we are going to further
restrict the President, and we are going to tie the hands of those
servicemembers whom we send in harm's way. It is dangerous. They can't
search, and they can't participate.
Mr. Speaker, we need to defeat this amendment, and there needs to be
a long discussion if we want to change that. But it doesn't need to be
in this bill. This is a poison pill. Let's defeat this amendment.
Ms. ESCOBAR. Mr. Speaker, I yield 1 minute to the gentlewoman from
Minnesota (Ms. Omar).
Ms. OMAR. Mr. Speaker, if a President decides to deploy troops
domestically, the very least we can do as Congress is demand the same
level of transparency that we expect when our troops are sent abroad.
It is true that the Insurrection Act was used to integrate Little
Rock Central High School and the University of Mississippi. It is also
true that it was used to crush slave revolts and labor organizing.
This amendment will go a long way towards helping inform Congress and
the American people how a President intends to use the authority.
This is not an abstract conversation. When the President threatened
to invoke the Insurrection Act recently, he was threatening my
constituents and our constituents. Unmistakably, he was threatening
people exercising their First Amendment rights.
There can be genuine emergencies when these powers are needed. We
must protect against all possible abuses in situations where the
emergencies do not exist.
Mr. LAMBORN. Mr. Speaker, I yield 1 minute to the gentleman from
Michigan (Mr. Bergman), who is a retired three-star general and Member
of the House Armed Services Committee.
Mr. BERGMAN. Mr. Speaker, I oppose this amendment. It would require
the President and the Secretary of Defense to certify to Congress with
demonstrable evidence that a State is unwilling or unable to suppress
civil unrest prior to invoking the Insurrection Act.
What is demonstrable evidence? How do we define that?
At that point, who knows how much time would go by before help is
given to the city or State that needs it.
Also, the limitation placed on military personnel in this amendment
is concerning. We are telling our military that, if you go in, then you
either do nothing or you use extreme force. There is no in between.
Unfortunately, too many elected officials don't understand the
difference between emergency response, peacekeeping, and peacemaking.
We are setting the military up for failure. This amendment is
dangerous and unnecessary, not to mention the entire debate on the
Insurrection Act is just another attack on the President. Because we
don't like something the current President said--not even what he did,
but something he said--we are going to punish not just this President,
but every President after this and all the States that may need help in
the future.
Mr. Speaker, I urge my colleagues to oppose this amendment.
Mr. LAMBORN. Mr. Speaker, I yield back the balance of my time.
Ms. ESCOBAR. Mr. Speaker, how much time do I have remaining.
The SPEAKER pro tempore. The gentlewoman has three-quarters of a
minute remaining.
Ms. ESCOBAR. Mr. Speaker, I just want to frame this very simply. We
are asking for the same transparency and
[[Page H3331]]
consultation when a President decides to use troops on American soil as
when he decides to send troops abroad.
Mr. Speaker, I urge my colleagues to support this amendment, and I
yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 1053, the
previous question is ordered on the amendment offered by the
gentlewoman from Texas (Ms. Escobar).
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. LAMBORN. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3 of House Resolution
965, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
will be postponed.
Amendment No. 4 offered by Mr. McAdams
The SPEAKER pro tempore. It is now in order to consider amendment No.
4 printed in House Report 116-457.
Mr. McADAMS. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Add at the end of subtitle B of title XXXI the following
new section:
SEC. 3121. PROHIBITION ON USE OF FUNDS FOR NUCLEAR WEAPONS
TEST EXPLOSIONS.
(a) In General.--None of the funds authorized to be
appropriated by this Act or otherwise made available for
fiscal year 2021, or authorized to be appropriated or
otherwise made available for any fiscal year before fiscal
year 2021 and available for obligation as of the date of the
enactment of this Act, may be obligated or expended to
conduct or make preparations for any explosive nuclear
weapons test that produces any yield.
(b) Rule of Construction.--Nothing in subsection (a) shall
be construed to apply to nuclear stockpile stewardship
activities that are consistent with the zero-yield standard
and other requirements under law.
The SPEAKER pro tempore. Pursuant to House Resolution 1053, the
gentleman from Utah (Mr. McAdams) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Utah.
Mr. McADAMS. Mr. Speaker, when Utahns learned about recent high-level
meetings on resuming nuclear weapons testing, it rang alarm bells.
Thousands of Utahns are still dealing with trauma inflicted by bombs
exploded from decades past leaving a legacy of illness, suffering, and
death. Why would we ever go down that path again?
For 24 straight years, the Department of Energy and DOD continue to
certify the safety, security, and effectiveness of our nuclear weapons
stockpile without the use of nuclear explosive testing. That was
confirmed to still be the case at the end of June.
My amendment prohibits the use of funds to prepare for or conduct any
explosive nuclear weapons test that produces any yield.
My amendment does nothing to interfere with our stockpile program. It
allows for national security preparedness consistent with zero-yield
standards. Nuclear clouds must never again threaten the health and
safety of those living downwind.
Mr. Speaker, I urge adoption of this amendment, and I reserve the
balance of my time.
{time} 1500
Mr. THORNBERRY. Mr. Speaker, I claim the time in opposition.
The SPEAKER pro tempore. The gentleman from Texas is recognized for 5
minutes.
Mr. THORNBERRY. Mr. Speaker, I yield 2 minutes to the distinguished
gentleman from Ohio (Mr. Turner).
Mr. TURNER. Mr. Speaker, I rise in opposition to this amendment
because this is another one of these unilateral disarmament movement
provisions that come before this body every year.
Mr. Speaker, I would love to take a vote in this body to restrain
China, to restrain Russia, to restrain North Korea, to actually
restrain our adversaries. But instead of restraining our adversaries or
enter into negotiations where we come to agreement, we give things up.
Mr. Speaker, in this, we are giving something up. There is a
Presidential directive. This isn't even trying to undo law. There is a
Presidential directive that President Clinton signed, and every
President since him, that said that we will do very limited testing
because we do testing of our stockpiles and experimental work to ensure
the reliability and the fact that our nuclear weapon system is reliable
and safe. We do so because our adversaries see that deterrent as a
means to restrain them from their adventuresomeness across the globe.
But the other aspect--again, back to, ``I would like to restrain our
adversaries''--right now, China and Russia are developing brand-new
nuclear weapons. They are deploying hypersonic weapons. Russia has a
new nuclear-powered cruise missile that can circle the globe and then
come in.
But every year, when we bring the National Defense Authorization Act
back, we are more focused on how we can restrain ourselves than
restrain our adversaries. And that makes us less safe.
The way that this amendment is drafted actually doesn't allow us to
continue to do what we are doing. It says zero-yield standard. We
actually have subcritical testing that would exceed what you have in
here that we do right now that is essential for what we do.
This is an amendment that is trying to solve a problem that doesn't
exist.
Lisa Gordon-Hagerty just issued a letter, as you said, in June. We
are not even going to do this, I mean, not the way you are worried
about us doing it. We are not headed toward testing.
But if we pass your amendment, it is going to stop us from being able
to do what we are currently doing. We are going to restrain ourselves
in a way that our adversaries aren't, and we are going to be less safe.
Mr. McADAMS. Mr. Speaker, I yield 1 minute to the gentleman from
Washington (Mr. Smith), the distinguished chair of the House Committee
on Armed Services.
Mr. SMITH of Washington. Mr. Speaker, I fear this debate is going to
come down to a difference of opinion on tax. My staff and I have looked
at this very, very carefully. This does not restrict us from what we
are currently doing, and it is the position of this sponsor and myself
that we need to make sure our stockpile is safe and usable, and we have
an adequate deterrent. We do not need to do live nuclear testing.
Mr. Speaker, the reason we are concerned about this is because the
Senate has actually put $10 million into their version of this defense
bill to do precisely that. So, there are some who apparently think this
would be a good idea.
We want to make it clear: We don't think it is a good idea to do live
nuclear testing. Keep doing what you are doing. That is fine. Collect
your stockpile. We don't need to be setting off nuclear weapons again.
In this regard, what Russia and China are doing is beside the point.
It is not in our best interest to do this. If they think it is in their
best interests to do live testing, I would disagree with that.
This doesn't help protect us. It endangers people unnecessarily.
I know we are going to get into a debate over the actual language
here, but be clear on what this amendment does.
The SPEAKER pro tempore. The time of the gentleman has expired.
Mr. McADAMS. Mr. Speaker, I yield the gentleman an additional 20
seconds.
Mr. SMITH of Washington. Mr. Speaker, this amendment allows us to
continue doing what we are already doing to preserve and protect our
nuclear deterrent. It simply says: You can't go setting off nuclear
weapons again. It doesn't work. It doesn't help. And it is
extraordinarily dangerous.
Mr. Speaker, I urge adoption of the amendment.
Mr. McADAMS. Mr. Speaker, I yield 1 minute to the gentlewoman from
Hawaii (Ms. Gabbard).
Ms. GABBARD. Mr. Speaker, we are living in very dangerous times.
Yes, we are in the midst of a global pandemic, which should be
inspiring our Nation's leaders to deescalate tensions with other
countries, work with world leaders to defeat this disease that
threatens us all, but that is not what we are seeing. Instead, we are
seeing increasing tensions and a new cold war being waged on two fronts
between the U.S. and China and Russia, with thousands of nuclear
missiles at the ready.
Instead of deescalating tensions, the Trump administration is making
[[Page H3332]]
things worse by tearing up the INF Treaty, ending the Open Skies
Treaty, making no effort to renew the New START treaty, and dangerously
moving to violate the nuclear test ban treaty, which, if allowed, would
only encourage other countries like North Korea, Saudi Arabia, Iran,
and many others to develop or to increase nuclear weapons capabilities,
rapidly increasing the proliferation of these nuclear weapons and a
nuclear arms race around the world.
Mr. Speaker, this puts us all at risk because there is only one
outcome to this escalation of tensions and a nuclear arms race, and
that is total destruction of our world.
Mr. Speaker, I urge my colleagues to support this critical amendment.
Mr. THORNBERRY. Mr. Speaker, I yield 2 minutes to the distinguished
gentlewoman from Wyoming (Ms. Cheney).
Ms. CHENEY. Mr. Speaker, I rise in strong opposition to this
amendment, which threatens to undermine the credibility of our Nation's
nuclear deterrent.
Mr. Speaker, there is a consistency on the other side of the aisle
which is very concerning. It finds a moral equivalence between the
United States and our adversaries, also an affinity for treaties that
bind only the United States and no one else.
Mr. Speaker, if this amendment becomes law, the United States loses
the ability to ensure that we can test, if necessary, to ensure that
our deterrent is reliable and, therefore, credible. That prohibition
emboldens our adversaries, and it undermines our allies' faith in the
nuclear umbrella.
We provide a nuclear umbrella. We provide security to allies so they
do not have to develop their own nuclear weapons. So an amendment that
ensures that the United States is no longer going to be able to
guarantee a credible nuclear stockpile is going to make nuclear
proliferation more likely, not less likely.
Mr. Speaker, this is a dangerous amendment, an amendment which ties
the hands of the United States, when we know that the Chinese are, in
fact, undergoing a huge nuclear buildup and likely testing. And we know
that the Russians are doing the same.
Mr. Speaker, this is dangerous. There is absolutely no reason we need
to do it. It contradicts a Clinton-era Presidential directive under
which the NNSA must maintain readiness to resume underground nuclear
testing, if necessary. This could be the case, for example, if our
stockpile experiences a unique failure.
Mr. Speaker, this is a mistaken amendment. It is a misguided
amendment that finds moral equivalence between the United States and
our adversaries and ties the hands of the United States.
Mr. Speaker, imagine the message it sends when Members of this body
stand up and actively urge that we tie the hands of the United States
while we allow the Russians and the Chinese to move forward with their
developments and with their testing.
Mr. Speaker, I urge my colleagues to oppose this dangerous amendment.
Mr. McADAMS. Mr. Speaker, I yield 1 minute to the gentlewoman from
Nevada (Ms. Titus), the congresswoman who has written the book on
nuclear testing.
Ms. TITUS. Mr. Speaker, I join Congressman McAdams in support of this
amendment, which prohibits the Trump administration from conducting a
dangerous and unnecessary explosive nuclear test. You want to see
something dangerous, take a look at his foreign policy.
Mr. Speaker, for over two decades, our Nation's top scientists have
conducted sophisticated tests to ensure the safety and reliability of
our nuclear stockpile without detonating these weapons.
As recently as 3 weeks ago, the NNSA stated that they identify no
technical reason to resume underground explosive nuclear testing. We
should heed their words. They are the experts.
Moreover, conducting an explosive nuclear test encourages our
adversaries, like Russia and China, to do the same. There is no good
reason to risk the restart of a global arms race, especially at a time
when we have the technological advantage.
An entire generation of Cold War patriots and families who worked at
and lived downwind of the Nevada test site have suffered illnesses
linked to radiation exposure. They know what is at risk if we allow
this administration to conduct such a harmful experiment. We shouldn't
do it.
Mr. Speaker, I urge my colleagues to support this amendment.
Mr. THORNBERRY. Mr. Speaker, I am prepared to close, and I reserve
the balance of my time.
Mr. McADAMS. Mr. Speaker, explosive nuclear testing is not necessary
to ensure that our stockpile remains safe, and nothing in this
amendment would change that.
Explosive nuclear testing causes irreparable harm to human health and
our environment and jeopardizes the U.S. leadership role on nuclear
nonproliferation.
Mr. Speaker, I urge the adoption of my amendment, and I yield back
the balance of my time.
Mr. THORNBERRY. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, near as I can tell, this is an amendment in response to
a mistaken press story. We depend on nuclear deterrent as the
cornerstone of our defense efforts. The nuclear weapons are aging
machines. We don't understand everything that happens as they age. We
have fewer of them and fewer kinds of them so that if there is a
problem, it is a bigger deal.
So, what we have decided to do is to be ready to test in case we need
to. That is what the $10 million in the Senate is. It is test
readiness, like the diagnostic machines, the machines that dig holes in
the ground to do these underground tests.
We need to be ready. The harder we make it to test, the more
obstacles we put in the way of a test if needed--only if needed. But
the harder we make it, the less credible our nuclear deterrent is. The
less credible our nuclear deterrent is, the more our adversaries will
try to take advantage of us and the more our allies will decide to
develop their own nuclear weapons because they can't depend on us.
Mr. Speaker, these things are important. They have big consequences.
We should not make decisions like this based on a mistaken press story.
Mr. Speaker, I urge that the amendment be rejected, and I yield back
the balance of my time.
Mr. McGOVERN. Mr. Speaker, I rise in strong support of the amendment
offered by Representatives McAdams, Titus, Horsford and myself.
Mr. Speaker, on July 16th, 75 years ago at 5:29 a.m., the first ever
nuclear explosion burned across the skies of New Mexico, changing the
world forever.
The Trinity Test was certainly an astonishing moment. When the bomb,
called the Gadget, detonated, the observing scientists experienced the
literal definition of shock and awe.
A great deal has happened since that first test of an atomic bomb.
The United States is the only nation to have used nuclear bombs against
a foreign nation. The U.S. carried out tests for several decades,
ending them only in 1992.
During those years, nuclear testing killed or sickened thousands of
military personnel who were involved in the detonations, as well the
people who lived downrange from U.S. test sites, including tens of
thousands in the continental United States. These communities are still
dealing with the devastating legacy of nuclear testing decades after
the U.S. conducted its last nuclear test in 1992. The responsible step
for Congress would be to extend and expand the Radiation Effects
Compensation Act (RECA) rather than to endorse talk of resuming U.S.
nuclear testing, which would dishonor the experiences of downwinders
and atomic veterans.
The United States established a blue-ribbon panel to investigate what
had happened to our atomic veterans, resulting in public apologies by
Presidents H.W. Bush, Bill Clinton and George Bush and special
reparations and health program by the Departments of Justice and
Veterans Affairs. I would like to thank Chairman Adam Smith and Ranking
Member Thornberry for including in the underlying bill, H.R. 6395, a
provision to honor our Atomic Veterans with a service medal, and I urge
them to fight to include this provision in the final conference report
of the NDAA later this year.
For more than a quarter-century, the Science-Based Stockpile
Stewardship Program has worked extraordinarily well in ensuring the
reliability of the existing nuclear warhead types in the U.S. arsenal.
The overwhelming majority of the past U.S. nuclear test explosions were
for ``weapons development'' and ``weapons effects'' purposes. There is
[[Page H3333]]
simply no technical reason to resume testing now, nor in the
foreseeable future.
Mr. Speaker, resuming U.S. testing would violate the global taboo
against nuclear testing established by the 1996 Comprehensive Test Ban
Treaty. As one of the 184 signatories of the CTBT, the United States
has a legal obligation not to take actions that violate the object and
purpose of the treaty, which is to prohibit nuclear test explosions, no
matter what the yield. Renewed testing by the U.S. would undermine
global support for operating and maintaining the treaty's International
Monitoring System, which the United States itself depends upon to help
monitor other states' compliance with the nuclear test ban.
The McAdams-Titus amendment is right thing to do. It is the smart
thing to do. And it is the moral and humane thing to do.
For these and so many other reasons, I urge all my colleagues to
support the McAdams amendment.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 1053, the previous question is ordered
on the amendment offered by the gentleman from Utah (Mr. McAdams).
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. THORNBERRY. Mr. Speaker, I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3 of House Resolution
965, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 5 Offered by Ms. Omar
The SPEAKER pro tempore. It is now in order to consider amendment No.
5 printed in House Report 116-457.
Ms. OMAR. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 766, beginning line 15, strike section 1213 and insert
the following:
SEC. 1213. COMPLETION OF ACCELERATED TRANSITION OF UNITED
STATES COMBAT AND MILITARY AND SECURITY
OPERATIONS TO THE GOVERNMENT OF AFGHANISTAN.
(a) In General.--It is the policy of the United States
that, in coordination with the Government of Afghanistan,
North Atlantic Treaty Organization (NATO) member countries,
and other allies in Afghanistan, the President shall--
(1) complete the accelerated transition of United States
combat operations to the Government of Afghanistan by April
29, 2021;
(2) complete the accelerated transition of all military
forces of the United States, its allies, and coalition
partners, including all non-diplomatic civilian personnel,
security contractors, trainers, advisors, and supporting
services personnel by April 29, 2021; and
(3) implement the US--Taliban agreement of February 29,
2020, in pursuit of a political settlement and reconciliation
of the internal conflict in Afghanistan that includes the
Government of Afghanistan, all interested parties within
Afghanistan, and the observance and support of
representatives of donor countries active in Afghanistan,
regional governments, and partners, in order to secure a
secure and independent Afghanistan and regional security and
stability.
(b) Sense of Congress.--It is the sense of Congress that--
(1) if the President determines that it is necessary to
maintain United States Armed Forces in Afghanistan to carry
out missions after April 29, 2021, such continued presence
and missions should be authorized by a separate vote of
Congress not later than October 7, 2021; and
(2) the withdrawal of the United States Armed Forces from
Afghanistan must be accompanied by a long-term peace process
that is inclusive of all parties to the conflict and sectors
of civil society.
(c) Rule of Construction.--Nothing in this section may be
construed to prohibit or otherwise limit any authority of the
President to--
(1) modify the military strategy, tactics, and operations
of United States Armed Forces as such Armed Forces redeploy
from Afghanistan;
(2) attack al Qaeda forces wherever such forces are
located;
(3) provide financial support and equipment to the
Government of Afghanistan for the training and supply of
Afghanistan military and security forces; or
(4) gather, provide, and share intelligence with United
States allies operating in Afghanistan and Pakistan.
The SPEAKER pro tempore. Pursuant to House Resolution 1053, the
gentlewoman from Minnesota (Ms. Omar) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Minnesota.
Ms. OMAR. Mr. Speaker, October of next year will mark 20 years since
the war in Afghanistan started. That is a generation of devastation in
Afghanistan, a generation of our men and women in uniform being sent to
fight and die for a war with no exit strategy. And still, to this day,
there are people saying that we shouldn't be too hasty in leaving.
Too hasty? It has been two decades.
Mr. Speaker, there will never be a perfect time to withdraw our
troops. There will never be a time when making the right decision does
not include some risks.
Our obligation to Afghanistan's stability will not end when our
troops leave. My amendment sets a clear timeline and clear
Congressional intent that we must end our country's longest war.
Mr. Speaker, we put this debate in context. I want to say this
amendment was offered by my friend, Chairman McGovern, 7 years ago. It
passed the House in 2013 with the majority of both parties voting in
favor. During that debate, Mr. McGovern stood on the floor and said:
``The future and fate of tens of thousands of uniformed men and women
deserve a vote.'' The House took that vote, and 305 Members of this
body voted to end the war in Afghanistan.
Yet, since then, we have had 7 years of fighting and sustained
violence, 7 years of civilian casualties, 7 years of servicemembers
being forced to say good-bye to their families and subjected to a
terrible trauma.
In many ways, it is baffling to me that I have to do this, but I echo
Mr. McGovern's words from 2013: The future and fate of thousands of
uniformed men and women deserve a vote.
As a survivor of war, I can tell you that even 1 more minute of
conflict comes with a cost that is too great for most to imagine.
Finally, I say that I do not believe that the end of military
engagement should be the end of our obligation to the Afghanistan
people. Mr. Speaker, my amendment calls for a comprehensive peace plan
that includes all sectors of civil society. It calls for renewed
engagement on diplomacy and development. It calls us to fulfill our
moral and strategic obligation but not to risk one more life of
American servicemembers in a war with no clear objective.
{time} 1515
Mr. THORNBERRY. Mr. Speaker, I claim the time in opposition to the
amendment.
The SPEAKER pro tempore. The gentleman from Texas is recognized for 5
minutes.
Mr. THORNBERRY. Mr. Speaker, I yield 2 minutes to the gentlewoman
from Wyoming (Ms. Cheney).
Ms. CHENEY. Mr. Speaker, I rise in strong opposition to this
amendment.
Our forces remain in Afghanistan in order to prevent terrorists from
establishing safe havens from which they can launch attacks against the
United States.
My colleague, Ms. Omar, has said that she is a survivor of war, and I
honor the fact that she has been able to find safety and refuge and
citizenship and opportunity and freedom and that she stands with me
today on the floor of this body, this people's House. I think that
tells you what an incredible nation the United States is.
But I also think that as someone who has described herself as a
survivor of war, she would recognize more fully the damage and the
devastation that was done to the United States of America on September
11 when we were attacked by terrorists who trained and plotted and
launched from bases in Afghanistan.
Decisions about troop levels in Afghanistan must be based on
conditions on the ground. Wars don't end because the United States
retreats. What that means is that we have ceded the ground to our
adversaries. And wars don't end because some number of years have
passed. We have to decide whether we want to fight the terrorists, al-
Qaida, ISIS, the Taliban, in Afghanistan or whether we have to fight
them here.
Pretending the Taliban is a partner for peace, especially in the
wake, Mr. Speaker, of reports that Russia is paying the Taliban to kill
United States troops, is indefensible, whether you are a Democrat or a
Republican.
I urge my colleagues to recognize that decisions about troop levels
must
[[Page H3334]]
be made based on what is necessary to prevent terrorists from
establishing safe havens they can use to attack all of us and the
freedoms and the values we hold dear.
This is a dangerous amendment. I urge my colleagues to oppose it.
Ms. OMAR. Mr. Speaker, the last time this amendment was voted on in
2013, again, it got 305 Members of this body to vote for it. Nothing
has changed since then.
Mr. Speaker, I yield 1\1/2\ minutes to the gentlewoman from
California (Ms. Lee), the only Member of the House to vote against the
2001 authorization for war.
Ms. LEE of California. Mr. Speaker, first of all, let me thank
Congresswoman Omar for introducing this amendment and for her
tremendous leadership; also, to Chairman McGovern, who offered this
amendment several years ago when it passed the House with the support
of, as Congresswoman Omar said, over 300 Members.
Our war in Afghanistan began almost two decades ago. At that time, we
drafted, debated, and passed an authorization for Use of Military Force
in 3 days. Congress applied no time limit. It gave authority for a
mission so broad and vaguely defined that it has essentially created a
blank check for 20 years of war.
Yes, I was opposed then to that resolution. But, quite frankly, I
gain no satisfaction that my fears have been fully justified. But I do
think there is a lesson here, and that is that Congress that needs to
play a more active role in defining the scope and the timing of how
America makes war.
Some of my friends will argue against this amendment by saying we
cannot tie the hands of the military. I would ask them to look at where
we are. When Congress fails to insist on limits and guidelines for our
military, the mission gets confused and lost.
We have now negotiated an agreement to bring our role in Afghanistan
to an end. The President himself has said that he intends to bring our
troops home. This amendment will provide the accountability for doing
so.
It is far past time to bring almost two decades--mind you, two
decades--of nonstop war to an end. These forever wars have spanned
wider and wider.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Ms. OMAR. Mr. Speaker, I yield an additional 30 seconds to the
gentlewoman from California (Ms. Lee).
Ms. LEE of California. These wars, I remind you, have cost us $5
trillion and claimed hundreds of thousands of lives.
The war in Afghanistan is the longest war in American history, with
troops now fighting a war that was launched before they were even born.
Enough is enough. This is a thoughtful and deliberative way for us to
untangle our military from Afghanistan and bring this long war to an
end.
So I want to thank the gentlewoman from Minnesota for her tremendous
leadership in bringing this important amendment to the floor, and I ask
for an ``aye'' vote.
Ms. OMAR. Mr. Speaker, I yield back the balance of my time.
Mr. THORNBERRY. Mr. Speaker, I yield 1 minute to the gentleman from
Colorado (Mr. Crow), a distinguished combat veteran.
Mr. CROW. Mr. Speaker, after almost 20 years and thousands of lives,
the war in Afghanistan must come to an end. I know, because I served
two combat tours there and saw the horrors of that war. That is why,
since coming to Congress, I have been at the forefront of efforts to
end the war and reassert Congress' war powers and end some of the
Authorizations for Use of Military Force.
But in doing so, we must not be driven by artificial deadlines
dictated by election-year politics. We must coordinate with our allies
who still serve shoulder to shoulder with us. We must protect our
troops during very high-risk withdrawal operations. We must prevent a
resurgence of ISIS like we saw in Iraq. And, importantly, we must
establish some safeguards for the women and children of Afghanistan.
Let's do this. Let's bring our troops home and dedicate our resources
here. But let's do it the right way, not rushed by the coming election
day.
Many of my colleagues and I share the same goals, but there is a
right way to do it and a wrong way to do it. That is why I urge my
colleagues to oppose this amendment.
Mr. THORNBERRY. Mr. Speaker, I yield 1 minute to the gentleman from
Massachusetts (Mr. Moulton), another distinguished combat veteran.
Mr. MOULTON. Mr. Speaker, I share the same goals as Mr. Crow and my
colleagues. And I have tremendous respect for Representative Omar, who
has brought this amendment forward for debate.
I don't think there is anyone who wants to bring the troops home more
than someone like Mr. Crow, who has served on the ground in Afghanistan
in combat. But there is an objective for this war. There is a reason
why he went and put his life on the line for this country, and that is
to prevent another terrorist attack here at home.
It is our solemn duty to protect the people of the United States and
maintain our national security. We didn't end World War II by saying to
the Germans: ``We are going to withdraw by a certain deadline.'' We
came home when the job was done.
We can have a very wise and important debate about whether we are
doing the job well in Afghanistan and as quickly as possible. We can't
forget why we have gone. We can't forget what it takes to come home.
Mr. THORNBERRY. Mr. Speaker, I yield myself the balance of my time.
Mr. Speaker, somehow, somewhere, common sense has to play a role
here. We have a negotiated agreement with the Taliban. Part of that
agreement involves the reduction and ultimate withdrawal of U.S.
troops. In return, the Taliban has promised to play a more constructive
role in the country.
This amendment says we are leaving anyway, no matter what the Taliban
does. It wraps up their fondest wish, puts a bow on it, and just hands
it to them, betraying the brave men and women of Afghanistan who have
worked and sacrificed to build a better country and worked side by side
with us to prevent another terrorist attack against us.
That seems to make no sense. Why would we do such a thing?
As all the speakers have said, we all want to ultimately leave
Afghanistan. We should do so in a way that is fair to our allies, fair
to the people of Afghanistan, and protects American national security.
Mr. Speaker, I yield back the balance of my time.
Mr. McGOVERN. Mr. Speaker, I rise today in strong support of
Amendment No. 5 offered by the gentlelady from Minnesota, Congresswoman
Omar, to establish a policy framework for the accelerated withdrawal of
U.S. forces from Afghanistan. I thank Congresswoman Omar for her
leadership on this and so many other critical foreign and defense
policy issues.
Mr. Speaker, in October of this year, the United States will have
been engaged in the Afghanistan conflict for 19 years. That's 19 years
of war, Mr. Speaker. Nineteen years of terrible losses of life--among
our brave troops and servicemembers, our coalition partners,
humanitarian and other development aid workers, and most of all, among
the people of Afghanistan who have suffered the highest death toll.
The numbers of deaths and injuries are chilling: nearly 2400 U.S.
military have died; over 20,000 have been wounded; and over 1700 U.S.
contractors have lost their lives in Afghanistan. For the Afghan
people, the war has been devastating: over 100,000 Afghan civilians
have been killed or wounded over the course of this war. According to
the United Nations, whose figures are considered conservative, for each
of the past six years, Afghan civilians have suffered over 10,000
casualties annually. Mr. Speaker, it is likely that every family in
Afghanistan has suffered grave loss from this unending war.
It's been 19 years of devastation, Mr. Speaker. No one can assert
that it would be a hasty or untimely moment to consider withdrawing our
forces from Afghanistan. In fact, I believe that it is well past time
for the United States to withdraw its forces, close the chapter on this
war, and take meaningful steps to secure a stable peace.
This amendment calls for a long-term, inclusive peace process and
strikes a section of the NDAA that would impose unduly onerous
conditions on troop drawdown, essentially preventing any withdrawal and
prolonging this endless war. A nearly identical amendment passed the
House in 2013, 305-121, with overwhelming bipartisan support. That was
an amendment offered by Congressman Adam Smith (WA), our late colleague
Walter Jones of North Carolina, and me. If the House so overwhelmingly
supported a withdrawal of troops in 2013, then why not today?
According to the ``Costs of War Project at Brown University,'' the
United States has
[[Page H3335]]
spent nearly $2 trillion on this war. To finance war spending, the
United States has borrowed heavily and will pay more than $600 billion
in interest on those loans through 2023. The rest of the debt will take
years to repay.
In addition to the more than $2 trillion the U.S. government has
already spent on the war, debt and medical costs will continue long
into the future.
Mr. Speaker, I know that Afghanistan is in the midst of negotiations
to end this conflict. The withdrawal of U.S. troops is a key element of
securing that peace. Let us begin today to put that framework in place,
begin the safe and orderly withdrawal of our troops; and put an end to
the longest war in U.S. history.
I urge all my colleagues to support the Omar Amendment No. 5.
Mr. McCAUL. Mr. Speaker, I agree with Ranking Member Thornberry in
opposing this irresponsibly unbalanced amendment.
This text one-sidedly declares it to be the policy of the United
States to complete the withdrawal of U.S. troops from Afghanistan by
April.
It directs what ``the President shall'' do, but makes no mention of
the Taliban's obligations that would render any withdrawal more
advisable or feasible.
By focusing only on U.S. withdrawal, it re-casts the conditions-based
U.S.-Taliban agreement as a retreat declaration, rather than a roadmap
toward peace.
The reality is that the President has been drawing down U.S. troops
in Afghanistan.
But contrary to the aim of this amendment, the President also has and
needs the authority to maintain a residual force to address potential
counterterrorism needs and the shifting situation on the ground.
More importantly, the Taliban must uphold their commitments--starting
the intra-Afghan dialogue, cutting ties with al Qaeda, securing a
permanent cease-fire, and preempting threats to U.S. security--or face
the consequences.
Those are the real steps needed for securing both a responsible U.S.
withdrawal and a lasting, inclusive peace for the people of
Afghanistan.
Instead of acknowledging that, this political amendment sends the
wrong message to the Taliban at the wrong time just to provide veto
bait against a bill critical for U.S. national security.
U.S. policy should be to urge the Taliban to uphold their
commitments, not to rashly abandon our Afghan partners to fend for
themselves against the Taliban and its deplorable record on human
rights.
The people of Afghanistan deserve better and as such, I urge a ``no''
vote.
The SPEAKER pro tempore. Pursuant to House Resolution 1053, the
previous question is ordered on the amendment offered by the
gentlewoman from Minnesota (Ms. Omar).
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. THORNBERRY. Mr. Speaker, I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3 of House Resolution
965, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 6 Offered by Ms. Jayapal
The SPEAKER pro tempore. It is now in order to consider amendment No.
6 printed in House Report 116-457.
Ms. JAYAPAL. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Strike section 1742 and insert the following new section:
SEC. 1742. REPEAL OF PROVISIONS RELATING TO UNFUNDED
PRIORITIES.
(a) The Armed Forces and the Missile Defense Agency.--
Chapter 9 of title 10, United States Code, is amended as
follows:
(1) Section 222a is repealed.
(2) Section 222b is repealed.
(3) In the table of sections at the beginning of the
chapter, strike the items relating to sections 222a and 222b.
(b) Laboratory Military Construction Projects.--Section
2806 of the National Defense Authorization Act for Fiscal
Year 2018 (Public Law 115-91; 10 U.S.C. 222a note) is
repealed.
The SPEAKER pro tempore. Pursuant to House Resolution 1053, the
gentlewoman from Washington (Ms. Jayapal) and a Member opposed each
will control 5 minutes.
The Chair recognizes the gentlewoman from Washington.
Ms. JAYAPAL. Mr. Speaker, my amendment would repeal the law that
requires the military to provide an unfunded priorities list to
Congress along with their budget request each year.
This year, the Pentagon requested a whopping $740 billion from
Congress, even more than last year, while other agencies like the State
Department, the EPA, and the Department of Housing and Urban
Development were cut by over 15 percent.
The defense budget eats up over half of our Nation's annual
discretionary budget, and yet this year Pentagon officials gave Members
of Congress a wish list of $18 billion in unfunded priorities on top of
its request for $740 billion in spending.
Why? Because in 2016, Congress actually passed a law requiring the
military services and combatant commands to provide annual wish lists
of weapons systems that the Pentagon couldn't fit into its already
massive budget.
No other Federal agency is required by law to provide such wish
lists, and with good reason. The practice is irresponsible, and it
undermines the very goals of budgeting.
So why does it exist? Because it gives special interests and the
defense contractor industry an opportunity to argue for Congress to
fund additional, extremely expensive weapons systems not important
enough to make it into the Pentagon's budget.
Now, this is a bipartisan concern. You might hear that this is
something that just Democrats want. No. Lawmakers have long questioned
the utility of unfunded priority lists. The late Senator John McCain,
chairman of the Senate Armed Services Committee, said in 2015:
``Actually, I am not really big on unfunded priority lists. I think
they're sort of a backdoor way of getting things done.''
Former Defense Secretary Robert Gates took a step further to ban the
practice of submitting these lists to Congress during his tenure.
Senator McCain and Secretary Gates were exactly right. We need to see
spending discipline and better efficiency within the Pentagon.
The Department of Defense has now failed two consecutive audits in 2
years. The Pentagon lost track of $800 million in construction projects
and $2.1 billion in spare parts for the F-35 program. And it even
buried an internal study revealing $125 billion in bureaucratic waste
amid fears that the findings might lead Congress to reconsider the
massive sum of taxpayer money that goes to the Pentagon each year.
If a private corporation lost track of hundreds of millions of
dollars and shielded evidence that it could save billions in wasteful
spending, its shareholders would find that completely unacceptable, but
the Defense Department has not undertaken the kind of real reform that
it needs. In fact, the senior officer the Pentagon appointed just 3
years ago to reform the Department is now poised to be eliminated
because she identified too much waste that could be saved.
Now, the other side might claim that these wish lists are necessary
for our national security. To that I say, if they are necessary, put
them in the budget. Put them in the budget. The Pentagon submitted a
budget for $740 billion. If these programs are so necessary, put them
in the budget. No budget on top of budgets.
Additionally, this amendment doesn't preclude our military services
and combatant commands from sending over wish lists or testifying to
Congress, but what it does do is end a terrible budgeting practice that
lines the pockets of a bunch of defense contractor lobbyists at the
expense of working people. That is unsustainable, and we must rein that
in.
Mr. Speaker, I reserve the balance of my time.
{time} 1530
Mr. THORNBERRY. Mr. Speaker, I rise in opposition to the amendment.
The SPEAKER pro tempore. The gentleman from Texas is recognized for 5
minutes.
Mr. THORNBERRY. Mr. Speaker, I yield myself 1\1/2\ minutes.
Mr. Speaker, I think this amendment reflects a basic understanding of
why that underlying provision of law is there.
The Pentagon loves this amendment because they have tried before to
prevent us from receiving any information about anything that is not in
their budget request. They want us to rubber-stamp whatever they send
over and not exercise our independent judgment.
But the Constitution says it is our responsibility to raise and
support,
[[Page H3336]]
provide and maintain the military forces of the United States. So, we
take the Pentagon proposal seriously, but it doesn't mean we rubber-
stamp them.
We solicit wider amounts of information, and sometimes, we have
different judgment calls. Looking back over history, our judgment calls
look pretty good, I would say. Sometimes within the Pentagon, there are
cultural issues, parochial issues, service rivalries that shape the
budget that comes to us.
We, in Congress, need that broader look. We need to hear from the
combatant commanders what did not make it into the budget because then
we may have a different judgment call about what should be in the
budget.
Those reports help us do our job. That is why it is a matter of law
that they are sent to us, and that is the reason it makes no sense to
deny us the information we need to fulfill our responsibilities under
the Constitution.
Mr. Speaker, I reserve the balance of my time.
Ms. JAYAPAL. Mr. Speaker, I yield 1 minute to the gentleman from
Washington (Mr. Smith), the distinguished chairman of the committee.
Mr. SMITH of Washington. Mr. Speaker, first of all, let me associate
myself with Ms. Jayapal's remarks. I completely agree with everything
she said.
I have an enormous amount of respect for Mr. Thornberry, but I
disagree with the premise of part of what he said. Part of what he said
is absolutely right. We should exercise our independent judgment and
not simply rubber-stamp what the Pentagon asks us for, but I don't see
how having them give us even more of what they want somehow better
enables us to exercise our independent judgment.
It is the Pentagon who is sending us what ``their priorities are.'' I
think we should be absolutely skeptical of whatever they sent us. But
to say, ``Look, you get to ask for $740 billion, and then you can ask
for even more,'' that somehow that makes it easier for us to exercise
independent judgment, independent of what the Pentagon wants, sort of
stands logic on its head.
Make no mistake about it, there is one and only one reason for this
law. It is because there are some who believe that no matter what you
spend on the Pentagon and defense spending, you could always spend
more. They are trying to push us down that road toward more, which is
wrong because it is a waste. But it is also wrong because it is bad for
national security.
We need to make choices, not imagine that the budget is unlimited.
That is what this does, and it should go away.
Mr. THORNBERRY. Mr. Speaker, I yield 1 minute to the gentleman from
Mississippi (Mr. Kelly).
Mr. KELLY of Mississippi. Mr. Speaker, the UFR list does not add any
additional spending authorizations to the NDAA. Congress has a
constitutional responsibility to fund the military. These lists provide
us with insight into senior leader requirements. It allows us to allow
the combatant commanders, the people down there who are closest to the
troops, to tell us what they need.
I am surprised that she is for the current administration, and the
DOD that is appointed by the current administration, to tell us how we
need to spend our money in Congress. I am not for that with any
President.
We need to do our job as Congress, and we need to listen to the
people closest to the ground, and it does not add any money to the
current NDAA process.
Ms. JAYAPAL. Mr. Speaker, how much time do I have left?
The SPEAKER pro tempore (Mr. Cuellar). The gentlewoman from
Washington has 30 seconds remaining.
Ms. JAYAPAL. Mr. Speaker, I just wanted to say that we are getting
the priorities from the Pentagon. That is called the budget. That is
what they are supposed to do. They are supposed to put together their
priorities and send it to us. So, we are looking at exactly what the
Pentagon wants.
We are responding to that by, in this case, putting $740 billion into
a defense budget. Now, you are going to tell me you need a budget on
top of the budget. That is bad budgeting, by every stretch of the
imagination.
Mr. Speaker, I don't care which President asked for it, it is bad.
That is why this has always been a bipartisan amendment or a bipartisan
idea to get rid of this Unfunded Priorities List. It does not do the
job; it bloats the military budget; and it is unnecessary and
inefficient and bad spending.
Mr. Speaker, I yield back the balance of my time.
Mr. THORNBERRY. Mr. Speaker, I yield 1 minute to the gentleman from
Michigan (Mr. Bergman).
Mr. BERGMAN. Mr. Speaker, I oppose this amendment.
The Unfunded Priorities List is critical for services to convey their
needs to adequately capture emerging requirements.
The budgets submitted through an annual budgeting process are
constructed over the course of a year, but combat is a daily evolution.
Adversaries are really not concerned about our budgeting process.
As someone who has been responsible for creating a significantly
broad military budget, I know the challenges in planning for future
fights while recognizing the fluidity and uncertainty surrounding
current operations.
UFRs allow services to convey to Congress which budget sacrifices
were made and the associated consequences. More importantly, the Armed
Services Committee rightfully added the Chief of the National Guard
Bureau to the UFR's list this year. This amendment would strike that
language and impede the Guard in adjusting for the unexpected.
Undercutting the National Guard in a year in which they have been
asked to do so much for our country is not--I repeat not--a wise course
of action.
This amendment should not be supported, and I urge my colleagues to
vote ``no.''
Mr. THORNBERRY. Mr. Speaker, I yield 1\1/2\ minutes to the
gentlewoman from Missouri (Mrs. Hartzler).
Mrs. HARTZLER. Mr. Speaker, I rise in opposition to this misguided
amendment.
I am amazed that there are Members of Congress who want to limit the
amount of information we receive to make important funding decisions
for our national security.
Congress has the power of the purse. Congress has the responsibility
to make the tough funding decisions. In order to do that, we need the
information available.
We should not be a rubber stamp for the Pentagon. Contrary to what
the amendment's sponsor said, unfunded requirements lists do not
increase the size of the military's budget. We, as Members of Congress,
must find offsets if we want to fund a requirement on the list.
For example, in the budget request, the Air Force made significant
cuts to intelligence, surveillance, and reconnaissance programs. Almost
every COCOM unfunded requirements list had ISR capabilities as a
critical requirement and operational need. This committee, after
conducting careful oversight, made the decision to restore funding for
those programs based on the identified needs of our combatant
commanders.
We did not pull the money out of thin air. We found places in the
budget request to cut to support these programs and minimize near-term
operational risk.
All this amendment does is limit the information Congress receives
from the military services, to include the National Guard.
Mr. Speaker, I strongly encourage Members to oppose this amendment.
Mr. THORNBERRY. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 1053, the
previous question is ordered on the amendment offered by the
gentlewoman from Washington (Ms. Jayapal).
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. THORNBERRY. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3 of House Resolution
965, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
will be postponed.
Amendment No. 7 Offered by Ms. DeGette
The SPEAKER pro tempore. It is now in order to consider amendment No.
7 printed in House Report 116-457.
Ms. DeGETTE. Mr. Speaker, I have an amendment at the desk.
[[Page H3337]]
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 1455, after line 25, insert the following new
division:
DIVISION E--PUBLIC LANDS
SECTION 1. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Protecting America's Wilderness Act''.
(b) Table of Contents.--The table of contents for this
division is as follows:
Sec. 1. Short title; table of contents.
TITLE I--COLORADO WILDERNESS
Sec. 101. Short title; definition.
Sec. 102. Additions to National Wilderness Preservation System in the
State of Colorado.
Sec. 103. Administrative provisions.
Sec. 104. Water.
Sec. 105. Sense of Congress.
Sec. 106. Department of defense study on impacts that the expansion of
wilderness designations in the western united states
would have on the readiness of the armed forces of the
united states with respect to aviation training.
TITLE II--NORTHWEST CALIFORNIA WILDERNESS, RECREATION, AND WORKING
FORESTS
Sec. 201. Short title.
Sec. 202. Definitions.
Subtitle A--Restoration and Economic Development
Sec. 211. South Fork Trinity-Mad River Restoration Area.
Sec. 212. Redwood National and State Parks restoration.
Sec. 213. California Public Lands Remediation Partnership.
Sec. 214. Trinity Lake visitor center.
Sec. 215. Del Norte County visitor center.
Sec. 216. Management plans.
Sec. 217. Study; partnerships related to overnight accommodations.
Subtitle B--Recreation
Sec. 221. Horse Mountain Special Management Area.
Sec. 222. Bigfoot National Recreation Trail.
Sec. 223. Elk Camp Ridge Recreation Trail.
Sec. 224. Trinity Lake Trail.
Sec. 225. Trails study.
Sec. 226. Construction of mountain bicycling routes.
Sec. 227. Partnerships.
Subtitle C--Conservation
Sec. 231. Designation of wilderness.
Sec. 232. Administration of wilderness.
Sec. 233. Designation of potential wilderness.
Sec. 234. Designation of wild and scenic rivers.
Sec. 235. Sanhedrin Special Conservation Management Area.
Subtitle D--Miscellaneous
Sec. 241. Maps and legal descriptions.
Sec. 242. Updates to land and resource management plans.
Sec. 243. Pacific Gas and Electric Company Utility facilities and
rights-of-way.
TITLE III--CENTRAL COAST HERITAGE PROTECTION
Sec. 301. Short title.
Sec. 302. Definitions.
Sec. 303. Designation of wilderness.
Sec. 304. Designation of the Machesna Mountain Potential Wilderness.
Sec. 305. Administration of wilderness.
Sec. 306. Designation of Wild and Scenic Rivers.
Sec. 307. Designation of the Fox Mountain Potential Wilderness.
Sec. 308. Designation of scenic areas.
Sec. 309. Condor National Scenic Trail.
Sec. 310. Forest service study.
Sec. 311. Nonmotorized recreation opportunities.
Sec. 312. Use by members of Tribes.
TITLE IV--SAN GABRIEL MOUNTAINS FOOTHILLS AND RIVERS PROTECTION
Sec. 401. Short title.
Sec. 402. Definition of State.
Subtitle A--San Gabriel National Recreation Area
Sec. 411. Purposes.
Sec. 412. Definitions.
Sec. 413. San Gabriel National Recreation Area.
Sec. 414. Management.
Sec. 415. Acquisition of non-Federal land within Recreation Area.
Sec. 416. Water rights; water resource facilities; public roads;
utility facilities.
Sec. 417. San Gabriel National Recreation Area Public Advisory Council.
Sec. 418. San Gabriel National Recreation Area Partnership.
Sec. 419. Visitor services and facilities.
Subtitle B--San Gabriel Mountains
Sec. 421. Definitions.
Sec. 422. National monument boundary modification.
Sec. 423. Designation of Wilderness Areas and Additions.
Sec. 424. Administration of Wilderness Areas and Additions.
Sec. 425. Designation of Wild and Scenic Rivers.
Sec. 426. Water rights.
TITLE V--RIM OF THE VALLEY CORRIDOR PRESERVATION
Sec. 501. Short title.
Sec. 502. Boundary adjustment; land acquisition; administration.
TITLE VI--WILD OLYMPICS WILDERNESS AND WILD AND SCENIC RIVERS
Sec. 601. Short title.
Sec. 602. Designation of olympic national forest wilderness areas.
Sec. 603. Wild and scenic river designations.
Sec. 604. Existing rights and withdrawal.
Sec. 605. Treaty rights.
TITLE VII--STUDY ON FLOOD RISK MITIGATION
Sec. 701. Study on Flood Risk Mitigation.
TITLE VIII--MISCELLANEOUS
Sec. 801. Promoting health and wellness for veterans and
servicemembers.
Sec. 802. Fire, insects, and diseases.
Sec. 803. Military activities.
TITLE I--COLORADO WILDERNESS
SEC. 101. SHORT TITLE; DEFINITION.
(a) Short Title.--This title may be cited as the ``Colorado
Wilderness Act of 2020''.
(b) Secretary Defined.--As used in this title, the term
``Secretary'' means the Secretary of the Interior or the
Secretary of Agriculture, as appropriate.
SEC. 102. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION
SYSTEM IN THE STATE OF COLORADO.
(a) Additions.--Section 2(a) of the Colorado Wilderness Act
of 1993 (Public Law 103-77; 107 Stat. 756; 16 U.S.C. 1132
note) is amended by adding at the end the following
paragraphs:
``(23) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 316 acres, as generally depicted on a map
titled `Maroon Bells Addition Proposed Wilderness', dated
July 20, 2018, which is hereby incorporated in and shall be
deemed to be a part of the Maroon Bells-Snowmass Wilderness
Area designated by Public Law 88-577.
``(24) Certain lands managed by the Gunnison Field Office
of the Bureau of Land Management, which comprise
approximately 38,217 acres, as generally depicted on a map
titled `Redcloud & Handies Peak Proposed Wilderness', dated
October 9, 2019, which shall be known as the Redcloud Peak
Wilderness.
``(25) Certain lands managed by the Gunnison Field Office
of the Bureau of Land Management or located in the Grand
Mesa, Uncompahgre, and Gunnison National Forests, which
comprise approximately 26,734 acres, as generally depicted on
a map titled `Redcloud & Handies Peak Proposed Wilderness',
dated October 9, 2019, which shall be known as the Handies
Peak Wilderness.
``(26) Certain lands managed by the Royal Gorge Field
Office of the Bureau of Land Management, which comprise
approximately 16,481 acres, as generally depicted on a map
titled `Table Mountain & McIntyre Hills Proposed Wilderness',
dated November 7, 2019, which shall be known as the McIntyre
Hills Wilderness.
``(27) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 10,282 acres, as generally depicted on a map
titled `Grand Hogback Proposed Wilderness', dated October 16,
2019, which shall be known as the Grand Hogback Wilderness.
``(28) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 25,624 acres, as generally depicted on a map
titled `Demaree Canyon Proposed Wilderness', dated October 9,
2019, which shall be known as the Demaree Canyon Wilderness.
``(29) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 28,279 acres, as generally depicted on a map
titled `Little Books Cliff Proposed Wilderness', dated
October 9, 2019, which shall be known as the Little
Bookcliffs Wilderness.
``(30) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 14,886 acres, as generally depicted on a map
titled `Bull Gulch & Castle Peak Proposed Wilderness', dated
January 29, 2020, which shall be known as the Bull Gulch
Wilderness.
``(31) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 12,016 acres, as generally depicted on a map
titled `Bull Gulch & Castle Peak Proposed Wilderness Areas',
dated January 29, 2020, which shall be known as the Castle
Peak Wilderness.''.
(b) Further Additions.--The following lands in the State of
Colorado administered by the Bureau of Land Management or the
United States Forest Service are hereby designated as
wilderness and, therefore, as components of the National
Wilderness Preservation System:
(1) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management or located in
the White River National Forest, which comprise approximately
19,240 acres, as generally depicted on a map titled
``Assignation Ridge Proposed Wilderness'', dated November 12,
2019, which shall be known as the Assignation Ridge
Wilderness.
(2) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management or located in the Pike and
San
[[Page H3338]]
Isabel National Forests, which comprise approximately 23,116
acres, as generally depicted on a map titled ``Badger Creek
Proposed Wilderness'', dated November 7, 2019, which shall be
known as the Badger Creek Wilderness.
(3) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management or located in the Pike and
San Isabel National Forests, which comprise approximately
35,251 acres, as generally depicted on a map titled ``Beaver
Creek Proposed Wilderness'', dated November 7, 2019, which
shall be known as the Beaver Creek Wilderness.
(4) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management or the Bureau of Reclamation
or located in the Pike and San Isabel National Forests, which
comprise approximately 32,884 acres, as generally depicted on
a map titled ``Grape Creek Proposed Wilderness'', dated
November 7, 2019, which shall be known as the Grape Creek
Wilderness.
(5) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 13,351 acres, as generally depicted on a map
titled ``North & South Bangs Canyon Proposed Wilderness'',
dated October 9, 2019, which shall be known as the North
Bangs Canyon Wilderness.
(6) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 5,144 acres, as generally depicted on a map
titled ``North & South Bangs Canyon Proposed Wilderness'',
dated October 9, 2019, which shall be known as the South
Bangs Canyon Wilderness.
(7) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management, which comprise
approximately 26,624 acres, as generally depicted on a map
titled ``Unaweep & Palisade Proposed Wilderness'', dated
October 9, 2019, which shall be known as The Palisade
Wilderness.
(8) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management or located in the
Grand Mesa, Uncompaghre, and Gunnison National Forests, which
comprise approximately 19,776 acres, as generally depicted on
a map titled ``Unaweep & Palisade Proposed Wilderness'',
dated October 9, 2019, which shall be known as the Unaweep
Wilderness.
(9) Certain lands managed by the Grand Junction Field
Office of the Bureau of Land Management and Uncompaghre Field
Office of the Bureau of Land Management and in the Manti-
LaSal National Forest, which comprise approximately 37,637
acres, as generally depicted on a map titled ``Sewemup Mesa
Proposed Wilderness'', dated November 7, 2019, which shall be
known as the Sewemup Mesa Wilderness.
(10) Certain lands managed by the Kremmling Field Office of
the Bureau of Land Management, which comprise approximately
31 acres, as generally depicted on a map titled ``Platte
River Addition Proposed Wilderness'', dated July 20, 2018,
and which are hereby incorporated in and shall be deemed to
be part of the Platte River Wilderness designated by Public
Law 98-550.
(11) Certain lands managed by the Uncompahgre Field Office
of the Bureau of Land Management, which comprise
approximately 17,587 acres, as generally depicted on a map
titled ``Roubideau Proposed Wilderness'', dated October 9,
2019, which shall be known as the Roubideau Wilderness.
(12) Certain lands managed by the Uncompahgre Field Office
of the Bureau of Land Management or located in the Grand
Mesa, Uncompaghre, and Gunnison National Forests, which
comprise approximately 12,102 acres, as generally depicted on
a map titled ``Norwood Canyon Proposed Wilderness'', dated
November 7, 2019, which shall be known as the Norwood Canyon
Wilderness.
(13) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management, which comprise approximately
24,475 acres, as generally depicted on a map titled ``Papoose
& Cross Canyon Proposed Wilderness'', and dated January 29,
2020, which shall be known as the Cross Canyon Wilderness.
(14) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management, which comprise approximately
21,220 acres, as generally depicted on a map titled ``McKenna
Peak Proposed Wilderness'', dated October 16, 2019, which
shall be known as the McKenna Peak Wilderness.
(15) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management, which comprise approximately
14,270 acres, as generally depicted on a map titled ``Weber-
Menefee Mountain Proposed Wilderness'', dated October 9,
2019, which shall be known as the Weber-Menefee Mountain
Wilderness.
(16) Certain lands managed by the Uncompahgre and Tres Rios
Field Offices of the Bureau of Land Management or the Bureau
of Reclamation, which comprise approximately 33,351 acres, as
generally depicted on a map titled ``Dolores River Canyon
Proposed Wilderness'', dated November 7, 2019, which shall be
known as the Dolores River Canyon Wilderness.
(17) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management or located in the Pike and
San Isabel National Forests, which comprise approximately
17,922 acres, as generally depicted on a map titled ``Browns
Canyon Proposed Wilderness'', dated October 9, 2019, which
shall be known as the Browns Canyon Wilderness.
(18) Certain lands managed by the San Luis Field Office of
the Bureau of Land Management, which comprise approximately
10,527 acres, as generally depicted on a map titled ``San
Luis Hills Proposed Wilderness'', dated October 9, 2019 which
shall be known as the San Luis Hills Wilderness.
(19) Certain lands managed by the Royal Gorge Field Office
of the Bureau of Land Management, which comprise
approximately 23,559 acres, as generally depicted on a map
titled ``Table Mountain & McIntyre Hills Proposed
Wilderness'', dated November 7, 2019, which shall be known as
the Table Mountain Wilderness.
(20) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management or located in the San Juan
National Forest, which comprise approximately 10,844 acres,
as generally depicted on a map titled ``North & South
Ponderosa Gorge Proposed Wilderness'', and dated January 31,
2020, which shall be known as the North Ponderosa Gorge
Wilderness.
(21) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management or located in the San Juan
National Forest, which comprise approximately 12,393 acres,
as generally depicted on a map titled ``North & South
Ponderosa Gorge Proposed Wilderness'', and dated January 31,
2020 which shall be known as the South Ponderosa Gorge
Wilderness.
(22) Certain lands managed by the Little Snake Field Office
of the Bureau of Land Management which comprise approximately
33,168 acres, as generally depicted on a map titled ``Diamond
Breaks Proposed Wilderness'', and dated January 31, 2020
which shall be known as the Diamond Breaks Wilderness.
(23) Certain lands managed by the Tres Rios Field Office of
the Bureau of Land Management which comprises approximately
4,782 acres, as generally depicted on the map titled
``Papoose & Cross Canyon Proposed Wilderness' ''', and dated
January 29, 2020 which shall be known as the Papoose Canyon
Wilderness.
(c) West Elk Addition.--Certain lands in the State of
Colorado administered by the Gunnison Field Office of the
Bureau of Land Management, the United States National Park
Service, and the Bureau of Reclamation, which comprise
approximately 6,695 acres, as generally depicted on a map
titled ``West Elk Addition Proposed Wilderness'', dated
October 9, 2019, are hereby designated as wilderness and,
therefore, as components of the National Wilderness
Preservation System and are hereby incorporated in and shall
be deemed to be a part of the West Elk Wilderness designated
by Public Law 88-577. The boundary adjacent to Blue Mesa
Reservoir shall be 50 feet landward from the water's edge,
and shall change according to the water level.
(d) Blue Mesa Reservoir.--If the Bureau of Reclamation
determines that lands within the West Elk Wilderness Addition
are necessary for future expansion of the Blue Mesa
Reservoir, the Secretary shall by publication of a revised
boundary description in the Federal Register revise the
boundary of the West Elk Wilderness Addition.
(e) Maps and Descriptions.--As soon as practicable after
the date of enactment of the Act, the Secretary shall file a
map and a boundary description of each area designated as
wilderness by this section with the Committee on Natural
Resources of the House of Representatives and the Committee
on Energy and Natural Resources of the Senate. Each map and
boundary description shall have the same force and effect as
if included in this title, except that the Secretary may
correct clerical and typographical errors in the map or
boundary description. The maps and boundary descriptions
shall be on file and available for public inspection in the
Office of the Director of the Bureau of Land Management,
Department of the Interior, and in the Office of the Chief of
the Forest Service, Department of Agriculture, as
appropriate.
(f) State and Private Lands.--Lands within the exterior
boundaries of any wilderness area designated under this
section that are owned by a private entity or by the State of
Colorado, including lands administered by the Colorado State
Land Board, shall be included within such wilderness area if
such lands are acquired by the United States. Such lands may
be acquired by the United States only as provided in the
Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 103. ADMINISTRATIVE PROVISIONS.
(a) In General.--Subject to valid existing rights, lands
designated as wilderness by this title shall be managed by
the Secretary in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.) and this title, except that, with
respect to any wilderness areas designated by this title, any
reference in the Wilderness Act to the effective date of the
Wilderness Act shall be deemed to be a reference to the date
of enactment of this Act.
(b) Grazing.--Grazing of livestock in wilderness areas
designated by this title shall be administered in accordance
with the provisions of section 4(d)(4) of the Wilderness Act
(16 U.S.C. 1133(d)(4)), as further interpreted by section 108
of Public Law 96-560, and the guidelines set forth in
appendix A of House Report 101-405 of the 101st Congress.
(c) State Jurisdiction.--As provided in section 4(d)(7) of
the Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this
title shall be construed as affecting the jurisdiction or
responsibilities of the State of Colorado with respect to
wildlife and fish in Colorado.
(d) Buffer Zones.--
[[Page H3339]]
(1) In general.--Nothing in this title creates a protective
perimeter or buffer zone around any area designated as
wilderness by this title.
(2) Activities outside wilderness.--The fact that an
activity or use on land outside the areas designated as
wilderness by this title can be seen or heard within the
wilderness shall not preclude the activity or use outside the
boundary of the wilderness.
(e) Military Helicopter Overflights and Operations.--
(1) In general.--Nothing in this title restricts or
precludes--
(A) low-level overflights of military helicopters over the
areas designated as wilderness by this title, including
military overflights that can be seen or heard within any
wilderness area;
(B) military flight testing and evaluation;
(C) the designation or creation of new units of special use
airspace, or the establishment of military flight training
routes over any wilderness area; or
(D) helicopter operations at designated landing zones
within the potential wilderness areas established by
subsection (i)(1).
(2) Aerial navigation training exercises.--The Colorado
Army National Guard, through the High-Altitude Army National
Guard Aviation Training Site, may conduct aerial navigation
training maneuver exercises over, and associated operations
within, the potential wilderness areas designated by this
title--
(A) in a manner and degree consistent with the memorandum
of understanding dated August 4, 1987, entered into among the
Colorado Army National Guard, the Bureau of Land Management,
and the Forest Service; or
(B) in a manner consistent with any subsequent memorandum
of understanding entered into among the Colorado Army
National Guard, the Bureau of Land Management, and the Forest
Service.
(f) Running Events.--The Secretary may continue to
authorize competitive running events currently permitted in
the Redcloud Peak Wilderness Area and Handies Peak Wilderness
Area in a manner compatible with the preservation of such
areas as wilderness.
(g) Land Trades.--If the Secretary trades privately owned
land within the perimeter of the Redcloud Peak Wilderness
Area or the Handies Peak Wilderness Area in exchange for
Federal land, then such Federal land shall be located in
Hinsdale County, Colorado.
(h) Recreational Climbing.--Nothing in this title prohibits
recreational rock climbing activities in the wilderness
areas, such as the placement, use, and maintenance of fixed
anchors, including any fixed anchor established before the
date of the enactment of this Act--
(1) in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(i) Potential Wilderness Designations.--
(1) In general.--The following lands are designated as
potential wilderness areas:
(A) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 7,376 acres, as generally depicted on a map
titled ``Pisgah East & West Proposed Wilderness'' and dated
October 16, 2019, which, upon designation as wilderness under
paragraph (2), shall be known as the Pisgah East Wilderness.
(B) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management, which comprise
approximately 6,828 acres, as generally depicted on a map
titled ``Pisgah East & West Proposed Wilderness'' and dated
October 16, 2019, which, upon designation as wilderness under
paragraph (2), shall be known as the Pisgah West Wilderness.
(C) Certain lands managed by the Colorado River Valley
Field Office of the Bureau of Land Management or located in
the White River National Forest, which comprise approximately
16,101 acres, as generally depicted on a map titled ``Flat
Tops Proposed Wilderness Addition'', dated October 9, 2019,
and which, upon designation as wilderness under paragraph
(2), shall be incorporated in and shall be deemed to be a
part of the Flat Tops Wilderness designated by Public Law 94-
146.
(2) Designation as wilderness.--Lands designated as a
potential wilderness area by subparagraphs (A) through (C) of
paragraph (1) shall be designated as wilderness on the date
on which the Secretary publishes in the Federal Register a
notice that all nonconforming uses of those lands authorized
by subsection (e) in the potential wilderness area that would
be in violation of the Wilderness Act (16 U.S.C. 1131 et
seq.) have ceased. Such publication in the Federal Register
and designation as wilderness shall occur for the potential
wilderness area as the nonconforming uses cease in that
potential wilderness area and designation as wilderness is
not dependent on cessation of nonconforming uses in the other
potential wilderness area.
(3) Management.--Except for activities provided for under
subsection (e), lands designated as a potential wilderness
area by paragraph (1) shall be managed by the Secretary in
accordance with the Wilderness Act as wilderness pending the
designation of such lands as wilderness under this
subsection.
SEC. 104. WATER.
(a) Effect on Water Rights.--Nothing in this title--
(1) affects the use or allocation, in existence on the date
of enactment of this Act, of any water, water right, or
interest in water;
(2) affects any vested absolute or decreed conditional
water right in existence on the date of enactment of this
Act, including any water right held by the United States;
(3) affects any interstate water compact in existence on
the date of enactment of this Act;
(4) authorizes or imposes any new reserved Federal water
rights; and
(5) shall be considered to be a relinquishment or reduction
of any water rights reserved or appropriated by the United
States in the State of Colorado on or before the date of the
enactment of this Act.
(b) Midstream Areas.--
(1) Purpose.--The purpose of this subsection is to protect
for the benefit and enjoyment of present and future
generations--
(A) the unique and nationally important values of areas
designated as wilderness by section 102(b) (including the
geological, cultural, archaeological, paleontological,
natural, scientific, recreational, environmental, biological,
wilderness, wildlife, riparian, historical, educational, and
scenic resources of the public land); and
(B) the water resources of area streams, based on
seasonally available flows, that are necessary to support
aquatic, riparian, and terrestrial species and communities.
(2) Wilderness water rights.--
(A) In general.--The Secretary shall ensure that any water
rights within the wilderness designated by section 102(b)
required to fulfill the purposes of such wilderness are
secured in accordance with subparagraphs (B) through (G).
(B) State law.--
(i) Procedural requirements.--Any water rights for which
the Secretary pursues adjudication shall be appropriated,
adjudicated, changed, and administered in accordance with the
procedural requirements and priority system of State law.
(ii) Establishment of water rights.--
(I) In general.--Except as provided in subclause (II), the
purposes and other substantive characteristics of the water
rights pursued under this paragraph shall be established in
accordance with State law.
(II) Exception.--Notwithstanding subclause (I) and in
accordance with this title, the Secretary may appropriate and
seek adjudication of water rights to maintain surface water
levels and stream flows on and across the wilderness
designated by section 102(b) to fulfill the purposes of such
wilderness.
(C) Deadline.--The Secretary shall promptly, but not
earlier than January 1, 2021, appropriate the water rights
required to fulfill the purposes of the wilderness designated
by section 102(b).
(D) Required determination.--The Secretary shall not pursue
adjudication for any instream flow water rights unless the
Secretary makes a determination pursuant to subparagraph
(E)(ii) or (F).
(E) Cooperative enforcement.--
(i) In general.--The Secretary shall not pursue
adjudication of any Federal instream flow water rights
established under this paragraph if--
(I) the Secretary determines, upon adjudication of the
water rights by the Colorado Water Conservation Board, that
the Board holds water rights sufficient in priority, amount,
and timing to fulfill the purposes of this subsection; and
(II) the Secretary has entered into a perpetual agreement
with the Colorado Water Conservation Board to ensure full
exercise, protection, and enforcement of the State water
rights within the wilderness to reliably fulfill the purposes
of this subsection.
(ii) Adjudication.--If the Secretary determines that the
provisions of clause (i) have not been met, the Secretary
shall adjudicate and exercise any Federal water rights
required to fulfill the purposes of the wilderness in
accordance with this paragraph.
(F) Insufficient water rights.--If the Colorado Water
Conservation Board modifies the instream flow water rights
obtained under subparagraph (E) to such a degree that the
Secretary determines that water rights held by the State are
insufficient to fulfill the purposes of this title, the
Secretary shall adjudicate and exercise Federal water rights
required to fulfill the purposes of this title in accordance
with subparagraph (B).
(G) Failure to comply.--The Secretary shall promptly act to
exercise and enforce the water rights described in
subparagraph (E) if the Secretary determines that--
(i) the State is not exercising its water rights consistent
with subparagraph (E)(i)(I); or
(ii) the agreement described in subparagraph (E)(i)(II) is
not fulfilled or complied with sufficiently to fulfill the
purposes of this title.
(3) Water resource facility.--Notwithstanding any other
provision of law, beginning on the date of enactment of this
title, neither the President nor any other officer, employee,
or agent of the United States shall fund, assist, authorize,
or issue a license or permit for development of any new
irrigation and pumping facility, reservoir, water
conservation work, aqueduct, canal, ditch, pipeline, well,
hydropower project, transmission, other ancillary facility,
or other water, diversion, storage, or carriage structure in
the wilderness designated by section 102(b).
(c) Access and Operation.--
[[Page H3340]]
(1) Definition.--As used in this subsection, the term
``water resource facility'' means irrigation and pumping
facilities, reservoirs, water conservation works, aqueducts,
canals, ditches, pipelines, wells, hydropower projects,
transmission and other ancillary facilities, and other water
diversion, storage, and carriage structures.
(2) Access to water resource facilities.--Subject to the
provisions of this subsection, the Secretary shall allow
reasonable access to water resource facilities in existence
on the date of enactment of this Act within the areas
described in sections 102(b) and 102(c), including motorized
access where necessary and customarily employed on routes
existing as of the date of enactment of this Act.
(3) Access routes.--Existing access routes within such
areas customarily employed as of the date of enactment of
this Act may be used, maintained, repaired, and replaced to
the extent necessary to maintain their present function,
design, and serviceable operation, so long as such activities
have no increased adverse impacts on the resources and values
of the areas described in sections 102(b) and 102(c) than
existed as of the date of enactment of this Act.
(4) Use of water resource facilities.--Subject to the
provisions of this subsection and subsection (a)(4), the
Secretary shall allow water resource facilities existing on
the date of enactment of this Act within areas described in
sections 102(b) and 102(c) to be used, operated, maintained,
repaired, and replaced to the extent necessary for the
continued exercise, in accordance with Colorado State law, of
vested water rights adjudicated for use in connection with
such facilities by a court of competent jurisdiction prior to
the date of enactment of this Act. The impact of an existing
facility on the water resources and values of the area shall
not be increased as a result of changes in the adjudicated
type of use of such facility as of the date of enactment of
this Act.
(5) Repair and maintenance.--Water resource facilities, and
access routes serving such facilities, existing within the
areas described in sections 102(b) and 102(c) on the date of
enactment of this Act shall be maintained and repaired when
and to the extent necessary to prevent increased adverse
impacts on the resources and values of the areas described in
sections 102(b) and 102(c).
SEC. 105. SENSE OF CONGRESS.
It is the sense of Congress that military aviation training
on Federal public lands in Colorado, including the training
conducted at the High-Altitude Army National Guard Aviation
Training Site, is critical to the national security of the
United States and the readiness of the Armed Forces.
SEC. 106. DEPARTMENT OF DEFENSE STUDY ON IMPACTS THAT THE
EXPANSION OF WILDERNESS DESIGNATIONS IN THE
WESTERN UNITED STATES WOULD HAVE ON THE
READINESS OF THE ARMED FORCES OF THE UNITED
STATES WITH RESPECT TO AVIATION TRAINING.
(a) Study Required.--The Secretary of Defense shall conduct
a study on the impacts that the expansion of wilderness
designations in the Western United States would have on the
readiness of the Armed Forces of the United States with
respect to aviation training.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
Committees on Armed Services of the Senate and House of
Representatives a report on the study required under
subsection (a).
TITLE II--NORTHWEST CALIFORNIA WILDERNESS, RECREATION, AND WORKING
FORESTS
SEC. 201. SHORT TITLE.
This title may be cited as the ``Northwest California
Wilderness, Recreation, and Working Forests Act''.
SEC. 202. DEFINITIONS.
In this title:
(1) Secretary.--The term ``Secretary'' means--
(A) with respect to land under the jurisdiction of the
Secretary of Agriculture, the Secretary of Agriculture; and
(B) with respect to land under the jurisdiction of the
Secretary of the Interior, the Secretary of the Interior.
(2) State.--The term ``State'' means the State of
California.
Subtitle A--Restoration and Economic Development
SEC. 211. SOUTH FORK TRINITY-MAD RIVER RESTORATION AREA.
(a) Definitions.--In this section:
(1) Collaboratively developed.--The term ``collaboratively
developed'' means projects that are developed and implemented
through a collaborative process that--
(A) includes--
(i) appropriate Federal, State, and local agencies; and
(ii) multiple interested persons representing diverse
interests; and
(B) is transparent and nonexclusive.
(2) Plantation.--The term ``plantation'' means a forested
area that has been artificially established by planting or
seeding.
(3) Restoration.--The term ``restoration'' means the
process of assisting the recovery of an ecosystem that has
been degraded, damaged, or destroyed by establishing the
composition, structure, pattern, and ecological processes
necessary to facilitate terrestrial and aquatic ecosystem
sustainability, resilience, and health under current and
future conditions.
(4) Restoration area.--The term ``restoration area'' means
the South Fork Trinity-Mad River Restoration Area,
established by subsection (b).
(5) Shaded fuel break.--The term ``shaded fuel break''
means a vegetation treatment that effectively addresses all
project-generated slash and that retains: adequate canopy
cover to suppress plant regrowth in the forest understory
following treatment; the longest lived trees that provide the
most shade over the longest period of time; the healthiest
and most vigorous trees with the greatest potential for
crown-growth in plantations and in natural stands adjacent to
plantations; and all mature hardwoods, when practicable.
(6) Stewardship contract.--The term ``stewardship
contract'' means an agreement or contract entered into under
section 604 of the Healthy Forests Restoration Act of 2003
(16 U.S.C. 6591c).
(7) Wildland-urban interface.--The term ``wildland-urban
interface'' has the meaning given the term by section 101 of
the Healthy Forests Restoration Act of 2003 (16 U.S.C. 6511).
(b) Establishment.--Subject to valid existing rights, there
is established the South Fork Trinity-Mad River Restoration
Area, comprising approximately 729,089 acres of Federal land
administered by the Forest Service and approximately 1,280
acres of Federal land administered by the Bureau of Land
Management, as generally depicted on the map entitled ``South
Fork Trinity-Mad River Restoration Area--Proposed'' and dated
July 3, 2018, to be known as the South Fork Trinity-Mad River
Restoration Area.
(c) Purposes.--The purposes of the restoration area are
to--
(1) establish, restore, and maintain fire-resilient forest
structures containing late successional forest structure
characterized by large trees and multistoried canopies, as
ecologically appropriate;
(2) protect late successional reserves;
(3) enhance the restoration of Federal lands within the
restoration area;
(4) reduce the threat posed by wildfires to communities
within the restoration area;
(5) protect and restore aquatic habitat and anadromous
fisheries;
(6) protect the quality of water within the restoration
area; and
(7) allow visitors to enjoy the scenic, recreational,
natural, cultural, and wildlife values of the restoration
area.
(d) Management.--
(1) In general.--The Secretary shall manage the restoration
area--
(A) in a manner consistent with the purposes described in
subsection (c);
(B) in a manner that--
(i) in the case of the Forest Service, prioritizes
restoration of the restoration area over other nonemergency
vegetation management projects on the portions of the Six
Rivers and Shasta-Trinity National Forests in Humboldt and
Trinity Counties; and
(ii) in the case of the United States Fish and Wildlife
Service, establishes with the Forest Service an agreement for
cooperation to ensure timely completion of consultation
required by section 7 of the Endangered Species Act (15
U.S.C. 1536) on restoration projects within the restoration
area and agreement to maintain and exchange information on
planning schedules and priorities on a regular basis;
(C) in accordance with--
(i) the laws (including regulations) and rules applicable
to the National Forest System for land managed by the Forest
Service;
(ii) the Federal Land Policy and Management Act of 1976 (43
U.S.C. 1701 et seq.) for land managed by the Bureau of Land
Management;
(iii) this title; and
(iv) any other applicable law (including regulations); and
(D) in a manner consistent with congressional intent that
consultation for restoration projects within the restoration
area is completed in a timely and efficient manner.
(2) Conflict of laws.--
(A) In general.--The establishment of the restoration area
shall not change the management status of any land or water
that is designated wilderness or as a wild and scenic river,
including lands and waters designated by this title.
(B) Resolution of conflict.--If there is a conflict between
the laws applicable to the areas described in subparagraph
(A) and this section, the more restrictive provision shall
control.
(3) Uses.--
(A) In general.--The Secretary shall only allow uses of the
restoration area that the Secretary determines would further
the purposes described in subsection (c).
(B) Priority.--The Secretary shall prioritize restoration
activities within the restoration area.
(C) Limitation.--Nothing in this section shall limit the
Secretary's ability to plan, approve, or prioritize
activities outside of the restoration area.
(4) Wildland fire.--
(A) In general.--Nothing in this section prohibits the
Secretary, in cooperation with other Federal, State, and
local agencies, as appropriate, from conducting wildland fire
operations in the restoration area, consistent with the
purposes of this section.
(B) Priority.--The Secretary may use prescribed burning and
managed wildland fire to
[[Page H3341]]
the fullest extent practicable to achieve the purposes of
this section.
(5) Road decommissioning.--
(A) In general.--To the extent practicable, the Secretary
shall decommission unneeded National Forest System roads
identified for decommissioning and unauthorized roads
identified for decommissioning within the restoration area--
(i) subject to appropriations;
(ii) consistent with the analysis required by subparts A
and B of part 212 of title 36, Code of Federal Regulations;
and
(iii) in accordance with existing law.
(B) Additional requirement.--In making determinations
regarding road decommissioning under subparagraph (A), the
Secretary shall consult with--
(i) appropriate State, Tribal, and local governmental
entities; and
(ii) members of the public.
(C) Definition.--As used in subparagraph (A), the term
``decommission'' means--
(i) to reestablish vegetation on a road; and
(ii) to restore any natural drainage, watershed function,
or other ecological processes that are disrupted or adversely
impacted by the road by removing or hydrologically
disconnecting the road prism.
(6) Vegetation management.--
(A) In general.--Subject to subparagraphs (B), (C), and
(D), the Secretary may conduct vegetation management projects
in the restoration area only where necessary to--
(i) maintain or restore the characteristics of ecosystem
composition and structure;
(ii) reduce wildfire risk to communities by promoting
forests that are fire resilient;
(iii) improve the habitat of threatened, endangered, or
sensitive species;
(iv) protect or improve water quality; or
(v) enhance the restoration of lands within the restoration
area.
(B) Additional requirements.--
(i) Shaded fuel breaks.--In carrying out subparagraph (A),
the Secretary shall prioritize, as practicable, the
establishment of a network of shaded fuel breaks within--
(I) the portions of the wildland-urban interface that are
within 150 feet from private property contiguous to Federal
land;
(II) 150 feet from any road that is open to motorized
vehicles as of the date of enactment of this Act--
(aa) except that, where topography or other conditions
require, the Secretary may establish shaded fuel breaks up to
275 feet from a road so long as the combined total width of
the shaded fuel breaks for both sides of the road does not
exceed 300 feet; and
(bb) provided that the Secretary shall include vegetation
treatments within a minimum of 25 feet of the road where
practicable, feasible, and appropriate as part of any shaded
fuel break; or
(III) 150 feet of any plantation.
(ii) Plantations; riparian reserves.--The Secretary may
undertake vegetation management projects--
(I) in areas within the restoration area in which fish and
wildlife habitat is significantly compromised as a result of
past management practices (including plantations); and
(II) within designated riparian reserves only where
necessary to maintain the integrity of fuel breaks and to
enhance fire resilience.
(C) Compliance.--The Secretary shall carry out vegetation
management projects within the restoration area--
(i) in accordance with--
(I) this section; and
(II) existing law (including regulations);
(ii) after providing an opportunity for public comment; and
(iii) subject to appropriations.
(D) Best available science.--The Secretary shall use the
best available science in planning and implementing
vegetation management projects within the restoration area.
(7) Grazing.--
(A) Existing grazing.--The grazing of livestock in the
restoration area, where established before the date of
enactment of this Act, shall be permitted to continue--
(i) subject to--
(I) such reasonable regulations, policies, and practices as
the Secretary considers necessary; and
(II) applicable law (including regulations); and
(ii) in a manner consistent with the purposes described in
subsection (c).
(B) Targeted new grazing.--The Secretary may issue annual
targeted grazing permits for the grazing of livestock in the
restoration area, where not established before the date of
the enactment of this Act, to control noxious weeds, aid in
the control of wildfire within the wildland-urban interface,
or to provide other ecological benefits subject to--
(i) such reasonable regulations, policies, and practices as
the Secretary considers necessary; and
(ii) a manner consistent with the purposes described in
subsection (c).
(C) Best available science.--The Secretary shall use the
best available science when determining whether to issue
targeted grazing permits within the restoration area.
(e) Withdrawal.--Subject to valid existing rights, the
restoration area is withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
(f) Use of Stewardship Contracts.--To the maximum extent
practicable, the Secretary shall--
(1) use stewardship contracts to implement this section;
and
(2) use revenue derived from such stewardship contracts for
restoration and other activities within the restoration area
which shall include staff and administrative costs to support
timely consultation activities for restoration projects.
(g) Collaboration.--In developing and implementing
restoration projects in the restoration area, the Secretary
shall consult with collaborative groups with an interest in
the restoration area.
(h) Environmental Review.--A collaboratively developed
restoration project within the restoration area may be
carried out in accordance with the provisions for hazardous
fuel reduction projects set forth in sections 214, 215, and
216 of the Healthy Forests Restoration Act of 2003 (16 U.S.C.
6514-6516), as applicable.
(i) Multiparty Monitoring.--The Secretary of Agriculture
shall--
(1) in collaboration with the Secretary of the Interior and
interested persons, use a multiparty monitoring, evaluation,
and accountability process to assess the positive or negative
ecological, social, and economic effects of restoration
projects within the restoration area; and
(2) incorporate the monitoring results into the management
of the restoration area.
(j) Funding.--The Secretary shall use all existing
authorities to secure as much funding as necessary to fulfill
the purposes of the restoration area.
(k) Forest Residues Utilization.--
(1) In general.--In accordance with applicable law,
including regulations, and this section, the Secretary may
utilize forest residues from restoration projects, including
shaded fuel breaks, in the restoration area for research and
development of biobased products that result in net carbon
sequestration.
(2) Partnerships.--In carrying out paragraph (1), the
Secretary may enter into partnerships with universities,
nongovernmental organizations, industry, Tribes, and Federal,
State, and local governmental agencies.
SEC. 212. REDWOOD NATIONAL AND STATE PARKS RESTORATION.
(a) Partnership Agreements.--The Secretary of the Interior
is authorized to undertake initiatives to restore degraded
redwood forest ecosystems in Redwood National and State Parks
in partnership with the State of California, local agencies,
and nongovernmental organizations.
(b) Compliance.--In carrying out any initiative authorized
by subsection (a), the Secretary of the Interior shall comply
with all applicable law.
SEC. 213. CALIFORNIA PUBLIC LANDS REMEDIATION PARTNERSHIP.
(a) Definitions.--In this section:
(1) Partnership.--The term ``partnership'' means the
California Public Lands Remediation Partnership, established
by subsection (b).
(2) Priority lands.--The term ``priority lands'' means
Federal land within the State that is determined by the
partnership to be a high priority for remediation.
(3) Remediation.--The term ``remediation'' means to
facilitate the recovery of lands and waters that have been
degraded, damaged, or destroyed by illegal marijuana
cultivation or another illegal activity. Remediation includes
but is not limited to removal of trash, debris, and other
material, and establishing the composition, structure,
pattern, and ecological processes necessary to facilitate
terrestrial and aquatic ecosystem sustainability, resilience,
and health under current and future conditions.
(b) Establishment.--There is hereby established a
California Public Lands Remediation Partnership.
(c) Purposes.--The purposes of the partnership are to--
(1) coordinate the activities of Federal, State, Tribal,
and local authorities, and the private sector, in the
remediation of priority lands in the State affected by
illegal marijuana cultivation or other illegal activities;
and
(2) use the resources and expertise of each agency,
authority, or entity in implementing remediation activities
on priority lands in the State.
(d) Membership.--The members of the partnership shall
include the following:
(1) The Secretary of Agriculture, or a designee of the
Secretary of Agriculture to represent the Forest Service.
(2) The Secretary of the Interior, or a designee of the
Secretary of the Interior, to represent the United States
Fish and Wildlife Service, Bureau of Land Management, and
National Park Service.
(3) The Director of the Office of National Drug Control
Policy, or a designee of the Director.
(4) The Secretary of the State Natural Resources Agency, or
a designee of the Secretary, to represent the California
Department of Fish and Wildlife.
(5) A designee of the California State Water Resources
Control Board.
(6) A designee of the California State Sheriffs'
Association.
(7) One member to represent federally recognized Indian
Tribes, to be appointed by the Secretary of Agriculture.
(8) One member to represent nongovernmental organizations
with an interest in
[[Page H3342]]
Federal land remediation, to be appointed by the Secretary of
Agriculture.
(9) One member to represent local governmental interests,
to be appointed by the Secretary of Agriculture.
(10) A law enforcement official from each of the following:
(A) The Department of the Interior.
(B) The Department of Agriculture.
(11) A scientist to provide expertise and advise on methods
needed for remediation efforts, to be appointed by the
Secretary of Agriculture.
(12) A designee of the National Guard Counter Drug Program.
(e) Duties.--To further the purposes of this section, the
partnership shall--
(1) identify priority lands for remediation in the State;
(2) secure resources from Federal and non-Federal sources
to apply to remediation of priority lands in the State;
(3) support efforts by Federal, State, Tribal, and local
agencies, and nongovernmental organizations in carrying out
remediation of priority lands in the State;
(4) support research and education on the impacts of, and
solutions to, illegal marijuana cultivation and other illegal
activities on priority lands in the State;
(5) involve other Federal, State, Tribal, and local
agencies, nongovernmental organizations, and the public in
remediation efforts, to the extent practicable; and
(6) take any other administrative or advisory actions as
necessary to address remediation of priority lands in the
State.
(f) Authorities.--To implement this section, the
partnership may, subject to the prior approval of the
Secretary of Agriculture--
(1) make grants to the State, political subdivisions of the
State, nonprofit organizations, and other persons;
(2) enter into cooperative agreements with, or provide
grants or technical assistance to, the State, political
subdivisions of the State, nonprofit organizations, Federal
agencies, and other interested parties;
(3) hire and compensate staff;
(4) obtain funds or services from any source, including
Federal and non-Federal funds, and funds and services
provided under any other Federal law or program;
(5) contract for goods or services; and
(6) support activities of partners and any other activities
that further the purposes of this section.
(g) Procedures.--The partnership shall establish such rules
and procedures as it deems necessary or desirable.
(h) Local Hiring.--The partnership shall, to the maximum
extent practicable and in accordance with existing law, give
preference to local entities and persons when carrying out
this section.
(i) Service Without Compensation.--Members of the
partnership shall serve without pay.
(j) Duties and Authorities of the Secretary of
Agriculture.--
(1) In general.--The Secretary of Agriculture shall convene
the partnership on a regular basis to carry out this section.
(2) Technical and financial assistance.--The Secretary of
Agriculture and Secretary of the Interior may provide
technical and financial assistance, on a reimbursable or
nonreimbursable basis, as determined by the appropriate
Secretary, to the partnership or any members of the
partnership to carry out this title.
(3) Cooperative agreements.--The Secretary of Agriculture
and Secretary of the Interior may enter into cooperative
agreements with the partnership, any members of the
partnership, or other public or private entities to provide
technical, financial, or other assistance to carry out this
title.
SEC. 214. TRINITY LAKE VISITOR CENTER.
(a) In General.--The Secretary of Agriculture, acting
through the Chief of the Forest Service, may establish, in
cooperation with any other public or private entities that
the Secretary may determine to be appropriate, a visitor
center in Weaverville, California--
(1) to serve visitors; and
(2) to assist in fulfilling the purposes of the
Whiskeytown-Shasta-Trinity National Recreation Area.
(b) Requirements.--The Secretary shall ensure that the
visitor center authorized under subsection (a) is designed to
interpret the scenic, biological, natural, historical,
scientific, paleontological, recreational, ecological,
wilderness, and cultural resources of the Whiskeytown-Shasta-
Trinity National Recreation Area and other nearby Federal
lands.
(c) Cooperative Agreements.--The Secretary of Agriculture
may, in a manner consistent with this title, enter into
cooperative agreements with the State and any other
appropriate institutions and organizations to carry out the
purposes of this section.
SEC. 215. DEL NORTE COUNTY VISITOR CENTER.
(a) In General.--The Secretary of Agriculture and Secretary
of the Interior, acting jointly or separately, may establish,
in cooperation with any other public or private entities that
the Secretaries determine to be appropriate, a visitor center
in Del Norte County, California--
(1) to serve visitors; and
(2) to assist in fulfilling the purposes of Redwood
National and State Parks, the Smith River National Recreation
Area, and other nearby Federal lands.
(b) Requirements.--The Secretaries shall ensure that the
visitor center authorized under subsection (a) is designed to
interpret the scenic, biological, natural, historical,
scientific, paleontological, recreational, ecological,
wilderness, and cultural resources of Redwood National and
State Parks, the Smith River National Recreation Area, and
other nearby Federal lands.
SEC. 216. MANAGEMENT PLANS.
(a) In General.--In revising the land and resource
management plan for the Shasta-Trinity, Six Rivers, Klamath,
and Mendocino National Forests, the Secretary shall--
(1) consider the purposes of the South Fork Trinity-Mad
River Restoration Area established by section 211; and
(2) include or update the fire management plan for the
wilderness areas and wilderness additions established by this
title.
(b) Requirement.--In carrying out the revisions required by
subsection (a), the Secretary shall--
(1) develop spatial fire management plans in accordance
with--
(A) the Guidance for Implementation of Federal Wildland
Fire Management Policy dated February 13, 2009, including any
amendments to that guidance; and
(B) other appropriate policies;
(2) ensure that a fire management plan--
(A) considers how prescribed or managed fire can be used to
achieve ecological management objectives of wilderness and
other natural or primitive areas; and
(B) in the case of a wilderness area expanded by section
231, provides consistent direction regarding fire management
to the entire wilderness area, including the addition;
(3) consult with--
(A) appropriate State, Tribal, and local governmental
entities; and
(B) members of the public; and
(4) comply with applicable laws (including regulations).
SEC. 217. STUDY; PARTNERSHIPS RELATED TO OVERNIGHT
ACCOMMODATIONS.
(a) Study.--The Secretary of the Interior, in consultation
with interested Federal, State, Tribal, and local entities,
and private and nonprofit organizations, shall conduct a
study to evaluate the feasibility and suitability of
establishing overnight accommodations near Redwood National
and State Parks on--
(1) Federal land at the northern boundary or on land within
20 miles of the northern boundary; and
(2) Federal land at the southern boundary or on land within
20 miles of the southern boundary.
(b) Partnerships.--
(1) Agreements authorized.--If the study conducted under
subsection (a) determines that establishing the described
accommodations is suitable and feasible, the Secretary may
enter into agreements with qualified private and nonprofit
organizations for the development, operation, and maintenance
of overnight accommodations.
(2) Contents.--Any agreements entered into under paragraph
(1) shall clearly define the role and responsibility of the
Secretary and the private or nonprofit organization.
(3) Compliance.--The Secretary shall enter agreements under
paragraph (1) in accordance with existing law.
(4) Effect.--Nothing in this subsection--
(A) reduces or diminishes the authority of the Secretary to
manage land and resources under the jurisdiction of the
Secretary; or
(B) amends or modifies the application of any existing law
(including regulations) applicable to land under the
jurisdiction of the Secretary.
Subtitle B--Recreation
SEC. 221. HORSE MOUNTAIN SPECIAL MANAGEMENT AREA.
(a) Establishment.--Subject to valid existing rights, there
is established the Horse Mountain Special Management Area
(referred to in this section as the ``special management
area'') comprising approximately 7,399 acres of Federal land
administered by the Forest Service in Humboldt County,
California, as generally depicted on the map entitled ``Horse
Mountain Special Management Area--Proposed'' and dated April
13, 2017.
(b) Purposes.--The purpose of the special management area
is to enhance the recreational and scenic values of the
special management area while conserving the plants,
wildlife, and other natural resource values of the area.
(c) Management Plan.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act and in accordance with paragraph (2),
the Secretary shall develop a comprehensive plan for the
long-term management of the special management area.
(2) Consultation.--In developing the management plan
required under paragraph (1), the Secretary shall consult
with--
(A) appropriate State, Tribal, and local governmental
entities; and
(B) members of the public.
(3) Additional requirement.--The management plan required
under paragraph (1) shall ensure that recreational use within
the special management area does not cause significant
adverse impacts on the plants and wildlife of the special
management area.
(d) Management.--
(1) In general.--The Secretary shall manage the special
management area--
(A) in furtherance of the purposes described in subsection
(b); and
(B) in accordance with--
(i) the laws (including regulations) generally applicable
to the National Forest System;
[[Page H3343]]
(ii) this section; and
(iii) any other applicable law (including regulations).
(2) Recreation.--The Secretary shall continue to authorize,
maintain, and enhance the recreational use of the special
management area, including hunting, fishing, camping, hiking,
hang gliding, sightseeing, nature study, horseback riding,
rafting, mountain biking, and motorized recreation on
authorized routes, and other recreational activities, so long
as such recreational use is consistent with the purposes of
the special management area, this section, other applicable
law (including regulations), and applicable management plans.
(3) Motorized vehicles.--
(A) In general.--Except as provided in subparagraph (B),
the use of motorized vehicles in the special management area
shall be permitted only on roads and trails designated for
the use of motorized vehicles.
(B) Use of snowmobiles.--The winter use of snowmobiles
shall be allowed in the special management area--
(i) during periods of adequate snow coverage during the
winter season; and
(ii) subject to any terms and conditions determined to be
necessary by the Secretary.
(4) New trails.--
(A) In general.--The Secretary may construct new trails for
motorized or nonmotorized recreation within the special
management area in accordance with--
(i) the laws (including regulations) generally applicable
to the National Forest System;
(ii) this section; and
(iii) any other applicable law (including regulations).
(B) Priority.--In establishing new trails within the
special management area, the Secretary shall--
(i) prioritize the establishment of loops that provide
high-quality, diverse recreational experiences; and
(ii) consult with members of the public.
(e) Withdrawal.--Subject to valid existing rights, the
special management area is withdrawn from--
(1) all forms of appropriation or disposal under the public
land laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under laws relating to mineral and
geothermal leasing.
SEC. 222. BIGFOOT NATIONAL RECREATION TRAIL.
(a) Feasibility Study.--
(1) In general.--Not later than 3 years after the date of
the enactment of this Act, the Secretary of Agriculture, in
cooperation with the Secretary of the Interior, shall submit
to the Committee on Natural Resources of the House of
Representatives and Committee on Energy and Natural Resources
of the Senate a study that describes the feasibility of
establishing a nonmotorized Bigfoot National Recreation Trail
that follows the route described in paragraph (2).
(2) Route.--The trail described in paragraph (1) shall
extend from the Ides Cove Trailhead in the Mendocino National
Forest to Crescent City, California, by roughly following the
route as generally depicted on the map entitled ``Bigfoot
National Recreation Trail--Proposed'' and dated July 25,
2018.
(3) Additional requirement.--In completing the study
required by subsection (a), the Secretary of Agriculture
shall consult with--
(A) appropriate Federal, State, Tribal, regional, and local
agencies;
(B) private landowners;
(C) nongovernmental organizations; and
(D) members of the public.
(b) Designation.--
(1) In general.--Upon a determination that the Bigfoot
National Recreation Trail is feasible and meets the
requirements for a National Recreation Trail in section 1243
of title 16, United States Code, the Secretary of Agriculture
shall designate the Bigfoot National Recreation Trail in
accordance with--
(A) the National Trails System Act (Public Law 90-543);
(B) this title; and
(C) other applicable law (including regulations).
(2) Administration.--Upon designation by the Secretary of
Agriculture, the Bigfoot National Recreation Trail (referred
to in this section as the ``trail'') shall be administered by
the Secretary of Agriculture, in consultation with--
(A) other Federal, State, Tribal, regional, and local
agencies;
(B) private landowners; and
(C) other interested organizations.
(3) Private property rights.--
(A) In general.--No portions of the trail may be located on
non-Federal land without the written consent of the
landowner.
(B) Prohibition.--The Secretary of Agriculture shall not
acquire for the trail any land or interest in land outside
the exterior boundary of any federally managed area without
the consent of the owner of the land or interest in the land.
(C) Effect.--Nothing in this section--
(i) requires any private property owner to allow public
access (including Federal, State, or local government access)
to private property; or
(ii) modifies any provision of Federal, State, or local law
with respect to public access to or use of private land.
(c) Cooperative Agreements.--In carrying out this section,
the Secretary of Agriculture may enter into cooperative
agreements with State, Tribal, and local government entities
and private entities to complete needed trail construction,
reconstruction, realignment, maintenance, or education
projects related to the Bigfoot National Recreation Trail.
(d) Map.--
(1) Map required.--Upon designation of the Bigfoot National
Recreation Trail, the Secretary of Agriculture shall prepare
a map of the trail.
(2) Public availability.--The map referred to in paragraph
(1) shall be on file and available for public inspection in
the appropriate offices of the Forest Service.
SEC. 223. ELK CAMP RIDGE RECREATION TRAIL.
(a) Designation.--
(1) In general.--In accordance with paragraph (2), the
Secretary of Agriculture after an opportunity for public
comment, shall designate a trail (which may include a system
of trails)--
(A) for use by off-highway vehicles or mountain bicycles,
or both; and
(B) to be known as the Elk Camp Ridge Recreation Trail.
(2) Requirements.--In designating the Elk Camp Ridge
Recreation Trail (referred to in this section as the
``trail''), the Secretary shall only include trails that
are--
(A) as of the date of enactment of this Act, authorized for
use by off-highway vehicles or mountain bikes, or both; and
(B) located on land that is managed by the Forest Service
in Del Norte County.
(3) Map.--A map that depicts the trail shall be on file and
available for public inspection in the appropriate offices of
the Forest Service.
(b) Management.--
(1) In general.--The Secretary shall manage the trail--
(A) in accordance with applicable laws (including
regulations);
(B) to ensure the safety of citizens who use the trail; and
(C) in a manner by which to minimize any damage to
sensitive habitat or cultural resources.
(2) Monitoring; evaluation.--To minimize the impacts of the
use of the trail on environmental and cultural resources, the
Secretary shall annually assess the effects of the use of
off-highway vehicles and mountain bicycles on--
(A) the trail;
(B) land located in proximity to the trail; and
(C) plants, wildlife, and wildlife habitat.
(3) Closure.--The Secretary, in consultation with the State
and Del Norte County, and subject to paragraph (4), may
temporarily close or permanently reroute a portion of the
trail if the Secretary determines that--
(A) the trail is having an adverse impact on--
(i) wildlife habitats;
(ii) natural resources;
(iii) cultural resources; or
(iv) traditional uses;
(B) the trail threatens public safety; or
(C) closure of the trail is necessary--
(i) to repair damage to the trail; or
(ii) to repair resource damage.
(4) Rerouting.--Any portion of the trail that is
temporarily closed by the Secretary under paragraph (3) may
be permanently rerouted along any road or trail--
(A) that is--
(i) in existence as of the date of the closure of the
portion of the trail;
(ii) located on public land; and
(iii) open to motorized or mechanized use; and
(B) if the Secretary determines that rerouting the portion
of the trail would not significantly increase or decrease the
length of the trail.
(5) Notice of available routes.--The Secretary shall ensure
that visitors to the trail have access to adequate notice
relating to the availability of trail routes through--
(A) the placement of appropriate signage along the trail;
and
(B) the distribution of maps, safety education materials,
and other information that the Secretary concerned determines
to be appropriate.
(c) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 224. TRINITY LAKE TRAIL.
(a) Trail Construction.--
(1) Feasibility study.--Not later than 18 months after the
date of enactment of this Act, the Secretary shall study the
feasibility and public interest of constructing a
recreational trail for nonmotorized uses around Trinity Lake.
(2) Construction.--
(A) Construction authorized.--Subject to appropriations,
and in accordance with paragraph (3), if the Secretary
determines under paragraph (1) that the construction of the
trail described in such paragraph is feasible and in the
public interest, the Secretary may provide for the
construction of the trail.
(B) Use of volunteer services and contributions.--The trail
may be constructed under this section through the acceptance
of volunteer services and contributions from non-Federal
sources to reduce or eliminate the need for Federal
expenditures to construct the trail.
(3) Compliance.--In carrying out this section, the
Secretary shall comply with--
(A) the laws (including regulations) generally applicable
to the National Forest System; and
[[Page H3344]]
(B) this title.
(b) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 225. TRAILS STUDY.
(a) In General.--Not later than 2 years after the date of
enactment of this Act, the Secretary of Agriculture, in
accordance with subsection (b) and in consultation with
interested parties, shall conduct a study to improve
motorized and nonmotorized recreation trail opportunities
(including mountain bicycling) on land not designated as
wilderness within the portions of the Six Rivers, Shasta-
Trinity, and Mendocino National Forests located in Del Norte,
Humboldt, Trinity, and Mendocino Counties.
(b) Consultation.--In carrying out the study required by
subsection (a), the Secretary of Agriculture shall consult
with the Secretary of the Interior regarding opportunities to
improve, through increased coordination, recreation trail
opportunities on land under the jurisdiction of the Secretary
of the Interior that shares a boundary with the national
forest land described in subsection (a).
SEC. 226. CONSTRUCTION OF MOUNTAIN BICYCLING ROUTES.
(a) Trail Construction.--
(1) Feasibility study.--Not later than 18 months after the
date of enactment of this Act, the Secretary of Agriculture
shall study the feasibility and public interest of
constructing recreational trails for mountain bicycling and
other nonmotorized uses on the routes as generally depicted
in the report entitled ``Trail Study for Smith River National
Recreation Area Six Rivers National Forest'' and dated 2016.
(2) Construction.--
(A) Construction authorized.--Subject to appropriations,
and in accordance with paragraph (3), if the Secretary
determines under paragraph (1) that the construction of one
or more routes described in such paragraph is feasible and in
the public interest, the Secretary may provide for the
construction of the routes.
(B) Modifications.--The Secretary may modify the routes as
necessary in the opinion of the Secretary.
(C) Use of volunteer services and contributions.--Routes
may be constructed under this section through the acceptance
of volunteer services and contributions from non-Federal
sources to reduce or eliminate the need for Federal
expenditures to construct the route.
(3) Compliance.--In carrying out this section, the
Secretary shall comply with--
(A) the laws (including regulations) generally applicable
to the National Forest System; and
(B) this title.
(b) Effect.--Nothing in this section affects the ownership,
management, or other rights relating to any non-Federal land
(including any interest in any non-Federal land).
SEC. 227. PARTNERSHIPS.
(a) Agreements Authorized.--The Secretary is authorized to
enter into agreements with qualified private and nonprofit
organizations to undertake the following activities on
Federal lands in Mendocino, Humboldt, Trinity, and Del Norte
Counties--
(1) trail and campground maintenance;
(2) public education, visitor contacts, and outreach; and
(3) visitor center staffing.
(b) Contents.--Any agreements entered into under subsection
(a) shall clearly define the role and responsibility of the
Secretary and the private or nonprofit organization.
(c) Compliance.--The Secretary shall enter into agreements
under subsection (a) in accordance with existing law.
(d) Effect.--Nothing in this section--
(1) reduces or diminishes the authority of the Secretary to
manage land and resources under the jurisdiction of the
Secretary; or
(2) amends or modifies the application of any existing law
(including regulations) applicable to land under the
jurisdiction of the Secretary.
Subtitle C--Conservation
SEC. 231. DESIGNATION OF WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Black butte river wilderness.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 11,117 acres, as generally depicted on the map
entitled ``Black Butte River Wilderness--Proposed'' and dated
April 13, 2017, which shall be known as the Black Butte River
Wilderness.
(2) Chanchelulla wilderness additions.--Certain Federal
land managed by the Forest Service in the State, comprising
approximately 6,212 acres, as generally depicted on the map
entitled ``Chanchelulla Wilderness Additions--Proposed'' and
dated July 16, 2018, which is incorporated in, and considered
to be a part of, the Chanchelulla Wilderness, as designated
by section 101(a)(4) of the California Wilderness Act of 1984
(16 U.S.C. 1132 note; 98 Stat. 1619).
(3) Chinquapin wilderness.--Certain Federal land managed by
the Forest Service in the State, comprising approximately
27,258 acres, as generally depicted on the map entitled
``Chinquapin Wilderness--Proposed'' and dated January 15,
2020, which shall be known as the Chinquapin Wilderness.
(4) Elkhorn ridge wilderness addition.--Certain Federal
land managed by the Bureau of Land Management in the State,
comprising approximately 37 acres, as generally depicted on
the map entitled ``Proposed Elkhorn Ridge Wilderness
Additions'' and dated October 24, 2019, which is incorporated
in, and considered to be a part of, the Elkhorn Ridge
Wilderness, as designated by section 6(d) of Public Law 109-
362 (16 U.S.C. 1132 note; 120 Stat. 2070).
(5) English ridge wilderness.--Certain Federal land managed
by the Bureau of Land Management in the State, comprising
approximately 6,204 acres, as generally depicted on the map
entitled ``English Ridge Wilderness--Proposed'' and dated
March 29, 2019, which shall be known as the English Ridge
Wilderness.
(6) Headwaters forest wilderness.--Certain Federal land
managed by the Bureau of Land Management in the State,
comprising approximately 4,360 acres, as generally depicted
on the map entitled ``Headwaters Forest Wilderness--
Proposed'' and dated October 15, 2019, which shall be known
as the Headwaters Forest Wilderness.
(7) Mad river buttes wilderness.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 6,002 acres, as generally depicted on the map
entitled ``Mad River Buttes Wilderness--Proposed'' and dated
July 25, 2018, which shall be known as the Mad River Buttes
Wilderness.
(8) Mount lassic wilderness addition.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 1,292 acres, as generally depicted on the map
entitled ``Mount Lassic Wilderness Additions--Proposed'' and
dated February 23, 2017, which is incorporated in, and
considered to be a part of, the Mount Lassic Wilderness, as
designated by section 3(6) of Public Law 109-362 (16 U.S.C.
1132 note; 120 Stat. 2065).
(9) North fork eel wilderness addition.--Certain Federal
land managed by the Forest Service and the Bureau of Land
Management in the State, comprising approximately 16,274
acres, as generally depicted on the map entitled ``North Fork
Wilderness Additions'' and dated January 15, 2020, which is
incorporated in, and considered to be a part of, the North
Fork Eel Wilderness, as designated by section 101(a)(19) of
the California Wilderness Act of 1984 (16 U.S.C. 1132 note;
98 Stat. 1621).
(10) Pattison wilderness.--Certain Federal land managed by
the Forest Service in the State, comprising approximately
28,595 acres, as generally depicted on the map entitled
``Pattison Wilderness--Proposed'' and dated July 16, 2018,
which shall be known as the Pattison Wilderness.
(11) Sanhedrin wilderness addition.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 112 acres, as generally depicted on the map
entitled ``Sanhedrin Wilderness Addition--Proposed'' and
dated March 29, 2019, which is incorporated in, and
considered to be a part of, the Sanhedrin Wilderness, as
designated by section 3(2) of Public Law 109-362 (16 U.S.C.
1132 note; 120 Stat. 2065).
(12) Siskiyou wilderness addition.--Certain Federal land
managed by the Forest Service in the State, comprising
approximately 27,747 acres, as generally depicted on the map
entitled ``Siskiyou Wilderness Additions and Potential
Wildernesses--Proposed'' and dated July 24, 2018, which is
incorporated in, and considered to be a part of, the Siskiyou
Wilderness, as designated by section 101(a)(30) of the
California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98
Stat. 1623) (as amended by section 3(5) of Public Law 109-362
(16 U.S.C. 1132 note; 120 Stat. 2065)).
(13) South fork eel river wilderness addition.--Certain
Federal land managed by the Bureau of Land Management in the
State, comprising approximately 603 acres, as generally
depicted on the map entitled ``South Fork Eel River
Wilderness Additions--Proposed'' and dated October 24, 2019,
which is incorporated in, and considered to be a part of, the
South Fork Eel River Wilderness, as designated by section
3(10) of Public Law 109-362 (16 U.S.C. 1132 note; 120 Stat.
2066).
(14) South fork trinity river wilderness.--Certain Federal
land managed by the Forest Service in the State, comprising
approximately 26,446 acres, as generally depicted on the map
entitled ``South Fork Trinity River Wilderness and Potential
Wildernesses--Proposed'' and dated March 11, 2019, which
shall be known as the South Fork Trinity River Wilderness.
(15) Trinity alps wilderness addition.--Certain Federal
land managed by the Forest Service in the State, comprising
approximately 60,826 acres, as generally depicted on the maps
entitled ``Trinity Alps Proposed Wilderness Additions EAST''
and ``Trinity Alps Proposed Wilderness Additions WEST'' and
dated January 15, 2020, which is incorporated in, and
considered to be a part of, the Trinity Alps Wilderness, as
designated by section 101(a)(34) of the California Wilderness
Act of 1984 (16 U.S.C. 1132 note; 98 Stat. 1623) (as amended
by section 3(7) of Public Law 109-362 (16 U.S.C. 1132 note;
120 Stat. 2065)).
(16) Underwood wilderness.--Certain Federal land managed by
the Forest Service in the State, comprising approximately
15,069 acres, as generally depicted on the map entitled
``Underwood Wilderness--Proposed'' and dated January 15,
2020, which shall be known as the Underwood Wilderness.
(17) Yolla bolly-middle eel wilderness additions.--Certain
Federal land managed by the Forest Service and the Bureau of
Land Management in the State, comprising
[[Page H3345]]
approximately 10,729 acres, as generally depicted on the map
entitled ``Yolla Bolly Middle Eel Wilderness Additions and
Potential Wildernesses--Proposed'' and dated June 7, 2018,
which is incorporated in, and considered to be a part of, the
Yolla Bolly-Middle Eel Wilderness, as designated by section 3
of the Wilderness Act (16 U.S.C. 1132) (as amended by section
3(4) of Public Law 109-362 (16 U.S.C. 1132 note; 120 Stat.
2065)).
(18) Yuki wilderness addition.--Certain Federal land
managed by the Forest Service and the Bureau of Land
Management in the State, comprising approximately 11,076
acres, as generally depicted on the map entitled ``Yuki
Wilderness Additions--Proposed'' and dated January 15, 2020,
which is incorporated in, and considered to be a part of, the
Yuki Wilderness, as designated by section 3(3) of Public Law
109-362 (16 U.S.C. 1132 note; 120 Stat. 2065).
(b) Redesignation of North Fork Wilderness as North Fork
Eel River Wilderness.--Section 101(a)(19) of Public Law 98-
425 (16 U.S.C. 1132 note; 98 Stat. 1621) is amended by
striking ``North Fork Wilderness'' and inserting ``North Fork
Eel River Wilderness''. Any reference in a law, map,
regulation, document, paper, or other record of the United
States to the North Fork Wilderness shall be deemed to be a
reference to the North Fork Eel River Wilderness.
(c) Elkhorn Ridge Wilderness Adjustments.--The boundary of
the Elkhorn Ridge Wilderness established by section 6(d) of
Public Law 109-362 (16 U.S.C. 1132 note) is adjusted by
deleting approximately 30 acres of Federal land as generally
depicted on the map entitled ``Proposed Elkhorn Ridge
Wilderness Additions'' and dated October 24, 2019.
SEC. 232. ADMINISTRATION OF WILDERNESS.
(a) In General.--Subject to valid existing rights, the
wilderness areas and wilderness additions established by
section 231 shall be administered by the Secretary in
accordance with this subtitle and the Wilderness Act (16
U.S.C. 1131 et seq.), except that--
(1) any reference in the Wilderness Act to the effective
date of that Act shall be considered to be a reference to the
date of enactment of this Act; and
(2) any reference in that Act to the Secretary of
Agriculture shall be considered to be a reference to the
Secretary.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures in a
wilderness area or wilderness addition designated by section
231 as are necessary for the control of fire, insects, and
diseases in accordance with section 4(d)(1) of the Wilderness
Act (16 U.S.C. 1133(d)(1)) and House Report 98-40 of the 98th
Congress.
(2) Funding priorities.--Nothing in this subtitle limits
funding for fire and fuels management in the wilderness areas
or wilderness additions designated by this title.
(3) Administration.--Consistent with paragraph (1) and
other applicable Federal law, to ensure a timely and
efficient response to fire emergencies in the wilderness
additions designated by this subtitle, the Secretary of
Agriculture shall--
(A) not later than 1 year after the date of enactment of
this Act, establish agency approval procedures (including
appropriate delegations of authority to the Forest
Supervisor, District Manager, or other agency officials) for
responding to fire emergencies; and
(B) enter into agreements with appropriate State or local
firefighting agencies.
(c) Grazing.--The grazing of livestock in the wilderness
areas and wilderness additions designated by this title, if
established before the date of enactment of this Act, shall
be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2)(A) for lands under the jurisdiction of the Secretary of
Agriculture, the guidelines set forth in the report of the
Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 5487 of the 96th Congress
(H. Rept. 96-617); or
(B) for lands under the jurisdiction of the Secretary of
the Interior, the guidelines set forth in Appendix A of the
report of the Committee on Interior and Insular Affairs of
the House of Representatives accompanying H.R. 2570 of the
101st Congress (H. Rept. 101-405).
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title
affects the jurisdiction or responsibilities of the State
with respect to fish and wildlife on public land in the
State.
(2) Management activities.--In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131 et
seq.), the Secretary may conduct any management activities
that are necessary to maintain or restore fish, wildlife, and
plant populations and habitats in the wilderness areas or
wilderness additions designated by section 231, if the
management activities are--
(A) consistent with relevant wilderness management plans;
and
(B) conducted in accordance with--
(i) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(ii) appropriate policies, such as the policies established
in Appendix B of House Report 101-405.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for designation
of wilderness or wilderness additions by this title to lead
to the creation of protective perimeters or buffer zones
around each wilderness area or wilderness addition.
(2) Activities or uses up to boundaries.--The fact that
nonwilderness activities or uses can be seen or heard from
within a wilderness area shall not, of itself, preclude the
activities or uses up to the boundary of the wilderness area.
(f) Military Activities.--Nothing in this subtitle
precludes--
(1) low-level overflights of military aircraft over the
wilderness areas or wilderness additions designated by
section 231;
(2) the designation of new units of special airspace over
the wilderness areas or wilderness additions designated by
section 231; or
(3) the use or establishment of military flight training
routes over the wilderness areas or wilderness additions
designated by section 231.
(g) Horses.--Nothing in this subtitle precludes horseback
riding in, or the entry of recreational or commercial saddle
or pack stock into, an area designated as a wilderness area
or wilderness addition by section 231--
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(h) Withdrawal.--Subject to valid existing rights, the
wilderness areas and wilderness additions designated by
section 231 are withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral materials and geothermal
leasing laws.
(i) Use by Members of Indian Tribes.--
(1) Access.--In recognition of the past use of wilderness
areas and wilderness additions designated by this title by
members of Indian Tribes for traditional cultural and
religious purposes, the Secretary shall ensure that Indian
Tribes have access to the wilderness areas and wilderness
additions designated by section 231 for traditional cultural
and religious purposes.
(2) Temporary closures.--
(A) In general.--In carrying out this section, the
Secretary, on request of an Indian Tribe, may temporarily
close to the general public one or more specific portions of
a wilderness area or wilderness addition to protect the
privacy of the members of the Indian Tribe in the conduct of
the traditional cultural and religious activities in the
wilderness area or wilderness addition.
(B) Requirement.--Any closure under subparagraph (A) shall
be made in such a manner as to affect the smallest
practicable area for the minimum period of time necessary for
the activity to be carried out.
(3) Applicable law.--Access to the wilderness areas and
wilderness additions under this subsection shall be in
accordance with--
(A) Public Law 95-341 (commonly known as the American
Indian Religious Freedom Act) (42 U.S.C. 1996 et seq.); and
(B) the Wilderness Act (16 U.S.C. 1131 et seq.).
(j) Incorporation of Acquired Land and Interests.--Any land
within the boundary of a wilderness area or wilderness
addition designated by section 231 that is acquired by the
United States shall--
(1) become part of the wilderness area in which the land is
located;
(2) be withdrawn in accordance with subsection (h); and
(3) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable law.
(k) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such
terms and conditions as the Secretary may prescribe, the
Secretary may authorize the installation and maintenance of
hydrologic, meteorologic, or climatological collection
devices in the wilderness areas and wilderness additions
designated by section 231 if the Secretary determines that
the facilities and access to the facilities are essential to
flood warning, flood control, or water reservoir operation
activities.
(l) Authorized Events.--The Secretary may continue to
authorize the competitive equestrian event permitted since
2012 in the Chinquapin Wilderness established by section 231
in a manner compatible with the preservation of the area as
wilderness.
(m) Recreational Climbing.--Nothing in this title prohibits
recreational rock climbing activities in the wilderness
areas, such as the placement, use, and maintenance of fixed
anchors, including any fixed anchor established before the
date of the enactment of this Act--
(1) in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
SEC. 233. DESIGNATION OF POTENTIAL WILDERNESS.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), the following areas
in the State are designated as potential wilderness areas:
(1) Certain Federal land managed by the Forest Service,
comprising approximately 3,797 acres, as generally depicted
on the map entitled ``Chinquapin Proposed Potential
Wilderness'' and dated January 15, 2020.
(2) Certain Federal land administered by the National Park
Service, compromising approximately 31,000 acres, as
generally depicted on the map entitled ``Redwood National
Park--Potential Wilderness'' and dated October 9, 2019.
(3) Certain Federal land managed by the Forest Service,
comprising approximately
[[Page H3346]]
8,961 acres, as generally depicted on the map entitled
``Siskiyou Wilderness Additions and Potential Wildernesses--
Proposed'' and dated July 24, 2018.
(4) Certain Federal land managed by the Forest Service,
comprising approximately 405 acres, as generally depicted on
the map entitled ``South Fork Trinity River Wilderness and
Potential Wildernesses--Proposed'' and dated March 11, 2019.
(5) Certain Federal land managed by the Forest Service,
comprising approximately 1,256 acres, as generally depicted
on the map entitled ``Trinity Alps Proposed Potential
Wilderness'' and dated January 15, 2020.
(6) Certain Federal land managed by the Forest Service,
comprising approximately 4,282 acres, as generally depicted
on the map entitled ``Yolla Bolly Middle Eel Wilderness
Additions and Potential Wildernesses--Proposed'' and dated
June 7, 2018.
(7) Certain Federal land managed by the Forest Service,
comprising approximately 2,909 acres, as generally depicted
on the map entitled ``Yuki Proposed Potential Wilderness''
and dated January 15, 2020.
(b) Management.--Except as provided in subsection (c) and
subject to valid existing rights, the Secretary shall manage
the potential wilderness areas designated by subsection (a)
(referred to in this section as ``potential wilderness
areas'') as wilderness until the potential wilderness areas
are designated as wilderness under subsection (d).
(c) Ecological Restoration.--
(1) In general.--For purposes of ecological restoration
(including the elimination of nonnative species, removal of
illegal, unused, or decommissioned roads, repair of skid
tracks, and any other activities necessary to restore the
natural ecosystems in a potential wilderness area and
consistent with paragraph (2)), the Secretary may use
motorized equipment and mechanized transport in a potential
wilderness area until the potential wilderness area is
designated as wilderness under subsection (d).
(2) Limitation.--To the maximum extent practicable, the
Secretary shall use the minimum tool or administrative
practice necessary to accomplish ecological restoration with
the least amount of adverse impact on wilderness character
and resources.
(d) Eventual Wilderness Designation.--The potential
wilderness areas shall be designated as wilderness and as a
component of the National Wilderness Preservation System on
the earlier of--
(1) the date on which the Secretary publishes in the
Federal Register notice that the conditions in a potential
wilderness area that are incompatible with the Wilderness Act
(16 U.S.C. 1131 et seq.) have been removed; or
(2) the date that is 10 years after the date of enactment
of this Act for potential wilderness areas located on lands
managed by the Forest Service.
(e) Administration as Wilderness.--
(1) In general.--On its designation as wilderness under
subsection (d), a potential wilderness area shall be
administered in accordance with section 232 and the
Wilderness Act (16 U.S.C. 1131 et seq.).
(2) Designation.--On its designation as wilderness under
subsection (d)--
(A) the land described in subsection (a)(1) shall be
incorporated in, and considered to be a part of, the
Chinquapin Wilderness established by section 231(a)(3);
(B) the land described in subsection (a)(3) shall be
incorporated in, and considered to be a part of, the Siskiyou
Wilderness as designated by section 231(a)(30) of the
California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98
Stat. 1623) (as amended by section 3(5) of Public Law 109-362
(16 U.S.C. 1132 note; 120 Stat. 2065) and expanded by section
231(a)(12));
(C) the land described in subsection (a)(4) shall be
incorporated in, and considered to be a part of, the South
Fork Trinity River Wilderness established by section
231(a)(14);
(D) the land described in subsection (a)(5) shall be
incorporated in, and considered to be a part of, the Trinity
Alps Wilderness as designated by section 101(a)(34) of the
California Wilderness Act of 1984 (16 U.S.C. 1132 note; 98
Stat. 1623) (as amended by section 3(7) of Public Law 109-362
(16 U.S.C. 1132 note; 120 Stat. 2065) and expanded by section
231(a)(15));
(E) the land described in subsection (a)(6) shall be
incorporated in, and considered to be a part of, the Yolla
Bolly-Middle Eel Wilderness as designated by section 3 of the
Wilderness Act (16 U.S.C. 1132) (as amended by section 3(4)
of Public Law 109-362 (16 U.S.C. 1132 note; 120 Stat. 2065)
and expanded by section 231(a)(17)); and
(F) the land described in subsection (a)(7) shall be
incorporated in, and considered to be a part of, the Yuki
Wilderness as designated by section 3(3) of Public Law 109-
362 (16 U.S.C. 1132 note; 120 Stat. 2065) and expanded by
section 231(a)(18).
(f) Report.--Within 3 years after the date of enactment of
this Act, and every 3 years thereafter until the date upon
which the potential wilderness is designated wilderness under
subsection (d), the Secretary shall submit a report to the
Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate on the status of ecological
restoration within the potential wilderness area and the
progress toward the potential wilderness area's eventual
wilderness designation under subsection (d).
SEC. 234. DESIGNATION OF WILD AND SCENIC RIVERS.
Section 3(a) of the National Wild and Scenic Rivers Act (16
U.S.C. 1274(a)) is amended by adding at the end the
following:
``(231) South fork trinity river.--The following segments
from the source tributaries in the Yolla Bolly-Middle Eel
Wilderness, to be administered by the Secretary of
Agriculture:
``(A) The 18.3-mile segment from its multiple source
springs in the Cedar Basin of the Yolla Bolly-Middle Eel
Wilderness in section 15, T. 27 N., R. 10 W. to .25 miles
upstream of the Wild Mad Road, as a wild river.
``(B) The .65-mile segment from .25 miles upstream of Wild
Mad Road to the confluence with the unnamed tributary
approximately .4 miles downstream of the Wild Mad Road in
section 29, T. 28 N., R. 11 W., as a scenic river.
``(C) The 9.8-mile segment from .75 miles downstream of
Wild Mad Road to Silver Creek, as a wild river.
``(D) The 5.4-mile segment from Silver Creek confluence to
Farley Creek, as a scenic river.
``(E) The 3.6-mile segment from Farley Creek to Cave Creek,
as a recreational river.
``(F) The 5.6-mile segment from Cave Creek to the
confluence of the unnamed creek upstream of Hidden Valley
Ranch in section 5, T. 15, R. 7 E., as a wild river.
``(G) The 2.5-mile segment from unnamed creek confluence
upstream of Hidden Valley Ranch to the confluence with the
unnamed creek flowing west from Bear Wallow Mountain in
section 29, T. 1 N., R. 7 E., as a scenic river.
``(H) The 3.8-mile segment from the unnamed creek
confluence in section 29, T. 1 N., R. 7 E. to Plummer Creek,
as a wild river.
``(I) The 1.8-mile segment from Plummer Creek to the
confluence with the unnamed tributary north of McClellan
Place in section 6, T. 1 N., R. 7 E., as a scenic river.
``(J) The 5.4-mile segment from the unnamed tributary
confluence in section 6, T. 1 N., R. 7 E. to Hitchcock Creek,
as a wild river.
``(K) The 7-mile segment from Eltapom Creek to the Grouse
Creek, as a scenic river.
``(L) The 5-mile segment from Grouse Creek to Coon Creek,
as a wild river.
``(232) East fork south fork trinity river.--The following
segments to be administered by the Secretary of Agriculture:
``(A) The 8.4-mile segment from its source in the Pettijohn
Basin in the Yolla Bolly-Middle Eel Wilderness in section 10,
T. 3 S., R. 10 W. to .25 miles upstream of the Wild Mad Road,
as a wild river.
``(B) The 3.4-mile segment from .25 miles upstream of the
Wild Mad Road to the South Fork Trinity River, as a
recreational river.
``(233) Rattlesnake creek.--The 5.9-mile segment from the
confluence with the unnamed tributary in the southeast corner
of section 5, T. 1 S., R. 12 W. to the South Fork Trinity
River, to be administered by the Secretary of Agriculture as
a recreational river.
``(234) Butter creek.--The 7-mile segment from .25 miles
downstream of the Road 3N08 crossing to the South Fork
Trinity River, to be administered by the Secretary of
Agriculture as a scenic river.
``(235) Hayfork creek.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 3.2-mile segment from Little Creek to Bear Creek,
as a recreational river.
``(B) The 13.2-mile segment from Bear Creek to the northern
boundary of section 19, T. 3 N., R. 7 E., as a scenic river.
``(236) Olsen creek.--The 2.8-mile segment from the
confluence of its source tributaries in section 5, T. 3 N.,
R. 7 E. to the northern boundary of section 24, T. 3 N., R. 6
E., to be administered by the Secretary of the Interior as a
scenic river.
``(237) Rusch creek.--The 3.2-mile segment from .25 miles
downstream of the 32N11 Road crossing to Hayfork Creek, to be
administered by the Secretary of Agriculture as a
recreational river.
``(238) Eltapom creek.--The 3.4-mile segment from Buckhorn
Creek to the South Fork Trinity River, to be administered by
the Secretary of Agriculture as a wild river.
``(239) Grouse creek.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 3.9-mile segment from Carson Creek to Cow Creek,
as a scenic river.
``(B) The 7.4-mile segment from Cow Creek to the South Fork
Trinity River, as a recreational river.
``(240) Madden creek.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 6.8-mile segment from the confluence of Madden
Creek and its unnamed tributary in section 18, T. 5 N., R. 5
E. to Fourmile Creek, as a wild river.
``(B) The 1.6-mile segment from Fourmile Creek to the South
Fork Trinity River, as a recreational river.
``(241) Canyon creek.--The following segments to be
administered by the Secretary of Agriculture and the
Secretary of the Interior:
``(A) The 6.6-mile segment from the outlet of lower Canyon
Creek Lake to Bear Creek upstream of Ripstein, as a wild
river.
``(B) The 11.2-mile segment from Bear Creek upstream of
Ripstein to the southern boundary of section 25, T. 34 N., R.
11 W., as a recreational river.
``(242) North fork trinity river.--The following segments
to be administered by the Secretary of Agriculture:
``(A) The 12-mile segment from the confluence of source
tributaries in section 24, T.
[[Page H3347]]
8 N., R. 12 W. to the Trinity Alps Wilderness boundary
upstream of Hobo Gulch, as a wild river.
``(B) The .5-mile segment from where the river leaves the
Trinity Alps Wilderness to where it fully reenters the
Trinity Alps Wilderness downstream of Hobo Gulch, as a scenic
river.
``(C) The 13.9-mile segment from where the river fully
reenters the Trinity Alps Wilderness downstream of Hobo Gulch
to the Trinity Alps Wilderness boundary upstream of the
County Road 421 crossing, as a wild river.
``(D) The 1.3-mile segment from the Trinity Alps Wilderness
boundary upstream of the County Road 421 crossing to the
Trinity River, as a recreational river.
``(243) East fork north fork trinity river.--The following
segments to be administered by the Secretary of Agriculture:
``(A) The 9.5-mile segment from the river's source north of
Mt. Hilton in section 19, T. 36 N., R. 10 W. to the end of
Road 35N20 approximately .5 miles downstream of the
confluence with the East Branch East Fork North Fork Trinity
River, as a wild river.
``(B) The 3.25-mile segment from the end of Road 35N20 to
.25 miles upstream of Coleridge, as a scenic river.
``(C) The 4.6-mile segment from .25 miles upstream of
Coleridge to the confluence of Fox Gulch, as a recreational
river.
``(244) New river.--The following segments to be
administered by the Secretary of Agriculture:
``(A) The 12.7-mile segment of Virgin Creek from its source
spring in section 22, T. 9 N., R. 7 E. to Slide Creek, as a
wild river.
``(B) The 2.3-mile segment of the New River where it begins
at the confluence of Virgin and Slide Creeks to Barron Creek,
as a wild river.
``(245) Middle eel river.--The following segment, to be
administered by the Secretary of Agriculture:
``(A) The 37.7-mile segment from its source in Frying Pan
Meadow to Rose Creek, as a wild river.
``(B) The 1.5-mile segment from Rose Creek to the Black
Butte River, as a recreational river.
``(C) The 10.5-mile segment of Balm of Gilead Creek from
its source in Hopkins Hollow to the Middle Eel River, as a
wild river.
``(D) The 13-mile segment of the North Fork Middle Fork Eel
River from the source on Dead Puppy Ridge in section 11, T.
26 N., R. 11 W. to the confluence of the Middle Eel River, as
a wild river.
``(246) North fork eel river, ca.--The 14.3-mile segment
from the confluence with Gilman Creek to the Six Rivers
National Forest boundary, to be administered by the Secretary
of Agriculture as a wild river.
``(247) Red mountain creek, ca.--The following segments to
be administered by the Secretary of Agriculture:
``(A) The 5.25-mile segment from its source west of Mike's
Rock in section 23, T. 26 N., R. 12 E. to the confluence with
Littlefield Creek, as a wild river.
``(B) The 1.6-mile segment from the confluence with
Littlefield Creek to the confluence with the unnamed
tributary in section 32, T. 26 N., R. 8 E., as a scenic
river.
``(C) The 1.25-mile segment from the confluence with the
unnamed tributary in section 32, T. 4 S., R. 8 E. to the
confluence with the North Fork Eel River, as a wild river.
``(248) Redwood creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 6.2-mile segment from the confluence with Lacks
Creek to the confluence with Coyote Creek as a scenic river
on publication by the Secretary of a notice in the Federal
Register that sufficient inholdings within the boundaries of
the segments have been acquired in fee title to establish a
manageable addition to the system.
``(B) The 19.1-mile segment from the confluence with Coyote
Creek in section 2, T. 8 N., R. 2 E. to the Redwood National
Park boundary upstream of Orick in section 34, T. 11 N., R. 1
E. as a scenic river.
``(C) The 2.3-mile segment of Emerald Creek (also known as
Harry Weir Creek) from its source in section 29, T. 10 N., R.
2 E. to the confluence with Redwood Creek as a scenic river.
``(249) Lacks creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 5.1-mile segment from the confluence with two
unnamed tributaries in section 14, T. 7 N., R. 3 E. to Kings
Crossing in section 27, T. 8 N., R. 3 E. as a wild river.
``(B) The 2.7-mile segment from Kings Crossing to the
confluence with Redwood Creek as a scenic river upon
publication by the Secretary of a notice in the Federal
Register that sufficient inholdings within the segment have
been acquired in fee title or as scenic easements to
establish a manageable addition to the system.
``(250) Lost man creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 6.4-mile segment of Lost Man Creek from its
source in section 5, T. 10 N., R. 2 E. to .25 miles upstream
of the Prairie Creek confluence, as a recreational river.
``(B) The 2.3-mile segment of Larry Damm Creek from its
source in section 8, T. 11 N., R. 2 E. to the confluence with
Lost Man Creek, as a recreational river.
``(251) Little lost man creek.--The 3.6-mile segment of
Little Lost Man Creek from its source in section 6, T. 10 N.,
R. 2 E. to .25 miles upstream of the Lost Man Creek road
crossing, to be administered by the Secretary of the Interior
as a wild river.
``(252) South fork elk river.--The following segments to be
administered by the Secretary of the Interior through a
cooperative management agreement with the State of
California:
``(A) The 3.6-mile segment of the Little South Fork Elk
River from the source in section 21, T. 3 N., R. 1 E. to the
confluence with the South Fork Elk River, as a wild river.
``(B) The 2.2-mile segment of the unnamed tributary of the
Little South Fork Elk River from its source in section 15, T.
3 N., R. 1 E. to the confluence with the Little South Fork
Elk River, as a wild river.
``(C) The 3.6-mile segment of the South Fork Elk River from
the confluence of the Little South Fork Elk River to the
confluence with Tom Gulch, as a recreational river.
``(253) Salmon creek.--The 4.6-mile segment from its source
in section 27, T. 3 N., R. 1 E. to the Headwaters Forest
Reserve boundary in section 18, T. 3 N., R. 1 E. to be
administered by the Secretary of the Interior as a wild river
through a cooperative management agreement with the State of
California.
``(254) South fork eel river.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 6.2-mile segment from the confluence with Jack of
Hearts Creek to the southern boundary of the South Fork Eel
Wilderness in section 8, T. 22 N., R. 16 W., as a
recreational river to be administered by the Secretary
through a cooperative management agreement with the State of
California.
``(B) The 6.1-mile segment from the southern boundary of
the South Fork Eel Wilderness to the northern boundary of the
South Fork Eel Wilderness in section 29, T. 23 N., R. 16 W.,
as a wild river.
``(255) Elder creek.--The following segments to be
administered by the Secretary of the Interior through a
cooperative management agreement with the State of
California:
``(A) The 3.6-mile segment from its source north of Signal
Peak in section 6, T. 21 N., R. 15 W. to the confluence with
the unnamed tributary near the center of section 28, T. 22
N., R. 16 W., as a wild river.
``(B) The 1.3-mile segment from the confluence with the
unnamed tributary near the center of section 28, T. 22 N., R.
15 W. to the confluence with the South Fork Eel River, as a
recreational river.
``(C) The 2.1-mile segment of Paralyze Canyon from its
source south of Signal Peak in section 7, T. 21 N., R. 15 W.
to the confluence with Elder Creek, as a wild river.
``(256) Cedar creek.--The following segments to be
administered as a wild river by the Secretary of the
Interior:
``(A) The 7.7-mile segment from its source in section 22,
T. 24 N., R. 16 W. to the southern boundary of the Red
Mountain unit of the South Fork Eel Wilderness.
``(B) The 1.9-mile segment of North Fork Cedar Creek from
its source in section 28, T. 24 N., R. 16 E. to the
confluence with Cedar Creek.
``(257) East branch south fork eel river.--The following
segments to be administered by the Secretary of the Interior
as a scenic river on publication by the Secretary of a notice
in the Federal Register that sufficient inholdings within the
boundaries of the segments have been acquired in fee title or
as scenic easements to establish a manageable addition to the
system:
``(A) The 2.3-mile segment of Cruso Cabin Creek from the
confluence of two unnamed tributaries in section 18, T. 24
N., R. 15 W. to the confluence with Elkhorn Creek.
``(B) The 1.8-mile segment of Elkhorn Creek from the
confluence of two unnamed tributaries in section 22, T. 24
N., R. 16 W. to the confluence with Cruso Cabin Creek.
``(C) The 14.2-mile segment of the East Branch South Fork
Eel River from the confluence of Cruso Cabin and Elkhorn
Creeks to the confluence with Rays Creek.
``(D) The 1.7-mile segment of the unnamed tributary from
its source on the north flank of Red Mountain's north ridge
in section 2, T. 24 N., R. 17 W. to the confluence with the
East Branch South Fork Eel River.
``(E) The 1.3-mile segment of the unnamed tributary from
its source on the north flank of Red Mountain's north ridge
in section 1, T. 24 N., R. 17 W. to the confluence with the
East Branch South Fork Eel River.
``(F) The 1.8-mile segment of Tom Long Creek from the
confluence with the unnamed tributary in section 12, T. 5 S.,
R. 4 E. to the confluence with the East Branch South Fork Eel
River.
``(258) Mattole river estuary.--The 1.5-mile segment from
the confluence of Stansberry Creek to the Pacific Ocean, to
be administered as a recreational river by the Secretary of
the Interior.
``(259) Honeydew creek.--The following segments to be
administered as a wild river by the Secretary of the
Interior:
``(A) The 5.1-mile segment of Honeydew Creek from its
source in the southwest corner of section 25, T. 3 S., R. 1
W. to the eastern boundary of the King Range National
Conservation Area in section 18, T. 3 S., R. 1 E.
``(B) The 2.8-mile segment of West Fork Honeydew Creek from
its source west of North Slide Peak to the confluence with
Honeydew Creek.
``(C) The 2.7-mile segment of Upper East Fork Honeydew
Creek from its source in section 23, T. 3 S., R. 1 W. to the
confluence with Honeydew Creek.
[[Page H3348]]
``(260) Bear creek.--The following segments to be
administered by the Secretary of the Interior:
``(A) The 1.9-mile segment of North Fork Bear Creek from
the confluence with the unnamed tributary immediately
downstream of the Horse Mountain Road crossing to the
confluence with the South Fork, as a scenic river.
``(B) The 6.1-mile segment of South Fork Bear Creek from
the confluence in section 2, T. 5 S., R. 1 W. with the
unnamed tributary flowing from the southwest flank of Queen
Peak to the confluence with the North Fork, as a scenic
river.
``(C) The 3-mile segment of Bear Creek from the confluence
of the North and South Forks to the southern boundary of
section 11, T. 4 S., R. 1 E., as a wild river.
``(261) Gitchell creek.--The 3-mile segment of Gitchell
Creek from its source near Saddle Mountain to the Pacific
Ocean to be administered by the Secretary of the Interior as
a wild river.
``(262) Big flat creek.--The following segments to be
administered by the Secretary of the Interior as a wild
river:
``(A) The 4-mile segment of Big Flat Creek from its source
near King Peak in section 36, T. 3 S., R. 1 W. to the Pacific
Ocean.
``(B) The .8-mile segment of the unnamed tributary from its
source in section 35, T. 3 S., R. 1 W. to the confluence with
Big Flat Creek.
``(C) The 2.7-mile segment of North Fork Big Flat Creek
from the source in section 34, T. 3 S., R. 1 W. to the
confluence with Big Flat Creek.
``(263) Big creek.--The following segments to be
administered by the Secretary of the Interior as wild rivers:
``(A) The 2.7-mile segment of Big Creek from its source in
section 26, T. 3 S., R. 1 W. to the Pacific Ocean.
``(B) The 1.9-mile unnamed southern tributary from its
source in section 25, T. 3 S., R. 1 W. to the confluence with
Big Creek.
``(264) Elk creek.--The 11.4-mile segment from its
confluence with Lookout Creek to its confluence with Deep
Hole Creek, to be jointly administered by the Secretaries of
Agriculture and the Interior, as a wild river.
``(265) Eden creek.--The 2.7-mile segment from the private
property boundary in the northwest quarter of section 27, T.
21 N., R. 12 W. to the eastern boundary of section 23, T. 21
N., R. 12 W., to be administered by the Secretary of the
Interior as a wild river.
``(266) Deep hole creek.--The 4.3-mile segment from the
private property boundary in the southwest quarter of section
13, T. 20 N., R. 12 W. to the confluence with Elk Creek, to
be administered by the Secretary of the Interior as a wild
river.
``(267) Indian creek.--The 3.3-mile segment from 300 feet
downstream of the jeep trail in section 13, T. 20 N., R. 13
W. to the confluence with the Eel River, to be administered
by the Secretary of the Interior as a wild river.
``(268) Fish creek.--The 4.2-mile segment from the source
at Buckhorn Spring to the confluence with the Eel River, to
be administered by the Secretary of the Interior as a wild
river.''.
SEC. 235. SANHEDRIN SPECIAL CONSERVATION MANAGEMENT AREA.
(a) Establishment.--Subject to valid existing rights, there
is established the Sanhedrin Special Conservation Management
Area (referred to in this section as the ``conservation
management area''), comprising approximately 14,177 acres of
Federal land administered by the Forest Service in Mendocino
County, California, as generally depicted on the map entitled
``Sanhedrin Special Conservation Management Area--Proposed''
and dated April 12, 2017.
(b) Purposes.--The purposes of the conservation management
area are to--
(1) conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the ecological,
scenic, wildlife, recreational, roadless, cultural,
historical, natural, educational, and scientific resources of
the conservation management area;
(2) protect and restore late-successional forest structure,
oak woodlands and grasslands, aquatic habitat, and anadromous
fisheries within the conservation management area;
(3) protect and restore the wilderness character of the
conservation management area; and
(4) allow visitors to enjoy the scenic, natural, cultural,
and wildlife values of the conservation management area.
(c) Management.--
(1) In general.--The Secretary shall manage the
conservation management area--
(A) in a manner consistent with the purposes described in
subsection (b); and
(B) in accordance with--
(i) the laws (including regulations) generally applicable
to the National Forest System;
(ii) this section; and
(iii) any other applicable law (including regulations).
(2) Uses.--The Secretary shall only allow uses of the
conservation management area that the Secretary determines
would further the purposes described in subsection (b).
(d) Motorized Vehicles.--
(1) In general.--Except as provided in paragraph (3), the
use of motorized vehicles in the conservation management area
shall be permitted only on existing roads, trails, and areas
designated for use by such vehicles as of the date of
enactment of this Act.
(2) New or temporary roads.--Except as provided in
paragraph (3), no new or temporary roads shall be constructed
within the conservation management area.
(3) Exception.--Nothing in paragraph (1) or (2) prevents
the Secretary from--
(A) rerouting or closing an existing road or trail to
protect natural resources from degradation, or to protect
public safety, as determined to be appropriate by the
Secretary;
(B) designating routes of travel on lands acquired by the
Secretary and incorporated into the conservation management
area if the designations are--
(i) consistent with the purposes described in subsection
(b); and
(ii) completed, to the maximum extent practicable, within 3
years of the date of acquisition;
(C) constructing a temporary road on which motorized
vehicles are permitted as part of a vegetation management
project carried out in accordance with subsection (e);
(D) authorizing the use of motorized vehicles for
administrative purposes; or
(E) responding to an emergency.
(4) Decommissioning of temporary roads.--
(A) Requirement.--The Secretary shall decommission any
temporary road constructed under paragraph (3)(C) not later
than 3 years after the date on which the applicable
vegetation management project is completed.
(B) Definition.--As used in subparagraph (A), the term
``decommission'' means--
(i) to reestablish vegetation on a road; and
(ii) to restore any natural drainage, watershed function,
or other ecological processes that are disrupted or adversely
impacted by the road by removing or hydrologically
disconnecting the road prism.
(e) Timber Harvest.--
(1) In general.--Except as provided in paragraph (2), no
harvesting of timber shall be allowed within the conservation
management area.
(2) Exceptions.--The Secretary may authorize harvesting of
timber in the conservation management area--
(A) if the Secretary determines that the harvesting is
necessary to further the purposes of the conservation
management area;
(B) in a manner consistent with the purposes described in
subsection (b); and
(C) subject to--
(i) such reasonable regulations, policies, and practices as
the Secretary determines appropriate; and
(ii) all applicable laws (including regulations).
(f) Grazing.--The grazing of livestock in the conservation
management area, where established before the date of
enactment of this Act, shall be permitted to continue--
(1) subject to--
(A) such reasonable regulations, policies, and practices as
the Secretary considers necessary; and
(B) applicable law (including regulations); and
(2) in a manner consistent with the purposes described in
subsection (b).
(g) Wildfire, Insect, and Disease Management.--Consistent
with this section, the Secretary may take any measures within
the conservation management area that the Secretary
determines to be necessary to control fire, insects, and
diseases, including the coordination of those activities with
a State or local agency.
(h) Acquisition and Incorporation of Land and Interests in
Land.--
(1) Acquisition authority.--In accordance with applicable
laws (including regulations), the Secretary may acquire any
land or interest in land within or adjacent to the boundaries
of the conservation management area by purchase from willing
sellers, donation, or exchange.
(2) Incorporation.--Any land or interest in land acquired
by the Secretary under paragraph (1) shall be--
(A) incorporated into, and administered as part of, the
conservation management area; and
(B) withdrawn in accordance with subsection (i).
(i) Withdrawal.--Subject to valid existing rights, all
Federal land located in the conservation management area is
withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patenting under the mining laws;
and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
Subtitle D--Miscellaneous
SEC. 241. MAPS AND LEGAL DESCRIPTIONS.
(a) In General.--As soon as practicable after the date of
enactment of this Act, the Secretary shall prepare maps and
legal descriptions of the--
(1) wilderness areas and wilderness additions designated by
section 231;
(2) potential wilderness areas designated by section 233;
(3) South Fork Trinity-Mad River Restoration Area;
(4) Horse Mountain Special Management Area; and
(5) Sanhedrin Special Conservation Management Area.
(b) Submission of Maps and Legal Descriptions.--The
Secretary shall file the maps and legal descriptions prepared
under subsection (a) with--
(1) the Committee on Natural Resources of the House of
Representatives; and
(2) the Committee on Energy and Natural Resources of the
Senate.
[[Page H3349]]
(c) Force of Law.--The maps and legal descriptions prepared
under subsection (a) shall have the same force and effect as
if included in this title, except that the Secretary may
correct any clerical and typographical errors in the maps and
legal descriptions.
(d) Public Availability.--The maps and legal descriptions
prepared under subsection (a) shall be on file and available
for public inspection in the appropriate offices of the
Forest Service, Bureau of Land Management, and National Park
Service.
SEC. 242. UPDATES TO LAND AND RESOURCE MANAGEMENT PLANS.
As soon as practicable, in accordance with applicable laws
(including regulations), the Secretary shall incorporate the
designations and studies required by this title into updated
management plans for units covered by this title.
SEC. 243. PACIFIC GAS AND ELECTRIC COMPANY UTILITY FACILITIES
AND RIGHTS-OF-WAY.
(a) Effect of Act.--Nothing in this title--
(1) affects any validly issued right-of-way for the
customary operation, maintenance, upgrade, repair, relocation
within an existing right-of-way, replacement, or other
authorized activity (including the use of any mechanized
vehicle, helicopter, and other aerial device) in a right-of-
way acquired by or issued, granted, or permitted to Pacific
Gas and Electric Company (including any predecessor or
successor in interest or assign) that is located on land
included in the South Fork Trinity--Mad River Restoration
Area, Bigfoot National Recreation Trail, Sanhedrin Special
Conservation Management Area, and Horse Mountain Special
Management Area; or
(2) prohibits the upgrading or replacement of any--
(A) utility facilities of the Pacific Gas and Electric
Company, including those utility facilities known on the date
of enactment of this Act within the--
(i) South Fork Trinity--Mad River Restoration Area known
as--
(I) Gas Transmission Line 177A or rights-of-way;
(II) Gas Transmission Line DFM 1312-02 or rights-of-way;
(III) Electric Transmission Line Bridgeville--Cottonwood
115 kV or rights-of-way;
(IV) Electric Transmission Line Humboldt--Trinity 60 kV or
rights-of-way;
(V) Electric Transmission Line Humboldt--Trinity 115 kV or
rights-of-way;
(VI) Electric Transmission Line Maple Creek--Hoopa 60 kV or
rights-of-way;
(VII) Electric Distribution Line--Willow Creek 1101 12 kV
or rights-of-way;
(VIII) Electric Distribution Line--Willow Creek 1103 12 kV
or rights-of-way;
(IX) Electric Distribution Line--Low Gap 1101 12 kV or
rights-of-way;
(X) Electric Distribution Line--Fort Seward 1121 12 kV or
rights-of-way;
(XI) Forest Glen Border District Regulator Station or
rights-of-way;
(XII) Durret District Gas Regulator Station or rights-of-
way;
(XIII) Gas Distribution Line 4269C or rights-of-way;
(XIV) Gas Distribution Line 43991 or rights-of-way;
(XV) Gas Distribution Line 4993D or rights-of-way;
(XVI) Sportsmans Club District Gas Regulator Station or
rights-of-way;
(XVII) Highway 36 and Zenia District Gas Regulator Station
or rights-of-way;
(XVIII) Dinsmore Lodge 2nd Stage Gas Regulator Station or
rights-of-way;
(XIX) Electric Distribution Line--Wildwood 1101 12kV or
rights-of-way;
(XX) Low Gap Substation;
(XXI) Hyampom Switching Station; or
(XXII) Wildwood Substation;
(ii) Bigfoot National Recreation Trail known as--
(I) Gas Transmission Line 177A or rights-of-way;
(II) Electric Transmission Line Humboldt--Trinity 115 kV or
rights-of-way;
(III) Electric Transmission Line Bridgeville--Cottonwood
115 kV or rights-of-way; or
(IV) Electric Transmission Line Humboldt--Trinity 60 kV or
rights-of-way;
(iii) Sanhedrin Special Conservation Management Area known
as, Electric Distribution Line--Willits 1103 12 kV or rights-
of-way; or
(iv) Horse Mountain Special Management Area known as,
Electric Distribution Line Willow Creek 1101 12 kV or rights-
of-way; or
(B) utility facilities of the Pacific Gas and Electric
Company in rights-of-way issued, granted, or permitted by the
Secretary adjacent to a utility facility referred to in
paragraph (1).
(b) Plans for Access.--Not later than 1 year after the date
of enactment of this subtitle or the issuance of a new
utility facility right-of-way within the South Fork Trinity--
Mad River Restoration Area, Bigfoot National Recreation
Trail, Sanhedrin Special Conservation Management Area, and
Horse Mountain Special Management Area, whichever is later,
the Secretary, in consultation with the Pacific Gas and
Electric Company, shall publish plans for regular and
emergency access by the Pacific Gas and Electric Company to
the rights-of-way of the Pacific Gas and Electric Company.
TITLE III--CENTRAL COAST HERITAGE PROTECTION
SEC. 301. SHORT TITLE.
This title may be cited as the ``Central Coast Heritage
Protection Act''.
SEC. 302. DEFINITIONS.
In this title:
(1) Scenic areas.--The term ``scenic area'' means a scenic
area designated by section 308(a).
(2) Secretary.--The term ``Secretary'' means--
(A) with respect to land managed by the Bureau of Land
Management, the Secretary of the Interior; and
(B) with respect to land managed by the Forest Service, the
Secretary of Agriculture.
(3) State.--The term ``State'' means the State of
California.
(4) Wilderness area.--The term ``wilderness area'' means a
wilderness area or wilderness addition designated by section
303(a).
SEC. 303. DESIGNATION OF WILDERNESS.
(a) In General.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following areas in the State are
designated as wilderness areas and as components of the
National Wilderness Preservation System:
(1) Certain land in the Bakersfield Field Office of the
Bureau of Land Management comprising approximately 35,116
acres, as generally depicted on the map entitled ``Proposed
Caliente Mountain Wilderness'' and dated November 13, 2019,
which shall be known as the ``Caliente Mountain Wilderness''.
(2) Certain land in the Bakersfield Field Office of the
Bureau of Land Management comprising approximately 13,332
acres, as generally depicted on the map entitled ``Proposed
Soda Lake Wilderness'' and dated June 25, 2019, which shall
be known as the ``Soda Lake Wilderness''.
(3) Certain land in the Bakersfield Field Office of the
Bureau of Land Management comprising approximately 12,585
acres, as generally depicted on the map entitled ``Proposed
Temblor Range Wilderness'' and dated June 25, 2019, which
shall be known as the ``Temblor Range Wilderness''.
(4) Certain land in the Los Padres National Forest
comprising approximately 23,670 acres, as generally depicted
on the map entitled ``Chumash Wilderness Area Additions--
Proposed'' and dated March 29, 2019, which shall be
incorporated into and managed as part of the Chumash
Wilderness as designated by the Los Padres Condor Range and
River Protection Act (Public Law 102-301; 106 Stat. 242).
(5) Certain land in the Los Padres National Forest
comprising approximately 54,036 acres, as generally depicted
on the maps entitled ``Dick Smith Wilderness Area Additions--
Proposed Map 1 of 2 (Bear Canyon and Cuyama Peak Units)'' and
``Dick Smith Wilderness Area Additions--Proposed Map 2 of 2
(Buckhorn and Mono Units)'' and dated November 14, 2019,
which shall be incorporated into and managed as part of the
Dick Smith Wilderness as designated by the California
Wilderness Act of 1984 (Public Law 98-425; 16 U.S.C. 1132
note).
(6) Certain land in the Los Padres National Forest and the
Bakersfield Field Office of the Bureau of Land Management
comprising approximately 7,289 acres, as generally depicted
on the map entitled ``Garcia Wilderness Area Additions--
Proposed'' and dated March 29, 2019, which shall be
incorporated into and managed as part of the Garcia
Wilderness as designated by the Los Padres Condor Range and
River Protection Act (Public Law 102-301; 106 Stat. 242).
(7) Certain land in the Los Padres National Forest and the
Bakersfield Field Office of the Bureau of Land Management
comprising approximately 8,774 acres, as generally depicted
on the map entitled ``Machesna Mountain Wilderness--Proposed
Additions'' and dated October 30, 2019, which shall be
incorporated into and managed as part of the Machesna
Mountain Wilderness as designated by the California
Wilderness Act of 1984 (Public Law 98-425; 16 U.S.C. 1132
note).
(8) Certain land in the Los Padres National Forest
comprising approximately 30,184 acres, as generally depicted
on the map entitled ``Matilija Wilderness Area Additions--
Proposed'' and dated March 29, 2019, which shall be
incorporated into and managed as part of the Matilija
Wilderness as designated by the Los Padres Condor Range and
River Protection Act (Public Law 102-301; 106 Stat. 242).
(9) Certain land in the Los Padres National Forest
comprising approximately 23,969 acres, as generally depicted
on the map entitled ``San Rafael Wilderness Area Additions--
Proposed'' and dated March 29, 2019, which shall be
incorporated into and managed as part of the San Rafael
Wilderness as designated by Public Law 90-271 (82 Stat. 51),
the California Wilderness Act of 1984 (Public Law 98-425; 16
U.S.C. 1132 note), and the Los Padres Condor Range and River
Protection Act (Public Law 102-301; 106 Stat. 242).
(10) Certain land in the Los Padres National Forest
comprising approximately 2,921 acres, as generally depicted
on the map entitled ``Santa Lucia Wilderness Area Additions--
Proposed'' and dated March 29, 2019, which shall be
incorporated into and managed as part of the Santa Lucia
Wilderness as designated by the Endangered American
Wilderness Act of 1978 (Public Law 95-237; 16 U.S.C. 1132
note).
(11) Certain land in the Los Padres National Forest
comprising approximately 14,313 acres, as generally depicted
on the map entitled ``Sespe Wilderness Area Additions--
Proposed'' and dated March 29, 2019, which shall be
incorporated into and managed as part of the Sespe Wilderness
as designated by
[[Page H3350]]
the Los Padres Condor Range and River Protection Act (Public
Law 102-301; 106 Stat. 242).
(12) Certain land in the Los Padres National Forest
comprising approximately 17,870 acres, as generally depicted
on the map entitled ``Diablo Caliente Wilderness Area--
Proposed'' and dated March 29, 2019, which shall be known as
the ``Diablo Caliente Wilderness''.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file maps and
legal descriptions of the wilderness areas with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as
if included in this title, except that the Secretary may
correct any clerical and typographical errors in the maps and
legal descriptions.
(3) Public availability.--The maps and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service and Bureau of Land Management.
SEC. 304. DESIGNATION OF THE MACHESNA MOUNTAIN POTENTIAL
WILDERNESS.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the
Los Padres National Forest comprising approximately 2,359
acres, as generally depicted on the map entitled ``Machesna
Mountain Potential Wilderness'' and dated March 29, 2019, is
designated as the Machesna Mountain Potential Wilderness
Area.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and
legal description of the Machesna Mountain Potential
Wilderness Area (referred to in this section as the
``potential wilderness area'') with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this title, except that the Secretary may
correct any clerical and typographical errors in the map and
legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(c) Management.--Except as provided in subsection (d) and
subject to valid existing rights, the Secretary shall manage
the potential wilderness area in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.).
(d) Trail Use, Construction, Reconstruction, and
Realignment.--
(1) In general.--In accordance with paragraph (2), the
Secretary may reconstruct, realign, or reroute the Pine
Mountain Trail.
(2) Requirement.--In carrying out the reconstruction,
realignment, or rerouting under paragraph (1), the Secretary
shall--
(A) comply with all existing laws (including regulations);
and
(B) to the maximum extent practicable, use the minimum tool
or administrative practice necessary to accomplish the
reconstruction, realignment, or rerouting with the least
amount of adverse impact on wilderness character and
resources.
(3) Motorized vehicles and machinery.--In accordance with
paragraph (2), the Secretary may use motorized vehicles and
machinery to carry out the trail reconstruction, realignment,
or rerouting authorized by this subsection.
(4) Motorized and mechanized vehicles.--The Secretary may
permit the use of motorized and mechanized vehicles on the
existing Pine Mountain Trail in accordance with existing law
(including regulations) and this subsection until such date
as the potential wilderness area is designated as wilderness
in accordance with subsection (h).
(e) Withdrawal.--Subject to valid existing rights, the
Federal land in the potential wilderness area is withdrawn
from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(f) Cooperative Agreements.--In carrying out this section,
the Secretary may enter into cooperative agreements with
State, Tribal, and local governmental entities and private
entities to complete the trail reconstruction, realignment,
or rerouting authorized by subsection (d).
(g) Boundaries.--The Secretary shall modify the boundary of
the potential wilderness area to exclude any area within 150
feet of the centerline of the new location of any trail that
has been reconstructed, realigned, or rerouted under
subsection (d).
(h) Wilderness Designation.--
(1) In general.--The potential wilderness area, as modified
under subsection (g), shall be designated as wilderness and
as a component of the National Wilderness Preservation System
on the earlier of--
(A) the date on which the Secretary publishes in the
Federal Register notice that the trail reconstruction,
realignment, or rerouting authorized by subsection (d) has
been completed; or
(B) the date that is 20 years after the date of enactment
of this Act.
(2) Administration of wilderness.--On designation as
wilderness under this section, the potential wilderness area
shall be--
(A) incorporated into the Machesna Mountain Wilderness
Area, as designated by the California Wilderness Act of 1984
(Public Law 98-425; 16 U.S.C. 1132 note) and expanded by
section 303; and
(B) administered in accordance with section 305 and the
Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 305. ADMINISTRATION OF WILDERNESS.
(a) In General.--Subject to valid existing rights, the
wilderness areas shall be administered by the Secretary in
accordance with this title and the Wilderness Act (16 U.S.C.
1131 et seq.), except that--
(1) any reference in the Wilderness Act (16 U.S.C. 1131 et
seq.) to the effective date of that Act shall be considered
to be a reference to the date of enactment of this Act; and
(2) any reference in the Wilderness Act (16 U.S.C. 1131 et
seq.) to the Secretary of Agriculture shall be considered to
be a reference to the Secretary that has jurisdiction over
the wilderness area.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take any measures in a
wilderness area as are necessary for the control of fire,
insects, and diseases in accordance with section 4(d)(1) of
the Wilderness Act (16 U.S.C. 1133(d)(1)) and House Report
98-40 of the 98th Congress.
(2) Funding priorities.--Nothing in this title limits
funding for fire and fuels management in the wilderness
areas.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of enactment of
this Act, the Secretary shall amend the local information in
the Fire Management Reference System or individual
operational plans that apply to the land designated as a
wilderness area.
(4) Administration.--Consistent with paragraph (1) and
other applicable Federal law, to ensure a timely and
efficient response to fire emergencies in the wilderness
areas, the Secretary shall enter into agreements with
appropriate State or local firefighting agencies.
(c) Grazing.--The grazing of livestock in the wilderness
areas, if established before the date of enactment of this
Act, shall be permitted to continue, subject to any
reasonable regulations as the Secretary considers necessary
in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4));
(2) the guidelines set forth in Appendix A of House Report
101-405, accompanying H.R. 2570 of the 101st Congress for
land under the jurisdiction of the Secretary of the Interior;
(3) the guidelines set forth in House Report 96-617,
accompanying H.R. 5487 of the 96th Congress for land under
the jurisdiction of the Secretary of Agriculture; and
(4) all other laws governing livestock grazing on Federal
public land.
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this title
affects the jurisdiction or responsibilities of the State
with respect to fish and wildlife on public land in the
State.
(2) Management activities.--In furtherance of the purposes
and principles of the Wilderness Act (16 U.S.C. 1131 et
seq.), the Secretary may conduct any management activities
that are necessary to maintain or restore fish and wildlife
populations and habitats in the wilderness areas, if the
management activities are--
(A) consistent with relevant wilderness management plans;
(B) conducted in accordance with appropriate policies, such
as the policies established in Appendix B of House Report
101-405; and
(C) in accordance with memoranda of understanding between
the Federal agencies and the State Department of Fish and
Wildlife.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for the
designation of wilderness areas by this title to lead to the
creation of protective perimeters or buffer zones around each
wilderness area.
(2) Activities or uses up to boundaries.--The fact that
nonwilderness activities or uses can be seen or heard from
within a wilderness area shall not, of itself, preclude the
activities or uses up to the boundary of the wilderness area.
(f) Military Activities.--Nothing in this title precludes--
(1) low-level overflights of military aircraft over the
wilderness areas;
(2) the designation of new units of special airspace over
the wilderness areas; or
(3) the use or establishment of military flight training
routes over wilderness areas.
(g) Horses.--Nothing in this title precludes horseback
riding in, or the entry of recreational saddle or pack stock
into, a wilderness area--
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
(2) subject to any terms and conditions determined to be
necessary by the Secretary.
(h) Withdrawal.--Subject to valid existing rights, the
wilderness areas are withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
[[Page H3351]]
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(i) Incorporation of Acquired Land and Interests.--Any land
within the boundary of a wilderness area that is acquired by
the United States shall--
(1) become part of the wilderness area in which the land is
located; and
(2) be managed in accordance with--
(A) this section;
(B) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(C) any other applicable law.
(j) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to terms
and conditions as the Secretary may prescribe, the Secretary
may authorize the installation and maintenance of hydrologic,
meteorologic, or climatological collection devices in the
wilderness areas if the Secretary determines that the
facilities and access to the facilities are essential to
flood warning, flood control, or water reservoir operation
activities.
SEC. 306. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Indian Creek, Mono Creek, and Matilija Creek,
California.--Section 3(a) of the National Wild and Scenic
Rivers Act (16 U.S.C. 1274(a)) is amended by adding at the
end the following:
``(231) Indian creek, california.--The following segments
of Indian Creek in the State of California, to be
administered by the Secretary of Agriculture:
``(A) The 9.5-mile segment of Indian Creek from its source
in sec. 19, T. 7 N., R. 26 W., to the Dick Smith Wilderness
boundary, as a wild river.
``(B) The 1-mile segment of Indian Creek from the Dick
Smith Wilderness boundary to 0.25 miles downstream of Road
6N24, as a scenic river.
``(C) The 3.9-mile segment of Indian Creek from 0.25 miles
downstream of Road 6N24 to the southern boundary of sec. 32,
T. 6 N., R. 26 W., as a wild river.
``(232) Mono creek, california.--The following segments of
Mono Creek in the State of California, to be administered by
the Secretary of Agriculture:
``(A) The 4.2-mile segment of Mono Creek from its source in
sec. 1, T. 7 N., R. 26 W., to 0.25 miles upstream of Don
Victor Fire Road in sec. 28, T. 7 N., R. 25 W., as a wild
river.
``(B) The 2.1-mile segment of Mono Creek from 0.25 miles
upstream of the Don Victor Fire Road in sec. 28, T. 7 N., R.
25 W., to 0.25 miles downstream of Don Victor Fire Road in
sec. 34, T. 7 N., R. 25 W., as a recreational river.
``(C) The 14.7-mile segment of Mono Creek from 0.25 miles
downstream of Don Victor Fire Road in sec. 34, T. 7 N., R. 25
W., to the Ogilvy Ranch private property boundary in sec. 22,
T. 6 N., R. 26 W., as a wild river.
``(D) The 3.5-mile segment of Mono Creek from the Ogilvy
Ranch private property boundary to the southern boundary of
sec. 33, T. 6 N., R. 26 W., as a recreational river.
``(233) Matilija creek, california.--The following segments
of Matilija Creek in the State of California, to be
administered by the Secretary of Agriculture:
``(A) The 7.2-mile segment of the Matilija Creek from its
source in sec. 25, T. 6 N., R. 25 W., to the private property
boundary in sec. 9, T. 5 N., R. 24 W., as a wild river.
``(B) The 7.25-mile segment of the Upper North Fork
Matilija Creek from its source in sec. 36, T. 6 N., R. 24 W.,
to the Matilija Wilderness boundary, as a wild river.''.
(b) Sespe Creek, California.--Section 3(a) of the National
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by
striking paragraph (142) and inserting the following:
``(142) Sespe creek, california.--The following segments of
Sespe Creek in the State of California, to be administered by
the Secretary of Agriculture:
``(A) The 2.7-mile segment of Sespe Creek from the private
property boundary in sec. 10, T. 6 N., R. 24 W., to the
Hartman Ranch private property boundary in sec. 14, T. 6 N.,
R. 24 W., as a wild river.
``(B) The 15-mile segment of Sespe Creek from the Hartman
Ranch private property boundary in sec. 14, T. 6 N., R. 24
W., to the western boundary of sec. 6, T. 5 N., R. 22 W., as
a recreational river.
``(C) The 6.1-mile segment of Sespe Creek from the western
boundary of sec. 6, T. 5 N., R. 22 W., to the confluence with
Trout Creek, as a scenic river.
``(D) The 28.6-mile segment of Sespe Creek from the
confluence with Trout Creek to the southern boundary of sec.
35, T. 5 N., R. 20 W., as a wild river.''.
(c) Sisquoc River, California.--Section 3(a) of the
National Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is
amended by striking paragraph (143) and inserting the
following:
``(143) Sisquoc river, california.--The following segments
of the Sisquoc River and its tributaries in the State of
California, to be administered by the Secretary of
Agriculture:
``(A) The 33-mile segment of the main stem of the Sisquoc
River extending from its origin downstream to the Los Padres
Forest boundary, as a wild river.
``(B) The 4.2-mile segment of the South Fork Sisquoc River
from its source northeast of San Rafael Mountain in sec. 2,
T. 7 N., R. 28 W., to its confluence with the Sisquoc River,
as a wild river.
``(C) The 10.4-mile segment of Manzana Creek from its
source west of San Rafael Peak in sec. 4, T. 7 N., R. 28 W.,
to the San Rafael Wilderness boundary upstream of Nira
Campground, as a wild river.
``(D) The 0.6-mile segment of Manzana Creek from the San
Rafael Wilderness boundary upstream of the Nira Campground to
the San Rafael Wilderness boundary downstream of the
confluence of Davy Brown Creek, as a recreational river.
``(E) The 5.8-mile segment of Manzana Creek from the San
Rafael Wilderness boundary downstream of the confluence of
Davy Brown Creek to the private property boundary in sec. 1,
T. 8 N., R. 30 W., as a wild river.
``(F) The 3.8-mile segment of Manzana Creek from the
private property boundary in sec. 1, T. 8 N., R. 30 W., to
the confluence of the Sisquoc River, as a recreational river.
``(G) The 3.4-mile segment of Davy Brown Creek from its
source west of Ranger Peak in sec. 32, T. 8 N., R. 29 W., to
300 feet upstream of its confluence with Munch Canyon, as a
wild river.
``(H) The 1.4-mile segment of Davy Brown Creek from 300
feet upstream of its confluence with Munch Canyon to its
confluence with Manzana Creek, as a recreational river.
``(I) The 2-mile segment of Munch Canyon from its source
north of Ranger Peak in sec. 33, T. 8 N., R. 29 W., to 300
feet upstream of its confluence with Sunset Valley Creek, as
a wild river.
``(J) The 0.5-mile segment of Munch Canyon from 300 feet
upstream of its confluence with Sunset Valley Creek to its
confluence with Davy Brown Creek, as a recreational river.
``(K) The 2.6-mile segment of Fish Creek from 500 feet
downstream of Sunset Valley Road to its confluence with
Manzana Creek, as a wild river.
``(L) The 1.5-mile segment of East Fork Fish Creek from its
source in sec. 26, T. 8 N., R. 29 W., to its confluence with
Fish Creek, as a wild river.''.
(d) Piru Creek, California.--Section 3(a) of the National
Wild and Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by
striking paragraph (199) and inserting the following:
``(199) Piru creek, california.--The following segments of
Piru Creek in the State of California, to be administered by
the Secretary of Agriculture:
``(A) The 9.1-mile segment of Piru Creek from its source in
sec. 3, T. 6 N., R. 22 W., to the private property boundary
in sec. 4, T. 6 N., R. 21 W., as a wild river.
``(B) The 17.2-mile segment of Piru Creek from the private
property boundary in sec. 4, T. 6 N., R. 21 W., to 0.25 miles
downstream of the Gold Hill Road, as a scenic river.
``(C) The 4.1-mile segment of Piru Creek from 0.25 miles
downstream of Gold Hill Road to the confluence with Trail
Canyon, as a wild river.
``(D) The 7.25-mile segment of Piru Creek from the
confluence with Trail Canyon to the confluence with Buck
Creek, as a scenic river.
``(E) The 3-mile segment of Piru Creek from 0.5 miles
downstream of Pyramid Dam at the first bridge crossing to the
boundary of the Sespe Wilderness, as a recreational river.
``(F) The 13-mile segment of Piru Creek from the boundary
of the Sespe Wilderness to the boundary of the Sespe
Wilderness, as a wild river.
``(G) The 2.2-mile segment of Piru Creek from the boundary
of the Sespe Wilderness to the upper limit of Piru Reservoir,
as a recreational river.''.
(e) Effect.--The designation of additional miles of Piru
Creek under subsection (d) shall not affect valid water
rights in existence on the date of enactment of this Act.
(f) Motorized Use of Trails.--Nothing in this section
(including the amendments made by this section) affects the
motorized use of trails designated by the Forest Service for
motorized use that are located adjacent to and crossing upper
Piru Creek, if the use is consistent with the protection and
enhancement of river values under the National Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.).
SEC. 307. DESIGNATION OF THE FOX MOUNTAIN POTENTIAL
WILDERNESS.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain land in the
Los Padres National Forest comprising approximately 41,082
acres, as generally depicted on the map entitled ``Fox
Mountain Potential Wilderness Area'' and dated November 14,
2019, is designated as the Fox Mountain Potential Wilderness
Area.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of Agriculture shall
file a map and a legal description of the Fox Mountain
Potential Wilderness Area (referred to in this section as the
``potential wilderness area'') with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this title, except that the Secretary of
Agriculture may correct any clerical and typographical errors
in the map and legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
[[Page H3352]]
(c) Management.--Except as provided in subsection (d) and
subject to valid existing rights, the Secretary shall manage
the potential wilderness area in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.).
(d) Trail Use Construction, Reconstruction, and
Realignment.--
(1) In general.--In accordance with paragraph (2), the
Secretary of Agriculture may--
(A) construct a new trail for use by hikers, equestrians,
and mechanized vehicles that connects the Aliso Park
Campground to the Bull Ridge Trail; and
(B) reconstruct or realign--
(i) the Bull Ridge Trail; and
(ii) the Rocky Ridge Trail.
(2) Requirement.--In carrying out the construction,
reconstruction, or alignment under paragraph (1), the
Secretary shall--
(A) comply with all existing laws (including regulations);
and
(B) to the maximum extent practicable, use the minimum tool
or administrative practice necessary to accomplish the
construction, reconstruction, or alignment with the least
amount of adverse impact on wilderness character and
resources.
(3) Motorized vehicles and machinery.--In accordance with
paragraph (2), the Secretary may use motorized vehicles and
machinery to carry out the trail construction,
reconstruction, or realignment authorized by this subsection.
(4) Mechanized vehicles.--The Secretary may permit the use
of mechanized vehicles on the existing Bull Ridge Trail and
Rocky Ridge Trail in accordance with existing law (including
regulations) and this subsection until such date as the
potential wilderness area is designated as wilderness in
accordance with subsection (h).
(e) Withdrawal.--Subject to valid existing rights, the
Federal land in the potential wilderness area is withdrawn
from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(f) Cooperative Agreements.--In carrying out this section,
the Secretary may enter into cooperative agreements with
State, Tribal, and local governmental entities and private
entities to complete the trail construction, reconstruction,
and realignment authorized by subsection (d).
(g) Boundaries.--The Secretary shall modify the boundary of
the potential wilderness area to exclude any area within 50
feet of the centerline of the new location of any trail that
has been constructed, reconstructed, or realigned under
subsection (d).
(h) Wilderness Designation.--
(1) In general.--The potential wilderness area, as modified
under subsection (g), shall be designated as wilderness and
as a component of the National Wilderness Preservation System
on the earlier of--
(A) the date on which the Secretary publishes in the
Federal Register notice that the trail construction,
reconstruction, or alignment authorized by subsection (d) has
been completed; or
(B) the date that is 20 years after the date of enactment
of this Act.
(2) Administration of wilderness.--On designation as
wilderness under this section, the potential wilderness area
shall be--
(A) incorporated into the San Rafael Wilderness, as
designated by Public Law 90-271 (82 Stat. 51), the California
Wilderness Act of 1984 (Public Law 98-425; 16 U.S.C. 1132
note), and the Los Padres Condor Range and River Protection
Act (Public Law 102-301; 106 Stat. 242), and section 303; and
(B) administered in accordance with section 305 and the
Wilderness Act (16 U.S.C. 1131 et seq.).
SEC. 308. DESIGNATION OF SCENIC AREAS.
(a) In General.--Subject to valid existing rights, there
are established the following scenic areas:
(1) Condor ridge scenic area.--Certain land in the Los
Padres National Forest comprising approximately 18,666 acres,
as generally depicted on the map entitled ``Condor Ridge
Scenic Area--Proposed'' and dated March 29, 2019, which shall
be known as the ``Condor Ridge Scenic Area''.
(2) Black mountain scenic area.--Certain land in the Los
Padres National Forest and the Bakersfield Field Office of
the Bureau of Land Management comprising approximately 16,216
acres, as generally depicted on the map entitled ``Black
Mountain Scenic Area--Proposed'' and dated March 29, 2019,
which shall be known as the ``Black Mountain Scenic Area''.
(b) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary of Agriculture shall
file a map and legal description of the Condor Ridge Scenic
Area and Black Mountain Scenic Area with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The maps and legal descriptions filed
under paragraph (1) shall have the same force and effect as
if included in this title, except that the Secretary of
Agriculture may correct any clerical and typographical errors
in the maps and legal descriptions.
(3) Public availability.--The maps and legal descriptions
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service and Bureau of Land Management.
(c) Purpose.--The purpose of the scenic areas is to
conserve, protect, and enhance for the benefit and enjoyment
of present and future generations the ecological, scenic,
wildlife, recreational, cultural, historical, natural,
educational, and scientific resources of the scenic areas.
(d) Management.--
(1) In general.--The Secretary shall administer the scenic
areas--
(A) in a manner that conserves, protects, and enhances the
resources of the scenic areas, and in particular the scenic
character attributes of the scenic areas; and
(B) in accordance with--
(i) this section;
(ii) the Federal Land Policy and Management Act (43 U.S.C.
1701 et seq.) for land under the jurisdiction of the
Secretary of the Interior;
(iii) any laws (including regulations) relating to the
National Forest System, for land under the jurisdiction of
the Secretary of Agriculture; and
(iv) any other applicable law (including regulations).
(2) Uses.--The Secretary shall only allow those uses of the
scenic areas that the Secretary determines would further the
purposes described in subsection (c).
(e) Withdrawal.--Subject to valid existing rights, the
Federal land in the scenic areas is withdrawn from all forms
of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws pertaining to mineral and
geothermal leasing or mineral materials.
(f) Prohibited Uses.--The following shall be prohibited on
the Federal land within the scenic areas:
(1) Permanent roads.
(2) Permanent structures.
(3) Timber harvesting except when necessary for the
purposes described in subsection (g).
(4) Transmission lines.
(5) Except as necessary to meet the minimum requirements
for the administration of the scenic areas and to protect
public health and safety--
(A) the use of motorized vehicles; or
(B) the establishment of temporary roads.
(6) Commercial enterprises, except as necessary for
realizing the purposes of the scenic areas.
(g) Wildfire, Insect, and Disease Management.--Consistent
with this section, the Secretary may take any measures in the
scenic areas that the Secretary determines to be necessary to
control fire, insects, and diseases, including, as the
Secretary determines to be appropriate, the coordination of
those activities with the State or a local agency.
(h) Adjacent Management.--The fact that an otherwise
authorized activity or use can be seen or heard within a
scenic area shall not preclude the activity or use outside
the boundary of the scenic area.
SEC. 309. CONDOR NATIONAL SCENIC TRAIL.
(a) In General.--The contiguous trail established pursuant
to this section shall be known as the ``Condor National
Scenic Trail'' named after the California condor, a
critically endangered bird species that lives along the
extent of the trail corridor.
(b) Purpose.--The purposes of the Condor National Scenic
Trail are to--
(1) provide a continual extended hiking corridor that
connects the southern and northern portions of the Los Padres
National Forest, spanning the entire length of the forest
along the coastal mountains of southern and central
California; and
(2) provide for the public enjoyment of the nationally
significant scenic, historic, natural, and cultural qualities
of the Los Padres National Forest.
(c) Amendment.--Section 5(a) of the National Trails System
Act (16 U.S.C. 1244(a)) is amended by adding at the end the
following:
``(31) Condor national scenic trail.--
``(A) In general.--The Condor National Scenic Trail, a
trail extending approximately 400 miles from Lake Piru in the
southern portion of the Los Padres National Forest to the
Bottchers Gap Campground in northern portion of the Los
Padres National Forest.
``(B) Administration.--The trail shall be administered by
the Secretary of Agriculture, in consultation with--
``(i) other Federal, State, Tribal, regional, and local
agencies;
``(ii) private landowners; and
``(iii) other interested organizations.
``(C) Recreational uses.--Notwithstanding section 7(c), the
use of motorized vehicles on roads or trails included in the
Condor National Scenic Trail on which motorized vehicles are
permitted as of the date of enactment of this paragraph may
be permitted.
``(D) Private property rights.--
``(i) Prohibition.--The Secretary shall not acquire for the
trail any land or interest in land outside the exterior
boundary of any federally managed area without the consent of
the owner of land or interest in land.
``(ii) Effect.--Nothing in this paragraph--
``(I) requires any private property owner to allow public
access (including Federal, State, or local government access)
to private property; or
[[Page H3353]]
``(II) modifies any provision of Federal, State, or local
law with respect to public access to or use of private land.
``(E) Realignment.--The Secretary of Agriculture may
realign segments of the Condor National Scenic Trail as
necessary to fulfill the purposes of the trail.
``(F) Map.--A map generally depicting the trail described
in subparagraph (A) shall be on file and available for public
inspection in the appropriate offices of the Forest
Service.''.
(d) Study.--
(1) Study required.--Not later than 3 years after the date
of enactment of this Act, in accordance with this section,
the Secretary of Agriculture shall conduct a study that--
(A) addresses the feasibility of, and alternatives for,
connecting the northern and southern portions of the Los
Padres National Forest by establishing a trail across the
applicable portions of the northern and southern Santa Lucia
Mountains of the southern California Coastal Range; and
(B) considers realignment of the trail or construction of
new trail segments to avoid existing trail segments that
currently allow motorized vehicles.
(2) Contents.--In carrying out the study required by
paragraph (1), the Secretary of Agriculture shall--
(A) conform to the requirements for national scenic trail
studies described in section 5(b) of the National Trails
System Act (16 U.S.C. 1244(b));
(B) provide for a continual hiking route through and
connecting the southern and northern sections of the Los
Padres National Forest;
(C) promote recreational, scenic, wilderness and cultural
values;
(D) enhance connectivity with the overall National Forest
trail system;
(E) consider new connectors and realignment of existing
trails;
(F) emphasize safe and continuous public access, dispersal
from high-use areas, and suitable water sources; and
(G) to the extent practicable, provide all-year use.
(3) Additional requirement.--In completing the study
required by paragraph (1), the Secretary of Agriculture shall
consult with--
(A) appropriate Federal, State, Tribal, regional, and local
agencies;
(B) private landowners;
(C) nongovernmental organizations; and
(D) members of the public.
(4) Submission.--The Secretary of Agriculture shall submit
the study required by paragraph (1) to--
(A) the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources of the
Senate.
(5) Additions and alterations to the condor national scenic
trail.--
(A) In general.--Upon completion of the study required by
paragraph (1), if the Secretary of Agriculture determines
that additional or alternative trail segments are feasible
for inclusion in the Condor National Scenic Trail, the
Secretary of Agriculture shall include those segments in the
Condor National Scenic Trail.
(B) Effective date.--Additions or alternations to the
Condor National Scenic Trail shall be effective on the date
the Secretary of Agriculture publishes in the Federal
Register notice that the additional or alternative segments
are included in the Condor National Scenic Trail.
(e) Cooperative Agreements.--In carrying out this section
(including the amendments made by this section), the
Secretary of Agriculture may enter into cooperative
agreements with State, Tribal, and local government entities
and private entities to complete needed trail construction,
reconstruction, and realignment projects authorized by this
section (including the amendments made by this section).
SEC. 310. FOREST SERVICE STUDY.
Not later than 6 years after the date of enactment of this
Act, the Secretary of Agriculture (acting through the Chief
of the Forest Service) shall study the feasibility of opening
a new trail, for vehicles measuring 50 inches or less,
connecting Forest Service Highway 95 to the existing off-
highway vehicle trail system in the Ballinger Canyon off-
highway vehicle area.
SEC. 311. NONMOTORIZED RECREATION OPPORTUNITIES.
Not later than 6 years after the date of enactment of this
Act, the Secretary of Agriculture, in consultation with
interested parties, shall conduct a study to improve
nonmotorized recreation trail opportunities (including
mountain bicycling) on land not designated as wilderness
within the Santa Barbara, Ojai, and Mt. Pinos ranger
districts.
SEC. 312. USE BY MEMBERS OF TRIBES.
(a) Access.--The Secretary shall ensure that Tribes have
access, in accordance with the Wilderness Act (16 U.S.C. 1131
et seq.), to the wilderness areas, scenic areas, and
potential wilderness areas designated by this title for
traditional cultural and religious purposes.
(b) Temporary Closures.--
(1) In general.--In carrying out this section, the
Secretary, on request of a Tribe, may temporarily close to
the general public one or more specific portions of a
wilderness area, scenic area, or potential wilderness area
designated by this title to protect the privacy of the
members of the Tribe in the conduct of traditional cultural
and religious activities.
(2) Requirement.--Any closure under paragraph (1) shall
be--
(A) made in such a manner as to affect the smallest
practicable area for the minimum period of time necessary for
the activity to be carried out; and
(B) be consistent with the purpose and intent of Public Law
95-341 (commonly known as the American Indian Religious
Freedom Act) (42 U.S.C. 1996) and the Wilderness Act (16
U.S.C. 1131 et seq.).
TITLE IV--SAN GABRIEL MOUNTAINS FOOTHILLS AND RIVERS PROTECTION
SEC. 401. SHORT TITLE.
This title may be cited as the ``San Gabriel Mountains
Foothills and Rivers Protection Act''.
SEC. 402. DEFINITION OF STATE.
In this title, the term ``State'' means the State of
California.
Subtitle A--San Gabriel National Recreation Area
SEC. 411. PURPOSES.
The purposes of this subtitle are--
(1) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the ecological,
scenic, wildlife, recreational, cultural, historical,
natural, educational, and scientific resources of the
Recreation Area;
(2) to provide environmentally responsible, well-managed
recreational opportunities within the Recreation Area;
(3) to improve access to and from the Recreation Area;
(4) to provide expanded educational and interpretive
services to increase public understanding of, and
appreciation for, the natural and cultural resources of the
Recreation Area;
(5) to facilitate the cooperative management of the land
and resources within the Recreation Area, in collaboration
with the State and political subdivisions of the State,
historical, business, cultural, civic, recreational, tourism
and other nongovernmental organizations, and the public; and
(6) to allow the continued use of the Recreation Area by
all individuals, entities, and local government agencies in
activities relating to integrated water management, flood
protection, water conservation, water quality, water rights,
water supply, groundwater recharge and monitoring, wastewater
treatment, public roads and bridges, and utilities within or
adjacent to the Recreation Area.
SEC. 412. DEFINITIONS.
In this subtitle:
(1) Adjudication.--The term ``adjudication'' means any
final judgment, order, ruling, or decree entered in any
judicial proceeding adjudicating or affecting water rights,
surface water management, or groundwater management.
(2) Advisory council.--The term ``Advisory Council'' means
the San Gabriel National Recreation Area Public Advisory
Council established under section 417(a).
(3) Federal lands.--The term ``Federal lands'' means--
(A) public lands under the jurisdiction of the Secretary of
the Interior; and
(B) lands under the jurisdiction of the Secretary of
Defense, acting through the Chief of Engineers.
(4) Management plan.--The term ``management plan'' means
the management plan for the Recreation Area required under
section 414(d).
(5) Partnership.--The term ``Partnership'' means the San
Gabriel National Recreation Area Partnership established by
section 418(a).
(6) Public water system.--The term ``public water system''
has the meaning given the term in 42 U.S.C. 300(f)(4) or in
section 116275 of the California Health and Safety Code.
(7) Recreation area.--The term ``Recreation Area'' means
the San Gabriel National Recreation Area established by
section 413(a).
(8) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(9) Utility facility.--The term ``utility facility''
means--
(A) any electric substations, communication facilities,
towers, poles, and lines, ground wires, communication
circuits, and other structures, and related infrastructure;
and
(B) any such facilities associated with a public water
system.
(10) Water resource facility.--The term ``water resource
facility'' means irrigation and pumping facilities, dams and
reservoirs, flood control facilities, water conservation
works, including debris protection facilities, sediment
placement sites, rain gauges and stream gauges, water quality
facilities, recycled water facilities, water pumping,
conveyance and distribution systems, water storage tanks and
reservoirs, and water treatment facilities, aqueducts,
canals, ditches, pipelines, wells, hydropower projects, and
transmission and other ancillary facilities, groundwater
recharge facilities, water conservation, water filtration
plants, and other water diversion, conservation, groundwater
recharge, storage, and carriage structures.
SEC. 413. SAN GABRIEL NATIONAL RECREATION AREA.
(a) Establishment; Boundaries.--Subject to valid existing
rights, there is established as a unit of the National Park
System in the State the San Gabriel National Recreation Area
depicted as the ``Proposed San Gabriel National Recreation
Area'' on the map entitled ``San Gabriel National Recreation
Area
[[Page H3354]]
Proposed Boundary,'' numbered 503/152,737, and dated July
2019.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall file a map and
a legal description of the Recreation Area with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this title, except that the Secretary may
correct any clerical or typographical error in the map or
legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the National
Park Service.
(c) Administration and Jurisdiction.--
(1) Public lands.--The public lands included in the
Recreation Area shall be administered by the Secretary,
acting through the Director of the National Park Service.
(2) Department of defense land.--Although certain Federal
lands under the jurisdiction of the Secretary of Defense are
included in the recreation area, nothing in this subtitle
transfers administration jurisdiction of such Federal lands
from the Secretary of Defense or otherwise affects Federal
lands under the jurisdiction of the Secretary of Defense.
(3) State and local jurisdiction.--Nothing in this subtitle
alters, modifies, or diminishes any right, responsibility,
power, authority, jurisdiction, or entitlement of the State,
a political subdivision of the State, including, but not
limited to courts of competent jurisdiction, regulatory
commissions, boards, and departments, or any State or local
agency under any applicable Federal, State, or local law
(including regulations).
SEC. 414. MANAGEMENT.
(a) National Park System.--Subject to valid existing
rights, the Secretary shall manage the public lands included
in the Recreation Area in a manner that protects and enhances
the natural resources and values of the public lands, in
accordance with--
(1) this subtitle;
(2) section 100101(a), chapter 1003, and sections
100751(a), 100752, 100753 and 102101 of title 54, United
States Code (formerly known as the ``National Park Service
Organic Act'');
(3) the laws generally applicable to units of the National
Park System; and
(4) other applicable law, regulations, adjudications, and
orders.
(b) Cooperation With Secretary of Defense.--The Secretary
shall cooperate with the Secretary of Defense to develop
opportunities for the management of the Federal land under
the jurisdiction of the Secretary of Defense included in the
Recreation Area in accordance with the purposes described in
section 411, to the maximum extent practicable.
(c) Treatment of Non-Federal Land.--
(1) In general.--Nothing in this subtitle--
(A) authorizes the Secretary to take any action that would
affect the use of any land not owned by the United States
within the Recreation Area;
(B) affects the use of, or access to, any non-Federal land
within the Recreation Area;
(C) modifies any provision of Federal, State, or local law
with respect to public access to, or use of, non-Federal
land;
(D) requires any owner of non-Federal land to allow public
access (including Federal, State, or local government access)
to private property or any other non-Federal land;
(E) alters any duly adopted land use regulation, approved
land use plan, or any other regulatory authority of any State
or local agency or unit of Tribal government;
(F) creates any liability, or affects any liability under
any other law, of any private property owner or other owner
of non-Federal land with respect to any person injured on the
private property or other non-Federal land;
(G) conveys to the Partnership any land use or other
regulatory authority;
(H) shall be construed to cause any Federal, State, or
local regulation or permit requirement intended to apply to
units of the National Park System to affect the Federal lands
under the jurisdiction of the Secretary of Defense or non-
Federal lands within the boundaries of the recreation area;
or
(I) requires any local government to participate in any
program administered by the Secretary.
(2) Cooperation.--The Secretary is encouraged to work with
owners of non-Federal land who have agreed to cooperate with
the Secretary to advance the purposes of this subtitle.
(3) Buffer zones.--
(A) In general.--Nothing in this subtitle establishes any
protective perimeter or buffer zone around the Recreation
Area.
(B) Activities or uses up to boundaries.--The fact that an
activity or use of land can be seen or heard from within the
Recreation Area shall not preclude the activity or land use
up to the boundary of the Recreation Area.
(4) Facilities.--Nothing in this subtitle affects the
operation, maintenance, modification, construction,
destruction, removal, relocation, improvement or expansion of
any water resource facility or public water system, or any
solid waste, sanitary sewer, water or waste-water treatment,
groundwater recharge or conservation, hydroelectric,
conveyance distribution system, recycled water facility, or
utility facility located within or adjacent to the Recreation
Area.
(5) Exemption.--Section 100903 of title 54, United States
Code, shall not apply to the Puente Hills landfill, materials
recovery facility, or intermodal facility.
(d) Management Plan.--
(1) Deadline.--Not later than 3 years after the date of the
enactment of this Act, the Secretary and the Advisory Council
shall establish a comprehensive management plan for the
Recreation Area that supports the purposes described in
section 411.
(2) Use of existing plans.--In developing the management
plan, to the extent consistent with this section, the
Secretary may incorporate any provision of a land use or
other plan applicable to the public lands included in the
Recreation Area.
(3) Incorporation of visitor services plan.--To the maximum
extent practicable, the Secretary shall incorporate into the
management plan the visitor services plan under section
419(a)(2).
(4) Partnership.--In developing the management plan, the
Secretary shall consider recommendations of the Partnership.
To the maximum extent practicable, the Secretary shall
incorporate recommendations of the Partnership into the
management plan if the Secretary determines that the
recommendations are feasible and consistent with the purposes
in section 411, this subtitle, and applicable laws (including
regulations).
(e) Fish and Wildlife.--Nothing in this subtitle affects
the jurisdiction of the State with respect to fish or
wildlife located on public lands in the State.
SEC. 415. ACQUISITION OF NON-FEDERAL LAND WITHIN RECREATION
AREA.
(a) Limited Acquisition Authority.--
(1) In general.--Subject to paragraph (2), the Secretary
may acquire non-Federal land within the boundaries of the
Recreation Area only through exchange, donation, or purchase
from a willing seller.
(2) Additional requirement.--As a further condition on the
acquisition of land, the Secretary shall make a determination
that the land contains important biological, cultural,
historic, or recreational values.
(b) Prohibition on Use of Eminent Domain.--Nothing in this
subtitle authorizes the use of eminent domain to acquire land
or an interest in land.
(c) Treatment of Acquired Land.--Any land or interest in
land acquired by the United States within the boundaries of
the Recreation Area shall be--
(1) included in the Recreation Area; and
(2) administered by the Secretary in accordance with--
(A) this subtitle; and
(B) other applicable laws (including regulations).
SEC. 416. WATER RIGHTS; WATER RESOURCE FACILITIES; PUBLIC
ROADS; UTILITY FACILITIES.
(a) No Effect on Water Rights.--Nothing in this subtitle or
section 422--
(1) shall affect the use or allocation, as in existence on
the date of the enactment of this Act, of any water, water
right, or interest in water (including potable, recycled,
reclaimed, waste, imported, exported, banked, or stored
water, surface water, groundwater, and public trust
interest);
(2) shall affect any public or private contract in
existence on the date of the enactment of this Act for the
sale, lease, loan, or transfer of any water (including
potable, recycled, reclaimed, waste, imported, exported,
banked, or stored water, surface water, and groundwater);
(3) shall be considered to be a relinquishment or reduction
of any water rights reserved or appropriated by the United
States in the State on or before the date of the enactment of
this Act;
(4) authorizes or imposes any new reserved Federal water
right or expands water usage pursuant to any existing Federal
reserved, riparian or appropriative right;
(5) shall be considered a relinquishment or reduction of
any water rights (including potable, recycled, reclaimed,
waste, imported, exported, banked, or stored water, surface
water, and groundwater) held, reserved, or appropriated by
any public entity or other persons or entities, on or before
the date of the enactment of this Act;
(6) shall be construed to, or shall interfere or conflict
with the exercise of the powers or duties of any watermaster,
public agency, public water system, court of competent
jurisdiction, or other body or entity responsible for
groundwater or surface water management or groundwater
replenishment as designated or established pursuant to any
adjudication or Federal or State law, including the
management of the San Gabriel River watershed and basin, to
provide water supply or other environmental benefits;
(7) shall be construed to impede or adversely impact any
previously adopted Los Angeles County Drainage Area project,
as described in the report of the Chief of Engineers dated
June 30, 1992, including any supplement or addendum to that
report, or any maintenance agreement to operate that project;
(8) shall interfere or conflict with any action by a
watermaster, water agency, public water system, court of
competent jurisdiction, or public agency pursuant to any
Federal or State law, water right, or adjudication, including
any action relating to water conservation, water quality,
surface water
[[Page H3355]]
diversion or impoundment, groundwater recharge, water
treatment, conservation or storage of water, pollution, waste
discharge, the pumping of groundwater; the spreading,
injection, pumping, storage, or the use of water from local
sources, storm water flows, and runoff, or from imported or
recycled water, that is undertaken in connection with the
management or regulation of the San Gabriel River;
(9) shall interfere with, obstruct, hinder, or delay the
exercise of, or access to, any water right by the owner of a
public water system or any other individual or entity,
including the construction, operation, maintenance,
replacement, removal, repair, location, or relocation of any
well; pipeline; or water pumping, treatment, diversion,
impoundment, or storage facility; or other facility or
property necessary or useful to access any water right or
operate an public water system;
(10) shall require the initiation or reinitiation of
consultation with the United States Fish and Wildlife Service
under, or the application of any provision of, the Endangered
Species Act of 1973 (16 U.S.C. 1531 et seq.) relating to any
action affecting any water, water right, or water management
or water resource facility in the San Gabriel River watershed
and basin; or
(11) authorizes any agency or employee of the United
States, or any other person, to take any action inconsistent
with any of paragraphs (1) through (10).
(b) Water Resource Facilities.--
(1) No effect on existing water resource facilities.--
Nothing in this subtitle or section 422 shall affect--
(A) the use, operation, maintenance, repair, construction,
destruction, removal, reconfiguration, expansion, improvement
or replacement of a water resource facility or public water
system within or adjacent to the Recreation Area or San
Gabriel Mountains National Monument; or
(B) access to a water resource facility within or adjacent
to the Recreation Area or San Gabriel Mountains National
Monument.
(2) No effect on new water resource facilities.--Nothing in
this subtitle or section 422 shall preclude the establishment
of a new water resource facility (including instream sites,
routes, and areas) within the Recreation Area or San Gabriel
Mountains National Monument if the water resource facility or
public water system is necessary to preserve or enhance the
health, safety, reliability, quality or accessibility of
water supply, or utility services to residents of Los Angeles
County.
(3) Flood control.--Nothing in this subtitle or section 422
shall be construed to--
(A) impose any new restriction or requirement on flood
protection, water conservation, water supply, groundwater
recharge, water transfers, or water quality operations and
maintenance; or
(B) increase the liability of an agency or public water
system carrying out flood protection, water conservation,
water supply, groundwater recharge, water transfers, or water
quality operations.
(4) Diversion or use of water.--Nothing in this subtitle or
section 422 shall authorize or require the use of water or
water rights in, or the diversion of water to, the Recreation
Area or San Gabriel Mountains National Monument.
(c) Utility Facilities and Rights of Way.--Nothing in this
subtitle or section 422 shall--
(1) affect the use, operation, maintenance, repair,
construction, destruction, reconfiguration, expansion,
inspection, renewal, reconstruction, alteration, addition,
relocation, improvement, removal, or replacement of a utility
facility or appurtenant right-of-way within or adjacent to
the Recreation Area or San Gabriel Mountains National
Monument;
(2) affect access to a utility facility or right-of-way
within or adjacent to the Recreation Area or San Gabriel
Mountains National Monument; or
(3) preclude the establishment of a new utility facility or
right-of-way (including instream sites, routes, and areas)
within the Recreation Area or San Gabriel Mountains National
Monument if such a facility or right-of-way is necessary for
public health and safety, electricity supply, or other
utility services.
(d) Roads; Public Transit.--
(1) Definitions.--In this subsection:
(A) Public road.--The term ``public road'' means any paved
road or bridge (including any appurtenant structure and
right-of-way) that is--
(i) operated or maintained by a non-Federal entity; and
(ii)(I) open to vehicular use by the public; or
(II) used by a public agency or utility for the operation,
maintenance, improvement, repair, removal, relocation,
construction, destruction or rehabilitation of
infrastructure, a utility facility, or a right-of-way.
(B) Public transit.--The term ``public transit'' means any
transit service (including operations and rights-of-way) that
is--
(i) operated or maintained by a non-Federal entity; and
(ii)(I) open to the public; or
(II) used by a public agency or contractor for the
operation, maintenance, repair, construction, or
rehabilitation of infrastructure, a utility facility, or a
right-of-way.
(2) No effect on public roads or public transit.--Nothing
in this subtitle or section 422--
(A) authorizes the Secretary to take any action that would
affect the operation, maintenance, repair, or rehabilitation
of public roads or public transit (including activities
necessary to comply with Federal or State safety or public
transit standards); or
(B) creates any new liability, or increases any existing
liability, of an owner or operator of a public road.
SEC. 417. SAN GABRIEL NATIONAL RECREATION AREA PUBLIC
ADVISORY COUNCIL.
(a) Establishment.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall establish
an advisory council, to be known as the ``San Gabriel
National Recreation Area Public Advisory Council''.
(b) Duties.--The Advisory Council shall advise the
Secretary regarding the development and implementation of the
management plan and the visitor services plan.
(c) Applicable Law.--The Advisory Council shall be subject
to--
(1) the Federal Advisory Committee Act (5 U.S.C. App.); and
(2) all other applicable laws (including regulations).
(d) Membership.--The Advisory Council shall consist of 22
members, to be appointed by the Secretary after taking into
consideration recommendations of the Partnership, of whom--
(1) 2 shall represent local, regional, or national
environmental organizations;
(2) 2 shall represent the interests of outdoor recreation,
including off-highway vehicle recreation, within the
Recreation Area;
(3) 2 shall represent the interests of community-based
organizations, the missions of which include expanding access
to the outdoors;
(4) 2 shall represent business interests;
(5) 1 shall represent Indian Tribes within or adjacent to
the Recreation Area;
(6) 1 shall represent the interests of homeowners'
associations within the Recreation Area;
(7) 3 shall represent the interests of holders of
adjudicated water rights, public water systems, water
agencies, wastewater and sewer agencies, recycled water
facilities, and water management and replenishment entities;
(8) 1 shall represent energy and mineral development
interests;
(9) 1 shall represent owners of Federal grazing permits or
other land use permits within the Recreation Area;
(10) 1 shall represent archaeological and historical
interests;
(11) 1 shall represent the interests of environmental
educators;
(12) 1 shall represent cultural history interests;
(13) 1 shall represent environmental justice interests;
(14) 1 shall represent electrical utility interests; and
(15) 2 shall represent the affected public at large.
(e) Terms.--
(1) Staggered terms.--A member of the Advisory Council
shall be appointed for a term of 3 years, except that, of the
members first appointed, 7 of the members shall be appointed
for a term of 1 year and 7 of the members shall be appointed
for a term of 2 years.
(2) Reappointment.--A member may be reappointed to serve on
the Advisory Council on the expiration of the term of service
of the member.
(3) Vacancy.--A vacancy on the Advisory Council shall be
filled in the same manner in which the original appointment
was made.
(f) Quorum.--A quorum shall be ten members of the advisory
council. The operations of the advisory council shall not be
impaired by the fact that a member has not yet been appointed
as long as a quorum has been attained.
(g) Chairperson; Procedures.--The Advisory Council shall
elect a chairperson and establish such rules and procedures
as the advisory council considers necessary or desirable.
(h) Service Without Compensation.--Members of the Advisory
Council shall serve without pay.
(i) Termination.--The Advisory Council shall cease to
exist--
(1) on the date that is 5 years after the date on which the
management plan is adopted by the Secretary; or
(2) on such later date as the Secretary considers to be
appropriate.
SEC. 418. SAN GABRIEL NATIONAL RECREATION AREA PARTNERSHIP.
(a) Establishment.--There is established a Partnership, to
be known as the ``San Gabriel National Recreation Area
Partnership''.
(b) Purposes.--The purposes of the Partnership are to--
(1) coordinate the activities of Federal, State, Tribal,
and local authorities and the private sector in advancing the
purposes of this subtitle; and
(2) use the resources and expertise of each agency in
improving management and recreational opportunities within
the Recreation Area.
(c) Membership.--The Partnership shall include the
following:
(1) The Secretary (or a designee) to represent the National
Park Service.
(2) The Secretary of Defense (or a designee) to represent
the Corps of Engineers.
(3) The Secretary of Agriculture (or a designee) to
represent the Forest Service.
(4) The Secretary of the Natural Resources Agency of the
State (or a designee) to represent--
[[Page H3356]]
(A) the California Department of Parks and Recreation; and
(B) the Rivers and Mountains Conservancy.
(5) One designee of the Los Angeles County Board of
Supervisors.
(6) One designee of the Puente Hills Habitat Preservation
Authority.
(7) Four designees of the San Gabriel Council of
Governments, of whom one shall be selected from a local land
conservancy.
(8) One designee of the San Gabriel Valley Economic
Partnership.
(9) One designee of the Los Angeles County Flood Control
District.
(10) One designee of the San Gabriel Valley Water
Association.
(11) One designee of the Central Basin Water Association.
(12) One designee of the Main San Gabriel Basin
Watermaster.
(13) One designee of a public utility company, to be
appointed by the Secretary.
(14) One designee of the Watershed Conservation Authority.
(15) One designee of the Advisory Council for the period
during which the Advisory Council remains in effect.
(16) One designee of San Gabriel Mountains National
Monument Community Collaborative.
(d) Duties.--To advance the purposes described in section
411, the Partnership shall--
(1) make recommendations to the Secretary regarding the
development and implementation of the management plan;
(2) review and comment on the visitor services plan under
section 419(a)(2), and facilitate the implementation of that
plan;
(3) assist units of local government, regional planning
organizations, and nonprofit organizations in advancing the
purposes of the Recreation Area by--
(A) carrying out programs and projects that recognize,
protect, and enhance important resource values within the
Recreation Area;
(B) establishing and maintaining interpretive exhibits and
programs within the Recreation Area;
(C) developing recreational and educational opportunities
in the Recreation Area in accordance with the purposes of
this subtitle;
(D) increasing public awareness of, and appreciation for,
natural, historic, scenic, and cultural resources of the
Recreation Area;
(E) ensuring that signs identifying points of public access
and sites of interest are posted throughout the Recreation
Area;
(F) promoting a wide range of partnerships among
governments, organizations, and individuals to advance the
purposes of the Recreation Area; and
(G) ensuring that management of the Recreation Area takes
into consideration--
(i) local ordinances and land-use plans; and
(ii) adjacent residents and property owners;
(4) make recommendations to the Secretary regarding the
appointment of members to the Advisory Council; and
(5) carry out any other actions necessary to achieve the
purposes of this subtitle.
(e) Authorities.--Subject to approval by the Secretary, for
the purposes of preparing and implementing the management
plan, the Partnership may use Federal funds made available
under this section--
(1) to make grants to the State, political subdivisions of
the State, nonprofit organizations, and other persons;
(2) to enter into cooperative agreements with, or provide
grants or technical assistance to, the State, political
subdivisions of the State, nonprofit organizations, Federal
agencies, and other interested parties;
(3) to hire and compensate staff;
(4) to obtain funds or services from any source, including
funds and services provided under any other Federal law or
program;
(5) to contract for goods or services; and
(6) to support activities of partners and any other
activities that--
(A) advance the purposes of the Recreation Area; and
(B) are in accordance with the management plan.
(f) Terms of Office; Reappointment; Vacancies.--
(1) Terms.--A member of the Partnership shall be appointed
for a term of 3 years.
(2) Reappointment.--A member may be reappointed to serve on
the Partnership on the expiration of the term of service of
the member.
(3) Vacancy.--A vacancy on the Partnership shall be filled
in the same manner in which the original appointment was
made.
(g) Quorum.--A quorum shall be 11 members of the
Partnership. The operations of the Partnership shall not be
impaired by the fact that a member has not yet been appointed
as long as a quorum has been attained.
(h) Chairperson; Procedures.--The Partnership shall elect a
chairperson and establish such rules and procedures as it
deems necessary or desirable.
(i) Service Without Compensation.--A member of the
Partnership shall serve without compensation.
(j) Duties and Authorities of Secretary.--
(1) In general.--The Secretary shall convene the
Partnership on a regular basis to carry out this subtitle.
(2) Technical and financial assistance.--The Secretary may
provide to the Partnership or any member of the Partnership,
on a reimbursable or nonreimbursable basis, such technical
and financial assistance as the Secretary determines to be
appropriate to carry out this subtitle.
(3) Cooperative agreements.--The Secretary may enter into a
cooperative agreement with the Partnership, a member of the
Partnership, or any other public or private entity to provide
technical, financial, or other assistance to carry out this
subtitle.
(4) Construction of facilities on non-federal land.--
(A) In general.--In order to facilitate the administration
of the Recreation Area, the Secretary is authorized, subject
to valid existing rights, to construct administrative or
visitor use facilities on land owned by a non-profit
organization, local agency, or other public entity in
accordance with this title and applicable law (including
regulations).
(B) Additional requirements.--A facility under this
paragraph may only be developed--
(i) with the consent of the owner of the non-Federal land;
and
(ii) in accordance with applicable Federal, State, and
local laws (including regulations) and plans.
(5) Priority.--The Secretary shall give priority to actions
that--
(A) conserve the significant natural, historic, cultural,
and scenic resources of the Recreation Area; and
(B) provide educational, interpretive, and recreational
opportunities consistent with the purposes of the Recreation
Area.
(k) Committees.--The Partnership shall establish--
(1) a Water Technical Advisory Committee to advise the
Secretary regarding water-related issues relating to the
Recreation Area; and
(2) a Public Safety Advisory Committee to advise the
Secretary regarding public safety issues relating to the
Recreation Area.
SEC. 419. VISITOR SERVICES AND FACILITIES.
(a) Visitor Services.--
(1) Purpose.--The purpose of this subsection is to
facilitate the development of an integrated visitor services
plan to improve visitor experiences in the Recreation Area
through expanded recreational opportunities and increased
interpretation, education, resource protection, and
enforcement.
(2) Visitor services plan.--
(A) In general.--Not later than 3 years after the date of
the enactment of this Act, the Secretary shall develop and
carry out an integrated visitor services plan for the
Recreation Area in accordance with this paragraph.
(B) Contents.--The visitor services plan shall--
(i) assess current and anticipated future visitation to the
Recreation Area, including recreation destinations;
(ii) consider the demand for various types of recreation
(including hiking, picnicking, horseback riding, and the use
of motorized and mechanized vehicles), as permissible and
appropriate;
(iii) evaluate the impacts of recreation on natural and
cultural resources, water rights and water resource
facilities, public roads, adjacent residents and property
owners, and utilities within the Recreation Area, as well as
the effectiveness of current enforcement and efforts;
(iv) assess the current level of interpretive and
educational services and facilities;
(v) include recommendations to--
(I) expand opportunities for high-demand recreational
activities, in accordance with the purposes described in
section 411;
(II) better manage Recreation Area resources and improve
the experience of Recreation Area visitors through expanded
interpretive and educational services and facilities, and
improved enforcement; and
(III) better manage Recreation Area resources to reduce
negative impacts on the environment, ecology, and integrated
water management activities in the Recreation Area;
(vi) in coordination and consultation with affected owners
of non-Federal land, assess options to incorporate
recreational opportunities on non-Federal land into the
Recreation Area--
(I) in manner consistent with the purposes and uses of the
non-Federal land; and
(II) with the consent of the non-Federal landowner;
(vii) assess opportunities to provide recreational
opportunities that connect with adjacent National Forest
System land; and
(viii) be developed and carried out in accordance with
applicable Federal, State, and local laws and ordinances.
(C) Consultation.--In developing the visitor services plan,
the Secretary shall--
(i) consult with--
(I) the Partnership;
(II) the Advisory Council;
(III) appropriate State and local agencies; and
(IV) interested nongovernmental organizations; and
(ii) involve members of the public.
(b) Visitor Use Facilities.--
(1) In general.--The Secretary may construct visitor use
facilities in the Recreation Area.
(2) Requirements.--Each facility under paragraph (1) shall
be developed in accordance with applicable Federal, State,
and local--
(A) laws (including regulations); and
(B) plans.
(c) Donations.--
[[Page H3357]]
(1) In general.--The Secretary may accept and use donated
funds (subject to appropriations), property, in-kind
contributions, and services to carry out this subtitle.
(2) Prohibition.--The Secretary may not use the authority
provided by paragraph (1) to accept non-Federal land that has
been acquired after the date of the enactment of this Act
through the use of eminent domain.
(d) Cooperative Agreements.--In carrying out this subtitle,
the Secretary may make grants to, or enter into cooperative
agreements with, units of State, Tribal, and local
governments and private entities to conduct research, develop
scientific analyses, and carry out any other initiative
relating to the management of, and visitation to, the
Recreation Area.
Subtitle B--San Gabriel Mountains
SEC. 421. DEFINITIONS.
In this subtitle:
(1) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(2) Wilderness area or addition.--The term ``wilderness
area or addition'' means any wilderness area or wilderness
addition designated by section 423(a).
SEC. 422. NATIONAL MONUMENT BOUNDARY MODIFICATION.
(a) In General.--The San Gabriel Mountains National
Monument established by Presidential Proclamation 9194 (54
U.S.C. 320301 note) (referred to in this section as the
``Monument'') is modified to include the approximately
109,167 acres of additional National Forest System land
depicted as the ``Proposed San Gabriel Mountains National
Monument Expansion'' on the map entitled ``Proposed San
Gabriel Mountains National Monument Expansion'' and dated
June 26, 2019.
(b) Administration.--The Secretary shall administer the San
Gabriel Mountains National Monument, including the lands
added by subsection (a), in accordance with--
(1) Presidential Proclamation 9194, as issued on October
10, 2014 (54 U.S.C. 320301 note);
(2) the laws generally applicable to the Monument; and
(3) this title.
(c) Management Plan.--Within 3 years after the date of
enactment of this Act, the Secretary shall consult with State
and local governments and the interested public to update the
existing San Gabriel Mountains National Monument Plan to
provide management direction and protection for the lands
added to the Monument by subsection (a).
SEC. 423. DESIGNATION OF WILDERNESS AREAS AND ADDITIONS.
(a) Designation.--In accordance with the Wilderness Act (16
U.S.C. 1131 et seq.), the following parcels of National
Forest System land in the State are designated as wilderness
and as components of the National Wilderness Preservation
System:
(1) Condor peak wilderness.--Certain Federal land in the
Angeles National Forest, comprising approximately 8,207
acres, as generally depicted on the map entitled ``Condor
Peak Wilderness--Proposed'' and dated June 6, 2019, which
shall be known as the ``Condor Peak Wilderness''.
(2) San gabriel wilderness additions.--Certain Federal land
in the Angeles National Forest, comprising approximately
2,032 acres, as generally depicted on the map entitled ``San
Gabriel Wilderness Additions'' and dated June 6, 2019, which
is incorporated in, and considered to be a part of, the San
Gabriel Wilderness designated by Public Law 90-318 (16 U.S.C.
1132 note; 82 Stat. 131).
(3) Sheep mountain wilderness additions.--Certain Federal
land in the Angeles National Forest, comprising approximately
13,726 acres, as generally depicted on the map entitled
``Sheep Mountain Wilderness Additions'' and dated June 6,
2019, which is incorporated in, and considered to be a part
of, the Sheep Mountain Wilderness designated by section
101(a)(29) of the California Wilderness Act of 1984 (16
U.S.C. 1132 note; 98 Stat. 1623; Public Law 98-425).
(4) Yerba buena wilderness.--Certain Federal land in the
Angeles National Forest, comprising approximately 6,694
acres, as generally depicted on the map entitled ``Yerba
Buena Wilderness--Proposed'' and dated June 6, 2019, which
shall be known as the ``Yerba Buena Wilderness''.
(b) Map and Legal Description.--
(1) In general.--As soon as practicable after the date of
the enactment of this Act, the Secretary shall file a map and
a legal description of the wilderness areas and additions
with--
(A) the Committee on Energy and Natural Resources of the
Senate; and
(B) the Committee on Natural Resources of the House of
Representatives.
(2) Force of law.--The map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this subtitle, except that the Secretary may
correct any clerical or typographical error in the map or
legal description.
(3) Public availability.--The map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
SEC. 424. ADMINISTRATION OF WILDERNESS AREAS AND ADDITIONS.
(a) In General.--Subject to valid existing rights, the
wilderness areas and additions shall be administered by the
Secretary in accordance with this section and the Wilderness
Act (16 U.S.C. 1131 et seq.), except that any reference in
that Act to the effective date of that Act shall be
considered to be a reference to the date of the enactment of
this Act.
(b) Fire Management and Related Activities.--
(1) In general.--The Secretary may take such measures in a
wilderness area or addition designated in section 423 as are
necessary for the control of fire, insects, or diseases in
accordance with--
(A) section 4(d)(1) of the Wilderness Act (16 U.S.C.
1133(d)(1)); and
(B) House Report 98-40 of the 98th Congress.
(2) Funding priorities.--Nothing in this subtitle limits
funding for fire or fuels management in a wilderness area or
addition.
(3) Revision and development of local fire management
plans.--As soon as practicable after the date of the
enactment of this Act, the Secretary shall amend, as
applicable, any local fire management plan that applies to a
wilderness area or addition designated in section 423.
(4) Administration.--In accordance with paragraph (1) and
any other applicable Federal law, to ensure a timely and
efficient response to a fire emergency in a wilderness area
or addition, the Secretary shall--
(A) not later than 1 year after the date of the enactment
of this Act, establish agency approval procedures (including
appropriate delegations of authority to the Forest
Supervisor, District Manager, or other agency officials) for
responding to fire emergencies; and
(B) enter into agreements with appropriate State or local
firefighting agencies.
(c) Grazing.--The grazing of livestock in a wilderness area
or addition, if established before the date of the enactment
of this Act, shall be administered in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines contained in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(d) Fish and Wildlife.--
(1) In general.--In accordance with section 4(d)(7) of the
Wilderness Act (16 U.S.C. 1133(d)(7)), nothing in this
subtitle affects the jurisdiction or responsibility of the
State with respect to fish or wildlife on public land in the
State.
(2) Management activities.--
(A) In general.--In furtherance of the purposes and
principles of the Wilderness Act (16 U.S.C. 1131 et seq.),
the Secretary may conduct any management activity that are
necessary to maintain or restore fish or wildlife populations
or habitats in the wilderness areas and wilderness additions
designated in section 423, if the management activities are--
(i) consistent with relevant wilderness management plans;
and
(ii) conducted in accordance with appropriate policies,
such as the policies established in Appendix B of the report
of the Committee on Interior and Insular Affairs of the House
of Representatives accompanying H.R. 2570 of the 101st
Congress (H. Rept. 101-405).
(B) Inclusions.--A management activity under subparagraph
(A) may include the occasional and temporary use of motorized
vehicles, if the use, as determined by the Secretary, would
promote healthy, viable, and more naturally distributed
wildlife populations that would enhance wilderness values
while causing the minimum impact necessary to accomplish
those tasks.
(C) Existing activities.--In accordance with section
4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)) and
appropriate policies (such as the policies established in
Appendix B of House Report 101-405), the State may use
aircraft (including helicopters) in a wilderness area or
addition to survey, capture, transplant, monitor, or provide
water for a wildlife population, including bighorn sheep.
(e) Buffer Zones.--
(1) In general.--Congress does not intend for the
designation of wilderness areas or wilderness additions by
section 423 to lead to the creation of protective perimeters
or buffer zones around each wilderness area or wilderness
addition.
(2) Activities or uses up to boundaries.--The fact that a
nonwilderness activities or uses can be seen or heard from
within a wilderness area or wilderness addition designated by
section 423 shall not, of itself, preclude the activities or
uses up to the boundary of the wilderness area or addition.
(f) Military Activities.--Nothing in this title precludes--
(1) low-level overflights of military aircraft over the
wilderness areas or wilderness additions designated by
section 423;
(2) the designation of new units of special airspace over
the wilderness areas or wilderness additions designated by
section 423; or
(3) the use or establishment of military flight training
routes over wilderness areas or wilderness additions
designated by section 423.
(g) Horses.--Nothing in this subtitle precludes horseback
riding in, or the entry of recreational or commercial saddle
or pack stock into, an area designated as a wilderness area
or wilderness addition by section 423--
(1) in accordance with section 4(d)(5) of the Wilderness
Act (16 U.S.C. 1133(d)(5)); and
(2) subject to such terms and conditions as the Secretary
determines to be necessary.
(h) Law Enforcement.--Nothing in this subtitle precludes
any law enforcement or drug interdiction effort within the
wilderness areas or wilderness additions designated
[[Page H3358]]
by section 423 in accordance with the Wilderness Act (16
U.S.C. 1131 et seq.).
(i) Withdrawal.--Subject to valid existing rights, the
wilderness areas and additions designated by section 423 are
withdrawn from--
(1) all forms of entry, appropriation, and disposal under
the public land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral materials and geothermal
leasing laws.
(j) Incorporation of Acquired Land and Interests.--Any land
within the boundary of a wilderness area or addition that is
acquired by the United States shall--
(1) become part of the wilderness area or addition in which
the land is located; and
(2) be managed in accordance with this section, the
Wilderness Act (16 U.S.C. 1131 et seq.), and any other
applicable laws (including regulations).
(k) Climatological Data Collection.--In accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.) and subject to such
terms and conditions as the Secretary may prescribe, the
Secretary may authorize the installation and maintenance of
hydrologic, meteorologic, or climatological collection
devices in a wilderness area or addition if the Secretary
determines that the facilities and access to the facilities
is essential to a flood warning, flood control, or water
reservoir operation activity.
(l) Authorized Events.--The Secretary of Agriculture may
authorize the Angeles Crest 100 competitive running event to
continue in substantially the same manner and degree in which
this event was operated and permitted in 2015 within
additions to the Sheep Mountain Wilderness in section 423 of
this title and the Pleasant View Ridge Wilderness Area
designated by section 1802 of the Omnibus Public Land
Management Act of 2009, provided that the event is authorized
and conducted in a manner compatible with the preservation of
the areas as wilderness.
SEC. 425. DESIGNATION OF WILD AND SCENIC RIVERS.
(a) Designation.--Section 3(a) of the National Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at
the end the following:
``(__) East fork san gabriel river, california.--The
following segments of the East Fork San Gabriel River, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The 10-mile segment from the confluence of the
Prairie Fork and Vincent Gulch to 100 yards upstream of the
Heaton Flats trailhead and day use area, as a wild river.
``(B) The 2.7-mile segment from 100 yards upstream of the
Heaton Flats trailhead and day use area to 100 yards upstream
of the confluence with Williams Canyon, as a recreational
river.
``(__) North fork san gabriel river, california.--The 4.3-
mile segment of the North Fork San Gabriel River from the
confluence with Cloudburst Canyon to 0.25 miles upstream of
the confluence with the West Fork San Gabriel River, to be
administered by the Secretary of Agriculture as a
recreational river.
``(__) West fork san gabriel river, california.--The
following segments of the West Fork San Gabriel River, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The 6.7-mile segment from 0.25 miles downstream of
its source near Red Box Gap in sec. 14, T. 2 N., R. 12 W., to
the confluence with the unnamed tributary 0.25 miles
downstream of the power lines in sec. 22, T. 2 N., R. 11 W.,
as a recreational river.
``(B) The 1.6-mile segment of the West Fork from 0.25 miles
downstream of the powerlines in sec. 22, T. 2 N., R. 11 W.,
to the confluence with Bobcat Canyon, as a wild river.
``(__) Little rock creek, california.--The following
segments of Little Rock Creek and tributaries, to be
administered by the Secretary of Agriculture in the following
classes:
``(A) The 10.3-mile segment from its source on Mt.
Williamson in sec. 6, T. 3 N., R. 9 W., to 100 yards upstream
of the confluence with the South Fork Little Rock Creek, as a
wild river.
``(B) The 6.6-mile segment from 100 yards upstream of the
confluence with the South Fork Little Rock Creek to the
confluence with Santiago Canyon, as a recreational river.
``(C) The 1-mile segment of Cooper Canyon Creek from 0.25
miles downstream of Highway 2 to 100 yards downstream of
Cooper Canyon Campground, as a scenic river.
``(D) The 1.3-mile segment of Cooper Canyon Creek from 100
yards downstream of Cooper Canyon Campground to the
confluence with Little Rock Creek, as a wild river.
``(E) The 1-mile segment of Buckhorn Creek from 100 yards
downstream of the Buckhorn Campground to its confluence with
Cooper Canyon Creek, as a wild river.''.
(b) Water Resource Facilities; and Water Use.--
(1) Water resource facilities.--
(A) Definition.--In this section, the term ``water resource
facility'' means irrigation and pumping facilities, dams and
reservoirs, flood control facilities, water conservation
works and facilities, including debris protection facilities,
sediment placement sites, rain gauges and stream gauges,
water quality facilities, recycled water facilities and water
pumping, conveyance distribution systems, water storage tanks
and reservoirs, and water treatment facilities, aqueducts,
canals, ditches, pipelines, wells, hydropower projects, and
transmission and other ancillary facilities, groundwater
recharge facilities, water conservation, water filtration
plants, and other water diversion, conservation, groundwater
recharge, storage, and carriage structures.
(B) No effect on existing water resource facilities.--
Nothing in this section shall alter, modify, or affect--
(i) the use, operation, maintenance, repair, construction,
destruction, reconfiguration, expansion, relocation or
replacement of a water resource facility downstream of a wild
and scenic river segment designated by this section, provided
that the physical structures of such facilities or reservoirs
shall not be located within the river areas designated in
this section; or
(ii) access to a water resource facility downstream of a
wild and scenic river segment designated by this section.
(C) No effect on new water resource facilities.--Nothing in
this section shall preclude the establishment of a new water
resource facilities (including instream sites, routes, and
areas) downstream of a wild and scenic river segment.
(2) Limitation.--Any new reservation of water or new use of
water pursuant to existing water rights held by the United
States to advance the purposes of the National Wild and
Scenic Rivers Act (16 U.S.C. 1271 et seq.) shall be for
nonconsumptive instream use only within the segments
designated by this section.
(3) Existing law.--Nothing in this section affects the
implementation of the Endangered Species Act of 1973 (16
U.S.C. 1531 et seq.).
SEC. 426. WATER RIGHTS.
(a) Statutory Construction.--Nothing in this title, and no
action to implement this title--
(1) shall constitute an express or implied reservation of
any water or water right, or authorizing an expansion of
water use pursuant to existing water rights held by the
United States, with respect to the San Gabriel Mountains
National Monument, the land designated as a wilderness area
or wilderness addition by section 423 or land adjacent to the
wild and scenic river segments designated by the amendment
made by section 425;
(2) shall affect, alter, modify, or condition any water
rights in the State in existence on the date of the enactment
of this Act, including any water rights held by the United
States;
(3) shall be construed as establishing a precedent with
regard to any future wilderness or wild and scenic river
designations;
(4) shall affect, alter, or modify the interpretation of,
or any designation, decision, adjudication or action made
pursuant to, any other Act; or
(5) shall be construed as limiting, altering, modifying, or
amending any of the interstate compacts or equitable
apportionment decrees that apportions water among or between
the State and any other State.
(b) State Water Law.--The Secretary shall comply with
applicable procedural and substantive requirements of the law
of the State in order to obtain and hold any water rights not
in existence on the date of the enactment of this Act with
respect to the San Gabriel Mountains National Monument,
wilderness areas and wilderness additions designated by
section 423, and the wild and scenic rivers designated by
amendment made by section 425.
TITLE V--RIM OF THE VALLEY CORRIDOR PRESERVATION
SEC. 501. SHORT TITLE.
This title may be cited as the ``Rim of the Valley Corridor
Preservation Act''.
SEC. 502. BOUNDARY ADJUSTMENT; LAND ACQUISITION;
ADMINISTRATION.
(a) Boundary Adjustment.--Section 507(c)(1) of the National
Parks and Recreation Act of 1978 (16 U.S.C. 460kk(c)(1)) is
amended in the first sentence by striking ``, which shall''
and inserting `` and generally depicted as `Rim of the Valley
Unit Proposed Addition' on the map entitled `Rim of the
Valley Unit--Santa Monica Mountains National Recreation
Area', numbered 638/147,723, and dated September 2018. Both
maps shall''.
(b) Rim of the Valley Unit.--Section 507 of the National
Parks and Recreation Act of 1978 (16 U.S.C. 460kk) is amended
by adding at the end the following:
``(u) Rim of the Valley Unit.--(1) Not later than 3 years
after the date of the enactment of this subsection, the
Secretary shall update the general management plan for the
recreation area to reflect the boundaries designated on the
map referred to in subsection (c)(1) as the `Rim of the
Valley Unit' (hereafter in the subsection referred to as the
`Rim of the Valley Unit'). Subject to valid existing rights,
the Secretary shall administer the Rim of the Valley Unit,
and any land or interest in land acquired by the United
States and located within the boundaries of the Rim of the
Valley Unit, as part of the recreation area in accordance
with the provisions of this section and applicable laws and
regulations.
``(2) The Secretary may acquire non-Federal land within the
boundaries of the Rim of the Valley Unit only through
exchange, donation, or purchase from a willing seller.
Nothing in this subsection authorizes the use of eminent
domain to acquire land or interests in land.
``(3) Nothing in this subsection or the application of the
management plan for the
[[Page H3359]]
Rim of the Valley Unit shall be construed to--
``(A) modify any provision of Federal, State, or local law
with respect to public access to or use of non-Federal land;
``(B) create any liability, or affect any liability under
any other law, of any private property owner or other owner
of non-Federal land with respect to any person injured on
private property or other non-Federal land;
``(C) affect the ownership, management, or other rights
relating to any non-Federal land (including any interest in
any non-Federal land);
``(D) require any local government to participate in any
program administered by the Secretary;
``(E) alter, modify, or diminish any right, responsibility,
power, authority, jurisdiction, or entitlement of the State,
any political subdivision of the State, or any State or local
agency under existing Federal, State, and local law
(including regulations);
``(F) require the creation of protective perimeters or
buffer zones, and the fact that certain activities or land
can be seen or heard from within the Rim of the Valley Unit
shall not, of itself, preclude the activities or land uses up
to the boundary of the Rim of the Valley Unit;
``(G) require or promote use of, or encourage trespass on,
lands, facilities, and rights-of-way owned by non-Federal
entities, including water resource facilities and public
utilities, without the written consent of the owner;
``(H) affect the operation, maintenance, modification,
construction, or expansion of any water resource facility or
utility facility located within or adjacent to the Rim of the
Valley Unit;
``(I) terminate the fee title to lands or customary
operation, maintenance, repair, and replacement activities on
or under such lands granted to public agencies that are
authorized pursuant to Federal or State statute;
``(J) interfere with, obstruct, hinder, or delay the
exercise of any right to, or access to any water resource
facility or other facility or property necessary or useful to
access any water right to operate any public water or utility
system;
``(K) require initiation or reinitiation of consultation
with the United States Fish and Wildlife Service under, or
the application of provisions of, the Endangered Species Act
of 1973 (16 U.S.C. 1531 et seq.), the National Environmental
Policy Act of 1969 (42 U.S.C. 4321 et seq.), or division A of
subtitle III of title 54, United States Code, concerning any
action or activity affecting water, water rights or water
management or water resource facilities within the Rim of the
Valley Unit; or
``(L) limit the Secretary's ability to update applicable
fire management plans, which may consider fuels management
strategies including managed natural fire, prescribed fires,
non-fire mechanical hazardous fuel reduction activities, or
post-fire remediation of damage to natural and cultural
resources.
``(4) The activities of a utility facility or water
resource facility shall take into consideration ways to
reasonably avoid or reduce the impact on the resources of the
Rim of the Valley Unit.
``(5) For the purpose of paragraph (4)--
``(A) the term `utility facility' means electric
substations, communication facilities, towers, poles, and
lines, ground wires, communications circuits, and other
structures, and related infrastructure; and
``(B) the term `water resource facility' means irrigation
and pumping facilities; dams and reservoirs; flood control
facilities; water conservation works, including debris
protection facilities, sediment placement sites, rain gauges,
and stream gauges; water quality, recycled water, and pumping
facilities; conveyance distribution systems; water treatment
facilities; aqueducts; canals; ditches; pipelines; wells;
hydropower projects; transmission facilities; and other
ancillary facilities, groundwater recharge facilities, water
conservation, water filtration plants, and other water
diversion, conservation, groundwater recharge, storage, and
carriage structures.''.
TITLE VI--WILD OLYMPICS WILDERNESS AND WILD AND SCENIC RIVERS
SEC. 601. SHORT TITLE.
This title may be cited as the ``Wild Olympics Wilderness
and Wild and Scenic Rivers Act''.
SEC. 602. DESIGNATION OF OLYMPIC NATIONAL FOREST WILDERNESS
AREAS.
(a) In General.--In furtherance of the Wilderness Act (16
U.S.C. 1131 et seq.), the following Federal land in the
Olympic National Forest in the State of Washington comprising
approximately 126,554 acres, as generally depicted on the map
entitled ``Proposed Wild Olympics Wilderness and Wild and
Scenic Rivers Act'' and dated April 8, 2019 (referred to in
this section as the ``map''), is designated as wilderness and
as components of the National Wilderness Preservation System:
(1) Lost creek wilderness.--Certain Federal land managed by
the Forest Service, comprising approximately 7,159 acres, as
generally depicted on the map, which shall be known as the
``Lost Creek Wilderness''.
(2) Rugged ridge wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 5,956 acres,
as generally depicted on the map, which shall be known as the
``Rugged Ridge Wilderness''.
(3) Alckee creek wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 1,787 acres,
as generally depicted on the map, which shall be known as the
``Alckee Creek Wilderness''.
(4) Gates of the elwha wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 5,669
acres, as generally depicted on the map, which shall be known
as the ``Gates of the Elwha Wilderness''.
(5) Buckhorn wilderness additions.--Certain Federal land
managed by the Forest Service, comprising approximately
21,965 acres, as generally depicted on the map, is
incorporated in, and shall be managed as part of, the
``Buckhorn Wilderness'', as designated by section 3 of the
Washington State Wilderness Act of 1984 (16 U.S.C. 1132 note;
Public Law 98-339).
(6) Green mountain wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 4,790
acres, as generally depicted on the map, which shall be known
as the ``Green Mountain Wilderness''.
(7) The brothers wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 8,625
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``The Brothers
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(8) Mount skokomish wilderness additions.--Certain land
managed by the Forest Service, comprising approximately 8,933
acres, as generally depicted on the map, is incorporated in,
and shall be managed as part of, the ``Mount Skokomish
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(9) Wonder mountain wilderness additions.--Certain land
managed by the Forest Service, comprising approximately
26,517 acres, as generally depicted on the map, is
incorporated in, and shall be managed as part of, the
``Wonder Mountain Wilderness'', as designated by section 3 of
the Washington State Wilderness Act of 1984 (16 U.S.C. 1132
note; Public Law 98-339).
(10) Moonlight dome wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately 9,117
acres, as generally depicted on the map, which shall be known
as the ``Moonlight Dome Wilderness''.
(11) South quinault ridge wilderness.--Certain Federal land
managed by the Forest Service, comprising approximately
10,887 acres, as generally depicted on the map, which shall
be known as the ``South Quinault Ridge Wilderness''.
(12) Colonel bob wilderness additions.--Certain Federal
land managed by the Forest Service, comprising approximately
353 acres, as generally depicted on the map, is incorporated
in, and shall be managed as part of, the ``Colonel Bob
Wilderness'', as designated by section 3 of the Washington
State Wilderness Act of 1984 (16 U.S.C. 1132 note; Public Law
98-339).
(13) Sam's river wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 13,418 acres,
as generally depicted on the map, which shall be known as the
``Sam's River Wilderness''.
(14) Canoe creek wilderness.--Certain Federal land managed
by the Forest Service, comprising approximately 1,378 acres,
as generally depicted on the map, which shall be known as the
``Canoe Creek Wilderness''.
(b) Administration.--
(1) Management.--Subject to valid existing rights, the land
designated as wilderness by subsection (a) shall be
administered by the Secretary of Agriculture (referred to in
this section as the ``Secretary''), in accordance with the
Wilderness Act (16 U.S.C. 1131 et seq.), except that any
reference in that Act to the effective date of that Act shall
be considered to be a reference to the date of enactment of
this Act.
(2) Map and description.--
(A) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file a map and a
legal description of the land designated as wilderness by
subsection (a) with--
(i) the Committee on Natural Resources of the House of
Representatives; and
(ii) the Committee on Energy and Natural Resources of the
Senate.
(B) Effect.--Each map and legal description filed under
subparagraph (A) shall have the same force and effect as if
included in this title, except that the Secretary may correct
minor errors in the map and legal description.
(C) Public availability.--Each map and legal description
filed under subparagraph (A) shall be filed and made
available for public inspection in the appropriate office of
the Forest Service.
(c) Potential Wilderness.--
(1) In general.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land
managed by the Forest Service, comprising approximately 5,346
acres as identified as ``Potential Wilderness'' on the map,
is designated as potential wilderness.
(2) Designation as wilderness.--On the date on which the
Secretary publishes in the Federal Register notice that any
nonconforming uses in the potential wilderness designated by
paragraph (1) have terminated, the potential wilderness shall
be--
(A) designated as wilderness and as a component of the
National Wilderness Preservation System; and
(B) incorporated into the adjacent wilderness area.
[[Page H3360]]
(d) Adjacent Management.--
(1) No protective perimeters or buffer zones.--The
designations in this section shall not create a protective
perimeter or buffer zone around any wilderness area.
(2) Nonconforming uses permitted outside of boundaries of
wilderness areas.--Any activity or use outside of the
boundary of any wilderness area designated under this section
shall be permitted even if the activity or use would be seen
or heard within the boundary of the wilderness area.
(e) Fire, Insects, and Diseases.--The Secretary may take
such measures as are necessary to control fire, insects, and
diseases, in the wilderness areas designated by this section,
in accordance with section 4(d)(1) of the Wilderness Act (16
U.S.C. 1133(d)(1)) and subject to such terms and conditions
as the Secretary determines to be appropriate.
SEC. 603. WILD AND SCENIC RIVER DESIGNATIONS.
(a) In General.--Section 3(a) of the National Wild and
Scenic Rivers Act (16 U.S.C. 1274(a)) is amended by adding at
the end the following:
``(231) Elwha river, washington.--The approximately 29.0-
mile segment of the Elwha River and tributaries from the
source to Cat Creek, to be administered by the Secretary of
the Interior as a wild river.
``(232) Dungeness river, washington.--The segment of the
Dungeness River from the headwaters to the State of
Washington Department of Natural Resources land in T. 29 N.,
R. 4 W., sec. 12, to be administered by the Secretary of
Agriculture, except that portions of the river within the
boundaries of Olympic National Park shall be administered by
the Secretary of the Interior, including the following
segments of the mainstem and major tributary the Gray Wolf
River, in the following classes:
``(A) The approximately 5.8-mile segment of the Dungeness
River from the headwaters to the 2870 Bridge, as a wild
river.
``(B) The approximately 2.1-mile segment of the Dungeness
River from the 2870 Bridge to Silver Creek, as a scenic
river.
``(C) The approximately 2.7-mile segment of the Dungeness
River from Silver Creek to Sleepy Hollow Creek, as a wild
river.
``(D) The approximately 6.3-mile segment of the Dungeness
River from Sleepy Hollow Creek to the Olympic National Forest
boundary, as a scenic river.
``(E) The approximately 1.9-mile segment of the Dungeness
River from the National Forest boundary to the State of
Washington Department of Natural Resources land in T. 29 N.,
R. 4 W., sec. 12, to be administered as a recreational river
through a cooperative management agreement between the State
of Washington and the Secretary of Agriculture as provided in
section 10(e) of the Wild and Scenic Rivers Act (16 U.S.C.
1281(e)).
``(F) The approximately 16.1-mile segment of the Gray Wolf
River from the headwaters to the 2870 Bridge, as a wild
river.
``(G) The approximately 1.1-mile segment of the Gray Wolf
River from the 2870 Bridge to the confluence with the
Dungeness River, as a scenic river.
``(233) Big quilcene river, washington.--The segment of the
Big Quilcene River from the headwaters to the City of Port
Townsend water intake facility, to be administered by the
Secretary of Agriculture, in the following classes:
``(A) The approximately 4.4-mile segment from the
headwaters to the Buckhorn Wilderness boundary, as a wild
river.
``(B) The approximately 5.3-mile segment from the Buckhorn
Wilderness boundary to the City of Port Townsend water intake
facility, as a scenic river.
``(C) Section 7(a), with respect to the licensing of dams,
water conduits, reservoirs, powerhouses, transmission lines,
or other project works, shall apply to the approximately 5-
mile segment from the City of Port Townsend water intake
facility to the Olympic National Forest boundary.
``(234) Dosewallips river, washington.--The segment of the
Dosewallips River from the headwaters to the private land in
T. 26 N., R. 3 W., sec. 15, to be administered by the
Secretary of Agriculture, except that portions of the river
within the boundaries of Olympic National Park shall be
administered by the Secretary of the Interior, in the
following classes:
``(A) The approximately 12.9-mile segment from the
headwaters to Station Creek, as a wild river.
``(B) The approximately 6.8-mile segment from Station Creek
to the private land in T. 26 N., R. 3 W., sec. 15, as a
scenic river.
``(235) Duckabush river, washington.--The segment of the
Duckabush River from the headwaters to the private land in T.
25 N., R. 3 W., sec. 1, to be administered by the Secretary
of Agriculture, except that portions of the river within the
boundaries of Olympic National Park shall be administered by
the Secretary of the Interior, in the following classes:
``(A) The approximately 19.0-mile segment from the
headwaters to the Brothers Wilderness boundary, as a wild
river.
``(B) The approximately 1.9-mile segment from the Brothers
Wilderness boundary to the private land in T. 25 N., R. 3 W.,
sec. 1, as a scenic river.
``(236) Hamma hamma river, washington.--The segment of the
Hamma Hamma River from the headwaters to the eastern edge of
the NW1/4 sec. 21, T. 24 N., R. 3 W., to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 3.1-mile segment from the
headwaters to the Mt. Skokomish Wilderness boundary, as a
wild river.
``(B) The approximately 5.8-mile segment from the Mt.
Skokomish Wilderness boundary to Lena Creek, as a scenic
river.
``(C) The approximately 6.8-mile segment from Lena Creek to
the eastern edge of the NW1/4 sec. 21, T. 24 N., R. 3 W., to
be administered as a recreational river through a cooperative
management agreement between the State of Washington and the
Secretary of Agriculture as provided in section 10(e) of the
Wild and Scenic Rivers Act (16 U.S.C. 1281(e)).
``(237) South fork skokomish river, washington.--The
segment of the South Fork Skokomish River from the headwaters
to the Olympic National Forest boundary to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 6.7-mile segment from the
headwaters to Church Creek, as a wild river.
``(B) The approximately 8.3-mile segment from Church Creek
to LeBar Creek, as a scenic river.
``(C) The approximately 4.0-mile segment from LeBar Creek
to upper end of gorge in the NW1/4 sec. 22, T. 22 N., R. 5
W., as a recreational river.
``(D) The approximately 6.0-mile segment from the upper end
of the gorge to the Olympic National Forest boundary, as a
scenic river.
``(238) Middle fork satsop river, washington.--The
approximately 7.9-mile segment of the Middle Fork Satsop
River from the headwaters to the Olympic National Forest
boundary, to be administered by the Secretary of Agriculture,
as a scenic river.
``(239) West fork satsop river, washington.--The
approximately 8.2-mile segment of the West Fork Satsop River
from the headwaters to the Olympic National Forest boundary,
to be administered by the Secretary of Agriculture, as a
scenic river.
``(240) Wynoochee river, washington.--The segment of the
Wynoochee River from the headwaters to the head of Wynoochee
Reservoir to be administered by the Secretary of Agriculture,
except that portions of the river within the boundaries of
Olympic National Park shall be administered by the Secretary
of the Interior, in the following classes:
``(A) The approximately 2.5-mile segment from the
headwaters to the boundary of the Wonder Mountain Wilderness,
as a wild river.
``(B) The approximately 7.4-mile segment from the boundary
of the Wonder Mountain Wilderness to the head of Wynoochee
Reservoir, as a recreational river.
``(241) East fork humptulips river, washington.--The
segment of the East Fork Humptulips River from the headwaters
to the Olympic National Forest boundary to be administered by
the Secretary of Agriculture, in the following classes:
``(A) The approximately 7.4-mile segment from the
headwaters to the Moonlight Dome Wilderness boundary, as a
wild river.
``(B) The approximately 10.3-mile segment from the
Moonlight Dome Wilderness boundary to the Olympic National
Forest boundary, as a scenic river.
``(242) West fork humptulips river, washington.--The
approximately 21.4-mile segment of the West Fork Humptulips
River from the headwaters to the Olympic National Forest
Boundary, to be administered by the Secretary of Agriculture,
as a scenic river.
``(243) Quinault river, washington.--The segment of the
Quinault River from the headwaters to private land in T. 24
N., R. 8 W., sec. 33, to be administered by the Secretary of
the Interior, in the following classes:
``(A) The approximately 16.5-mile segment from the
headwaters to Graves Creek, as a wild river.
``(B) The approximately 6.7-mile segment from Graves Creek
to Cannings Creek, as a scenic river.
``(C) The approximately 1.0-mile segment from Cannings
Creek to private land in T. 24 N., R. 8 W., sec. 33, as a
recreational river.
``(244) Queets river, washington.--The segment of the
Queets River from the headwaters to the Olympic National Park
boundary to be administered by the Secretary of the Interior,
except that portions of the river outside the boundaries of
Olympic National Park shall be administered by the Secretary
of Agriculture, including the following segments of the
mainstem and certain tributaries in the following classes:
``(A) The approximately 28.6-mile segment of the Queets
River from the headwaters to the confluence with Sams River,
as a wild river.
``(B) The approximately 16.0-mile segment of the Queets
River from the confluence with Sams River to the Olympic
National Park boundary, as a scenic river.
``(C) The approximately 15.7-mile segment of the Sams River
from the headwaters to the confluence with the Queets River,
as a scenic river.
``(D) The approximately 17.7-mile segment of Matheny Creek
from the headwaters to the confluence with the Queets River,
to be administered as a scenic river through a cooperative
management agreement between the State of Washington and the
Secretary of Agriculture as provided in section 10(e) of the
Wild and Scenic Rivers Act (16 U.S.C. 1281(e)).
``(245) Hoh river, washington.--The segment of the Hoh
River and the major tributary South Fork Hoh from the
headwaters to
[[Page H3361]]
Olympic National Park boundary, to be administered by the
Secretary of the Interior, in the following classes:
``(A) The approximately 20.7-mile segment of the Hoh River
from the headwaters to Jackson Creek, as a wild river.
``(B) The approximately 6.0-mile segment of the Hoh River
from Jackson Creek to the Olympic National Park boundary, as
a scenic river.
``(C) The approximately 13.8-mile segment of the South Fork
Hoh River from the headwaters to the Olympic National Park
boundary, as a wild river.
``(D) The approximately 4.6-mile segment of the South Fork
Hoh River from the Olympic National Park boundary to the
Washington State Department of Natural Resources boundary in
T. 27 N., R. 10 W., sec. 29, to be administered as a
recreational river through a cooperative management agreement
between the State of Washington and the Secretary of
Agriculture as provided in section 10(e) of the Wild and
Scenic Rivers Act (16 U.S.C. 1281(e)).
``(246) Bogachiel river, washington.--The approximately
25.6-mile segment of the Bogachiel River from the source to
the Olympic National Park boundary, to be administered by the
Secretary of the Interior, as a wild river.
``(247) South fork calawah river, washington.--The segment
of the South Fork Calawah River and the major tributary
Sitkum River from the headwaters to Hyas Creek to be
administered by the Secretary of Agriculture, except those
portions of the river within the boundaries of Olympic
National Park shall be administered by the Secretary of the
Interior, including the following segments in the following
classes:
``(A) The approximately 15.7-mile segment of the South Fork
Calawah River from the headwaters to the Sitkum River, as a
wild river.
``(B) The approximately 0.9-mile segment of the South Fork
Calawah River from the Sitkum River to Hyas Creek, as a
scenic river.
``(C) The approximately 1.6-mile segment of the Sitkum
River from the headwaters to the Rugged Ridge Wilderness
boundary, as a wild river.
``(D) The approximately 11.9-mile segment of the Sitkum
River from the Rugged Ridge Wilderness boundary to the
confluence with the South Fork Calawah, as a scenic river.
``(248) Sol duc river, washington.--The segment of the Sol
Duc River from the headwaters to the Olympic National Park
boundary to be administered by the Secretary of the Interior,
including the following segments of the mainstem and certain
tributaries in the following classes:
``(A) The approximately 7.0-mile segment of the Sol Duc
River from the headwaters to the end of Sol Duc Hot Springs
Road, as a wild river.
``(B) The approximately 10.8-mile segment of the Sol Duc
River from the end of Sol Duc Hot Springs Road to the Olympic
National Park boundary, as a scenic river.
``(C) The approximately 14.2-mile segment of the North Fork
Sol Duc River from the headwaters to the Olympic Hot Springs
Road bridge, as a wild river.
``(D) The approximately 0.2-mile segment of the North Fork
Sol Duc River from the Olympic Hot Springs Road bridge to the
confluence with the Sol Duc River, as a scenic river.
``(E) The approximately 8.0-mile segment of the South Fork
Sol Duc River from the headwaters to the confluence with the
Sol Duc River, as a scenic river.
``(249) Lyre river, washington.--The approximately 0.2-mile
segment of the Lyre River from Lake Crescent to the Olympic
National Park boundary, to be administered by the Secretary
of the Interior as a scenic river.''.
(b) Effect.--The amendment made by subsection (a) does not
affect valid existing water rights.
(c) Updates to Land and Resource Management Plans.--
(1) In general.--Except as provided in paragraph (2), not
later than 3 years after the date of the enactment of this
Act, the Secretary of Agriculture shall, with respect to the
designations made under subsection (a) on lands under the
jurisdiction of the Secretary, incorporate such designations
into updated management plans for units of the National
Forest System in accordance with applicable laws (including
regulations).
(2) Exception.--The date specified in paragraph (1) shall
be 5 years after the date of the enactment of this Act if the
Secretary of Agriculture--
(A) is unable to meet the requirement under such paragraph
by the date specified in such paragraph; and
(B) not later than 3 years after the date of the enactment
of this Act, includes in the Department of Agriculture annual
budget submission to Congress a request for additional sums
as may be necessary to meet the requirement of such
paragraph.
(3) Comprehensive management plan requirements.--Updated
management plans under paragraph (1) or (2) satisfy the
requirements under section 3(d) of the Wild and Scenic Rivers
Act (16 U.S.C. 1274(d)).
SEC. 604. EXISTING RIGHTS AND WITHDRAWAL.
(a) In General.--In accordance with section 12(b) of the
National Wild and Scenic Rivers Act (16 U.S.C. 1283(b)),
nothing in this title or the amendment made by section 603(a)
affects or abrogates existing rights, privileges, or
contracts held by private parties, nor does this title in any
way modify or direct the management, acquisition, or
disposition of lands managed by the Washington Department of
Natural Resources on behalf of the State of Washington.
(b) Withdrawal.--Subject to valid existing rights, the
Federal land within the boundaries of the river segments
designated by this title and the amendment made by section
603(a) is withdrawn from all forms of--
(1) entry, appropriation, or disposal under the public land
laws;
(2) location, entry, and patent under the mining laws; and
(3) disposition under all laws relating to mineral and
geothermal leasing or mineral materials.
SEC. 605. TREATY RIGHTS.
Nothing in this title alters, modifies, diminishes, or
extinguishes the reserved treaty rights of any Indian tribe
with hunting, fishing, gathering, and cultural or religious
rights in the Olympic National Forest as protected by a
treaty.
TITLE VII--STUDY ON FLOOD RISK MITIGATION
SEC. 701. STUDY ON FLOOD RISK MITIGATION.
The Comptroller General shall conduct a study to determine
the contributions of wilderness designations under this
division to protections to flood risk mitigation in
residential areas.
TITLE VIII--MISCELLANEOUS
SEC. 801. PROMOTING HEALTH AND WELLNESS FOR VETERANS AND
SERVICEMEMBERS.
The Secretary of Interior and the Secretary of Agriculture
are encouraged to ensure servicemember and veteran access to
public lands designed by this division for the purposes of
outdoor recreation and to participate in outdoor-related
volunteer and wellness programs.
SEC. 802. FIRE, INSECTS, AND DISEASES.
Nothing in this division may be construed to limit the
authority of the Secretary of the Interior or the Secretary
of Agriculture under section 4(d)(1) of the Wilderness Act
(16 U.S.C. 1133(d)(1)), in accordance with existing laws
(including regulations).
SEC. 803. MILITARY ACTIVITIES.
Nothing in this division precludes--
(1) low-level overflights of military aircraft over
wilderness areas;
(2) the designation of new units of special airspace over
wilderness areas; or
(3) the establishment of military flight training routes
over wilderness areas.
The SPEAKER pro tempore. Pursuant to House Resolution 1053, the
gentlewoman from Colorado (Ms. DeGette) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Colorado.
Ms. DeGETTE. Mr. Speaker, I yield myself 1\1/2\ minutes.
Mr. Speaker, I rise today in support of my amendment, which would add
the text of the Protecting America's Wilderness Act to this year's
NDAA.
The purpose behind this amendment is simple. It is to protect more of
America's public lands and to ensure that our Nation's most elite
military pilots have the opportunity to train for some of the harshest
environments on the planet.
This legislation, which has already passed in the House earlier this
year, would permanently protect more than 1.3 million acres of public
land across Colorado, California, and Washington. It includes
Representative Huffman's language to protect lands in northwest
California; Representative Carbajal, to protect lands in central
California; and Representative Chu, to expand the San Gabriel Mountains
National Monument. It includes legislation by Representative Schiff to
protect lands by the Santa Monica Mountains National Recreation Area
and legislation by Representative Kilmer to protect lands in Washington
State's Olympic Peninsula.
Finally, it includes legislation that I have worked on for over 20
years to protect more than 600,000 acres in Colorado and to ensure that
key military areas, like the High Altitude Aviation Training Site, or
HAATS, is able to continue its mission unencumbered.
The designations in this amendment are the product of decades of work
and have garnered widespread support across the West. They are designed
to help protect these lands from the threat of future development,
provide a boost to our States' economies, and ensure our military has
the space it needs to train.
Mr. Speaker, I urge Members to vote ``yes'' on the amendment, and I
reserve the balance of my time.
Mr. LAMBORN. Mr. Speaker, I rise in opposition to the amendment.
The SPEAKER pro tempore. The gentleman from Colorado is recognized
for 5 minutes.
Mr. LAMBORN. Mr. Speaker, I yield myself such time as I may consume.
[[Page H3362]]
Mr. Speaker, I rise in strong opposition to this amendment to add a
package of divisive and unrelated partisan land bills to the NDAA.
First of all, this amendment has nothing to do with national defense.
It is a travesty that the majority has jammed these issues together.
Collectively, this package of ideologically driven bills impacts lands
in Colorado, California, and Washington by creating about 1.3 million
acres of new wilderness. But this will greatly reduce opportunities for
multiple uses on these public lands, limit access to them, and
significantly reduce the available productive acreage in working
forests, rendering them more prone to catastrophic wildfires.
In Colorado alone, this would designate about 570,000 acres of new
wilderness areas, 23,000 acres of expanded wilderness, and 14,000 areas
of potential wilderness, whatever ``potential wilderness'' is. This is
in a State where we have 3\1/2\ million acres of wilderness right now.
While I commend my colleague from Colorado for her attempts to work
with local stakeholders to address some of their concerns, none of the
bills in this package comes close to the type of balance and consensus
necessary for a bill of this magnitude. Many of the local communities
impacted by this package have raised significant concerns.
Now, you know, look, I love public lands, as does the sponsor of this
legislation. My wife and I hiked a national park in Moab last week.
While wilderness sounds good to the uninformed, it really means that
most people will forever lose access to those lands.
Local communities have many concerns with this bill. At the July
subcommittee hearing on this bill, we heard testimony from Montezuma
County Commissioner Keenan Ertel, who shared the county's concern that
this bill would negatively impact individual landowners, agricultural
entities, water providers, first responders, and especially the
recreation and tourism industry. Garfield County has also weighed in
against this bill because of the increased wildfire risk.
In addition to the local grievances, the affected Federal land
management agencies have stated that this bill is inconsistent with
previous designations and existing land uses because it arbitrarily
adds wilderness areas and wild and scenic river designations where
those designations are simply not supported.
Now, actually, there is one connection to national defense, and that
is a negative one. By designating the High Altitude Aviation Training
Site, or HAATS, as being within a wilderness area, it won't be able to
expand if and when future vertical lift platforms come online. Future
platforms will fly higher, farther, and faster, and they will need more
space, and this amendment prevents that.
Because of all these concerns, the Trump administration rightly
issued a veto threat against this bill when it first came up to the
House in February.
I ask my colleagues to oppose this amendment.
Mr. Speaker, I reserve the balance of my time.
{time} 1545
Ms. DeGETTE. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Huffman), a key sponsor of this amendment.
Mr. HUFFMAN. Mr. Speaker, I thank the gentlewoman for yielding.
My friend across the aisle who is so concerned about not having
environmental policy in the NDAA certainly showed no concern in prior
years when bad environmental policy was made against protections for
prairie chicken and sage-grouse in the NDAA. Today, we can make some
good environmental policy.
These bills are familiar to us because they passed with broad
support; they are well-vetted; and they include my Northwest California
Wilderness, Recreation, and Working Forests Act, which will protect
380,000 acres of new wilderness, designate 480 miles of wild scenic
river, and includes an ambitious restoration plan to improve forest
health, promote fire resiliency, and expand outdoor recreation.
These are good bills. They deserve our support.
Mr. LAMBORN. Mr. Speaker, I would just like to say to my colleague
from California that at least the sage-grouse amendments in the past
had something to do with national defense. These were next to military
areas that impacted readiness. This amendment has nothing to do with
national defense.
Mr. Speaker, may I inquire how much time I have remaining.
The SPEAKER pro tempore. The gentleman from Colorado has 1\3/4\
minutes remaining.
Mr. LAMBORN. Mr. Speaker, I yield the balance of my time to the
gentleman from Colorado (Mr. Tipton).
Mr. TIPTON. Mr. Speaker, I thank the gentleman for yielding.
Mr. Speaker, the amendment today will do exactly the opposite of what
we are trying to accomplish. This bill is not going to be able to
strengthen the national defense. My colleague's amendment would
directly threaten the high altitude military training aviation site
that is critical to the readiness of our armed services and to the
national security of the U.S.
Additionally, it would make the United States even more reliant on
China for critical strategic minerals.
Our goals should be to enact policies that will support readiness and
a sustainable and secure supply chain for critical minerals. This
amendment is in direct conflict to those goals.
My district is home to the national-level asset, the High Altitude
Army National Guard Aviation Training Site, or HAATS. The life-saving
training acquired at HAATS is vital to the military's success and
readiness of our Nation.
My good friend from Colorado's amendment seeks to establish five
wilderness areas within the HAATS training area either immediately or
in the future through a new, unprecedented land designation mechanism
that the sponsor is calling ``potential wilderness.''
When this legislation was debated before the committee, no one from
DOD or the National Guard Bureau, let alone the Colorado National
Guard, was given the chance to testify on the legislation's potential
effects on readiness. Therefore, it would be completely unacceptable to
include this legislation in the 2021 National Defense Authorization.
In addition, this amendment further deepens our Nation's concerning
dependence on Communist China for critical minerals. The U.S. is 100
percent import reliant on 14 minerals on the critical minerals list and
75 percent import reliant on an additional 10.
This map prepared by U.S. Geological Survey shows the critical
mineral deposit occurrences in Colorado. The area identified as
Colorado Mineral Belt, which spans from Boulder down through Gunnison
County and all the way into the Four Corners area, contains minerals on
which the U.S. is import reliant.
I urge opposition to this bill and inclusion into the NDAA.
Ms. DeGETTE. Mr. Speaker, I yield 1 minute to the gentleman from
California (Mr. Schiff), another key sponsor of this amendment.
Mr. SCHIFF. Mr. Speaker, I thank the gentlewoman from Colorado for
yielding. I rise in strong support of amendment 659, the Protecting
America's Wilderness Act. This amendment includes the Rim of the Valley
Corridor Preservation Act legislation I have been working on for nearly
20 years.
I first took up the study bill when George W. Bush was President. We
got that passed in a Republican House and signed into law. During the
course of the Obama administration, we got the study funded and
conducted.
Thousands and thousands of people commented during the public survey
period overwhelmingly in favor of the most aggressive option of
tripling the size of the park. Ultimately, the Park Service recommended
doubling the acreage in the Santa Monica Mountains National Recreation
Area. This bill would make that law.
Twenty years is a long enough time to be pursuing this to finally
bring it to completion. This will help us preserve wildlife corridors,
rare ecosystems, hiking trails, and recreational opportunities.
As Los Angeles expands, this proximity to nature is what so many
people love about it. We love how we have lions roaming our hills. We
have beautiful bears coming into people's garages to eat Ikea
meatballs, all possible because we preserve this open space.
Mr. Speaker, I urge passage.
[[Page H3363]]
Ms. DeGETTE. Mr. Speaker, I yield 1 minute to the gentlewoman from
California (Ms. Judy Chu), another key sponsor of this amendment.
Ms. JUDY CHU of California. Mr. Speaker, I rise in strong support of
this amendment, which includes the text of my legislation, the San
Gabriel Mountains Foothills and Rivers Protection Act.
The San Gabriel Mountains provide 30 percent of southern California's
water, comprise 70 percent of L.A. County's open space, and are easily
accessible to more than 15 million Americans. But still, the L.A.
County region is amongst the most park-poor in the country, with too
many communities lacking access to outdoor recreation opportunities in
their own neighborhoods.
By creating the San Gabriel Mountains national recreation area by
building on the progress made by the establishment of the San Gabriel
Mountains National Monument, by designating new wilderness and wild
rivers, this amendment will provide outdoor recreation opportunities to
millions, improving their health and well-being.
I urge my colleagues to join me in strong support of this amendment.
Ms. DeGETTE. Mr. Speaker, I yield myself the balance of my time.
Let me just set the record straight. These types of bills have been
included in the NDAA for generations by Republicans and Democrats. In
this case, it is particularly urgent because, as I said, and you even
heard my colleagues on the other side say, HAATS is included. This
clarifies HAATS laws, and it makes clear that they can be used.
There is one group of people that is the most important to decide
about wilderness, and that is the public. Two-thirds of the people on
the western slope of Colorado want more wilderness. These areas are all
wilderness study areas now. Let's keep them for future generations.
Mr. Speaker, I yield back the balance of my time.
Mr. LAMBORN. Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 1053, the
previous question is ordered on the amendment offered by the
gentlewoman from Colorado (Ms. DeGette).
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. LAMBORN. Mr. Speaker, I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3 of House Resolution
965, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 8 Offered by Mr. Neguse
The SPEAKER pro tempore. It is now in order to consider amendment No.
8 printed in House Report 116-457.
Mr. NEGUSE. Mr. Speaker, I rise today in support of the amendment,
which would amend H.R. 6395.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
Page 1242, after line 21, insert the following:
SEC. 2846. GRAND CANYON CENTENNIAL PROTECTION ACT.
(a) Short Title.--This section may be cited as the ``Grand
Canyon Centennial Protection Act''.
(b) Withdrawal of Certain Federal Land in the State of
Arizona.--
(1) Definition of map.--In this section, the term ``Map''
means the map prepared by the Bureau of Land Management
entitled ``Grand Canyon Centennial Protection Act'' and dated
July 11, 2019.
(2) Withdrawal.--Subject to valid existing rights, the
approximately 1,006,545 acres of Federal land in the State of
Arizona, generally depicted on the Map as ``Federal Mineral
Estate to be Withdrawn'', including any land or interest in
land that is acquired by the United States after the date of
the enactment of this section, are hereby withdrawn from--
(A) all forms of entry, appropriation, and disposal under
the public land laws;
(B) location, entry, and patent under the mining laws; and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(3) Availability of map.--The Map shall be kept on file and
made available for public inspection in the appropriate
offices of the Forest Service and the Bureau of Land
Management.
Page 1455, after line 25, insert the following:
DIVISION F--COLORADO OUTDOOR RECREATION AND ECONOMY ACT
SEC. 6001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Colorado Outdoor Recreation and Economy Act''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION F--COLORADO OUTDOOR RECREATION AND ECONOMY ACT
Sec. 6001. Short title; table of contents.
Sec. 6002. Definition of State.
TITLE I--CONTINENTAL DIVIDE
Sec. 6101. Definitions.
Sec. 6102. Colorado Wilderness additions.
Sec. 6103. Williams Fork Mountains Wilderness.
Sec. 6104. Tenmile Recreation Management Area.
Sec. 6105. Porcupine Gulch Wildlife Conservation Area.
Sec. 6106. Williams Fork Mountains Wildlife Conservation Area.
Sec. 6107. Camp Hale National Historic Landscape.
Sec. 6108. White River National Forest Boundary modification.
Sec. 6109. Rocky Mountain National Park Potential Wilderness Boundary
adjustment.
Sec. 6110. Administrative provisions.
TITLE II--SAN JUAN MOUNTAINS
Sec. 6201. Definitions.
Sec. 6202. Additions to National Wilderness Preservation System.
Sec. 6203. Special management areas.
Sec. 6204. Release of wilderness study areas.
Sec. 6205. Administrative provisions.
TITLE III--THOMPSON DIVIDE
Sec. 6301. Purposes.
Sec. 6302. Definitions.
Sec. 6303. Thompson Divide Withdrawal and Protection Area.
Sec. 6304. Thompson Divide lease exchange.
Sec. 6305. Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program.
Sec. 6306. Effect.
TITLE IV--CURECANTI NATIONAL RECREATION AREA
Sec. 6401. Definitions.
Sec. 6402. Curecanti National Recreation Area.
Sec. 6403. Acquisition of land; boundary management.
Sec. 6404. General management plan.
Sec. 6405. Boundary survey.
SEC. 6002. DEFINITION OF STATE.
In this division, the term ``State'' means the State of
Colorado.
TITLE I--CONTINENTAL DIVIDE
SEC. 6101. DEFINITIONS.
In this title:
(1) Covered area.--The term ``covered area'' means any area
designated as wilderness by the amendments to section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) made by section 6102(a).
(2) Historic landscape.--The term ``Historic Landscape''
means the Camp Hale National Historic Landscape designated by
section 6107(a).
(3) Recreation management area.--The term ``Recreation
Management Area'' means the Tenmile Recreation Management
Area designated by section 6104(a).
(4) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(5) Wildlife conservation area.--The term ``Wildlife
Conservation Area'' means, as applicable--
(A) the Porcupine Gulch Wildlife Conservation Area
designated by section 6105(a); and
(B) the Williams Fork Mountains Wildlife Conservation Area
designated by section 6106(a).
SEC. 6102. COLORADO WILDERNESS ADDITIONS.
(a) Designation.--Section 2(a) of the Colorado Wilderness
Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) is
amended--
(1) in paragraph (18), by striking ``1993,'' and inserting
``1993, and certain Federal land within the White River
National Forest that comprises approximately 6,896 acres, as
generally depicted as `Proposed Ptarmigan Peak Wilderness
Additions' on the map entitled `Proposed Ptarmigan Peak
Wilderness Additions' and dated June 24, 2019,''; and
(2) by adding at the end the following:
``(23) Holy cross wilderness addition.--Certain Federal
land within the White River National Forest that comprises
approximately 3,866 acres, as generally depicted as `Proposed
Megan Dickie Wilderness Addition' on the map entitled `Holy
Cross Wilderness Addition Proposal' and dated June 24, 2019,
which shall be incorporated into, and managed as part of, the
Holy Cross Wilderness designated by section 102(a)(5) of
Public Law 96-560 (94 Stat. 3266).
``(24) Hoosier ridge wilderness.--Certain Federal land
within the White River National Forest that comprises
approximately 5,235 acres, as generally depicted as `Proposed
Hoosier Ridge Wilderness' on the map entitled `Tenmile
Proposal' and dated June 24, 2019, which shall be known as
the `Hoosier Ridge Wilderness'.
``(25) Tenmile wilderness.--Certain Federal land within the
White River National Forest that comprises approximately
7,624 acres, as generally depicted as `Proposed Tenmile
Wilderness' on the map entitled `Tenmile Proposal' and dated
June 24, 2019, which shall be known as the `Tenmile
Wilderness'.
``(26) Eagles nest wilderness additions.--Certain Federal
land within the White River National Forest that comprises
approximately 9,670 acres, as generally depicted as
[[Page H3364]]
`Proposed Freeman Creek Wilderness Addition' and `Proposed
Spraddle Creek Wilderness Addition' on the map entitled
`Eagles Nest Wilderness Additions Proposal' and dated June
24, 2019, which shall be incorporated into, and managed as
part of, the Eagles Nest Wilderness designated by Public Law
94-352 (90 Stat. 870).''.
(b) Applicable Law.--Any reference in the Wilderness Act
(16 U.S.C. 1131 et seq.) to the effective date of that Act
shall be considered to be a reference to the date of
enactment of this Act for purposes of administering a covered
area.
(c) Fire, Insects, and Diseases.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)),
the Secretary may carry out any activity in a covered area
that the Secretary determines to be necessary for the control
of fire, insects, and diseases, subject to such terms and
conditions as the Secretary determines to be appropriate.
(d) Grazing.--The grazing of livestock on a covered area,
if established before the date of enactment of this Act,
shall be permitted to continue subject to such reasonable
regulations as are considered to be necessary by the
Secretary, in accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the guidelines set forth in Appendix A of the report of
the Committee on Interior and Insular Affairs of the House of
Representatives accompanying H.R. 2570 of the 101st Congress
(H. Rept. 101-405).
(e) Coordination.--For purposes of administering the
Federal land designated as wilderness by paragraph (26) of
section 2(a) of the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77) (as added by subsection
(a)(2)), the Secretary shall, as determined to be appropriate
for the protection of watersheds, coordinate the activities
of the Secretary in response to fires and flooding events
with interested State and local agencies, including
operations using aircraft or mechanized equipment.
SEC. 6103. WILLIAMS FORK MOUNTAINS WILDERNESS.
(a) Designation.--In furtherance of the purposes of the
Wilderness Act (16 U.S.C. 1131 et seq.), certain Federal land
in the White River National Forest in the State, comprising
approximately 8,036 acres and generally depicted as
``Proposed Williams Fork Mountains Wilderness'' on the map
entitled ``Williams Fork Mountains Proposal'' and dated June
24, 2019, is designated as a potential wilderness area.
(b) Management.--Subject to valid existing rights and
except as provided in subsection (d), the potential
wilderness area designated by subsection (a) shall be managed
in accordance with--
(1) the Wilderness Act (16 U.S.C. 1131 et seq.); and
(2) this section.
(c) Livestock Use of Vacant Allotments.--
(1) In general.--Not later than 3 years after the date of
enactment of this Act, in accordance with applicable laws
(including regulations), the Secretary shall publish a
determination regarding whether to authorize livestock
grazing or other use by livestock on the vacant allotments
known as--
(A) the ``Big Hole Allotment''; and
(B) the ``Blue Ridge Allotment''.
(2) Modification of allotments.--In publishing a
determination pursuant to paragraph (1), the Secretary may
modify or combine the vacant allotments referred to in that
paragraph.
(3) Permit or other authorization.--Not later than 1 year
after the date on which a determination of the Secretary to
authorize livestock grazing or other use by livestock is
published under paragraph (1), if applicable, the Secretary
shall grant a permit or other authorization for that
livestock grazing or other use in accordance with applicable
laws (including regulations).
(d) Range Improvements.--
(1) In general.--If the Secretary permits livestock grazing
or other use by livestock on the potential wilderness area
under subsection (c), the Secretary, or a third party
authorized by the Secretary, may use any motorized or
mechanized transport or equipment for purposes of
constructing or rehabilitating such range improvements as are
necessary to obtain appropriate livestock management
objectives (including habitat and watershed restoration).
(2) Termination of authority.--The authority provided by
this subsection terminates on the date that is 2 years after
the date on which the Secretary publishes a positive
determination under subsection (c)(3).
(e) Designation as Wilderness.--
(1) Designation.--The potential wilderness area designated
by subsection (a) shall be designated as wilderness, to be
known as the ``Williams Fork Mountains Wilderness''--
(A) effective not earlier than the date that is 180 days
after the date of enactment this Act; and
(B) on the earliest of--
(i) the date on which the Secretary publishes in the
Federal Register a notice that the construction or
rehabilitation of range improvements under subsection (d) is
complete;
(ii) the date described in subsection (d)(2); and
(iii) the effective date of a determination of the
Secretary not to authorize livestock grazing or other use by
livestock under subsection (c)(1).
(2) Administration.--Subject to valid existing rights, the
Secretary shall manage the Williams Fork Mountains Wilderness
in accordance with--
(A) the Colorado Wilderness Act of 1993 (16 U.S.C. 1132
note; Public Law 103-77); and
(B) this title.
SEC. 6104. TENMILE RECREATION MANAGEMENT AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 17,122 acres of Federal land in the White River
National Forest in the State, as generally depicted as
``Proposed Tenmile Recreation Management Area'' on the map
entitled ``Tenmile Proposal'' and dated June 24, 2019, are
designated as the ``Tenmile Recreation Management Area''.
(b) Purposes.--The purposes of the Recreation Management
Area are to conserve, protect, and enhance for the benefit
and enjoyment of present and future generations the
recreational, scenic, watershed, habitat, and ecological
resources of the Recreation Management Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Recreation
Management Area--
(A) in a manner that conserves, protects, and enhances--
(i) the purposes of the Recreation Management Area
described in subsection (b); and
(ii) recreation opportunities, including mountain biking,
hiking, fishing, horseback riding, snowshoeing, climbing,
skiing, camping, and hunting; and
(B) in accordance with--
(i) the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.);
(ii) any other applicable laws (including regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow such uses
of the Recreation Management Area as the Secretary determines
would further the purposes described in subsection (b).
(B) Vehicles.--
(i) In general.--Except as provided in clause (iii), the
use of motorized vehicles in the Recreation Management Area
shall be limited to the roads, vehicle classes, and periods
authorized for motorized vehicle use on the date of enactment
of this Act.
(ii) New or temporary roads.--Except as provided in clause
(iii), no new or temporary road shall be constructed in the
Recreation Management Area.
(iii) Exceptions.--Nothing in clause (i) or (ii) prevents
the Secretary from--
(I) rerouting or closing an existing road or trail to
protect natural resources from degradation, as the Secretary
determines to be appropriate;
(II) authorizing the use of motorized vehicles for
administrative purposes or roadside camping;
(III) constructing temporary roads or permitting the use of
motorized vehicles to carry out pre- or post-fire watershed
protection projects;
(IV) authorizing the use of motorized vehicles to carry out
any activity described in subsection (d), (e)(1), or (f); or
(V) responding to an emergency.
(C) Commercial timber.--
(i) In general.--Subject to clause (ii), no project shall
be carried out in the Recreation Management Area for the
purpose of harvesting commercial timber.
(ii) Limitation.--Nothing in clause (i) prevents the
Secretary from harvesting or selling a merchantable product
that is a byproduct of an activity authorized under this
section.
(d) Fire, Insects, and Diseases.--The Secretary may carry
out any activity, in accordance with applicable laws
(including regulations), that the Secretary determines to be
necessary to prevent, control, or mitigate fire, insects, or
disease in the Recreation Management Area, subject to such
terms and conditions as the Secretary determines to be
appropriate.
(e) Water.--
(1) Effect on water management infrastructure.--Nothing in
this section affects the construction, repair,
reconstruction, replacement, operation, maintenance, or
renovation within the Recreation Management Area of--
(A) water management infrastructure in existence on the
date of enactment of this Act; or
(B) any future infrastructure necessary for the development
or exercise of water rights decreed before the date of
enactment of this Act.
(2) Applicable law.--Section 3(e) of the James Peak
Wilderness and Protection Area Act (Public Law 107-216; 116
Stat. 1058) shall apply to the Recreation Management Area.
(f) Regional Transportation Projects.--Nothing in this
section precludes the Secretary from authorizing, in
accordance with applicable laws (including regulations), the
use or leasing of Federal land within the Recreation
Management Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation systems; or
(2) any infrastructure, activity, or safety measure
associated with the implementation or use of a facility
constructed under paragraph (1).
(g) Applicable Law.--Nothing in this section affects the
designation of the Federal land within the Recreation
Management Area for purposes of--
[[Page H3365]]
(1) section 138 of title 23, United States Code; or
(2) section 303 of title 49, United States Code.
(h) Permits.--Nothing in this section alters or limits--
(1) any permit held by a ski area or other entity; or
(2) the acceptance, review, or implementation of associated
activities or facilities proposed or authorized by law or
permit outside the boundaries of the Recreation Management
Area.
SEC. 6105. PORCUPINE GULCH WILDLIFE CONSERVATION AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 8,287 acres of Federal land located in the
White River National Forest, as generally depicted as
``Proposed Porcupine Gulch Wildlife Conservation Area'' on
the map entitled ``Porcupine Gulch Wildlife Conservation Area
Proposal'' and dated June 24, 2019, are designated as the
``Porcupine Gulch Wildlife Conservation Area'' (referred to
in this section as the ``Wildlife Conservation Area'').
(b) Purposes.--The purposes of the Wildlife Conservation
Area are--
(1) to conserve and protect a wildlife migration corridor
over Interstate 70; and
(2) to conserve, protect, and enhance for the benefit and
enjoyment of present and future generations the wildlife,
scenic, roadless, watershed, and ecological resources of the
Wildlife Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation Area--
(A) in a manner that conserves, protects, and enhances the
purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.);
(ii) any other applicable laws (including regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow such uses
of the Wildlife Conservation Area as the Secretary determines
would further the purposes described in subsection (b).
(B) Recreation.--The Secretary may permit such recreational
activities in the Wildlife Conservation Area that the
Secretary determines are consistent with the purposes
described in subsection (b).
(C) Motorized vehicles and mechanized transport; new or
temporary roads.--
(i) Motorized vehicles and mechanized transport.--Except as
provided in clause (iii), the use of motorized vehicles and
mechanized transport in the Wildlife Conservation Area shall
be prohibited.
(ii) New or temporary roads.--Except as provided in clause
(iii) and subsection (e), no new or temporary road shall be
constructed within the Wildlife Conservation Area.
(iii) Exceptions.--Nothing in clause (i) or (ii) prevents
the Secretary from--
(I) authorizing the use of motorized vehicles or mechanized
transport for administrative purposes;
(II) constructing temporary roads or permitting the use of
motorized vehicles or mechanized transport to carry out pre-
or post-fire watershed protection projects;
(III) authorizing the use of motorized vehicles or
mechanized transport to carry out activities described in
subsection (d) or (e); or
(IV) responding to an emergency.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no project shall
be carried out in the Wildlife Conservation Area for the
purpose of harvesting commercial timber.
(ii) Limitation.--Nothing in clause (i) prevents the
Secretary from harvesting or selling a merchantable product
that is a byproduct of an activity authorized under this
section.
(d) Fire, Insects, and Diseases.--The Secretary may carry
out any activity, in accordance with applicable laws
(including regulations), that the Secretary determines to be
necessary to prevent, control, or mitigate fire, insects, or
disease in the Wildlife Conservation Area, subject to such
terms and conditions as the Secretary determines to be
appropriate.
(e) Regional Transportation Projects.--Nothing in this
section or section 6110(e) precludes the Secretary from
authorizing, in accordance with applicable laws (including
regulations), the use or leasing of Federal land within the
Wildlife Conservation Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation systems; or
(2) any infrastructure, activity, or safety measure
associated with the implementation or use of a facility
constructed under paragraph (1).
(f) Applicable Law.--Nothing in this section affects the
designation of the Federal land within the Wildlife
Conservation Area for purposes of--
(1) section 138 of title 23, United States Code; or
(2) section 303 of title 49, United States Code.
(g) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058)
shall apply to the Wildlife Conservation Area.
SEC. 6106. WILLIAMS FORK MOUNTAINS WILDLIFE CONSERVATION
AREA.
(a) Designation.--Subject to valid existing rights, the
approximately 3,528 acres of Federal land in the White River
National Forest in the State, as generally depicted as
``Proposed Williams Fork Mountains Wildlife Conservation
Area'' on the map entitled ``Williams Fork Mountains
Proposal'' and dated June 24, 2019, are designated as the
``Williams Fork Mountains Wildlife Conservation Area''
(referred to in this section as the ``Wildlife Conservation
Area'').
(b) Purposes.--The purposes of the Wildlife Conservation
Area are to conserve, protect, and enhance for the benefit
and enjoyment of present and future generations the wildlife,
scenic, roadless, watershed, recreational, and ecological
resources of the Wildlife Conservation Area.
(c) Management.--
(1) In general.--The Secretary shall manage the Wildlife
Conservation Area--
(A) in a manner that conserves, protects, and enhances the
purposes described in subsection (b); and
(B) in accordance with--
(i) the Forest and Rangeland Renewable Resources Planning
Act of 1974 (16 U.S.C. 1600 et seq.);
(ii) any other applicable laws (including regulations); and
(iii) this section.
(2) Uses.--
(A) In general.--The Secretary shall only allow such uses
of the Wildlife Conservation Area as the Secretary determines
would further the purposes described in subsection (b).
(B) Motorized vehicles.--
(i) In general.--Except as provided in clause (iii), the
use of motorized vehicles in the Wildlife Conservation Area
shall be limited to designated roads and trails.
(ii) New or temporary roads.--Except as provided in clause
(iii), no new or temporary road shall be constructed in the
Wildlife Conservation Area.
(iii) Exceptions.--Nothing in clause (i) or (ii) prevents
the Secretary from--
(I) authorizing the use of motorized vehicles for
administrative purposes;
(II) authorizing the use of motorized vehicles to carry out
activities described in subsection (d); or
(III) responding to an emergency.
(C) Bicycles.--The use of bicycles in the Wildlife
Conservation Area shall be limited to designated roads and
trails.
(D) Commercial timber.--
(i) In general.--Subject to clause (ii), no project shall
be carried out in the Wildlife Conservation Area for the
purpose of harvesting commercial timber.
(ii) Limitation.--Nothing in clause (i) prevents the
Secretary from harvesting or selling a merchantable product
that is a byproduct of an activity authorized under this
section.
(E) Grazing.--The laws (including regulations) and policies
followed by the Secretary in issuing and administering
grazing permits or leases on land under the jurisdiction of
the Secretary shall continue to apply with regard to the land
in the Wildlife Conservation Area, consistent with the
purposes described in subsection (b).
(d) Fire, Insects, and Diseases.--The Secretary may carry
out any activity, in accordance with applicable laws
(including regulations), that the Secretary determines to be
necessary to prevent, control, or mitigate fire, insects, or
disease in the Wildlife Conservation Area, subject to such
terms and conditions as the Secretary determines to be
appropriate.
(e) Regional Transportation Projects.--Nothing in this
section or section 6110(e) precludes the Secretary from
authorizing, in accordance with applicable laws (including
regulations), the use or leasing of Federal land within the
Wildlife Conservation Area for--
(1) a regional transportation project, including--
(A) highway widening or realignment; and
(B) construction of multimodal transportation systems; or
(2) any infrastructure, activity, or safety measure
associated with the implementation or use of a facility
constructed under paragraph (1).
(f) Water.--Section 3(e) of the James Peak Wilderness and
Protection Area Act (Public Law 107-216; 116 Stat. 1058)
shall apply to the Wildlife Conservation Area.
SEC. 6107. CAMP HALE NATIONAL HISTORIC LANDSCAPE.
(a) Designation.--Subject to valid existing rights, the
approximately 28,676 acres of Federal land in the White River
National Forest in the State, as generally depicted as
``Proposed Camp Hale National Historic Landscape'' on the map
entitled ``Camp Hale National Historic Landscape Proposal''
and dated June 24, 2019, are designated the ``Camp Hale
National Historic Landscape''.
(b) Purposes.--The purposes of the Historic Landscape are--
(1) to provide for--
(A) the interpretation of historic events, activities,
structures, and artifacts of the Historic Landscape,
including with respect to the role of the Historic Landscape
in local, national, and world history;
(B) the historic preservation of the Historic Landscape,
consistent with--
(i) the designation of the Historic Landscape as a national
historic site; and
(ii) the other purposes of the Historic Landscape;
(C) recreational opportunities, with an emphasis on the
activities related to the historic use of the Historic
Landscape, including skiing, snowshoeing, snowmobiling,
hiking, horseback riding, climbing, other road- and trail-
based activities, and other outdoor activities; and
[[Page H3366]]
(D) the continued environmental remediation and removal of
unexploded ordnance at the Camp Hale Formerly Used Defense
Site and the Camp Hale historic cantonment area; and
(2) to conserve, protect, restore, and enhance for the
benefit and enjoyment of present and future generations the
scenic, watershed, and ecological resources of the Historic
Landscape.
(c) Management.--
(1) In general.--The Secretary shall manage the Historic
Landscape in accordance with--
(A) the purposes of the Historic Landscape described in
subsection (b); and
(B) any other applicable laws (including regulations).
(2) Management plan.--
(A) In general.--Not later than 5 years after the date of
enactment of this Act, the Secretary shall prepare a
management plan for the Historic Landscape.
(B) Contents.--The management plan prepared under
subparagraph (A) shall include plans for--
(i) improving the interpretation of historic events,
activities, structures, and artifacts of the Historic
Landscape, including with respect to the role of the Historic
Landscape in local, national, and world history;
(ii) conducting historic preservation and veteran outreach
and engagement activities;
(iii) managing recreational opportunities, including the
use and stewardship of--
(I) the road and trail systems; and
(II) dispersed recreation resources;
(iv) the conservation, protection, restoration, or
enhancement of the scenic, watershed, and ecological
resources of the Historic Landscape, including conducting the
restoration and enhancement project under subsection (d); and
(v) environmental remediation and, consistent with
subsection (e)(2), the removal of unexploded ordnance.
(3) Explosive hazards.--The Secretary shall provide to the
Secretary of the Army a notification of any unexploded
ordnance (as defined in section 101(e) of title 10, United
States Code) that is discovered in the Historic Landscape.
(d) Camp Hale Restoration and Enhancement Project.--
(1) In general.--The Secretary shall conduct a restoration
and enhancement project in the Historic Landscape--
(A) to improve aquatic, riparian, and wetland conditions in
and along the Eagle River and tributaries of the Eagle River;
(B) to maintain or improve recreation and interpretive
opportunities and facilities; and
(C) to conserve historic values in the Camp Hale area.
(2) Coordination.--In carrying out the project described in
paragraph (1), the Secretary shall coordinate with--
(A) the United States Army Corps of Engineers;
(B) the Camp Hale-Eagle River Headwaters Collaborative
Group;
(C) the National Forest Foundation;
(D) the Colorado Department of Public Health and
Environment;
(E) the Colorado State Historic Preservation Office;
(F) units of local government; and
(G) other interested organizations and members of the
public.
(e) Environmental Remediation.--
(1) In general.--The Secretary of the Army shall continue
to carry out the projects and activities of the Department of
the Army in existence on the date of enactment of this Act
relating to cleanup of--
(A) the Camp Hale Formerly Used Defense Site; or
(B) the Camp Hale historic cantonment area.
(2) Removal of unexploded ordnance.--
(A) In general.--The Secretary of the Army may remove
unexploded ordnance (as defined in section 101(e) of title
10, United States Code) from the Historic Landscape, as the
Secretary of the Army determines to be appropriate in
accordance with applicable law (including regulations).
(B) Action on receipt of notice.--On receipt from the
Secretary of a notification of unexploded ordnance under
subsection (c)(3), the Secretary of the Army may remove the
unexploded ordnance in accordance with--
(i) the program for environmental restoration of formerly
used defense sites under section 2701 of title 10, United
States Code;
(ii) the Comprehensive Environmental Response,
Compensation, and Liability Act of 1980 (42 U.S.C. 9601 et
seq.); and
(iii) any other applicable provision of law (including
regulations).
(3) Effect of subsection.--Nothing in this subsection
modifies any obligation in existence on the date of enactment
of this Act relating to environmental remediation or removal
of any unexploded ordnance located in or around the Camp Hale
historic cantonment area, the Camp Hale Formerly Used Defense
Site, or the Historic Landscape, including such an obligation
under--
(A) the program for environmental restoration of formerly
used defense sites under section 2701 of title 10, United
States Code;
(B) the Comprehensive Environmental Response, Compensation,
and Liability Act of 1980 (42 U.S.C. 9601 et seq.); or
(C) any other applicable provision of law (including
regulations).
(f) Interagency Agreement.--The Secretary and the Secretary
of the Army shall enter into an agreement--
(1) to specify--
(A) the activities of the Secretary relating to the
management of the Historic Landscape; and
(B) the activities of the Secretary of the Army relating to
environmental remediation and the removal of unexploded
ordnance in accordance with subsection (e) and other
applicable laws (including regulations); and
(2) to require the Secretary to provide to the Secretary of
the Army, by not later than 1 year after the date of
enactment of this Act and periodically thereafter, as
appropriate, a management plan for the Historic Landscape for
purposes of the removal activities described in subsection
(e).
(g) Effect.--Nothing in this section--
(1) affects the jurisdiction of the State over any water
law, water right, or adjudication or administration relating
to any water resource;
(2) affects any water right in existence on or after the
date of enactment of this Act, or the exercise of such a
water right, including--
(A) a water right under an interstate water compact
(including full development of any apportionment made in
accordance with such a compact);
(B) a water right decreed within, above, below, or through
the Historic Landscape;
(C) a water right held by the United States;
(D) the management or operation of any reservoir, including
the storage, management, release, or transportation of water;
and
(E) the construction or operation of such infrastructure as
is determined to be necessary by an individual or entity
holding water rights to develop and place to beneficial use
those rights, subject to applicable Federal, State, and local
law (including regulations);
(3) constitutes an express or implied reservation by the
United States of any reserved or appropriative water right;
(4) alters or limits--
(A) a permit held by a ski area;
(B) the implementation of activities governed by a ski area
permit; or
(C) the authority of the Secretary to modify or expand an
existing ski area permit;
(5) prevents the Secretary from closing portions of the
Historic Landscape for public safety, environmental
remediation, or other use in accordance with applicable laws;
or
(6) affects--
(A) any special use permit in effect on the date of
enactment of this Act; or
(B) the renewal of a permit described in subparagraph (A).
(h)(1) Funding.--There is established in the general fund
of the Treasury a special account, to be known as the ``Camp
Hale Historic Preservation and Restoration Fund''.
(2) There is authorized to be appropriated to the Camp Hale
Historic Preservation and Restoration Fund $10,000,000, to be
available to the Secretary until expended, for activities
relating to historic interpretation, preservation, and
restoration carried out in and around the Historic Landscape.
(i) Designation of Overlook.--The interpretive site located
beside United States Route 24 in the State, at 39.431N
106.323W, is hereby designated as the ``Sandy Treat
Overlook''.
SEC. 6108. WHITE RIVER NATIONAL FOREST BOUNDARY MODIFICATION.
(a) In General.--The boundary of the White River National
Forest is modified to include the approximately 120 acres
comprised of the SW 1/4, the SE 1/4, and the NE 1/4 of the SE
1/4 of sec. 1, T. 2 S., R. 80 W., 6th Principal Meridian, in
Summit County in the State.
(b) Land and Water Conservation Fund.--For purposes of
section 200306 of title 54, United States Code, the
boundaries of the White River National Forest, as modified
under subsection (a), shall be considered to be the
boundaries of the White River National Forest as in existence
on January 1, 1965.
SEC. 6109. ROCKY MOUNTAIN NATIONAL PARK POTENTIAL WILDERNESS
BOUNDARY ADJUSTMENT.
(a) Purpose.--The purpose of this section is to provide for
the ongoing maintenance and use of portions of the Trail
River Ranch and the associated property located within Rocky
Mountain National Park in Grand County in the State.
(b) Boundary Adjustment.--Section 1952(b) of the Omnibus
Public Land Management Act of 2009 (Public Law 111-11; 123
Stat. 1070) is amended by adding at the end the following:
``(3) Boundary adjustment.--The boundary of the Potential
Wilderness is modified to exclude the area comprising
approximately 15.5 acres of land identified as `Potential
Wilderness to Non-wilderness' on the map entitled `Rocky
Mountain National Park Proposed Wilderness Area Amendment'
and dated January 16, 2018.''.
SEC. 6110. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this title affects the
jurisdiction or responsibility of the State with respect to
fish and wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this title or an amendment made
by this title establishes a protective perimeter or buffer
zone around--
(A) a covered area;
(B) a wilderness area or potential wilderness area
designated by section 6103;
(C) the Recreation Management Area;
(D) a Wildlife Conservation Area; or
[[Page H3367]]
(E) the Historic Landscape.
(2) Outside activities.--The fact that a nonwilderness
activity or use on land outside of a covered area can be seen
or heard from within the covered area shall not preclude the
activity or use outside the boundary of the covered area.
(c) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary shall file maps and
legal descriptions of each area described in subsection
(b)(1) with--
(A) the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources of the
Senate.
(2) Force of law.--Each map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this title, except that the Secretary may
correct any typographical errors in the maps and legal
descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Forest
Service.
(d) Acquisition of Land.--
(1) In general.--The Secretary may acquire any land or
interest in land within the boundaries of an area described
in subsection (b)(1) only through exchange, donation, or
purchase from a willing seller.
(2) Management.--Any land or interest in land acquired
under paragraph (1) shall be incorporated into, and
administered as a part of, the wilderness area, Recreation
Management Area, Wildlife Conservation Area, or Historic
Landscape, as applicable, in which the land or interest in
land is located.
(e) Withdrawal.--Subject to valid rights in existence on
the date of enactment of this Act, the areas described in
subsection (b)(1) are withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(f) Military Overflights.--Nothing in this title or an
amendment made by this title restricts or precludes--
(1) any low-level overflight of military aircraft over any
area subject to this title or an amendment made by this
title, including military overflights that can be seen,
heard, or detected within such an area;
(2) flight testing or evaluation over an area described in
paragraph (1); or
(3) the use or establishment of--
(A) any new unit of special use airspace over an area
described in paragraph (1); or
(B) any military flight training or transportation over
such an area.
(g) Sense of Congress.--It is the sense of Congress that
military aviation training on Federal public lands in
Colorado, including the training conducted at the High-
Altitude Army National Guard Aviation Training Site, is
critical to the national security of the United States and
the readiness of the Armed Forces.
TITLE II--SAN JUAN MOUNTAINS
SEC. 6201. DEFINITIONS.
In this title:
(1) Covered land.--The term ``covered land'' means--
(A) land designated as wilderness under paragraphs (27)
through (29) of section 2(a) of the Colorado Wilderness Act
of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as added by
section 6202); and
(B) a Special Management Area.
(2) Secretary.--The term ``Secretary'' means the Secretary
of Agriculture.
(3) Special management area.--The term ``Special Management
Area'' means each of--
(A) the Sheep Mountain Special Management Area designated
by section 6203(a)(1); and
(B) the Liberty Bell East Special Management Area
designated by section 6203(a)(2).
SEC. 6202. ADDITIONS TO NATIONAL WILDERNESS PRESERVATION
SYSTEM.
Section 2(a) of the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77) (as amended by section
6102(a)(2)) is amended by adding at the end the following:
``(27) Lizard head wilderness addition.--Certain Federal
land in the Grand Mesa, Uncompahgre, and Gunnison National
Forests comprising approximately 3,141 acres, as generally
depicted on the map entitled `Proposed Wilson, Sunshine,
Black Face and San Bernardo Additions to the Lizard Head
Wilderness' and dated September 6, 2018, which is
incorporated in, and shall be administered as part of, the
Lizard Head Wilderness.
``(28) Mount sneffels wilderness additions.--
``(A) Liberty bell and last dollar additions.--Certain
Federal land in the Grand Mesa, Uncompahgre, and Gunnison
National Forests comprising approximately 7,235 acres, as
generally depicted on the map entitled `Proposed Liberty Bell
and Last Dollar Additions to the Mt. Sneffels Wilderness,
Liberty Bell East Special Management Area' and dated
September 6, 2018, which is incorporated in, and shall be
administered as part of, the Mount Sneffels Wilderness.
``(B) Whitehouse additions.--Certain Federal land in the
Grand Mesa, Uncompahgre, and Gunnison National Forests
comprising approximately 12,465 acres, as generally depicted
on the map entitled `Proposed Whitehouse Additions to the Mt.
Sneffels Wilderness' and dated September 6, 2018, which is
incorporated in, and shall be administered as part of, the
Mount Sneffels Wilderness.
``(29) Mckenna peak wilderness.--Certain Federal land in
the State of Colorado comprising approximately 8,884 acres of
Bureau of Land Management land, as generally depicted on the
map entitled `Proposed McKenna Peak Wilderness Area' and
dated September 18, 2018, to be known as the `McKenna Peak
Wilderness'.''.
SEC. 6203. SPECIAL MANAGEMENT AREAS.
(a) Designation.--
(1) Sheep mountain special management area.--The Federal
land in the Grand Mesa, Uncompahgre, and Gunnison and San
Juan National Forests in the State comprising approximately
21,663 acres, as generally depicted on the map entitled
``Proposed Sheep Mountain Special Management Area'' and dated
September 19, 2018, is designated as the ``Sheep Mountain
Special Management Area''.
(2) Liberty bell east special management area.--The Federal
land in the Grand Mesa, Uncompahgre, and Gunnison National
Forests in the State comprising approximately 792 acres, as
generally depicted on the map entitled ``Proposed Liberty
Bell and Last Dollar Additions to the Mt. Sneffels
Wilderness, Liberty Bell East Special Management Area'' and
dated September 6, 2018, is designated as the ``Liberty Bell
East Special Management Area''.
(b) Purpose.--The purpose of the Special Management Areas
is to conserve and protect for the benefit and enjoyment of
present and future generations the geological, cultural,
archaeological, paleontological, natural, scientific,
recreational, wilderness, wildlife, riparian, historical,
educational, and scenic resources of the Special Management
Areas.
(c) Management.--
(1) In general.--The Secretary shall manage the Special
Management Areas in a manner that--
(A) conserves, protects, and enhances the resources and
values of the Special Management Areas described in
subsection (b);
(B) subject to paragraph (3), maintains or improves the
wilderness character of the Special Management Areas and the
suitability of the Special Management Areas for potential
inclusion in the National Wilderness Preservation System; and
(C) is in accordance with--
(i) the National Forest Management Act of 1976 (16 U.S.C.
1600 et seq.);
(ii) this title; and
(iii) any other applicable laws.
(2) Prohibitions.--The following shall be prohibited in the
Special Management Areas:
(A) Permanent roads.
(B) Except as necessary to meet the minimum requirements
for the administration of the Federal land, to provide access
for abandoned mine cleanup, and to protect public health and
safety--
(i) the use of motor vehicles, motorized equipment, or
mechanical transport (other than as provided in paragraph
(3)); and
(ii) the establishment of temporary roads.
(3) Authorized activities.--
(A) In general.--The Secretary may allow any activities
(including helicopter access for recreation and maintenance
and the competitive running event permitted since 1992) that
have been authorized by permit or license as of the date of
enactment of this Act to continue within the Special
Management Areas, subject to such terms and conditions as the
Secretary may require.
(B) Permitting.--The designation of the Special Management
Areas by subsection (a) shall not affect the issuance of
permits relating to the activities covered under subparagraph
(A) after the date of enactment of this Act.
(C) Bicycles.--The Secretary may permit the use of bicycles
in--
(i) the portion of the Sheep Mountain Special Management
Area identified as ``Ophir Valley Area'' on the map entitled
``Proposed Sheep Mountain Special Management Area'' and dated
September 19, 2018; and
(ii) the portion of the Liberty Bell East Special
Management Area identified as ``Liberty Bell Corridor'' on
the map entitled ``Proposed Liberty Bell and Last Dollar
Additions to the Mt. Sneffels Wilderness, Liberty Bell East
Special Management Area'' and dated September 6, 2018.
(d) Applicable Law.--Water and water rights in the Special
Management Areas shall be administered in accordance with
section 8 of the Colorado Wilderness Act of 1993 (Public Law
103-77; 107 Stat. 762), except that, for purposes of this
division--
(1) any reference contained in that section to ``the lands
designated as wilderness by this Act'', ``the Piedra,
Roubideau, and Tabeguache areas identified in section 9 of
this Act, or the Bowen Gulch Protection Area or the Fossil
Ridge Recreation Management Area identified in sections 5 and
6 of this Act'', or ``the areas described in sections 2, 5,
6, and 9 of this Act'' shall be considered to be a reference
to ``the Special Management Areas''; and
(2) any reference contained in that section to ``this Act''
shall be considered to be a reference to ``the Colorado
Outdoor Recreation and Economy Act''.
SEC. 6204. RELEASE OF WILDERNESS STUDY AREAS.
(a) Dominguez Canyon Wilderness Study Area.--Subtitle E of
title II of Public Law 111-11 is amended--
(1) by redesignating section 2408 (16 U.S.C. 460zzz-7) as
section 2409; and
[[Page H3368]]
(2) by inserting after section 2407 (16 U.S.C. 460zzz-6)
the following:
``SEC. 2408. RELEASE.
``(a) In General.--Congress finds that, for the purposes of
section 603(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782(c)), the portions of the Dominguez
Canyon Wilderness Study Area not designated as wilderness by
this subtitle have been adequately studied for wilderness
designation.
``(b) Release.--Any public land referred to in subsection
(a) that is not designated as wilderness by this subtitle--
``(1) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
``(2) shall be managed in accordance with this subtitle and
any other applicable laws.''.
(b) Mckenna Peak Wilderness Study Area.--
(1) In general.--Congress finds that, for the purposes of
section 603(c) of the Federal Land Policy and Management Act
of 1976 (43 U.S.C. 1782(c)), the portions of the McKenna Peak
Wilderness Study Area in San Miguel County in the State not
designated as wilderness by paragraph (29) of section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) (as added by section 6202) have been
adequately studied for wilderness designation.
(2) Release.--Any public land referred to in paragraph (1)
that is not designated as wilderness by paragraph (29) of
section 2(a) of the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77) (as added by section
6202)--
(A) is no longer subject to section 603(c) of the Federal
Land Policy and Management Act of 1976 (43 U.S.C. 1782(c));
and
(B) shall be managed in accordance with applicable laws.
SEC. 6205. ADMINISTRATIVE PROVISIONS.
(a) Fish and Wildlife.--Nothing in this title affects the
jurisdiction or responsibility of the State with respect to
fish and wildlife in the State.
(b) No Buffer Zones.--
(1) In general.--Nothing in this title establishes a
protective perimeter or buffer zone around covered land.
(2) Activities outside wilderness.--The fact that a
nonwilderness activity or use on land outside of the covered
land can be seen or heard from within covered land shall not
preclude the activity or use outside the boundary of the
covered land.
(c) Maps and Legal Descriptions.--
(1) In general.--As soon as practicable after the date of
enactment of this Act, the Secretary or the Secretary of the
Interior, as appropriate, shall file a map and a legal
description of each wilderness area designated by paragraphs
(27) through (29) of section 2(a) of the Colorado Wilderness
Act of 1993 (16 U.S.C. 1132 note; Public Law 103-77) (as
added by section 6202) and the Special Management Areas
with--
(A) the Committee on Natural Resources of the House of
Representatives; and
(B) the Committee on Energy and Natural Resources of the
Senate.
(2) Force of law.--Each map and legal description filed
under paragraph (1) shall have the same force and effect as
if included in this title, except that the Secretary or the
Secretary of the Interior, as appropriate, may correct any
typographical errors in the maps and legal descriptions.
(3) Public availability.--Each map and legal description
filed under paragraph (1) shall be on file and available for
public inspection in the appropriate offices of the Bureau of
Land Management and the Forest Service.
(d) Acquisition of Land.--
(1) In general.--The Secretary or the Secretary of the
Interior, as appropriate, may acquire any land or interest in
land within the boundaries of a Special Management Area or
the wilderness designated under paragraphs (27) through (29)
of section 2(a) of the Colorado Wilderness Act of 1993 (16
U.S.C. 1132 note; Public Law 103-77) (as added by section
6202) only through exchange, donation, or purchase from a
willing seller.
(2) Management.--Any land or interest in land acquired
under paragraph (1) shall be incorporated into, and
administered as a part of, the wilderness or Special
Management Area in which the land or interest in land is
located.
(e) Grazing.--The grazing of livestock on covered land, if
established before the date of enactment of this Act, shall
be permitted to continue subject to such reasonable
regulations as are considered to be necessary by the
Secretary with jurisdiction over the covered land, in
accordance with--
(1) section 4(d)(4) of the Wilderness Act (16 U.S.C.
1133(d)(4)); and
(2) the applicable guidelines set forth in Appendix A of
the report of the Committee on Interior and Insular Affairs
of the House of Representatives accompanying H.R. 2570 of the
101st Congress (H. Rept. 101-405) or H.R. 5487 of the 96th
Congress (H. Rept. 96-617).
(f) Fire, Insects, and Diseases.--In accordance with
section 4(d)(1) of the Wilderness Act (16 U.S.C. 1133(d)(1)),
the Secretary with jurisdiction over a wilderness area
designated by paragraphs (27) through (29) of section 2(a) of
the Colorado Wilderness Act of 1993 (16 U.S.C. 1132 note;
Public Law 103-77) (as added by section 6202) may carry out
any activity in the wilderness area that the Secretary
determines to be necessary for the control of fire, insects,
and diseases, subject to such terms and conditions as the
Secretary determines to be appropriate.
(g) Withdrawal.--Subject to valid rights in existence on
the date of enactment of this Act, the covered land and the
approximately 6,590 acres generally depicted on the map
entitled ``Proposed Naturita Canyon Mineral Withdrawal Area''
and dated September 6, 2018, is withdrawn from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
TITLE III--THOMPSON DIVIDE
SEC. 6301. PURPOSES.
The purposes of this title are--
(1) subject to valid existing rights, to withdraw certain
Federal land in the Thompson Divide area from mineral and
other disposal laws; and
(2) to promote the capture of fugitive methane emissions
that would otherwise be emitted into the atmosphere--
(A) to reduce methane gas emissions; and
(B) to provide--
(i) new renewable electricity supplies and other beneficial
uses of fugitive methane emissions; and
(ii) increased royalties for taxpayers.
SEC. 6302. DEFINITIONS.
In this title:
(1) Fugitive methane emissions.--The term ``fugitive
methane emissions'' means methane gas from those Federal
lands in Garfield, Gunnison, Delta, or Pitkin County in the
State generally depicted on the pilot program map as
``Fugitive Coal Mine Methane Use Pilot Program Area'' that
would leak or be vented into the atmosphere from an active,
inactive or abandoned underground coal mine.
(2) Pilot program.--The term ``pilot program'' means the
Greater Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program established by section 6305(a)(1).
(3) Pilot program map.--The term ``pilot program map''
means the map entitled ``Greater Thompson Divide Fugitive
Coal Mine Methane Use Pilot Program Area'' and dated June 17,
2019.
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
(5) Thompson divide lease.--
(A) In general.--The term ``Thompson Divide lease'' means
any oil or gas lease in effect on the date of enactment of
this Act within the Thompson Divide Withdrawal and Protection
Area.
(B) Exclusions.--The term ``Thompson Divide lease'' does
not include any oil or gas lease that--
(i) is associated with a Wolf Creek Storage Field
development right; or
(ii) before the date of enactment of this Act, has expired,
been cancelled, or otherwise terminated.
(6) Thompson divide map.--The term ``Thompson Divide map''
means the map entitled ``Greater Thompson Divide Area Map''
and dated June 13, 2019.
(7) Thompson divide withdrawal and protection area.--The
term ``Thompson Divide Withdrawal and Protection Area'' means
the Federal land and minerals generally depicted on the
Thompson Divide map as the ``Thompson Divide Withdrawal and
Protection Area''.
(8) Wolf creek storage field development right.--
(A) In general.--The term ``Wolf Creek Storage Field
development right'' means a development right for any of the
Federal mineral leases numbered COC 007496, COC 007497, COC
007498, COC 007499, COC 007500, COC 007538, COC 008128, COC
015373, COC 0128018, COC 051645, and COC 051646, and
generally depicted on the Thompson Divide map as ``Wolf Creek
Storage Agreement''.
(B) Exclusions.--The term ``Wolf Creek Storage Field
development right'' does not include any storage right or
related activity within the area described in subparagraph
(A).
SEC. 6303. THOMPSON DIVIDE WITHDRAWAL AND PROTECTION AREA.
(a) Withdrawal.--Subject to valid existing rights, the
Thompson Divide Withdrawal and Protection Area is withdrawn
from--
(1) entry, appropriation, and disposal under the public
land laws;
(2) location, entry, and patent under the mining laws; and
(3) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(b) Surveys.--The exact acreage and legal description of
the Thompson Divide Withdrawal and Protection Area shall be
determined by surveys approved by the Secretary, in
consultation with the Secretary of Agriculture.
(c) Grazing.--The grazing of livestock on covered land, if
established before the date of enactment of this Act, shall
be allowed to continue subject to such reasonable regulations
as are considered to be necessary by the Secretary with
jurisdiction over the covered land.
SEC. 6304. THOMPSON DIVIDE LEASE EXCHANGE.
(a) In General.--In exchange for the relinquishment by a
leaseholder of all Thompson Divide leases of the leaseholder,
the Secretary may issue to the leaseholder credits for any
bid, royalty, or rental payment due under any Federal oil or
gas lease on Federal land in the State, in accordance with
subsection (b).
(b) Amount of Credits.--
(1) In general.--Subject to paragraph (2), the amount of
the credits issued to a leaseholder of a Thompson Divide
lease relinquished under subsection (a) shall--
[[Page H3369]]
(A) be equal to the sum of--
(i) the amount of the bonus bids paid for the applicable
Thompson Divide leases;
(ii) the amount of any rental paid for the applicable
Thompson Divide leases as of the date on which the
leaseholder submits to the Secretary a notice of the decision
to relinquish the applicable Thompson Divide leases; and
(iii) the amount of any expenses incurred by the
leaseholder of the applicable Thompson Divide leases in the
preparation of any drilling permit, sundry notice, or other
related submission in support of the development of the
applicable Thompson Divide leases as of January 28, 2019,
including any expenses relating to the preparation of any
analysis under the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.); and
(B) require the approval of the Secretary.
(2) Exclusion.--The amount of a credit issued under
subsection (a) shall not include any expenses paid by the
leaseholder of a Thompson Divide lease for legal fees or
related expenses for legal work with respect to a Thompson
Divide lease.
(c) Cancellation.--Effective on relinquishment under this
section, and without any additional action by the Secretary,
a Thompson Divide lease--
(1) shall be permanently cancelled; and
(2) shall not be reissued.
(d) Conditions.--
(1) Applicable law.--Except as otherwise provided in this
section, each exchange under this section shall be conducted
in accordance with--
(A) this division; and
(B) other applicable laws (including regulations).
(2) Acceptance of credits.--The Secretary may, subject to
appropriations, accept credits issued under subsection (a) in
the same manner as cash for the payments described in that
subsection.
(3) Applicability.--The use of a credit issued under
subsection (a) shall be subject to the laws (including
regulations) applicable to the payments described in that
subsection, to the extent that the laws are consistent with
this section.
(4) Treatment of credits.--Subject to appropriations, all
amounts in the form of credits issued under subsection (a)
accepted by the Secretary shall be considered to be amounts
received for the purposes of--
(A) section 35 of the Mineral Leasing Act (30 U.S.C. 191);
and
(B) section 20 of the Geothermal Steam Act of 1970 (30
U.S.C. 1019).
(e) Wolf Creek Storage Field Development Rights.--
(1) Conveyance to secretary.--As a condition precedent to
the relinquishment of a Thompson Divide lease, any
leaseholder with a Wolf Creek Storage Field development right
shall permanently relinquish, transfer, and otherwise convey
to the Secretary, in a form acceptable to the Secretary, all
Wolf Creek Storage Field development rights of the
leaseholder.
(2) Limitation of transfer.--An interest acquired by the
Secretary under paragraph (1)--
(A) shall be held in perpetuity; and
(B) shall not be--
(i) transferred;
(ii) reissued; or
(iii) otherwise used for mineral extraction.
SEC. 6305. GREATER THOMPSON DIVIDE FUGITIVE COAL MINE METHANE
USE PILOT PROGRAM.
(a) Fugitive Coal Mine Methane Use Pilot Program.--
(1) Establishment.--There is established in the Bureau of
Land Management a pilot program, to be known as the ``Greater
Thompson Divide Fugitive Coal Mine Methane Use Pilot
Program''.
(2) Purpose.--The purpose of the pilot program is to
promote the capture, beneficial use, mitigation, and
sequestration of fugitive methane emissions--
(A) to reduce methane emissions;
(B) to promote economic development;
(C) to produce bid and royalty revenues;
(D) to improve air quality; and
(E) to improve public safety.
(3) Plan.--
(A) In general.--Not later than 180 days after the date of
enactment of this Act, the Secretary shall develop a plan--
(i) to complete an inventory of fugitive methane emissions
in accordance with subsection (b);
(ii) to provide for the leasing of fugitive methane
emissions in accordance with subsection (c); and
(iii) to provide for the capping or destruction of fugitive
methane emissions in accordance with subsection (d).
(B) Coordination.--In developing the plan under this
paragraph, the Secretary shall coordinate with--
(i) the State;
(ii) Garfield, Gunnison, Delta, and Pitkin Counties in the
State;
(iii) lessees of Federal coal within the counties referred
to in clause (ii);
(iv) interested institutions of higher education in the
State; and
(v) interested members of the public.
(b) Fugitive Methane Emission Inventory.--
(1) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall complete an
inventory of fugitive methane emissions.
(2) Conduct.--The Secretary may conduct the inventory under
paragraph (1) through, or in collaboration with--
(A) the Bureau of Land Management;
(B) the United States Geological Survey;
(C) the Environmental Protection Agency;
(D) the United States Forest Service;
(E) State departments or agencies;
(F) Garfield, Gunnison, Delta, or Pitkin County in the
State;
(G) the Garfield County Federal Mineral Lease District;
(H) institutions of higher education in the State;
(I) lessees of Federal coal within a county referred to in
subparagraph (F);
(J) the National Oceanic and Atmospheric Administration;
(K) the National Center for Atmospheric Research; or
(L) other interested entities, including members of the
public.
(3) Contents.--The inventory under paragraph (1) shall
include--
(A) the general location and geographic coordinates of each
vent, seep, or other source producing significant fugitive
methane emissions;
(B) an estimate of the volume and concentration of fugitive
methane emissions from each source of significant fugitive
methane emissions including details of measurements taken and
the basis for that emissions estimate;
(C) an estimate of the total volume of fugitive methane
emissions each year;
(D) relevant data and other information available from--
(i) the Environmental Protection Agency;
(ii) the Mine Safety and Health Administration;
(iii) Colorado Department of Natural Resources;
(iv) Colorado Public Utility Commission;
(v) Colorado Department of Health and Environment; and
(vi) Office of Surface Mining Reclamation and Enforcement;
and
(E) such other information as may be useful in advancing
the purposes of the pilot program.
(4) Public participation; disclosure.--
(A) Public participation.--The Secretary shall provide
opportunities for public participation in the inventory under
this subsection.
(B) Availability.--The Secretary shall make the inventory
under this subsection publicly available.
(C) Disclosure.--Nothing in this subsection requires the
Secretary to publicly release information that--
(i) poses a threat to public safety;
(ii) is confidential business information; or
(iii) is otherwise protected from public disclosure.
(5) Use.--The Secretary shall use the inventory in carrying
out--
(A) the leasing program under subsection (c); and
(B) the capping or destruction of fugitive methane
emissions under subsection (d).
(c) Fugitive Methane Emission Leasing Program.--
(1) In general.--Subject to valid existing rights and in
accordance with this section, not later than 1 year after the
date of completion of the inventory required under subsection
(b), the Secretary shall carry out a program to encourage the
use and destruction of fugitive methane emissions.
(2) Fugitive methane emissions from coal mines subject to
lease.--
(A) In general.--The Secretary shall authorize the holder
of a valid existing Federal coal lease for a mine that is
producing fugitive methane emissions to capture for use, or
destroy by flaring, the fugitive methane emissions.
(B) Conditions.--The authority under subparagraph (A) shall
be--
(i) subject to valid existing rights; and
(ii) subject to such terms and conditions as the Secretary
may require.
(C) Limitations.--The program carried out under paragraph
(1) shall only include fugitive methane emissions that can be
captured for use, or destroyed by flaring, in a manner that
does not--
(i) endanger the safety of any coal mine worker; or
(ii) unreasonably interfere with any ongoing operation at a
coal mine.
(D) Cooperation.--
(i) In general.--The Secretary shall work cooperatively
with the holders of valid existing Federal coal leases for
mines that produce fugitive methane emissions to encourage--
(I) the capture of fugitive methane emissions for
beneficial use, such as generating electrical power,
producing usable heat, transporting the methane to market,
transforming the fugitive methane emissions into a different
marketable material; or
(II) if the beneficial use of the fugitive methane
emissions is not feasible, the destruction of the fugitive
methane emissions by flaring.
(ii) Guidance.--In furtherance of the purposes of this
paragraph, not later than 1 year after the date of enactment
of this Act, the Secretary shall issue guidance for the
implementation of Federal authorities and programs to
encourage the capture for use, or destruction by flaring, of
fugitive methane emissions while minimizing impacts on
natural resources or other public interest values.
(E) Royalties.--The Secretary shall determine whether any
fugitive methane emissions used or destroyed pursuant to this
paragraph are subject to the payment of a royalty under
applicable law.
[[Page H3370]]
(3) Fugitive methane emissions from abandoned coal mines.--
(A) In general.--Except as otherwise provided in this
section, notwithstanding section 6303, subject to valid
existing rights, and in accordance with section 21 of the
Mineral Leasing Act (30 U.S.C. 241) and any other applicable
law, the Secretary shall--
(i) authorize the capture for use, or destruction by
flaring, of fugitive methane emissions from abandoned coal
mines on Federal land; and
(ii) make available for leasing such fugitive methane
emissions from abandoned coal mines on Federal land as the
Secretary considers to be in the public interest.
(B) Source.--To the maximum extent practicable, the
Secretary shall offer for lease each significant vent, seep,
or other source of fugitive methane emissions from abandoned
coal mines.
(C) Bid qualifications.--A bid to lease fugitive methane
emissions under this paragraph shall specify whether the
prospective lessee intends--
(i) to capture the fugitive methane emissions for
beneficial use, such as generating electrical power,
producing usable heat, transporting the methane to market,
transforming the fugitive methane emissions into a different
marketable material;
(ii) to destroy the fugitive methane emissions by flaring;
or
(iii) to employ a specific combination of--
(I) capturing the fugitive methane emissions for beneficial
use; and
(II) destroying the fugitive methane emission by flaring.
(D) Priority.--
(i) In general.--If there is more than one qualified bid
for a lease under this paragraph, the Secretary shall select
the bid that the Secretary determines is likely to most
significantly advance the public interest.
(ii) Considerations.--In determining the public interest
under clause (i), the Secretary shall take into
consideration--
(I) the size of the overall decrease in the time-integrated
radiative forcing of the fugitive methane emissions;
(II) the impacts to other natural resource values,
including wildlife, water, and air; and
(III) other public interest values, including scenic,
economic, recreation, and cultural values.
(E) Lease form.--
(i) In general.--The Secretary shall develop and provide to
prospective bidders a lease form for leases issued under this
paragraph.
(ii) Due diligence.--The lease form developed under clause
(i) shall include terms and conditions requiring the leased
fugitive methane emissions to be put to beneficial use or
flared by not later than 1 year after the date of issuance of
the lease.
(F) Royalty rate.--The Secretary shall develop a minimum
bid and royalty rate for leases under this paragraph to
advance the purposes of this section, to the maximum extent
practicable.
(d) Sequestration.--If, by not later than 4 years after the
date of enactment of this Act, any significant fugitive
methane emissions from abandoned coal mines on Federal land
are not leased under subsection (c)(3), the Secretary shall,
in accordance with applicable law, take all reasonable
measures--
(1) to cap those fugitive methane emissions at the source
in any case in which the cap will result in the long-term
sequestration of all or a significant portion of the fugitive
methane emissions; or
(2) if sequestration under paragraph (1) is not feasible,
destroy the fugitive methane emissions by flaring.
(e) Report to Congress.--Not later than 4 years after the
date of enactment of this Act the Secretary shall submit to
the Committee on Natural Resources of the House of
Representatives and the Committee on Energy and Natural
Resources of the Senate a report detailing--
(1) the economic and environmental impacts of the pilot
program, including information on increased royalties and
estimates of avoided greenhouse gas emissions; and
(2) any recommendations by the Secretary on whether the
pilot program could be expanded geographically to include
other significant sources of fugitive methane emissions from
coal mines.
SEC. 6306. EFFECT.
Except as expressly provided in this title, nothing in this
title--
(1) expands, diminishes, or impairs any valid existing
mineral leases, mineral interest, or other property rights
wholly or partially within the Thompson Divide Withdrawal and
Protection Area, including access to the leases, interests,
rights, or land in accordance with applicable Federal, State,
and local laws (including regulations);
(2) prevents the capture of methane from any active,
inactive, or abandoned coal mine covered by this title, in
accordance with applicable laws; or
(3) prevents access to, or the development of, any new or
existing coal mine or lease in Delta or Gunnison County in
the State.
TITLE IV--CURECANTI NATIONAL RECREATION AREA
SEC. 6401. DEFINITIONS.
In this title:
(1) Map.--The term ``map'' means the map entitled
``Curecanti National Recreation Area, Proposed Boundary'',
numbered 616/100,485C, and dated August 11, 2016.
(2) National recreation area.--The term ``National
Recreation Area'' means the Curecanti National Recreation
Area established by section 6402(a).
(3) Secretary.--The term ``Secretary'' means the Secretary
of the Interior.
SEC. 6402. CURECANTI NATIONAL RECREATION AREA.
(a) Establishment.--Effective beginning on the earlier of
the date on which the Secretary approves a request under
subsection (c)(2)(B)(i)(I) and the date that is 1 year after
the date of enactment of this Act, there shall be established
as a unit of the National Park System the Curecanti National
Recreation Area, in accordance with this division, consisting
of approximately 50,667 acres of land in the State, as
generally depicted on the map as ``Curecanti National
Recreation Area Proposed Boundary''.
(b) Availability of Map.--The map shall be on file and
available for public inspection in the appropriate offices of
the National Park Service.
(c) Administration.--
(1) In general.--The Secretary shall administer the
National Recreation Area in accordance with--
(A) this title; and
(B) the laws (including regulations) generally applicable
to units of the National Park System, including section
100101(a), chapter 1003, and sections 100751(a), 100752,
100753, and 102101 of title 54, United States Code.
(2) Dam, power plant, and reservoir management and
operations.--
(A) In general.--Nothing in this title affects or
interferes with the authority of the Secretary--
(i) to operate the Uncompahgre Valley Reclamation Project
under the reclamation laws;
(ii) to operate the Wayne N. Aspinall Unit of the Colorado
River Storage Project under the Act of April 11, 1956
(commonly known as the ``Colorado River Storage Project
Act'') (43 U.S.C. 620 et seq.); or
(iii) under the Federal Water Project Recreation Act (16
U.S.C. 460l-12 et seq.).
(B) Reclamation land.--
(i) Submission of request to retain administrative
jurisdiction.--If, before the date that is 1 year after the
date of enactment of this Act, the Commissioner of
Reclamation submits to the Secretary a request for the
Commissioner of Reclamation to retain administrative
jurisdiction over the minimum quantity of land within the
land identified on the map as ``Lands withdrawn or acquired
for Bureau of Reclamation projects'' that the Commissioner of
Reclamation identifies as necessary for the effective
operation of Bureau of Reclamation water facilities, the
Secretary may--
(I) approve, approve with modifications, or disapprove the
request; and
(II) if the request is approved under subclause (I), make
any modifications to the map that are necessary to reflect
that the Commissioner of Reclamation retains management
authority over the minimum quantity of land required to
fulfill the reclamation mission.
(ii) Transfer of land.--
(I) In general.--Administrative jurisdiction over the land
identified on the map as ``Lands withdrawn or acquired for
Bureau of Reclamation projects'', as modified pursuant to
clause (i)(II), if applicable, shall be transferred from the
Commissioner of Reclamation to the Director of the National
Park Service by not later than the date that is 1 year after
the date of enactment of this Act.
(II) Access to transferred land.--
(aa) In general.--Subject to item (bb), the Commissioner of
Reclamation shall retain access to the land transferred to
the Director of the National Park Service under subclause (I)
for reclamation purposes, including for the operation,
maintenance, and expansion or replacement of facilities.
(bb) Memorandum of understanding.--The terms of the access
authorized under item (aa) shall be determined by a
memorandum of understanding entered into between the
Commissioner of Reclamation and the Director of the National
Park Service not later than 1 year after the date of
enactment of this Act.
(3) Management agreements.--
(A) In general.--The Secretary may enter into management
agreements, or modify management agreements in existence on
the date of enactment of this Act, relating to the authority
of the Director of the National Park Service, the
Commissioner of Reclamation, the Director of the Bureau of
Land Management, or the Chief of the Forest Service to manage
Federal land within or adjacent to the boundary of the
National Recreation Area.
(B) State land.--The Secretary may enter into cooperative
management agreements for any land administered by the State
that is within or adjacent to the National Recreation Area,
in accordance with the cooperative management authority under
section 101703 of title 54, United States Code.
(4) Recreational activities.--
(A) Authorization.--Except as provided in subparagraph (B),
the Secretary shall allow boating, boating-related
activities, hunting, and fishing in the National Recreation
Area in accordance with applicable Federal and State laws.
(B) Closures; designated zones.--
(i) In general.--The Secretary, acting through the
Superintendent of the National Recreation Area, may designate
zones in which, and establish periods during which, no
boating, hunting, or fishing shall be permitted in the
National Recreation Area under subparagraph (A) for reasons
of public safety, administration, or compliance with
applicable laws.
[[Page H3371]]
(ii) Consultation required.--Except in the case of an
emergency, any closure proposed by the Secretary under clause
(i) shall not take effect until after the date on which the
Superintendent of the National Recreation Area consults
with--
(I) the appropriate State agency responsible for hunting
and fishing activities; and
(II) the Board of County Commissioners in each county in
which the zone is proposed to be designated.
(5) Landowner assistance.--On the written request of an
individual that owns private land located not more than 3
miles from the boundary of the National Recreation Area, the
Secretary may work in partnership with the individual to
enhance the long-term conservation of natural, cultural,
recreational, and scenic resources in and around the National
Recreation Area--
(A) by acquiring all or a portion of the private land or
interests in private land located not more than 3 miles from
the boundary of the National Recreation Area by purchase,
exchange, or donation, in accordance with section 6403;
(B) by providing technical assistance to the individual,
including cooperative assistance;
(C) through available grant programs; and
(D) by supporting conservation easement opportunities.
(6) Withdrawal.--Subject to valid existing rights, all
Federal land within the National Recreation Area is withdrawn
from--
(A) entry, appropriation, and disposal under the public
land laws;
(B) location, entry, and patent under the mining laws; and
(C) operation of the mineral leasing, mineral materials,
and geothermal leasing laws.
(7) Grazing.--
(A) State land subject to a state grazing lease.--
(i) In general.--If State land acquired under this title is
subject to a State grazing lease in effect on the date of
acquisition, the Secretary shall allow the grazing to
continue for the remainder of the term of the lease, subject
to the related terms and conditions of user agreements,
including permitted stocking rates, grazing fee levels,
access rights, and ownership and use of range improvements.
(ii) Access.--A lessee of State land may continue its use
of established routes within the National Recreation Area to
access State land for purposes of administering the lease if
the use was permitted before the date of enactment of this
Act, subject to such terms and conditions as the Secretary
may require.
(B) State and private land.--The Secretary may, in
accordance with applicable laws, authorize grazing on land
acquired from the State or private landowners under section
6403, if grazing was established before the date of
acquisition.
(C) Private land.--On private land acquired under section
6403 for the National Recreation Area on which authorized
grazing is occurring before the date of enactment of this
Act, the Secretary, in consultation with the lessee, may
allow the continuation and renewal of grazing on the land
based on the terms of acquisition or by agreement between the
Secretary and the lessee, subject to applicable law
(including regulations).
(D) Federal land.--The Secretary shall--
(i) allow, consistent with the grazing leases, uses, and
practices in effect as of the date of enactment of this Act,
the continuation and renewal of grazing on Federal land
located within the boundary of the National Recreation Area
on which grazing is allowed before the date of enactment of
this Act, unless the Secretary determines that grazing on the
Federal land would present unacceptable impacts (as defined
in section 1.4.7.1 of the National Park Service document
entitled ``Management Policies 2006: The Guide to Managing
the National Park System'') to the natural, cultural,
recreational, and scenic resource values and the character of
the land within the National Recreation Area; and
(ii) retain all authorities to manage grazing in the
National Recreation Area.
(E) Termination of leases.--Within the National Recreation
Area, the Secretary may--
(i) accept the voluntary termination of a lease or permit
for grazing; or
(ii) in the case of a lease or permit vacated for a period
of 3 or more years, terminate the lease or permit.
(8) Water rights.--Nothing in this title--
(A) affects any use or allocation in existence on the date
of enactment of this Act of any water, water right, or
interest in water;
(B) affects any vested absolute or decreed conditional
water right in existence on the date of enactment of this
Act, including any water right held by the United States;
(C) affects any interstate water compact in existence on
the date of enactment of this Act;
(D) authorizes or imposes any new reserved Federal water
right;
(E) shall be considered to be a relinquishment or reduction
of any water right reserved or appropriated by the United
States in the State on or before the date of enactment of
this Act; or
(F) constitutes an express or implied Federal reservation
of any water or water rights with respect to the National
Recreation area.
(9) Fishing easements.--
(A) In general.--Nothing in this title diminishes or alters
the fish and wildlife program for the Aspinall Unit developed
under section 8 of the Act of April 11, 1956 (commonly known
as the ``Colorado River Storage Project Act'') (70 Stat. 110,
chapter 203; 43 U.S.C. 620g), by the United States Fish and
Wildlife Service, the Bureau of Reclamation, and the Colorado
Division of Wildlife (including any successor in interest to
that division) that provides for the acquisition of public
access fishing easements as mitigation for the Aspinall Unit
(referred to in this paragraph as the ``program'').
(B) Acquisition of fishing easements.--The Secretary shall
continue to fulfill the obligation of the Secretary under the
program to acquire 26 miles of class 1 public fishing
easements to provide to sportsmen access for fishing within
the Upper Gunnison Basin upstream of the Aspinall Unit,
subject to the condition that no existing fishing access
downstream of the Aspinall Unit shall be counted toward the
minimum mileage requirement under the program.
(C) Plan.--Not later than 1 year after the date of
enactment of this Act, the Secretary shall--
(i) develop a plan for fulfilling the obligation of the
Secretary described in subparagraph (B); and
(ii) submit to Congress a report that--
(I) includes the plan developed under clause (i); and
(II) describes any progress made in the acquisition of
public access fishing easements as mitigation for the
Aspinall Unit under the program.
SEC. 6403. ACQUISITION OF LAND; BOUNDARY MANAGEMENT.
(a) Acquisition.--
(1) In general.--The Secretary may acquire any land or
interest in land within the boundary of the National
Recreation Area.
(2) Manner of acquisition.--
(A) In general.--Subject to subparagraph (B), land
described in paragraph (1) may be acquired under this
subsection by--
(i) donation;
(ii) purchase from willing sellers with donated or
appropriated funds;
(iii) transfer from another Federal agency; or
(iv) exchange.
(B) State land.--Land or interests in land owned by the
State or a political subdivision of the State may only be
acquired by purchase, donation, or exchange.
(b) Transfer of Administrative Jurisdiction.--
(1) Forest service land.--
(A) In general.--Administrative jurisdiction over the
approximately 2,560 acres of land identified on the map as
``U.S. Forest Service proposed transfer to the National Park
Service'' is transferred to the Secretary, to be administered
by the Director of the National Park Service as part of the
National Recreation Area.
(B) Boundary adjustment.--The boundary of the Gunnison
National Forest shall be adjusted to exclude the land
transferred to the Secretary under subparagraph (A).
(2) Bureau of land management land.--Administrative
jurisdiction over the approximately 5,040 acres of land
identified on the map as ``Bureau of Land Management proposed
transfer to National Park Service'' is transferred from the
Director of the Bureau of Land Management to the Director of
the National Park Service, to be administered as part of the
National Recreation Area.
(3) Withdrawal.--Administrative jurisdiction over the land
identified on the map as ``Proposed for transfer to the
Bureau of Land Management, subject to the revocation of
Bureau of Reclamation withdrawal'' shall be transferred to
the Director of the Bureau of Land Management on
relinquishment of the land by the Bureau of Reclamation and
revocation by the Bureau of Land Management of any withdrawal
as may be necessary.
(c) Potential Land Exchange.--
(1) In general.--The withdrawal for reclamation purposes of
the land identified on the map as ``Potential exchange
lands'' shall be relinquished by the Commissioner of
Reclamation and revoked by the Director of the Bureau of Land
Management and the land shall be transferred to the National
Park Service.
(2) Exchange; inclusion in national recreation area.--On
transfer of the land described in paragraph (1), the
transferred land--
(A) may be exchanged by the Secretary for private land
described in section 6402(c)(5)--
(i) subject to a conservation easement remaining on the
transferred land, to protect the scenic resources of the
transferred land; and
(ii) in accordance with the laws (including regulations)
and policies governing National Park Service land exchanges;
and
(B) if not exchanged under subparagraph (A), shall be added
to, and managed as a part of, the National Recreation Area.
(d) Addition to National Recreation Area.--Any land within
the boundary of the National Recreation Area that is acquired
by the United States shall be added to, and managed as a part
of, the National Recreation Area.
SEC. 6404. GENERAL MANAGEMENT PLAN.
Not later than 3 years after the date on which funds are
made available to carry out this title, the Director of the
National Park Service, in consultation with the Commissioner
of Reclamation, shall prepare a general management plan for
the National Recreation Area in accordance with section
100502 of title 54, United States Code.
[[Page H3372]]
SEC. 6405. BOUNDARY SURVEY.
The Secretary (acting through the Director of the National
Park Service) shall prepare a boundary survey and legal
description of the National Recreation Area.
The SPEAKER pro tempore. Pursuant to House Resolution 1053, the
gentleman from Colorado (Mr. Neguse) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Colorado.
Mr. NEGUSE. Mr. Speaker, as I referenced, I stand today in support of
this amendment offered by myself and the distinguished chair of the
House Natural Resources Committee, Chairman Grijalva, which would amend
H.R. 6395 to add the text of two bills that have already passed this
Chamber with bipartisan support, H.R. 823, the Colorado Outdoor
Recreation and Economy Act, or CORE Act, and H.R. 1373, the Grand
Canyon Centennial Protection Act.
Both of these bills are imperative, and this amendment would protect
public lands and preserve our access to clean air and water across the
State of Colorado and Arizona.
My bill in particular, the CORE Act, would protect over 400,000 acres
of public land, including establishing the first-ever national historic
landscape at Camp Hale. This unprecedented designation speaks to the
storied legacy of the Army's 10th Mountain Division in Colorado and
around the world.
It was in the mountains of Colorado in my district that American
soldiers received the training that allowed them to defeat Germans in
the northern Italian Alps, leading our Nation to victory during World
War II.
Today, Camp Hale is home to a network of 34 backcountry huts
connected by 350 miles of trails. Hut visitors share the special spirit
of the 10th Mountain Division in their pursuit of excellence, self-
reliance, and love of the outdoors.
A National Historic Landscape designation ensures that future
generations will be able to learn about the history of the 10th
Mountain Division, appreciate these sacrifices of our servicemembers,
and enjoy outdoor recreation opportunities.
I hope my colleagues will join me in honoring those sacrifices by
supporting this amendment today.
Mr. Speaker, I yield 2 minutes to the gentleman from Arizona (Mr.
Grijalva).
Mr. GRIJALVA. Mr. Speaker, I thank the gentleman for yielding. I
appreciate the time and consideration of amendment No. 8, a combination
of the Grand Canyon Centennial Protection Act and my good friend Joe
Neguse's Colorado Outdoor Recreation and Economy Act.
These bills have already passed the House with bipartisan votes, and
they deserve a place in this year's National Defense Authorization Act.
We have worked hard as a committee, as you noticed from the bills
that were presented today, to try to prioritize conservation and
climate resiliency and protect some very special landscapes.
In addition to supporting a multibillion-dollar recreation economy,
conservation of public land is our first line of defense in responding
to climate change and, in the question of the Grand Canyon, protecting
the water supply for 40 million Americans, businesses, and industry.
In the case of the Grand Canyon, too, ending the toxic legacy of
uranium mining is truly a matter of life and death. Uranium mines
across the Southwest pollute our water and endanger our communities and
our health. Despite constant and empty assurances and promises,
hundreds of these sites are still waiting to be cleaned up,
particularly those mines that impact Tribal communities.
Opponents of this amendment claim that the permanent protections in
the Grand Canyon will impact our national security. This is a patent
falsehood and distraction. The Grand Canyon region holds less than 1
percent of known U.S. uranium reserves, hardly an abundance and hardly
an amount we cannot find elsewhere.
The Department of Energy reported to Congress that they have enough
uranium stockpiled to meet all critical uranium needs, including
weapons, maintenance, Naval propulsion, and mutual defense obligations,
through 2060.
Unfortunately, despite there being no reason to mine the national
treasure, the temporary protections put in place by the previous
administration are under attack by this administration and his industry
cronies. This is not about the bottom line of some foreign mining
company. This is about American lives, and we should not sacrifice the
Grand Canyon as expendable or a price of doing business.
Mr. Speaker, I urge adoption of the amendment.
Mr. GOSAR. Mr. Speaker, I claim the time in opposition to the
amendment.
The SPEAKER pro tempore. The gentleman from Arizona is recognized for
5 minutes.
Mr. GOSAR. Mr. Speaker, I yield myself such time as I may consume.
Mr. Speaker, I feel like I am in the movie ``Groundhog Day.'' My
colleagues on the other side of the aisle are repeating one of their
famous mantras, ``Not this mine, not this place,'' their standard
refrain because they do not support any mining anywhere.
This amendment is nothing short of a full-scale attack on the
livelihoods of many of my constituents. It sets back our Nation's
national security and strengthens Putin's Russia. This amendment
imposes a million-acre land grab permanently banning mining in an area
nearly the size of Delaware. However, none of this land is in the
district of the sponsor of this amendment, Mr. Speaker.
My colleagues falsely frame this amendment as an effort to protect
the Grand Canyon, which is, of course, completely disingenuous. No one
wants to mine within the Grand Canyon. This entire area is miles away
from the boundaries of the buffer around the Grand Canyon National
Park.
{time} 1600
Bipartisan negotiations led to the Arizona Wilderness Act in 1984,
which set aside this area for multiple-use activities, including
mining. It placed 387,000 acres of land into the National Wilderness
Preservation System in exchange for leaving 540,000 acres for multiple
use, which now makes up a large portion of this withdrawal.
Estimates show that the passage of this amendment would cost the six
directly affected counties in Arizona and Utah between 2,000 and 4,000
jobs and $29 billion in economic activity. This would completely and
utterly devastate these rural communities.
The area in question is home to the highest grade and largest
quantity of uranium deposits in the country, so this amendment does not
just negatively affect Arizona, it harms the national security of the
entire country.
By passing this amendment, we play right into the hands of Russia,
who along with Kazakhstan and Uzbekistan, are deliberately trying to
corner the global uranium market. China is also joining in the game,
buying up uranium mines in Africa.
Successful uranium mining occurred in the 1980s in this exact area.
These mines were reclaimed so well that you can't even tell where they
once existed. And there was no damage done to the Grand Canyon
watershed--in fact, it may have improved it.
Mr. Speaker, I think this House is slowly becoming fully aware of the
problem we face as a nation when it comes to our reliance on foreign
sources of critical minerals, especially in light of the current
pandemic. In fact, many Democrats are starting to come to the table to
work with us to rectify this problem.
However, there are still many hurdles to cross, like the fact that my
colleagues continue to try to block mining in northern Arizona, much
like they do in northern Minnesota and the Resolution Copper Mine in
the southern part of my district.
There is no question that this amendment will hurt local revenues,
kill jobs, and undermine American energy security. It is opposed by the
people of my district, and, Mr. Speaker, I urge my colleagues to join
me in opposition.
Mr. Speaker, I include in the Record two letters: one being a veto
threat from the administration related to the bill form of this
amendment, H.R. 1373; and the other being a letter from a number of
industry groups opposing this amendment.
[[Page H3373]]
Statement of Administration Policy
H.R. 1373--Grand Canyon Centennial Protection Act--Rep. Grijalva, D-AZ,
and 122 cosponsors
The Administration strongly opposes H.R. 1373, the Grand
Canyon Centennial Protection Act. This bill would permanently
make more than 1 million acres of Federal lands in Arizona
off limits to development and uses that would otherwise be
permissible under Federal laws governing public lands,
mining, mineral, and geothermal leasing. The Administration
opposes such a large, permanent withdrawal, which would
prohibit environmentally responsible development, as
determined through site-specific analysis, of uranium and
other mineral resources.
The United States has an extraordinary abundance of mineral
resources, both onshore and offshore, but this legislation
would restrict our ability to access critical minerals like
uranium in an area known to have them in large supply.
Moreover, the size of the withdrawal included in H.R. 1373 is
inconsistent with the Administration's goal of striking the
appropriate balance for use of public lands described in two
executive orders. This withdrawal would conflict with the
objectives set forth in Executive Order 13783, Promoting
Energy Independence and Economic Growth, and Executive Order
13817, A Federal Strategy to Ensure Secure and Reliable
Supplies of Critical Minerals. Development of our Nation's
mineral resources is essential to ensuring the Nation's
geopolitical security, and this bill would not help us
achieve that goal.
If H.R. 1373 were presented to the President, his advisors
would recommend that he veto it.
____
October 29, 2019.
Hon. Raul Grijalva,
Chairman, House Natural Resources Committee, Washington, DC.
Hon. Rob Bishop,
Ranking Member, House Natural Resources Committee,
Washington, DC.
Dear Chairman Grijalva and Ranking Member Bishop: The
signatories to this letter urge you to vote in opposition to
the ``Grand Canyon Centennial Protection Act'' (H.R. 1373),
an act that fails to acknowledge our nation's alarming
reliance on foreign sources of minerals and would further
weaken the already vulnerable supply chains for key U.S.
industry sectors, including manufacturing, infrastructure,
energy and defense.
Federal lands--predominantly in the western U.S.--are the
source of much of our nation's mineral endowment. Of these
federal lands, half are either off limits or under
restrictions to mineral development. While mining is
certainly not appropriate on all federal lands, maintaining
responsible access to the very resources that drive
innovation, feed economic growth and improve our nation's
quality of life is essential. Given the vast amount of
federal lands already closed to mining operations, caution
should be exercised when determining whether additional lands
should be placed off limits.
H.R. 1373 targets over a million acres of mineral rich
lands, including world-class uranium ore deposits that are
located well beyond the boundaries of the Grand Canyon
National Park. The park as created already includes a built-
in buffer zone to protect park resources from activities
taking place outside the park boundaries and an additional
million-acre buffer zone is not justified. H.R. 1373
deliberately disregards our dangerous dependence on countries
like Russia, Kazakhstan, Uzbekistan, and Niger to meet our
nation's need for uranium to fuel our nuclear Navy and supply
20 percent of our nation's electricity.
Furthermore, H.R. 1373 ignores not only the comprehensive
framework of federal, state and local environmental
regulations that govern every aspect of mining but the
findings of the Department of the Interior that the park was
not at risk from mining given these existing protections.
This unwise and unwarranted mineral withdrawal is bad public
policy that ignores the vast sectors of our economy that
depend upon a reliable and secure supply chain of minerals
and metals. Access to our nation's vast and diverse resources
and fair regulatory policies that promote certainty in the
mine permitting process are the elements of sound public
policy that should be considered when addressing resource
development on federal lands. We urge you to vote against
this misguided bill and support policies that promote
responsible resource development.
Sincerely,
American Exploration & Mining Association.
Arizona Chamber of Commerce & Industry.
Arizona Mining Association.
National Mining Association.
Wyoming Mining Association.
Mr. GOSAR. Mr. Speaker, I yield 1\1/2\ minutes to the gentleman from
Colorado (Mr. Tipton).
Mr. TIPTON. Mr. Speaker, I thank the gentleman, my colleague, for
yielding.
Mr. Speaker, I strongly oppose the amendment from my good friend from
Colorado.
Like amendments that have come before this, this amendment will do
the exact opposite of what we are trying to be able to accomplish here
today, which is develop a bill to support and strengthen the national
defense.
My colleague's amendment has the potential to threaten high-altitude
military aviation training that is critical to the readiness of our
armed services and to the national security interests of the U.S.
Additionally, it would make the United States even more reliant on
China for critical and strategic minerals.
Our goal is to be able to enact policies that support readiness and
sustainable and secure supply chains for critical minerals. This
amendment is in direct conflict with those goals.
High-altitude military aviation training is critical to the readiness
of our armed services and to the national security of the United
States.
My colleagues have stated that they want to be able to safeguard
HAATS. In my conversations with DOD, it said it would look forward to
DOD flight guidance with regards to how to operate under the language.
And while I appreciate DOD's guidance, we all know too well that
regulatory changes do not provide certainty. That is why I have
submitted an amendment to codify the safe transit exception for
military aircraft flying over the wilderness areas and mountain
regions. Unfortunately, my friends in the majority did not rule that
amendment in order, and we will not have the opportunity to be able to
vote on safe transit.
We need to be focusing on the security of the United States not only
in terms of critical minerals, but also making sure that our military
has the appropriate tools to be able to carry out their missions safely
in terms of the guidance that we are providing. This amendment does not
achieve that goal. It will not help support the NDAA.
Mr. GOSAR. Mr. Speaker, I reserve the balance of my time.
Mr. NEGUSE. Mr. Speaker, I inquire as to how much time remains.
The SPEAKER pro tempore. The gentleman from Colorado has 1\1/2\
minutes remaining.
Mr. NEGUSE. Mr. Speaker, while I disagree with my colleague, Mr.
Tipton, on this particular issue, I do appreciate his friendship and
his service to the House for many years.
I would just offer three closing arguments.
First, for those who argue that these public land measures should not
be attached to the NDAA, there is certainly precedent for these type of
provisions to be included in the NDAA. In fact, the Hermosa Creek
Watershed Protection Act by my colleague from Colorado, my good friend,
was signed into law as a provision of the 2015 NDAA in the 113th
Congress under a Republican-controlled House. So there is ample
precedent.
With respect to the HAATS issue, I would simply note that, in
December of last year, the Department of Defense sent a letter to my
Senate companion sponsor, Senator Michael Bennet, informing him that
the Department had determined that:
The land management designation in H.R. 823, the CORE Act,
should not affect current or future military overflight in
Colorado.
Mr. Speaker, these bills have nothing to do with China or Kazakhstan
and everything to do with protecting crown jewels here in the United
States of America, the Grand Canyon and hundreds of thousands of acres
of wilderness in my home State of Colorado.
Mr. Speaker, I urge my colleagues to support these important public
land designations and support the amendment being considered by the
House.
Mr. Speaker, I yield back the balance of my time.
Mr. GOSAR. Mr. Speaker, once again, this is about the management of
the land. As we stated earlier, the buffer around the Grand Canyon,
this is miles away from this.
And this is about national security. Critical minerals, uranium, they
are very important to the makeup of this country and its energy sector.
We cannot be reliant, and we saw that all too easily displayed in this
COVID crisis. We have to be the purveyors of our future.
Mr. Speaker, I ask everybody to vote against this amendment, and I
yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 1053, the
previous question is ordered on the
[[Page H3374]]
amendment offered by the gentleman from Colorado (Mr. Neguse).
The question is on the amendment.
The question was taken, and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. GOSAR. Mr. Speaker, I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3 of House Resolution
965, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Amendment No. 9 Offered by Mr. Pocan
The SPEAKER pro tempore. It is now in order to consider amendment No.
9 printed in House Report 116-457.
Mr. POCAN. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
At the end of subtitle A of title X, insert the following:
SEC. 10__. REDUCTION IN AMOUNT AUTHORIZED TO BE APPROPRIATED
FOR FISCAL YEAR 2021 BY THIS ACT.
(a) In General.--The amount authorized to be appropriated
for fiscal year 2021 by this Act is the aggregate amount
authorized to be appropriated for fiscal year 2021 by this
Act minus the amount equal to 10 percent of the aggregate
amount.
(b) Allocation.--The reduction made by subsection (a) shall
apply on a pro rata basis among the accounts and funds for
which amounts are authorized to be appropriated by this Act
(other than the Defense Health Program, military personnel,
and persons appointed into the civil service as defined in
section 2101 of title 5, United States Code), and shall be
applied on a pro rata basis across each program, project, and
activity funded by the account or fund concerned.
The SPEAKER pro tempore. Pursuant to House Resolution 1053, the
gentleman from Wisconsin (Mr. Pocan) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentleman from Wisconsin.
Mr. POCAN. Mr. Speaker, if you ask just about anyone, ``What is
America's greatest threat?'' the answer isn't going to be another
country or a political ideology. It is going to be a disease: COVID-19.
And with that answer, people will mention the need of help for the
jobless, the threat to small businesses, problems paying their rent or
mortgage, and the need for healthcare.
What you won't hear will be the need for a Space Force or more nukes
or an overseas slush fund for the Pentagon. You certainly won't hear
about the need for more cost overruns or fraud and abuse from defense
contractors.
But that is exactly what we have. We have increased our military
spending almost 20 percent in the last 4 years at a time of relative
peace, but we have not kept up with our needs like healthcare,
education, and, of course, fighting the coronavirus, yet we spend 90
times more on defense than we do the Centers for Disease Control.
$740 billion for the Pentagon is a lot of money, and too much of it
gets wasted on fraud, cost overruns, and outside contractors. We are
literally flushing money down the drain, and I mean literally.
Due to a design flaw in the new $13 billion Ford-class aircraft
carrier, we are spending $400,000 on specialized acids every time we
have to flush and unclog the toilets. I am not making this up.
Almost every major defense contractor has had to pay fines or
settlements for fraud or misconduct, all while getting about $1
trillion in defense contracts.
We have spent billions on an amphibious vehicle that sinks due to its
own weight, and don't even mention the $10,000 toilet seat covers.
If we cut the defense budget just 10 percent but not our troops, we
free up $74 billion to fight global pandemics like COVID-19 and much
more.
We need to treat the Pentagon like every other department, and that
means with fiscal responsibility. We do that today by trimming 10
percent, $74 billion, to be used, instead, on behalf of the American
people, not bloated defense contracts.
Mr. Speaker, I urge support of my amendment, and I reserve the
balance of my time.
Mr. THORNBERRY. Mr. Speaker, I claim the time in opposition to the
amendment.
The SPEAKER pro tempore. The gentleman from Texas is recognized for 5
minutes.
Mr. THORNBERRY. Mr. Speaker, I yield 1 minute to the gentlewoman from
Wyoming (Ms. Cheney).
Ms. CHENEY. Mr. Speaker, this amendment is a deeply irresponsible
stunt that would have great implications for our national security. It
would return us to days even worse than the days of sequester, a time
in which Secretary of Defense Jim Mattis said:
No foe in the field has done more damage to the U.S. Armed
Forces than the United States Congress has because of
arbitrary across-the-board cuts.
We would, with this amendment, undermine near-term lethality and the
readiness of our troops on air, on land, and at sea.
We are asking our men and women to go into harm's way to defend all
of us, and we must always do that ensuring that they have the absolute
best equipment and resources necessary.
This amendment is a stunt, Mr. Speaker. It would be dangerous. We
have to ensure that the United States of America maintains a military
force that is second to none.
Mr. Speaker, I urge my colleagues to defeat this irresponsible and
reckless amendment.
Mr. POCAN. Mr. Speaker, I yield 1\3/4\ minutes to the gentlewoman
from California (Ms. Lee), my distinguished colleague and colead on
this amendment, and a strong voice for peace and justice.
Ms. LEE of California. Mr. Speaker, I thank Congressman Pocan for
yielding and for his tremendous, bold, and visionary leadership.
As we stand here today, 142,000 people in America are dead from COVID
and millions have suffered from the disease or the economic dislocation
which it has caused.
The Federal response has been weak, it has been late, and it has been
confused. Meanwhile, this House stands poised to pour three-quarters of
a trillion dollars into a defense establishment that is unauditable,
unaccountable, and does little to answer the basic threats to the
safety and welfare of our people.
The Pentagon is the only Federal department that has never passed an
audit, despite this requirement being on the books for 30 years.
It is not hard to find places to cut this budget. The Pentagon could
save almost $58 billion just by eliminating obsolete weapons, weapons
like Cold War-era bombers and missiles designed and built in the last
century that are totally unsuitable for the challenges of this century.
We could find another $18 billion simply by preventing the end-of-
year spending sprees that lead to contract money being shoveled out the
door in September. Congressional Research Service documented these
spending spikes occurring each September as offices at the Pentagon go
on a last-minute spending spree to justify their next-year budget
increases.
We see the tremendous costs of this runaway spending not only in
missing priorities like public health that are left underfunded, but in
a way of thinking that militarizes every problem in our society and
turns peaceful protestors into targets for weapons of war.
Enough. It is time for us to stand up against this madness.
The SPEAKER pro tempore. The time of the gentlewoman has expired.
Mr. POCAN. Mr. Speaker, I yield an additional 10 seconds to the
gentlewoman.
Ms. LEE of California. Mr. Speaker, let me just close by saying these
are modest cuts. They won't compromise our national security and won't
take dollars from our troops, but it will allow us to reinvest in
healthcare, schools, and infrastructure. This amendment will be a first
step in rebalancing our priorities to build a safe, peaceful,
prosperous world at home and abroad.
Mr. Speaker, I urge a ``yes'' vote.
Mr. THORNBERRY. Mr. Speaker, I yield 1 minute to the gentleman from
Ohio (Mr. Turner).
Mr. TURNER. Mr. Speaker, let's just be honest. This amendment does
not do anything for funding for COVID or funding for healthcare. This
is, straight and simple, defund DOD, and that is it.
We have just come off of sequestration where we saw our planes
falling out of the sky during training, where we saw our men and women
in uniform
[[Page H3375]]
working in buildings that we couldn't even repair. At my own base,
Wright-Patterson Air Force Base, they didn't even have enough money to
turn the lights on in buildings that people were working in.
This is not sequestration. This is like sequestration on steroids.
This would be the biggest cut, much more than sequestration ever had.
It actually works out to about a 16 percent cut, not 10 percent,
because of the things that are exempted. So the money doesn't go where
the author says it is going to go to.
It does hurt our national security, and it does hurt our men and
women in uniform. It cuts military housing; it cuts education; it cuts
military family programs; it cuts research and development; but, most
importantly, it cuts training. It goes right to the heart of making it
unsafe once again for our men and women in uniform just to keep our
country safe.
This isn't money down the drain. This is money every day that keeps
us at peace.
{time} 1615
Mr. POCAN. Mr. Speaker, I yield 1 minute to the gentlewoman from
Washington (Ms. Jayapal), the co-chair of the CPC, and my good friend.
Ms. JAYAPAL. Mr. Speaker, I stand in strong support of this amendment
by my fantastic co-chair, Mr. Pocan, and Ms. Lee.
This is critical for us to just do this small step of cutting 10
percent of our Pentagon budget.
Enough is enough. This year's defense budget is 90 times bigger than
the budget for the Centers for Disease Control. Yet, we are nearing 4
million COVID cases and over 141,000 deaths, and this President wants
to add money for defense spending while cutting money for testing. That
is just wrong.
It is a small amount, but it is a start. That $74 billion could mean
childcare for every family. It could mean housing vouchers for every
eligible family. It could mean a $23,000 raise for every public-school
teacher.
So many things that we could do with this money--what we cannot do is
give it away to corrupt defense contractors.
Pass this amendment. Reset our priorities. It is time.
Mr. THORNBERRY. Mr. Speaker, I yield 1 minute to the distinguished
gentleman from Virginia (Mr. Wittman).
Mr. WITTMAN. Mr. Speaker, I am in opposition to this amendment
because it actually creates a structural imbalance, or a structural
deficit, in what we have been doing the last 5 years to rebuild our
military, to regain that lost readiness.
If you exempt personnel accounts and health plans, this actually
turns out to be a 16 percent reduction. Let me tell you the things that
this 16 percent reduction will result in.
You will have family housing benefits for military members that go
out the window. We won't be supporting their families.
It will make existing base housing agreements insolvent, so what we
do to help house our men and women in the military and their families
goes out the window. Basic family safety nets for children, suicide
prevention, and family support, out the window. So much for supporting
our brave men and women who serve this Nation.
Servicemembers on-base food support, so much for helping them through
these challenging times and making sure that their basic needs are met.
It creates a hollow force. Remember, what we do in investing in our
military is to build the ability for our Nation to deter our
adversaries. We have seen, historically, when there is an imbalance in
powers between near-peer adversaries, what happens? We find ourselves
in conflict.
Why would we want to send a message to the rest of the world that we
are going to purposely weaken our United States military, that we are
going to put our Nation in a position not to be able to defend
ourselves and to deter others from perpetrating their violence across
the world?
Mr. THORNBERRY. Mr. Speaker, has all the gentleman from Wisconsin's
time been used?
The SPEAKER pro tempore. The gentleman from Wisconsin's time has
expired. The gentleman from Texas has 2 minutes remaining.
Mr. THORNBERRY. Mr. Speaker, the underlying bill, as Chairman Smith
pointed out a few moments ago, is consistent with the 2-year budget
agreement, which was made last year.
It turns out, many of the sponsors of this amendment voted for that
2-year budget agreement. But this year, they only want to cut defense.
As my colleagues have pointed out, some accounts are exempt, and that
means the real cut is not 10 percent. It is 16 percent. That 16 percent
cut would have a severe effect on modernization; on the research we
need to do to catch up, in many cases, with Russia and China; and
especially on maintenance.
This House has been a leader in restoring our readiness and
maintaining our planes, ships, and equipment. This takes us back the
other way. In other words, this amendment may well cost lives.
As several of my colleagues have mentioned, while it exempts some
accounts dealing with our people, other accounts are not exempt. So,
this amendment results in a $216 million cut to military housing; a
$470 million cut to the Department of Defense dependent education
program; a $184 million cut to commissaries; $900 million to defense
nuclear environmental cleanup, including a $145 million cut to the
Hanford site.
But underneath it all, there is a fundamental flaw in this amendment.
It says that we can cut defense without consequences. It is kind of
like we can hide our head under the covers, cut defense, and assume
that the threats are just going to go away. But they don't.
Those who don't share our values will step into the void. The world
will grow more dangerous, and Americans and America's national security
will suffer as a result. That is the fact.
History proves, time and time again, weakness begat aggression. That
is what this bill tries to avoid, and I hope that, on a bipartisan
basis, Members will reject this amendment.
Mr. Speaker, I yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 1053, the
previous question is ordered on the amendment offered by the gentleman
from Wisconsin (Mr. Pocan).
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. THORNBERRY. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3 of House Resolution
965, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
will be postponed.
Amendment No. 11 Offered by Ms. Dean
The SPEAKER pro tempore. It is now in order to consider amendment No.
11 printed in House Report 116-457.
Ms. DEAN. Mr. Speaker, I have an amendment at the desk.
The SPEAKER pro tempore. The Clerk will designate the amendment.
The text of the amendment is as follows:
In subtitle E of title XVII, add at the end the following:
SEC. __. PAYMENTS FOR PRIVATE EDUCATION LOAN BORROWERS, AS A
RESULT OF COVID-19.
(a) Relief for Covered Borrowers as a Result of the COVID-
19 National Emergency.--
(1) Student loan relief as a result of the covid-19
national emergency.--The Secretary of the Treasury shall
carry out a program under which the Secretary shall make
payments, on behalf of a covered borrower, with respect to
the private education loans of such borrower.
(2) Payment amount.--Payments made under paragraph (1) with
respect to a covered borrower shall be in an amount equal to
the lesser of--
(A) the total amount of each private education loan of the
borrower; or
(B) $10,000.
(3) Notification of borrowers.--Not later than 15 days
following the date of enactment of this subsection, the
Secretary shall notify each covered borrower of--
(A) the requirements to make payments under this section;
and
(B) the opportunity for such borrower to make an election
under paragraph (4)(A) with respect to the application of
such payments to the private education loans of such
borrower.
(4) Distribution of funding.--
(A) Election by borrower.--Not later than 45 days after a
notice is sent under paragraph (3), a covered borrower may
elect to apply the payments made under this subsection with
respect to such borrower under paragraph (1) to any private
education loan of the borrower.
[[Page H3376]]
(B) Automatic payment.--
(i) In general.--In the case of a covered borrower who does
not make an election under subparagraph (A) before the date
described in such subparagraph, the Secretary shall apply the
amount determined with respect to such borrower under
paragraph (1) in order of the private education loan of the
borrower with the highest interest rate.
(ii) Equal interest rates.--In case of two or more private
education loans described in clause (i) with equal interest
rates, the Secretary shall apply the amount determined with
respect to such borrower under paragraph (1) first to the
loan with the highest principal.
(5) Data to implement.--Holders and servicers of private
education loans made to covered borrowers shall report, to
the satisfaction of the Secretary, the information necessary
to calculate the amount to be paid under this subsection.
(6) Ratable reduction.--To the extent that amounts
appropriated to carry out this section are insufficient to
fully comply with the payments required under paragraph (2),
the Secretary shall distribute available funds by ratably
reducing the amounts required to be paid under such
paragraph.
(b) Additional Protections for Covered Borrowers.--
(1) Loan modification after payment.--Each private
education loan holder who receives a payment pursuant to
subsection (a) shall, before the first payment due on the
private education loan after the receipt of such payment (and
taking into account any suspension of payments that may be
required under any other provision of law), modify the loan,
based on the payment made under subsection (a), to lower
monthly payments due on the loan. Such modification may take
the form of a re-amortization, a lowering of the applicable
interest rate, or any other modification that would lower
such payments.
(2) Repayment plan and forgiveness terms.--Each private
education loan holder who receives a payment pursuant to
subsection (a) shall modify all private education loan
contracts with respect to covered borrowers that it holds to
provide for the same repayment plan and forgiveness terms
available to Direct Loans borrowers under section 685.209(c)
of title 34, Code of Federal Regulations, in effect as of
January 1, 2020.
(3) Treatment of state statutes of limitation.--For a
covered borrower who has defaulted on a private education
loan under the terms of the promissory note prior to any loan
payment made under subsection (a), no payment made under such
subsection shall be considered an event that impacts the
calculation of the applicable State statutes of limitation.
(4) Prohibition on pressuring borrowers.--
(A) In general.--A private education loan debt collector or
creditor may not pressure a covered borrower to elect to
apply any amount received pursuant to subsection (a) to any
private education loan.
(B) Violations.--A violation of this paragraph is deemed--
(i) an unfair, deceptive, or abusive act or practice under
Federal law in connection with any transaction with a
consumer for a consumer financial product or service under
section 1031 of the Consumer Financial Protection Act of 2010
(12 U.S.C. 5531); and
(ii) with respect to a violation by a debt collector, an
unfair or unconscionable means to collect or attempt to
collect any debt under section 808 of the Federal Debt
Collection Practices Act (15 U.S.C. 1692f).
(C) Pressure defined.--In this paragraph, the term
``pressure'' means any communication, recommendation, or
other similar communication, other than providing basic
information about a borrower's options, urging a borrower to
make an election described under subsection (a).
(c) Definitions.--In this section:
(1) Covered borrower.--The term ``covered borrower'' means
a borrower of a private education loan.
(2) Fair debt collection practices act terms.--The terms
``creditor'' and ``debt collector'' have the meaning given
those terms, respectively, under section 803 of the Fair Debt
Collection Practices Act (15 U.S.C. 1692a).
(3) Private education loan.--The term ``private education
loan'' has the meaning given the term in section 140 of the
Truth in Lending Act (15 U.S.C. 1650).
(4) Secretary.--The term ``Secretary'' means the Secretary
of the Treasury.
The SPEAKER pro tempore. Pursuant to House Resolution 1053, the
gentlewoman from Pennsylvania (Ms. Dean) and a Member opposed each will
control 5 minutes.
The Chair recognizes the gentlewoman from Pennsylvania.
Ms. DEAN. Mr. Speaker, I thank the chairman and all the members of
the committee for their fine work in the proposed legislation.
I rise today in support of my amendment, No. 11, to H.R. 6395. This
amendment would provide much-needed assistance to roughly 6 million
private student loan borrowers by authorizing appropriations of up to
$10,000 per borrower to pay down their student loan debt.
Additionally, this amendment would require private student loan
servicers to modify the loan to lower the monthly payments by re-
amortizing the loan and/or lowering the interest rate when the borrower
resumes payment.
This is a commonsense requirement that helps both the borrowers and
the servicers, who will receive a lump sum payment and should,
therefore, make sure that subsequent payments by borrowers are
affordable and sustainable.
Private student loan borrowers did not receive any of the reprieve
that the Federal student loan borrowers were able to access through the
CARES Act. This means that roughly 6 million private student loan
borrowers have had to continue to make payments during an unprecedented
health and economic crisis, hurting not only their economic health but
our country's, too.
We know the private student loan borrowers are particularly
vulnerable. Prior to the pandemic, one in seven student loan borrowers
were more than 90 days delinquent.
COVID-19 has only exacerbated this problem. According to the Student
Borrower Protection Center, the number of private student loan
borrowers unable to make payment obligations between January and April
of this year increased by 36 percent.
This amendment would rectify the inequity we created in not including
private student loan borrowers and bring them much-needed assistance,
just as this body did with Federal student loan borrowers.
Importantly, this amendment will help our veterans, who take out an
average of $8,000 in private student loan debt to attend for-profit
schools each year, and for the estimated 200,000 servicemembers who
collectively owe billions in student loan debt. While many were able to
access relief for Federal funds, these borrowers were not. They are
languishing from the burden of private student loans.
This amendment is good for our borrowers, good for our economy, good
for our veterans. I urge Members to support this amendment.
Mr. Speaker, I reserve the balance of my time.
Mr. LUETKEMEYER. Mr. Speaker, I claim time in opposition. I am
opposed to the amendment.
The SPEAKER pro tempore. The gentleman from Missouri is recognized
for 5 minutes.
Mr. LUETKEMEYER. Mr. Speaker, this amendment is an attempt by the
Democrats to rewrite private contracts and put private lenders out of
business, accomplishing their goal of socializing all student loan
debt.
This amendment authorizes between $45 and $50 billion of taxpayer
dollars to cancel or substantially lower private student loans. But it
does not require that a student borrower demonstrate a financial need
for such support, and the amendment does not credit students that have
already paid off their student loans as required. It picks winners and
losers at taxpayer expense.
The amendment directs Treasury to provide up to $10,000 for every
single private borrower to be used toward private education loans, even
if there is no demonstrated financial need for support. It wrongly
assumes all private student loan borrowers have been impacted by COVID-
19 and creates a situation that is ripe for waste, fraud, and abuse.
Every Member of Congress recognizes that student debt is an issue
that must be tackled. However, what is often not mentioned is that the
Federal Government is the largest consumer lender, owning or
guaranteeing $1.4 trillion out of a total of $1.5 trillion in student
debt.
In 2010, Democrats largely nationalized student debt by eliminating
the Federal Family Education Loan Program, where private lenders made
federally guaranteed student loans to parents and students. Now, the
Department of Education and the Direct Loan Program is basically the
only option in the student loan market.
Private student loans make up less than 8 percent of all outstanding
loans, and because student education loans are subject to strong
underwriting standards, those loans from the private sector have a
default rate of less than 3 percent, compared to 18 percent in the
Federal loan program.
I realize that the amendment is attempting to force regulators to
work with the borrowers, but private education lenders already have the
flexibility to work with borrowers to make accommodations, including
under the
[[Page H3377]]
pandemic-related guidance provided by the Federal financial regulators.
When the Federal Government, led by congressional Democrats, took
over the student loan market, costs skyrocketed. This amendment
continues the Democrats' government takeover of the student loan
industry, only making the crisis worse.
Democrats continue to push their socialist wish list, rather than
providing targeted relief for those most in need.
If this program was such a big priority for Democrats, you would
think they would fund it, but they didn't fund it in the FY21
appropriations bill, even though they added $250 billion of new
emergency spending.
I am disappointed to see Democrats pandering to the students for
election-year gains, rather than tackling the important issue of
college affordability.
I would also like to point out that this amendment has no place in
the NDAA. A defense authorization bill should be focused on national
security, the defense and the industrial base, troop levels and
readiness, and the health and safety of our men and women in uniform,
not student debt.
Mr. Speaker, I include in the Record the following documents.
The first is a July 15, 2020, letter from the Consumer Bankers
Association to Rules Committee Chairman McGovern, requesting that the
Dean amendment not be made in order in H.R. 6395.
The second is a document compiled by the Consumer Bankers Association
summarizing the steps taken by private student loan lenders to help
their customers, as of June 30, 2020.
Consumer Bankers Association,
Washington, DC, July 15, 2020.
Hon. Jim McGovern,
Chairman, Committee on Rules,
House of Representatives, Washington, DC.
Dear Chairman McGovern: On behalf of the Education Funding
Committee of the Consumer Bankers Association (CBA), we ask
that you oppose making in order Amendment 283 proposed by
Representative Dean to H.R. 6395, the William M. (Mac)
Thornberry National Defense Authorization Act (NDAA) for
Fiscal Year 2021. This amendment to the CARES Act would make
major changes that would significantly impair the entire
private student loan market. It is clearly not related to
national defense programs and is not germane to the NDAA. The
proposal in modified form was considered and included in the
HEROES Act, H.R. 6800, as part of measures recommended by the
Financial Services Committee. In short, this amendment does
not belong in the NDAA.
The procedural and jurisdictional questions aside, the text
of the Dean Amendment 283 was considered and rejected in its
current form as part of the HEROES Act. We would like to
point out what we believe are serious flaws in the proposal.
First, I wish to note that the members of CBA appreciate
the accomplishments of this Congress in passing bi-partisan
legislation providing help to Americans suffering from the
health and economic effects of the COVID-19 Coronavirus,
including passage of the Coronavirus Aid, Response, and
Economic Security (CARES) Act.
Our members are doing their part with diligence and
compassion to help their customers who are impacted by the
effects of the pandemic. This includes major steps to assist
private student loan borrowers, with thousands helped to
date. However, we are concerned that the provisions of this
section would, if enacted, dramatically hinder our members'
ability to provide financing to our nation's students in the
future.
CBA is the voice of the retail banking industry whose
members operate in all 50 states, serve more than 150 million
Americans, and collectively hold two-thirds of the country's
total depository assets. CBA members are also the private
sector lenders that make the majority of private education
loans to help families finance a postsecondary education. At
this time of extreme uncertainty, our banks remain in strong
financial condition and are stepping up to serve the needs of
customers and employees.
The CBA Education Funding Committee includes the banks that
make most private student loans in order to help American
students finance their education. That process has been going
extraordinarily well for years, with the vast majority--98
percent--of borrowers successfully repaying their private
student loans. Our members are working with current students
and their families, many of whom have seen their educations
interrupted or transformed due to the pandemic. There is a
great deal of uncertainty as to when normal educational
processes can resume. Because of that uncertainty, we are
working closely with our customers to make sure they will
have the financing they need to start or continue their
higher educations.
Meanwhile, for borrowers who are in repayment on their
student loans, CBA member banks continue to offer many
options tailored to their needs to make sure they can get
through this period of tremendous uncertainty and turmoil.
Our members are offering special terms, including allowing
expanded forbearance--stopping loan repayment--and other
options that meet the needs of borrowers and co-signers. We
are also allowing borrowers more time to make decisions about
whether to borrow and how much, realizing that families need
to evaluate changing economic and individual family
conditions.
In sum, CBA member banks are doing their best to help our
customers through the crisis and emerge with their
educational plans intact and their financial situations
manageable. Banks are working, as they must, with prudential
regulators, including the Consumer Financial Protection
Bureau, Federal Reserve, Office of the Comptroller of the
Currency and the Federal Deposit Insurance Corporation, as
well as state regulatory agencies, on allowable steps that
can be taken to help borrowers now.
Given the steps being taken by the private sector, we wish
to alert you to the fact that some of the proposals contained
in the Dean Amendment number 283 would significantly disrupt
the private student loan market. We have offered to work with
all interested Members on substitute legislation that would
help student loan borrowers and avoid steps that will make it
impossible for banks and other private lenders to offer their
customers the private loan options they can access today.
Such proposals should be considered as part of COVID-19
relief legislation, not as part of the NDAA.
The Dean amendment would have the Secretary of the Treasury
make monthly payments for private education loan borrowers
totalling up to $10,000 until September 30, 2021. This step
would require extensive, complex coordination and across-the-
board servicing system changes at a time when financial
institutions, like other parts of the economy, are coping
with workplace challenges. However, CBA members would work
with their customers and the Treasury Department to implement
such a policy, should Congress decide to proceed, through an
appropriate legislative vehicle, and set up a process for the
payments to be made by the government to lenders on behalf of
borrowers.
The amendment in the fall of 2021 would give all private
student loan borrowers $10,000, less payments previously made
on their behalf. CBA is concerned that a lump sum payment
made more than a year from now will have little impact on
helping our country recover from the emergency. Moreover,
this minimum amount provision is untargeted since it would be
made after the emergency period and without regard to whether
the borrower is actually experiencing any repayment
difficulty. Therefore, we believe any relief should be
tailored to the government making monthly payments for those
in need during the emergency period. We agree that any such
payments made on behalf of a borrower should not be counted
as income for tax purposes.
Most importantly, the amendment includes an unworkable
provision that would require private lenders to change
millions of contracts with borrowers to include the Revised
Pay As You Earn option that the federal government offers
some federal loan borrowers. This proposal would require
private lenders to offer the same income derived repayment
(IDR) plans, including forgiveness after 20 years of payments
for undergraduates or 25 years for loans for graduate
studies, as are offered by the Department of Education. While
an IDR/loan forgiveness program is an appropriate safety net
for loans without any meaningful upfront consumer
protections, it is not suited to private loans made with the
most critical upfront consumer protection: evaluation of
ability to repay.
The federal government currently dominates student lending,
originating 92 percent of new loans made each year. These
loans provide access to higher education, but because there
is no consideration of ability to repay or credit
underwriting, they put some students into excessive
indebtedness with unaffordable monthly payments.
Private loans play an important role in providing access to
higher education, typically supplementing federal aid and
always involving a careful assessment of credit capacity and
ability to pay. That is why 98 percent of private loans are
being successfully repaid, while a quarter of federal loan
borrowers are not making any progress towards reducing their
loan balance. We strongly oppose applying repayment policies
that may address over-lending of federal loans but that are
not anchored to safety and soundness principles that
consistently assure responsibly underwritten private loans
that are being successfully repaid.
Importantly, private loan lenders, working closely with
their prudential regulators, have developed well-targeted
repayment relief options that effectively assist customers
experiencing repayment difficulty. Private loan lenders
provide short- and long-term forbearances, as well as loan
modifications that lead to affordable loan payments. These
solutions appropriately balance consumer protection and
safety/soundness principles in support of customer repayment
success. In this respect, the proposal to require a well-
functioning private loan market to function like the vastly
different federal loan market is nothing more than a solution
in search of a problem.
The government keeps non-performing loans--millions of
them--on its books for decades before giving up on
collection. Banks that engage in such practices would be
quickly ordered to stop by their federal
[[Page H3378]]
regulators and would likely face sanctions. If a loan isn't
being repaid, banks must account for it on their balance
sheets. Under federal IDR rules, a borrower can make no
payments but still be considered current, with their loan
cancelled after 20 or 25 years. That is not possible for any
private lender under the sensible safety and soundness
practices required by their prudential regulator.
In short, the proposal to apply repayment policies
developed to remediate the absence of an ability to repay
evaluation for federal loans to a market that leverages safe
and sound underwriting to consistently drive repayment
success would not only signifcantly disrupt exisitng
contracts with borrowers but would almost certainly force a
signficant reduction in access to private loan credit. CBA
members recognize the severity of the hardship many Americans
are facing in the economic downturn caused by the coronavirus
pandemic. All CBA members are working with their customers to
help those who are experiencing difficulties or delays in
making student loan payments. Banks since the start of the
crisis have been enhancing the options available to their
customers to help them manage their finances. For many
borrowers, it's financially better to keep making payments in
order to pay off their loans as soon as possible. Others need
more flexibility, and they are getting it.
We understand the desire of Congress to help student loan
borrowers and to take measures that will stimulate the
economic recovery once the emergency concludes. Banks are
doing their part in working with our customers individually
to help. Unfortunately, the Dean Amendment would force many
banks into an impossible position with their prudential
regulators and force banks to stop offering student loans to
their customers. This is a major change in the law that does
not belong as part of the NDAA.
Thank you for your consideration of our views. We would be
pleased to answer your questions and to work with you on ways
to assist our country recover from the effects of the
pandemic.
Sincerely,
Richard Hunt,
President and CEO,
Consumer Bankers Association.
____
Summary of Steps Taken by Private Student Loan Lenders To Help Their
Customers
[As of June 30, 2020]
Private student loan lenders have continued since the start
of the COVID-19 coronavirus crisis to work closely with their
customers to make sure they have the assistance they need to
handle any financial disruptions. It is in the mutual
interest of lenders and borrowers to work together to get
through the economic difficulties caused by the emergency.
Although very few private loan borrowers were having
trouble with their loan payments before the COVID-19
emergency, with less than 2 percent of loans charged off and
less than 3 percent 90 days delinquent, as soon as the
economic fallout from crisis became apparent, banks put plans
in place to help their customers. Those plans were activated
across the country so that borrowers can get the payment
relief they need. Banks are constantly reviewing the
situation and making changes as needed.
The following is based on a confidential survey of the
Consumer Bankers Association's Education Funding Committee,
which includes the banks that make most private student
loans. The survey was first conducted April 1-8, 2020, and
conducted again June 5-17, 2020. The second survey found that
policies in place in April remained in place, with some
additional measures added.
Banks are continuing to allow their borrowers to suspend
payments simply by asking. Documentation is not required. No
fees or penalties are being assessed. 90 days is the most
common length of time requested and granted. Extensions are
available if needed. Bank are instituting a policy to keep
loans that were past due when the emergency began from
becoming more delinquent.
Most private loans are co-signed, meaning the co-signer
becomes responsible for the loan if the borrower defaults,
but the banks are not attempting to collect from co-signers
of loans where payments have been suspended. In other words,
assistance given to the borrower is applied to the co-signer.
There were significantly more requests for help than normal
during March and mid-April, mainly from borrowers seeking
repayment relief. Banks granted them forbearance. Requests
have levelled off for most, with the main requests being for
a continuance of forbearance or other assistance previously
granted.
Some banks are following common forbearance practices and
continuing to charge interest while payments are deferred,
and some are not. Those that do charge interest during the
forbearance are not planning to capitalize it when payment
restarts.
It is common for automatic payment arrangements to stop
during a period of forbearance. Most banks are either
retaining the discount for paying via ACH or, if the discount
is stopped, will reinstate it after payments resume.
Tens of thousands of borrowers have been helped.
Lenders are not taking court action such as lawsuits to
collect overdue loans.
Lenders either offer loan modifications to distressed
borrowers or are developing or considering modification
options. The modifications being offered are mostly the same
as those usually available, but some banks are instituting or
are in the process of instituting additional modifications.
Examples of Modification options offered are:
Interest rate reductions to lower monthly payments;
Extending the loan term to lower monthly payments;
Additional forbearance beyond the 90 days initially offered
due to COVID-19.
Other COVID-19 related assistance examples:
Option to skip payments without penalty;
Allowing partial payments;
Waiving late fees;
Extending forbearance beyond 90 days if needed;
Suspending involuntary collection efforts.
All lenders offered forbearances retroactive to the start
of the national emergency.
Lenders are providing ongoing COVID-19 related information
to their customers via multiple channels, telling them to
contact their servicer or lender if they need assistance. A
variety of ways to contact the lender/servicer are available:
website, phone, IVR, messaging/chat, and email. Not all offer
all those options but all offer most of them.
Lenders are offering help to their communities. For
example, one bank donated $1 million to food banks in five
states.
Mr. LUETKEMEYER. Mr. Speaker, I reserve the balance of my time.
Ms. DEAN. Mr. Speaker, this amendment is a valuable amendment to
tackle what we knew before the pandemic was a problem: $1.6 trillion in
student loan debt, $119 billion of that for private student loans.
What we do know is, while the default rate on private student loans
is less, it amounts to $4 billion of defaulting private student loan
debts.
That is not an inconsequential amount of money.
This amendment really comes from me as a former professor, as a
mother, and as a grandmother. The burden of student loan debt in this
country is too high, and now, as a result of a pandemic, through no
fault of their own, many borrowers are falling into delinquency, which
will hurt our economy, will hurt their buying power, and will hurt
their credit rating for a long time to come. So I proudly produced this
amendment, and I ask for support.
Mr. Speaker, I reserve the balance of my time.
{time} 1630
Mr. LUETKEMEYER. Mr. Speaker, I yield 1 minute to the gentlewoman
from North Carolina (Ms. Foxx).
Ms. FOXX of North Carolina. Mr. Speaker, I thank the gentleman for
yielding.
Mr. Speaker, I rise today to discuss the flaws of this amendment as
ranking member of the Committee on Education and Labor, which has
jurisdiction over the Federal student loans.
Federal student loans dominate the education loan marketplace, with
roughly 92 percent of all outstanding student loans.
Mr. Speaker, proponents of Big Government have succeeded in offering
the most generous loan terms in the marketplace, but the private
student loan marketplace hasn't made the same mistakes the Federal
Government has. The private student loan companies underwrite their
investments. Their model fosters student success because that is the
only way they, as a business, can succeed.
It was stated earlier that students had to make payments on their
loans in the past few months. Well, that is what they agreed to do and
what all borrowers agree to do, Mr. Speaker. That is the way it works.
Mr. Speaker, I urge my colleagues to reject this amendment which will
complete the government takeover of the student loan industry and, in
the process, fail to set students up for success.
Ms. DEAN. Just for some final thoughts, Mr. Speaker, I want to
reiterate that this is a commonsense requirement that helps both the
servicers and the borrowers. Remember, the servicers will receive a
lump-sum payment and should, therefore, be able to make sure that the
subsequent payments by borrowers are sustainable for borrowers.
Forbearance is something that we built into the CARES Act, but not in
any way for student loan borrowers. This is not without precedent. It
is valuable to help student loan borrowers when, through no fault of
their own, they are in an economic position of possible default.
I will close, mindful of the great loss that we had over the weekend.
I am
[[Page H3379]]
mindful, prayerful, and thankful for the role model and friendship of
our colleague, John Lewis, and how he fought for equity for all
people and how he fought to lift up others.
Mr. Speaker, I urge Members to support my amendment, and I yield back
the balance of my time.
Mr. LUETKEMEYER. Mr. Speaker, in closing, I would just remind my
colleagues of the real purpose of this amendment. It is just to
socialize the entire student loan industry.
Rather than working to address the underlying causes of the student
loan crisis, my colleagues believe the Federal Government should take
over the entire program. This is the exact opposite of what we should
be doing. We should be analyzing the causes of rising tuition. We
should be strengthening the underwriting standards used by the Federal
Government. The private sector should be held out as a model, not as a
scapegoat.
Mr. Speaker, I urge my colleagues to oppose this amendment, and I
yield back the balance of my time.
The SPEAKER pro tempore. Pursuant to House Resolution 1053, the
previous question is ordered on the amendment offered by the
gentlewoman from Pennsylvania (Ms. Dean).
The question is on the amendment.
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. LUETKEMEYER. Mr. Speaker, on that I demand the yeas and nays.
The SPEAKER pro tempore. Pursuant to section 3 of House Resolution
965, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
will be postponed.
Amendments En Bloc No. 1 Offered by Mr. Smith of Washington
The SPEAKER pro tempore (Ms. DeGette). It is now in order to consider
an amendment en bloc consisting of amendments printed in House Report
116-457.
Mr. SMITH of Washington. Madam Speaker, pursuant to House Resolution
1053, I offer amendments en bloc.
The SPEAKER pro tempore. The Clerk will designate the amendments en
bloc.
Amendments en bloc No. 1 consisting of amendment Nos. 1, 2, 10, 12,
14, 15, 16, 18, 20, 21, 22, 23, 24, 25, 26, 27, 28, 30, 31, 32, 33, 34,
35, 36, 37, 38, 39, 40, 41, 42, 43, 44, 45, 46, 47, 48, 49, 50, 51, 52,
53, 54, 55, 56, 57, 58, 59, 60, 61, 62, 63, 64, 65, 66, 67, 68, 69, 70,
71, 72, 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 85, 86, 87, 88,
89, 90, 91, 92, 93, 94, 95, 96, 97, 98, 99, 100, 101, 102, 103, 104,
105, 106, 107, 108, 109, 110, 111, 112, 113, 114, 115, 116, 117, 118,
119, 120, 121, 122, 123, 124, 125, 126, 127, 128, 129, 130, 131, 132,
133, 134, 135, 136, 137, 138, 139, 140, 141, 142, 144, 145, 146, 147,
148, 149, 150, 151, 152, 153, 154, 155, 156, 157, 158, 159, 160, 161,
162, 163, 164, 165, 166, and 407, printed in House Report 116-457,
offered by Mr. Smith of Washington:
Amendment No. 1 Offered by Mrs. Carolyn P. Maloney of New York
Add at the end the following:
DIVISION F--CORPORATE TRANSPARENCY ACT OF 2019
SEC. 6001. SHORT TITLE.
This division may be cited as the ``Corporate Transparency
Act of 2019''.
SEC. 6002. FINDINGS.
Congress finds the following:
(1) Nearly 2,000,000 corporations and limited liability
companies are being formed under the laws of the States each
year.
(2) Very few States require information about the
beneficial owners of the corporations and limited liability
companies formed under their laws.
(3) A person forming a corporation or limited liability
company within the United States typically provides less
information at the time of incorporation than is needed to
obtain a bank account or driver's license and typically does
not name a single beneficial owner.
(4) Criminals have exploited State formation procedures to
conceal their identities when forming corporations or limited
liability companies in the United States, and have then used
the newly created entities to commit crimes affecting
interstate and international commerce such as terrorism,
proliferation financing, drug and human trafficking, money
laundering, tax evasion, counterfeiting, piracy, securities
fraud, financial fraud, and acts of foreign corruption.
(5) Law enforcement efforts to investigate corporations and
limited liability companies suspected of committing crimes
have been impeded by the lack of available beneficial
ownership information, as documented in reports and testimony
by officials from the Department of Justice, the Department
of Homeland Security, the Department of the Treasury, and the
Government Accountability Office, and others.
(6) In July 2006, the leading international antimoney
laundering standard-setting body, the Financial Action Task
Force on Money Laundering (in this section referred to as the
``FATF''), of which the United States is a member, issued a
report that criticizes the United States for failing to
comply with a FATF standard on the need to collect beneficial
ownership information and urged the United States to correct
this deficiency by July 2008. In December 2016, FATF issued
another evaluation of the United States, which found that
little progress has been made over the last ten years to
address this problem. It identified the ``lack of timely
access to adequate, accurate and current beneficial ownership
information'' as a fundamental gap in United States efforts
to combat money laundering and terrorist finance.
(7) In response to the 2006 FATF report, the United States
has urged the States to obtain beneficial ownership
information for the corporations and limited liability
companies formed under the laws of such States.
(8) In contrast to practices in the United States, all 28
countries in the European Union are required to have
corporate registries that include beneficial ownership
information.
(9) To reduce the vulnerability of the United States to
wrongdoing by United States corporations and limited
liability companies with hidden owners, to protect interstate
and international commerce from criminals misusing United
States corporations and limited liability companies, to
strengthen law enforcement investigations of suspect
corporations and limited liability companies, to set a clear,
universal standard for State incorporation practices, and to
bring the United States into compliance with international
anti-money laundering standards, Federal legislation is
needed to require the collection of beneficial ownership
information for the corporations and limited liability
companies formed under the laws of such States.
SEC. 6003. TRANSPARENT INCORPORATION PRACTICES.
(a) In General.--
(1) Amendment to the bank secrecy act.--Chapter 53 of title
31, United States Code, is amended by inserting after section
5332 the following new section:
``Sec. 5333 Transparent incorporation practices
``(a) Reporting Requirements.--
``(1) Beneficial ownership reporting.--
``(A) In general.--Each applicant to form a corporation or
limited liability company under the laws of a State or Indian
Tribe shall file a report with FinCEN containing a list of
the beneficial owners of the corporation or limited liability
company that--
``(i) except as provided in paragraphs (3) and (4), and
subject to paragraph (2), identifies each beneficial owner
by--
``(I) full legal name;
``(II) date of birth;
``(III) current residential or business street address; and
``(IV) a unique identifying number from a non-expired
passport issued by the United States, a non-expired personal
identification card, or a non-expired driver's license issued
by a State; and
``(ii) if the applicant is not a beneficial owner, also
provides the identification information described in clause
(i) relating to such applicant.
``(B) Updated information.--Each corporation or limited
liability company formed under the laws of a State or Indian
Tribe shall--
``(i) submit to FinCEN an annual filing containing a list
of--
``(I) the current beneficial owners of the corporation or
limited liability company and the information described in
subparagraph (A) for each such beneficial owner; and
``(II) any changes in the beneficial owners of the
corporation or limited liability company during the previous
year; and
``(ii) pursuant to any rule issued by the Secretary of the
Treasury under subparagraph (C), update the list of the
beneficial owners of the corporation or limited liability
company within the time period prescribed by such rule.
``(C) Rulemaking on updating information.--Not later than 9
months after the completion of the study required under
section 4(a)(1) of the Corporate Transparency Act of 2019,
the Secretary of the Treasury shall consider the findings of
such study and, if the Secretary determines it to be
necessary or appropriate, issue a rule requiring corporations
and limited liability companies to update the list of the
beneficial owners of the corporation or limited liability
company within a specified amount of time after the date of
any change in the list of beneficial owners or the
information required to be provided relating to each
beneficial owner.
``(D) State notification.--Each State in which a
corporation or limited liability company is being formed
shall notify each applicant of the requirements listed in
subparagraphs (A) and (B).
``(2) Certain beneficial owners.--If an applicant to form a
corporation or limited liability company or a beneficial
owner, or similar agent of a corporation or limited liability
company who is required to provide identification information
under this subsection, does not have a nonexpired passport
issued by the United States, a nonexpired personal
identification card, or a non-expired driver's license issued
by a State, each such person shall provide to FinCEN the full
legal name, current residential or business street address, a
unique identifying number from a non-expired passport issued
by a foreign government, and a legible and credible copy of
[[Page H3380]]
the pages of a non-expired passport issued by the government
of a foreign country bearing a photograph, date of birth, and
unique identifying information for each beneficial owner, and
each application described in paragraph (1)(A) and each
update described in paragraph (1)(B) shall include a written
certification by a person residing in the State or Indian
country under the jurisdiction of the Indian Tribe forming
the entity that the applicant, corporation, or limited
liability company--
``(A) has obtained for each such beneficial owner, a
current residential or business street address and a legible
and credible copy of the pages of a non-expired passport
issued by the government of a foreign country bearing a
photograph, date of birth, and unique identifying information
for the person;
``(B) has verified the full legal name, address, and
identity of each such person;
``(C) will provide the information described in
subparagraph (A) and the proof of verification described in
subparagraph (B) upon request of FinCEN; and
``(D) will retain the information and proof of verification
under this paragraph until the end of the 5-year period
beginning on the date that the corporation or limited
liability company terminates under the laws of the State or
Indian Tribe.
``(3) Exempt entities.--
``(A) In general.--With respect to an applicant to form a
corporation or limited liability company under the laws of a
State or Indian Tribe, if such entity is described in
subparagraph (C) or (D) of subsection (d)(4) and will be
exempt from the beneficial ownership disclosure requirements
under this subsection, such applicant, or a prospective
officer, director, or similar agent of the applicant, shall
file a written certification with FinCEN--
``(i) identifying the specific provision of subsection
(d)(4) under which the entity proposed to be formed would be
exempt from the beneficial ownership disclosure requirements
under paragraphs (1) and (2);
``(ii) stating that the entity proposed to be formed meets
the requirements for an entity described under such provision
of subsection (d)(4); and
``(iii) providing identification information for the
applicant or prospective officer, director, or similar agent
making the certification in the same manner as provided under
paragraph (1) or (2).
``(B) Existing corporations or limited liability
companies.--On and after the date that is 2 years after the
final regulations are issued to carry out this section, a
corporation or limited liability company formed under the
laws of the State or Indian Tribe before such date shall be
subject to the requirements of this subsection unless an
officer, director, or similar agent of the entity submits to
FinCEN a written certification--
``(i) identifying the specific provision of subsection
(d)(4) under which the entity is exempt from the requirements
under paragraphs (1) and (2);
``(ii) stating that the entity meets the requirements for
an entity described under such provision of subsection
(d)(4); and
``(iii) providing identification information for the
officer, director, or similar agent making the certification
in the same manner as provided under paragraph (1) or (2).
``(C) Exempt entities having ownership interest.--If an
entity described in subparagraph (C) or (D) of subsection
(d)(4) has or will have an ownership interest in a
corporation or limited liability company formed or to be
formed under the laws of a State or Indian Tribe, the
applicant, corporation, or limited liability company in which
the entity has or will have the ownership interest shall
provide the information required under this subsection
relating to the entity, except that the entity shall not be
required to provide information regarding any natural person
who has an ownership interest in, exercises substantial
control over, or receives substantial economic benefits from
the entity.
``(4) FinCEN id numbers.--
``(A) Issuance of fincen id number.--
``(i) In general.--FinCEN shall issue a FinCEN ID number to
any individual who requests such a number and provides FinCEN
with the information described under subclauses (I) through
(IV) of paragraph (1)(A)(i).
``(ii) Updating of information.--An individual with a
FinCEN ID number shall submit an annual filing with FinCEN
updating any information described under subclauses (I)
through (IV) of paragraph (1)(A)(i).
``(B) Use of fincen id number in reporting requirements.--
Any person required to report the information described under
paragraph (1)(A)(i) with respect to an individual may instead
report the FinCEN ID number of the individual.
``(C) Treatment of information submitted for fincen id
number.--For purposes of this section, any information
submitted under subparagraph (A) shall be deemed to be
beneficial ownership information.
``(5) Retention and disclosure of beneficial ownership
information by fincen.--
``(A) Retention of information.--Beneficial ownership
information relating to each corporation or limited liability
company formed under the laws of the State or Indian Tribe
shall be maintained by FinCEN until the end of the 5-year
period (or such other period of time as the Secretary of the
Treasury may, by rule, determine) beginning on the date that
the corporation or limited liability company terminates.
``(B) Disclosure of information.--Beneficial ownership
information reported to FinCEN pursuant to this section shall
be provided by FinCEN only upon receipt of--
``(i) subject to subparagraph (C), a request, through
appropriate protocols, by a local, Tribal, State, or Federal
law enforcement agency;
``(ii) a request made by a Federal agency on behalf of a
law enforcement agency of another country under an
international treaty, agreement, or convention, or an order
under section 3512 of title 18 or section 1782 of title 28;
or
``(iii) a request made by a financial institution, with
customer consent, as part of the institution's compliance
with due diligence requirements imposed under the Bank
Secrecy Act, the USA PATRIOT Act, or other applicable
Federal, State, or Tribal law.
``(C) Appropriate protocols.--
``(i) Privacy.--The protocols described in subparagraph
(B)(i) shall--
``(I) protect the privacy of any beneficial ownership
information provided by FinCEN to a local, Tribal, State, or
Federal law enforcement agency;
``(II) ensure that a local, Tribal, State, or Federal law
enforcement agency requesting beneficial ownership
information has an existing investigatory basis for
requesting such information;
``(III) ensure that access to beneficial ownership
information is limited to authorized users at a local,
Tribal, State, or Federal law enforcement agency who have
undergone appropriate training, and refresher training no
less than every two years, and that the identity of such
authorized users is verified through appropriate mechanisms,
such as two-factor authentication;
``(IV) include an audit trail of requests for beneficial
ownership information by a local, Tribal, State, or Federal
law enforcement agency, including, as necessary, information
concerning queries made by authorized users at a local,
Tribal, State, or Federal law enforcement agency;
``(V) require that every local, Tribal, State, or Federal
law enforcement agency that receives beneficial ownership
information from FinCEN conducts an annual audit to verify
that the beneficial ownership information received from
FinCEN has been accessed and used appropriately, and
consistent with this paragraph; and
``(VI) require FinCEN to conduct an annual audit of every
local, Tribal, State, or Federal law enforcement agency that
has received beneficial ownership information to ensure that
such agency has requested beneficial ownership information,
and has used any beneficial ownership information received
from FinCEN, appropriately, and consistent with this
paragraph.
``(ii) Limitation on use.--Beneficial ownership information
provided to a local, Tribal, State, or Federal law
enforcement agency under this paragraph may only be used for
law enforcement, national security, or intelligence purposes.
``(D) Access procedures.--FinCEN shall establish stringent
procedures for the protection and proper use of beneficial
ownership information disclosed pursuant to subparagraph (B),
including procedures to ensure such information is not being
inappropriately accessed or misused by law enforcement
agencies.
``(E) Report to congress.--FinCEN shall issue an annual
report to Congress stating--
``(i) the number of times law enforcement agencies and
financial institutions have accessed beneficial ownership
information pursuant to subparagraph (B);
``(ii) the number of times beneficial ownership information
reported to FinCEN pursuant to this section was
inappropriately accessed, and by whom; and
``(iii) the number of times beneficial ownership
information was disclosed under subparagraph (B) pursuant to
a subpoena.
``(F) Disclosure of non-pii data.--Notwithstanding
subparagraph (B), FinCEN may issue guidance and otherwise
make materials available to financial institutions and the
public using beneficial ownership information reported
pursuant to this section if such information is aggregated in
a manner that removes all personally identifiable
information. For purposes of this subparagraph, `personally
identifiable information' includes information that would
allow for the identification of a particular corporation or
limited liability company.
``(b) No Bearer Share Corporations or Limited Liability
Companies.--A corporation or limited liability company formed
under the laws of a State or Indian Tribe may not issue a
certificate in bearer form evidencing either a whole or
fractional interest in the corporation or limited liability
company.
``(c) Penalties.--
``(1) In general.--It shall be unlawful for any person to
affect interstate or foreign commerce by--
``(A) knowingly providing, or attempting to provide, false
or fraudulent beneficial ownership information, including a
false or fraudulent identifying photograph, to FinCEN in
accordance with this section;
``(B) willfully failing to provide complete or updated
beneficial ownership information to FinCEN in accordance with
this section; or
``(C) knowingly disclosing the existence of a subpoena or
other request for beneficial ownership information reported
pursuant to this section, except--
``(i) to the extent necessary to fulfill the authorized
request; or
[[Page H3381]]
``(ii) as authorized by the entity that issued the
subpoena, or other request.
``(2) Civil and criminal penalties.--Any person who
violates paragraph (1)--
``(A) shall be liable to the United States for a civil
penalty of not more than $10,000; and
``(B) may be fined under title 18, United States Code,
imprisoned for not more than 3 years, or both.
``(3) Limitation.--Any person who negligently violates
paragraph (1) shall not be subject to civil or criminal
penalties under paragraph (2).
``(4) Waiver.--The Secretary of the Treasury may waive the
penalty for violating paragraph (1) if the Secretary
determines that the violation was due to reasonable cause and
was not due to willful neglect.
``(5) Criminal penalty for the misuse or unauthorized
disclosure of beneficial ownership information.--The criminal
penalties provided for under section 5322 shall apply to a
violation of this section to the same extent as such criminal
penalties apply to a violation described in section 5322, if
the violation of this section consists of the misuse or
unauthorized disclosure of beneficial ownership information.
``(d) Definitions.--For the purposes of this section:
``(1) Applicant.--The term `applicant' means any natural
person who files an application to form a corporation or
limited liability company under the laws of a State or Indian
Tribe.
``(2) Bank secrecy act.--The term `Bank Secrecy Act'
means--
``(A) section 21 of the Federal Deposit Insurance Act;
``(B) chapter 2 of title I of Public Law 91-508; and
``(C) this subchapter.
``(3) Beneficial owner.--
``(A) In general.--Except as provided in subparagraph (B),
the term `beneficial owner' means a natural person who,
directly or indirectly, through any contract, arrangement,
understanding, relationship, or otherwise--
``(i) exercises substantial control over a corporation or
limited liability company;
``(ii) owns 25 percent or more of the equity interests of a
corporation or limited liability company; or
``(iii) receives substantial economic benefits from the
assets of a corporation or limited liability company.
``(B) Exceptions.--The term `beneficial owner' shall not
include--
``(i) a minor child, as defined in the State or Indian
Tribe in which the entity is formed;
``(ii) a person acting as a nominee, intermediary,
custodian, or agent on behalf of another person;
``(iii) a person acting solely as an employee of a
corporation or limited liability company and whose control
over or economic benefits from the corporation or limited
liability company derives solely from the employment status
of the person;
``(iv) a person whose only interest in a corporation or
limited liability company is through a right of inheritance;
or
``(v) a creditor of a corporation or limited liability
company, unless the creditor also meets the requirements of
subparagraph (A).
``(C) Substantial economic benefits defined.--
``(i) In general.--For purposes of subparagraph (A)(ii), a
natural person receives substantial economic benefits from
the assets of a corporation or limited liability company if
the person has an entitlement to more than a specified
percentage of the funds or assets of the corporation or
limited liability company, which the Secretary of the
Treasury shall, by rule, establish.
``(ii) Rulemaking criteria.--In establishing the percentage
under clause (i), the Secretary of the Treasury shall seek
to--
``(I) provide clarity to corporations and limited liability
companies with respect to the identification and disclosure
of a natural person who receives substantial economic
benefits from the assets of a corporation or limited
liability company; and
``(II) identify those natural persons who, as a result of
the substantial economic benefits they receive from the
assets of a corporation or limited liability company,
exercise a dominant influence over such corporation or
limited liability company.
``(4) Corporation; limited liability company.--The terms
`corporation' and `limited liability company'--
``(A) have the meanings given such terms under the laws of
the applicable State or Indian Tribe;
``(B) include any non-United States entity eligible for
registration or registered to do business as a corporation or
limited liability company under the laws of the applicable
State or Indian Tribe;
``(C) do not include any entity that is--
``(i) a business concern that is an issuer of a class of
securities registered under section 12 of the Securities
Exchange Act of 1934 (15 U.S.C. 781) or that is required to
file reports under section 15(d) of that Act (15 U.S.C.
78o(d));
``(ii) a business concern constituted, sponsored, or
chartered by a State or Indian Tribe, a political subdivision
of a State or Indian Tribe, under an interstate compact
between two or more States, by a department or agency of the
United States, or under the laws of the United States;
``(iii) a bank, as defined under--
``(I) section 2(a) of the Investment Company Act of 1940
(15 U.S.C. 80a-2(a)); or
``(II) section 202(a) of the Investment Advisers Act of
1940 (15 U.S.C. 80b-2(a));
``(iv) a credit union (as defined in section 101 of the
Federal Credit Union Act (12 U.S.C. 1752));
``(v) a bank holding company (as defined in section 2 of
the Bank Holding Company Act of 1956 (12 U.S.C. 1841)) or a
savings and loan holding company (as defined in section 10(a)
of the Home Owners' Loan Act (12 U.S.C. 1467a(a));
``(vi) a broker or dealer (as defined in section 3 of the
Securities Exchange Act of 1934 (15 U.S.C. 78c)) that is
registered under section 15 of the Securities Exchange Act of
1934 (15 U.S.C. 78o);
``(vii) an exchange or clearing agency (as defined in
section 3 of the Securities Exchange Act of 1934 (15 U.S.C.
78c)) that is registered under section 6 or 17A of the
Securities Exchange Act of 1934 (15 U.S.C. 78f and 78q-1);
``(viii) an investment company (as defined in section 3 of
the Investment Company Act of 1940 (15 U.S.C. 80a-3)) or an
investment adviser (as defined in section 202(11) of the
Investment Advisers Act of 1940 (15 U.S.C. 80b-2(11))), if
the company or adviser is registered with the Securities and
Exchange Commission, has filed an application for
registration which has not been denied, under the Investment
Company Act of 1940 (15 U.S.C. 80a-1 et seq.) or the
Investment Adviser Act of 1940 (15 U.S.C. 80b-1 et seq.), or
is an investment adviser described under section 203(l) of
the Investment Advisers Act of 1940 (15 U.S.C. 80b-3(l));
``(ix) an insurance company (as defined in section 2 of the
Investment Company Act of 1940 (15 U.S.C. 80a-2));
``(x) a registered entity (as defined in section 1a of the
Commodity Exchange Act (7 U.S.C. 1a)), or a futures
commission merchant, introducing broker, commodity pool
operator, or commodity trading advisor (as defined in section
1a of the Commodity Exchange Act (7 U.S.C. 1a)) that is
registered with the Commodity Futures Trading Commission;
``(xi) a public accounting firm registered in accordance
with section 102 of the Sarbanes-Oxley Act (15 U.S.C. 7212)
or an entity controlling, controlled by, or under common
control of such a firm;
``(xii) a public utility that provides telecommunications
service, electrical power, natural gas, or water and sewer
services, within the United States;
``(xiii) a church, charity, nonprofit entity, or other
organization that is described in section 501(c), 527, or
4947(a)(1) of the Internal Revenue Code of 1986, that has not
been denied tax exempt status, and that has filed the most
recently due annual information return with the Internal
Revenue Service, if required to file such a return;
``(xiv) a financial market utility designated by the
Financial Stability Oversight Council under section 804 of
the Dodd-Frank Wall Street Reform and Consumer Protection
Act;
``(xv) an insurance producer (as defined in section 334 of
the Gramm-Leach-Bliley Act);
``(xvi) any pooled investment vehicle that is operated or
advised by a person described in clause (iii), (iv), (v),
(vi), (viii), (ix), or (xi);
``(xvii) any business concern that--
``(I) employs more than 20 employees on a full-time basis
in the United States;
``(II) files income tax returns in the United States
demonstrating more than $5,000,000 in gross receipts or
sales; and
``(III) has an operating presence at a physical office
within the United States; or
``(xviii) any corporation or limited liability company
formed and owned by an entity described in this clause or in
clause (i), (ii), (iii), (iv), (v), (vi), (vii), (viii),
(ix), (x), (xi), (xii), (xiii), (xiv), (xv), or (xvi); and
``(D) do not include any individual business concern or
class of business concerns which the Secretary of the
Treasury and the Attorney General of the United States have
jointly determined, by rule of otherwise, to be exempt from
the requirements of subsection (a), if the Secretary and the
Attorney General jointly determine that requiring beneficial
ownership information from the business concern would not
serve the public interest and would not assist law
enforcement efforts to detect, prevent, or prosecute
terrorism, money laundering, tax evasion, or other
misconduct.
``(5) Fincen.--The term `FinCEN' means the Financial Crimes
Enforcement Network of the Department of the Treasury.
``(6) Indian country.--The term `Indian country' has the
meaning given that term in section 1151 of title 18.
``(7) Indian tribe.--The term `Indian Tribe' has the
meaning given that term under section 102 of the Federally
Recognized Indian Tribe List Act of 1994.
``(8) Personal identification card.--The term `personal
identification card' means an identification document issued
by a State, Indian Tribe, or local government to an
individual solely for the purpose of identification of that
individual.
``(9) State.--The term `State' means any State,
commonwealth, territory, or possession of the United States,
the District of Columbia, the Commonwealth of Puerto Rico,
the Commonwealth of the Northern Mariana Islands, American
Samoa, Guam, or the United States Virgin Islands.''.
(2) Rulemaking.--
(A) In general.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Treasury shall
issue regulations to carry out this division and the
amendments made by this division, including, to the extent
necessary, to clarify the
[[Page H3382]]
definitions in section 5333(d) of title 31, United States
Code.
(B) Revision of final rule.--Not later than 1 year after
the date of enactment of this Act, the Secretary of the
Treasury shall revise the final rule titled ``Customer Due
Diligence Requirements for Financial Institutions'' (May 11,
2016; 81 Fed. Reg. 29397) to--
(i) bring the rule into conformance with this division and
the amendments made by this division;
(ii) account for financial institutions' access to
comprehensive beneficial ownership information filed by
corporations and limited liability companies, under threat of
civil and criminal penalties, under this division and the
amendments made by this division; and
(iii) reduce any burdens on financial institutions that
are, in light of the enactment of this division and the
amendments made by this division, unnecessary or duplicative.
(3) Conforming amendments.--Title 31, United States Code,
is amended--
(A) in section 5321(a)--
(i) in paragraph (1), by striking ``sections 5314 and
5315'' each place it appears and inserting ``sections 5314,
5315, and 5333''; and
(ii) in paragraph (6), by inserting ``(except section
5333)'' after ``subchapter'' each place it appears; and
(B) in section 5322, by striking ``section 5315 or 5324''
each place it appears and inserting ``section 5315, 5324, or
5333''.
(4) Table of contents.--The table of contents of chapter 53
of title 31, United States Code, is amended by inserting
after the item relating to section 5332 the following:
``5333. Transparent incorporation practices.''.
(b) Authorization of Appropriations.--There is authorized
to be appropriated $20,000,000 for each of fiscal years 2021
and 2022 to the Financial Crimes Enforcement Network to carry
out this division and the amendments made by this division.
(c) Federal Contractors.--Not later than the first day of
the first full fiscal year beginning at least 1 year after
the date of the enactment of this Act, the Administrator for
Federal Procurement Policy shall revise the Federal
Acquisition Regulation maintained under section 1303(a)(1) of
title 41, United States Code, to require any contractor or
subcontractor who is subject to the requirement to disclose
beneficial ownership information under section 5333 of title
31, United States Code, to provide the information required
to be disclosed under such section to the Federal Government
as part of any bid or proposal for a contract with a value
threshold in excess of the simplified acquisition threshold
under section 134 of title 41, United States Code.
SEC. 6004. STUDIES AND REPORTS.
(a) Updating of Beneficial Ownership Information.--
(1) Study.--The Secretary of the Treasury, in consultation
with the Attorney General of the United States, shall conduct
a study to evaluate--
(A) the necessity of a requirement for corporations and
limited liability companies to update the list of their
beneficial owners within a specified amount of time after the
date of any change in the list of beneficial owners or the
information required to be provided relating to each
beneficial owner, taking into account the annual filings
required under section 5333(a)(1)(B)(i) of title 31, United
States Code, and the information contained in such annual
filings; and
(B) the burden that a requirement to update the list of
beneficial owners within a specified period of time after a
change in such list of beneficial owners would impose on
corporations and limited liability companies.
(2) Report.--Not later than 1 year after the date of
enactment of this Act, the Secretary of the Treasury shall
submit a report on the study required under paragraph (1) to
the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate.
(3) Public comment.--The Secretary of the Treasury shall
seek and consider public input, comments, and data in order
to conduct the study required under subparagraph paragraph
(1).
(b) Other Legal Entities.--Not later than 2 years after the
date of enactment of this Act, the Comptroller General of the
United States shall conduct a study and submit to the
Congress a report--
(1) identifying each State or Indian Tribe that has
procedures that enable persons to form or register under the
laws of the State or Indian Tribe partnerships, trusts, or
other legal entities, and the nature of those procedures;
(2) identifying each State or Indian Tribe that requires
persons seeking to form or register partnerships, trusts, or
other legal entities under the laws of the State or Indian
Tribe to provide information about the beneficial owners (as
that term is defined in section 5333(d)(1) of title 31,
United States Code, as added by this division) or
beneficiaries of such entities, and the nature of the
required information;
(3) evaluating whether the lack of available beneficial
ownership information for partnerships, trusts, or other
legal entities--
(A) raises concerns about the involvement of such entities
in terrorism, money laundering, tax evasion, securities
fraud, or other misconduct;
(B) has impeded investigations into entities suspected of
such misconduct; and
(C) increases the costs to financial institutions of
complying with due diligence requirements imposed under the
Bank Secrecy Act, the USA PATRIOT Act, or other applicable
Federal, State, or Tribal law; and
(4) evaluating whether the failure of the United States to
require beneficial ownership information for partnerships and
trusts formed or registered in the United States has elicited
international criticism and what steps, if any, the United
States has taken or is planning to take in response.
(c) Effectiveness of Incorporation Practices.--Not later
than 5 years after the date of enactment of this Act, the
Comptroller General of the United States shall conduct a
study and submit to the Congress a report assessing the
effectiveness of incorporation practices implemented under
this division and the amendments made by this division in--
(1) providing law enforcement agencies with prompt access
to reliable, useful, and complete beneficial ownership
information; and
(2) strengthening the capability of law enforcement
agencies to combat incorporation abuses, civil and criminal
misconduct, and detect, prevent, or punish terrorism, money
laundering, tax evasion, or other misconduct.
(d) Annual Report on Beneficial Ownership Information.--
(1) Report.--The Secretary of the Treasury shall issue an
annual report to the Committee on Financial Services of the
House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate with respect to the
beneficial ownership information collected pursuant to
section 5333 of title 31, United States Code, that contains--
(A) aggregate data on the number of beneficial owners per
reporting corporation or limited liability company;
(B) the industries or type of business of each reporting
corporation or limited liability company; and
(C) the locations of the beneficial owners.
(2) Privacy.--In issuing reports under paragraph (1), the
Secretary shall not reveal the identities of beneficial
owners or names of the reporting corporations or limited
liability companies.
SEC. 6005. DEFINITIONS.
In this division, the terms ``Bank Secrecy Act'',
``beneficial owner'', ``corporation'', and ``limited
liability company'' have the meaning given those terms,
respectively, under section 5333(d) of title 31, United
States Code.
DIVISION G--COUNTER ACT OF 2019
SEC. 7001. SHORT TITLE; TABLE OF CONTENTS.
(a) Short Title.--This division may be cited as the
``Coordinating Oversight, Upgrading and Innovating
Technology, and Examiner Reform Act of 2019'' or the
``COUNTER Act of 2019''.
(b) Table of Contents.--The table of contents for this
division is as follows:
DIVISION G--COUNTER ACT OF 2019
Sec. 7001. Short title; table of contents.
Sec. 7002. Bank Secrecy Act definition.
TITLE I--STRENGTHENING TREASURY
Sec. 7101. Improving the definition and purpose of the Bank Secrecy
Act.
Sec. 7102. Special hiring authority.
Sec. 7103. Civil Liberties and Privacy Officer.
Sec. 7104. Civil Liberties and Privacy Council.
Sec. 7105. International coordination.
Sec. 7106. Treasury Attaches Program.
Sec. 7107. Increasing technical assistance for international
cooperation.
Sec. 7108. FinCEN Domestic Liaisons.
Sec. 7109. FinCEN Exchange.
Sec. 7110. Study and strategy on trade-based money laundering.
Sec. 7111. Study and strategy on de-risking.
Sec. 7112. AML examination authority delegation study.
Sec. 7113. Study and strategy on Chinese money laundering.
TITLE II--IMPROVING AML/CFT OVERSIGHT
Sec. 7201. Pilot program on sharing of suspicious activity reports
within a financial group.
Sec. 7202. Sharing of compliance resources.
Sec. 7203. GAO Study on feedback loops.
Sec. 7204. FinCEN study on BSA value.
Sec. 7205. Sharing of threat pattern and trend information.
Sec. 7206. Modernization and upgrading whistleblower protections.
Sec. 7207. Certain violators barred from serving on boards of United
States financial institutions.
Sec. 7208. Additional damages for repeat Bank Secrecy Act violators.
Sec. 7209. Justice annual report on deferred and non-prosecution
agreements.
Sec. 7210. Return of profits and bonuses.
Sec. 7211. Application of Bank Secrecy Act to dealers in antiquities.
Sec. 7212. Geographic targeting order.
Sec. 7213. Study and revisions to currency transaction reports and
suspicious activity reports.
Sec. 7214. Streamlining requirements for currency transaction reports
and suspicious activity reports.
TITLE III--MODERNIZING THE AML SYSTEM
Sec. 7301. Encouraging innovation in BSA compliance.
Sec. 7302. Innovation Labs.
Sec. 7303. Innovation Council.
[[Page H3383]]
Sec. 7304. Testing methods rulemaking.
Sec. 7305. FinCEN study on use of emerging technologies.
Sec. 7306. Discretionary surplus funds.
SEC. 7002. BANK SECRECY ACT DEFINITION.
Section 5312(a) of title 31, United States Code, is amended
by adding at the end the following:
``(7) Bank secrecy act.--The term `Bank Secrecy act'
means--
``(A) section 21 of the Federal Deposit Insurance Act;
``(B) chapter 2 of title I of Public Law 91-508; and
``(C) this subchapter.''.
TITLE I--STRENGTHENING TREASURY
SEC. 7101. IMPROVING THE DEFINITION AND PURPOSE OF THE BANK
SECRECY ACT.
Section 5311 of title 31, United States Code, is amended--
(1) by inserting ``to protect our national security, to
safeguard the integrity of the international financial
system, and'' before ``to require''; and
(2) by inserting ``to law enforcement and'' before ``in
criminal''.
SEC. 7102. SPECIAL HIRING AUTHORITY.
(a) In General.--Section 310 of title 31, United States
Code, is amended--
(1) by redesignating subsection (d) as subsection (g); and
(2) by inserting after subsection (c) the following:
``(d) Special Hiring Authority.--
``(1) In general.--The Secretary of the Treasury may
appoint, without regard to the provisions of sections 3309
through 3318 of title 5, candidates directly to positions in
the competitive service (as defined in section 2102 of that
title) in FinCEN.
``(2) Primary responsibilities.--The primary responsibility
of candidates appointed pursuant to paragraph (1) shall be to
provide substantive support in support of the duties
described in subparagraphs (A), (B), (E), and (F) of
subsection (b)(2).''.
(b) Report.--Not later than 360 days after the date of
enactment of this Act, and every year thereafter for 7 years,
the Director of the Financial Crimes Enforcement Network
shall submit a report to the Committee on Financial Services
of the House of Representatives and the Committee on Banking,
Housing, and Urban Affairs of the Senate that includes--
(1) the number of new employees hired since the preceding
report through the authorities described under section 310(d)
of title 31, United States Code, along with position titles
and associated pay grades for such hires; and
(2) a copy of any Federal Government survey of staff
perspectives at the Office of Terrorism and Financial
Intelligence, including findings regarding the Office and the
Financial Crimes Enforcement Network from the most recently
administered Federal Employee Viewpoint Survey.
SEC. 7103. CIVIL LIBERTIES AND PRIVACY OFFICER.
(a) Appointment of Officers.--Not later than the end of the
3-month period beginning on the date of enactment of this
Act, a Civil Liberties and Privacy Officer shall be
appointed, from among individuals who are attorneys with
expertise in data privacy laws--
(1) within each Federal functional regulator, by the head
of the Federal functional regulator;
(2) within the Financial Crimes Enforcement Network, by the
Secretary of the Treasury; and
(3) within the Internal Revenue Service Small Business and
Self-Employed Tax Center, by the Secretary of the Treasury.
(b) Duties.--Each Civil Liberties and Privacy Officer
shall, with respect to the applicable regulator, Network, or
Center within which the Officer is located--
(1) be consulted each time Bank Secrecy Act or anti-money
laundering regulations affecting civil liberties or privacy
are developed or reviewed;
(2) be consulted on information-sharing programs, including
those that provide access to personally identifiable
information;
(3) ensure coordination and clarity between anti-money
laundering, civil liberties, and privacy regulations;
(4) contribute to the evaluation and regulation of new
technologies that may strengthen data privacy and the
protection of personally identifiable information collected
by each Federal functional regulator; and
(5) develop metrics of program success.
(c) Definitions.--For purposes of this section:
(1) Bank secrecy act.--The term ``Bank Secrecy Act'' has
the meaning given that term under section 5312 of title 31,
United States Code.
(2) Federal functional regulator.--The term ``Federal
functional regulator'' means the Board of Governors of the
Federal Reserve System, the Comptroller of the Currency, the
Federal Deposit Insurance Corporation, the National Credit
Union Administration, the Securities and Exchange Commission,
and the Commodity Futures Trading Commission.
SEC. 7104. CIVIL LIBERTIES AND PRIVACY COUNCIL.
(a) Establishment.--There is established the Civil
Liberties and Privacy Council (hereinafter in this section
referred to as the ``Council''), which shall consist of the
Civil Liberties and Privacy Officers appointed pursuant to
section 7103.
(b) Chair.--The Director of the Financial Crimes
Enforcement Network shall serve as the Chair of the Council.
(c) Duty.--The members of the Council shall coordinate on
activities related to their duties as Civil Liberties Privacy
Officers, but may not supplant the individual agency
determinations on civil liberties and privacy.
(d) Meetings.--The meetings of the Council--
(1) shall be at the call of the Chair, but in no case may
the Council meet less than quarterly;
(2) may include open and partially closed sessions, as
determined necessary by the Council; and
(3) shall include participation by public and private
entities, law enforcement agencies, and a representative of
State bank supervisors (as defined under section 3 of the
Federal Deposit Insurance Act (12 U.S.C. 1813)).
(e) Report.--The Chair of the Council shall issue an annual
report to the Congress on the program and policy activities,
including the success of programs as measured by metrics of
program success developed pursuant to section 103(b)(5), of
the Council during the previous year and any legislative
recommendations that the Council may have.
(f) Nonapplicability of FACA.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the Council.
SEC. 7105. INTERNATIONAL COORDINATION.
(a) In General.--The Secretary of the Treasury shall work
with the Secretary's foreign counterparts, including through
the Financial Action Task Force, the International Monetary
Fund, the World Bank, the Egmont Group of Financial
Intelligence Units, the Organisation for Economic Co-
operation and Development, and the United Nations, to promote
stronger anti-money laundering frameworks and enforcement of
anti-money laundering laws.
(b) Cooperation Goal.--In carrying out subsection (a), the
Secretary of the Treasury may work directly with foreign
counterparts and other organizations where the goal of
cooperation can best be met.
(c) International Monetary Fund.--
(1) Support for capacity of the international monetary fund
to prevent money laundering and financing of terrorism.--
Title XVI of the International Financial Institutions Act (22
U.S.C. 262p et seq.) is amended by adding at the end the
following:
``SEC. 1629. SUPPORT FOR CAPACITY OF THE INTERNATIONAL
MONETARY FUND TO PREVENT MONEY LAUNDERING AND
FINANCING OF TERRORISM.
``The Secretary of the Treasury shall instruct the United
States Executive Director at the International Monetary Fund
to support the increased use of the administrative budget of
the Fund for technical assistance that strengthens the
capacity of Fund members to prevent money laundering and the
financing of terrorism.''.
(2) National advisory council report to congress.--The
Chairman of the National Advisory Council on International
Monetary and Financial Policies shall include in the report
required by section 1701 of the International Financial
Institutions Act (22 U.S.C. 262r) a description of--
(A) the activities of the International Monetary Fund in
the most recently completed fiscal year to provide technical
assistance that strengthens the capacity of Fund members to
prevent money laundering and the financing of terrorism, and
the effectiveness of the assistance; and
(B) the efficacy of efforts by the United States to support
such technical assistance through the use of the Fund's
administrative budget, and the level of such support.
(3) Sunset.--Effective on the date that is the end of the
4-year period beginning on the date of enactment of this Act,
section 1629 of the International Financial Institutions Act,
as added by paragraph (1), is repealed.
SEC. 7106. TREASURY ATTACHES PROGRAM.
(a) In General.--Title 31, United States Code, is amended
by inserting after section 315 the following:
``Sec. 316. Treasury Attaches Program
``(a) In General.--There is established the Treasury
Attaches Program, under which the Secretary of the Treasury
shall appoint employees of the Department of the Treasury,
after nomination by the Director of the Financial Crimes
Enforcement Network (`FinCEN'), as a Treasury attache, who
shall--
``(1) be knowledgeable about the Bank Secrecy Act and anti-
money laundering issues;
``(2) be co-located in a United States embassy;
``(3) perform outreach with respect to Bank Secrecy Act and
anti-money laundering issues;
``(4) establish and maintain relationships with foreign
counterparts, including employees of ministries of finance,
central banks, and other relevant official entities;
``(5) conduct outreach to local and foreign financial
institutions and other commercial actors, including--
``(A) information exchanges through FinCEN and FinCEN
programs; and
``(B) soliciting buy-in and cooperation for the
implementation of--
``(i) United States and multilateral sanctions; and
``(ii) international standards on anti-money laundering and
the countering of the financing of terrorism; and
``(6) perform such other actions as the Secretary
determines appropriate.
``(b) Number of Attaches.--The number of Treasury attaches
appointed under this section at any one time shall be not
fewer than
[[Page H3384]]
6 more employees than the number of employees of the
Department of the Treasury serving as Treasury attaches on
March 1, 2020.
``(c) Compensation.--Each Treasury attache appointed under
this section and located at a United States embassy shall
receive compensation at the higher of--
``(1) the rate of compensation provided to a Foreign
Service officer at a comparable career level serving at the
same embassy; or
``(2) the rate of compensation the Treasury attache would
otherwise have received, absent the application of this
subsection.
``(d) Bank Secrecy Act Defined.--In this section, the term
`Bank Secrecy Act' has the meaning given that term under
section 5312.''.
(b) Clerical Amendment.--The table of contents for chapter
3 of title 31, United States Code, is amended by inserting
after the item relating to section 315 the following:
``316. Treasury Attaches Program.''.
SEC. 7107. INCREASING TECHNICAL ASSISTANCE FOR INTERNATIONAL
COOPERATION.
(a) In General.--There is authorized to be appropriated for
each of fiscal years 2021 through 2025 to the Secretary of
the Treasury for purposes of providing technical assistance
that promotes compliance with international standards and
best practices, including in particular those aimed at the
establishment of effective anti-money laundering and
countering the financing of terrorism regimes, in an amount
equal to twice the amount authorized for such purpose for
fiscal year 2020.
(b) Activity and Evaluation Report.--Not later than 360
days after enactment of this Act, and every year thereafter
for five years, the Secretary of the Treasury shall issue a
report to the Congress on the assistance (as described under
subsection (a)) of the Office of Technical Assistance of the
Department of the Treasury containing--
(1) a narrative detailing the strategic goals of the Office
in the previous year, with an explanation of how technical
assistance provided in the previous year advances the goals;
(2) a description of technical assistance provided by the
Office in the previous year, including the objectives and
delivery methods of the assistance;
(3) a list of beneficiaries and providers (other than
Office staff) of the technical assistance;
(4) a description of how technical assistance provided by
the Office complements, duplicates, or otherwise affects or
is affected by technical assistance provided by the
international financial institutions (as defined under
section 1701(c) of the International Financial Institutions
Act); and
(5) a copy of any Federal Government survey of staff
perspectives at the Office of Technical Assistance, including
any findings regarding the Office from the most recently
administered Federal Employee Viewpoint Survey.
SEC. 7108. FINCEN DOMESTIC LIAISONS.
Section 310 of title 31, United States Code, as amended by
section 7102, is further amended by inserting after
subsection (d) the following:
``(e) FinCEN Domestic Liaisons.--
``(1) In general.--The Director of FinCEN shall appoint at
least 6 senior FinCEN employees as FinCEN Domestic Liaisons,
who shall--
``(A) each be assigned to focus on a specific region of the
United States;
``(B) be located at an office in such region (or co-located
at an office of the Board of Governors of the Federal Reserve
System in such region); and
``(C) perform outreach to BSA officers at financial
institutions (including non-bank financial institutions) and
persons who are not financial institutions, especially with
respect to actions taken by FinCEN that require specific
actions by, or have specific effects on, such institutions or
persons, as determined by the Director.
``(2) Definitions.--In this subsection:
``(A) BSA officer.--The term `BSA officer' means an
employee of a financial institution whose primary job
responsibility involves compliance with the Bank Secrecy Act,
as such term is defined under section 5312.
``(B) Financial institution.--The term `financial
institution' has the meaning given that term under section
5312.''.
SEC. 7109. FINCEN EXCHANGE.
Section 310 of title 31, United States Code, as amended by
section 7108, is further amended by inserting after
subsection (e) the following:
``(f) FinCEN Exchange.--
``(1) Establishment.--The FinCEN Exchange is hereby
established within FinCEN, which shall consist of the FinCEN
Exchange program of FinCEN in existence on the day before the
date of enactment of this paragraph.
``(2) Purpose.--The FinCEN Exchange shall facilitate a
voluntary public-private information sharing partnership
among law enforcement, financial institutions, and FinCEN
to--
``(A) effectively and efficiently combat money laundering,
terrorism financing, organized crime, and other financial
crimes;
``(B) protect the financial system from illicit use; and
``(C) promote national security.
``(3) Report.--
``(A) In general.--Not later than one year after the date
of enactment of this subsection, and annually thereafter for
the next five years, the Secretary of the Treasury shall
submit to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate a report containing--
``(i) an analysis of the efforts undertaken by the FinCEN
Exchange and the results of such efforts;
``(ii) an analysis of the extent and effectiveness of the
FinCEN Exchange, including any benefits realized by law
enforcement from partnership with financial institutions; and
``(iii) any legislative, administrative, or other
recommendations the Secretary may have to strengthen FinCEN
Exchange efforts.
``(B) Classified annex.--Each report under subparagraph (A)
may include a classified annex.
``(4) Information sharing requirement.--Information shared
pursuant to this subsection shall be shared in compliance
with all other applicable Federal laws and regulations.
``(5) Rule of construction.--Nothing under this subsection
may be construed to create new information sharing
authorities related to the Bank Secrecy Act (as such term is
defined under section 5312 of title 31, United States Code).
``(6) Financial institution defined.--In this subsection,
the term `financial institution' has the meaning given that
term under section 5312.''.
SEC. 7110. STUDY AND STRATEGY ON TRADE-BASED MONEY
LAUNDERING.
(a) Study.--The Secretary of the Treasury shall carry out a
study, in consultation with appropriate private sector
stakeholders and Federal departments and agencies, on trade-
based money laundering.
(b) Report.--Not later than the end of the 1-year period
beginning on the date of the enactment of this Act, the
Secretary shall issue a report to the Congress containing--
(1) all findings and determinations made in carrying out
the study required under subsection (a); and
(2) proposed strategies to combat trade-based money
laundering.
(c) Classified Annex.--The report required under this
section may include a classified annex.
(d) Contracting Authority.--The Secretary may contract with
a private third-party to carry out the study required under
this section. The authority of the Secretary to enter into
contracts under this subsection shall be in effect for each
fiscal year only to the extent and in the amounts as are
provided in advance in appropriations Acts.
SEC. 7111. STUDY AND STRATEGY ON DE-RISKING.
(a) Review.--The Secretary of the Treasury, in consultation
with appropriate private sector stakeholders, examiners, the
Federal functional regulators (as defined under section
7103), State bank supervisors, and other relevant
stakeholders, shall undertake a formal review of--
(1) any adverse consequences of financial institutions de-
risking entire categories of relationships, including
charities, embassy accounts, money services businesses (as
defined under section 1010.100(ff) of title 31, Code of
Federal Regulations) and their agents, countries,
international and domestic regions, and respondent banks;
(2) the reasons why financial institutions are engaging in
de-risking;
(3) the association with and effects of de-risking on money
laundering and financial crime actors and activities;
(4) the most appropriate ways to promote financial
inclusion, particularly with respect to developing countries,
while maintaining compliance with the Bank Secrecy Act,
including an assessment of policy options to--
(A) more effectively tailor Federal actions and penalties
to the size of foreign financial institutions and any
capacity limitations of foreign governments; and
(B) reduce compliance costs that may lead to the adverse
consequences described in paragraph (1);
(5) formal and informal feedback provided by examiners that
may have led to de-risking;
(6) the relationship between resources dedicated to
compliance and overall sophistication of compliance efforts
at entities that may be experiencing de-risking versus those
that have not experienced de-risking; and
(7) any best practices from the private sector that
facilitate correspondent bank relationships.
(b) De-risking Strategy.--The Secretary shall develop a
strategy to reduce de-risking and adverse consequences
related to de-risking.
(c) Report.--Not later than the end of the 1-year period
beginning on the date of the enactment of this Act, the
Secretary, in consultation with the Federal functional
regulators, State bank supervisors, and other relevant
stakeholders, shall issue a report to the Congress
containing--
(1) all findings and determinations made in carrying out
the study required under subsection (a); and
(2) the strategy developed pursuant to subsection (b).
(d) Definitions.--In this section:
(1) De-risking.--The term ``de-risking'' means the
wholesale closing of accounts or limiting of financial
services for a category of customer due to unsubstantiated
risk as it relates to compliance with the Bank Secrecy Act.
[[Page H3385]]
(2) BSA terms.--The terms ``Bank Secrecy Act'' and
``financial institution'' have the meaning given those terms,
respectively, under section 5312 off title 31, United States
Code.
(3) State bank supervisor.--The term ``State bank
supervisor'' has the meaning given that term under section 3
of the Federal Deposit Insurance Act (12 U.S.C. 1813).
SEC. 7112. AML EXAMINATION AUTHORITY DELEGATION STUDY.
(a) Study.--The Secretary of the Treasury, in consultation
with State bank supervisors (as defined under section 3 of
the Federal Deposit Insurance Act (12 U.S.C. 1813)) and other
relevant stakeholders, shall carry out a study on the
Secretary's delegation of examination authority under the
Bank Secrecy Act, including--
(1) an evaluation of the efficacy of the delegation,
especially with respect to the mission of the Bank Secrecy
Act;
(2) whether the delegated agencies have appropriate
resources to perform their delegated responsibilities; and
(3) whether the examiners in delegated agencies have
sufficient training and support to perform their
responsibilities.
(b) Report.--Not later than one year after the date of
enactment of this Act, the Secretary of the Treasury shall
submit to the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate a report containing--
(1) all findings and determinations made in carrying out
the study required under subsection (a); and
(2) recommendations to improve the efficacy of delegation
authority, including the potential for de-delegation of any
or all such authority where it may be appropriate.
(c) Bank Secrecy Act Defined.--The term ``Bank Secrecy
Act'' has the meaning given that term under section 5312 off
title 31, United States Code.
SEC. 7113. STUDY AND STRATEGY ON CHINESE MONEY LAUNDERING.
(a) Study.--The Secretary of the Treasury shall carry out a
study on the extent and effect of Chinese money laundering
activities in the United States, including territories and
possessions of the United States, and worldwide.
(b) Strategy to Combat Chinese Money Laundering.--Upon the
completion of the study required under subsection (a), the
Secretary shall, in consultation with such other Federal
departments and agencies as the Secretary determines
appropriate, develop a strategy to combat Chinese money
laundering activities.
(c) Report.--Not later than the end of the 1-year period
beginning on the date of enactment of this Act, the Secretary
of the Treasury shall issue a report to Congress containing--
(1) all findings and determinations made in carrying out
the study required under subsection (a); and
(2) the strategy developed under subsection (b).
TITLE II--IMPROVING AML/CFT OVERSIGHT
SEC. 7201. PILOT PROGRAM ON SHARING OF SUSPICIOUS ACTIVITY
REPORTS WITHIN A FINANCIAL GROUP.
(a) In General.--
(1) Sharing with foreign branches and affiliates.--Section
5318(g) of title 31, United States Code, is amended by adding
at the end the following:
``(5) Pilot program on sharing with foreign branches,
subsidiaries, and affiliates.--
``(A) In general.--The Secretary of the Treasury shall
issue rules establishing the pilot program described under
subparagraph (B), subject to such controls and restrictions
as the Director of the Financial Crimes Enforcement Network
determines appropriate, including controls and restrictions
regarding participation by financial institutions and
jurisdictions in the pilot program. In prescribing such
rules, the Secretary shall ensure that the sharing of
information described under such subparagraph (B) is subject
to appropriate standards and requirements regarding data
security and the confidentiality of personally identifiable
information.
``(B) Pilot program described.--The pilot program required
under this paragraph shall--
``(i) permit a financial institution with a reporting
obligation under this subsection to share reports (and
information on such reports) under this subsection with the
institution's foreign branches, subsidiaries, and affiliates
for the purpose of combating illicit finance risks,
notwithstanding any other provision of law except
subparagraphs (A) and (C);
``(ii) terminate on the date that is five years after the
date of enactment of this paragraph, except that the
Secretary may extend the pilot program for up to two years
upon submitting a report to the Committee on Financial
Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate that
includes--
``(I) a certification that the extension is in the national
interest of the United States, with a detailed explanation of
the reasons therefor;
``(II) an evaluation of the usefulness of the pilot
program, including a detailed analysis of any illicit
activity identified or prevented as a result of the program;
and
``(III) a detailed legislative proposal providing for a
long-term extension of the pilot program activities,
including expected budgetary resources for the activities, if
the Secretary determines that a long-term extension is
appropriate.
``(C) Prohibition involving certain jurisdictions.--In
issuing the regulations required under subparagraph (A), the
Secretary may not permit a financial institution to share
information on reports under this subsection with a foreign
branch, subsidiary, or affiliate located in--
``(i) the People's Republic of China;
``(ii) the Russian Federation; or
``(iii) a jurisdiction that--
``(I) is subject to countermeasures imposed by the Federal
Government;
``(II) is a state sponsor of terrorism; or
``(III) the Secretary has determined cannot reasonably
protect the privacy and confidentiality of such information
or would otherwise use such information in a manner that is
not consistent with the national interest of the United
States.
``(D) Implementation updates.--Not later than 360 days
after the date rules are issued under subparagraph (A), and
annually thereafter for three years, the Secretary, or the
Secretary's designee, shall brief the Committee on Financial
Services of the House of Representatives and the Committee on
Banking, Housing, and Urban Affairs of the Senate on--
``(i) the degree of any information sharing permitted under
the pilot program, and a description of criteria used by the
Secretary to evaluate the appropriateness of the information
sharing;
``(ii) the effectiveness of the pilot program in
identifying or preventing the violation of a United States
law or regulation, and mechanisms that may improve such
effectiveness; and
``(iii) any recommendations to amend the design of the
pilot program.
``(E) Rule of construction.--Nothing in this paragraph
shall be construed as limiting the Secretary's authority
under provisions of law other than this paragraph to
establish other permissible purposes or methods for a
financial institution sharing reports (and information on
such reports) under this subsection with the institution's
foreign headquarters or with other branches of the same
institution.
``(F) Notice of use of other authority.--If the Secretary,
pursuant to any authority other than that provided under this
paragraph, permits a financial institution to share
information on reports under this subsection with a foreign
branch, subsidiary, or affiliate located in a foreign
jurisdiction, the Secretary shall notify the Committee on
Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of such
permission and the applicable foreign jurisdiction.
``(6) Treatment of foreign jurisdiction-originated
reports.--A report received by a financial institution from a
foreign affiliate with respect to a suspicious transaction
relevant to a possible violation of law or regulation shall
be subject to the same confidentiality requirements provided
under this subsection for a report of a suspicious
transaction described under paragraph (1).''.
(2) Notification prohibitions.--Section 5318(g)(2)(A) of
title 31, United States Code, is amended--
(A) in clause (i), by inserting after ``transaction has
been reported'' the following: ``or otherwise reveal any
information that would reveal that the transaction has been
reported''; and
(B) in clause (ii), by inserting after ``transaction has
been reported,'' the following: ``or otherwise reveal any
information that would reveal that the transaction has been
reported,''.
(b) Rulemaking.--Not later than the end of the 360-day
period beginning on the date of enactment of this Act, the
Secretary of the Treasury shall issue regulations to carry
out the amendments made by this section.
SEC. 7202. SHARING OF COMPLIANCE RESOURCES.
(a) In General.--Section 5318 of title 31, United States
Code, is amended by adding at the end the following:
``(o) Sharing of Compliance Resources.--
``(1) Sharing permitted.--Two or more financial
institutions may enter into collaborative arrangements in
order to more efficiently comply with the requirements of
this subchapter.
``(2) Outreach.--The Secretary of the Treasury and the
appropriate supervising agencies shall carry out an outreach
program to provide financial institutions with information,
including best practices, with respect to the sharing of
resources described under paragraph (1).''.
(b) Rule of Construction.--The amendment made by subsection
(a) may not be construed to require financial institutions to
share resources.
SEC. 7203. GAO STUDY ON FEEDBACK LOOPS.
(a) Study.--The Comptroller General of the United States
shall carry out a study on--
(1) best practices within the United States Government for
providing feedback (``feedback loop'') to relevant parties
(including regulated private entities) on the usage and
usefulness of personally identifiable information (``PII''),
sensitive-but-unclassified (``SBU'') data, or similar
information provided by such parties to Government users of
such information and data (including law enforcement or
regulators); and
[[Page H3386]]
(2) any practices or standards inside or outside the United
States for providing feedback through sensitive information
and public-private partnership information sharing efforts,
specifically related to efforts to combat money laundering
and other forms of illicit finance.
(b) Report.--Not later than the end of the 18-month period
beginning on the date of the enactment of this Act, the
Comptroller General shall issue a report to the Committee on
Banking, Housing, and Urban Affairs of the Senate and the
Committee on Financial Services of the House of
Representatives containing--
(1) all findings and determinations made in carrying out
the study required under subsection (a);
(2) with respect to each of paragraphs (1) and (2) of
subsection (a), any best practices or significant concerns
identified by the Comptroller General, and their
applicability to public-private partnerships and feedback
loops with respect to United States efforts to combat money
laundering and other forms of illicit finance; and
(3) recommendations to reduce or eliminate any unnecessary
Government collection of the information described under
subsection (a)(1).
SEC. 7204. FINCEN STUDY ON BSA VALUE.
(a) Study.--The Director of the Financial Crimes
Enforcement Network shall carry out a study on Bank Secrecy
Act value.
(b) Report.--Not later than the end of the 30-day period
beginning on the date the study under subsection (a) is
completed, the Director shall issue a report to the Committee
on Financial Services of the House of Representatives and the
Committee on Banking, Housing, and Urban Affairs of the
Senate containing all findings and determinations made in
carrying out the study required under this section.
(c) Classified Annex.--The report required under this
section may include a classified annex, if the Director
determines it appropriate.
(d) Bank Secrecy Act Defined.--For purposes of this
section, the term ``Bank Secrecy Act'' has the meaning given
that term under section 5312 of title 31, United States Code.
SEC. 7205. SHARING OF THREAT PATTERN AND TREND INFORMATION.
Section 5318(g) of title 31, United States Code, as amended
by section 7201(a)(1), is further amended by adding at the
end the following:
``(7) Sharing of threat pattern and trend information.--
``(A) SAR activity review.--The Director of the Financial
Crimes Enforcement Network shall restart publication of the
`SAR Activity Review - Trends, Tips & Issues', on not less
than a semi-annual basis, to provide meaningful information
about the preparation, use, and value of reports filed under
this subsection by financial institutions, as well as other
reports filed by financial institutions under the Bank
Secrecy Act.
``(B) Inclusion of typologies.--In each publication
described under subparagraph (A), the Director shall provide
financial institutions with typologies, including data that
can be adapted in algorithms (including for artificial
intelligence and machine learning programs) where
appropriate, on emerging money laundering and counter terror
financing threat patterns and trends.
``(C) Typology defined.--For purposes of this paragraph,
the term `typology' means the various techniques used to
launder money or finance terrorism.''.
SEC. 7206. MODERNIZATION AND UPGRADING WHISTLEBLOWER
PROTECTIONS.
(a) Rewards.--Section 5323(d) of title 31, United States
Code, is amended to read as follows:
``(d) Source of Rewards.--For the purposes of paying a
reward under this section, the Secretary may, subject to
amounts made available in advance by appropriation Acts, use
criminal fine, civil penalty, or forfeiture amounts recovered
based on the original information with respect to which the
reward is being paid.''.
(b) Whistleblower Incentives.--Chapter 53 of title 31,
United States Code, is amended--
(1) by inserting after section 5323 the following:
``Sec. 5323A. Whistleblower incentives
``(a) Definitions.--In this section:
``(1) Covered judicial or administrative action.--The term
`covered judicial or administrative action' means any
judicial or administrative action brought by FinCEN under the
Bank Secrecy Act that results in monetary sanctions exceeding
$1,000,000.
``(2) FinCEN.--The term `FinCEN' means the Financial Crimes
Enforcement Network.
``(3) Monetary sanctions.--The term `monetary sanctions',
when used with respect to any judicial or administrative
action, means--
``(A) any monies, including penalties, disgorgement, and
interest, ordered to be paid; and
``(B) any monies deposited into a disgorgement fund as a
result of such action or any settlement of such action.
``(4) Original information.--The term `original
information' means information that--
``(A) is derived from the independent knowledge or analysis
of a whistleblower;
``(B) is not known to FinCEN from any other source, unless
the whistleblower is the original source of the information;
and
``(C) is not exclusively derived from an allegation made in
a judicial or administrative hearing, in a governmental
report, hearing, audit, or investigation, or from the news
media, unless the whistleblower is a source of the
information.
``(5) Related action.--The term `related action', when used
with respect to any judicial or administrative action brought
by FinCEN, means any judicial or administrative action that
is based upon original information provided by a
whistleblower that led to the successful enforcement of the
action.
``(6) Secretary.--The term `Secretary' means the Secretary
of the Treasury.
``(7) Whistleblower.--The term `whistleblower' means any
individual who provides, or 2 or more individuals acting
jointly who provide, information relating to a violation of
laws enforced by FinCEN, in a manner established, by rule or
regulation, by FinCEN.
``(b) Awards.--
``(1) In general.--In any covered judicial or
administrative action, or related action, the Secretary,
under such rules as the Secretary may issue and subject to
subsection (c), shall pay an award or awards to 1 or more
whistleblowers who voluntarily provided original information
to FinCEN that led to the successful enforcement of the
covered judicial or administrative action, or related action,
in an aggregate amount equal to not more than 30 percent, in
total, of what has been collected of the monetary sanctions
imposed in the action.
``(2) Source of awards.--For the purposes of paying any
award under paragraph (1), the Secretary may, subject to
amounts made available in advance by appropriation Acts, use
monetary sanction amounts recovered based on the original
information with respect to which the award is being paid.
``(c) Determination of Amount of Award; Denial of Award.--
``(1) Determination of amount of award.--
``(A) Discretion.--The determination of the amount of an
award made under subsection (b) shall be in the discretion of
the Secretary.
``(B) Criteria.--In responding to a disclosure and
determining the amount of an award made, FinCEN staff shall
meet with the whistleblower to discuss evidence disclosed and
rebuttals to the disclosure, and shall take into
consideration--
``(i) the significance of the information provided by the
whistleblower to the success of the covered judicial or
administrative action;
``(ii) the degree of assistance provided by the
whistleblower and any legal representative of the
whistleblower in a covered judicial or administrative action;
``(iii) the mission of FinCEN in deterring violations of
the law by making awards to whistleblowers who provide
information that lead to the successful enforcement of such
laws; and
``(iv) such additional relevant factors as the Secretary
may establish by rule.
``(2) Denial of award.--No award under subsection (b) shall
be made--
``(A) to any whistleblower who is, or was at the time the
whistleblower acquired the original information submitted to
FinCEN, a member, officer, or employee of--
``(i) an appropriate regulatory agency;
``(ii) the Department of Justice;
``(iii) a self-regulatory organization; or
``(iv) a law enforcement organization;
``(B) to any whistleblower who is convicted of a criminal
violation, or who the Secretary has a reasonable basis to
believe committed a criminal violation, related to the
judicial or administrative action for which the whistleblower
otherwise could receive an award under this section;
``(C) to any whistleblower who gains the information
through the performance of an audit of financial statements
required under the Bank Secrecy Act and for whom such
submission would be contrary to its requirements; or
``(D) to any whistleblower who fails to submit information
to FinCEN in such form as the Secretary may, by rule,
require.
``(3) Statement of reasons.--For any decision granting or
denying an award, the Secretary shall provide to the
whistleblower a statement of reasons that includes findings
of fact and conclusions of law for all material issues.
``(d) Representation.--
``(1) Permitted representation.--Any whistleblower who
makes a claim for an award under subsection (b) may be
represented by counsel.
``(2) Required representation.--
``(A) In general.--Any whistleblower who anonymously makes
a claim for an award under subsection (b) shall be
represented by counsel if the whistleblower anonymously
submits the information upon which the claim is based.
``(B) Disclosure of identity.--Prior to the payment of an
award, a whistleblower shall disclose their identity and
provide such other information as the Secretary may require,
directly or through counsel for the whistleblower.
``(e) Appeals.--Any determination made under this section,
including whether, to whom, or in what amount to make awards,
shall be in the discretion of the Secretary. Any such
determination, except the determination of the amount of an
award if the award was made in accordance with subsection
(b), may be appealed to the appropriate court of appeals of
the United States not more than 30 days after the
determination is issued by the Secretary. The court shall
review the determination made by the
[[Page H3387]]
Secretary in accordance with section 706 of title 5.
``(f) Employee Protections.--The Secretary of the Treasury
shall issue regulations protecting a whistleblower from
retaliation, which shall be as close as practicable to the
employee protections provided for under section 1057 of the
Consumer Financial Protection Act of 2010.''; and
(2) in the table of contents for such chapter, by inserting
after the item relating to section 5323 the following new
item:
``5323A. Whistleblower incentives.''.
SEC. 7207. CERTAIN VIOLATORS BARRED FROM SERVING ON BOARDS OF
UNITED STATES FINANCIAL INSTITUTIONS.
Section 5321 of title 31, United States Code, is amended by
adding at the end the following:
``(f) Certain Violators Barred From Serving on Boards of
United States Financial Institutions.--
``(1) In general.--An individual found to have committed an
egregious violation of a provision of (or rule issued under)
the Bank Secrecy Act shall be barred from serving on the
board of directors of a United States financial institution
for a 10-year period beginning on the date of such finding.
``(2) Egregious violation defined.--With respect to an
individual, the term `egregious violation' means--
``(A) a felony criminal violation for which the individual
was convicted; and
``(B) a civil violation where the individual willfully
committed such violation and the violation facilitated money
laundering or the financing of terrorism.''.
SEC. 7208. ADDITIONAL DAMAGES FOR REPEAT BANK SECRECY ACT
VIOLATORS.
(a) In General.--Section 5321 of title 31, United States
Code, as amended by section 7208, is further amended by
adding at the end the following:
``(g) Additional Damages for Repeat Violators.--In addition
to any other fines permitted by this section and section
5322, with respect to a person who has previously been
convicted of a criminal provision of (or rule issued under)
the Bank Secrecy Act or who has admitted, as part of a
deferred- or non-prosecution agreement, to having previously
committed a violation of a criminal provision of (or rule
issued under) the Bank Secrecy Act, the Secretary may impose
an additional civil penalty against such person for each
additional such violation in an amount equal to up three
times the profit gained or loss avoided by such person as a
result of the violation.''.
(b) Prospective Application of Amendment.--For purposes of
determining whether a person has committed a previous
violation under section 5321(g) of title 31, United States
Code, such determination shall only include violations
occurring after the date of enactment of this Act.
SEC. 7209. JUSTICE ANNUAL REPORT ON DEFERRED AND NON-
PROSECUTION AGREEMENTS.
(a) Annual Report.--The Attorney General shall issue an
annual report, every year for the five years beginning on the
date of enactment of this Act, to the Committees on Financial
Services and the Judiciary of the House of Representatives
and the Committees on Banking, Housing, and Urban Affairs and
the Judiciary of the Senate containing--
(1) a list of deferred prosecution agreements and non-
prosecution agreements that the Attorney General has entered
into during the previous year with any person with respect to
a violation or suspected violation of the Bank Secrecy Act;
(2) the justification for entering into each such
agreement;
(3) the list of factors that were taken into account in
determining that the Attorney General should enter into each
such agreement; and
(4) the extent of coordination the Attorney General
conducted with the Financial Crimes Enforcement Network prior
to entering into each such agreement.
(b) Classified Annex.--Each report under subsection (a) may
include a classified annex.
(c) Bank Secrecy Act Defined.--For purposes of this
section, the term ``Bank Secrecy Act'' has the meaning given
that term under section 5312 of title 31, United States Code.
SEC. 7210. RETURN OF PROFITS AND BONUSES.
(a) In General.--Section 5322 of title 31, United States
Code, is amended by adding at the end the following:
``(e) Return of Profits and Bonuses.--A person convicted of
violating a provision of (or rule issued under) the Bank
Secrecy Act shall--
``(1) in addition to any other fine under this section, be
fined in an amount equal to the profit gained by such person
by reason of such violation, as determined by the court; and
``(2) if such person is an individual who was a partner,
director, officer, or employee of a financial institution at
the time the violation occurred, repay to such financial
institution any bonus paid to such individual during the
Federal fiscal year in which the violation occurred or the
Federal fiscal year after which the violation occurred.''.
(b) Rule of Construction.--The amendment made by subsection
(a) may not be construed to prohibit a financial institution
from requiring the repayment of a bonus paid to a partner,
director, officer, or employee if the financial institution
determines that the partner, director, officer, or employee
engaged in unethical, but non-criminal, activities.
SEC. 7211. APPLICATION OF BANK SECRECY ACT TO DEALERS IN
ANTIQUITIES.
(a) In General.--Section 5312(a)(2) of title 31, United
States Code, is amended--
(1) in subparagraph (Y), by striking ``or'' at the end;
(2) by redesignating subparagraph (Z) as subparagraph (AA);
and
(3) by inserting after subsection (Y) the following:
``(Z) a person trading or acting as an intermediary in the
trade of antiquities, including an advisor, consultant or any
other person who engages as a business in the solicitation of
the sale of antiquities; or''.
(b) Study on the Facilitation of Money Laundering and
Terror Finance Through the Trade of Works of Art or
Antiquities.--
(1) Study.--The Secretary of the Treasury, in coordination
with Federal Bureau of Investigation, the Attorney General,
and Homeland Security Investigations, shall perform a study
on the facilitation of money laundering and terror finance
through the trade of works of art or antiquities, including
an analysis of--
(A) the extent to which the facilitation of money
laundering and terror finance through the trade of works of
art or antiquities may enter or affect the financial system
of the United States, including any qualitative data or
statistics;
(B) whether thresholds and definitions should apply in
determining which entities to regulate;
(C) an evaluation of which markets, by size, entity type,
domestic or international geographical locations, or
otherwise, should be subject to regulations, but only to the
extent such markets are not already required to report on the
trade of works of art or antiquities to the Federal
Government;
(D) an evaluation of whether certain exemptions should
apply; and
(E) any other points of study or analysis the Secretary
determines necessary or appropriate.
(2) Report.--Not later than the end of the 180-day period
beginning on the date of the enactment of this Act, the
Secretary of the Treasury shall issue a report to the
Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate containing all findings and
determinations made in carrying out the study required under
paragraph (1).
(c) Rulemaking.--Not later than the end of the 180-day
period beginning on the date the Secretary issues the report
required under subsection (b)(2), the Secretary shall issue
regulations to carry out the amendments made by subsection
(a).
SEC. 7212. GEOGRAPHIC TARGETING ORDER.
The Secretary of the Treasury shall issue a geographic
targeting order, similar to the order issued by the Financial
Crimes Enforcement Network on November 15, 2018, that--
(1) applies to commercial real estate to the same extent,
with the exception of having the same thresholds, as the
order issued by FinCEN on November 15, 2018, applies to
residential real estate; and
(2) establishes a specific threshold for commercial real
estate.
SEC. 7213. STUDY AND REVISIONS TO CURRENCY TRANSACTION
REPORTS AND SUSPICIOUS ACTIVITY REPORTS.
(a) Currency Transaction Reports.--
(1) CTR indexed for inflation.--
(A) In general.--Every 5 years after the date of enactment
of this Act, the Secretary of the Treasury shall revise
regulations issued with respect to section 5313 of title 31,
United States Code, to update each $10,000 threshold amount
in such regulation to reflect the change in the Consumer
Price Index for All Urban Consumers published by the
Department of Labor, rounded to the nearest $100. For
purposes of calculating the change described in the previous
sentence, the Secretary shall use $10,000 as the base amount
and the date of enactment of this Act as the base date.
(B) Exception.--Notwithstanding subparagraph (A), the
Secretary may make appropriate adjustments to the threshold
amounts described under subparagraph (A) in high-risk areas
(e.g., High Intensity Financial Crime Areas or HIFCAs), if
the Secretary has demonstrable evidence that shows a
threshold raise would increase serious crimes, such as
trafficking, or endanger national security.
(2) GAO ctr study.--
(A) Study.--The Comptroller General of the United States
shall carry out a study of currency transaction reports. Such
study shall include--
(i) a review (carried out in consultation with the
Secretary of the Treasury, the Financial Crimes Enforcement
Network, the United States Attorney General, the State
Attorneys General, and State, Tribal, and local law
enforcement) of the effectiveness of the current currency
transaction reporting regime;
(ii) an analysis of the importance of currency transaction
reports to law enforcement; and
(iii) an analysis of the effects of raising the currency
transaction report threshold.
(B) Report.--Not later than the end of the 1-year period
beginning on the date of enactment of this Act, the
Comptroller General shall issue a report to the Secretary of
the Treasury and the Congress containing--
(i) all findings and determinations made in carrying out
the study required under subparagraph (A); and
[[Page H3388]]
(ii) recommendations for improving the current currency
transaction reporting regime.
(b) Modified SARs Study and Design.--
(1) Study.--The Director of the Financial Crimes
Enforcement Network shall carry out a study, in consultation
with industry stakeholders (including money services
businesses, community banks, and credit unions), the Federal
functional regulators, State bank supervisors, and law
enforcement, of the design of a modified suspicious activity
report form for certain customers and activities. Such study
shall include--
(A) an examination of appropriate optimal SARs thresholds
to determine the level at which a modified SARs form could be
employed;
(B) an evaluation of which customers or transactions would
be appropriate for a modified SAR, including--
(i) seasoned business customers;
(ii) financial technology (Fintech) firms;
(iii) structuring transactions; and
(iv) any other customer or transaction that may be
appropriate for a modified SAR; and
(C) an analysis of the most effective methods to reduce the
regulatory burden imposed on financial institutions in
complying with the Bank Secrecy Act, including an analysis of
the effect of--
(i) modifying thresholds;
(ii) shortening forms;
(iii) combining Bank Secrecy Act forms;
(iv) filing reports in periodic batches; and
(v) any other method that may reduce the regulatory burden.
(2) Study considerations.--In carrying out the study
required under paragraph (1), the Director shall seek to
balance law enforcement priorities, regulatory burdens
experienced by financial institutions, and the requirement
for reports to have a ``high degree of usefulness to law
enforcement'' under the Bank Secrecy Act.
(3) Report.--Not later than the end of the 1-year period
beginning on the date of enactment of this Act, the Director
shall issue a report to Congress containing--
(A) all findings and determinations made in carrying out
the study required under subsection (a); and
(B) sample designs of modified SARs forms based on the
study results.
(4) Contracting authority.--The Director may contract with
a private third-party to carry out the study required under
this subsection. The authority of the Director to enter into
contracts under this paragraph shall be in effect for each
fiscal year only to the extent and in the amounts as are
provided in advance in appropriations Acts.
(c) Definitions.--For purposes of this section:
(1) Bank secrecy act.--The term ``Bank Secrecy Act'' has
the meaning given that term under section 5312 of title 31,
United States Code.
(2) Federal functional regulator.--The term ``Federal
functional regulator'' has the meaning given that term under
section 7103.
(3) Regulatory burden.--The term ``regulatory burden''
means the man-hours to complete filings, cost of data
collection and analysis, and other considerations of chapter
35 of title 44, United States Code (commonly referred to as
the Paperwork Reduction Act).
(4) SAR; suspicious activity report.--The term ``SAR'' and
``suspicious activity report'' mean a report of a suspicious
transaction under section 5318(g) of title 31, United States
Code.
(5) Seasoned business customer.--The term ``seasoned
business customer'', shall have such meaning as the Secretary
of the Treasury shall prescribe, which shall include any
person that--
(A) is incorporated or organized under the laws of the
United States or any State, or is registered as, licensed by,
or otherwise eligible to do business within the United
States, a State, or political subdivision of a State;
(B) has maintained an account with a financial institution
for a length of time as determined by the Secretary; and
(C) meet such other requirements as the Secretary may
determine necessary or appropriate.
(6) State bank supervisor.--The term ``State bank
supervisor'' has the meaning given that term under section 3
of the Federal Deposit Insurance Act (12 U.S.C. 1813).
SEC. 7214. STREAMLINING REQUIREMENTS FOR CURRENCY TRANSACTION
REPORTS AND SUSPICIOUS ACTIVITY REPORTS.
(a) Review.--The Secretary of the Treasury (in consultation
with Federal law enforcement agencies, the Director of
National Intelligence, the Federal functional regulators,
State bank supervisors, and other relevant stakeholders)
shall undertake a formal review of the current financial
institution reporting requirements under the Bank Secrecy Act
and its implementing regulations and propose changes to
further reduce regulatory burdens, and ensure that the
information provided is of a ``high degree of usefulness'' to
law enforcement, as set forth under section 5311 of title 31,
United States Code.
(b) Contents.--The review required under subsection (a)
shall include a study of--
(1) whether the timeframe for filing a suspicious activity
report should be increased from 30 days;
(2) whether or not currency transaction report and
suspicious activity report thresholds should be tied to
inflation or otherwise periodically be adjusted;
(3) whether the circumstances under which a financial
institution determines whether to file a ``continuing
suspicious activity report'', or the processes followed by a
financial institution in determining whether to file a
``continuing suspicious activity report'' (or both) can be
narrowed;
(4) analyzing the fields designated as ``critical'' on the
suspicious activity report form and whether the number of
fields should be reduced;
(5) the increased use of exemption provisions to reduce
currency transaction reports that are of little or no value
to law enforcement efforts;
(6) the current financial institution reporting
requirements under the Bank Secrecy Act and its implementing
regulations and guidance; and
(7) such other items as the Secretary determines
appropriate.
(c) Report.--Not later than the end of the one year period
beginning on the date of the enactment of this Act, the
Secretary of the Treasury, in consultation with law
enforcement and persons subject to Bank Secrecy Act
requirements, shall issue a report to the Congress containing
all findings and determinations made in carrying out the
review required under subsection (a).
(d) Definitions.--For purposes of this section:
(1) Federal functional regulator.--The term ``Federal
functional regulator'' has the meaning given that term under
section 7103.
(2) State bank supervisor.--The term ``State bank
supervisor'' has the meaning given that term under section 3
of the Federal Deposit Insurance Act (12 U.S.C. 1813).
(3) Other terms.--The terms ``Bank Secrecy Act'' and
``financial institution'' have the meaning given those terms,
respectively, under section 5312 of title 31, United States
Code.
TITLE III--MODERNIZING THE AML SYSTEM
SEC. 7301. ENCOURAGING INNOVATION IN BSA COMPLIANCE.
Section 5318 of title 31, United States Code, as amended by
section 7202, is further amended by adding at the end the
following:
``(p) Encouraging Innovation in Compliance.--
``(1) In general.--The Federal functional regulators shall
encourage financial institutions to consider, evaluate, and,
where appropriate, responsibly implement innovative
approaches to meet the requirements of this subchapter,
including through the use of innovation pilot programs.
``(2) Exemptive relief.--The Secretary, pursuant to
subsection (a), may provide exemptions from the requirements
of this subchapter if the Secretary determines such
exemptions are necessary to facilitate the testing and
potential use of new technologies and other innovations.
``(3) Rule of construction.--This subsection may not be
construed to require financial institutions to consider,
evaluate, or implement innovative approaches to meet the
requirements of the Bank Secrecy Act.
``(4) Federal functional regulator defined.--In this
subsection, the term `Federal functional regulator' means the
Board of Governors of the Federal Reserve System, the
Comptroller of the Currency, the Federal Deposit Insurance
Corporation, the National Credit Union Administration, the
Securities and Exchange Commission, and the Commodity Futures
Trading Commission.''.
SEC. 7302. INNOVATION LABS.
(a) In General.--Subchapter II of chapter 53 of title 31,
United States Code, is amended by adding at the end the
following:
``Sec. 5333. Innovation Labs
``(a) Establishment.--There is established within the
Department of the Treasury and each Federal functional
regulator an Innovation Lab.
``(b) Director.--The head of each Innovation Lab shall be a
Director, to be appointed by the Secretary of the Treasury or
the head of the Federal functional regulator, as applicable.
``(c) Duties.--The duties of the Innovation Lab shall be--
``(1) to provide outreach to law enforcement agencies,
State bank supervisors, financial institutions, and other
persons (including vendors and technology companies) with
respect to innovation and new technologies that may be used
to comply with the requirements of the Bank Secrecy Act;
``(2) to support the implementation of responsible
innovation and new technology, in a manner that complies with
the requirements of the Bank Secrecy Act;
``(3) to explore opportunities for public-private
partnerships; and
``(4) to develop metrics of success.
``(d) FinCEN Lab.--The Innovation Lab established under
subsection (a) within the Department of the Treasury shall be
a lab within the Financial Crimes Enforcement Network.
``(e) Definitions.--In this section:
``(1) Federal functional regulator.--The term `Federal
functional regulator' means the Board of Governors of the
Federal Reserve System, the Comptroller of the Currency, the
Federal Deposit Insurance Corporation, the National Credit
Union Administration, the Securities and Exchange Commission,
and the Commodity Futures Trading Commission.
``(2) State bank supervisor.--The term `State bank
supervisor' has the meaning given that term under section 3
of the Federal Deposit Insurance Act (12 U.S.C. 1813).''.
(b) Clerical Amendment.--The table of contents for
subchapter II of chapter 53 of
[[Page H3389]]
title 31, United States Code, is amended by adding at the end
the following:
``5333. Innovation Labs.''.
SEC. 7303. INNOVATION COUNCIL.
(a) In General.--Subchapter II of chapter 53 of Title 31,
United States Code, as amended by section 7302, is further
amended by adding at the end the following:
``Sec. 5334. Innovation Council
``(a) Establishment.--There is established the Innovation
Council (hereinafter in this section referred to as the
`Council'), which shall consist of each Director of an
Innovation Lab established under section 5334, a
representative of State bank supervisors (as defined under
section 3 of the Federal Deposit Insurance Act (12 U.S.C.
1813)), and the Director of the Financial Crimes Enforcement
Network.
``(b) Chair.--The Director of the Innovation Lab of the
Department of the Treasury shall serve as the Chair of the
Council.
``(c) Duty.--The members of the Council shall coordinate on
activities related to innovation under the Bank Secrecy Act,
but may not supplant individual agency determinations on
innovation.
``(d) Meetings.--The meetings of the Council--
``(1) shall be at the call of the Chair, but in no case may
the Council meet less than semi-annually;
``(2) may include open and closed sessions, as determined
necessary by the Council; and
``(3) shall include participation by public and private
entities and law enforcement agencies.
``(e) Report.--The Council shall issue an annual report,
for each of the 7 years beginning on the date of enactment of
this section, to the Secretary of the Treasury on the
activities of the Council during the previous year, including
the success of programs as measured by metrics of success
developed pursuant to section 5334(c)(4), and any regulatory
or legislative recommendations that the Council may have.''.
(b) Clerical Amendment.--The table of contents for
subchapter II of chapter 53 of title 31, United States Code,
is amended by adding the end the following:
``5334. Innovation Council.''.
SEC. 7304. TESTING METHODS RULEMAKING.
(a) In General.--Section 5318 of title 31, United States
Code, as amended by section 7301, is further amended by
adding at the end the following:
``(q) Testing.--
``(1) In general.--The Secretary of the Treasury, in
consultation with the head of each agency to which the
Secretary has delegated duties or powers under subsection
(a), shall issue a rule to specify--
``(A) with respect to technology and related technology-
internal processes (`new technology') designed to facilitate
compliance with the Bank Secrecy Act requirements, the
standards by which financial institutions are to test new
technology; and
``(B) in what instances or under what circumstance and
criteria a financial institution may replace or terminate
legacy technology and processes for any examinable technology
or process without the replacement or termination being
determined an examination deficiency.
``(2) Standards.--The standards described under paragraph
(1) may include--
``(A) an emphasis on using innovative approaches, such as
machine learning, rather than rules-based systems;
``(B) risk-based back-testing of the regime to facilitate
calibration of relevant systems;
``(C) requirements for appropriate data privacy and
security; and
``(D) a requirement that the algorithms used by the regime
be disclosed to the Financial Crimes Enforcement Network,
upon request.
``(3) Confidentiality of algorithms.--If a financial
institution or any director, officer, employee, or agent of
any financial institution, voluntarily or pursuant to this
subsection or any other authority, discloses the
institution's algorithms to a Government agency, such
algorithms and any materials associated with the creation of
such algorithms shall be considered confidential and not
subject to public disclosure.''.
(b) Update of Manual.--The Financial Institutions
Examination Council shall ensure--
(1) that any manual prepared by the Council is updated to
reflect the rulemaking required by the amendment made by
subsection (a); and
(2) that financial institutions are not penalized for the
decisions based on such rulemaking to replace or terminate
technology used for compliance with the Bank Secrecy Act (as
defined under section 5312 of title 31, United States Code)
or other anti-money laundering laws.
SEC. 7305. FINCEN STUDY ON USE OF EMERGING TECHNOLOGIES.
(a) Study.--
(1) In general.--The Director of the Financial Crimes
Enforcement Network (``FinCEN'') shall carry out a study on--
(A) the status of implementation and internal use of
emerging technologies, including artificial intelligence
(``AI''), digital identity technologies, blockchain
technologies, and other innovative technologies within
FinCEN;
(B) whether AI, digital identity technologies, blockchain
technologies, and other innovative technologies can be
further leveraged to make FinCEN's data analysis more
efficient and effective; and
(C) how FinCEN could better utilize AI, digital identity
technologies, blockchain technologies, and other innovative
technologies to more actively analyze and disseminate the
information it collects and stores to provide investigative
leads to Federal, State, Tribal, and local law enforcement,
and other Federal agencies (collective, ``Agencies''), and
better support its ongoing investigations when referring a
case to the Agencies.
(2) Inclusion of gto data.--The study required under this
subsection shall include data collected through the
Geographic Targeting Orders (``GTO'') program.
(3) Consultation.--In conducting the study required under
this subsection, FinCEN shall consult with the Directors of
the Innovations Labs established in section 302.
(b) Report.--Not later than the end of the 6-month period
beginning on the date of the enactment of this Act, the
Director shall issue a report to the Committee on Banking,
Housing, and Urban Affairs of the Senate and the Committee on
Financial Services of the House of Representatives
containing--
(1) all findings and determinations made in carrying out
the study required under subsection (a);
(2) with respect to each of subparagraphs (A), (B) and (C)
of subsection (a)(1), any best practices or significant
concerns identified by the Director, and their applicability
to AI, digital identity technologies, blockchain
technologies, and other innovative technologies with respect
to United States efforts to combat money laundering and other
forms of illicit finance; and
(3) any policy recommendations that could facilitate and
improve communication and coordination between the private
sector, FinCEN, and Agencies through the implementation of
innovative approaches, in order to meet their Bank Secrecy
Act (as defined under section 5312 of title 31, United States
Code) and anti-money laundering compliance obligations.
SEC. 7306. DISCRETIONARY SURPLUS FUNDS.
The dollar amount specified under section 7(a)(3)(A) of the
Federal Reserve Act (12 U.S.C. 289(a)(3)(A)) is reduced by
$37,000,000.
Amendment No. 2 Offered by Mr. Bergman of Michigan
Page 1115, after line 5, insert the following:
SEC. 17__. FOREIGN STATE COMPUTER INTRUSIONS.
(a) In General.--Chapter 97 of title 28, United States
Code, is amended by inserting after section 1605B the
following:
``Sec. 1605C. Computer intrusions by a foreign state
``A foreign state shall not be immune from the jurisdiction
of the courts of the United States or of the States in any
case not otherwise covered by this chapter in which money
damages are sought against a foreign state by a national of
the United States for personal injury, harm to reputation, or
damage to or loss of property resulting from any of the
following activities, whether occurring in the United States
or a foreign state:
``(1) Unauthorized access to or access exceeding
authorization to a computer located in the United States.
``(2) Unauthorized access to confidential, electronic
stored information located in the United States.
``(3) The transmission of a program, information, code, or
command to a computer located in the United States, which, as
a result of such conduct, causes damage without
authorization.
``(4) The use, dissemination, or disclosure, without
consent, of any information obtained by means of any activity
described in paragraph (1), (2), or (3).
``(5) The provision of material support or resources for
any activity described in paragraph (1), (2), (3), or (4),
including by an official, employee, or agent of such foreign
state.''.
(b) Clerical Amendment.--The table of sections for chapter
97 of title 28, United States Code, is amended by inserting
after the item relating to section 1605B the following:
``1605C. Computer intrusions by a foreign state.''.
(c) Application.--This section and the amendments made by
this section shall apply to any action pending on or filed on
or after the date of the enactment of this Act.
Amendment No. 10 Offered by Ms. Pressley of Massachusetts
At the end of subtitle E of title XVII, add the following:
SEC. 17__. ONLINE AND DISTANCE EDUCATION CLASSES AND
NONIMMIGRANT VISAS.
(a) In General.--Notwithstanding any other provision of
law, for the period described in subsection (b), a
nonimmigrant described in subparagraph (F), (J), or (M) of
section 101(a)(15) of the Immigration and Nationality Act (8
U.S.C. 1101(a)(15)) may engage in online or distance
education classes or programs that are determined necessary
by an institution or program described in such subparagraph
for the protection of health and safety, and such classes or
programs shall count towards the requirement to pursue a full
course of study to maintain nonimmigrant status.
(b) Period Described.--The period described in this
section--
(1) begins on March 13, 2020; and
(2) ends on the date that is the later of--
(A) June 30, 2021; or
(B) the date that is 90 days after the date on which the
public health emergency declared with respect to COVID-19 by
the Secretary of Health and Human Services under
[[Page H3390]]
section 319 of the Public Health Service Act (42 U.S.C. 247d)
is terminated.
Amendment No. 12 Offered by Mr. Thompson of California
At the end of subtitle E of title XVII, insert the
following:
SEC. 17__. TRANSFER OF MARE ISLAND NAVAL CEMETERY TO
SECRETARY OF VETERANS AFFAIRS FOR MAINTENANCE
BY NATIONAL CEMETERY ADMINISTRATION.
(a) Agreement.--Beginning on the date that is 180 days
after the date on which the Secretary submits the report
required by subsection (c)(1), the Secretary of Veterans
Affairs shall seek to enter into an agreement with the city
of Vallejo, California, under which the city of Vallejo shall
transfer to the Secretary all right, title, and interest in
the Mare Island Naval Cemetery in Vallejo, California, at no
cost to the Secretary. The Secretary shall seek to enter into
such agreement before the date that is one year after the
date on which such report is submitted.
(b) Maintenance by National Cemetery Administration.--If
the Mare Island Naval Cemetery is transferred to the
Secretary of Veterans Affairs pursuant to subsection (a), the
National Cemetery Administration shall maintain the cemetery
as a national shrine.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall submit to the
Committee on Veterans' Affairs of the Senate and the
Committee on Veterans' Affairs of the House of
Representatives a report on the feasibility and advisability
of exercising the authority granted by subsection (a).
(2) Contents.--The report submitted under paragraph (1)
shall include the following:
(A) An assessment of the feasibility and advisability of
exercising the authority granted by subsection (a).
(B) An estimate of the costs, including both direct and
indirect costs, that the Department of Veterans Affairs would
incur by exercising such authority.
Amendment No. 14 Offered by Mr. Walden of Oregon
At the end of subtitle D of title XVI, add the following
new section:
SEC. 16__. ROLE OF SECRETARY OF DEFENSE AND SECRETARY OF
ENERGY ON NUCLEAR WEAPONS COUNCIL.
(a) Membership.--Subsection (a) of section 179 of title 10,
United States Code, is amended--
(1) by redesignating paragraphs (1) through (6) as
paragraphs (3) through (8), respectively; and
(2) by inserting before paragraph (3), as so redesignated,
the following new paragraphs:
``(1) The Secretary of Defense.
``(2) The Secretary of Energy.''.
(b) Chairman; Meetings.--Subsection (b) of section 179 of
title 10, United States Code, is amended to read as follows:
``(b) Chairman; Meetings.--(1) The Council shall be co-
chaired by the Secretary of Defense and the Secretary of
Energy. Any reference in any statute or regulation to the
Chairman of the Council shall be deemed to be a reference to
the Secretary of Defense and the Secretary of Energy jointly.
``(2) The Council shall meet not less often than once every
three months. To the extent possible, not later than seven
days before a meeting, the Chairman shall disseminate to each
member of the Council the agenda and documents for such
meeting.''.
Amendment No. 15 Offered by Mr. Langevin of Rhode Island
At the end of title XI, add the following:
Subtitle C--Office of the National Cyber Director
SEC. 1131. SHORT TITLE.
This subtitle may be cited as the ``National Cyber Director
Act''.
SEC. 1132. NATIONAL CYBER DIRECTOR.
(a) Establishment.--There is established, within the
Executive Office of the President, the Office of the National
Cyber Director (in this section referred to as the
``Office'').
(b) National Cyber Director.--
(1) In general.--The Office shall be headed by the National
Cyber Director (in this section referred to as the
``Director'') who shall be appointed by the President, by and
with the advice and consent of the Senate. The Director shall
hold office at the pleasure of the President, and shall be
entitled to receive the same pay and allowances as are
provided for level I of the Executive Schedule under section
5312 of title 5, United States Code.
(2) Deputy directors.--There shall be two Deputy National
Cyber Directors, to be appointed by the President, who shall
hold office at the pleasure of the President, and who shall
report to the Director, as follows:
(A) The Deputy National Cyber Director for Strategy,
Capabilities, and Budget.
(B) The Deputy National Cyber Director for Plans and
Operations.
(c) Duties of the National Cyber Director.--
(1) In general.--Subject to the authority, direction, and
control of the President, the Director shall--
(A) serve as the principal advisor to the President on
cybersecurity strategy and policy;
(B) in consultation with appropriate Federal departments
and agencies, develop the United States' National Cyber
Strategy, which shall include elements related to Federal
departments and agencies--
(i) information security; and
(ii) programs and policies intended to improve the United
States' cybersecurity posture;
(C) in consultation with appropriate Federal departments
and agencies and upon approval of the National Cyber Strategy
by the President, supervise implementation of the strategy
by--
(i) in consultation with the Director of the Office of
Management and Budget, monitoring and assessing the
effectiveness, including cost-effectiveness, of Federal
departments and agencies' implementation of the strategy;
(ii) making recommendations relevant to changes in the
organization, personnel and resource allocation, and policies
of Federal departments and agencies to the Director of the
Office of Management and Budget and heads of such departments
and agencies in order to implement the strategy;
(iii) reviewing the annual budget proposal for each Federal
department or agency and certifying to the head of each
Federal department or agency and the Director of the Office
Management and Budget whether the department or agency
proposal is consistent with the strategy;
(iv) continuously assessing and making relevant
recommendations to the President on the appropriate level of
integration and interoperability across the Federal
cybersecurity operations centers;
(v) coordinating with the Federal Chief Information
Officer, the Federal Chief Information Security Officer, the
Director of the Cybersecurity and Infrastructure Security
Agency, and the Director of National Institute of Standards
and Technology on the development and implementation of
policies and guidelines related to issues of Federal
department and agency information security; and
(vi) reporting annually to the President and the Congress
on the state of the United States' cybersecurity posture, the
effectiveness of the strategy, and the status of Federal
departments and agencies' implementation of the strategy;
(D) lead joint interagency planning for the Federal
Government's integrated response to cyberattacks and cyber
campaigns of significant consequence, to include--
(i) coordinating with relevant Federal departments and
agencies in the development of, for the approval of the
President, joint, integrated operational plans, processes,
and playbooks for incident response that feature--
(I) clear lines of authority and lines of effort across the
Federal Government;
(II) authorities that have been delegated to an appropriate
level to facilitate effective operational responses across
the Federal Government; and
(III) support for the integration of defensive cyber plans
and capabilities with offensive cyber plans and capabilities
in a manner consistent with improving the United States'
cybersecurity posture;
(ii) exercising these operational plans, processes, and
playbooks;
(iii) updating these operational plans, processes, and
playbooks for incident response as needed in coordination
with ongoing offensive cyber plans and operations; and
(iv) ensuring these plans, processes, and playbooks are
properly coordinated with relevant private sector entities,
as appropriate;
(E) direct the Federal Government's response to
cyberattacks and cyber campaigns of significant consequence,
to include--
(i) developing for the approval of the President, with the
heads of relevant Federal departments and agencies
independently or through the National Security Council as
directed by the President, operational priorities,
requirements, and tasks;
(ii) coordinating, deconflicting, and ensuring the
execution of operational activities in incident response; and
(iii) coordinating operational activities with relevant
private sector entities;
(F) coordinate and consult with private sector leaders on
cybersecurity and emerging technology issues with the support
of, and in coordination with, the Cybersecurity and
Infrastructure Security Agency and other Federal departments
and agencies, as appropriate;
(G) annually report to Congress on cybersecurity threats
and issues facing the nation, including any new or emerging
technologies that may impact national security, economic
prosperity, or enforcing the rule of law; and
(H) be responsible for such other functions as the
President may direct.
(2) Delegation of authority.--The Director may--
(A) serve as the senior representative on any body that the
President may establish for the purpose of providing the
President advice on cybersecurity;
(B) be empowered to convene National Security Council,
National Economic Council and Homeland Security Council
meetings, with the concurrence of the National Security
Advisor, Homeland Security Advisor, or Director of the
National Economic Council, as appropriate;
(C) be included as a participant in preparations for and,
if appropriate, execution of cybersecurity summits and other
international meetings at which cybersecurity is a major
topic;
(D) delegate any of the Director's functions, powers, and
duties to such officers and employees of the Office as he may
designate; and
[[Page H3391]]
(E) authorize such successive re-delegations of such
functions, powers, and duties to such officers and employees
of the Office as he may deem appropriate.
(d) Attendance and Participation in National Security
Council Meetings.--Section 101(c)(2) of the National Security
Act of 1947 (50 U.S.C. 3021(c)(2)) is amended by striking
``and the Chairman of the Joint Chiefs of Staff'' and
inserting ``the Chairman of the Joint Chiefs of Staff, and
the National Cyber Director''.
(e) Powers of the Director.--The Director may, for the
purposes of carrying out the Director's functions under this
section--
(1) subject to the civil service and classification laws,
select, appoint, employ, and fix the compensation of such
officers and employees as are necessary and prescribe their
authority and duties, except that not more than 75
individuals may be employed without regard to any provision
of law regulating the employment or compensation at rates not
to exceed the basic rate of basic pay payable for level IV of
the Executive Schedule under section 5315 of title 5, United
States Code;
(2) employ experts and consultants in accordance with
section 3109 of title 5, United States Code, and compensate
individuals so employed for each day (including travel time)
at rates not in excess of the maximum rate of basic pay for
grade GS-15 as provided in section 5332 of such title, and
while such experts and consultants are so serving away from
their homes or regular place of business, to pay such
employees travel expenses and per diem in lieu of subsistence
at rates authorized by section 5703 of such title 5 for
persons in Federal Government service employed
intermittently;
(3) promulgate such rules and regulations as may be
necessary to carry out the functions, powers, and duties
vested in the Director;
(4) utilize, with their consent, the services, personnel,
and facilities of other Federal agencies;
(5) enter into and perform such contracts, leases,
cooperative agreements, or other transactions as may be
necessary in the conduct of the work of the Office and on
such terms as the Director may determine appropriate, with
any Federal agency, or with any public or private person or
entity;
(6) accept voluntary and uncompensated services,
notwithstanding the provisions of section 1342 of title 31,
United States Code;
(7) adopt an official seal, which shall be judicially
noticed; and
(8) provide, where authorized by law, copies of documents
to persons at cost, except that any funds so received shall
be credited to, and be available for use from, the account
from which expenditures relating thereto were made.
(f) Definitions.--In this section:
(1) Cybersecurity posture.--The term ``cybersecurity
posture'' means the ability to identify and protect, and
detect, respond to and recover from intrusions in,
information systems the compromise of which could constitute
a cyber attack or cyber campaign of significant consequence.
(2) Cyber attacks and cyber campaigns of significant
consequence.--The term ``cyber attacks and cyber campaigns of
significant consequence'' means an incident or series of
incidents that have the purpose or effect of--
(A) causing a significant disruption to the availability of
a Federal information system;
(B) harming, or otherwise significantly compromising the
provision of service by, a computer or network of computers
that support one or more entities in a critical
infrastructure sector;
(C) significantly compromising the provision of services by
one or more entities in a critical infrastructure sector;
(D) causing a significant misappropriation of funds or
economic resources, trade secrets, personal identifiers, or
financial information for commercial or competitive advantage
or private financial gain; or
(E) otherwise constituting a significant threat to the
national security, foreign policy, or economic health or
financial stability of the United States.
(3) Incident.--The term ``incident'' has the meaning given
that term in section 3552 of title 44, United States Code.
(4) Information security.--The term ``information
security'' has the meaning given that term in section 3552 of
title 44, United States Code.
Amendment No. 16 Offered by Ms. Wexton of Virginia
At the end of subtitle A of title XI, add the following:
SEC. 1111. RESTORATION OF ANNUAL LEAVE DUE TO A PANDEMIC.
(a) In General.--Section 6304(d) of title 5, United States
Code, is amended by adding at the end the following new
paragraph:
``(5) For the purposes of this subsection, the service of
an employee during a pandemic shall be deemed to be an
exigency of the public business, and any leave that, by
reason of such service, is lost by the employee by operation
of this section (regardless of whether such leave was
scheduled) shall be restored to the employee and shall be
credited and available in accordance with paragraph (2).''.
(b) Applicability.--The amendment made by subsection (a)
shall apply to any leave lost on or after the date of
enactment of this Act.
Amendment No. 18 Offered by Mr. Deutch of Florida
Add at the end of subtitle G of title XII the following:
SEC. 12__. COUNTERING WHITE IDENTITY TERRORISM GLOBALLY.
(a) Strategy and Coordination.--Not later than six months
after the date of the enactment of this Act, the Secretary of
State shall--
(1) develop and submit to the Committee on Foreign Affairs
of the House of Representatives and the Committee on Foreign
Relations of the Senate a Department of State-wide strategy
entitled the ``Department of State Strategy for Countering
White Identity Terrorism Globally'' (in this section referred
to as the ``strategy''); and
(2) designate the Coordinator for Counterterrorism of the
Department to coordinate Department efforts to counter white
identity terrorism globally, including with United States
diplomatic and consular posts, the Director of the National
Counterterrorism Center, the Director of the Central
Intelligence Agency, the Attorney General, the Director of
National Intelligence, the Secretary of Homeland Security,
the Director of the Federal Bureau of Investigation, the
Secretary of the Treasury, and the heads of any other
relevant Federal departments or agencies.
(b) Elements.--The strategy shall at a minimum contain the
following:
(1) An assessment of the global threat from white identity
terrorism abroad, including geographic or country
prioritization based on the assessed threat to the United
States.
(2) A description of the coordination mechanisms between
relevant bureaus and offices within the Department of State,
as well as with United States diplomatic and consular posts,
for developing and implementing efforts to counter white
identity terrorism.
(3) A description of how the Department plans to build on
any existing strategy developed by the Bureau for
Counterterrorism to--
(A) adapt or expand existing Department programs, projects,
activities, or policy instruments based on existing
authorities for the specific purpose of degrading and
delegitimizing the white identity terrorist movement
globally; and
(B) identify the need for any new Department programs,
projects, activities, or policy instruments for the specific
purpose of degrading and delegitimizing the white identity
terrorist movement globally, including a description of the
steps and resources necessary to establish any such programs,
projects, activities, or policy instruments, noting whether
such steps would require new authorities.
(4) Detailed plans for using public diplomacy, including
the efforts of the Secretary of State and other senior
Executive Branch officials, including the President, to
degrade and delegitimize white identity terrorist ideologues
and ideology globally, including by--
(A) countering white identity terrorist messaging and
supporting efforts to redirect potential supporters away from
white identity terrorist content online;
(B) exposing foreign government support for white identity
terrorist ideologies, objectives, ideologues, networks,
organizations, and internet platforms;
(B) engaging with foreign governments and internet service
providers and other relevant technology entities, to prevent
or limit white identity terrorists from exploiting internet
platforms in furtherance of or in preparation for acts of
terrorism or other targeted violence, as well as the
recruitment, radicalization, and indoctrination of new
adherents to white identity terrorism; and
(C) identifying the roles and responsibilities for the
Office of the Under Secretary for Public Affairs and Public
Diplomacy and the Global Engagement Center in developing and
implementing such plans.
(6) An outline of steps the Department is taking or will
take in coordination, as appropriate, with the Director of
the National Counterterrorism Center, the Director of the
Central Intelligence Agency, the Attorney General, the
Director of National Intelligence, the Secretary of Homeland
Security, the Director of the Federal Bureau of
Investigation, the Secretary of the Treasury, and the heads
of any other relevant Federal departments or agencies to
improve information and intelligence sharing with other
countries on white identity terrorism based on existing
authorities by--
(A) describing plans for adapting or expanding existing
mechanisms for sharing information, intelligence, or
counterterrorism best practices, including facilitating the
sharing of information, intelligence, or counterterrorism
best practices gathered by Federal, State, and local law
enforcement; and
(B) proposing new mechanisms or forums that might enable
expanded sharing of information, intelligence, or
counterterrorism best practices.
(7) An outline of how the Department plans to use
designation as a Specially Designated Global Terrorist (under
Executive Order 13224 (50 U.S.C. 1701 note)) and foreign
terrorist organization (pursuant to section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189)) to support
the strategy, including--
(A) an assessment and explanation of the utility of
applying or not applying such designations when individuals
or entities satisfy the criteria for such designations; and
[[Page H3392]]
(B) a description of possible remedies if such criteria are
insufficient to enable designation of any individuals or
entities the Secretary of State considers a potential
terrorist threat to the United States.
(8) A description of the Department's plans, in
consultation with the Department of the Treasury, to work
with foreign governments, financial institutions, and other
related entities to counter the financing of white identity
terrorists within the parameters of current law, or if no
such plans exist, a description of why.
(9) A description of how the Department plans to implement
the strategy in conjunction with ongoing efforts to counter
the Islamic State, al-Qaeda, and other terrorist threats to
the United States.
(10) A description of how the Department will integrate
into the strategy lessons learned in the ongoing efforts to
counter the Islamic State, al-Qaeda, and other terrorist
threats to the United States.
(11) A identification of any additional resources or staff
needed to implement the strategy.
(c) Interagency Coordination.--The Secretary of State shall
develop the strategy in coordination with the Director of the
National Counterterrorism Center and in consultation with the
Director of the Central Intelligence Agency, the Attorney
General, the Director of National Intelligence, the Secretary
of Homeland Security, the Director of the Federal Bureau of
Investigation, the Secretary of the Treasury, and the heads
of any other relevant Federal departments or agencies.
(d) Stakeholder Inclusion.--The strategy shall be developed
in consultation with representatives of United States and
international civil society and academic entities with
experience researching or implementing programs to counter
white identity terrorism.
(e) Form.--The strategy shall be submitted in unclassified
form that can be made available to the public, but may
include a classified annex if the Secretary of State
determines such is appropriate.
(f) Implementation.--Not later than three months after the
submission of the strategy, the Secretary of State shall
begin implementing the strategy.
(g) Consultation.--Not later than 90 days after the date of
the enactment of this Act and not less often than annually
thereafter, the Secretary of State shall consult with the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate
regarding the development and implementation of the strategy.
(h) Country Reports on Terrorism.--The Secretary of State
shall incorporate all credible information about white
identity terrorism, including regarding relevant attacks, the
identification of perpetrators and victims of such attacks,
the size and identification of organizations and networks,
and the identification of notable ideologues, in the annual
country reports on terrorism submitted pursuant to section
140 of the Foreign Relations Authorization Act, Fiscal Years
1988 and 1989 (22 U.S.C. 2656f).
(i) Report on Sanctions.--
(1) In general.--Not later than 120 days and again 240 days
after the submission of each annual country report on
terrorism submitted pursuant to section 140 of the Foreign
Relations Authorization Act, Fiscal Years 1988 and 1989 (22
U.S.C. 2656f), as modified in accordance with subsection (h),
the President shall submit to the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate a report that determines
whether the foreign persons, organizations, and networks
identified in such annual country reports on terrorism as so
modified, satisfy the criteria to be designated as--
(A) foreign terrorist organizations under section 219 of
the Immigration and Nationality Act (8 U.S.C. 1189); or
(B) Specially Designated Global Terrorist under Executive
Order 13224 (50 U.S.C. 1701 note).
(2) Form.--Each determination required under subsection (a)
shall be submitted in unclassified form, but may include a
classified annex, if appropriate.
(j) Requirement for Independent Study to Map the Global
White Identity Terrorism Movement.--
(1) In general.--Not later than 60 days after the date of
the enactment of this Act, the Secretary of State shall enter
into a contract with a federally funded research and
development center with appropriate expertise and analytical
capability to carry out the study described in paragraph (2).
(2) Study.--The study described in this subsection shall
provide for a comprehensive social network analysis of the
global white identity terrorism movement to--
(A) identify key actors, organizations, and supporting
infrastructure; and
(B) map the relationships and interactions between such
actors, organizations, and supporting infrastructure.
(3) Report.--
(A) To the secretary.--Not later than one year after the
date on which the Secretary of State enters into a contract
pursuant to subsection (a), the federally funded research and
development center referred to in such subsection that has
entered into such contract with the Secretary shall submit to
the Secretary a report containing the results of the study
required under this section.
(B) To congress.--Not later than 30 days after receipt of
the report under subparagraph (A), the Secretary of State
shall submit to the Committee of Foreign Affairs of the House
of Representatives and the Committee on Foreign Relations of
the Senate such report, together with any additional views or
recommendations of the Secretary.
Amendment No. 20 Offered by Mrs. Torres of California
Page 1202, line 22, insert after ``Forces'' the following:
``(other than the limited exception described in clause
(iv))''.
Page 1203, after line 7, insert the following new clause
(and redesignate subsequent clauses accordingly):
(iv) Is a deceased woman who overcame prejudice and
adversity to perform distinguished military service on behalf
of the United States, including a woman who performed such
distinguished military service (whether temporary service,
auxiliary service, or other qualifying military service)
before 1948 when women were allowed to officially join the
Armed Forces.
Amendment No. 21 Offered by Mr. Khanna of California
Page 870, after line 24, add the following:
SEC. 12__. REPORT ON US MILITARY SUPPORT OF THE SAUDI-LED
COALITION IN YEMEN.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate committees of
Congress a report that includes--
(1) a description of the military support, training, and
defense articles provided by the Department of Defense to
Saudi Arabia, the Government of the United Arab Emirates, and
other countries participating in the Saudi-led coalition
since March 2015, including--
(A) an annual description, by fiscal year or calendar year,
of all transfers of logistics support, supplies, defense
articles, and services under sections 2341 and 2342 of title
10, United States Code, or any other applicable law;
(B) a description of the total financial value of such
transfers and which countries bore the cost described in
subparagraph (A) of these transfers, including the status of
the reimbursement of costs from Saudi Arabia, the Government
of the United Arab Emirates and the Saudi-led coalition to
the Department of Defense; and
(C) a description of the types of training provided by the
Department of Defense, including the authorities under which
this training was provided, and whether such training has
included tactics for stopping, searching and seizing boats,
or other activities that could be used to restrict the
importation of commercial and humanitarian shipments into and
out of Yemen;
(2) a description and evaluation of processes used by the
Department of Defense to determine whether the types of
military support described in paragraph (1)(A) have impacted
the restriction of the movement of persons into or out of
Yemen, the restriction of the importation of commercial and
humanitarian shipments into and out of Yemen, or the illicit
profit from such importation by any of the warring parties in
the conflict in Yemen;
(3) a description and evaluation of processes used by the
Department of Defense to determine whether the type of
military support described in paragraph (1)(C) has been use
by any of the warring parties in the conflict in Yemen to
restrict the importation of commercial and humanitarian
shipments into and out of Yemen; and
(4) a description and evaluation of processes used by the
Department of Defense to determine what steps the Department
has taken to reduce restrictions on the movement of persons
into or out of Yemen, and restrictions on the importation of
commercial and humanitarian shipments into and out of Yemen,
or the illicit profit of such importation by any of the
warring parties in the conflict in Yemen.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Appropriate Committees of Congress.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, the Permanent Select Committee on
Intelligence, and the Committee on Financial Services of the
House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, the Select Committee on Intelligence, and
the Committee on Banking, Housing, and Urban Affairs of the
Senate.
Amendment No. 22 Offered by Mr. Ted Lieu of California
Add at the end of subtitle G of title XII the following:
SEC. 12__. YEMEN.
(a) Statement of Policy.--It is the policy of the United
States--
(1) to protect United States citizens and strategic
interests in the Middle East region;
(2) to support United Nations-led efforts to end violence
in Yemen and secure a comprehensive political settlement to
the conflict in Yemen that results in protection of civilians
and civilian infrastructure and alleviates the humanitarian
crisis including by facilitating unfettered access for all
Yemenis to food, fuel, and medicine;
(3) to encourage all parties to the conflict in Yemen to
participate in good faith in the United Nations-led process
and to uphold interim agreements as part of that process to
[[Page H3393]]
end the conflict, leading to reconstruction in Yemen;
(4) to support United States allies and partners in
defending their borders and territories in order to maintain
stability and security in the Middle East region and
encourage burden sharing among such allies and partners;
(5) to assist United States allies and partners in
countering destabilization of the Middle East region;
(6) to oppose Iranian arms transfers in violation of UN
Security Council resolutions, including transfers to the
Houthis;
(7) to encourage the Government of Saudi Arabia and the
Government of the United Arab Emirates to assist
significantly in the economic stabilization and eventual
reconstruction of Yemen; and
(8) to encourage all parties to the conflict to comply with
the law of armed conflict, including to investigate credible
allegations of war crimes and provide redress to civilian
victims.
(b) Report on Conflict in Yemen.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act , the Secretary of State, in
consultation with the Secretary of Defense and the Director
of National Intelligence, shall submit to the appropriate
congressional committees a report on United States policy in
Yemen.
(2) Matters to be included.--The report required under
subsection (b) shall include the following:
(A) A detailed description of diplomatic actions taken by
the United States Government to help ease human suffering in
Yemen, including--
(i) United States direct humanitarian assistance and United
States donations to multilateral humanitarian assistance
efforts, including to address the COVID-19 pandemic;
(ii) efforts to ensure that humanitarian assistance is
delivered in line with internationally recognized
humanitarian principles, and the results of such efforts;
(iii) efforts to facilitate humanitarian and commercial
cargo shipments into Yemen and minimize delays associated
with such shipments, including access to ports for
humanitarian and commercial cargo, and the results of such
efforts;
(iv) efforts to work with parties to the conflict in Yemen
to ensure protection of civilians and civilian
infrastructure, and the results of such efforts;
(iv) efforts to help the Government of Yemen to create a
mechanism to ensure that salaries and pensions are paid to
civil servants as appropriate, and the results of such
efforts; and
(v) efforts to work with ROYG and countries that are
members of the Saudi-led coalition in Yemen to address the
currency crisis in Yemen and the solvency of the Central Bank
of Yemen, and the results of such efforts.
(B) An assessment of plans, commitments, and pledges for
reconstruction of Yemen made by countries that are members of
the Saudi-led coalition in Yemen, including an assessment of
proposed coordination with the Government of Yemen and
international organizations.
(C) A description of civilian harm occurring in the context
of the conflict in Yemen since Nov 2017, including--
(i) mass casualty incidents; and
(ii) damage to, and destruction of, civilian infrastructure
and services.
(D) An estimated total number of civilian casualties in the
context of the conflict in Yemen since September 2014,
disaggregated by year.
(E) A detailed description of actions taken by the United
States Government to support the efforts of the United
Nations Special Envoy for Yemen to reach a lasting political
solution in Yemen.
(F) A detailed assessment of whether and to what extent
members of the Saudi-led coalition in Yemen have used United
States-origin defense articles and defense services in Yemen
in contravention of the laws of armed conflict when engaging
in any military operations against the Houthis in Yemen.
(G) A description of external and cross border attacks
perpetrated by the Houthis.
(H) A detailed assessment of the Government of Yemen's
willingness and capacity to effectively--
(i) provide public services to the people of Yemen;
(ii) service the external debts of Yemen; and
(iii) facilitate or ensure access to humanitarian
assistance and key commodities in Yemen.
(I) A description of support for the Houthis by Iran and
Iran-backed groups, including provision of weapons and
training.
(J) A description of recruitment and use of child soldiers
by parties to the conflict in Yemen.
(3) Form.--The report required under paragraph (1) shall be
submitted in unclassified form (without the classification
``For Official Use Only'') but may contain a classified
annex.
(4) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives;
(B) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate;
(C) the Permanent Select Committee on Intelligence of the
House of Representatives; and
(D) the Select Committee on Intelligence of the Senate.
(c) Report on United States Military Support.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the appropriate congressional
committees a report on United States military support to
countries that are members of the Saudi-led coalition in
Yemen since March 2015 that evaluates--
(A) the manner and extent to which the United States
military has provided and continues to provide support to
such countries in Yemen;
(B) the extent to which the Department of Defense has
determined that its advice or assistance has--
(i) minimized violations of the laws of armed conflict in
Yemen, including any credible allegations of torture,
arbitrary detention, and other gross violations of
internationally recognized human rights by ROYG and countries
that are members of the Saudi-led coalition in Yemen; and
(ii) reduced civilian casualties and damage to civilian
infrastructure;
(C) the responsiveness and completeness of any
certifications submitted pursuant to section 1290 of the John
S. McCain National Defense Authorization Act for Fiscal Year
2019 (Public Law 115-232; 132 Stat. 2081); and
(D) the responsiveness and completeness of any reports
submitted pursuant to section 1274 of the John S. McCain
National Defense Authorization Act for Fiscal Year 2019
(Public Law 115-232; 132 Stat. 2067).
(2) Form.--The report required under paragraph (1) shall be
submitted in unclassified form (without the classification
``For Official Use Only''), but may contain a classified
annex.
(3) Appropriate congressional committees defined.--In this
subsection, the term ``appropriate congressional committees''
means--
(A) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
Amendment No. 23 Offered by Mr. Cicilline of Rhode Island
At the end of subtitle D of title V, add the following:
SEC. 539A. TO RESOLVE CONTROVERSIES UNDER SERVICEMEMBERS
CIVIL RELIEF ACT.
(a) In General.--Section 102 of the Servicemembers Civil
Relief Act (50 U.S.C. 3912) is amended by adding at the end
the following new subsection:
``(d) Written Consent Required for Arbitration.--
Notwithstanding any other provision of law, whenever a
contract with a servicemember, or a servicemember and the
servicemember's spouse jointly, provides for the use of
arbitration to resolve a controversy subject to a provision
of this Act and arising out of or relating to such contract,
arbitration may be used to settle such controversy only if,
after such controversy arises, all parties to such
controversy consent in writing to use arbitration to settle
such controversy.''.
(b) Applicability.--Subsection (d) of such section, as
added by subsection (a), shall apply with respect to
contracts entered into, amended, altered, modified, renewed,
or extended after the date of the enactment of this Act.
SEC. 539B. LIMITATION ON WAIVER OF RIGHTS AND PROTECTIONS
UNDER SERVICEMEMBERS CIVIL RELIEF ACT.
(a) In General.--Section 107(a) of the Servicemembers Civil
Relief Act (50 U.S.C. 3918(a)) is amended--
(1) in the second sentence, by inserting ``and if it is
made after a specific dispute has arisen and the dispute is
identified in the waiver'' after ``to which it applies''; and
(2) in the third sentence, by inserting ``and if it is made
after a specific dispute has arisen and the dispute is
identified in the waiver'' after ``period of military
service''.
(b) Applicability.--The amendment made by subsection (a)
shall apply with respect to waivers made on or after the date
of the enactment of this Act.
SEC. 539C. CLARIFICATION OF PRIVATE RIGHT OF ACTION UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
Section 802(a) of the Servicemembers Civil Relief Act (50
U.S.C. 4042(a)) is amended--
(1) in the matter preceding paragraph (1), by inserting ``,
notwithstanding any previous agreement to the contrary,''
after ``may''; and
(2) in paragraph (3), by striking ``, notwithstanding any
previous agreement to the contrary''.
Amendment No. 24 Offered by Ms. Matsui of California
Page 163, after line 8, insert the following new
subsections:
(d) Advanced Manufacturing Incentives.--
(1) In general.--The Secretary of Defense shall, in
consultation with the Secretary of Commerce, the Secretary of
Homeland Security, and the Director of National Intelligence,
work with the private sector through a public-private
partnership, including by incentivizing the formation of a
consortium of United States companies, to ensure the
development and production of advanced, measurably secure
microelectronics.
[[Page H3394]]
Such work may include providing incentives for the creation,
expansion, or modernization of one or more commercially
competitive and sustainable semiconductors manufacturing or
advanced research and development facilities.
(2) Risk mitigation requirements.--A participant in a
consortium formed with incentives under paragraph (1) shall--
(A) have the potential to perform fabrication, assembly,
package, or test functions for semiconductors deemed critical
to national security as defined by export control regulatory
agencies in consultation with the National Security Adviser
and the Secretary of Defense;
(B) demonstrate management processes to identify and
mitigate supply chain security risks; and
(C) be able to produce semiconductors consistent with
applicable measurably secure supply chain and operational
security standards established under section 224(b) of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92).
(3) National security considerations.--The Secretary of
Defense and the Director of National Intelligence shall
select participants for the consortium formed with incentives
under paragraph (1). In selecting such participants, the
Secretary and the Director may jointly consider whether the
United States companies--
(A) have participated in previous programs and projects of
the Department of Defense, Department of Energy, or the
intelligence community, including--
(i) the Trusted Integrated Circuit program of the
Intelligence Advanced Research Projects Activity;
(ii) trusted and assured semiconductors projects, as
administered by the Department of Defense;
(iii) the Electronics Resurgence Initiative (ERI) program
of the Defense Advanced Research Projects Agency; or
(iv) relevant semiconductor research programs of Advanced
Research Projects Agency-Energy;
(B) have demonstrated an ongoing commitment to performing
contracts for the Department of Defense and the intelligence
community;
(C) are approved by the Defense Counterintelligence and
Security Agency or the Office of the Director of National
Intelligence as presenting an acceptable security risk,
taking into account supply chain assurance vulnerabilities,
counterintelligence risks, and any risks presented by
companies whose owners are located outside the United States;
and
(D) are evaluated periodically for foreign ownership,
control, or influence by foreign entities of concern.
(4) Nontraditional defense contractors and commercial
entities.--Arrangements entered into to carry out paragraph
(1) shall be in such form as the Secretary of Defense
determines appropriate to encourage industry participation of
nontraditional defense contractors or commercial entities and
may include a contract, a grant, a cooperative agreement, a
commercial agreement, the use of other transaction authority
under section 2371 of title 10, United States Code, or
another such arrangement.
(5) Discharge.--The Secretary of Defense shall carry out
paragraph (1) jointly through the Office of the Under
Secretary of Defense for Research and Engineering and the
Office of the Under Secretary of Defense for Acquisition and
Sustainment, or such other component of the Department of
Defense as the Secretary considers appropriate.
(6) Other initiatives.--The Secretary of Defense shall
dedicate initiatives within the Department of Defense to
advance radio frequency, mixed signal, radiation tolerant,
and radiation hardened semiconductors that support national
security and dual-use applications.
(7) Reports.--
(A) Report by secretary of defense.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Defense shall submit to Congress a report on the plans of the
Secretary to carry out paragraph (1).
(B) Biennial reports by comptroller general of the united
states.--Not later than 1 year after the date on which the
Secretary submits the report required by subparagraph (A) and
not less frequently than once every 2 years thereafter for a
period of 10 years, the Comptroller General of the United
States shall submit to Congress a report on the activities
carried out under this subsection.
(e) Report Under the Defense Production Act of 1950.--
(1) In general.--Not later than 120 days after the date of
the enactment of this Act, the President shall submit to
Congress a report on a plan for any use of authorities
available in title III of the Defense Production Act of 1950
(50 U.S.C. 4531 et seq.) to establish or enhance a domestic
production capability for microelectronic technologies and
related technologies, subject to--
(A) the availability of appropriations for that purpose;
and
(B) a determination made under the plan pursuant to such
title III that such technologies are essential to the
national defense.
(2) Consultation.--The President shall develop the plan
required by paragraph (1) in consultation with any relevant
head of a Federal agency, any advisory committee established
under section 708(a) of the Defense Production Act of 1950
(50 U.S.C. 4558), and appropriate stakeholders in the private
sector.
Add at the end of title XVII the following new subtitle:
Subtitle F--Semiconductor Manufacturing Incentives
SEC. 17_. SEMICONDUCTOR INCENTIVE GRANTS.
(a) Definitions.--In this section--
(1) the term ``appropriate committees of Congress'' means--
(A) the Select Committee on Intelligence, the Committee on
Commerce, Science, and Transportation, the Committee on
Foreign Relations, the Committee on Armed Services, the
Committee on Appropriations, the Committee on Banking,
Housing, and Urban Affairs, and the Committee on Homeland
Security and Governmental Affairs of the Senate; and
(B) the Permanent Select Committee on Intelligence, the
Committee on Energy and Commerce, the Committee on Foreign
Affairs, the Committee on Armed Services, the Committee on
Science, Space, and Technology, the Committee on
Appropriations, the Committee on Financial Services, and the
Committee on Homeland Security of the House of
Representatives;
(2) the term ``covered entity'' means a private entity, a
consortium of private entities, or a consortium of public and
private entities with a demonstrated ability to construct,
expand, or modernize a facility relating to the fabrication,
assembly, testing, advanced packaging, or advanced research
and development of semiconductors;
(3) the term ``covered incentive'' means an incentive
offered by a governmental entity to a covered entity for the
purposes of constructing within the jurisdiction of the
governmental entity, or expanding or modernizing an existing
facility within that jurisdiction, a facility described in
paragraph (2).
(4) the term ``governmental entity'' means a State or local
government;
(5) the term ``Secretary'' means the Secretary of Commerce;
and
(6) the term ``semiconductor'' has the meaning given the
term by the Secretary.
(b) Grant Program.--
(1) In general.--The Secretary shall establish in the
Department of Commerce a program that, in accordance with the
requirements of this section, provides grants to covered
entities to incentivize investment of semiconductor
fabrication facilities, or assembly, testing, advanced
packaging, or advanced research and development of
semiconductors in the United States.
(2) Procedure.--
(A) In general.--A covered entity shall submit to the
Secretary an application that describes the project for which
the covered entity is seeking a grant under this section.
(B) Eligibility.--In order for a covered entity to qualify
for a grant under this section, the covered entity shall
demonstrate to the Secretary, in the application submitted by
the covered entity under subparagraph (A), that--
(i) the covered entity has a documented interest in
constructing, expanding, or modernizing a facility described
in subsection (a)(2); and
(ii) with respect to the project described in clause (i),
the covered entity has--
(I) been offered a covered incentive;
(II) made commitments to worker and community investment,
including through--
(aa) training and education benefits paid by the covered
entity; and
(bb) programs to expand employment opportunity for
economically disadvantaged individuals; and
(III) secured commitments from regional educational and
training entities and institutions of higher education to
provide workforce training, including programming for
training and job placement of economically disadvantaged
individuals.
(C) Considerations for review.--With respect to the review
by the Secretary of an application submitted by a covered
entity under subparagraph (A)--
(i) the Secretary may not approve the application unless
the Secretary--
(I) confirms that the covered entity has satisfied the
eligibility criteria under subparagraph (B);
(II) determines that the project to which the application
relates is in the interest of the United States; and
(III) has notified the appropriate committees of congress
15 days before making any commitment to provide a grant to
any covered entity that exceeds $10,000,000; and
(ii) the Secretary may consider whether--
(I) the covered entity has previously received a grant made
under this subsection; and
(II) the governmental entity offering the applicable
covered incentive has benefitted from a grant previously made
under this subsection.
(III) to the extent practicable, the covered entity is
considered a small business concern, as defined under section
3 of the Small Business Act (15 U.S.C. 632), notwithstanding
section 121.103 of title 13, Code of Federal Regulations.
(3) Amount.--The Secretary shall not award more than
$3,000,000,000 to a covered entity under this subsection.
(4) Use of funds.--A covered entity that receives a grant
under this subsection may only use the grant amounts to--
(A) finance the construction, expansion, or modernization
of a facility described in subsection (a)(2), as documented
in the application submitted by the covered entity under
paragraph (2)(A), or for similar uses in state
[[Page H3395]]
of practice and legacy facilities, as determined necessary by
the Secretary for purposes relating to the national security
and economic competitiveness of the United States;
(B) support workforce development for the facility
described in subparagraph (A); or
(C) support site development for the facility described in
subparagraph (A).
(5) Clawback.--
(A) The Secretary shall recover the full amount with
interest of a grant provided to a covered entity under this
subsection if--
(i) as of the date that is 5 years after the date on which
the Secretary makes the grant, the project to which the grant
relates has not been completed, except that the Secretary may
issue a waiver with respect to the requirement under this
subparagraph if the Secretary determines that issuing such a
waiver is appropriate and in the interests of the United
States; or
(ii) during the applicable term with respect to the grant,
the covered entity engages in any joint research or
technology licensing effort--
(I) with the Government of the People's Republic of China,
the Government of the Russian Federation, the Government of
Iran, the Government of North Korea, or other foreign entity
of concern; and
(II) that relates to a sensitive technology or product, as
determined by the Secretary; and
(B) the Secretary shall recover up to the full amount with
interest of a grant provided to a covered entity if the
Secretary determines that commitments required under
paragraph (2) have not been fully implemented, except that
the Secretary may issue a waiver with respect to the
requirement under this subparagraph if the Secretary
determines that issuing such a waiver is appropriate and in
the interests of the United States.
(c) Consultation and Coordination Required.--In carrying
out the program established under subsection (b), the
Secretary shall consult and coordinate with the Secretary of
State and the Secretary of Defense.
(d) Inspector General Reviews.--The Inspector General of
the Department of Commerce shall--
(1) not later than 2 years after the date of enactment of
this Act, and biennially thereafter until the date that is 10
years after that date of enactment, conduct a review of the
program established under subsection (b), which shall
include, at a minimum--
(A) a determination of the number of instances in which
grants were provided under that subsection during the period
covered by the review in violation of a requirement of this
section;
(B) an evaluation of how--
(i) the program is being carried out, including how
recipients of grants are being selected under the program;
and
(ii) other Federal programs are leveraged for
manufacturing, research, and training to complement the
grants awarded under the program; and
(C) a description of the outcomes of projects supported by
grants made under the program, including a description of--
(i) facilities described in subsection (a)(2) that were
constructed, expanded, or modernized as a result of grants
made under the program;
(ii) research and development carried out with grants made
under the program; and
(iii) workforce training programs carried out with grants
made under the program, including efforts to hire individuals
from disadvantaged populations; and
(2) submit to the appropriate committees of Congress the
results of each review conducted under paragraph (1).
SEC. 17_. DEPARTMENT OF COMMERCE STUDY ON STATUS OF
SEMICONDUCTORS TECHNOLOGIES IN THE UNITED
STATES INDUSTRIAL BASE.
(a) In General.--Commencing not later than 120 days after
the date of the enactment of this Act, the Secretary of
Commerce and the Secretary of Homeland Security, in
consultation with the Secretary of Defense and the heads of
other appropriate Federal departments and agencies, shall
undertake a review, which shall include a survey, using
authorities in section 705 of the Defense Production Act (50
U.S.C. 4555), to assess the capabilities of the United States
industrial base to support the national defense in light of
the global nature of the supply chain and significant
interdependencies between the United States industrial base
and the industrial base of foreign countries with respect to
the manufacture, design, and end use of semiconductors.
(b) Response to Survey.--The Secretary shall ensure
compliance with the survey from among all relevant potential
respondents, including the following:
(1) Corporations, partnerships, associations, or any other
organized groups domiciled and with substantial operations in
the United States.
(2) Corporations, partnerships, associations, or any other
organized groups domiciled in the United States with
operations outside the United States.
(3) Foreign domiciled corporations, partnerships,
associations, or any other organized groups with substantial
operations or business presence in, or substantial revenues
derived from, the United States.
(c) Information Requested.--The information sought from a
responding entity pursuant to the survey required by
subsection (a) shall include, at minimum, information on the
following with respect to the manufacture, design, or end use
of semiconductors by such entity:
(1) An identification of the geographic scope of
operations.
(2) Information on relevant cost structures.
(3) An identification of types of semiconductors
development, manufacture, assembly, test, and packaging
equipment in operation at such entity.
(4) An identification of all relevant intellectual
property, raw materials, and semi-finished goods and
components sourced domestically and abroad by such entity.
(5) Specifications of the semiconductors manufactured or
designed by such entity, descriptions of the end-uses of such
semiconductors, and a description of any technical support
provided to end-users of such semiconductors by such entity.
(6) Information on domestic and export market sales by such
entity.
(7) Information on the financial performance, including
income and expenditures, of such entity.
(8) A list of all foreign and domestic subsidies, and any
other financial incentives, received by such entity in each
market in which such entity operates.
(9) A list of regulatory or other informational requests
about the entities' operations, sales, or other proprietary
information by the Government of the People's Republic of
China, entities under its direction or officials of the CCP,
a description of the nature of the request, and the type of
information provided.
(10) Information on any joint ventures, technology
licensing agreements, and cooperative research or production
arrangements of such entity.
(11) A description of efforts by such entity to evaluate
and control supply chain risks it faces.
(12) A list and description of any sales, licensing
agreements, or partnerships between such entity and the
People's Liberation Army or People's Armed Police, including
any business relationships with entities through which such
sales, licensing agreements, or partnerships may occur.
(d) Report.--
(1) In general.--The Secretary of Commerce shall, in
consultation with the Secretary of Defense, the Secretary of
Homeland Security, and the heads of other appropriate Federal
departments and agencies, submit to Congress a report on the
results of the review required by subsection (a). The report
shall include the following:
(A) An assessment of the results of the survey.
(B) A list of critical technology areas impacted by
potential disruptions in production of semiconductors, and a
detailed description and assessment of the impact of such
potential disruptions on such areas.
(C) A description and assessment of gaps and
vulnerabilities in the semiconductors supply chain and the
national industrial supply base.
(2) Form.--The report required by paragraph (1) may be
submitted appropriate committees of Congress in classified
form.
SEC. 17_. FUNDING FOR DEVELOPMENT AND ADOPTION OF SECURE
SEMICONDUCTOR AND SECURE SEMICONDUCTOR SUPPLY
CHAINS.
(a) Multilateral Semiconductor Security Fund.--
(1) Establishment of fund.--There is established in the
Treasury of the United States a trust fund, to be known as
the ``Multilateral Semiconductor Security Fund'' (in this
section referred to as the ``Fund''), consisting of any
appropriated funds credited to the Fund.
(2) Purpose.--The purpose of the Fund shall be to work with
and support a variety of stakeholders, including governments,
businesses, academia, and civil society, and allies or
partner nations who are members of the Fund and are critical
to the global semiconductor supply chain in order to build
safe and secure semiconductor supply chains outside of and
devoid of entities from countries subject to a United States
embargo. Considerations for building safe and secure
semiconductor supply chains include, but are not limited to--
(A) relevant semiconductor designs;
(B) chemicals and materials relevant to the semiconductor
industry;
(C) semiconductor design tools;
(D) semiconductor manufacturing equipment; and
(E) basic and applied semiconductor research capability.
(3) Restriction of use of funds.--
(A) Availability contingent on international agreement.--
Amounts in the Fund shall be available to the Secretary of
State, subject to appropriation, on and after the date on
which the Secretary enters into an agreement with at least 5
other governments of countries that are allies or partners of
the United States that are critical to the global
semiconductor supply chain to participate in the common
funding mechanism under subsection (b)(1) and the commitments
described in paragraph (2) of that subsection.
(B) Limitation.--At no point during fiscal years 2021
through 2030 shall a United States contribution cause the
cumulative total of United States contributions to exceed 33
percent of the total contributions to the Fund from all
sources.
(C) Notification.--The Secretary of State shall notify the
appropriate congressional committees not later than 15 days
in advance of making a contribution to the Fund, including--
[[Page H3396]]
(i) the amount of the proposed contribution;
(ii) the total of funds contributed by other donors; and
(iii) the national interests served by United States
participation in the Fund.
(D) Withholdings.--
(i) Support for acts of international terrorism.--If at any
time the Secretary of State determines that the Fund has
provided assistance to a country, the government of which the
Secretary of State has determined, for purposes of section
620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371)
has repeatedly provided support for acts of international
terrorism, the United States shall immediately withhold
contributions to the Fund and cease participating in Fund
activities.
(ii) Support for embargoed countries.--If at any time the
Secretary of State determines that the Fund, or any
investments made by the fund, has supported the semiconductor
supply chain of or an entity with a substantial nexus to the
semiconductor supply chain of a country under a United State
embargo, the United States shall immediately withhold
contributions and no longer make any contributions until it
certifies that non-market economies do not stand to benefit
from investments made from the Fund.
(iii) Excessive salaries.--If at any time during any of the
fiscal years 2021 through 2025, the Secretary of State
determines that the salary of any individual employed by the
Fund exceeds the salary of the Vice President of the United
States for that fiscal year, then the United States should
withhold from its contribution for the next fiscal year an
amount equal to the aggregate amount by which the salary of
each such individual exceeds the salary of the Vice President
of the United States.
(4) Ensuring permanent member status.--If at any time the
Secretary of State certifies that the United States does not
have a permanent representative to the Board of Trustees as
established in paragraph (6), the Secretary shall withhold
contributions to the Fund until the Secretary certifies that
the United States is given a permanent seat.
(5) Composition.--
(A) In general.--The Fund should be governed by a Board of
Trustees, to be composed of representatives of participating
allies and partners that are donors or participants in the
Fund. The Board of Trustees should include--
(i) 5 permanent member countries, who qualify based upon
meeting an established initial contribution threshold, whose
contributions should cumulatively be not less than 50 percent
of total contributions, and who should hold veto power over
programs and projects; and
(ii) 5 term members, as appropriate, who are selected by
the permanent members on the basis of their commitment to
building a free secure semiconductor supply chain.
(B) Qualifications.--Individuals appointed to the Board
shall have demonstrated knowledge and experience in the
fields of semiconductors, semiconductor manufacturing, and
supply chain management.
(C) United states representation.--
(i) In general.--
(I) Founding permanent member.--The Secretary of State
shall seek to establish the United States as a founding
permanent member of the Fund.
(II) Coordinator of united states government activities to
advance semiconductor supply chain security.--The Secretary
of State shall appoint an individual qualified as according
to subparagraph (B) of this subsection to represent the
United States on the Board of Trustees.
(ii) Effective and termination dates.--
(I) Effective date.--This paragraph shall take effect upon
the date the Secretary of State, in coordination with the
Secretary of the Treasury, certifies and transmits to
Congress an agreement establishing the Fund.
(II) Termination date.--The membership established pursuant
to clause (i) shall terminate upon the date of termination of
the Fund.
(D) Removal procedures.--The Fund shall establish
procedures for the removal of member donors of the Board who
do not abide by the Fund's core objectives as defined in
paragraph (4) of this section.
(6) Availability of amounts.--
(A) In general.--Amounts in the Fund shall remain available
through the end of the 10th fiscal year beginning after the
date of the enactment of this Act.
(B) Remainder to treasury.--Any amounts remaining in the
Fund after the end of the fiscal year described in
subparagraph (A) shall be deposited in the general fund of
the Treasury.
(b) Common Funding Mechanism for Development and Adoption
of Secure Semiconductor and Secure Semiconductor Supply
Chains.--
(1) In general.--The Secretary of State, in consultation
with the Secretary of Commerce, Secretary of Energy, the
Secretary of Defense, the Secretary of Homeland Security, the
Secretary of the Treasury, and the Director of National
Intelligence, shall seek to establish a common funding
mechanism, in coordination with the governments of countries
that are Members of the Fund, that uses amounts from the
Fund, and amounts committed by such governments, to support
those efforts described in subsection (a).
(2) Mutual commitments.--The Secretary of State, in
consultation with the United States Trade Representative, the
Secretary of Treasury, and the Secretary of Commerce, shall
seek to negotiate a set of mutual commitments with the
governments of countries that are Members of the Fund upon
which to condition any expenditure of funds pursuant to the
common funding mechanism described in paragraph (1). Such
commitments shall, at a minimum--
(A) develop common policies for the protection of basic and
applied research in both academic and commercial settings;
(B) develop common reporting requirements for researchers
participating in talents programs of countries subject to a
United States arms embargo;
(C) establish substantially similar if not identical export
controls licensing requirements for all segments of the
semiconductor supply chain;
(D) establish substantially similar if not identical
policies for inbound investment from entities with a
substantial nexus to countries subject to an embargo in all
segments of the semiconductor supply chain;
(E) establish harmonized treatment of semiconductors and
verification processes for the importation of semiconductors
or items incorporating semiconductors from embargoed
countries;
(F) establish common policies on protecting knowledge,
know-how, and personnel from migrating to embargoed countries
or taking employment with entities with a substantial nexus
to these countries;
(G) develop common policies, including disclosure
requirements and restrictions, on outbound investments,
including index funds, into entities that support or
contribute to the development of the semiconductor industry
in countries subject to an embargo;
(H) establish transparency requirements for any subsidies
or other financial benefits (including revenue foregone)
provided to semiconductor firms located in or outside such
countries;
(I) establish consistent policies with respect to countries
that--
(i) are not participating in the common funding mechanism;
and
(ii) do not meet transparency requirements established
under subparagraph (H);
(J) promote harmonized treatment of semiconductor and
verification processes for items being exported to a country
considered a national security risk by a country
participating in the common funding mechanism;
(K) establish a consistent policies and common external
policies to address nonmarket economies as the behavior of
such countries pertains to semiconductor; and
(L) align policies on supply chain integrity and
semiconductor security.
(3) Annual report to congress.--Not later than one year
after the date of the enactment of this Act, and annually
thereafter for each fiscal year during which amounts in the
Fund are available under subsection (a), the Secretary of
State shall submit to Congress a report on the status of the
implementation of this section that includes a description
of--
(A) any commitments made by the governments of countries
that are partners of the United States to providing funding
for the common funding mechanism described in subsection
(b)(1) and the specific amount so committed;
(B) the criteria established for expenditure of funds
through the common funding mechanism;
(C) how, and to whom, amounts have been expended from the
Fund;
(D) amounts remaining in the Fund;
(E) the progress of the Secretary of State toward entering
into an agreement with the governments of countries that are
partners of the United States to participate in the common
funding mechanism and the commitments described in subsection
(b)(2); and
(F) any additional authorities needed to enhance the
effectiveness of the Fund in achieving the security goals of
the United States.
(4) Gao report on trust fund effectiveness.--Not later than
2 years after the date that the Fund is formally established,
the Comptroller General of the United States shall submit to
the appropriate congressional committees a report evaluating
the effectiveness of the Fund, including--
(A) the effectiveness of the programs, projects, and
activities supported by the Fund; and
(B) an assessment of the merits of continued United States
participation in the Fund.
SEC. 17_. ADVANCED SEMICONDUCTOR RESEARCH AND DESIGN.
(a) Appropriate Committees of Congress.--In this section,
the term ``appropriate committees of Congress'' means--
(1) the Committee on Intelligence, the Committee on
Commerce, Science, and Transportation, the Committee on
Foreign Relations, the Committee on Armed Services, the
Committee on Energy and Natural Resources, the Committee on
Appropriations, the Committee on Banking, Housing, and Urban
Affairs, the Committee on Health, Education, Labor, and
Pensions and the Committee on Homeland Security and
Governmental Affairs of the Senate; and
(2) the Permanent Select Committee on Intelligence, the
Committee on Energy and Commerce, the Committee on Foreign
Affairs, the Committee on Armed Services, the Committee on
Science, Space, and Technology, the Committee on Financial
Services, the Committee on Education and Labor and the
Committee on Homeland Security of the House of
Representatives.
[[Page H3397]]
(b) Sense of Congress.--It is the sense of Congress that
the leadership of the United States in semiconductor
technology and innovation is critical to the economic growth
and national security of the United States.
(c) Subcommittee on Semiconductor Leadership.--
(1) Establishment required.--The President shall establish
in the National Science and Technology Council a subcommittee
on matters relating to leadership of the United States in
semiconductor technology and innovation.
(2) Duties.--The duties of the subcommittee established
under paragraph (1) are as follows:
(A) National strategy on semiconductor research.--
(i) Development.--In coordination with the Secretary of
Defense, the Secretary of Energy, the Secretary of State, the
Secretary of Commerce, the Secretary of Homeland Security,
the Secretary of Labor, the Director of the National Science
Foundation, and the Director of the National Institute of
Standards and Technology and in consultation with the
semiconductor industry and academia, develop a national
strategy on semiconductor research, development,
manufacturing, and supply chain security, including guidance
for the funding of research, and strengthening of the
domestic semiconductors workforce.
(ii) Reporting and updates.--Not less frequently than once
every 5 years, to update the strategy developed under clause
(i) and to submit the revised strategy to the appropriate
committees of Congress.
(iii) Implementation.--In coordination with the Secretary
of Defense, the Secretary of Energy, the Secretary of State,
the Secretary of Commerce, the Secretary of Homeland
Security, the Director of the National Science Foundation,
and the Director of the National Institute of Standards and
Technology, on an annual basis coordinate and recommend each
agency's semiconductor related research and development
programs and budgets to ensure consistency with the National
Semiconductor Strategy.
(B) Fostering coordination of research and development.--To
foster the coordination of semiconductor research and
development.
(3) Sunset.--The subcommittee established under paragraph
(1) shall terminate on the date that is 10 years after the
date of enactment of this Act.
(d) Industrial Advisory Committee.--The President shall
establish a standing subcommittee of the President's Council
of Advisors on Science and Technology to advise the United
States Government on matters relating to semiconductors
policy.
(e) National Semiconductor Technology Center.--
(1) Establishment.--The Secretary of Commerce shall
establish a national semiconductor technology center to
conduct research and prototyping of advanced semiconductor
technology to strengthen the economic competitiveness and
security of the domestic supply chain, which will be operated
as a public private-sector consortium with participation from
the private sector, the Department of Defense, the Department
of Energy, the Department of Homeland Security, the National
Science Foundation, and the National Institute of Standards
and Technology.
(2) Functions.--The functions of the center established
under paragraph (1) shall be as follows:
(A) To conduct advanced semiconductor manufacturing, design
research, and prototyping that strengthens the entire
domestic ecosystem and is aligned with the National Strategy
on Semiconductor Research.
(B) To establish a National Advanced Packaging
Manufacturing Program led by the National Institute of
Standards and Technology, in coordination with the Center, to
strengthen semiconductor advanced test, assembly, and
packaging capability in the domestic ecosystem, and which
shall coordinate with the Manufacturing USA institute
established under paragraph (4).
(C) To establish an investment fund, in partnership with
the private sector, to support startups in the domestic
semiconductor ecosystem.
(D) To establish a Semiconductor Manufacturing Program
through the Director of the National Institute of Standards
and Technology to enable advances and breakthroughs in
measurement science, standards, material characterization,
instrumentation, testing, and manufacturing capabilities that
will accelerate the underlying research and development for
metrology of next generation semiconductors and ensure the
competitiveness and leadership of the United States within
this sector.
(E) To work with the Secretary of Labor, the private
sector, educational institutions, and workforce training
entities to develop workforce training programs and
apprenticeships in advanced semiconductor packaging
capabilities.
(3) Components.--The fund established under paragraph
(2)(C) shall cover the following:
(A) Advanced metrology and characterization for
manufacturing of microchips using 3 nanometer transistor
processes or more advanced processes.
(B) Metrology for security and supply chain verification.
(4) Creation of a manufacturing usa institute.--The fund
established under paragraph (2)(C) may also cover the
creation of a Manufacturing USA institute described in
section 34(d) of the National Institute of Standards and
Technology Act (15 U.S.C. 278s(d)) that is focused on
semiconductor manufacturing. Such institute may emphasize the
following:
(A) Research to support the virtualization and automation
of maintenance of semiconductor machinery.
(B) Development of new advanced test, assembly and
packaging capabilities.
(C) Developing and deploying educational and skills
training curricula needed to support the industry sector and
ensure the United States can build and maintain a trusted and
predictable talent pipeline.
(f) Authorizations of Appropriations.--
(1) National semiconductor technology center.--
(A) In general.--There is authorized to be appropriated to
carry out subsection (e), $914,000,000 for fiscal year 2021--
(i) of which, $300,000,000 shall be available to carry out
subsection (e)(2)(A);
(ii) of which, $500,000,000 shall be available to carry out
subsection (e)(2)(B);
(iii) of which, $50,000,000 shall be available to carry out
subsection (e)(2)(C);
(iv) of which, $50,000,000 shall be available to carry out
subsection (e)(2)(D)--
(I) of which, $2,000,000 shall be available for each of
fiscal year 2021 to carry out subsection (e)(3)(A);
(II) of which, $2,000,000 shall be available for fiscal
years 2021 o carry out subsection (e)(3)(B); and
(III) of which, $5,000,000 shall be available for fiscal
year 2021 to carry out subsection (e)(4); and
(v) of which, $14,000,000 shall be available to carry out
subsection (e)(2)(E).
(3) Semiconductor research at national science
foundation.--There is authorized to be appropriated to carry
out programs at the National Science Foundation on
semiconductor research in alignment with the National
Strategy on Semiconductor Research, $300,000,000 for fiscal
year 2021.
(5) Semiconductors research at the national institute of
standards and technology.--There is authorized to be
appropriated to carry out semiconductors research at the
National Institute of Standards and Technology $50,000,000
for fiscal year 2021.
(g) Supplement, Not Supplant.--The amounts authorized to be
appropriated under paragraphs (1) through (4) of subsection
(f) shall supplement and not supplant amounts already
appropriated to carry out the purposes described in such
paragraphs.
(h) Domestic Production Requirements.--The head of any
executive agency receiving funding under this section shall
develop policies to require domestic production, to the
extent possible, for any intellectual property resulting from
semiconductors research and development conducted as a result
of these funds and domestic control requirements to protect
any such intellectual property from foreign adversaries.
SEC. 17_. PROHIBITION RELATING TO FOREIGN ENTITIES OF
CONCERN.
(a) Definition.--
(1) In this subtitle, the term ``foreign entity'' means--
(A) any person--
(i) controlled by, or is subject to the jurisdiction or
direction of a foreign government;
(ii) who acts as an agent, representative, is an employee
of, or acts in any other capacity at the order, request, or
under the direction or control, of a foreign government;
(iii) whose activities are directly or indirectly
supervised, directed, controlled, financed, or subsidized in
whole or in majority part by an interest as described in
subparagraph (B) of this subsection;
(iv) who directly or indirectly through any contract,
arrangement, understanding, relationship, or otherwise, owns
25 percent or more of the equity interests of an interest as
described in subparagraph (B) of this subsection, or has
significant responsibility to control, manage, or such an
interest;
(v) who is a citizen or resident, wherever located, of a
nation-state controlled by a foreign government; or
(B) Any organization, corporation, partnership or
association--
(i) organized under the laws of a nation-state controlled
by a foreign government; or
(ii) wherever organized or doing business, that is owned or
controlled by a foreign government.
(2) In this subtitle, the term ``foreign entity of
concern'' means any foreign entity (as defined by paragraph
(1) of this section)--
(A) designated as a foreign terrorist organization by the
Secretary of State under section 1189 of title 8;
(B) included on the list of specially designated nationals
and blocked persons maintained by the Office of Foreign
Assets Control of the Department of the Treasury; or
(C) alleged by the Attorney General to have been involved
in activities for which a conviction was obtained under any
of the following statutes:
(i) Espionage Act (18 U.S.C. 792 et seq.).
(ii) Section 951 or 1030 of title 18.
(iii) Economic Espionage Act (18 U.S.C. 1831 et seq.).
(iv) Arms Export Control Act (22 U.S.C. 2778).
(v) Section 2274, 2275, 2276, 2277, 2278, or 2284 of title
42.
(vi) Export Control Reform Act (50 U.S.C. 4801 et seq.); or
(vii) International Economic Emergency Powers Act (50
U.S.C. 1701 et seq.).
(b) Limitation.--None of the funds appropriated pursuant to
an authorization in this subtitle may be provided to a
grantee that is
[[Page H3398]]
determined to be a foreign entity of concern (as defined by
this subtitle).
Amendment No. 25 Offered by Mr. Ted Lieu of california
Add at the end of subtitle G of title XII the following:
SEC. 12__. ESTABLISHMENT OF THE OFFICE OF SUBNATIONAL
DIPLOMACY.
Section 1 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a) is amended by adding at the end the
following new subsection:
``(h) Office of Subnational Diplomacy.--
``(1) In general.--There shall be established within the
Department of State an Office of Subnational Diplomacy (in
this subsection referred to as the `Office').
``(2) Head of office.--The head of the Office shall be a
full-time position filled by a senior Department official.
The head of the Office shall report directly to the Under
Secretary for Political Affairs.
``(3) Duties.--
``(A) Principal duty.--The principal duty of the head of
the Office shall be the overall supervision (including policy
oversight of resources) of Federal support for subnational
engagements by State and municipal governments with foreign
governments. The head of the Office shall be the principal
adviser to the Secretary of State on subnational engagements
and the principal official on such matters within the senior
management of the Department of State.
``(B) Additional duties.--The additional duties of the head
of the Office shall include the following:
``(i) Coordinating overall United States policy and
programs in support of subnational engagements by State and
municipal governments with foreign governments, including
with respect to the following:
``(I) Coordinating resources across the Department of State
and throughout the Federal Government in support of such
engagements.
``(II) Identifying policy, program, and funding disputes
among relevant Federal agencies regarding such coordination.
``(III) Identifying gaps in Federal support for such
engagements and developing corresponding policy or
programmatic changes to address such gaps.
``(ii) Promoting United States foreign policy goals through
support for subnational engagements and aligning subnational
priorities with national foreign policy goals, as
appropriate.
``(iii) Maintaining a public database of subnational
engagements.
``(iv) Providing advisory support to subnational
engagements, including by assisting State and municipal
governments to--
``(I) develop, implement, and, as necessary, adjust global
engagement and public diplomacy strategies; and
``(II) implement programs to cooperate with foreign
governments on policy priorities or managing shared
resources.
``(v) Facilitating linkages and networks between State and
municipal governments and their foreign counterparts.
``(vi) Overseeing the work of Department of State detailees
assigned to State and municipal governments pursuant to this
subsection.
``(vii) Negotiating agreements and memoranda of
understanding with foreign governments to support subnational
engagements and priorities.
``(viii) Promoting United States trade and foreign exports
on behalf of United States businesses through exchanges
between the United States and foreign state, municipal, and
provincial governments, and by establishing a more enduring
relationship overall between subnational governments.
``(ix) Coordinating subnational engagements with the
associations of subnational elected leaders, including the
U.S. Conference of Mayors, National Governors Association,
National League of Cities, National Association of Counties,
Council of State Governments, National Conference of State
Legislators, and State International Development Offices.
``(4) Detailees.--
``(A) In general.--The Secretary of State, acting through
the head of the Office, is authorized to detail a member of
the civil service or Foreign Service to State and municipal
governments on a reimbursable or nonreimbursable basis. Such
details shall be for a period not to exceed two years, and
shall be without interruption or loss of Foreign Service
status or privilege.
``(B) Responsibilities.--Detailees under subparagraph (A)
shall carry out the following:
``(i) Supporting the mission and objectives of the Office.
``(ii) Coordinating activities relating to State and
municipal government subnational engagements with the
Department of State, including the Office, Department
leadership, and regional and functional bureaus of the
Department, as appropriate.
``(iii) Engaging the Department of State and other Federal
agencies regarding security, public health, trade promotion,
and other programs executed at the State or municipal
government level.
``(iv) Advising State and municipal government officials
regarding questions of global affairs, foreign policy,
cooperative agreements, and public diplomacy.
``(v) Any other duties requested by State and municipal
governments and approved by the Office.
``(5) Report and briefing.--
``(A) Report.--Not later than one year after the date of
the enactment of this subsection, the head of the Office
shall submit to the Committee on Foreign Affairs of the House
of Representatives and the Committee on Foreign Relations of
the Senate a report that includes information relating to the
following:
``(i) The staffing plan (including permanent and temporary
staff) for the Office.
``(ii) The funding level provided to the Office for the
Office, together with a justification relating to such level.
``(iii) The status of filling the position of head of the
Office.
``(iv) The rank and title granted to the head of the
Office, together with a justification relating to such
decision and an analysis of whether the rank and title of
Ambassador-at-Large is required to fulfill the duties of the
Office.
``(v) A strategic plan for the Office.
``(vi) Any other matters as determined relevant by the head
of the Office.
``(B) Briefings.--Not later than 30 days after the
submission of the report required under subparagraph (A) and
annually thereafter, the head of the Office shall brief the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate on the
work of the Office and any changes made to the organizational
structure or funding of the Office.
``(6) Rule of construction.--Nothing in this subsection may
be construed as precluding--
``(A) the Office from being elevated to a bureau within the
Department of State; or
``(B) the head of the Office from being elevated to an
Assistant Secretary, if such an Assistant Secretary position
does not increase the number of Assistant Secretary positions
at the Department above the number authorized under
subsection (c)(1).
``(7) Definitions.--In this subsection:
``(A) Municipal.--The term `municipal' means, with respect
to the government of a municipality in the United States, a
municipality with a population of not fewer than 100,000
people.
``(B) State.--The term `State' means the 50 States, the
District of Columbia, and any territory or possession of the
United States.
``(C) Subnational engagement.--The term `subnational
engagement' means formal meetings or events between elected
officials of State or municipal governments and their foreign
counterparts.''.
amendment no. 26 offered by mr. young of alaska
At the end of subtitle D of title V, insert the following:
SEC. 5__. REQUIREMENT OF CERTAIN CERTIFICATION BEFORE
DEPORTATION OF A SPOUSE OF A MEMBER OF THE
ARMED FORCES.
(a) In General.--A spouse of a member of the Armed Forces
may not be removed from the United States until the Secretary
concerned certifies to the congressional defense committees
that--
(1) the Secretary concerned has determined that such
removal shall not negatively affect the morale, welfare, or
well-being of that member;
(2) the Secretary concerned has reviewed all information,
including extenuating circumstances, relating to such
removal; and
(3) the Secretary concerned has assisted the member and
spouse to the greatest extent practicable.
(b) Secretary Concerned Defined.--In this section, the term
``Secretary concerned'' has the meaning given that term in
section 101 of title 10, United States Code.
amendment no. 27 offered by Mr. richmond of louisiana
Add at the end of subtitle C of title XVI the following:
SEC. 16__. CRITICAL INFRASTRUCTURE CYBER INCIDENT REPORTING
PROCEDURES.
(a) In General.--Not later than one year after the date of
enactment of this Act, the Secretary, acting through the
Director, and in consultation with Sector Risk Management
Agencies and other appropriate Federal departments, shall,
after notice and an opportunity for comment, establish
requirements and a process for covered critical
infrastructure entities to report a covered cybersecurity
incident to the national cybersecurity and communications
integration center of the Department of Homeland Security, in
furtherance of its mission with respect to cybersecurity
risks as set forth in section 2209.
(b) Procedures.--The cybersecurity incident reporting
requirements and process described in subsection (a) shall,
at a minimum, include--
(1) a definition of covered critical infrastructure
entities that are required to comply with the reporting
requirements of this section, based on threshold criteria
related to--
(A) the likelihood that such entity may be targeted by a
malicious cyber actor, including a foreign country;
(B) consequences that disruption to or compromise of such
entity could cause to national security, economic security,
or public health and safety; and
(C) maturity of security operations in detecting,
investigating, and mitigating a cybersecurity incident;
(2) criteria for the types and thresholds for a covered
cybersecurity incident to be reported under this section,
including the sophistication or novelty of the cyber attack,
the type, volume, and sensitivity of the data
[[Page H3399]]
at issue, and the number of individuals affected or
potentially affected by a cybersecurity incident, subject to
the limitations described in subsection (c); and
(3) procedures to comply with reporting requirements
pursuant to subsection (c).
(c) Cybersecurity Incident Reporting Requirements for
Covered Critical Infrastructure Entities.--
(1) In general.--A covered critical infrastructure entity,
as defined by the Director pursuant to subsection (b),meets
the requirements of this paragraph if, upon becoming aware
that a covered cybersecurity incident, including an incident
involving ransomware, social engineering, malware, or
unauthorized access, has occurred involving any critical
infrastructure system or subsystem of the critical
infrastructure, the entity--
(A) promptly reports such incident to the national
cybersecurity and communications integration center,
consistent with such requirements and process, as soon as
practicable (but in no case later than 72 hours after the
entity first becomes aware that the incident occurred); and
(B) provides all appropriate updates to any report
submitted under subparagraph (A).
(2) Contents of report.--Each report submitted under
subparagraph (A) of paragraph (1) shall contain such
information as the Director prescribes in the reporting
procedures issued under subsection (a), including the
following information with respect to any cybersecurity
incident covered by the report:
(A) The date, time, and time zone when the cybersecurity
incident began, if known.
(B) The date, time, and time zone when the cybersecurity
incident was detected.
(C) The date, time, and duration of the cybersecurity
incident.
(D) The circumstances of the cybersecurity incident,
including the specific critical infrastructure systems or
subsystems believed to have been accessed and information
acquired, if any, as well as any interdependent systems that
suffered damage, disruption, or were otherwise impacted by
the incident.
(E) Any planned and implemented technical measures to
respond to and recover from the incident.
(F) In the case of any report which is an update to a prior
report, any additional material information relating to the
incident, including technical data, as it becomes available.
(d) Effect of Other Reporting.--A covered critical
infrastructure entity shall not be considered to have
satisfied the reporting requirements set forth in subsection
(c)(1) by reporting information required pursuant to
subsection (c)(2) related to a covered cybersecurity incident
to any person, agency or organization, including a law
enforcement agency, other than to the Director using the
incident reporting procedures establish by the national
cybersecurity and communications integration center using the
incident reporting procedures established by the Director
pursuant to subsection (a). (e) DISCLOSURE, RETENTION, AND
USE.--
(1) Authorized activities.--Covered cybersecurity incidents
and related reporting information provided to the Director
pursuant to this section may not be disclosed to, retained
by, or? used by, consistent with otherwise applicable
provisions of Federal law, any Federal agency or department,
or any component, officer, employee, or agent of the Federal
Government, except if the Director determines such
disclosure, retention, or use is necessary for--
(A) the purpose of identifying--
(i) a cybersecurity threat as such term is defined
insection 102(5) of the Cybersecurity Act of 2015 (contained
in division N of the Consolidated Appropriations Act, 2016
(Public Law 114-113; 6 U.S.C. 1501)), including the source of
such cybersecurity threat; or
(ii) a security vulnerability;
(B) the purpose of responding to, or otherwise preventing
or mitigating, a specific threat of death, serious bodily
harm, or serious economic harm, including a terrorist act or
a use of a weapon of mass destruction;
(C) the purpose of responding to, investigating,
prosecuting, or otherwise preventing or mitigating, a serious
threat to a minor, including sexual exploitation and threats
to physical safety; or
(D) the purpose of preventing, investigating, disrupting,
or prosecuting an offense arising out of a threat described
in subparagraphs (B)-(C) (3) or any of the offenses listed
in--
(i) sections 1028 through 1030 of title 18, United States
Code (relating to fraud and identity theft);
(ii) chapter 37 of such title (relating to espionage and
censorship); and
(iii) chapter 90 of such title (relating to protection of
trade secrets).
(2) Exception.--The Director may enter into an agreement
with a federally funded research and development center or
other research institution to provide information in an
anonymized manner for the purpose of aggregating and
analyzing cybersecurity incident data and other reported
information for the limited purpose of better understanding
the cyber threat landscape, subject to appropriate
protections for information and removal of any unnecessary
personal or identifying information.
(3) Privacy and civil liberties.--Covered cybersecurity
incidents and related reporting information provided to the
Director pursuant to this section shall be retained, used,
and disseminated, where permissible and appropriate, by the
Federal Government--
(A) in a manner that protects from unauthorized use or
disclosure any information reported under this section that
may contain--
(i) personal information of a specific individual; or
(ii) information that identifies a specific individual; and
(B) in a manner that protects the confidentiality of
information reported under this section containing--
(i) personal information of a specific individual; or
(ii) information that identifies a specific individual.
(4) Federal regulatory authority.--Information regarding a
covered cybersecurity incident and related reporting
information provided to the Director pursuant to this section
may not be used by any Federal, State, Tribal, or local
government to regulate, including through an enforcement
action, the lawful activities of any non-Federal entity.
(f) Limitation.--The Director may not set criteria or
develop procedures pursuant to this Act that require a
covered critical infrastructure entity, identified pursuant
to subsection (b)(1), to report on any cybersecurity incident
unless such incident--
(1) causes a loss in the confidentiality, integrity, or
availability of proprietary, sensitive, or personal
information;
(2) results in a disruption or otherwise inhibits the
ability of an entity to deliver services or conduct its
primary business activity; or
(3) was carried out by a foreign country, or where there is
reason to believe a foreign country was involved in such
incident.
(g) Definitions.--In this section:
(1) Covered critical infrastructure entity.--The term
``covered critical infrastructure entity'' is an entity
thatowns, operates, supports, or maintains critical
infrastructure which meets the definition set forth by the
Director pursuant to subsection (b)(1).
(2) Covered cybersecurity incident.--The term ``covered
cybersecurity incident'' means a cybersecurity incident
experienced by a covered critical infrastructure entity that
meets the definition and criteria set forth by the Director
in the procedures prescribed pursuant to subsection (b)(2),
subject to the limitations in subsection (f). ) that involve,
at a minimum, an incident that--
(3) Critical infrastructure.--The term ``critical
infrastructure'' has the meaning given that term in section
2(4) of the Homeland Security Act of 2002 (Public Law 107-
196; 6 U.S.C. 101(4)).
(4) Cybersecurity risk.--The term ``cybersecurity risk''
has the meaning given that term in section 2209 of the
Homeland Security Act of 2002 (6 U.S.C. 659).
(5) Department.--The term ``Department'' means the
Department of Homeland Security.
(6) Director.--The term ``Director'' means the Director of
the Cybersecurity and Infrastructure Security Agency of the
Department.
(7) National cybersecurity and communications integration
center.--The term ``national cybersecurity and communications
integration center'' or ``Center'' means the national
cybersecurity and communications integration center described
in section 2209 of the Homeland Security Act of 2002 (6
U.S.C. 659).
(8) Secretary.--The term ``Secretary'' means the Secretary
of Homeland Security.
(9) Sector specific agency.--The term ``Sector Specific
Agency'' has the meaning given that term in section 2201(5)
of the Homeland Security Act of 2002 (6 U.S.C. 651(5)).
amendment no. 28 offered by mr. keating of massachusetts
At the end of subtitle B of title XII, add the following:
SEC. 12__. MODIFICATIONS TO IMMUNITY FROM SEIZURE UNDER
JUDICIAL PROCESS OF CULTURAL OBJECTS.
(a) In General.--The Act of October 19, 1965, entitled ``An
Act to render immune from seizure under judicial process
certain objects of cultural significance imported into the
United States for temporary display or exhibition, and for
other purposes'' (79 Stat. 985, 22 U.S.C. 2459) is amended--
(1) in the heading, by striking ``temporary exhibition or
display'' and inserting ``temporary storage, conservation,
scientific research, exhibition, or display'';
(2) in subsection (a)--
(A) by striking ``the temporary exhibition or display
thereof'' each place it appears and inserting ``temporary
storage, conservation, scientific research, exhibition, or
display''; and
(B) by striking ``cultural or educational'' each place it
appears and inserting ``cultural, educational, or
religious''; and
(3) by adding at the end the following:
``(d) For purposes of this section, the terms `imported'
and `importation' include a transfer from a mission of a
foreign country located within the United States to a
cultural, educational, or religious institution located
within the United States.''.
(b) Afghanistan.--
(1) In general.--A work of art or other object of cultural
significance that is imported into the United States for
temporary storage, conservation, scientific research,
exhibition, or display shall be deemed to be immune from
seizure under such Act of October 19, 1965 (22 U.S.C. 2459)
(as amended by subsection (a)), and the provisions of such
Act shall apply in the same manner and to the same extent to
such work or object, if--
[[Page H3400]]
(A) the work or object is exported from Afghanistan with an
export permit or license duly issued by the Government of
Afghanistan; and
(B)(i) an agreement is entered into between the Government
of Afghanistan and the cultural, educational, or religious
institution within the United States that specifies the
conditions for such material to be returned to Afghanistan;
or
(ii) the work or object is transferred to a cultural,
educational, or religious institution in the United States in
accordance with an agreement described in clause (i) that
also includes an authorization to transfer such work or
object to such an institution.
amendment no. 30 offered by ms. adams of north carolina
Page 648, after line 11, insert the following new
paragraph:
(7) shall establish and maintain a strategic plan for
diverse participation by institutions of higher education
(including historically black colleges and universities and
minority-serving institutions), federally funded research and
development centers, and individuals in defense-related
research, development, testing, and evaluation activities;
Page 648, line 12, strike ``(7)'' and insert ``(8)''.
Page 648, line 15, strike ``(8)'' and insert ``(9)''.
Page 648, line 18, strike ``(9)'' and insert ``(10)''.
amendment no. 31 offered by Mr. Aguilar of california
At the end of subtitle A of title V, insert the following
new sections:
SEC. 5__. TEMPORARY EXPANSION OF AVAILABILITY OF ENHANCED
CONSTRUCTIVE SERVICE CREDIT IN A PARTICULAR
CAREER FIELD UPON ORIGINAL APPOINTMENT AS A
COMMISSIONED OFFICER.
(a) Regular Officers.--Subparagraph (D) of section
533(b)(1) of title 10, United States Code, is amended to read
as follows:
``(D) Additional credit as follows:
``(i) For special training or experience in a particular
officer field as designated by the Secretary concerned, if
such training or experience is directly related to the
operational needs of the armed force concerned.
``(ii) During fiscal years 2021 through 2025, for advanced
education in an officer field so designated, if such
education is directly related to the operational needs of the
armed force concerned.''.
(b) Reserve Officers.--Section 12207(b)(1) of such title is
amended--
(1) in the matter preceding subparagraph (A), ``or a
designation in'' and all that follows through ``education or
training,'' and inserting ``and who has special training or
experience, or advanced education (if applicable),''; and
(2) by striking subparagraph (D) and inserting the
following new subparagraph:
``(D) Additional credit as follows:
``(i) For special training or experience in a particular
officer field as designated by the Secretary concerned, if
such training or experience is directly related to the
operational needs of the armed force concerned.
``(ii) During fiscal years 2021 through 2025, for advanced
education in an officer field so designated, if such
education is directly related to the operational needs of the
armed force concerned.''.
(c) Annual Report.--
(1) In general.--Not later than February 1, 2022, and every
four years thereafter, each Secretary of a military
department shall submit to the Committees on Armed Services
of the Senate and the House of Representatives a report on
the use of the authorities in subparagraph (D) of section
553(b)(1) of title 10, United States Code (as amended by
subsection (a)), and subparagraph (D) of section 12207(b)(1)
of such title (as amended by subsection (b)) (each referred
to in this subsection as a ``constructive credit authority'')
during the preceding fiscal year for the Armed Forces under
the jurisdiction of such Secretary.
(2) Elements.--Each report under paragraph (1) shall
include, for the fiscal year and Armed Forces covered by such
report, the following:
(A) The manner in which constructive service credit was
calculated under each constructive credit authority.
(B) The number of officers credited constructive service
credit under each constructive credit authority.
(C) A description and assessment of the utility of the
constructive credit authorities in meeting the operational
needs of the Armed Force concerned.
(D) Such other matters in connection with the constructive
credit authorities as the Secretary of the military
department concerned considers appropriate.
SEC. 5__. PERMANENT PROGRAMS ON DIRECT COMMISSIONS TO CYBER
POSITIONS.
Section 509 of the National Defense Authorization Act for
Fiscal Year 2017 (Public Law 114-328; 10 U.S.C. 503 note) is
amended--
(1) by striking ``pilot'' each place it appears; and
(2) by striking subsections (d) and (e).
amendment no. 32 Offered by Mr. Aguilar of California
Page 440, line 4, insert ``Each such report shall include
an accounting and detailing of every incident of white
supremacist activity documented in the Department of
Defense.'' after the period.
amendment no. 33 Offered by Mr. Aguilar of California
At the end of subtitle F of title XVI, add the following
new section:
SEC. 16__. LIMITATION ON AVAILABILITY OF FUNDS RELATING TO
REPORTS ON MISSILE SYSTEMS AND ARMS CONTROL
TREATIES.
(a) Limitation.--
(1) In general.--Beginning on October 1, 2020, if the
Secretary of Defense has not submitted the covered reports,
not more than 25 percent of the funds specified in paragraph
(2) may be obligated or expended until the date on which the
covered reports have been submitted.
(2) Funds specified.--The funds specified in this paragraph
are the funds authorized to be appropriated by the William M.
(Mac) Thornberry National Defense Authorization Act for
Fiscal Year 2021 or otherwise made available for fiscal year
2021 for the immediate office of the Secretary of Defense.
(b) Covered Reports Defined.--In this section, the term
``covered reports'' means--
(1) the report under section 1698(b) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 133 Stat. 1792); and
(2) the assessment under section 1236(b) of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92; 133 Stat. 1650).
amendment no. 34 Offered by Mr. Allred of Texas
At the end of subtitle G of title XII, add the following:
SEC. _. REPORT AND STRATEGY TO ADDRESS GROSS VIOLATIONS OF
HUMAN RIGHTS AND CIVILIAN HARM IN BURKINA FASO,
MALI, AND NIGER.
(a) Report Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter for 3
years, the Secretary of Defense and the Secretary of State
shall jointly submit to the appropriate congressional
committees a report on gross violations of human rights and
civilian harm in Burkina Faso, Mali, and Niger, as well as
civilian harm that may occur during United States-supported
advise, assist, and accompany operations in the Sahel region.
(2) Matters to be included.--The report required by this
subsection shall include the following:
(A) An identification of all state security force units of
Burkina Faso, Mali, and Niger that participated in United
States security cooperation programs or benefitted from
security assistance since fiscal year 2017, whether any of
these units were subsequently credibly implicated in gross
violations of human rights, including extrajudicial killings
and torture, and the approximate locations, to the extent
possible, of where such violations have taken place.
(B) A description of gross violations of human rights and
civilian harm committed by violent extremist organizations
and other armed groups operating in Burkina Faso, Mali, and
Niger, including deaths of state security forces and
destruction of civilian infrastructure, including schools,
medical facilities, and churches.
(C) An assessment of the relationship between state
security forces and any non-state armed groups active in
Burkina Faso, Mali, and Niger, including an analysis of the
extent to which any armed group that has been credibly
implicated in gross violations of human rights or civilian
casualties received material support from the governments or
militaries of such countries.
(D) An assessment of efforts by the Governments of Burkina
Faso, Mali, and Niger to prevent and decrease instances of
gross violations of human rights or civilian casualties by
state security forces during counterterrorism operations and
ensure accountability for violations that have occurred since
fiscal year 2017 through appropriate justice systems,
including efforts to investigate, prosecute, and sentence
such violations.
(E) An assessment of the impact that any gross violations
of human rights and other civilian casualties perpetrated by
state security forces and non-state armed groups in Burkina
Faso, Mali, and Niger have had on the effectiveness of
regional and international counterterrorism operations.
(F) An assessment of the effectiveness of any United States
human rights training provided to the security forces of
Burkina Faso, Mali, and Niger to date.
(G) A description of any confirmed incidents or reports of
civilian harm that may have occurred during United States
military advise, assist, or accompany operations.
(H) Any other matters that the Secretary of Defense and the
Secretary of State consider to be relevant.
(b) Strategy Required.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense and the
Secretary of State shall jointly submit to the appropriate
congressional committees a United States strategy to prevent
civilian harm and address gross violations of human rights by
state security forces of Burkina Faso, Mali, and Niger, and
ensure accountability for such violations.
(2) Matters to be included.--The strategy required by this
subsection shall include the following:
(A) A description of planned public and private diplomatic
engagement to support efforts by the Governments of Burkina
Faso, Mali, and Niger to investigate and prosecute any
credible allegations of gross violations
[[Page H3401]]
of human rights by state security forces and non-state armed
groups.
(B) An identification of United States foreign assistance
and security cooperation funds and other available United
States policy tools to support programs aimed at addressing
gross violations of human rights and civilian harm, and an
assessment of how they can be strengthened to greater effect.
(C) An identification of United States foreign assistance
and security cooperation funds available to support the state
security forces of Burkina Faso, Mali, and Niger to combat
violent extremist organizations, improve civil-military
relations, and strengthen accountability through their
military justice systems, including support for building the
capacity of provost marshals.
(D) An identification of state security forces of Burkina
Faso, Mali, and Niger that would most benefit from United
States foreign assistance and security cooperation funds
identified in subparagraph (C) and that are eligible to
receive such funds.
(E) A description of plans to coordinate United States
efforts with France, the European Union, the United Nations
Stabilization Mission in Mali (MINUSMA), the African Union,
and the G5 Sahel Joint Force to decrease gross violations of
human rights and minimize civilian harm during all
counterterrorism operations in the Sahel.
(F) Any other matters that the Secretary of Defense and the
Secretary of State consider to be relevant.
(c) Form.--The report required by subsection (a) and the
strategy required by subsection (b) shall be submitted in
unclassified form, but may include a classified annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(2) Civilian harm.--In this section, the term ``civilian
harm'' means conflict-related death, physical injury, loss of
property or livelihood, or interruption of access to
essential services.
amendment no. 35 offered by Mrs. Axne of iowa
At the end of subtitle F of title V, insert the following:
SEC. 5__. PARTICIPATION OF MEMBERS OF THE RESERVE COMPONENTS
OF THE ARMED FORCES IN THE SKILLBRIDGE PROGRAM.
Section 1143(e)(2) of title 10, United States Code, is
amended to read as follows:
``(2) A member of the armed forces is eligible for a
program under this subsection if--
``(A) the member--
``(i) has completed at least 180 days on active duty in the
armed forces; and
``(ii) is expected to be discharged or released from active
duty in the armed forces within 180 days of the date of
commencement of participation in such a program; or
``(B) the member is a member of a reserve component.''.
amendment no. 36 Offered by Mr. Bacon of Nebraska
At the end of subtitle G of title XII, add the following:
SEC. _ ASSESSMENT OF EFFECTIVENESS OF UNITED STATES POLICIES
RELATING TO EXPORTS OF UNITED STATES-ORIGIN
UNMANNED AERIAL SYSTEMS THAT ARE ASSESSED TO BE
``CATEGORY I'' ITEMS UNDER THE MISSILE
TECHNOLOGY CONTROL REGIME.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, and annually thereafter through
December 31, 2025, the Secretary of State, in consultation
with the Secretary of Defense, shall conduct and submit to
the appropriate congressional committees an assessment of the
effectiveness of United States policies to--
(1) export United States-origin Unmanned Aerial Systems
(UAS) that are assessed to be ``Category I'' items under the
Missile Technology Control Regime (MTCR) (in this section
referred to as ``covered items''); and
(2) support United States allies and partners' security,
counter-terrorism capabilities, persistent intelligence,
surveillance, and reconnaissance (ISR) capabilities, and
persistent maritime domain awareness and strengthen bilateral
relationships through exports of covered items.
(b) Matters to Be Included.--The assessment required by
subsection (a) shall include the following:
(1) A description of steps taken to enhance United States
competitiveness in the global UAS market, including markets
in which covered items have been exported to foreign
countries that previously received UAS that are assessed to
be ``Category I'' items under the MTCR from third countries.
(2) A description of how the Department of State and other
relevant Federal agencies evaluate United States allies and
partners' access to covered items.
(3) A description of progress to prevent state and non-
state actors from gaining covered items' capabilities that
would undermine the safety and security of United States
allies and partners.
(4) An identification of the total number of licenses
requested, approved, returned without action, or denied for
the export of covered items and the typical amount of time
needed to process such requests beginning on the date on
which the license was received by the Department of State.
[(5) A summary of results of end use checks conducted
during the assessment period by the Department of State and
the Department of Defense with respect to covered items
transferred under the Arms Export Control Act (22 U.S.C. 2751
et. seq.) and any pending or concluded investigations into
end-use violations of covered items pursuant to section 3 of
the Arms Export Control Act (22 U.S.C. 2753).]
(c) Periods Covered by Assessments.--The first assessment
required by subsection (a) shall cover the 3-year period
ending on the date of the enactment of this Act. Each
subsequent assessment required by subsection (a) shall cover
the one-year period beginning on the day after the end of the
period covered in the preceding assessment.
(d) Form.--The assessment required by subsection (a) shall
be submitted in unclassified form but may include a
classified annex.
(e) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(2) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
amendment no. 37 Offered by Mr. Barr of Kentucky
At the end of title VII, add the following new section:
SEC. 7__. PILOT PROGRAM ON SLEEP APNEA AMONG NEW RECRUITS.
(a) Pilot Program.--The Secretary of Defense, acting
through the Defense Health Agency, shall carry out a pilot
program to determine the prevalence of sleep apnea among
members of the Armed Forces assigned to initial training.
(b) Participation.--
(1) Members.--The Secretary shall ensure that the number of
members who participate in the pilot program under subsection
(a) is sufficient to collect statistically significant data
for each military department.
(2) Special rule.--The Secretary may not disqualify a
member from service in the Armed Forces by reason of the
member being diagnosed with sleep apnea pursuant to the pilot
program under subsection (a).
(c) Process.--The Secretary shall carry out the pilot
program by testing members for sleep apnea using non-invasive
methods over the course of two consecutive nights that allow
for six to eight hours of sleep.
amendment no. 38 Offered by Mr. Bera of California
At the end of title XIII, add the following new section:
SEC. 13__. SENSE OF CONGRESS REGARDING BIOLOGICAL THREAT
REDUCTION AND COOPERATIVE BIOLOGICAL ENGAGEMENT
OF THE COOPERATIVE THREAT REDUCTION PROGRAM.
It is the sense of Congress that--
(1) keeping Americans safe means ensuring that global
health security is prioritized as a national security issue;
(2) as highlighted by the 2017 National Security Strategy
of the United States, biological threats, whether
``deliberate attack, accident, or a natural outbreak'', are
growing threats and ``require actions to address them at
their source'' through programs carried out by cooperative
engagement, such as working ``with partners to ensure that
laboratories that handle dangerous pathogens have in place
safety and security measures'';
(3) the 2017 National Security Strategy of the United
States appropriately affirms the importance of supporting
advancements in biomedical innovation while mitigating harm
caused by advanced bioweapons and capabilities;
(4) the intrinsically linked nature of biological threats,
whether naturally occurring, accidental, or deliberate,
underscores the relationship between the Global Health
Security Strategy of the United States and the National
Biodefense Strategy, and the national security tools used to
prevent and mitigate these threats must be similarly
connected;
(5) biological threats are a critical emerging threat
against the United States and addressing these threats
through cooperative programs is an opportunity to achieve
long-standing nonproliferation goals;
(6) cooperative programs to address biological threats
through improved global capacity in the areas of biosafety,
biosecurity, bio-surveillance, research oversight, and
related legislative and regulatory frameworks have become
even more important as the world faces increasing
availability of and advancements in biotechnology, which has
broad dual-use and proliferation implications;
(7) under the Cooperative Threat Reduction Program of the
Department of Defense established under the Department of
Defense Cooperative Threat Reduction Act (50 U.S.C. 3701 et
seq.), Congress authorized the Secretary of Defense to
address such threats through activities to prevent, detect,
and report on highly pathogenic diseases or other diseases,
``regardless of whether such diseases are caused by
biological weapons'';
(8) in 2014, President Obama declared the Ebola virus
disease epidemic a national security priority and exercised
the authority under such Program to build capacity that
mitigated the imminent threat posed by the Ebola virus
disease and established capabilities required to prevent
future outbreaks;
(9) many of the prevention, detection, and response
capacities built in response to the
[[Page H3402]]
Ebola virus disease epidemic are also those used to prevent,
detect, and respond to the use of biological weapons abroad;
(10) continuing to use cooperative engagement programs is
in the national security interests of the United States
because of the important relationships established between
the United States and partner countries, which are based on
ideals such as transparency, information sharing, and a
shared responsibility in advancing global security;
(11) the recent coronavirus disease 2019 (COVID-19) global
pandemic has illustrated the dire consequences resulting from
a single disease that knows no boundaries, impacting the
United States economy and the health of United States
citizens and members of the Armed Forces, both domestically
and abroad;
(12) in light of the impacts caused by COVID-19, and
following two congressionally mandated reports that call for
better implementation of the biological cooperative
engagement programs of the United States and the National
Biodefense Strategy (the report published by the Government
Accountability Office on March 11, 2020, titled ``National
Biodefense Strategy: Opportunities and Challenges with Early
Implementation'' and the report published by the National
Academies of Sciences, Engineering, and Medicine on April 14,
2020, titled ``A Strategic Vision for Biological Threat
Reduction: The U.S. Department of Defense and Beyond''), it
is of utmost importance that such programs are given due and
increased prioritization for national security purposes; and
(13) the Secretary of Defense and the Secretary of State
should make every effort to prioritize and advance the
determination, concurrence, and notification processes under
the Department of Defense Cooperative Threat Reduction Act
(50 U.S.C. 3701 et seq.) to provide for necessary new country
determinations in a timely manner and be responsive to
emerging biological threats.
amendment no. 39 Offered by Mr. Bera of California
At the end of subtitle J of title V add the following:
SEC. __. STUDY ON FINANCIAL IMPACTS OF COVID-19 ON MEMBERS OF
THE ARMED FORCES AND BEST PRACTICES TO PREVENT
FUTURE FINANCIAL HARDSHIPS.
(a) Study.--The Secretary of Defense shall conduct a study
on the financial hardships experienced by members of the
Armed Forces (including the reserve components) as a result
of the COVID-19 pandemic.
(b) Elements.--The study shall--
(1) examine the financial hardships members of the Armed
Forces experience as a result of the COVID-19 pandemic,
including the effects of stop movement orders, loss of
spousal income, loss of hazardous duty incentive pay, school
closures, loss of childcare, loss of educational benefits,
loss of drill and exercise pay, cancelled deployments, and
any additional financial stressors identified by the
Secretary;
(2) recommend best practices to provide assistance for
members of the Armed Forces experiencing the financial
hardships listed in paragraph (1); and
(3) identify actions that can be taken by the Secretary to
prevent financial hardships listed in paragraph (1) from
occurring in the future.
(c) Consultation and Coordination.--For the purposes of the
study, the Secretary shall--
(1) consult with the Director of the Consumer Financial
Protection Bureau; and
(2) with respect to members of the Coast Guard, coordinate
with the Secretary of Homeland Security.
(d) Submission.--Not later than 120 days after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report on the study
under subsection (a).
(e) Definitions.--In this section--
(1) the term ``financial hardship'' means a loss of income
or an unforeseen expense as a result of closures and changes
in operations in response to the COVID-19 pandemic; and
(2) the term ``appropriate congressional committees'' means
the Committees on Armed Services of the Senate and House of
Representatives.
Amendment No. 40 Offered by Mr. Bera of California
At the end of subtitle D of title VII, add the following
new section:
SEC. ___. ANTIMICROBIAL STEWARDSHIP STAFFING AT MEDICAL
TREATMENT FACILITIES OF THE DEPARTMENT OF
DEFENSE.
(a) Development of Recommendations.--Not later than 90 days
after the date of the enactment of this Act, the Secretary of
Defense, in consultation with the Centers for Disease Control
and Prevention and relevant medical societies, shall develop
for its military medical treatment facilities--
(1) stewardship staffing recommendations, based upon
facility size and patient populations; and
(2) diagnostics stewardship recommendations to improve
antimicrobial stewardship programs.
(b) Implementation Plan.--Not later than 180 days after the
date of the enactment of this Act, the Secretary shall submit
to the Committees on Armed Services of the House of
Representatives and the Senate a plan for carrying out the
recommendations developed under subsection (a) and identify
barriers to implementing such recommendations.
Amendment no. 41 Offered by Mr. Bera of California
At the end of subtitle B of title III add the following:
SEC. __. BIOLOGICAL THREATS REPORT.
(a) In General.--Not later than 180 days after the date of
enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees a report on efforts to
prevent, detect, and respond to biological threats, including
through cooperation with bilateral and multilateral partners.
(b) Elements.--The report shall include the following:
(1) A description of actions taken by the Department of
Defense to improve proliferation prevention regarding,
detection of, and response to biological threats of natural,
accidental, or deliberate origin, including the following:
(A) Department of Defense policy guidance to address the
threat of naturally and accidentally occurring diseases in
addition to potential deliberate biological events.
(B) Organizational chart describing those responsible in
each Department for coordinating these activities, in
accordance with the report required by section 745 of the
National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92).
(C) A description of efforts to integrate Department of
Defense infectious disease research, cooperative threat
reduction programs, and other activities designed to protect
Department of Defense personnel against infectious disease
threats.
(2) Programs and policies to address the threat of
accidental or deliberate misuse of emerging biological
technologies, including synthetic biology, including
Cooperative Threat Reduction, efforts to cooperate with other
partners to establish international norms and standards,
consideration of new technologies in the Biological Threat
Reduction Program, and efforts to develop countermeasures.
Amendment no. 42 Offered by Mr. Beyer of Virginia
At the end of subtitle E of title XVII, add the following:
SEC. __. MITIGATION OF HELICOPTER NOISE.
(a) In General.--The Secretary of Defense shall take the
following actions to mitigate helicopter noise and to
receive, track, and analyze complaints on an ongoing basis
from individuals in the National Capital Region:
(1) Develop a noise inquiry website, to assist in directing
mitigation efforts toward concentrated areas of inquiry, that
is based off of the websites of the Ronald Reagan Washington
National Airport and the Dulles International Airport. Such
website shall--
(A) provide a form to collect inquiry information;
(B) geo-tag the location of the inquiry to an exportable
map;
(C) export information to an Excel spreadsheet; and
(D) send an email response to the individual making the
inquiry.
(2) Establish a helicopter noise abatement working group
led by the Department of Defense to collect, correlate, and
identify trends associated with helicopter noise within the
National Capital Region, with officials of the Department of
Defense and the Federal Aviation Administration in
attendance. The working group shall recommend procedural
changes to mitigate the impact of helicopter noise on the
community only to the extent consistent with aviation safety
and airspace efficiency and while sustaining aircrew
readiness, training, and mission support.
(b) Definition of National Capital Region.--In this
section, the term ``National Capital Region'' has the meaning
given the term in section 2574 of title 10, United States
Code.
Amendment No. 43 Offered by Mr. Beyer of Virginia
At the end of subtitle E of title II, add the following new
section:
SEC. 2__. FUNDING FOR FORCE PROTECTION APPLIED RESEARCH.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201, for research, development, test, and
evaluation, Navy, applied research, force protection applied
research, line 005 (PE 0602123N) is hereby increased by
$9,000,000 (to be used in support of the Direct Air Capture
and Blue Carbon Removal Technology Program authorized under
section 223 of the National Defense Authorization Act for
Fiscal Year 2020 (Public Law 116-92; 10 U.S.C. 2358 note)).
(b) Offsets.--
(1) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance, as
specified in the corresponding funding table in section 4301,
for operation and maintenance, Air Force, admin & servicewide
activities, servicewide communications, line 410 is hereby
reduced by $4,000,000.
(2) Notwithstanding the amounts set forth in the funding
tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance, as
specified in the corresponding funding table in section 4301,
for operation and maintenance, Army, admin & servicewide
activities, servicewide communications, line 440 is hereby
reduced by $5,000,000.
[[Page H3403]]
Amendment No. 44 Offered by Mr. Biggs of Arizona
At the end of subtitle G of title XII, add the following:
SEC. 12__. SENSE OF CONGRESS ON THE UNITED STATES ISRAEL
RELATIONSHIP.
It is the sense of Congress that--
(1) since 1948, Israel has been one of the strongest
friends and allies of the United States;
(2) Israel is a stable, democratic country in a region
often marred by turmoil;
(3) it is essential to the strategic interest of the United
States to continue to offer full security assistance and
related support to Israel; and
(4) such assistance and support is especially vital as
Israel confronts a number of potential challenges at the
present time, including continuing threats from Iran.
Amendment no. 45 Offered by Mr. Bilirakis of Florida
At the end of subtitle D of title VII, add the following
new section:
SEC. 7__. REPORT ON CHIROPRACTIC CARE FOR DEPENDENTS AND
RETIREES UNDER THE TRICARE PROGRAM.
Not later than one year after the date of the enactment of
this Act, the Director of the Defense Health Agency shall
submit to the congressional defense committees a report on
the feasibility, efficacy, and cost of expanding coverage for
chiropractic care to covered beneficiaries under the TRICARE
program (as those terms are defined in section 1072 of title
10, United States Code).
Amendment No. 46 Offered by Mr. Bilirakis of Florida
At the end of subtitle G of title XII, add the following
new section:
SEC. 12__. FEASIBILITY STUDY ON INCREASED ROTATIONAL
DEPLOYMENTS TO GREECE AND ENHANCEMENT OF UNITED
STATES-GREECE DIPLOMATIC ENGAGEMENT.
(a) Feasibility Study.--
(1) In general.--The Secretary of Defense shall conduct a
study on the feasibility of increased rotational deployments
of members of the Armed Forces to Greece, including to Souda
Bay, Alexandroupoli, Larissa, Volos, and Stefanovikeio.
(2) Element.--The study required by paragraph (1) shall
include an evaluation of any infrastructure investment
necessary to support such increased rotational deployments.
(3) Report to congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to the congressional defense committees a report
on the results of the study required by paragraph (1).
(b) Diplomatic Engagement.--The Secretary of State is
encouraged to pursue persistent United States diplomatic
engagement with respect to the Greece-Cyprus-Israel and
Greece-Cyprus-Egypt trilateral agreements beyond the
occasional participation of United States diplomats in the
regular summits of the countries party to such agreements.
Amendment No. 47 Offered by Ms. Blunt Rochester of Delaware
At the end of subtitle J of title V, add the following:
SEC. __. SENSE OF CONGRESS HONORING THE DOVER AIR FORCE BASE,
DELAWARE, HOME TO THE 436TH AIRLIFT WING, THE
512TH AIRLIFT WING, AND THE CHARLES C. CARSON
CENTER FOR MORTUARY AFFAIRS.
(a) Findings.--Congress find the following:
(1) The Dover Air Force Base is home more than 4,000
active-duty military and civilian employees tasked with
defending the United States of America.
(2) The Dover Air Force Base supports the mission of the th
Airlift Wing, known as ``Eagle Wing'' and the 512th Airlift
Wing, known as Liberty Wing.
(3) The ``Eagle Wing'' serves as a unit of the Eighteenth
Air Force headquartered with the Air Mobility Command at
Scott Air Force Base in Illinois.
(4) The ``Eagle Wing'' flies hundreds of missions
throughout the world and provides a quarter of the United
States' strategic airlift capability and boasts a global
reach to over 100 countries around the world.
(5) The Dover Air Force Base houses incredible aircrafts
utilized by the United States Air Force, including the C-5M
Super Galaxy and C-17A Globemaster III aircraft.
(6) The Dover Air Force Base operates the largest and
busiest air freight terminal in the Department of Defense,
fulfilling an important role in our Nation's military.
(7) The Air Mobility Command Museum is located on the Dover
Air Force base and welcomes thousands of visitors each year
to learn more about the United States Air Force.
(8) The Charles C. Carson Center for Mortuary Affairs
fulfills our Nation's sacred commitment of ensuring dignity,
honor and respect to the fallen and care service and support
to their families.
(9) The mortuary mission at Dover Air Force Base dates back
to 1955 and is the only Department of Defense mortuary in the
continental United States.
(10) Service members who serve at the Center for Mortuary
Affairs are often so moved by their work that they
voluntarily elect to serve multiple tours because they feel
called to serve our fallen heroes.
(b) Sense of Congress.--Congress--
(1) honors and expresses sincerest gratitude to the women
and men of the Dover Air Force Base for their distinguished
service;
(2) acknowledges the incredible sacrifice and service of
the families of active duty members of the United States
military;
(3) encourages the people of the United States to keep in
their thoughts and their prayers the women and men of the
United States Armed Forces; and
(4) recognizes the incredibly unique and important work of
the Air Force Mortuary Affairs Operations and the role they
play in honoring our fallen heroes.
Amendment No. 48 Offered by Ms. Blunt Rochester of Delaware
At the end of subtitle E of title II, add the following new
section:
SEC. 2__. FUNDING FOR HYPERSONICS PROTOTYPING.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201, for research, development, test, and
evaluation, Air Force, advanced component development &
prototypes, line 048, hypersonics prototyping (PE 0604033F)
is hereby increased by $5,000,000 (to be used in support of
the Air-launched Rapid Response Weapon Program).
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance, as
specified in the corresponding funding table in section 4301,
for operation and maintenance, Space Force, operating forces,
contractor logistics & system support, line 080 is hereby
reduced by $5,000,000.
Amendment No. 49 Offered by Ms. Blunt Rochester of Delaware
At the end of subtitle E of title II, add the following new
section:
SEC. 2__. FUNDING FOR UNIDIRECTIONAL BODY ARMOR.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201, for research, development, test, and
evaluation, Army, advanced component development &
prototypes, line 093, soldier systems--advanced development
(PE 0603827A) is hereby increased by $7,000,000 (to be used
for the development of lightweight body armor fabrics).
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 201 for research, development, test,
and evaluation, as specified in the corresponding funding
table in section 4201, for research, development, test, and
evaluation, Army, advanced component development &
prototypes, line 102, technology maturation initiatives (PE
0604115A) is hereby reduced by $7,000,000.
Amendment No. 50 Offered by Mr. Brendan F. Boyle of Pennsylvania
At the end of subtitle D of title XII, add the following:
SEC. _. SENSE OF CONGRESS ON SUPPORT FOR UKRAINE.
It is the sense of Congress that the United States should--
(1) reaffirm support for an enduring strategic partnership
between the United States and Ukraine;
(2) support Ukraine's sovereignty and territorial integrity
within its internationally-recognized borders and make clear
it does not recognize the independence of Crimea or Eastern
Ukraine currently occupied by Russia;
(3) continue support for multi-domain security assistance
for Ukraine in the form of lethal and non-lethal measures to
build resiliency, bolster deterrence against Russia, and
promote stability in the region by--
(A) strengthening defensive capabilities and promoting
readiness; and
(B) improving interoperability with NATO forces; and
(4) further enhance security cooperation and engagement
with Ukraine and other Black Sea regional partners.
Amendment No. 51 Offered by Mr. Brendan F. Boyle of Pennsylvania
Page 803, after line 15, insert the following:
SEC. 12__. SENSE OF CONGRESS REAFFIRMING THE COMMITMENT OF
THE UNITED STATES TO NATO.
(a) Findings.--Congress finds the following:
(1) On April 4, 1949, the North Atlantic Treaty
Organization (NATO) was founded on the principles of
democracy, individual liberty, and the rule of law with the
aim of promoting collective security through collective
defense.
(2) NATO has been the most successful military alliance in
history and, for over seven decades, an example of successful
political cooperation.
(3) NATO's commitment to collective defense is essential to
deter security threat against its members.
(4) NATO strengthens the security of the United States by
enabling United States forces to work by, with, and through a
network of committed, interoperable allies.
(5) NATO solidarity sends a clear collective message to
Russia that members of the alliance will not tolerate
aggressive acts that threaten their security and sovereignty.
(6) In response to changing national security threats, NATO
continues to adapt to
[[Page H3404]]
take on new dynamics such as terrorism, hybrid warfare, the
spread of weapons of mass destruction, and cyber attacks.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the United States reaffirms its commitment to the North
Atlantic Treaty Organization as the foundation of
transatlantic security and defense , including Article V of
the North Atlantic Treaty; and
(2) NATO plays a critical role in preserving peace and
stability in the transatlantic region.
Amendment No. 52 Offered by Mr. Brindisi of New York
Add at the end of division C the following:
TITLE XXXVI--FARM AND RANCH MENTAL HEALTH
SEC. 3601. PUBLIC SERVICE ANNOUNCEMENT CAMPAIGN TO ADDRESS
FARM AND RANCH MENTAL HEALTH.
(a) In General.--The Secretary of Agriculture, in
consultation with the Secretary of Health and Human Services,
shall carry out a public service announcement campaign to
address the mental health of farmers and ranchers.
(b) Requirements.--The public service announcement campaign
under subsection (a) shall include television, radio, print,
outdoor, and digital public service announcements.
(c) Contractor.--
(1) In general.--The Secretary of Agriculture may enter
into a contract or other agreement with a third party to
carry out the public service announcement campaign under
subsection (a).
(2) Requirement.--In awarding a contract under paragraph
(1), the Secretary shall use a competitive bidding process.
(d) Authorization of Appropriations.--There is authorized
to be appropriated to the Secretary of Agriculture to carry
out this section $3,000,000, to remain available until
expended.
SEC. 3602. EMPLOYEE TRAINING PROGRAM TO MANAGE FARMER AND
RANCHER STRESS.
(a) In General.--Not later than 180 days after the date of
enactment of this section, the Secretary of Agriculture shall
expand the pilot program carried out by the Secretary in
fiscal year 2019 that trained employees of the Farm Service
Agency in the management of stress experienced by farmers and
ranchers, to train employees of the Farm Service Agency, the
Risk Management Agency, and the Natural Resources
Conservation Service in the management of stress experienced
by farmers and ranchers, including the detection of stress
and suicide prevention.
(b) Report.--Not less frequently than once every 2 years,
the Secretary shall submit to the Committee on Agriculture of
the House of Representatives and the Committee on
Agriculture, Nutrition, and Forestry of the Senate a report
describing the implementation of this section.
SEC. 3603. TASK FORCE FOR ASSESSMENT OF CAUSES OF MENTAL
STRESS AND BEST PRACTICES FOR RESPONSE.
(a) In General.--The Secretary of Agriculture shall convene
a task force of agricultural and rural stakeholders at the
national, State, and local levels--
(1) to assess the causes of mental stress in farmers and
ranchers; and
(2) to identify best practices for responding to that
mental stress.
(b) Submission of Report.--Not later than 1 year after the
date of enactment of this Act, the task force convened under
subsection (a) shall submit to the Secretary of Agriculture a
report containing the assessment and best practices under
paragraphs (1) and (2), respectively, of subsection (a).
(c) Collaboration.--In carrying out this section, the task
force convened under subsection (a) shall collaborate with
nongovernmental organizations and State and local agencies.
Amendment No. 53 Offered by Mr. Brown of Maryland
At the end of subtitle E of title XVII, insert the
following:
SEC. 17__. DEPARTMENT OF DEFENSE SUPPORT FOR CERTAIN SPORTING
EVENTS.
Section 2564 of title 10, United States Code, is amended--
(1) in subsection (a), by inserting ``the Paralympics,''
after ``the Olympics,''; and
(2) in subsection (c)--
(A) in the subsection heading, by striking
``Inapplicability to'' and inserting ``Support of'';
(B) by striking ``Subsections (a) and (b) do not apply to''
and inserting ``The Secretary of Defense may authorize
technical, contracting, and specialized equipment support
to'';
(C) in paragraph (4), by inserting ``and Paralympic'' after
``Olympic''; and
(D) in paragraph (5)(A)(iii), by inserting ``and
Paralympic'' after ``Olympic''.
Amendment No. 54 Offered by Ms. Brownley of California
At the end of subtitle J of title V, add the following:
SEC. 5__. GAO STUDY OF WOMEN INVOLUNTARILY SEPARATED OR
DISCHARGED DUE TO PREGNANCY OR PARENTHOOD.
(a) Study Required.--Not later than September 30, 2021, the
Comptroller General of the United States shall conduct a
study regarding women involuntarily separated or discharged
from the Armed Forces due to pregnancy or parenthood during
the period of 1951 through 1976. The study shall identify--
(1) the number of such women, disaggregated by--
(A) Armed Force;
(B) grade;
(C) race; and
(D) ethnicity;
(2) the characters of such discharges or separations;
(3) discrepancies in uniformity of such discharges or
separations;
(4) how such discharges or separations affected access of
such women to health care and benefits through the Department
of Veterans Affairs; and
(5) recommendations for improving access of such women to
resources through the Department of Veterans Affairs.
(b) Report.--Not later than 30 days after completing the
study under subsection (a), the Comptroller General shall
submit to Congress a report containing the results of that
study.
Amendment No. 55 Offered by Ms. Brownley of California
At the end of title XVII, insert the following new
subtitle:
Subtitle F--Biliteracy Education Seal and Teaching Act
SEC. 1771. SHORT TITLE.
This subtitle may be cited as the ``Biliteracy Education
Seal and Teaching Act'' or the ``BEST Act''.
SEC. 1772. FINDINGS.
Congress finds the following:
(1) The people of the United States celebrate cultural and
linguistic diversity and seek to prepare students with skills
to succeed in the 21st century.
(2) It is fitting to commend the dedication of students who
have achieved proficiency in multiple languages and to
encourage their peers to follow in their footsteps.
(3) The congressionally requested Commission on Language
Learning, in its 2017 report ``America's Languages: Investing
in Language Education for the 21st Century'', notes the
pressing national need for more people of the United States
who are proficient in two or more languages for national
security, economic growth, and the fulfillment of the
potential of all people of the United States.
(4) The Commission on Language Learning also notes the
extensive cognitive, educational, and employment benefits
deriving from biliteracy.
(5) Biliteracy in general correlates with higher graduation
rates, higher grade point averages, higher rates of
matriculation into higher education, and higher earnings for
all students, regardless of background.
(6) The study of America's languages in elementary and
secondary schools should be encouraged because it contributes
to a student's cognitive development and to the national
economy and security.
(7) Recognition of student achievement in language
proficiency will enable institutions of higher education and
employers to readily recognize and acknowledge the valuable
expertise of bilingual students in academia and the
workplace.
(8) States such as Utah, Arizona, Washington, and New
Mexico have developed innovative testing methods for
languages, including Native American languages, where no
formal proficiency test currently exists.
(9) The use of proficiency in a government-recognized
official Native American language as the base language for a
Seal of Biliteracy, with proficiency in any additional
partner language demonstrated through tested proficiency, has
been successfully demonstrated in Hawaii.
(10) Students in every State and every school should be
able to benefit from a Seal of Biliteracy program.
SEC. 1773. DEFINITIONS.
In this subtitle:
(1) ESEA definitions.--The terms ``English learner'',
``secondary school'', and ``State'' have the meanings given
those terms in section 8101 of the Elementary and Secondary
Education Act of 1965 (20 U.S.C. 7801).
(2) Native american languages.--The term ``Native American
languages'' has the meaning given the term in section 103 of
the Native American Languages Act (25 U.S.C. 2902).
(3) Seal of biliteracy program.--The term ``Seal of
Biliteracy program'' means any program described in section
1774(a) that is established or improved, and carried out,
with funds received under this subtitle.
(4) Second language.--The term ``second language'' means
any language other than English (or a Native American
language, pursuant to section 1774(a)(2)), including Braille,
American Sign Language, or a Classical language.
(5) Secretary.--The term ``Secretary'' means the Secretary
of Education.
SEC. 1774. GRANTS FOR STATE SEAL OF BILITERACY PROGRAMS.
(a) Establishment of Program.--
(1) In general.--From amounts made available under
subsection (f), the Secretary shall award grants, on a
competitive basis, to States to enable the States to
establish or improve, and carry out, Seal of Biliteracy
programs to recognize student proficiency in speaking,
reading, and writing in both English and a second language.
(2) Inclusion of native american languages.--
Notwithstanding paragraph (1), each Seal of Biliteracy
program shall contain provisions allowing the use of Native
American languages, including allowing speakers of any Native
American language recognized as official by any American
government, including any Tribal government,
[[Page H3405]]
to use equivalent proficiency in speaking, reading, and
writing in the Native American language in lieu of
proficiency in speaking, reading, and writing in English.
(3) Duration.--A grant awarded under this section shall be
for a period of 2 years, and may be renewed at the discretion
of the Secretary.
(4) Renewal.--At the end of a grant term, a State that
receives a grant under this section may reapply for a grant
under this section.
(5) Limitations.--A State shall not receive more than 1
grant under this section at any time.
(6) Return of unspent grant funds.--Each State that
receives a grant under this section shall return any unspent
grant funds not later than 6 months after the date on which
the term for the grant ends.
(b) Grant Application.--A State that desires a grant under
this section shall submit an application to the Secretary at
such time, in such manner, and containing such information
and assurances as the Secretary may require, including--
(1) a description of the criteria a student must meet to
demonstrate the proficiency in speaking, reading, and writing
in both languages necessary for the State Seal of Biliteracy
program;
(2) a detailed description of the State's plan--
(A) to ensure that English learners and former English
learners are included in the State Seal of Biliteracy
program;
(B) to ensure that--
(i) all languages, including Native American languages, can
be tested for the State Seal of Biliteracy program; and
(ii) Native American language speakers and learners are
included in the State Seal of Biliteracy program, including
students at tribally controlled schools and at schools funded
by the Bureau of Indian Education; and
(C) to reach students, including eligible students
described in subsection (c)(2) and English learners, their
parents, and schools with information regarding the State
Seal of Biliteracy program;
(3) an assurance that a student who meets the requirements
under paragraph (1) and subsection (c) receives--
(A) a permanent seal or other marker on the student's
secondary school diploma or its equivalent; and
(B) documentation of proficiency on the student's official
academic transcript; and
(4) an assurance that a student is not charged a fee for
providing information under subsection (c)(1).
(c) Student Participation in a Seal of Biliteracy
Program.--
(1) In general.--To participate in a Seal of Biliteracy
program, a student shall provide information to the State
that serves the student at such time, in such manner, and
including such information and assurances as the State may
require, including an assurance that the student has met the
criteria established by the State under subsection (b)(1).
(2) Student eligibility for participation.--A student who
gained proficiency in a second language outside of school may
apply under paragraph (1) to participate in a Seal of
Biliteracy program.
(d) Use of Funds.--Grant funds made available under this
section shall be used for--
(1) the administrative costs of establishing or improving,
and carrying out, a Seal of Biliteracy program that meets the
requirements of subsection (b); and
(2) public outreach and education about the Seal of
Biliteracy program.
(e) Report.--Not later than 18 months after receiving a
grant under this section, a State shall issue a report to the
Secretary describing the implementation of the Seal of
Biliteracy program for which the State received the grant.
(f) Authorization of Appropriations.--There are authorized
to be appropriated to carry out this section $10,000,000 for
each of fiscal years 2021 through 2025.
Amendment No. 56 Offered by Ms. Brownley of California
At the end of subtitle C of title V, add the following:
SEC. 5__. REPORT REGARDING REVIEWS OF DISCHARGES AND
DISMISSALS BASED ON SEXUAL ORIENTATION OR
GENDER IDENTITY.
(a) Report Required.--Not later than September 30, 2021,
the Secretaries of Defense and Veterans Affairs shall jointly
submit to Congress a report regarding former members of the
Armed Forces who--
(1) were discharged or dismissed from the Armed Forces;
(2) have applied to either Secretary for an upgrade in the
characterization of discharge or dismissal; and
(3) allege in such applications that such discharges or
dismissals arose from a policy of the Department of Defense
regarding the sexual orientation or gender identity of a
member.
(b) Elements.--The report under this section shall include
the number of applications described in subsection (a) and
the percentages of such applications granted and denied,
disaggregated by--
(1) Armed Force;
(2) grade;
(3) race;
(4) ethnicity;
(5) gender;
(6) characterization of discharge or dismissal; and
(7) upgraded characterization of discharge or dismissal, if
applicable.
(c) Publication.--The Secretaries each shall publish the
report under this section on a publicly accessible website of
the respective department.
Amendment No. 57 Offered by Mr. Buchanan of Florida
At the end of subtitle D of title VII, add the following
new section:
SEC. 7__. STUDY ON MEDEVAC HELICOPTERS AND AMBULANCES AT
MILITARY INSTALLATIONS.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing a study
on the potential benefits and feasibility of requiring that--
(1) each enduring military installation located outside the
United States has at least one properly functioning medical
evacuation helicopter and at least one properly functioning
ambulance; and
(2) each such helicopter and ambulance is stocked with
appropriate emergency medical supplies.
Amendment No. 58 Offered by Mr. Buck of Colorado
At the end of subtitle A of title XI, insert the following
new section:
SEC. 11__. PROHIBITION ON DOWNLOADING OR USING TIKTOK BY
FEDERAL EMPLOYEES.
(a) In General.--Except as provided in subsection (b), no
employee of the United States, officer of the United States,
Member of Congress, congressional employee, or officer or
employee of a government corporation may download or use
TikTok or any successor application developed by ByteDance or
any entity owned by ByteDance on any device issued by the
United States or a government corporation.
(b) Exception.--Subsection (a) shall not apply to any
investigation, cybersecurity research activity, enforcement
action, disciplinary action, or intelligence activity.
Amendment No. 59 Offered by Mr. Burgess of Texas
At the end of subtitle B of title III, insert the
following:
SEC. 3__. REPORT ON ENERGY SAVINGS PERFORMANCE CONTRACTS.
(a) In General.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the appropriate congressional committees a report
on the use of energy savings performance contracts (in this
section referred to as ``ESPCs'') by the Department of
Defense. Such report shall include--
(1) the total investment value of the total number of ESPCs
per service for fiscal years 2016 through 2020;
(2) the location of facilities with ESPCs for fiscal years
2016 through 2020;
(3) any limitations on expanding ESPCs throughout the
Department of Defense;
(4) the effect ESPCs have on military readiness; and
(5) any additional information the Secretary determines
relevant.
(b) Appropriate Congressional Committees.--In this section,
the appropriate congressional committees are--
(1) the Committee on Armed Services and the Committee on
Energy and Commerce of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Energy and Natural Resources, and the Committee on
Environment and Public Works of the Senate.
Amendment No. 60 Offered by Mrs. Bustos of Illinois
At the end of subtitle B of title V, insert the following:
SEC. 5__. REPORT REGARDING FULL-TIME NATIONAL GUARD DUTY IN
RESPONSE TO THE COVID-19 PANDEMIC.
(a) Report Required.--Not later than 90 days after the date
of the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report
regarding how the Secretary determined whether to authorize
full-time National Guard duty in response to the covered
national emergency.
(b) Elements.--The report under this section shall include
the following:
(1) The number of requests described in subsection (a).
(2) The number of such requests approved and the number of
requests denied.
(3) For each such request--
(A) the time elapsed from receipt of request to disposition
of request; and
(B) whether costs (including pay and benefits for members
of the National Guard) were a factor in determining whether
to grant or deny the request.
(4) For each such request approved, the time elapsed from
approval to when the first such member of the National Guard
was placed on full-time National Guard duty in response to
such request.
(5) For each such request denied, the reason for denial and
how such denial was explained to the requestor.
(6) A description of how the process of review for such
requests differed from previous requests for full-time
National Guard duty under section 502(f) of title 32, United
States Code.
(7) Recommendations of the Secretary to improve the review
of such requests in order to better respond to such requests.
(c) Definitions.--In this section:
[[Page H3406]]
(1) The term ``covered national emergency'' means the
national emergency declared on March 13, 2020, by the
President under the National Emergencies Act (50 U.S.C. 1601
et seq.) with respect to COVID-19.
(2) The term ``full-time National Guard duty'' has the
meaning given that term in section 101 of title 10, United
States Code.
Amendment No. 61 Offered by Mrs. Bustos of Illinois
Page 342, after line 3, add the following new section (and
amend the table of contents accordingly):
SEC. 539A. CLARIFICATION OF TERMINATION OF LEASES OF PREMISES
AND MOTOR VEHICLES OF SERVICEMEMBERS WHO INCUR
CATASTROPHIC INJURY OR ILLNESS OR DIE WHILE IN
MILITARY SERVICE.
(a) Catastrophic Injuries and Illnesses.--Paragraph (4) of
section 305(a) of the Servicemembers Civil Relief Act (50
U.S.C. 3955(a)), as added by section 545 of the National
Defense Authorization Act for Fiscal Year 2020 (Public Law
116-92), is amended to read as follows:
``(4) Catastrophic injury or illness of lessee.--
``(A) Termination.--If the lessee on a lease described in
subsection (b) incurs a catastrophic injury or illness during
a period of military service or while performing covered
service, during the one-year period beginning on the date on
which the lessee incurs such injury or illness--
``(i) the lessee may terminate the lease; or
``(ii) in the case of a lessee who lacks the mental
capacity to contract or to manage his or her own affairs
(including disbursement of funds without limitation) due to
such injury or illness, the spouse or dependent of the lessee
may terminate the lease.
``(B) Definitions.--In this paragraph:
``(i) The term `catastrophic injury or illness' has the
meaning given that term in section 439(g) of title 37, United
States Code.
``(ii) The term `covered service' means full-time National
Guard duty, active Guard and Reserve duty, or inactive-duty
training (as such terms are defined in section 101(d) of
title 10, United States Code).''.
(b) Deaths.--Paragraph (3) of such section is amended by
striking ``The spouse of the lessee'' and inserting ``The
spouse or dependent of the lessee''.
Amendment No. 62 Offered by Mrs. Bustos of Illinois
At the end of subtitle E of title XVII, add the following:
SEC. 1762. PILOT PROGRAM FOR ONLINE REAL ESTATE INVENTORY
TOOL.
(a) In General.--The Secretary of the Army in consultation
with Administrator of the General Services Administration and
Assistant Secretary of Defense for Sustainment shall
establish a pilot program for developing an online real
estate tool of existing inventory of space available at Army
installations.
(b) Purpose.--The purpose of the online inventory tool is
to--
(1) achieve efficiencies in real estate property management
consistent with the National Defense Strategy goal of finding
greater efficiencies within the Department of Defense
operations;
(2) provide a public tool to better market space available
at Army installations for better utilization of existing
space; and
(3) provide a tool to better quantify existing space and
how it is utilize for current missions and requirements.
(c) Considerations.--The Secretary of the Army shall
consider--
(1) innovative approaches to establishing this pilot
program including use of other transaction authorities
consistent with section 2371 of title 10, United States Code,
as well as use of commercial off-the-shelf technologies;
(2) developing appropriate protections of sensitive or
classified information from being included with the online
inventory tool; and
(3) developing appropriate levels of access for private
sector users of the system.
(d) Establishment of Policy.--After the pilot program has
been established and locations identified, the Secretary of
the Army shall develop policy requiring the use of the system
described in subsection (a) to query for existing inventory
before any military construction or off-post leases are
agreed to. The Secretary of the Army shall ensure that all
relevant notifications to congressional defense committees
include certification that the system in subsection (a) was
queried.
(e) Rule of Construction.--Nothing in this section shall be
construed to effect the application of title V of the
McKinney-Vento Homeless Assistance Act (42 U.S.C. 11411 et
seq.).
Amendment No. 63 Offered by Mr. Byrne of Alabama
Add at the end of subtitle B of title VIII the following
new section:
SEC. 8__. DOCUMENTATION PERTAINING TO COMMERCIAL ITEM
DETERMINATIONS.
Section 2380 of title 10, United States Code, is amended
by--
(1) redesignating subsection (b) as subsection (c); and
(2) inserting after subsection (a) the following new
subsection:
``(b) Determinations Regarding the Commercial Nature of
Products or Services.--
``(1) In general.--A contracting officer of the Department
of Defense shall make a binding determination whether a
particular product or service offered by a contractor meets
the definition of a commercial product or commercial service.
The contracting officer may seek the advice of the cadre of
experts established pursuant to section 831(b)(2) of the
National Defense Authorization Act for Fiscal Year 2013
(Public Law 112-239; 126 Stat. 1842; 10 U.S.C. 2306a note),
or request the cadre of experts to make a determination that
a product or service is a commercial product or commercial
service.
``(2) Memorandum.--Within 30 days after making a
determination that a product or service is a commercial
product or commercial service, the contracting officer shall
submit a written memorandum summarizing the determination,
consistent with the template in Appendix B of the Department
of Defense Guidebook for Acquiring Commercial Items (issued
January 2018 and revised July 2019), to--
``(A) the Director of the Defense Contract Management
Agency for inclusion in any database established to fulfill
the requirements of subsection (a)(2); and
``(B) the contractor asserting the commercial nature of the
product or service.''.
Amendment No. 64 Offered by Mr. Carbajal of California
Page 307, after line 3, insert the following new section:
SEC. 524. DEVELOPMENT OF GUIDELINES FOR USE OF UNOFFICIAL
SOURCES OF INFORMATION TO DETERMINE ELIGIBILITY
OF MEMBERS AND FORMER MEMBERS OF THE ARMED
FORCES FOR DECORATIONS AND BENEFITS WHEN THE
SERVICE RECORDS ARE INCOMPLETE BECAUSE OF
DAMAGE TO THE OFFICIAL RECORD.
Section 528 of National Defense Authorization Act for
Fiscal Year 2020 (10 U.S.C. 1121 note; 133 Stat.1357) is
amended--
(1) in the section heading, by inserting ``and benefits''
after ``decorations'';
(2) in subsection (a)--
(A) by inserting ``and the Secretary of Veterans Affairs''
after ``military departments''; and
(B) by inserting ``and benefits'' after ``decorations'';
(3) by redesignating subsection (b) as subsection (c); and
(4) by inserting after subsection (a) the following new
subsection:
``(b) Consultation.--The Secretary of Defense shall prepare
the guidelines in consultation with the Secretary of Veterans
Affairs, with respect to veterans benefits under title 38,
United States Code, whose eligibility determinations depend
on the use of service records maintained by the Department of
Defense.''.
amendment no. 65 Offered by Mr. Carbajal of California
At the end of subtitle A of title XVI, add the following
new section:
SEC. 16__. PERMANENT PERSONNEL MANAGEMENT AUTHORITY FOR SPACE
DEVELOPMENT AGENCY FOR EXPERTS IN SCIENCE AND
ENGINEERING.
(a) Program Authorized for Space Development Agency.--
Section 1599h(a) of title 10, United States Code, is amended
by adding at the end the following new paragraph:
``(7) SDA.--The Director of the Space Development Agency
may carry out a program of personnel management authority
provided in subsection (b) in order to facilitate recruitment
of eminent experts in science or engineering for research and
development projects and to enhance the administration and
management of the Agency.''.
(b) Personnel Management Authority.--Section 1599h(b)(1) of
such title is amended--
(1) by striking ``and'' at the end of subparagraph (E);
(2) by inserting ``and'' after the semicolon at the end of
subparagraph (F); and
(3) by adding at the end the following new subparagraph:
``(G) in the case of the Space Development Agency, appoint
individuals to a total of not more than 10 positions in the
Agency, of which not more than 5 such positions may be
positions of administration or management of the Agency;''.
amendment no. 66 Offered by Mr. Carson of Indiana
At the end of subtitle D of title VII, insert the following
new section:
SEC. 746. FUNDING FOR PANCREATIC CANCER RESEARCH.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1405 for the Defense Health Program,
as specified in the corresponding funding table in section
4501, for R&D Research is hereby increased by $5,000,000 for
the purposes of a pancreatic cancer early detection
initiative (EDI).
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1405 for Defense Health Program, as
specified in the corresponding funding table in section 4501,
for Base Operations/Communications is hereby reduced by
$5,000,000.
amendment no. 67 Offered by Mr. Case of Hawaii
At the end of subtitle F of title XXVIII, add the following
new section:
SEC. 28__. DEPARTMENT OF DEFENSE REPORT ON EASEMENTS AND
LEASED LANDS IN HAWAI`I.
(a) Findings.--Congress finds the following:
[[Page H3407]]
(1) Lands throughout the State of Hawai'i currently owned
and leased by the Department of Defense or in which the
Department of Defense otherwise has a real property interest
are critical to maintaining the readiness of the Armed Forces
now stationed or to be stationed in Hawai'i and throughout
the Indo-Pacific region and elsewhere.
(2) Securing long-term continued utilization of those lands
by the Armed Forces is thus critical to the national defense.
(3) As a result of various factors, including complex land
ownership and utilization issues and competing actual and
potential uses, the interdependency of the various military
components, and the necessity of maintaining public support
for the presence and operations of the Armed Forces, the
realization of the congressional and Department of Defense
goals of ensuring the continuity of critical land and
facilities infrastructure requires a sustained, dedicated,
funded, top-level effort to coordinate realization of these
goals across the Armed Forces, between the Department of
Defense and other agencies of the Federal Government, and
between the Department of Defense and the State of Hawai'i
and its civilian sector.
(4) The end result of this effort must account for military
and civilian concerns and for the changing missions and needs
of all components of the Armed Forces stationed or otherwise
operating out of the State of Hawai`i as the Department of
Defense adjusts to meet the objectives outlined in the
National Defense Strategy.
(b) Report Required.--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 committee a report describing the
progress being made by the Department of Defense to renew
Department of Defense land leases and easements in the State
of Hawai`i that encompass one acre or more and will expire
before January 1, 2030. The report shall include the
following:
(1) The location, size, and expiration date of each lease
and easement.
(2) Major milestones and expected timelines for maintaining
access to the land covered by each lease and easement.
(3) Actions completed over the preceding two years for each
lease and easement.
(4) Department-wide and service-specific authorities
governing each lease and easement extension.
(5) A summary of coordination efforts between the Secretary
of Defense and the Secretaries of the military departments.
(6) The status of efforts to develop an inventory of
military land in Hawai`i, to include current possible future
uses, that would assist in land negotiations with the State
of Hawai`i.
(7) The risks and potential solutions to ensure the
renewability of required and critical leases and easements.
amendment no. 68 Offered by Mr. Castro of Texas
Page 481, after line 5, insert the following:
SEC. 7__. WAIVER OF FEES CHARGED TO CERTAIN CIVILIANS FOR
EMERGENCY MEDICAL TREATMENT PROVIDED AT
MILITARY MEDICAL TREATMENT FACILITIES.
Section 1079b of title 10, United States Code, is amended--
(1) by redesignating subsection (b) as subsection (c); and
(2) by inserting after subsection (a) the following new
subsection (b):
``(b) Waiver of Fees.--Under the procedures implemented
under subsection (a), a military medical treatment facility
may waive a fee charged under such procedures to a civilian
who is not a covered beneficiary if--
``(1) after insurance payments, if any, the civilian is not
able to pay for the trauma or other medical care provided to
the civilian; and
``(2) the provision of such care enhanced the medical
readiness of the health care provider or health care
providers furnishing such care.''.
Amendment No. 69 Offered by Mr. Castro of Texas
At the end of title XII, add the following:
Subtitle H--Global Child Thrive Act of 2020
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the ``Global Child Thrive Act
of 2020''.
SEC. 1282. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) the United States Government should continue efforts to
reduce child mortality rates and increase attention on
prevention efforts and early childhood development programs;
(2) investments in early childhood development ensure
healthy and well-developed future generations that contribute
to a country's stability, security and economic prosperity;
(3) efforts to provide training and education on nurturing
care could result in improved early childhood development
outcomes and support healthy brain development; and
(4) integration and cross-sector coordination of early
childhood development programs is critical to ensure the
efficiency, effectiveness, and continued implementation of
such programs.
SEC. 1283. ASSISTANCE TO IMPROVE EARLY CHILDHOOD OUTCOMES
GLOBALLY.
(a) Authorization of Assistance.--Amounts authorized to be
appropriated to carry out section 135 in chapter 1 of part 1
of the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) for each of the fiscal years 2021 through 2025 are
authorized to be made available to support early childhood
development activities in conjunction with relevant, existing
programming, such as water, sanitation and hygiene, maternal
and child health, basic education, nutrition and child
protection.
(b) Assistance to Improve Early Childhood Incomes
Globally.--Chapter 1 of part I of the Foreign Assistance Act
of 1961 (22 U.S.C. 2151 et seq.) is amended by adding at the
end the following:
``SEC. 137. ASSISTANCE TO IMPROVE EARLY CHILDHOOD OUTCOMES
GLOBALLY.
``(a) Definitions.--In this section:
``(1) Appropriate congressional committees.--The term
`appropriate congressional committees' means--
``(A) the Committee on Appropriations of the Senate;
``(B) the Committee on Foreign Relations of the Senate;
``(C) the Committee on Appropriations of the House of
Representatives; and
``(D) the Committee on Foreign Affairs of the House of
Representatives.
``(2) Early childhood development.--The term `early
childhood development' means the development and learning of
a child younger than 8 years of age, including physical,
cognitive, social, and emotional development and approaches
to learning that allow a child to reach his or her full
developmental potential.
``(3) Early childhood development program.--The term `early
childhood development program' means a program that ensures
that every child has the conditions for healthy growth,
nurturing family-based care, development and learning, and
protection from violence, exploitation, abuse, and neglect,
which may include--
``(A) a health, clean water, sanitation, and hygiene
program that serves pregnant women, children younger than 5
years of age, and the parents of such children;
``(B) a nutrition program, combined with stimulating child
development activity;
``(C) age appropriate cognitive stimulation, especially for
newborns, infants, and toddlers, including an early childhood
intervention program for children experiencing at-risk
situations, developmental delays, disabilities, and
behavioral and mental health conditions;
``(D) an early learning (36 months and younger), preschool,
and basic education program for children until they reach 8
years of age or complete primary school; or
``(E) a child protection program, with an emphasis on the
promotion of permanent, safe, and nurturing families, rather
than placement in residential care or institutions, including
for children with disabilities.
``(4) Federal departments and agencies.--The term `Federal
departments and agencies' means--
``(A) the Department of State;
``(B) the United States Agency for International
Development;
``(C) the Department of the Treasury;
``(D) the Department of Labor;
``(E) the Department of Education;
``(F) the Department of Agriculture;
``(G) the Department of Defense;
``(H) the Department of Health and Human Services,
including--
``(i) the Centers for Disease Control and Prevention; and
``(ii) the National Institutes of Health;
``(I) the Millennium Challenge Corporation;
``(J) the Peace Corps; and
``(K) any other department or agency specified by the
President for the purposes of this section.
``(5) Residential care.--The term `residential care' means
care provided in any non-family-based group setting,
including orphanages, transit or interim care centers,
children's homes, children's villages or cottage complexes,
group homes, and boarding schools used primarily for care
purposes as an alternative to a children's home.
``(b) Statement of Policy.--It is the policy of the United
States--
``(1) to support early childhood development in relevant
foreign assistance programs, including by integrating
evidence-based, efficient, and effective interventions into
relevant strategies and programs, in coordination with
partner countries, other donors, international organizations,
international financial institutions, local and international
nongovernmental organizations, private sector partners, civil
society, and faith-based and community-based organizations;
and
``(2) to encourage partner countries to lead early
childhood development initiatives that include incentives for
building local capacity for continued implementation and
measurable results, by--
``(A) scaling up the most effective, evidence-based,
national interventions, including for the most vulnerable
populations and children with disabilities and developmental
delays, with a focus on adaptation to country resources,
cultures, and languages;
``(B) designing, implementing, monitoring, and evaluating
programs in a manner that enhances their quality,
transparency, equity, accountability, efficiency and
effectiveness in improving child and family outcomes in
partner countries; and
``(C) utilizing and expanding innovative public-private
financing mechanisms.
``(c) Implementation.--
[[Page H3408]]
``(1) In general.--Not later than 1 year after the date of
the enactment of this section, the Administrator of the
United States Agency for International Development, in
coordination with the Secretary of State, shall direct
relevant Federal departments and agencies--
``(A) to incorporate, to the extent practical and relevant,
early childhood development into foreign assistance programs
to be carried out during the following 5 fiscal years; and
``(B) to promote inclusive early childhood development in
partner countries.
``(2) Elements.--In carrying out paragraph (1), the
Administrator, the Secretary, and the heads of other relevant
Federal departments and agencies as appropriate shall--
``(A) build on the evidence and priorities outlined in
`Advancing Protection and Care for Children in Adversity: A
U.S. Government Strategy for International Assistance 2019-
2023', published in June 2019 (referred to in this section as
`APCCA');
``(B) to the extent practicable, identify evidence-based
strategic priorities, indicators, outcomes, and targets,
particularly emphasizing the most vulnerable populations and
children with disabilities and developmental delays, to
support inclusive early childhood development;
``(C) support the design, implementation, and evaluation of
pilot projects in partner countries, with the goal of taking
such projects to scale;
``(D) support inclusive early childhood development within
all relevant sector strategies and public laws, including--
``(i) the Global Water Strategy required under section
136(j);
``(ii) the whole-of-government strategy required under
section 5 of the Global Food Security Act of 2016 (22 U.S.C.
9304 note);
``(iii) the Basic Education Strategy set forth in section
105(c);
``(iv) the U.S. Government Global Nutrition Coordination
Plan, 2016-2021; and
``(v) APCCA; and others as appropriate;
``(E) improve coordination with foreign governments and
international and regional organizations with respect to
official country policies and plans to improve early
childhood development, maternal, newborn, and child health
and nutrition care, basic education, water, sanitation and
hygiene, and child protection plans which promote nurturing,
appropriate, protective, and permanent family care, while
reducing the percentage of children living in residential
care or on the street; and
``(F) consult with partner countries, other donors,
international organizations, international financial
institutions, local and international nongovernmental
organizations, private sector partners and faith-based and
community-based organizations, as appropriate.
``(d) Annual Report on the Implementation of the
Strategy.--The Special Advisor for Children in Adversity
shall include, in the annual report required under section 5
of the Assistance for Orphans and Other Vulnerable Children
in Developing Countries Act of 2005 (22 U.S.C. 2152g), which
shall be submitted to the appropriate congressional
committees and made publicly available, a description of--
``(1) the progress made toward integrating early childhood
development interventions into relevant strategies and
programs;
``(2) the efforts made by relevant Federal departments and
agencies to implement subsection (c), with a particular focus
on the activities described in such subsection;
``(3) the progress achieved during the reporting period
toward meeting the goals, objectives, benchmarks, described
in subsection (c); and
``(4) the progress achieved during the reporting period
toward meeting the goals, objectives, benchmarks, and
timeframes described in subsection (c) at the program level,
along with specific challenges or gaps that may require
shifts in targeting or financing in the following fiscal
year.
``(e) Interagency Task Force.--The Special Advisor for
Assistance to Orphans and Vulnerable Children should
regularly convene an interagency task force, to coordinate--
``(1) intergovernmental and interagency monitoring,
evaluation, and reporting of the activities carried out
pursuant to this section;
``(2) early childhood development initiatives that include
children with a variety of needs and circumstances; and
``(3) United States Government early childhood development
programs, strategies, and partnerships across relevant
Federal departments and agencies.''.
SEC. 1284. SPECIAL ADVISOR FOR ASSISTANCE TO ORPHANS AND
VULNERABLE CHILDREN.
Section 135(e)(2) of the Foreign Assistance Act of 1961 (22
U.S.C. 2152f(e)(2)) is amended--
(1) by amending subparagraph (A) to read as follows:
``(A) Coordinate assistance to orphans and other vulnerable
children among the relevant Executive branch agencies and
officials.''; and
(2) in subparagraph (B), by striking ``the various offices,
bureaus, and field missions within the United States Agency
for International Development'' and inserting ``the relevant
Executive branch agencies and officials''.
SEC. 1285. RULE OF CONSTRUCTION.
Nothing in the amendments made by this subtitle may be
construed to restrict or abrogate any other authorization for
United States Agency for International Development activities
or programs.
Amendment No. 70 Offered by Mr. Castro of Texas
At the end of subtitle H of title V, add the following:
SEC. 578. REPORT TO CONGRESS ON EFFORTS TO INCREASE DIVERSITY
AND REPRESENTATION IN FILM, TELEVISION, AND
PUBLISHING.
(a) Promulgation of Policy.--The Secretary of Defense and
each Secretary of a military department shall promulgate a
policy to promote, to the maximum extent possible, the
depiction of marginalized communities in projects with the
film, television, and publishing industries carried out
through the respective offices of public affairs.
(b) Consideration of Depiction of Certain Communities.--The
Secretary of Defense and each Secretary of a military
department shall consider the promotion of a marginalized
community as an affirmative factor in any decision to provide
assistance to a production studio or publishing company
through the respective offices of public affairs.
(c) Report to Congress.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense,
in coordination with each Secretary of a military department,
shall submit to the congressional defense committees a report
on--
(1) the policies promulgated under subsection (a); and
(2) the activities carried out by the Secretary of Defense
and each such Secretary of a military department pursuant to
such subsection.
(d) Definition of Marginalized Community.--In this section,
the term ``marginalized community'' means a community--
(1) that is (or historically was) under-represented in the
film, television, and publishing industries, including--
(A) women;
(B) racial and ethnic minorities;
(C) individuals with disabilities;
(D) members of the LGBTQ community;
(E) individuals of all ages; and
(F) other individuals from under-represented communities;
and
(2) whose members have served in the Armed Forces.
Admentment No. 71 Offered by Mr. Chabot of Ohio
Add at the end of subtitle G of title XII the following:
SEC. 12__. REPORT ON INTERNALLY DISPLACED PEOPLES IN UKRAINE,
GEORGIA, MOLDOVA, AND AZERBAIJAN.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of State, in
coordination with the Secretary of Defense, shall submit to
the appropriate congressional committees a report on the
status of internally displaced persons in Ukraine, Georgia,
the Republic of Moldova, and the Republic of Azerbaijan.
(b) Elements.--The report required by subsection (a) shall
include an assessment of the following:
(1) The number of citizens of Ukraine, Georgia, Moldova,
and Azerbaijan who have been forcibly displaced in illegally
occupied regions in Ukraine, Georgia, Moldova, and Azerbaijan
by foreign forces since 1991.
(2) The number of citizens of Ukraine, Georgia, Moldova,
and Azerbaijan who have been killed in regions illegally
occupied by foreign forces since 1991.
(c) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Appropriations of the Senate and the
Committee on Appropriations of the House of Representatives;
and
(3) the Committee on Foreign Relations of the Senate and
the Committee on Foreign Affairs of the House of
Representatives.
Amendment No. 72 Offered by Mr. Chabot of Ohio
At the end of subtitle C of title XVI add the following new
section:
SEC. 16__. FUNDING FOR NATIONAL CENTER FOR HARDWARE AND
EMBEDDED SYSTEMS SECURITY AND TRUST.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 4201 for research, development, test,
and evaluation, Air Force, as specified in the corresponding
funding table in section 4201, for Aerospace Sensors, line
009, is hereby increased by $3,000,000 for the National
Center for Hardware and Embedded Systems Security and Trust.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1402 for chemical agents and
munitions destruction, as specified in the corresponding
funding table in section 4501, for Chem Demilitarization--
RDT&E, is hereby reduced by $3,000,000.
Amendment No. 73 Offered by Mr. Chabot of Ohio
Page 837, after line 2, insert the following:
SEC. 12__. DETERRENCE STRATEGY AGAINST CHINESE-ORIGIN CYBER
ATTACKS.
(a) Findings.--Congress finds the following:
(1) Cyber-enabled industrial espionage and the large scale
cybertheft of personal information by the People's Republic
of China
[[Page H3409]]
(``PRC'') are severely detrimental to national security,
economic vitality, and technological preeminence.
(2) Such attacks are generally situated within the context
of state-sponsored gray zone campaigns and not generally
ultimately attributable to sub-state actors.
(3) The United States response to such espionage has not
included the imposition of sufficient costs on the PRC to
deter or credibly respond to such attacks.
(b) Statement of Policy.--It is the policy of the United
States to deter and respond to industrial espionage and the
theft of personal information conducted against the United
States or United States persons by the PRC, PRC persons or
entities, or persons or entities acting on behalf of the PRC.
(c) In General.--Not later than 180 days after the date of
the enactment of this Act, the President shall submit to the
appropriate congressional committees a whole-of-government
strategy, in unclassified and classified forms as specified
in paragraphs (1) through (4), to impose costs on the PRC or
appropriate PRC persons or entities in order to deter
industrial espionage and the large-scale theft of personal
information conducted by the PRC, PRC persons or entities, or
persons or entities acting on behalf of the PRC against the
United States or United States persons, that includes the
following:
(1) An unclassified discussion of United States interests
in preventing such cyber attacks that includes a general
discussion of the impact on the United States and its economy
from such attacks.
(2) An unclassified general discussion of the contexts in
which and the means by which the United States will seek to
deter such cyber attacks, that seeks to demonstrate the
credibility of United States resolve to defend its interests
in cyberspace.
(3) A classified theory of deterrence with respect to the
PRC that explains--
(A) the means or combination of means, including available
non-cyber responses, anticipated to achieve deterrence and
the justification for such assessment; and
(B) an escalation ladder that describes the circumstances
and the timeframe under which the President plans to invoke
the use of such means to be effective to deter such attacks
or to invoke lesser means to provide a credible response.
(4) A classified description of the roles of the Secretary
of State, the Secretary of Defense, the Attorney General, the
Secretary of Commerce, the Secretary of the Treasury, the
Secretary of Homeland Security, the Secretary of Health and
Human Services, and, as appropriate, the head of each element
of the intelligence community (as such term is defined by
section 3 of the National Security Act of 1947 (50 U.S.C.
3003)) in carrying out such strategy.
(d) Implementation Plan.--Not later than 30 days after the
date of the submission of the strategy required by subsection
(c), each Federal official listed in subsection (c)(4) shall
submit to the appropriate congressional committees a
classified implementation plan to describe the manner in
which the respective department or agency will carry out this
strategy.
(e) Update.--Not later than 1 year after the date of the
submission of the strategy required by subsection (c), and
annually thereafter, the President shall submit to the
appropriate congressional committees an unclassified
assessment of the effectiveness of the strategy, an
unclassified summary of the lessons learned from the past
year on the effectiveness of deterrence (which may contain a
classified annex), and an unclassified summary of planned
changes to the strategy with a classified annex on changes to
its theory of deterrence.
(f) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs, the Committee on
Armed Services, the Permanent Select Committee on
Intelligence, the Committee on the Judiciary, the Committee
on Energy and Commerce, the Committee on Homeland Security,
and the Committee on Financial Services of the House of
Representatives; and
(2) the Committee on Foreign Relations, the Committee on
Armed Services, the Committee on Banking, Housing, and Urban
Affairs, the Committee on Commerce, Science, and
Transportation, the Committee on Homeland Security and
Government Affairs, and the Committee on the Judiciary of the
Senate.
amendment no. 74 Offered by Mr. Chabot of Ohio
Add at the end of subtitle G of title XII the following:
SEC. 12__. SENSE OF CONGRESS ON CROSS-BORDER VIOLENCE IN THE
GALWAN VALLEY AND THE GROWING TERRITORIAL
CLAIMS OF THE PEOPLE'S REPUBLIC OF CHINA.
(a) Findings.--Congress makes the following findings:
(1) Since a truce in 1962 ended skirmishes between India
and the People's Republic of China, the countries have been
divided by a 2,100-mile-long Line of Actual Control.
(2) In the decades since the truce, military standoffs
between India and the People's Republic of China have flared;
however, the standoffs have rarely claimed the lives of
soldiers.
(3) In the months leading up to June, 15, 2020, along the
Line of Actual Control, the People's Republic of China--
(A) reportedly amassed 5,000 soldiers; and
(B) is believed to have crossed into previously disputed
territory considered to be settled as part of India under the
1962 truce.
(4) On June 6, 2020, the People's Republic of China and
India reached an agreement to deescalate and disengage along
the Line of Actual Control.
(5) On June 15, 2020, at least 20 Indian soldiers and an
unconfirmed number of Chinese soldiers were killed in
skirmishes following a weeks-long standoff in Eastern Ladakh,
which is the de facto border between India and the People's
Republic of China.
(6) Following the deadly violence, Prime Minister Narendra
Modi of India stated, ``[w]henever there have been
differences of opinion, we have always tried to ensure that
those differences never turned into a dispute''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) India and the People's Republic of China should work
toward deescalating the situation along the Line of Actual
Control; and
(2) the expansion and aggression of the People's Republic
of China in and around disputed territories, such as the Line
of Actual Control, the South China Sea, the Senkaku Islands,
is of significant concern.
Amendment No. 75 Offered by Mr. Cicilline of Rhode Island
At the end of subtitle E of title XVII, add the following:
SEC. ___. ESTABLISHMENT OF SOUTHERN NEW ENGLAND REGIONAL
COMMISSION.
(a) Establishment.--Section 15301(a) of title 40, United
States Code, is amended by adding at the end the following:
``(4) The Southern New England Regional Commission.''.
(b) Designation of Region.--
(1) In general.--Subchapter II of chapter 157 of such title
is amended by adding at the end the following:
``Sec. 15734. Southern New England Regional Commission
``The region of the Southern New England Regional
Commission shall include the following counties:
``(1) Rhode island.--The counties of Providence,
Washington, Newport, and Bristol in the State of Rhode
Island.
``(2) Connecticut.--The counties of Hartford, New Haven,
and New London in the State of Connecticut.
``(3) Massachusetts.--The counties of Hampden and Bristol
in the State of Massachusetts.''.
(2) Technical and conforming amendment.--The analysis for
Subchapter II of chapter 157 of such title is amended by
adding at the end the following:
``15734. Southern New England Regional Commission.''.
(c) Authorization of Appropriations.--The authorization of
appropriations in section 15751 of title 40, United States
Code, shall apply with respect to the Southern New England
Regional Commission beginning with fiscal year 2021.
Amendment No. 76 Offered by Mr. Cicilline of Rhode Island
At the end of subtitle D of title VII, insert the following
new section:
SEC. 7__. REPORT ON MENTAL HEALTH TREATMENT RELATING TO
PREGNANCY.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit to Congress a report with respect to mental
health treatment relating to pregnancy that assesses the
following:
(1) The extent to which treatment for covered mental health
issues is available and accessible to active duty members of
the Armed Forces and the spouses of such members.
(2) The extent to which data on the rate of occurrence of
covered mental health issues among active duty members of the
Armed Forces, and the spouses of such members, is collected.
(3) The barriers that prevent active duty members of the
Armed Forces, and the spouses of such members, from seeking
or obtaining care for covered mental health issues.
(4) The ways in which the Department of Defense is
addressing barriers identified under paragraph (3).
(b) Covered Mental Health Issues Defined.--In this section,
the term ``covered mental health issues'' means pregnancy-
related depression, postpartum depression, and other
pregnancy-related mood disorders.
Amendment No. 77 Offered by Ms. Clarke of New York
At the end of subtitle E of title II, add the following new
section:
SEC. 2__. ASSESSMENTS OF INTELLIGENCE, DEFENSE, AND MILITARY
IMPLICATIONS OF DEEPFAKE VIDEOS AND RELATED
TECHNOLOGIES.
(a) Intelligence Threat Assessment.--
(1) In general.--In conjunction with each annual report
required under section 5709(d) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92)
(relating to deepfake technology and the foreign
weaponization of deepfakes), the Director of National
Intelligence shall submit to the Secretary of Defense and the
appropriate congressional committees a supplemental report on
the intelligence, defense, and military implications of
deepfake videos and related technologies.
(2) Elements.--Each supplemental report under paragraph (1)
shall include--
[[Page H3410]]
(A) a description of new developments with respect to the
national security implications of machine-manipulated media,
and intelligence community responses to such developments, as
it pertains to those matters described in section 5709(a) of
the National Defense Authorization Act for Fiscal Year 2020
(Public Law 116-92);
(B) a description of any known efforts by the militaries of
the People's Republic of China or the Russian Federation or
any governmental elements that provide intelligence support
to such militaries, to deploy machine-manipulated media in
the context of any ongoing geopolitical disputes, armed
conflicts, or related operations; and
(C) an assessment of additional future security risks posed
by artificial intelligence technologies that facilitate the
creation of machine-manipulated media, including security
risks in contexts other than influence or information
operations (including the potential subversion of biometric
authentication systems).
(3) Interim report.--Not later than 120 days after the date
of the enactment of this Act, the Director of National
Intelligence shall submit to the Secretary of Defense and the
appropriate congressional committees a report on the
preliminary findings of the Director with respect to each
element described in subsection (2).
(4) Appropriate congressional committees defined.--In this
section, the term ``appropriate congressional committees''
means--
(A) the congressional defense committees;
(B) the Select Committee on Intelligence of the Senate; and
(C) the Permanent Select Committee on Intelligence of the
House of Representatives.
(b) Military Risk Assessment.--
(1) In general.--Not later than 180 days after date on
which the report under subsection (a)(3) is submitted to the
Secretary of Defense, the Secretary shall submit to the
congressional defense committees an assessment, based on the
results of such report, of the risks posed by machine-
manipulated media to the operations, personnel, and
activities of the Department of Defense and the Armed Forces.
(2) Elements.--The report under paragraph (1) shall include
the following:
(A) An assessment of the risks posed by machine-manipulated
media in the contexts of military planning, defense
intelligence collection, operational decision-making, and
such other contexts as the Secretary of Defense deems
appropriate.
(B) A description of how the Department of Defense would
assess, particularly under limited time constraints, the
legitimacy of machine-manipulated media purporting to depict
activities relevant to ongoing military operations (such as a
deepfake video purporting to depict a foreign government
official announcing an impending military strike, retreat, or
other tactical action).
(C) A description of any efforts of the Department of
Defense to combat the actual or potential creation of
machine-manipulated media that falsely depicts or replicates
biometric identifiers of Federal Government officials, and an
assessment of the feasibility of adopting or developing
technologies to reduce the likelihood of video, audio, or
visual content produced or distributed by the Department of
Defense from being manipulated or exploited in such manner.
(D) An assessment of the Department of Defense's current
machine-manipulated media detection capabilities, and
recommendations with respect to improving such capabilities.
(c) Form.--The reports required under subsections (a) and
(b) may be submitted in classified form, but if so submitted,
shall be accompanied by unclassified annexes.
(d) Machine-manipulated Media Defined.--In this section,
the term ``machine-manipulated media'' has the meaning given
that term in section 5724(d) of the National Defense
Authorization Act for Fiscal Year 2020 1 (Public Law 116-92).
Amendment No. 78 Offered by Ms. Clarke of New York
Page 143, after line 24 (relating to the establishment of
the Steering Committee on Emerging Technology), add the
following new subsection:
(g) Deepfake Working Group.--
(1) In general.--The co-chairs stall establish a working
group, in coordination with the Defense Advanced Research
Project Agency and such other departments and agencies of the
Federal Government as the co-chairs deem appropriate, to--
(A) inform the Steering Committee's activities with respect
to the national security implications of machine-manipulated
media (commonly known as ``deepfakes'');
(B) assess the Federal Government's capabilities with
respect to technologies to detect, or otherwise counter and
combat, machine-manipulated media and other advanced image
manipulation methods;
(C) assess the machine-manipulated media capabilities of
foreign countries and non-state actors, with particular
emphasis on the People's Republic of China and the Russian
Federation; and
(D) provide recommendations to the Steering Committee on
the matters described in subparagraphs (A) through (C).
(2) Machine-manipulated media defined.--In this subsection,
the term ``machine-manipulated media'' has the meaning given
that term in section 5724(d) of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92).
Page 144, line 1, strike ``(g)'' and insert ``(h)''.
Page 144, line 7, after ``intelligence'' insert
``(including deepfake videos and related technologies)''.
Amendment No. 79 Offered by Ms. Clarke of New York
At the end of subtitle G of title XII, add the following:
SEC. 1273. ENHANCING ENGAGEMENT WITH THE CARIBBEAN.
It is the sense of Congress that--
(1) the prosperity and security of the Caribbean region is
a matter of significant importance for the United States, and
promotion of such should be a component of United States
policy;
(2) the United States and the Caribbean region, due to both
geographic proximity and close societal ties, are bound
together by a variety of shared interests, including with
respect to--
(A) enhancing mutual resiliency and preparedness for
natural disasters;
(B) coordinating humanitarian responses to such disasters;
(C) advancing trade, investment, academic exchange, and
other cooperative efforts between the United States and the
Caribbean region;
(D) enhancing Caribbean states' security and safeguarding
territorial sovereignty, including from risks related to
predatory financing;
(E) strengthening the rule of law, supporting civil
society, and upholding human rights;
(F) addressing other mutual challenges, including
hemispheric efforts to combat the coronavirus pandemic; and
(G) countering drug trafficking;
(3) in furtherance of these and other shared interests, the
United States should strengthen its engagement with the
Caribbean region; and
(4) the Department of State's and the Department of
Defense's facilitation of such engagement is essential, given
the role of the various agencies of the United States
government in coordinating humanitarian responses and United
States national security.
amendment no. 80 offered by ms. clarke of new york
Page 1418, line 25, strike ``and''.
Page 1419, line 2, strike the period and insert ``; and''.
Page 1419, after line 2, insert the following:
(D) artificial intelligence systems that may perpetuate
societal biases against protected classes of persons,
including on the basis of sex, race, age, disability, color,
creed, national origin, or religion, or otherwise automate
discriminatory decision-making.
SEC. 5109. RULE OF CONSTRUCTION REGARDING ETHICAL ARTIFICIAL
INTELLIGENCE.
For purposes of this division, the term ``ethical'' (when
used in the context of artificial intelligence) shall be
deemed to include efforts to minimize or eliminate
discriminatory algorithmic bias, particularly as it pertains
to protected classes of persons, including on the basis of
sex, race, age, disability, color, creed, national origin, or
religion.
amendment no. 81 Offered by Ms. Clarke of New York
At the end of subtitle E of title X, add the following:
SEC. 1052. PROHIBITION ON USE OF FUNDS FOR DISCRIMINATORY
ALGORITHMIC DECISIONMAKING SYSTEMS.
None of the funds authorized to be appropriated by this Act
or otherwise made available for fiscal year 2021 for the
Joint Artificial Intelligence Center to acquire or develop
new artificial intelligence systems may be obligated or
expended unless the Department of Defense, or the vendor of
such new system, has--
(1) assessed such algorithmic decision-making system, or
commits to assess such system within 1 year of the date of
such acquisition or completion of development, with respect
to its potential to perpetuate or introduce discriminatory
bias against protected classes of persons, including on the
basis of sex, race, age, disability, color, creed, national
origin, or religion, and after the completion of such
assessment, transmits to the Secretary a description of the
methodology by which such assessment was conducted;
(2) sought to address any unintended discriminatory bias
identified pursuant to paragraph (1) prior to deploying such
system, and through periodic assessments during use of such
systems, in any context where such usage poses a tangible
risk of resulting in an action which could reasonably be seen
to violate any law, policy, regulation, or other codified
practice of the United States with respect to anti-
discrimination, equal protection, or civil rights, and
transmitted to the Secretary a description of the measures
undertaken to comply with the requirements of this section;
and
(3) ensured that such system conforms to the DoD AI Ethics
Principles for purposes of identifying and addressing the
causes of potential discriminatory biases in the system.
Amendment No. 82 Offered by Ms. Clarke of New York
At the end of subtitle A of title XVII, add the following
new section:
SEC. 17__. SENSE OF CONGRESS AND STRATEGY ON CATASTROPHIC
CRITICAL INFRASTRUCTURE FAILURE RESPONSE.
(a) Sense of Congress.--It is the sense of Congress that--
[[Page H3411]]
(1) the occurrence of a catastrophic critical
infrastructure failure event, in which key networks
facilitating the delivery of essential services such as
electricity, water, or communications fail for an extended
duration, would constitute a significant threat to the
national security and common welfare of the United States;
(2) such a catastrophic critical infrastructure failure
event could occur by various means, including but not limited
to those linked to natural phenomenon (including earthquakes,
hurricanes, or geomagnetic disturbances) or military conflict
(including cyberattacks, electromagnetic pulse effects, or
kinetic assault); and
(3) the Department of the Defense should strengthen its
preparedness for catastrophic critical infrastructure failure
events, including with respect to preemptive infrastructure
enhancements, the facilitation of resiliency and relief
efforts in the aftermath thereto, and the mitigation of
impacts of such an event on activities of the Department.
(b) Strategy.--
(1) In general.--Not later than one year after the date of
the enactment of this Act, the Secretary of Defense shall
submit to the congressional defense committees a report that
includes an analysis of each of the following:
(A) Particular threat scenarios involving catastrophic
critical infrastructure failure events which the Secretary
believes could be adequately addressed by existing Department
of Defense plans and resources.
(B) Particular threat scenarios involving catastrophic
critical infrastructure failure events which the Secretary
believes could not currently be adequately addressed by
existing Department of Defense plans and resources.
(C) Unique challenges, with respect to activities and
operations of the Department of Defense, presented by
catastrophic critical infrastructure failure events involving
geomagnetic disturbance or electromagnetic pulse events.
(D) Strategies to increase future preparedness with respect
to any threat scenarios identified pursuant to subparagraph
(B).
(2) Form.--The report under paragraph (1) may be submitted
in classified form, but if so submitted, shall be accompanied
by an unclassified summary.
Amendment No. 83 Offered by Ms. Clarke of New York
Page 443, line 12, insert ``xenophobic,'' after
``racist,''.
Amendment No. 84 Offered by Mr. Cohen of Tennessee
At the end of subtitle D of title XII, add the following:
SEC. _. REPORT ON PRESENCE OF RUSSIAN MILITARY FORCES IN
OTHER FOREIGN COUNTRIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation with the Secretary of State, shall submit to the
appropriate congressional committees a report that contains
the following:
(1) A list of foreign countries that have consented to host
military forces of Russia, including a description of--
(A) any agreement between each country and Russia to host
such forces;
(B) the number of Russian military forces that are present
in each country;
(C) the location of Russian military forces that are
present in each country;
(D) the types of Russian military force structures that are
present in each country;
(E) the level and type of United States security assistance
provided to each country; and
(F) any military exercises that Russian forces have
undertaken with each country.
(2) A list of foreign countries with respect to which
Russia has deployed military forces in violation of the
territorial sovereignty of such countries, including a
description of--
(A) the number of Russian military forces that are present
in each country;
(B) the location of Russian military forces that are
present in each country; and
(C) the types of Russian military force structures that are
present in each country.
(b) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may include a classified
annex.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the congressional defense committees;
(2) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(3) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
Amendment No. 85 Offered by Mr. Cohen of Tennessee
At the end of subtitle A of title X, insert the following:
SEC. 10__. DEPARTMENT OF DEFENSE AUDIT REMEDIATION PLAN.
Section 240g(a) of title 10, United States Code, is
amended--
(1) in paragraph (2), by striking ``and'' at the end;
(2) in paragraph (3), by striking the period and inserting
``; and''; and
(3) by adding at the end the following new paragraphs:
``(4) the amount spent by the Department on operating and
maintaining financial management systems during the preceding
five fiscal years; and
``(5) the amount spent by the Department on acquiring or
developing new financial management systems during such five
fiscal years.''.
Amendment No. 86 Offered by Mr. Cohen of Tennessee
At the end of subtitle A of title XVII, add the following:
SEC. 17___. GAO STUDY ON THE SCHOOL-TO-PRISON PIPELINE.
(a) In General.--The Comptroller General of the United
States shall conduct a study on the school to prison pipeline
in order to--
(1) highlight this issue;
(2) offer proof of concept to States that evidence-based
interventions, such as restorative practices, are--
(A) more effective than punitive, exclusionary measures;
(B) improve student achievement; and
(C) enhance public safety and student-well-being; and
(3) determine the long-term benefits of replacing a
punitive approach to discipline with restorative practices in
schools, by analyzing the potential savings generated by
helping children stay in school and out of the criminal
justice system.
(b) Cost-benefit Analysis.--The study conducted under
subsection (a) shall include a cost-benefit analysis to
determine the effectiveness and impact of school resource
officers and local law enforcement personnel on school
climate and student discipline.
(c) Report.--Upon the conclusion of the study under
subsection (a), the Comptroller General of the United States
shall prepare and submit to Congress a report regarding the
study and the conclusions and recommendations generated from
the study.
Amendment No. 87 Offered by Mr. Cole of Oklahoma
At the end of subtitle A of title VII, add the following
new section:
SEC. 705. EXPANSION OF BENEFITS AVAILABLE UNDER TRICARE
EXTENDED CARE HEALTH OPTION PROGRAM.
(a) Extended Benefits for Eligible Dependents.--Subsection
(e) of section 1079 of title 10, United States Code, is
amended to read as follows:
``(e)(1) Extended benefits for eligible dependents under
subsection (d) may include comprehensive health care services
(including services necessary to maintain, or minimize or
prevent deterioration of, function of the patient) and case
management services with respect to the qualifying condition
of such a dependent, and include, to the extent such benefits
are not provided under provisions of this chapter other than
under this section, the following:
``(A) Diagnosis and screening.
``(B) Inpatient, outpatient, and comprehensive home health
care supplies and services which may include cost effective
and medically appropriate services other than part-time or
intermittent services (within the meaning of such terms as
used in the second sentence of section 1861(m) of the Social
Security Act).
``(C) Rehabilitation and habilitation services and devices.
``(D) Institutional care in private nonprofit, public, and
State institutions and facilities and, if appropriate,
transportation to and from such institutions and facilities.
``(E) Custodial care, notwithstanding the prohibition in
section 1077(b)(1) of this title.
``(F) In accordance with paragraph (2), respite care for
the primary caregiver of the eligible dependent.
``(G) In accordance with paragraph (3), service and
modification of durable equipment and assistive technology
devices.
``(H) Special education.
``(I) Vocational training, which may be furnished to an
eligible dependent in the residence of the eligible dependent
or at a facility in which such training is provided.
``(J) In accordance with paragraph (4), adaptations to the
private residence and vehicle of the eligible dependent.
``(K) Such other services and supplies as determined
appropriate by the Secretary, notwithstanding the limitations
in subsection (a)(12).
``(2) Respite care under paragraph (1)(F) shall be provided
subject to the following conditions:
``(A) Pursuant to regulations prescribed by the Secretary
for purposes of this paragraph, such respite care shall be
limited to--
``(i) 50 hours per month for a primary caregiver not
covered by clause (ii); or
``(ii) 40 hours per week for cases where the Secretary
determines that the plan of care for the eligible dependent
includes frequent interventions by the primary caregiver.
``(B) Unused hours of respite care may not be carried over
to another month.
``(C) Such respite care may be provided to an eligible
beneficiary regardless of whether the eligible beneficiary is
receiving another benefit under this subsection.
``(3)(A) Service and modification of durable equipment and
assistive technology devices under paragraph (1)(G) may be
provided only upon determination by the Secretary that the
service or modification is necessary for the use of such
equipment or device by the eligible dependent.
``(B) Service and modification of durable equipment and
assistive technology devices under such paragraph may not be
provided--
``(i) in the case of misuse, loss, or theft of the
equipment or device; or
``(ii) for a deluxe, luxury, or immaterial feature of the
equipment or device, as determined by the Secretary.
``(C) Service and modification of durable equipment and
assistive technology devices
[[Page H3412]]
under such paragraph may include training of the eligible
dependent and immediate family members of the eligible
dependent on the use of the equipment or device.
``(4)(A) Adaptations to the private residence and vehicle
of the eligible dependent under paragraph (1)(J) may be
provided if such adaptations--
``(i) are determined to be medically necessary by the
provider responsible for the care of the eligible dependent
with respect to the qualifying condition; and
``(ii) are necessary to assist in--
``(I) the reduction of the disabling effects of the
qualifying condition; or
``(II) maintenance of the present functionality of the
eligible dependent.
``(B) With respect to a vehicle, adaptations may be
provided under such paragraph if the vehicle is the primary
means of transportation of the eligible dependent.''.
(b) Conforming Amendment.--Subsection (f) of such section
is amended by striking ``paragraph (3) or (4) of subsection
(e)'' each place it appears and inserting ``subparagraph (C),
(D), (G), (H), or (I) of subsection (e)(1)''.
(c) Additional Requirements in Office of Special Needs
Annual Report.--Section 1781c(g)(2) of title 10, United
States Code, is amended--
(1) by redesignating subparagraph (C) as subparagraph (D);
and
(2) by inserting after subparagraph (B) the following new
subparagraph (C):
``(C) With respect to the Extended Care Health Option
program under section 1079(d) of ths title--
``(i) the utilization rates of services under such program
by eligible dependents (as such term is defined in such
section) during the prior year;
``(ii) a description of gaps in such services, as
ascertained by the Secretary from information provided by
families of eligible dependents;
``(iii) an assessment of factors that prevent knowledge of
and access to such program, including a discussion of actions
the Secretary may take to address these factors; and
``(iv) an assessment of the average wait time for an
eligible dependent enrolled in the program to access
alternative health coverage for a qualifying condition (as
such term is defined in such section), including a discussion
of any adverse health outcomes associated with such wait.''.
(d) Comptroller General Report.--The Comptroller General of
the United States shall submit to Congress a report
containing a study on caregiving available through programs
such as State Home and Community Based Services and the
Program of Comprehensive Assistance for Family Caregivers of
the Department of Veterans Affairs under section 1720G of
title 38, United States Code. The report shall--
(1) include input from payers, administrators, consumers,
and advocates in order to analyze best practices for
administering programs to support caregivers of individuals
with intellectual or physical disabilities; and
(2) compare the provision of respite and related care
through the Extended Care Health Option program under section
1079(d) of title 10, United States Code, to recognized best
practices and, if needed, make recommendations for
improvement.
(e) Effective Date.--The amendments made by this section
shall take effect October 1, 2020.
(f) Funding.--
(1) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1405 for the Defense Health Program,
as specified in the corresponding funding table in section
4501, for Defense Health Program, In-House Care, is hereby
increased by $15,000,000.
(2) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 1405 for the Defense Health Program,
as specified in the corresponding funding table in section
4501, for Defense Health Program, Private Sector Care, is
hereby reduced by $15,000,000.
Amendment No. 88 Offered by Mr. Collins of Georgia
At the end of subtitle A of title VII, add the following
new section:
SEC. 7__. PROVISION OF HEARING AIDS FOR DEPENDENTS OF CERTAIN
MEMBERS OF THE RESERVE COMPONENTS.
Section 1077(g) of title 10, United States Code, is
amended--
(1) by striking ``In addition'' and inserting ``(1) In
addition''; and
(2) by adding at the end the following new paragraph:
``(2) For purposes of providing hearing aids under
subsection (a)(16), a dependent of a member of the reserve
components who is enrolled in the TRICARE program under
section 1076d of this title shall be deemed to be a dependent
of a member of the uniformed services on active duty.''.
Amendment No. 89 Offered by Mr. Connolly of Virginia
Page 1115, after line 5, insert the following new section
(and amend the table of contents accordingly):
SEC. 1762. FEDRAMP AUTHORIZATION ACT.
(a) Short Title.--This section may be cited as the
``Federal Risk and Authorization Management Program
Authorization Act of 2020'' or the ``FedRAMP Authorization
Act''.
(b) Codification of the FedRAMP Program.--
(1) Amendment.--Chapter 36 of title 44, United States Code,
is amended by adding at the end the following new sections:
``Sec. 3607. Federal Risk and Authorization Management
Program
``(a) Establishment.--There is established within the
General Services Administration the Federal Risk and
Authorization Management Program. The Administrator of
General Services, in accordance with the guidelines
established pursuant to section 3612, shall establish a
governmentwide program that provides the authoritative
standardized approach to security assessment and
authorization for cloud computing products and services that
process unclassified information used by agencies.
``(b) Components of Fedramp.--The Joint Authorization Board
and the FedRAMP Program Management Office are established as
components of FedRAMP.
``Sec. 3608. FedRAMP Program Management Office
``(a) GSA Duties.--
``(1) Roles and responsibilities.--The Administrator of
General Services shall--
``(A) determine the categories and characteristics of cloud
computing information technology goods or services that are
within the jurisdiction of FedRAMP and that require FedRAMP
authorization from the Joint Authorization Board or the
FedRAMP Program Management Office;
``(B) develop, coordinate, and implement a process for the
FedRAMP Program Management Office, the Joint Authorization
Board, and agencies to review security assessments of cloud
computing services pursuant to subsections (b) and (c) of
section 3611, and appropriate oversight of continuous
monitoring of cloud computing services; and
``(C) ensure the continuous improvement of FedRAMP.
``(2) Implementation.--The Administrator shall oversee the
implementation of FedRAMP, including--
``(A) appointing a Program Director to oversee the FedRAMP
Program Management Office;
``(B) hiring professional staff as may be necessary for the
effective operation of the FedRAMP Program Management Office,
and such other activities as are essential to properly
perform critical functions;
``(C) entering into interagency agreements to detail
personnel on a reimbursable or non-reimbursable basis to
assist the FedRAMP Program Management Office and the Joint
Authorization Board in discharging the responsibilities of
the Office under this section; and
``(D) such other actions as the Administrator may determine
necessary to carry out this section.
``(b) Duties.--The FedRAMP Program Management Office shall
have the following duties:
``(1) Provide guidance to independent assessment
organizations, validate the independent assessments, and
apply the requirements and guidelines adopted in section
3609(c)(5).
``(2) Oversee and issue guidelines regarding the
qualifications, roles, and responsibilities of independent
assessment organizations.
``(3) Develop templates and other materials to support the
Joint Authorization Board and agencies in the authorization
of cloud computing services to increase the speed,
effectiveness, and transparency of the authorization process,
consistent with standards defined by the National Institute
of Standards and Technology.
``(4) Establish and maintain a public comment process for
proposed guidance before the issuance of such guidance by
FedRAMP.
``(5) Issue FedRAMP authorization for any authorizations to
operate issued by an agency that meets the requirements and
guidelines described in paragraph (1).
``(6) Establish frameworks for agencies to use
authorization packages processed by the FedRAMP Program
Management Office and Joint Authorization Board.
``(7) Coordinate with the Secretary of Defense and the
Secretary of Homeland Security to establish a framework for
continuous monitoring and reporting required of agencies
pursuant to section 3553.
``(8) Establish a centralized and secure repository to
collect and share necessary data, including security
authorization packages, from the Joint Authorization Board
and agencies to enable better sharing and reuse to such
packages across agencies.
``(c) Evaluation of Automation Procedures.--
``(1) In general.--The FedRAMP Program Management Office
shall assess and evaluate available automation capabilities
and procedures to improve the efficiency and effectiveness of
the issuance of provisional authorizations to operate issued
by the Joint Authorization Board and FedRAMP authorizations,
including continuous monitoring of cloud environments and
among cloud environments.
``(2) Means for automation.--Not later than 1 year after
the date of the enactment of this section and updated
annually thereafter, the FedRAMP Program Management Office
shall establish a means for the automation of security
assessments and reviews.
``(d) Metrics for Authorization.--The FedRAMP Program
Management Office shall establish annual metrics regarding
the time and quality of the assessments necessary for
completion of a FedRAMP authorization process in a manner
that can be consistently tracked over time in conjunction
with the periodic testing and evaluation process pursuant to
section 3554 in a manner that minimizes the agency reporting
burden.
[[Page H3413]]
``Sec. 3609. Joint Authorization Board
``(a) Establishment.--There is established the Joint
Authorization Board which shall consist of cloud computing
experts, appointed by the Director in consultation with the
Administrator, from each of the following:
``(1) The Department of Defense.
``(2) The Department of Homeland Security.
``(3) The General Services Administration.
``(4) Such other agencies as determined by the Director, in
consultation with the Administrator.
``(b) Issuance of Provisional Authorizations to Operate.--
The Joint Authorization Board shall conduct security
assessments of cloud computing services and issue provisional
authorizations to operate to cloud service providers that
meet FedRAMP security guidelines set forth in section
3608(b)(1).
``(c) Duties.--The Joint Authorization Board shall--
``(1) develop and make publicly available on a website,
determined by the Administrator, criteria for prioritizing
and selecting cloud computing services to be assessed by the
Joint Authorization Board;
``(2) provide regular updates on the status of any cloud
computing service during the assessment and authorization
process of the Joint Authorization Board;
``(3) review and validate cloud computing services and
independent assessment organization security packages or any
documentation determined to be necessary by the Joint
Authorization Board to evaluate the system security of a
cloud computing service;
``(4) in consultation with the FedRAMP Program Management
Office, serve as a resource for best practices to accelerate
the FedRAMP process;
``(5) establish requirements and guidelines for security
assessments of cloud computing services, consistent with
standards defined by the National Institute of Standards and
Technology, to be used by the Joint Authorization Board and
agencies;
``(6) perform such other roles and responsibilities as the
Administrator may assign, in consultation with the FedRAMP
Program Management Office and members of the Joint
Authorization Board; and
``(7) establish metrics and goals for reviews and
activities associated with issuing provisional authorizations
to operate and provide to the FedRAMP Program Management
Office.
``(d) Determinations of Demand for Cloud Computing
Services.--The Joint Authorization Board shall consult with
the Chief Information Officers Council established in section
3603 to establish a process for prioritizing and accepting
the cloud computing services to be granted a provisional
authorization to operate through the Joint Authorization
Board, which shall be made available on a public website.
``(e) Detail of Personnel.--To assist the Joint
Authorization Board in discharging the responsibilities under
this section, personnel of agencies may be detailed to the
Joint Authorization Board for the performance of duties
described under subsection (c).
``Sec. 3610. Independent assessment organizations
``(a) Requirements for Accreditation.--The Joint
Authorization Board shall determine the requirements for
certification of independent assessment organizations
pursuant to section 3609. Such requirements may include
developing or requiring certification programs for
individuals employed by the independent assessment
organizations who lead FedRAMP assessment teams.
``(b) Assessment.--Accredited independent assessment
organizations may assess, validate, and attest to the quality
and compliance of security assessment materials provided by
cloud service providers.
``Sec. 3611. Roles and responsibilities of agencies
``(a) In General.--In implementing the requirements of
FedRAMP, the head of each agency shall, consistent with
guidance issued by the Director pursuant to section 3612--
``(1) create policies to ensure cloud computing services
used by the agency meet FedRAMP security requirements and
other risk-based performance requirements as defined by the
Director;
``(2) issue agency-specific authorizations to operate for
cloud computing services in compliance with section 3554;
``(3) confirm whether there is a provisional authorization
to operate in the cloud security repository established under
section 3608(b)(10) issued by the Joint Authorization Board
or a FedRAMP authorization issued by the FedRAMP Program
Management Office before beginning an agency authorization
for a cloud computing product or service;
``(4) to the extent practicable, for any cloud computing
product or service the agency seeks to authorize that has
received either a provisional authorization to operate by the
Joint Authorization Board or a FedRAMP authorization by the
FedRAMP Program Management Office, use the existing
assessments of security controls and materials within the
authorization package; and
``(5) provide data and information required to the Director
pursuant to section 3612 to determine how agencies are
meeting metrics as defined by the FedRAMP Program Management
Office.
``(b) Submission of Policies Required.--Not later than 6
months after the date of the enactment of this section, the
head of each agency shall submit to the Director the policies
created pursuant to subsection (a)(1) for review and
approval.
``(c) Submission of Authorizations To Operate Required.--
Upon issuance of an authorization to operate or a provisional
authorization to operate issued by an agency, the head of
each agency shall provide a copy of the authorization to
operate letter and any supplementary information required
pursuant to section 3608(b) to the FedRAMP Program Management
Office.
``(d) Presumption of Adequacy.--
``(1) In general.--The assessment of security controls and
materials within the authorization package for provisional
authorizations to operate issued by the Joint Authorization
Board and agency authorizations to operate that receive
FedRAMP authorization from the FedRAMP Program Management
Office shall be presumed adequate for use in agency
authorizations of cloud computing products and services.
``(2) Information security requirements.--The presumption
under paragraph (1) does not modify or alter the
responsibility of any agency to ensure compliance with
subchapter II of chapter 35 for any cloud computing products
or services used by the agency.
``Sec. 3612. Roles and responsibilities of the Office of
Management and Budget
``The Director shall have the following duties:
``(1) Issue guidance to ensure that an agency does not
operate a Federal Government cloud computing service using
Government data without an authorization to operate issued by
the agency that meets the requirements of subchapter II of
chapter 35 and FedRAMP.
``(2) Ensure agencies are in compliance with any guidance
or other requirements issued related to FedRAMP.
``(3) Review, analyze, and update guidance on the adoption,
security, and use of cloud computing services used by
agencies.
``(4) Ensure the Joint Authorization Board is in compliance
with section 3609(c).
``(5) Adjudicate disagreements between the Joint
Authorization Board and cloud service providers seeking a
provisional authorization to operate through the Joint
Authorization Board.
``(6) Promulgate regulations on the role of FedRAMP
authorization in agency acquisition of cloud computing
products and services that process unclassified information.
``Sec. 3613. Authorization of appropriations for FEDRAMP
``There is authorized to be appropriated $20,000,000 each
year for the FedRAMP Program Management Office and the Joint
Authorization Board.
``Sec. 3614. Reports to Congress
``Not later than 12 months after the date of the enactment
of this section, and annually thereafter, the Director shall
submit to the Committee on Oversight and Reform of the House
of Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate a report that includes the
following:
``(1) The status, efficiency, and effectiveness of FedRAMP
Program Management Office and agencies during the preceding
year in supporting the speed, effectiveness, sharing, reuse,
and security of authorizations to operate for cloud computing
products and services, including progress towards meeting the
metrics adopted by the FedRAMP Program Management Office
pursuant to section 3608(d) and the Joint Authorization Board
pursuant to section 3609(c)(5).
``(2) Data on agency use of provisional authorizations to
operate issued by the Joint Authorization Board and agency
sponsored authorizations that receive FedRAMP authorization
by the FedRAMP Program Management Office.
``(3) The length of time for the Joint Authorization Board
to review applications for and issue provisional
authorizations to operate.
``(4) The length of time for the FedRAMP Program Management
Office to review agency applications for and issue FedRAMP
authorization.
``(5) The number of provisional authorizations to operate
issued by the Joint Authorization Board and FedRAMP
authorizations issued by the FedRAMP Program Management
Office for the previous year.
``(6) A review of progress made during the preceding year
in advancing automation techniques to securely automate
FedRAMP processes and to accelerate reporting as described in
this section.
``(7) The number and characteristics of authorized cloud
computing services in use at each agency consistent with
guidance provided by the Director in section 3612.
``Sec. 3615. Federal Secure Cloud Advisory Committee
``(a) Establishment, Purposes, and Duties.--
``(1) Establishment.--There is established a Federal Secure
Cloud Advisory Committee (referred to in this section as the
`Committee') to ensure effective and ongoing coordination of
agency adoption, use, authorization, monitoring, acquisition,
and security of cloud computing products and services to
enable agency mission and administrative priorities.
``(2) Purposes.--The purposes of the Committee are the
following:
``(A) To examine the operations of FedRAMP and determine
ways that authorization processes can continuously be
improved, including the following:
[[Page H3414]]
``(i) Measures to increase agency re-use of provisional
authorizations to operate issued by the Joint Authorization
Board.
``(ii) Proposed actions that can be adopted to reduce the
cost of provisional authorizations to operate and FedRAMP
authorizations for cloud service providers.
``(iii) Measures to increase the number of provisional
authorizations to operate or FedRAMP authorizations for cloud
computing services offered by small businesses (as defined by
section 3(a) of the Small Business Act (15 U.S.C. 632(a)).
``(B) Collect information and feedback on agency compliance
with and implementation of FedRAMP requirements.
``(C) Serve as a forum that facilitates communication and
collaboration among the FedRAMP stakeholder community.
``(3) Duties.--The duties of the Committee are, at a
minimum, the following:
``(A) Provide advice and recommendations to the
Administrator, the Joint Authorization Board, and to agencies
on technical, financial, programmatic, and operational
matters regarding secure adoption of cloud computing
services.
``(B) Submit reports as required.
``(b) Members.--
``(1) Composition.--The Committee shall be comprised of not
more than 15 members who are qualified representatives from
the public and private sectors, appointed by the
Administrator, in consultation with the Administrator of the
Office of Electronic Government, as follows:
``(A) The Administrator or the Administrator's designee,
who shall be the Chair of the Committee.
``(B) At least one representative each from the
Cybersecurity and Infrastructure Security Agency and the
National Institute of Standards and Technology.
``(C) At least two officials who serve as the Chief
Information Security Officer within an agency, who shall be
required to maintain such a position throughout the duration
of their service on the Committee.
``(D) At least one official serving as Chief Procurement
Officer (or equivalent) in an agency, who shall be required
to maintain such a position throughout the duration of their
service on the Committee.
``(E) At least one individual representing an independent
assessment organization.
``(F) No fewer than five representatives from unique
businesses that primarily provide cloud computing services or
products, including at least two representatives from a small
business (as defined by section 3(a) of the Small Business
Act (15 U.S.C. 632(a))).
``(G) At least two other government representatives as the
Administrator determines to be necessary to provide
sufficient balance, insights, or expertise to the Committee.
``(2) Deadline for appointment.--Each member of the
Committee shall be appointed not later than 30 days after the
date of the enactment of this Act.
``(3) Period of appointment; vacancies.--
``(A) In general.--Each non-Federal member of the Committee
shall be appointed for a term of 3 years, except that the
initial terms for members may be staggered 1, 2, or 3 year
terms to establish a rotation in which one-third of the
members are selected each year. Any such member may be
appointed for not more than 2 consecutive terms.
``(B) Vacancies.--Any vacancy in the Committee shall not
affect its powers, but shall be filled in the same manner in
which the original appointment was made. Any member appointed
to fill a vacancy occurring before the expiration of the term
for which the member's predecessor was appointed shall be
appointed only for the remainder of that term. A member may
serve after the expiration of that member's term until a
successor has taken office.
``(c) Meetings and Rules of Procedures.--
``(1) Meetings.--The Committee shall hold not fewer than
three meetings in a calendar year, at such time and place as
determined by the Chair.
``(2) Initial meeting.--Not later than 120 days after the
date of the enactment of this section, the Committee shall
meet and begin the operations of the Committee.
``(3) Rules of procedure.--The Committee may establish
rules for the conduct of the business of the Committee, if
such rules are not inconsistent with this section or other
applicable law.
``(d) Employee Status.--
``(1) In general.--A member of the Committee (other than a
member who is appointed to the Committee in connection with
another Federal appointment) shall not be considered an
employee of the Federal Government by reason of any service
as such a member, except for the purposes of section 5703 of
title 5, relating to travel expenses.
``(2) Pay not permitted.--A member of the Committee covered
by paragraph (1) may not receive pay by reason of service on
the panel.
``(e) Applicability to the Federal Advisory Committee
Act.--Notwithstanding any other provision of law, the Federal
Advisory Committee Act (5 U.S.C. App.) shall apply to the
Committee, except that section 14 of such Act shall not
apply.
``(f) Hearings and Evidence.--The Committee, or on the
authority of the Committee, any subcommittee, may, for the
purposes of carrying out this section, hold hearings, sit and
act at such times and places, take testimony, receive
evidence, and administer oaths.
``(g) Contracting.--The Committee, may, to such extent and
in such amounts as are provided in appropriation Acts, enter
into contracts to enable the Committee to discharge its
duties under this section.
``(h) Information From Federal Agencies.--
``(1) In general.--The Committee is authorized to secure
directly from any executive department, bureau, agency,
board, commission, office, independent establishment, or
instrumentality of the Government, information, suggestions,
estimates, and statistics for the purposes of the Committee.
Each department, bureau, agency, board, commission, office,
independent establishment, or instrumentality shall, to the
extent authorized by law, furnish such information,
suggestions, estimates, and statistics directly to the
Committee, upon request made by the Chair, the Chair of any
subcommittee created by a majority of the Committee, or any
member designated by a majority of the Committee.
``(2) Receipt, handling, storage, and dissemination.--
Information may only be received, handled, stored, and
disseminated by members of the Committee and its staff
consistent with all applicable statutes, regulations, and
Executive orders.
``(i) Detail of Employees.--Any Federal Government employee
may be detailed to the Committee without reimbursement from
the Committee, and such detailee shall retain the rights,
status, and privileges of his or her regular employment
without interruption.
``(j) Postal Services.--The Committee may use the United
States mails in the same manner and under the same conditions
as agencies.
``(k) Expert and Consultant Services.--The Committee is
authorized to procure the services of experts and consultants
in accordance with section 3109 of title 5, but at rates not
to exceed the daily rate paid a person occupying a position
at Level IV of the Executive Schedule under section 5315 of
title 5.
``(l) Reports.--
``(1) Interim reports.--The Committee may submit to the
Administrator and Congress interim reports containing such
findings, conclusions, and recommendations as have been
agreed to by the Committee.
``(2) Annual reports.--Not later than 18 months after the
date of the enactment of this section, and annually
thereafter, the Committee shall submit to the Administrator
and Congress a final report containing such findings,
conclusions, and recommendations as have been agreed to by
the Committee.
``Sec. 3616. Definitions
``(a) In General.--Except as provided under subsection (b),
the definitions under sections 3502 and 3552 apply to
sections 3607 through this section.
``(b) Additional Definitions.--In sections 3607 through
this section:
``(1) Administrator.--The term `Administrator' means the
Administrator of General Services.
``(2) Authorization package.--The term `authorization
package'--
``(A) means the essential information used to determine
whether to authorize the operation of an information system
or the use of a designated set of common controls; and
``(B) at a minimum, includes the information system
security plan, privacy plan, security control assessment,
privacy control assessment, and any relevant plans of action
and milestones.
``(3) Cloud computing.--The term `cloud computing' has the
meaning given that term by the National Institutes of
Standards and Technology in NIST Special Publication 800-145
and any amendatory or superseding document thereto.
``(4) Cloud service provider.--The term `cloud service
provider' means an entity offering cloud computing services
to agencies.
``(5) Director.--The term `Director' means the Director of
the Office of Management and Budget.
``(6) Fedramp.--The term `FedRAMP' means the Federal Risk
and Authorization Management Program established under
section 3607(a).
``(7) Fedramp authorization.--The term `FedRAMP
authorization' means a cloud computing product or service
that has received an agency authorization to operate and has
been approved by the FedRAMP Program Management Office to
meet requirements and guidelines established by the FedRAMP
Program Management Office.
``(8) Fedramp program management office.--The term `FedRAMP
Program Management Office' means the office that administers
FedRAMP established under section 3608.
``(9) Independent assessment organization.--The term
`independent assessment organization' means a third-party
organization accredited by the Program Director of the
FedRAMP Program Management Office to undertake conformity
assessments of cloud service providers.
``(10) Joint authorization board.--The term `Joint
Authorization Board' means the Joint Authorization Board
established under section 3609.''.
(2) Technical and conforming amendment.--The table of
sections for chapter 36 of title 44, United States Code, is
amended by adding at the end the following new items:
``3607. Federal Risk and Authorization Management Program.
``3608. FedRAMP Program Management Office.
``3609. Joint Authorization Board.
[[Page H3415]]
``3610. Independent assessment organizations.
``3611. Roles and responsibilities of agencies.
``3612. Roles and responsibilities of the Office of Management and
Budget.
``3613. Authorization of appropriations for FEDRAMP.
``3614. Reports to Congress.
``3615. Federal Secure Cloud Advisory Committee.
``3616. Definitions.''.
(3) Sunset.--This section and any amendment made by this
section shall be repealed on the date that is 10 years after
the date of the enactment of this section.
(4) Rule of construction.--Nothing in this section or any
amendment made by this section shall be construed as altering
or impairing the authorities of the Director of the Office of
Management and Budget or the Secretary of Homeland Security
under subchapter II of chapter 35 of title 44, United States
Code.
Amendment No. 90 Offered by Mr. Connolly of Virginia
At the end of title XII of division A, add the following:
Subtitle H--Global Health Security Act of 2020
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the ``Global Health Security
Act of 2020''.
SEC. 1282. GLOBAL HEALTH SECURITY AGENDA INTERAGENCY REVIEW
COUNCIL.
(a) Establishment.--The President shall establish a Global
Health Security Agenda Interagency Review Council (in this
section referred to as the ``Council'') to perform the
general responsibilities described in subsection (c) and the
specific roles and responsibilities described in subsection
(e).
(b) Meetings.--The Council shall meet not less than four
times per year to advance its mission and fulfill its
responsibilities.
(c) General Responsibilities.--The Council shall be
responsible for the following activities:
(1) Provide policy-level recommendations to participating
agencies on Global Health Security Agenda (GHSA) goals,
objectives, and implementation.
(2) Facilitate interagency, multi-sectoral engagement to
carry out GHSA implementation.
(3) Provide a forum for raising and working to resolve
interagency disagreements concerning the GHSA.
(4)(A) Review the progress toward and work to resolve
challenges in achieving United States commitments under the
GHSA, including commitments to assist other countries in
achieving the GHSA targets.
(B) The Council shall consider, among other issues, the
following:
(i) The status of United States financial commitments to
the GHSA in the context of commitments by other donors, and
the contributions of partner countries to achieve the GHSA
targets.
(ii) The progress toward the milestones outlined in GHSA
national plans for those countries where the United States
Government has committed to assist in implementing the GHSA
and in annual work-plans outlining agency priorities for
implementing the GHSA.
(iii) The external evaluations of United States and partner
country capabilities to address infectious disease threats,
including the ability to achieve the targets outlined within
the WHO Joint External Evaluation (JEE) tool, as well as gaps
identified by such external evaluations.
(d) Participation.--The Council shall consist of
representatives, serving at the Assistant Secretary level or
higher, from the following agencies:
(1) The Department of State.
(2) The Department of Defense.
(3) The Department of Justice.
(4) The Department of Agriculture.
(5) The Department of Health and Human Services.
(6) The Department of Labor.
(7) The Department of Homeland Security.
(8) The Office of Management and Budget.
(9) The United States Agency for International Development.
(10) The Environmental Protection Agency.
(11) The Centers for Disease Control and Prevention.
(12) The Office of Science and Technology Policy.
(13) The National Institutes of Health.
(14) The National Institute of Allergy and Infectious
Diseases.
(15) Such other agencies as the Council determines to be
appropriate.
(e) Specific Roles and Responsibilities.--
(1) In general.--The heads of agencies described in
subsection (d) shall--
(A) make the GHSA and its implementation a high priority
within their respective agencies, and include GHSA-related
activities within their respective agencies' strategic
planning and budget processes;
(B) designate a senior-level official to be responsible for
the implementation of this subtitle;
(C) designate, in accordance with subsection (d), an
appropriate representative at the Assistant Secretary level
or higher to participate on the Council;
(D) keep the Council apprised of GHSA-related activities
undertaken within their respective agencies;
(E) maintain responsibility for agency-related programmatic
functions in coordination with host governments, country
teams, and GHSA in-country teams, and in conjunction with
other relevant agencies;
(F) coordinate with other agencies that are identified in
this section to satisfy programmatic goals, and further
facilitate coordination of country teams, implementers, and
donors in host countries; and
(G) coordinate across GHSA national plans and with GHSA
partners to which the United States is providing assistance.
(2) Additional roles and responsibilities.--In addition to
the roles and responsibilities described in paragraph (1),
the heads of agencies described in subsection (d) shall carry
out their respective roles and responsibilities described in
subsections (b) through (i) of section 3 of Executive Order
13747 (81 Fed. Reg. 78701; relating to Advancing the Global
Health Security Agenda to Achieve a World Safe and Secure
from Infectious Disease Threats), as in effect on the day
before the date of the enactment of this Act.
SEC. 1283. UNITED STATES COORDINATOR FOR GLOBAL HEALTH
SECURITY.
(a) Sense of Congress.--It is the sense of the Congress
that, given the complex and multisectoral nature of global
health threats to the United States, the President should
consider appointing an individual with significant background
and expertise in public health or emergency response
management to the position of United States Coordinator for
Global Health Security, as required by subsection (b), who is
an employee of the National Security Council at the level of
Deputy Assistant to the President or higher.
(b) In General.--The President shall appoint an individual
to the position of United States Coordinator for Global
Health Security, who shall be responsible for the
coordination of the interagency process for responding to
global health security emergencies. As appropriate, the
designee shall coordinate with the President's Special
Coordinator for International Disaster Assistance.
(c) Congressional Briefing.--Not less frequently than twice
each year, the employee designated under this section shall
provide to the appropriate congressional committees a
briefing on the responsibilities and activities of the
individual under this section.
SEC. 1284. STRATEGY AND REPORTS.
(a) Sense of Congress.--It is the sense of the Congress
that, given the complex and multisectoral nature of global
health threats to the United States, the President, in
providing assistance to implement the strategy required under
subsection (c), should--
(1) coordinate, through a whole-of-government approach, the
efforts of relevant Federal departments and agencies to
implement the strategy;
(2) seek to fully utilize the unique capabilities of each
relevant Federal department and agency while collaborating
with and leveraging the contributions of other key
stakeholders; and
(3) utilize open and streamlined solicitations to allow for
the participation of a wide range of implementing partners
through the most appropriate procurement mechanisms, which
may include grants, contracts, cooperative agreements, and
other instruments as necessary and appropriate.
(b) Statement of Policy.--It is the policy of the United
States to--
(1) promote global health security as a core national
security interest;
(2) advance the aims of the Global Health Security Agenda;
(3) collaborate with other countries to detect and mitigate
outbreaks early to prevent the spread of disease;
(4) encourage other countries to invest in basic resilient
and sustainable health care systems; and
(5) strengthen global health security across the
intersection of human and animal health to prevent infectious
disease outbreaks and combat the growing threat of
antimicrobial resistance.
(c) Strategy.--The United States Coordinator for Global
Health Security (appointed under section 1283(b)) shall
coordinate the development and implementation of a strategy
to implement the policy aims described in subsection (b),
which shall--
(1) set specific and measurable goals, benchmarks,
timetables, performance metrics, and monitoring and
evaluation plans that reflect international best practices
relating to transparency, accountability, and global health
security;
(2) support and be aligned with country-owned global health
security policy and investment plans developed with input
from key stakeholders, as appropriate;
(3) facilitate communication and collaboration, as
appropriate, among local stakeholders in support of a multi-
sectoral approach to global health security;
(4) support the long-term success of programs by building
the capacity of local organizations and institutions in
target countries and communities;
(5) develop community resilience to infectious disease
threats and emergencies;
(6) leverage resources and expertise through partnerships
with the private sector, health organizations, civil society,
nongovernmental organizations, and health research and
academic institutions; and
(7) support collaboration, as appropriate, between United
States universities, and public and private institutions in
target countries and communities to promote health security
and innovation.
(d) Coordination.--The President, acting through the United
States Coordinator for Global Health Security, shall
coordinate,
[[Page H3416]]
through a whole-of-government approach, the efforts of
relevant Federal departments and agencies in the
implementation of the strategy required under subsection (c)
by--
(1) establishing monitoring and evaluation systems,
coherence, and coordination across relevant Federal
departments and agencies; and
(2) establishing platforms for regular consultation and
collaboration with key stakeholders and the appropriate
congressional committees.
(e) Strategy Submission.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the President, in consultation
with the head of each relevant Federal department and agency,
shall submit to the appropriate congressional committees the
strategy required under subsection (c) that provides a
detailed description of how the United States intends to
advance the policy set forth in subsection (b) and the
agency-specific plans described in paragraph (2).
(2) Agency-specific plans.--The strategy required under
subsection (c) shall include specific implementation plans
from each relevant Federal department and agency that
describes--
(A) the anticipated contributions of the department or
agency, including technical, financial, and in-kind
contributions, to implement the strategy; and
(B) the efforts of the department or agency to ensure that
the activities and programs carried out pursuant to the
strategy are designed to achieve maximum impact and long-term
sustainability.
(f) Report.--
(1) In general.--Not later than 1 year after the date on
which the strategy required under subsection (c) is submitted
to the appropriate congressional committees under subsection
(e), and not later than October 1 of each year thereafter,
the President shall submit to the appropriate congressional
committees a report that describes the status of the
implementation of the strategy.
(2) Contents.--The report required under paragraph (1)
shall--
(A) identify any substantial changes made in the strategy
during the preceding calendar year;
(B) describe the progress made in implementing the
strategy;
(C) identify the indicators used to establish benchmarks
and measure results over time, as well as the mechanisms for
reporting such results in an open and transparent manner;
(D) contain a transparent, open, and detailed accounting of
expenditures by relevant Federal departments and agencies to
implement the strategy, including, to the extent practicable,
for each Federal department and agency, the statutory source
of expenditures, amounts expended, partners, targeted
populations, and types of activities supported;
(E) describe how the strategy leverages other United States
global health and development assistance programs;
(F) assess efforts to coordinate United States global
health security programs, activities, and initiatives with
key stakeholders;
(G) incorporate a plan for regularly reviewing and updating
strategies, partnerships, and programs and sharing lessons
learned with a wide range of stakeholders, including key
stakeholders, in an open, transparent manner; and
(H) describe the progress achieved and challenges
concerning the United States Government's ability to advance
the Global Health Security Agenda across priority countries,
including data disaggregated by priority country using
indicators that are consistent on a year-to-year basis and
recommendations to resolve, mitigate, or otherwise address
the challenges identified therein.
(g) Form.--The strategy required under subsection (c) and
the report required under subsection (f) shall be submitted
in unclassified form but may contain a classified annex.
SEC. 1285. COMPLIANCE WITH THE FOREIGN AID TRANSPARENCY AND
ACCOUNTABILITY ACT OF 2016.
Section 2(3) of the Foreign Aid Transparency and
Accountability Act of 2016 (Public Law 114-191; 22 U.S.C.
2394c note) is amended--
(1) in subparagraph (C), by striking ``and'' at the end;
(2) in subparagraph (D), by striking the period at the end
and inserting ``; and''; and
(3) by adding at the end the following:
``(E) the Global Health Security Act of 2020.''.
SEC. 1286. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
(2) Global health security.--The term ``global health
security'' means activities supporting epidemic and pandemic
preparedness and capabilities at the country and global
levels in order to minimize vulnerability to acute public
health events that can endanger the health of populations
across geographical regions and international boundaries.
SEC. 1287. SUNSET.
This subtitle, and the amendments made by this subtitle,
(other than section 1283) shall cease to be effective on
December 31, 2024.
Amendment No. 91 Offered by Mr. Connolly of Virginia
At the end of subtitle D of title V, add the following new
section:
SEC. 5__. AVAILABILITY OF RECORDS FOR NATIONAL INSTANT
CRIMINAL BACKGROUND CHECK SYSTEM.
Section 101(b) of the NICS Improvement Amendments Act of
2007 (34 U.S.C. 40911(b)) is amended--
(1) by redesignating paragraph (2) as paragraph (3); and
(2) by inserting after paragraph (1), the following new
paragraph (2):
``(2) Department of defense.--Not later than three business
days after the final disposition of a judicial proceeding
conducted within the Department of Defense, the Secretary of
Defense shall make available to the Attorney General records
which are relevant to a determination of whether a member of
the Armed Forces involved in such proceeding is disqualified
from possessing or receiving a firearm under subsection (g)
or (n) of section 922 of title 18, United States Code, for
use in background checks performed by the National Instant
Criminal Background Check System.''.
Amendment No. 92 Offered by Mr. Connolly of Virginia
Page 565, line 12, insert ``(at any tier)'' after
``subcontractor''.
Page 565, beginning line 12, insert ``(at any tier)'' after
``subgrantee''.
Page 567, line 15, insert ``(at any tier)'' after
``subcontractor''.
Page 567, beginning line 15, insert ``(at any tier)'' after
``subgrantee''.
Page 568, after line 4, insert the following new
subsection:
(e) Clarification of Whistleblower Protection for
Subcontractors and Subgrantees.--
(1) Department of defense contractors.--Section 2409 of
title 10, United States Code, is amended--
(A) in subsection (a)(2)(G), by striking ``or
subcontractor'' and inserting ``subcontractor, grantee, or
subgrantee'';
(B) in subsection (b)(1), by striking ``to the person'' and
all that follows through the period at the end and inserting
``to--
``(A) the person;
``(B) the contractor, subcontractor, grantee, or subgrantee
concerned; and
``(C) the head of the agency.'';
(C) in subsection (c)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by striking
``contractor'' and inserting ``contractor, subcontractor,
grantee, or subgrantee''; and
(II) in subparagraphs (A), (B), and (C), by striking
``contractor'' and inserting ``contractor, subcontractor,
grantee, or subgrantee concerned''; and
(ii) in paragraph (2), by striking ``contractor'' and
inserting ``contractor, subcontractor, grantee, or subgrantee
(as applicable)'';
(D) in subsection (d), by striking ``and subcontractors''
and inserting ``subcontractors, grantees, and subgrantees'';
and
(E) in subsection (g), by adding at the end the following
new paragraphs:
``(8) The term `subgrantee' includes a subgrantee at any
tier.
``(9) The term `subcontractor' includes a subcontractor at
any tier.''.
(2) Other government contractors.--Section 4712 of title
41, United States Code, is amended--
(A) in subsection (a)(2)(G), by striking ``or grantee'' and
inserting ``grantee, or subgrantee'';
(B) in subsection (b)(1), by striking ``to the person'' and
all that follows through the period at the end and inserting
``to--
``(A) the person;
``(B) the contractor, subcontractor, grantee, or subgrantee
concerned; and
``(C) the head of the agency.'';
(C) in subsection (c)--
(i) in paragraph (1)--
(I) in the matter preceding subparagraph (A), by striking
``contractor or grantee'' and inserting ``contractor,
subcontractor, grantee, or subgrantee''; and
(II) in subparagraphs (A), (B), and (C), by striking
``contractor or grantee'' and inserting ``contractor,
subcontractor, grantee, or subgrantee concerned''; and
(ii) in paragraph (2), by striking ``contractor or
grantee'' and inserting ``contractor, subcontractor, grantee,
or subgrantee (as applicable)'';
(D) in subsection (d), by striking ``and grantees'' and
inserting ``grantees, and subgrantees''; and
(E) in subsection (g), by adding at the end the following
new paragraphs:
``(3) The term `subgrantee' includes a subgrantee at any
tier.
``(4) The term `subcontractor' includes a subcontractor at
any tier.''.
Amendment No. 93 Offered by Mr. Connolly of Virginia
At the end of subtitle A of title XI, add the following:
SEC. 1111. TELEWORK TRAVEL EXPENSES PROGRAM OF THE UNITED
STATES PATENT AND TRADEMARK OFFICE.
(a) In General.--Section 5711 of title 5, United States
Code, is amended--
(1) in the section heading, by striking ``test'';
(2) in subsection (f)--
[[Page H3417]]
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A), by striking
``committee'' and inserting ``committees''; and
(ii) in subparagraph (B), by striking ``Government'';
(B) in paragraph (2)--
(i) by striking ``test''; and
(ii) by striking ``section, including the provision of
reports in accordance with subsection (d)(1)'' and inserting
``subsection'';
(C) in paragraph (4)(B), in the matter preceding clause
(i), by inserting ``and maintain'' after ``develop''; and
(D) in paragraph (5)--
(i) in subparagraph (A), by striking ``test''; and
(ii) by striking subparagraph (B) and inserting the
following:
``(B) The Director of the Patent and Trademark Office shall
prepare and submit to the appropriate committees of Congress
an annual report on the operation of the program under this
subsection, which shall include--
``(i) the costs and benefits of the program; and
``(ii) an analysis of the effectiveness of the program, as
determined under criteria developed by the Director.''; and
(3) in subsection (g), by striking ``this section'' and
inserting ``subsection (b)''.
(b) Technical and Conforming Amendments.--The table of
sections for subchapter I of chapter 57 of title 5, United
States Code, is amended by striking the item relating to
section 5711 and inserting the following:
``5711. Authority for telework travel expenses programs.''.
Amendment No. 94 Offered by Mr. Cooper of Tennessee
At the end of subtitle E of title XVII, insert the
following:
SEC. 17__. TAXPAYERS RIGHT-TO-KNOW ACT.
(a) Short Title.--This section may be cited as the
``Taxpayers Right-To-Know Act''.
(b) Inventory of Government Programs.--Section 1122(a) of
title 31, United States Code, is amended--
(1) by redesignating paragraphs (1) and (2) as paragraphs
(2) and (3), respectively;
(2) by inserting before paragraph (2), as so redesignated,
the following:
``(1) Definitions.--For purposes of this subsection--
``(A) the term `Federal financial assistance' has the
meaning given that term under section 7501;
``(B) the term `open Government data asset' has the meaning
given that term under section 3502 of title 44;
``(C) the term `program' means a single program activity or
an organized set of aggregated, disaggregated, or
consolidated program activities by one or more agencies
directed toward a common purpose or goal; and
``(D) the term `program activity' has the meaning given
that term in section 1115(h).'';
(3) in paragraph (2), as so redesignated--
(A) by striking ``In general.--Not later than October 1,
2012, the Office of Management and Budget shall'' and
inserting ``Website and program inventory.--The Director of
the Office of Management and Budget shall'';
(B) in subparagraph (A), by inserting ``that includes the
information required under subsections (b) and (c)'' after
``a single website''; and
(C) by striking subparagraphs (B) and (C) and inserting the
following:
``(B) include on the website described in subparagraph (A),
or another appropriate Federal Government website where
related information is made available, as determined by the
Director--
``(i) a program inventory that shall identify each program;
and
``(ii) for each program identified in the program
inventory, the information required under paragraph (3);
``(C) make the information in the program inventory
required under subparagraph (B) available as an open
Government data asset; and
``(D) at a minimum--
``(i) update the information required to be included on the
single website under subparagraph (A) on a quarterly basis;
and
``(ii) update the program inventory required under
subparagraph (B) on an annual basis.'';
(4) in paragraph (3), as so redesignated--
(A) in the matter preceding subparagraph (A), by striking
``described under paragraph (1) shall include'' and inserting
``identified in the program inventory required under
paragraph (2)(B) shall include'';
(B) in subparagraph (B), by striking ``and'' at the end;
(C) in subparagraph (C), by striking the period at the end
and inserting ``and,''; and
(D) by adding at the end the following:
``(D) for each program activity that is part of a program--
``(i) a description of the purposes of the program activity
and the contribution of the program activity to the mission
and goals of the agency;
``(ii) a consolidated view for the current fiscal year and
each of the 2 fiscal years before the current fiscal year
of--
``(I) the amount appropriated;
``(II) the amount obligated; and
``(III) the amount outlayed;
``(iii) to the extent practicable and permitted by law,
links to any related evaluation, assessment, or program
performance review by the agency, an inspector general, or
the Government Accountability Office (including program
performance reports required under section 1116), and other
related evidence assembled in response to implementation of
the Foundations for Evidence-Based Policymaking Act of 2018
(Public Law 115-435; 132 Stat. 5529);
``(iv) an identification of the statutes that authorize the
program activity or the authority under which the program
activity was created or operates;
``(v) an identification of any major regulations specific
to the program activity;
``(vi) any other information that the Director of the
Office of Management and Budget determines relevant relating
to program activity data in priority areas most relevant to
Congress or the public to increase transparency and
accountability; and
``(vii) for each assistance listing under which Federal
financial assistance is provided, for the current fiscal year
and each of the 2 fiscal years before the current fiscal year
and consistent with existing law relating to the protection
of personally identifiable information--
``(I) a linkage to the relevant program activities that
fund Federal financial assistance by assistance listing;
``(II) information on the population intended to be served
by the assistance listing based on the language of the
solicitation, as required under section 6102;
``(III) to the extent practicable and based on data
reported to the agency providing the Federal financial
assistance, the results of the Federal financial assistance
awards provided by the assistance listing;
``(IV) to the extent practicable, the percentage of the
amount appropriated for the assistance listing that is used
for management and administration;
``(V) the identification of each award of Federal financial
assistance and, to the extent practicable, the name of each
direct or indirect recipient of the award; and
``(VI) any information relating to the award of Federal
financial assistance that is required to be included on the
website established under section 2(b) of the Federal Funding
Accountability and Transparency Act of 2006 (31 U.S.C. 6101
note).''; and
(5) by adding at the end the following:
``(4) Archiving.--The Director of the Office of Management
and Budget shall--
``(A) archive and preserve the information included in the
program inventory required under paragraph (2)(B) after the
end of the period during which such information is made
available under paragraph (3); and
``(B) make information archived in accordance with
subparagraph (A) publicly available as an open Government
data asset.''.
(c) Guidance, Implementation, Reporting, and Review.--
(1) Definitions.--In this subsection--
(A) the term ``appropriate congressional committees'' means
the Committee on Oversight and Reform of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate;
(B) the term ``Director'' means the Director of the Office
of Management and Budget;
(C) the term ``program'' has the meaning given that term in
section 1122(a)(1) of title 31, United States Code, as
amended by subsection (b) of this section;
(D) the term ``program activity'' has the meaning given
that term in section 1115(h) of title 31, United States Code;
and
(E) the term ``Secretary'' means the Secretary of the
Treasury.
(2) Plan for implementation and reconciling program
definitions.--Not later than 180 days after the date of
enactment of this Act, the Director, in consultation with the
Secretary, shall submit to the appropriate congressional
committees a report that--
(A) includes a plan that--
(i) discusses how making available on a website the
information required under subsection (a) of section 1122 of
title 31, United States Code, as amended by subsection (b),
will leverage existing data sources while avoiding
duplicative or overlapping information in presenting
information relating to program activities and programs;
(ii) indicates how any gaps in data will be assessed and
addressed;
(iii) indicates how the Director will display such data;
and
(iv) discusses how the Director will expand the information
collected with respect to program activities to incorporate
the information required under the amendments made by
subsection (b);
(B) sets forth details regarding a pilot program, developed
in accordance with best practices for effective pilot
programs--
(i) to develop and implement a functional program inventory
that could be limited in scope; and
(ii) under which the information required under the
amendments made by subsection (b) with respect to program
activities shall be made available on the website required
under section 1122(a) of title 31, United States Code;
(C) establishes an implementation timeline for--
(i) gathering and building program activity information;
(ii) developing and implementing the pilot program;
(iii) seeking and responding to stakeholder comments;
(iv) developing and presenting findings from the pilot
program to the appropriate congressional committees;
[[Page H3418]]
(v) notifying the appropriate congressional committees
regarding how program activities will be aggregated,
disaggregated, or consolidated as part of identifying
programs; and
(vi) implementing a Governmentwide program inventory
through an iterative approach; and
(D) includes recommendations, if any, to reconcile the
conflicting definitions of the term ``program'' in relevant
Federal statutes, as it relates to the purpose of this
section.
(3) Implementation.--
(A) In general.--Not later than 3 years after the date of
enactment of this Act, the Director shall make available
online all information required under the amendments made by
subsection (b) with respect to all programs.
(B) Extensions.--The Director may, based on an analysis of
the costs of implementation, and after submitting to the
appropriate congressional committees a notification of the
action by the Director, extend the deadline for
implementation under subparagraph (A) by not more than a
total of 1 year.
(4) Reporting.--Not later than 2 years after the date on
which the Director makes available online all information
required under the amendments made by subsection (b) with
respect to all programs, the Comptroller General of the
United States shall submit to the appropriate congressional
committees a report regarding the implementation of this
section and the amendments made by this section, which
shall--
(A) review how the Director and agencies determined how to
aggregate, disaggregate, or consolidate program activities to
provide the most useful information for an inventory of
Government programs;
(B) evaluate the extent to which the program inventory
required under section 1122 of title 31, United States Code,
as amended by this section, provides useful information for
transparency, decision-making, and oversight;
(C) evaluate the extent to which the program inventory
provides a coherent picture of the scope of Federal
investments in particular areas; and
(D) include the recommendations of the Comptroller General,
if any, for improving implementation of this section and the
amendments made by this section.
(d) Technical and Conforming Amendments.--
(1) In general.--Section 1122 of title 31, United States
Code, is amended--
(A) in subsection (b), in the matter preceding paragraph
(1), by inserting ``described in subsection (a)(2)(A)'' after
``the website'' each place it appears;
(B) in subsection (c), in the matter preceding paragraph
(1), by inserting ``described in subsection (a)(2)(A)'' after
``the website''; and
(C) in subsection (d)--
(i) in the subsection heading, by striking ``on Website'';
and
(ii) in the first sentence, by striking ``on the website''.
(2) Other amendments.--
(A) Section 1115(a) of title 31, United States Code, is
amended in the matter preceding paragraph (1) by striking
``the website provided under'' and inserting ``a website
described in''.
(B) Section 10 of the GPRA Modernization Act of 2010 (31
U.S.C. 1115 note) is amended--
(i) in subsection (a)(3), by striking ``the website
described under'' and inserting ``a website described in'';
and
(ii) in subsection (b)--
(I) in paragraph (1), by striking ``the website described
under'' and inserting ``a website described in''; and
(II) in paragraph (3), by striking ``the website as
required under'' and inserting ``a website described in''.
(C) Section 1120(a)(5) of title 31, United States Code, is
amended by striking ``the website described under'' and
inserting ``a website described in''.
(D) Section 1126(b)(2)(E) of title 31, United States Code,
is amended by striking ``the website of the Office of
Management and Budget pursuant to'' and inserting ``a website
described in''.
(E) Section 3512(a)(1) of title 31, United States Code, is
amended by striking ``the website described under'' and
inserting ``a website described in''.
amendment no. 95 Offered by Mr. Correa of California
At the end of subtitle B of title V, add the following new
section:
SEC. 5__. STUDY AND REPORT ON ROTC RECRUITMENT.
(a) Study.--The Secretary of Defense shall conduct a study
that assesses--
(1) the efforts of the Department of Defense to recruit
individuals to serve in the Junior Reserve Officers' Training
Corps and the Senior Reserve Officers' Training Corps over
the period of 10 years preceding the date of the study;
(2) whether members of the Armed Forces who served in the
Junior Reserve Officers' Training Corps are more or less
likely than members who served in the Senior Reserve
Officers' Training Corps to achieve or receive
recommendations for higher ranks;
(3) whether there is a correlation between race or
ethnicity and the rank ultimately achieved by such members;
and
(4) the feasibility of establishing a program to create a
pathway for minorities into higher ranks within the military.
(b) Report.--Not later than December 31, 2022, the
Secretary of Defense shall submit to the congressional
defense committee a report on the results of the study
conducted under subsection (a).
Amendment no. 96 Offered by Mr. Correa of California
At the end of subtitle F of title V, insert the following:
SEC. 5__. STUDY REGARDING VA PARTICIPATION IN TAP.
Not later than December 31, 2022, the Secretaries of
Defense and Veterans Affairs shall submit to the
congressional defense committees and the Committees on
Veterans' Affairs of the Senate and House of Representatives
a report on the results of a study on the feasibility of
having representatives of the Department of Veterans Affairs
present during counseling sessions under sections 1142 of
title 10, United States Code, to set up premium eBenefits
accounts of the Department of Veterans Affairs for members of
the Armed Forces participating in the Transition Assistance
Program.
Amendment No. 97 Offered by Mr. Cox of California
At the end of subtitle A of title XVII, insert the
following:
SEC. 17__. DEPARTMENT OF VETERANS AFFAIRS REPORT ON UNCLAIMED
PROPERTY.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of Veterans
Affairs shall submit to Congress a report on the unclaimed
property in the possession of the Department of Veterans
Affairs.
(b) Review of Report.--The Comptroller General of the
United States shall conduct a review of the report submitted
under subsection (a).
(c) Unclaimed Property Defined.--The term ``unclaimed
property'' includes any intangible personal property,
including money, liquidated obligations, choses in action,
accounts, entrusted funds, deposits, evidences of debt or
instruments held by any Federal agency, officer or employee
thereof (except bonuses, gratuities, and sums held by the
Social Security Administration), which has remained unclaimed
by the owner.
amendment no. 98 Offered by Mr. Cox of California
At the appropriate place in title V of the bill, insert the
following:
SEC. 5__. REPORT REGARDING TRANSPORTATION OF REMAINS OF
CERTAIN DECEDENTS BY THE SECRETARY OF A
MILITARY DEPARTMENT.
(a) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Secretary of Defense
shall submit a report to Congress regarding the
transportation of the remains of decedents under the
jurisdiction of the Secretary of a military department
pursuant to section 1481 of title 10, United States Code.
(b) Elements.--The report under this section shall include
the following:
(1) Whether the Secretary of Defense maintains of a list or
database of airports that accept remains of decedents.
(2) How information in the list or database described in
paragraph (1) is transmitted to casualty assistance call
officers.
(3) Regulations and guidance prescribed by the Secretary of
Defense or Secretaries of the military departments regarding
transportation of the remains of decedents.
(4) Any changes made during 2020 to regulations or guidance
described in paragraph (3) by the Secretary of the Navy.
(5) Recommendations of the Secretary of Defense to improve
regulations or guidance described in paragraph (3).
amendment no. 99 Offered by Mr. Cox of California
At the appropriate place in title VII, insert the following
new section:
SEC. 7__. REPORT ON COST OF EXTENDING TRICARE COVERAGE TO
INDIVIDUALS PARTICIPATING IN HEALTH PROFESSIONS
SCHOLARSHIP AND FINANCIAL ASSISTANCE PROGRAM.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report containing an
analysis of the cost of providing coverage and health care
benefits under the TRICARE program to each individual
currently participating in a health professions scholarship
and financial assistance program established pursuant to
section 2121 of title 10, United States Code.
Amendment No. 100 Offered by Mrs. Craig of Minnesota
At the end of subtitle A of title III, insert the
following:
SEC. 3__. FUNDING FOR ARMY COMMUNITY SERVICES.
(a) Increase.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance for
Army base operations support, line 100, as specified in the
corresponding funding table in section 4301, for Army
Community Services is hereby increased by $30,000,000.
(b) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D, the amount authorized to be
appropriated in section 301 for operation and maintenance,
for Army Force Readiness Operations Support, line 070, as
specified in the corresponding funding table in section 4301,
is hereby reduced by $15,000,000.
(c) Offset.--Notwithstanding the amounts set forth in the
funding tables in division D,
[[Page H3419]]
the amount authorized to be appropriated in section 301 for
operation and maintenance, for Army Land Forces Operations
Support, as specified in the corresponding funding table in
section 4301, line 050, is hereby reduced by $15,000,000.
amendment no. 101 Offered by Mr. Crawford of Arkansas
At the end of subtitle J of title V, add the following new
section:
SEC. 596. POSTPONEMENT OF CONDITIONAL DESIGNATION OF
EXPLOSIVE ORDNANCE DISPOSAL CORPS AS A BASIC
BRANCH OF THE ARMY.
Section 582(b) of the National Defense Authorization Act
for Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 763 note)
is amended--
(1) in paragraph (1), by striking ``October 1, 2020'' and
inserting ``October 1, 2025''; and
(2) in paragraph (2)--
(A) in the matter preceding subparagraph (A), by striking
``September 30, 2020'' and inserting ``September 30, 2025'';
(B) in subparagraph (B), by inserting ``, the explosive
ordnance disposal commandant (chief of explosive ordnance
disposal),'' before ``qualified''; and
(C) by adding at the end the following new subparagraph:
``(G) The explosive ordnance disposal commandant (chief of
explosive ordnance disposal) has ensured that explosive
ordnance disposal soldiers have the mobility skills necessary
to support special operations forces (as identified in
section 167(j) of title 10, United States Code). Such skills
include airborne, air assault, combat diver, fast roping
insertion and extraction, helocasting, military free-fall,
and off-road driving.''.
amendment no. 102 Offered by Mr. Crawford of Arkansas
At the appropriate place in title X, insert the following:
SEC. 10__. INCLUSION OF EXPLOSIVE ORDNANCE DISPOSAL IN
SPECIAL OPERATIONS ACTIVITIES.
Section 167(k) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (10) as paragraph (11); and
(2) by inserting after paragraph (9) the following new
paragraph (10):
``(10) Explosive ordnance disposal.''.
amendment no. 103 Offered by Mr. Crawford of Arkansas
Page 261, line 11, strike ``and acquisition'' and insert
``acquisition, and sustainment''.
Page 261, line 16, strike ``and''.
Page 261, line 20, insert ``and'' after the semicolon.
Page 261, after line 20, insert the following:
``(E) the Assistant Secretary of Defense for Nuclear,
Chemical, and Biological Defense programs on explosive
ordnance disposal for combating weapons of mass
destruction;''.
amendment no. 104 Offered by Mr. Crawford of Arkansas
Page 1014, line 12, after the period insert the following:
``In carrying out the study, the federally funded research
and development corporation shall solicit input from relevant
nonprofit organizations, such as the National Defense
Industrial Association EOD Committee, United States Army EOD
Association, United States Bomb Technician Association and
the EOD Warrior Foundation.''
amendment no. 105 Offered by Mr. Crenshaw of Texas
At the end of subtitle C of title IX, add the following new
section:
SEC. 9__. RANK AND GRADE STRUCTURE OF THE UNITED STATES SPACE
FORCE.
The Space Force shall use a system of ranks and grades that
is identical to the system of ranks and grades used by the
Navy.
amendment no. 106 Offered by Mr. Crist of Florida
At the end of subtitle A of title XVI, add the following
new section:
SEC. 16__. REPORT ON EFFECT OF COVID-19 ON SPACE INDUSTRIAL
BASE AND SPACE PROGRAMS OF DEPARTMENT OF
DEFENSE.
Not later than 120 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the current and
projected effects of COVID-19 on the space industrial base
and the space programs of Department of Defense. The report
shall include an assessment of each of the following:
(1) COVID-19 related and associated impacts to cost,
timeline, and performance to the space industrial base and
the space programs of Department, including with respect to--
(A) procurement and acquisition;
(B) research, development, test, and evaluation;
(D) partnerships with non-Federal governmental entities,
such as universities and not-for-profit organizations; and
(E) labor force disruptions;
(2) Regional and sector-specific disruptions and concerns.
(3) Current mitigation strategies by both the Federal
Government and industry.
(4) Any supplemental disaster appropriations requirements
to mitigate impacts to such programs.
(5) Recommendations to address risks and threats to the
Federal Government and industry relating to such impacts.
amendment no. 107 Offered by Mr. Crist of Florida
At the end of subtitle D of title VII, add the following
new section:
SEC. 7__. REPORT ON HEALTH CARE RECORDS OF DEPENDENTS WHO
LATER SEEK TO SERVE AS A MEMBER OF THE ARMED
FORCES.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report on the use by the
military departments of health care records of individuals
who are dependents or former dependents of members of the
Armed Forces with respect to that individual later serving or
seeking to serve as a member of the Armed Forces. The report
shall include the following:
(1) A description of the policy of the Department of
Defense and each military department with respect to
combining the juvenile medical records of such an individual
with the military medical records of that individual who
serves as a member of the Armed Forces.
(2) The total number of cases where such juvenile medical
records were so combined with the military medical records of
the individual.
(3) The total number of cases where an individual was
either discharged, or was prevented from joining the Armed
Forces, because of the juvenile medical records of the
individual from when the individual was a dependent of a
member of the Armed Forces.
(4) The total number of cases where an individual was
granted a waiver preventing a discharge or being denied from
joining the Armed Forces as described in paragraph (3).
(5) Any actions the Secretary of Defense or a Secretary of
a military department has taken or plans to take to prevent a
discharge or being denied from joining the Armed Forces as
described in paragraph (3).
amendment no. 108 offered by Mr. Crist of Florida
At the end of subtitle F of title V, insert the following:
SEC. 5__. GAO STUDY REGARDING TRANSFERABILITY OF MILITARY
CERTIFICATIONS TO CIVILIAN OCCUPATIONAL
LICENSES AND CERTIFICATIONS.
(a) Study; Report.--Not later than one year after the date
of the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report containing
the results of a study regarding the transferability of
military certifications to civilian occupational licenses and
certifications.
(b) Elements.--The report under this section shall include
the following:
(1) Obstacles to transference of military certifications.
(2) Any effects of the transferability of military
certifications on recruitment and retention.
(3) Examples of certifications obtained from the Federal
Government that transfer to non-Federal employment.
amendment no. 109 Offered by Mr. Crow of Colorado
Page 1088, beginning line 25, strike ``the People's'' and
all that follows through ``Federation'' and insert ``China,
Russia, Iran, and North Korea''.
Page 1089, line 15, strike ``with the'' and insert ``with
the Director of National Intelligence and the''.
Page 1090, line 14, strike ``China and Russia'' and insert
``China, Russia, Iran, and North Korea''.
Page 1090, line 16, strike ``China and Russia'' and insert
``China, Russia, Iran, and North Korea''.
Page 1091, strike lines 5 through 10 and insert the
following:
(E) the Permanent Select Committee on Intelligence of the
House of Representatives;
(F) the Committee on Armed Services of the Senate;
(G) the Committee on Foreign Relations of the Senate;
(H) the Committee on Commerce, Science, and Transportation
of the Senate; and
(I) the Select Committee on Intelligence of the Senate.
amendment no. 110 Offered by Mr. Crow of Colorado
At the end of subtitle E of title III, insert the
following:
SEC. 3__. CLARIFICATION OF NATIONAL BIODEFENSE STRATEGY.
(a) In General.--The Secretary of Health and Human
Services, in cooperation with the Biodefense Steering
Committee, shall clarify the national biodefense strategy and
associated implementation plan developed under section 1086
of the National Defense Authorization Act for Fiscal Year
2017 (6 U.S.C. 104) to clearly document agreed-upon
processes, roles, and responsibilities for making and
enforcing enterprise-wide decisions.
(b) Specific Clarifications.--In carrying out subsection
(a), the Secretary of Health and Human Services shall work
with the head of each agency participating in the Biodefense
Steering Committee, including the Administrator of the
Federal Emergency Management Agency, to--
(1) enter into a memorandum of understanding, or take such
other action as is necessary, to describe the roles and
responsibilities of the Federal departments and agencies,
including internal and external coordination procedures, in
identifying and sharing information, as described in section
1086(b)(4) of the National Defense Authorization Act for
Fiscal Year 2017 (6 U.S.C. 104(b)(4));
[[Page H3420]]
(2) clarify roles, responsibilities, and processes for
decisionmaking that involves shifting resources across agency
boundaries to more effectively or efficiently address
enterprise-wide risk;
(3) prepare an inventory and assessment of all existing
strategies, plans, policies, laws, and interagency agreements
with respect to biodefense;
(4) establish a resource plan to staff, support, and
sustain the efforts of the Biodefense Coordination Team;
(5) clearly document guidance and methods for analyzing the
data collected from agencies to include non-Federal resources
and capabilities; and
(6) not later than 90 days after the date of enactment of
this Act, report to the appropriate congressional committees
on possible implementation strategies, that will effectively
and efficiently enhance information-sharing activities on
biosurveillance data integration as identified in the
national biodefense strategy and associated implementation
plan described in subsection (a).
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means the following:
(1) The Committees on Armed Services of the House of
Representatives and the Senate.
(2) The Committees on Appropriations of the House of
Representatives and the Senate.
(3) The Committee on Energy and Commerce of the House of
Representatives and the Committee on Health, Education,
Labor, and Pensions of the Senate.
(4) The Committee on Homeland Security of the House of
Representatives and the Committee on Homeland Security and
Governmental Affairs of the Senate.
(5) The Committee on Agriculture of the House of
Representatives and the Committee on Agriculture, Nutrition,
and Forestry of the Senate.
SEC. 3__. REPORT ON BIODEFENSE.
Not later than 180 days after the date of the enactment of
this Act, the Secretary of Defense shall submit to the
congressional defense committees a report that includes--
(1) a description of the roles and responsibilities of
Department of Defense entities with responsibility for
biodefense or pandemic preparedness and response, including
logistical support;
(2) an updated Department of Defense implementation plan
for biodefense and pandemic response operations that includes
a separation of activities conducted under title 10, United
States Code, and activities conducted under title 32, United
States Code; and
(3) recommendations for solving gaps in authorities or
organizational structures that have inhibited COVID-19
response efforts.
amendment no. 111 Offered by Mr. Cuellar of Texas
At the end of subtitle F of title V, insert the following:
SEC. 5__. TRANSITION OUTREACH.
The Secretary of Defense, in coordination with the
Secretaries of Veterans Affairs and Labor, shall encourage
contact between members of the Armed Forces participating in
the Transition Assistance Program under sections 1142 and
1144 of title 10, United States Code, and local communities,
to promote employment opportunities for such members. Such
contact shall include, to the extent practicable, public-
private partnerships.
amendment no. 112 Offered by Mr. Cunningham of South Carolina
At the end of subtitle B of title V, add the following:
SEC. 5__. TRANSITIONAL HEALTH BENEFITS FOR CERTAIN MEMBERS OF
THE NATIONAL GUARD SERVING UNDER ORDERS IN
RESPONSE TO THE CORONAVIRUS (COVID-19).
(a) In General.--The Secretary of Defense shall provide to
a member of the National Guard separating from active service
after serving on full-time National Guard duty pursuant to
section 502(f) of title 32, United States Code, the health
benefits authorized under section 1145 of title 10, United
States Code, for a member of a reserve component separating
from active duty, as referred to in subsection (a)(2)(B) of
such section 1145, if the active service from which the
member of the National Guard is separating was in support of
the whole of government response to the coronavirus (COVID-
19).
(b) Definitions.--In this section, the terms ``active
duty'', ``active service'', and ``full-time National Guard
duty'' have the meanings given those terms in section 101(d)
of title 10, United States Code.
amendment no. 113 Offered by Mr. Curtis of Utah
At the end of subtitle G of title XII, add the following:
SEC. _. AMENDMENTS TO ANNUAL COUNTRY REPORTS ON HUMAN RIGHTS
PRACTICES.
The Foreign Assistance Act of 1961 is amended as follows:
(1) In section 116 (22 U.S.C. 2151n), by adding at the end
the following:
``(h) Status of Excessive Surveillance and Use of Advanced
Technology.--
``(1) In general.--The report required by subsection (d)
shall include, wherever applicable, a description of the
status of surveillance and use of advanced technology to
impose arbitrary or unlawful interference with privacy, or
unlawful or unnecessary restrictions on freedoms of
expression, peaceful assembly, association, or other
internationally recognized human rights in each country,
including--
``(A) whether the government of such country has adopted
and is enforcing laws, regulations, policies, or practices
relating to--
``(i) government surveillance or censorship, including
through facial recognition, biometric data collection,
internet and social media controls, sensors, spyware data
analytics, non-cooperative location tracking, recording
devices, or other similar advanced technologies, and any
allegations or reports that this surveillance or censorship
was unreasonable;
``(ii) searches or seizures of individual or private
institution data without independent judicial authorization
or oversight; and
``(iii) surveillance of any group based on political views,
religious beliefs, ethnicity, or other protected category, in
violation of equal protection rights;
``(B) whether such country has imported or unlawfully
obtained biometric or facial recognition data from other
countries or entities and, if applicable, from whom; and
``(C) whether the government agency end-user has targeted
individuals, including through the use of technology, in
retaliation for the exercise of their human rights or on
discriminatory grounds prohibited by international law,
including targeting journalists or members of minority
groups.
``(2) Definition.--In this subsection, the term `internet
and social media controls' means the arbitrary or unlawful
imposition of restrictions, by state or service providers, on
internet and digital information and communication, such as
through the blocking or filtering of websites, social media
platforms, and communication applications, the deletion of
content and social media posts, or the penalization of online
speech, in a manner that violates rights to free expression
or assembly.''.
(2) In section 502B(b) (22 U.S.C. 2304(b))--
(A) by redesignating the second subsection (i) (as added by
section 1207(b)(2) of Public Law 113-4) as subsection (j);
and
(B) by adding at the end the following:
``(k) Status of Excessive Surveillance and Use of Advanced
Technology.--The report required under subsection (b) shall
include, wherever applicable, a description of the status of
excessive surveillance and use of advanced technology to
restrict human rights, including the descriptions of such
policies or practices required under section 116(h).''.
amendment no. 114 Offered by Mr. Rodney Davis of Illinois
At the end of subtitle E of title XVII, add the following
new section:
SEC. 17__. BUILDING UNITED STATES CAPACITY FOR VERIFICATION
AND MANUFACTURING OF ADVANCED MICROELECTRONICS.
(a) In General.--The Secretary of Commerce, acting through
the Director of the National Institute of Standards and
Technology, shall carry out research and development to
enable advances and breakthroughs in measurement science,
standards, material characterization, instrumentation,
testing, and manufacturing capabilities that will accelerate
the underlying research and development for design,
development, and manufacturability of next generation
microelectronics and ensure the competitiveness and
leadership of the United States within the microlectronics
sector.
(b) Elements.--The activities under subsection (a) shall
include research and development in the following areas:
(1) Advanced metrology and characterization for
manufacturing of microchips using 3 nanometer transistor
processes or more advanced processes.
(2) Metrology for security and supply chain verification,
including pre-silicon security verification of the design for
logical and physical vulnerabilities beyond current
functional analysis.
amendment no. 115 Offered by mrs. susan davis of california
Add at the end of subtitle D of title XVI the following new
section:
SEC. 1644. LIMITATION ON AVAILABILITY OF FUNDS RELATING TO
UPDATES ON MEETINGS HELD BY NUCLEAR WEAPONS
COUNCIL.
Section 179(g) of title 10, United States Code, is amended
to read as follows:
``(g) Semiannual Updates on Council Meetings.--(1) Not
later than February 1 and August 1 of each year, the Council
shall provide to the congressional defense committees a
semiannual update including, with respect to the six-month
period preceding the update--
``(A) the dates on which the Council met; and
``(B) except as provided by paragraph (2), a summary of any
decisions made by the Council pursuant to subsection (d) at
each such meeting and the rationale for and options that
informed such decisions.
``(2) The Council shall not be required to include in a
semiannual update under paragraph (1) the matters described
in subparagraph (B) of that paragraph with respect to
decisions of the Council relating to the budget of the
President for a fiscal year if the budget for that fiscal
year has not been submitted to Congress under section 1105 of
title 31 as of the date of the semiannual update.
``(3) The Council may provide a semiannual update under
paragraph (1) either in the form of a briefing or a written
report.
``(4)(A) If by February 1 of any year the Council has not
provided the semiannual update under paragraph (1) required
by that
[[Page H3421]]
date, not more than 50 percent of the funds authorized to be
appropriated for that year for the Office of the Under
Secretary of Defense for Acquisition and Sustainment may be
obligated or expended until the date on which such semiannual
update has been provided.
``(B) If by August 1 of any year the Council has not
provided the semiannual update under paragraph (1) required
by that date, not more than 90 percent of the funds
authorized to be appropriated for that year for the Office of
the Under Secretary of Defense for Acquisition and
Sustainment may be obligated or expended until the date on
which such semiannual update has been provided.''.
Amendment no. 116 Offered by Mr. DeFazio of Oregon
At the end of subtitle A of title XXXV, add the following:
SEC. __. MARITIME TRANSPORTATION SYSTEM EMERGENCY RELIEF
PROGRAM.
(a) In General.--Chapter 503 of title 46, United States
Code, is amended by adding at the end the following:
``Sec. 50308. Maritime transportation system emergency relief
program
``(a) Definitions.--In this section the following
definitions shall apply:
``(1) Eligible state entity.--The term `eligible State
entity' means a port authority, or a State-owned or -operated
vessel and facilities associated with the operation of such
vessel, in any State.
``(2) Eligible entity.--The term `eligible entity' means a
public or private entity that is created or organized in the
United States or under the laws of the United States, with
significant operations in and a majority of its employees
based in the United States, that is engaged in--
``(A) vessel construction, transportation by water, or
support activities for transportation by water with an
assigned North American Industry Classification System code
beginning with 3366, 483, or 4883; or
``(B) as determined by the Secretary of Transportation--
``(i) construction related to activities described in
subparagraph (A); or
``(ii) maritime education and training.
``(3) Eligible operating costs.--The term `eligible
operating costs' means costs relating to--
``(A) emergency response;
``(B) cleaning;
``(C) sanitization;
``(D) janitorial services;
``(E) staffing;
``(F) workforce retention;
``(G) paid leave;
``(H) procurement and use of protective health equipment,
testing, and training for employees and contractors;
``(I) debt service payments;
``(J) infrastructure repair projects; and
``(K) other maritime transportation system operations;
``(4) Emergency.--The term `emergency' means a natural
disaster affecting a wide area (such as a flood, hurricane,
tidal wave, earthquake, severe storm, or landslide) or a
catastrophic failure from any external cause, that impacts
the United States maritime transportation system and as a
result of which--
``(A) the Governor of a State has declared an emergency and
the Maritime Administrator, in consultation with the
Administrator of the Federal Emergency Management
Administration, has concurred in the declaration;
``(B) the President has declared a major disaster under
section 401 of the Robert T. Stafford Disaster Relief and
Emergency Assistance Act (42 U.S.C. 5170);
``(C) national emergency declared by the President under
the National Emergencies Act (50 U.S.C. 1601 et seq.) is in
effect; or
``(D) a public health emergency declared pursuant to
section 319 of the Public Health Service Act (42 U.S.C. 247d)
is in effect.
``(b) General Authority.--The Maritime Administrator may--
``(1) make grants to eligible State entities for eligible
operating costs; and
``(2) make grants and enter into contracts and other
agreements with eligible entities for--
``(A) the costs of capital projects to protect, repair,
reconstruct, or replace equipment and facilities of the
United States maritime transportation system that the
Maritime Administrator determines is in danger of suffering
serious physical damage, or has suffered serious physical
damage, as a result of an emergency; and
``(B) eligible operating costs of United States maritime
transportation equipment and facilities in an area directly
affected by an emergency during--
``(i) the 1-year period beginning on the date of a
declaration described in subsections (a)(4)(A) and (a)(4)(B);
and
``(ii) an additional 1-year period beginning 1 year after
the date of a declaration described in subsections (a)(4)(A)
and (a)(4)(B), if the Maritime Administrator, in consultation
with the Administrator of the Federal Emergency Management
Administration, determines there is a compelling need arising
out of the emergency for which the declaration is made.
``(c) Allocation.--The Maritime Administrator shall
determine an appropriate method for the equitable allocation
and distribution of funds under this section to eligible
State entities and eligible entities.
``(d) Applications.--An applicant for assistance under this
section shall submit an application for such assistance to
the Maritime Administrator at such time, in such manner, and
containing such information and assurances as the Maritime
Administrator may require
``(e) Coordination of Emergency Funds.--
``(1) Use of funds.--Funds appropriated to carry out this
section shall be in addition to any other funds available
under this chapter.
``(2) No effect on other government activity.--The
provision of funds under this section shall not affect the
ability of any other agency of the Government, including the
Federal Emergency Management Agency, or a State agency, a
local governmental entity, organization, or person, to
provide any other funds otherwise authorized by law.
``(f) Grant Requirements.--A grant awarded under this
section that is made to address an emergency defined under
subsection (a)(4)(B) shall be--
``(1) subject to the terms and conditions the Maritime
Administrator determines are necessary; and
``(2) made only for expenses that are not reimbursed under
the Robert T. Stafford Disaster Relief and Emergency
Assistance Act (42 U.S.C. 5121 et seq.) or any Federal,
State, or local assistance program.
``(g) Federal Share of Costs.--The Federal share payable of
the costs for which a grant is made under this section shall
be 100 percent.
``(h) Administrative Costs.--Of the amounts available to
carry out this section, not more than one-half of one percent
may be used for administration of this section.
``(i) Quality Assurance.--The Maritime Administrator shall
institute adequate policies, procedures, and internal
controls to prevent waste, fraud, abuse, and program
mismanagement for the distribution of funds under this
section.
``(j) Reports.--The Maritime Administrator shall annually
report to the Congress regarding financial assistance
provided under this section, including a description of such
assistance.''.
(b) Clerical Amendment.--The analysis for such chapter is
amended by adding at the end the following:
``50308. Port development; maritime transportation system
emergency relief program.''.
(c) Inclusion of COVID-19 Pandemic Public Health
Emergency.--For purposes of section 50308 of title 46, United
States Code, as amended by subsection (a), the public health
emergency declared pursuant to section 319 of the Public
Health Service Act (42 U.S.C. 247d) resulting from the COVID-
19 pandemic shall be treated as an emergency.
SEC. __. CENTERS OF EXCELLENCE FOR DOMESTIC MARITIME
WORKFORCE TRAINING AND EDUCATION: TECHNICAL
AMENDMENTS.
(a) Redesignation and Transfer of Section.--Section 54102
of title 46, United States Code, is redesignated as section
51706 of such title and transferred to appear after section
51705 of such title.
(b) Clerical Amendments.--Title 46, United States Code, is
amended--
(1) in the analysis for chapter 541, by striking the item
relating to section 54102; and
(2) in the analysis for chapter 517, by striking the item
relating to section 51705 and inserting the following:
``51705. Training for use of force against piracy.
``51706. Center of excellence for domestic maritime
workforce training and education''.
SEC. __. MERCHANT MARINER EDUCATION LOAN PROGRAM.
(a) In General.--Chapter 517 of title 46, United States
Code, as amended by this Act, is further amended by adding at
the end the following:
``Sec. 51707. Merchant mariner career training loan program
``(a) Establishment.--The Secretary of Transportation shall
establish the Elijah E. Cummings Merchant Mariner Career
Training Loan Program (in this section referred to as the
`program') in accordance with the requirements of this
section.
``(b) Purpose.--The purpose of the program shall be to make
merchant mariner career training loans available to eligible
students to provide for the training of United States
merchant mariners, including those working to receive a
Standards of Training, Certification and Watchkeeping
endorsement under subchapter B of chapter I of title 46, Code
of Federal Regulations.
``(c) Administration.--The program shall be carried out by
the Secretary, acting through the Administrator of the
Maritime Administration.
``(d) Duties.--The Secretary shall--
``(1) allocate, on an annual basis, the award of loans
under the program based on the needs of students;
``(2) develop an application process and eligibility
criteria for the award of loans under the program;
``(3) approve applications for loans under the program
based on the eligibility criteria and allocations made under
paragraph (1); and
``(4) designate maritime training institutions at which
loans made under the program may be used.
``(e) Designation of Maritime Training Institutions.--
``(1) In general.--In designating maritime training
institutions under subsection (d)(4), the Secretary--
``(A) may include Federal, State, and commercial training
institutions and nonprofit training organizations, including
centers of excellence designated under section 51706;
[[Page H3422]]
``(B) shall designate institutions based on geographic
diversity and scope of classes offered;
``(C) shall ensure that designated institutions have the
ability to administer the program; and
``(D) shall ensure that designated institutions meet
requirements to provide training instruction for appropriate
Coast Guard-approved training instruction.
``(2) Exclusions.--The Secretary--
``(A) may exclude from participation in the program a
maritime training institution that has had severe performance
deficiencies, including deficiencies demonstrated by audits
or program reviews conducted during the 5 calendar years
immediately preceding the present year;
``(B) shall exclude from participation in the program a
maritime training institution that has delinquent or
outstanding debts to the United States, unless such debts are
being repaid under or in accordance with a repayment
arrangement satisfactory to the United States, or the
Secretary in the Secretary's discretion determines that the
existence or amount of any such debts has not been finally
determined by the appropriate Federal agency;
``(C) may exclude from participation in the program a
maritime training institution that has failed to comply with
quality standards established by the Department of Labor, the
Coast Guard, or a State; and
``(D) may establish such other criteria as the Secretary
determines will protect the financial interest of the United
States and promote the purposes of this section.
``(f) State Maritime Academies.--
``(1) Use of funds for loans to students attending state
maritime academies.--The Secretary may obligate not more than
50 percent of the amounts appropriated to carry out this
section for a fiscal year for loans to undergraduate students
attending State maritime academies receiving assistance under
chapter 515 of this title.
``(2) Academic standards for students.--Students at State
maritime academies receiving loans under the program shall
maintain satisfactory progress toward the completion of their
course of study as evidenced by the maintenance of a
cumulative C average, or its equivalent, or academic standing
consistent with the requirements for graduation, as
determined by the institution.
``(g) Loan Amounts and Use.--
``(1) Maximum amounts.--
``(A) In general.--The Secretary may not make loans to a
student under the program in an amount that exceeds $30,000
in a calendar year or $120,000 in the aggregate.
``(B) Adjustment for inflation.--The Secretary shall, every
5 years for the life of a loan under the program, adjust the
maximum amounts described in subparagraph (A) in accordance
with any change in the Consumer Price Index for All Urban
Consumers published by the Bureau of Labor Statistics of the
Department of Labor that occurs since the previous
adjustment.
``(2) Use of loan proceeds.--A student who receives a loan
under the program may use the proceeds of the loan only for
postsecondary expenses incurred at an institution designated
by the Secretary under subsection (d)(4) for books, tuition,
required fees, travel to and from training facilities, and
room and board.
``(h) Student Eligibility.--
``(1) In general.--Subject to paragraph (2), to be eligible
to receive a loan under the program, a student shall--
``(A) be eligible to hold a license or merchant mariner
document issued by the Coast Guard;
``(B) provide to the Secretary such information as the
Secretary may require, including all current Coast Guard
documents, certifications, proof of United States citizenship
or permanent legal status, and a statement of intent to enter
a maritime career;
``(C) meet the enrollment requirements of a maritime
training institution designated by the Secretary under
subsection (d)(4); and
``(D) sign an agreement to--
``(i) complete a course of instruction at such a maritime
training institution; and
``(ii) maintain a license or document and work under the
authority of the license or document and any associated
endorsements for at least 18 months following the date of
graduation from the maritime program for which the loan
proceeds will be used.
``(2) Limitation.--An undergraduate student at the United
States Merchant Marine Academy shall not be eligible for a
loan under the program.
``(i) Administration of Loans.--
``(1) Contents of loan agreements.--Any agreement between
the Secretary and a student borrower for a loan under the
program shall--
``(A) be evidenced by a note or other written instrument
that provides for the repayment of the principal amount of
the loan and any origination fee, together with interest
thereon, in equal installments (or, if the student borrower
so requests, in graduated periodic installments determined in
accordance with such schedules as may be approved by the
Secretary) payable quarterly, bimonthly, or monthly, at the
option of the student borrower, over a period beginning 9
months from the date on which the student borrower completes
study or discontinues attendance at the maritime program for
which the loans are used at the institution approved by the
Secretary and not exceeding 10 years;
``(B) include provision for acceleration of repayment of
the whole, or any part, of such loan, at the option of the
student borrower;
``(C) provide the loan without security and without
endorsement;
``(D) provide that the liability to repay the loan shall be
canceled upon the death of the student borrower, or if the
student borrower becomes permanently and totally disabled, as
determined in accordance with regulations to be issued by the
Secretary;
``(E) contain a notice of the system of disclosure of
information concerning default on such loan to credit bureau
organizations; and
``(F) include provisions for deferral of repayment, as
determined by the Secretary.
``(2) Rate of interest.--A student borrower who receives a
loan under the program shall be obligated to repay the loan
amount to the Secretary, together with interest beginning in
the period referred to in paragraph (1)(A), at a rate of
interest determined by the Secretary, in consultation with
the Secretary of Education, in accordance with section 455 of
the Higher Education Act of 1965 (20 U.S.C. 1087e).
``(3) Disclosure required prior to disbursement.--
``(A) In general.--The Secretary shall at or prior to the
time the Secretary makes a loan to a student borrower under
the program, provide thorough and adequate loan information
on such loan to the student borrower. The disclosures
required by this paragraph may be made as part of the written
application material provided to the student borrower, as
part of the promissory note evidencing the loan, or on a
separate written form provided to the student borrower.
``(B) Contents.--The disclosures shall include--
``(i) the address to which communications and payments
should be sent;
``(ii) the principal amount of the loan;
``(iii) the amount of any charges collected at or prior to
the disbursal of the loan and whether such charges are to be
deducted from the proceeds of the loan or paid separately by
the student borrower;
``(iv) the stated interest rate on the loan;
``(v) the yearly and cumulative maximum amounts that may be
borrowed;
``(vi) an explanation of when repayment of the loan will be
required and when the student borrower will be obligated to
pay interest that accrues on the loan;
``(vii) a statement as to the minimum and maximum repayment
term that the Secretary may impose, and the minimum monthly
payment required by law and a description of any penalty
imposed as a consequence of default, such as liability for
expenses reasonably incurred in attempts by the Secretary to
collect on a loan;
``(viii) a statement of the total cumulative balance,
including the loan applied for, owed by the student borrower
to the Secretary, and an estimate of the projected monthly
payment, given such cumulative balance;
``(ix) an explanation of any special options the student
borrower may have for loan consolidation or other refinancing
of the loan;
``(x) a statement that the student borrower has the right
to prepay all or part of the loan, at any time, without
penalty;
``(xi) a statement summarizing circumstances in which
repayment of the loan or interest that accrues on the loan
may be deferred, and a brief notice of the program for
repayment of loans, on the basis of military service,
pursuant to the Department of Defense educational loan
repayment program (10 U.S.C. 16302);
``(xii) a definition of default and the consequences to the
student borrower if the student borrower defaults, together
with a statement that the disbursement of, and the default
on, a loan under this part shall be reported to a credit
bureau or credit reporting agency;
``(xiii) to the extent practicable, the effect of accepting
the loan on the eligibility of the student borrower for other
forms of student assistance; and
``(xiv) an explanation of any cost the student borrower may
incur in the making or collection of the loan.
``(C) Information to be provided without cost.--The
information provided under this paragraph shall be available
to the Secretary without cost to the student borrower.
``(4) Repayment after default.--The Secretary may require
any student borrower who has defaulted on a loan made under
the program to--
``(A) pay all reasonable collection costs associated with
such loan; and
``(B) repay the loan pursuant to an income contingent
repayment plan.
``(5) Authorization to reduce rates and fees.--
Notwithstanding any other provision of this section, the
Secretary may prescribe by regulation any reductions in the
interest rate or origination fee paid by a student borrower
of a loan made under the program as the Secretary determines
appropriate to encourage ontime repayment of the loan. Such
reductions may be offered only if the Secretary determines
the reductions are cost neutral and in the best financial
interest of the United States.
``(6) Collection of repayments.--The Secretary shall
collect repayments made under the program and exercise due
diligence in such collection, including maintenance of all
necessary records to ensure that maximum repayments are made.
Collection and servicing of repayments under the program
shall be pursued to the full extent of the law, including
wage garnishment if necessary. The Secretary of the
Department in which the Coast Guard is operating shall
provide the Secretary of Transportation with any information
regarding a merchant mariner that
[[Page H3423]]
may aid in the collection of repayments under this section.
``(7) Repayment schedule.--A student borrower who receives
a loan under the program shall repay the loan quarterly,
bimonthly, or monthly, at the option of the student borrower,
over a period beginning 9 months from the date the student
borrower completes study or discontinues attendance at the
maritime program for which the loan proceeds are used and
ending not more than 10 years after the date repayment
begins. Provisions for deferral of repayment shall be
determined by the Secretary.
``(8) Contracts for servicing and collection of loans.--The
Secretary may--
``(A) enter into a contract or other arrangement with State
or nonprofit agencies and, on a competitive basis, with
collection agencies for servicing and collection of loans
under this section; and
``(B) conduct litigation necessary to carry out this
section.
``(j) Revolving Loan Fund.--
``(1) Establishment.--The Secretary shall establish a
revolving loan fund consisting of amounts deposited in the
fund under paragraph (2).
``(2) Deposits.--The Secretary shall deposit in the fund--
``(A) receipts from the payment of principal and interest
on loans made under the program; and
``(B) any other monies paid to the Secretary by or on
behalf of individuals under the program.
``(3) Availability of amounts.--Subject to the availability
of appropriations, amounts in the fund shall be available to
the Secretary--
``(A) to cover the administrative costs of the program,
including the maintenance of records and making collections
under this section; and
``(B) to the extent that amounts remain available after
paying such administrative costs, to make loans under the
program.
``(4) Maintenance of records.--The Secretary shall maintain
accurate records of the administrative costs referred to in
paragraph (3)(A).
``(k) Annual Report.--The Secretary, on an annual basis,
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the program, including--
``(1) the total amount of loans made under the program in
the preceding year;
``(2) the number of students receiving loans under the
program in the preceding year; and
``(3) the total amount of loans made under program that are
in default as of the date of the report.
``(l) Authorization of Appropriations.--There are
authorized to be appropriated for each of fiscal years 2021
through 2026--
``(1) $10,000,000 for making loans under the program; and
``(2) $1,000,000 for administrative expenses of the
Secretary in carrying out the program.
``Sec. 51708. Merchant mariner recruitment, training, and
retention grant program
``(a) Strategic Plan.--
``(1) In general.--Not later than one year after the date
of enactment of this section, and at least once every 3 years
thereafter, the Secretary of Transportation, acting through
the Administrator of the Maritime Administration, shall
publish in the Federal Register a plan to recruit, train, and
retain merchant mariners for the 5-year period following the
date of publication of the most recently published plan under
this paragraph.
``(2) Contents.--A plan published under paragraph (1) shall
contain--
``(A) a strategy to address merchant mariner recruitment,
training, and retention issues in the United States; and
``(B) demonstration and research priorities concerning
merchant mariner recruitment, training, and retention.
``(3) Factors.--In developing a plan under paragraph (1),
the Secretary shall take into account, at a minimum--
``(A) the availability of existing research (as of the date
of publication of the plan); and
``(B) the need to ensure results that have broad
applicability.
``(4) Consultation.--In developing a plan under paragraph
(1), the Secretary shall consult with representatives of the
maritime industry, labor organizations, including the
Commander of the Transportation Command and the Commander of
the Military Sealift Command, and other governmental entities
and persons with an interest in the maritime industry.
``(5) Transmittal to congress.--The Secretary shall
transmit copies of a plan published under paragraph (1) to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate.
``(b) Demonstration and Research Projects.--
``(1) In general.--The Secretary may award grants to, or
enter into contracts or cooperative agreements with, a
maritime training institutions designated under section
51607(e) or a consortium such institutions, to carry out
demonstration and research projects that implement the
priorities identified in the plan prepared under subsection
(a)(1), for the purpose of recruiting, training, or retaining
United States merchant mariners.
``(2) Competitive awards.--Grants shall be awarded. and
contracts and cooperative agreements shall be entered into,
under this subsection on a competitive basis under guidelines
and requirements to be established by the Secretary.
``(3) Applications.--To be eligible to receive a grant or
enter into a contract or cooperative agreement under this
section for a project under this subsection, a maritime
training institution shall submit to the Secretary a proposal
that includes, at a minimum--
``(A) a description of the project; and
``(B) a method for evaluating the effectiveness of the
project.
``(4) Eligible projects.--Projects eligible for grants,
contracts, and cooperative agreements under this subsection--
``(A) shall carry out the demonstration and research
priorities included in the plan published under subsection
(a)(1); and
``(B) may--
``(i) provide training to upgrade the skills of United
States merchant mariners, including training to acquire a
Standards of Training, Certification and Watchkeeping
endorsement under subchapter B of chapter I of title 46, Code
of Federal Regulations;
``(ii) promote the use of distance learning that enables
students to take courses through the use of teleconferencing,
the Internet, and other media technology;
``(iii) assist in providing services to address merchant
mariner recruitment and training of youth residing in
targeted high poverty areas within empowerment zones and
enterprise communities;
``(iv) implement partnerships with national and regional
organizations with special expertise in developing,
organizing, and administering merchant mariner recruitment
and training services;
``(v) design, develop, and test an array of approaches to
providing recruitment, training, or retention services,
including to one or more targeted populations;
``(vi) in conjunction with employers, organized labor,
other groups (such as community coalitions), and Federal,
State, or local agencies, design, develop, and test various
training approaches in order to determine effective
practices; or
``(vii) assist in the development and replication of
effective service delivery strategies for the national
maritime industry as a whole.
``Sec. 51709. Authorization of appropriations
``There are authorized to be appropriated for each of
fiscal years 2021 through 2026--
``(1) $10,000,000 for making grants and entering into
cooperative agreements under sections 51707 and 51708; and
``(2) $1,000,000 for administrative expenses of the
Secretary in carrying out such sections.''.
(b) Conforming Amendment.--The analysis for such chapter is
amended by adding at the end the following:
``51707. Merchant mariner career training loan program.
``51708. Merchant mariner recruitment, training, and retention program.
``51709. Authorization of appropriations.''.
SEC. __. ASSISTANCE FOR INLAND AND SMALL COASTAL PORTS AND
TERMINALS.
Section 50302 of title 46, United States Code, is amended--
(1) in subsection (c)--
(A) in paragraph (2)--
(i) by inserting ``and subsection (d)'' after ``this
subsection''; and
(ii) by adding at the end the following:
``(H) In the case of a small project funded under
subsection (d), a private entity or group of entities.'';
(B) in paragraph (6) by striking subparagraph (C);
(C) in paragraph (7)(B) by striking ``paragraph (3)(A)''
and inserting ``subsection (d)'';
(D) in paragraph (8)(B)--
(i) in clause (i) by striking ``under this subsection'' and
inserting ``under this subsection and subsection (d)''; and
(ii) in clause (ii) by inserting ``under subsection (d)
or'' after ``project''; and
(E) in paragraph (11) by--
(i) striking ``under this subsection'' and inserting
``under this subsection and subsection (d)'' each place such
phrase appears; and
(ii) striking ``fiscal year.'' and inserting ``fiscal year,
and shall be awarded as grants under the subsection for which
the original grant was made.'';
(2) by redesignating subsection (d) as subsection (e);
(3) by inserting after subsection (c) the following:
``(d) Assistance for Inland and Small Coastal Ports and
Terminals.--
``(1) In general.--Of amounts reserved under subsection
(c)(7)(B), the Secretary, acting through the Administrator of
the Maritime Administration, shall make grants under this
subsection--
``(A) to the owners or operators of a facility at a port,
as such term is defined in subsection (c), to and from which
the average annual tonnage of cargo for the immediately
preceding 3 calendar years from the time an application is
submitted is less than 8,000,000 short tons as determined
using Corps of Engineers data; and
``(B) for infrastructure improvements, equipment purchases,
and capital investments at such a facility, including piers,
wharves, docks, terminals, and similar structures used
principally for the movement of
[[Page H3424]]
goods, including areas of land, water, or areas in proximity
to such structure that are necessary for the movement of
goods.
``(2) Awards.--In providing assistance under this
subsection, the Secretary shall--
``(A) take into account--
``(i) the economic advantage and the contribution to
freight transportation at an eligible facility; and
``(ii) the competitive disadvantage of an eligible
facility;
``(B) not make more than 1 award per applicant for each
fiscal year appropriation; and
``(C) promote the enhancement and efficiencies of an
eligible facility.
``(3) Use of funds.--
``(A) In general.--Assistance provided under this
subsection may be used to--
``(i) make capital improvements;
``(ii) construct, improve, repair, or maintain
transportation or physical infrastructure, buildings,
equipment, or facility security;
``(iii) perform planning activities related to carrying out
an activity described in clause (i); and
``(iv) otherwise fulfill the purposes for which such
assistance is provided.
``(B) Acquisition methods.--The Secretary may not require
as a condition of issuing a grant under this subsection--
``(i) direct ownership of either a facility or equipment to
be procured using funds awarded under this subsection; or
``(ii) that equipment procured using such funds be new.
``(4) Prohibited uses.--Funds provided under this
subsection may not be used for--
``(A) projects conducted on property lying outside port or
terminal boundaries and not owned or leased by the applicant;
``(B) any single grant award more than 10 percent of total
allocation of funds to carry out this subsection per fiscal
year appropriation; or
``(C) activities, including channel improvements or harbor
deepening, authorized, as of the date of the application for
assistance under this subsection, to be carried out by of the
Corps of Engineers.
``(5) Matching requirements.--
``(A) In general.--The Secretary may not provide assistance
under this subsection unless the Secretary determines that
sufficient funding is available to meet the matching
requirements of subsection (c)(8). Any costs of the project
to be paid by the recipient's matching share may be incurred
prior to the date on which assistance is provided.
``(B) Inclusions.--For the purpose of making the
determination under subparagraph (A), funding may include a
loan agreement, a commitment from investors, cash on balance
sheet, or other contributions determined acceptable by the
Secretary.
``(6) Application and award.--
``(A) Minimum standards for payment or reimbursement.--Each
application submitted shall include a comprehensive
description of--
``(i) the project;
``(ii) the need for the project;
``(iii) the methodology for implementing the project; and
``(iv) documentation of matching funds as described in
paragraph (5).
``(B) Demonstration of effectiveness.--In determining
whether a project will achieve the purposes for which such
assistance is requested under this subsection, the Secretary
shall accept documentation used to obtain a commitment of the
matching funds described in paragraph (5), including
feasibility studies, business plans, investor prospectuses,
loan applications, or similar documentation.
``(C) Project approval required.--The Secretary may not
award a grant under this subsection unless the Secretary
determines that the--
``(i) project will be completed without unreasonable delay;
and
``(ii) recipient has authority to carry out the proposed
project.
``(7) Procedural safeguards, audits, and examinations.--
``(A) Procedural safeguards.--The Administrator shall issue
guidelines to establish appropriate accounting, reporting,
and review procedures to ensure that--
``(i) assistance provided under this subsection is used for
the purposes for which such assistance made available; and
``(ii) grantees have properly accounted for all
expenditures of grant funds.
``(B) Audits and examinations.--All grantees under this
subsection shall maintain such records as the Administrator
may require and make such records available for review and
audit by the Administrator.
``(8) Limitation.--Not more than 10 percent of the funds
made available under subsection (c)(7)(B) may be used to the
planning and design of eligible projects described in
paragraph (3)(A)(iii).
``(9) Definition of project.--In this subsection, the term
`project' has the meaning given such term in subsection
(c).''.
SEC. ___. NATIONAL SHIPPER ADVISORY COMMITTEE.
(a) In General.--Part B of subtitle IV of title 46, United
States Code, is amended by adding at the end the following:
``CHAPTER 425--NATIONAL SHIPPER ADVISORY COMMITTEE
``Sec.
``42501. Definitions.
``42502. National Shipper Advisory Committee.
``42503. Administration.
``Sec. 42501. Definitions
``In this chapter:
``(1) Commission.--The term `Commission' means the Federal
Maritime Commission.
``(2) Committee.--The term `Committee' means the National
Shipper Advisory Committee established by section 42502.
``Sec. 42502. National Shipper Advisory Committee
``(a) Establishment.--There is established a National
Shipper Advisory Committee.
``(b) Function.--The Committee shall advise the Federal
Maritime Commission on policies relating to the
competitiveness, reliability, integrity, and fairness of the
international ocean freight delivery system.
``(c) Membership.--
``(1) In general.--The Committee shall consist of 24
members appointed by the Commission in accordance with this
section.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Members of the Committee shall be
appointed as follows:
``(A) Twelve members shall represent entities who import
cargo to the United States using ocean common carriers.
``(B) Twelve members shall represent entities who export
cargo from the United States using ocean common carriers.
``Sec. 42503. Administration
``(a) Meetings.--The Committee shall, not less than once
each year, meet at the call of the Commission or a majority
of the members of the Committee.
``(b) Employee Status.--A member of the Committee shall not
be considered an employee of the Federal Government by reason
of service on such Committee, except for the purposes of the
following:
``(1) Chapter 81 of title 5.
``(2) Chapter 171 of title 28 and any other Federal law
relating to tort liability.
``(c) Acceptance of Volunteer Services.--Notwithstanding
any other provision of law, a member of the Committee may
serve on such committee on a voluntary basis without pay.
``(d) Status of Members.--
``(1) In general.--Except as provided in paragraph (2),
with respect to a member of the Committee whom the Commission
appoints to represent an entity or group--
``(A) the member is authorized to represent the interests
of the applicable entity or group; and
``(B) requirements under Federal law that would interfere
with such representation and that apply to a special
Government employee (as defined in section 202(a) of title
18), including requirements relating to employee conduct,
political activities, ethics, conflicts of interest, and
corruption, do not apply to the member.
``(2) Exception.--Notwithstanding subsection (b), a member
of the Committee shall be treated as a special Government
employee for purposes of the committee service of the member
if the member, without regard to service on the Committee, is
a special Government employee.
``(e) Service on Committee.--
``(1) Solicitation of nominations.--Before appointing an
individual as a member of the Committee, the Commission shall
publish a timely notice in the Federal Register soliciting
nominations for membership on such Committee.
``(2) Appointments.--
``(A) In general.--After considering nominations received
pursuant to a notice published under paragraph (1), the
Commission may appoint a member to the Committee.
``(B) Prohibition.--The Commission shall not seek,
consider, or otherwise use information concerning the
political affiliation of a nominee in making an appointment
to the Committee.
``(3) Service at pleasure of the commission.--Each member
of the Committee shall serve at the pleasure of the
Commission.
``(4) Security background examinations.--The Commission may
require an individual to have passed an appropriate security
background examination before appointment to the Committee.
``(5) Prohibition.--A Federal employee may not be appointed
as a member of the Committee.
``(6) Terms.--
``(A) In general.--The term of each member of the Committee
shall expire on December 31 of the third full year after the
effective date of the appointment.
``(B) Continued service after term.--When the term of a
member of the Committee ends, the member, for a period not to
exceed 1 year, may continue to serve as a member until a
successor is appointed.
``(7) Vacancies.--A vacancy on the Committee shall be
filled in the same manner as the original appointment.
``(8) Special rule for reappointments.--Notwithstanding
paragraphs (1) and (2), the Commission may reappoint a member
of a committee for any term, other than the first term of the
member, without soliciting, receiving, or considering
nominations for such appointment.
``(f) Staff Services.--The Commission shall furnish to the
Committee any staff and services considered by the Commission
to be necessary for the conduct of the Committee's functions.
``(g) Chair; Vice Chair.--
``(1) In general.--The Committee shall elect a Chair and
Vice Chair from among the committee's members.
[[Page H3425]]
``(2) Vice chairman acting as chairman.--The Vice Chair
shall act as Chair in the absence or incapacity of, or in the
event of a vacancy in the office of, the Chair.
``(h) Subcommittees and Working Groups.--
``(1) In general.--The Chair of the Committee may establish
and disestablish subcommittees and working groups for any
purpose consistent with the function of the Committee.
``(2) Participants.--Subject to conditions imposed by the
Chair, members of the Committee may be assigned to
subcommittees and working groups established under paragraph
(1).
``(i) Consultation, Advice, Reports, and Recommendations.--
``(1) Consultation.--Before taking any significant action,
the Commission shall consult with, and consider the
information, advice, and recommendations of, the Committee if
the function of the Committee is to advise the Commission on
matters related to the significant action.
``(2) Advice, reports, and recommendations.--The Committee
shall submit, in writing, to the Commission its advice,
reports, and recommendations, in a form and at a frequency
determined appropriate by the Committee.
``(3) Explanation of actions taken.--Not later than 60 days
after the date on which the Commission receives
recommendations from the Committee under paragraph (2), the
Commission shall--
``(A) publish the recommendations on a public website; and
``(B) respond, in writing, to the Committee regarding the
recommendations, including by providing an explanation of
actions taken regarding the recommendations.
``(4) Submission to congress.--The Commission shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate the advice,
reports, and recommendations received from the Committee
under paragraph (2).
``(j) Observers.--The Commission may designate a
representative to--
``(1) attend any meeting of the Committee; and
``(2) participate as an observer at such meeting.
``(k) Termination.--The Committee shall terminate on
September 30, 2029.''.
(b) Clerical Amendment.--The analysis for subtitle IV of
title 46, United States Code, is amended by inserting after
the item related to chapter 423 the following:
``425. National Shipper Advisory Committee.................42501''.....
Amendment No. 117 Offered by Mr. DeFazio of Oregon
At the end of the bill, add the following:
DIVISION F--ELIJAH E. CUMMINGS COAST GUARD AUTHORIZATION ACT OF 2020
SECTION 1. SHORT TITLE.
This division may be cited as the ``Elijah E. Cummings
Coast Guard Authorization Act of 2020''.
SEC. 2. TABLE OF CONTENTS.
The table of contents for this division is as follows:
DIVISION F--ELIJAH E. CUMMINGS COAST GUARD AUTHORIZATION ACT OF 2020
Sec. 1. Short title.
Sec. 2. Table of contents.
Sec. 3. Definition of Commandant.
TITLE I--AUTHORIZATIONS
Sec. 1001. Authorizations of appropriations.
Sec. 1002. Authorized levels of military strength and training.
Sec. 1003. Determination of budgetary effects.
Sec. 1004. Availability of amounts for acquisition of additional
National Security Cutter.
Sec. 1005. Procurement authority for Polar Security Cutters.
Sec. 1006. Sense of the Congress on need for new Great Lakes
icebreaker.
Sec. 1007. Procurement authority for Great Lakes icebreaker.
Sec. 1008. Polar Security Cutter acquisition report.
Sec. 1009. Shoreside infrastructure.
Sec. 1010. Major acquisition systems infrastructure.
Sec. 1011. Polar icebreakers.
Sec. 1012. Acquisition of fast response cutter.
TITLE II--COAST GUARD
Subtitle A--Military Personnel Matters
Sec. 2101. Grade on retirement.
Sec. 2102. Authority for officers to opt out of promotion board
consideration.
Sec. 2103. Temporary promotion authority for officers in certain grades
with critical skills.
Sec. 2104. Career intermission program.
Sec. 2105. Direct commissioning authority for individuals with critical
skills.
Sec. 2106. Employment assistance.
Subtitle B--Organization and Management Matters
Sec. 2201. Congressional affairs; Director.
Sec. 2202. Limitations on claims.
Sec. 2203. Renewal of temporary early retirement authority.
Sec. 2204. Major acquisitions; operation and sustainment costs.
Sec. 2205. Support of women serving in the Coast Guard.
Sec. 2206. Disposition of infrastructure related to E-LORAN.
Sec. 2207. Positions of importance and responsibility.
Sec. 2208. Research projects; transactions other than contracts and
grants.
Sec. 2209. Acquisition workforce authorities.
Sec. 2210. Vessel conversion, alteration, and repair projects.
Sec. 2211. Modification of acquisition process and procedures.
Sec. 2212. Establishment and purpose of Fund; definition.
Sec. 2213. Payments from Fund.
Sec. 2214. Determination of contributions to Fund.
Sec. 2215. Payments into Fund.
Subtitle C--Access to Child Care for Coast Guard Families
Sec. 2301. Report on child care and school-age care assistance for
qualified families.
Sec. 2302. Review of family support services website and online
tracking system.
Sec. 2303. Study and survey on Coast Guard child care needs.
Sec. 2304. Pilot program to expand access to child care.
Sec. 2305. Improvements to Coast Guard-owned family housing.
Sec. 2306. Briefing on transfer of family child care provider
qualifications and certifications.
Sec. 2307. Inspections of Coast Guard child development centers and
family child care providers.
Sec. 2308. Expanding opportunities for family child care.
Sec. 2309. Definitions.
Subtitle D--Reports
Sec. 2401. Modifications of certain reporting requirements.
Sec. 2402. Report on cybersecurity workforce.
Sec. 2403. Report on navigation and bridge resource management.
Sec. 2404. Report on helicopter life-cycle support and
recapitalization.
Sec. 2405. Report on Coast Guard response capabilities for cyber
incidents on vessels entering ports or waters of the
United States.
Sec. 2406. Study and report on Coast Guard interdiction of illicit
drugs in transit zones.
Sec. 2407. Report on liability limits set in section 1004 of the Oil
Pollution Act of 1990.
Sec. 2408. Report on Coast Guard defense readiness resources
allocation.
Sec. 2409. Report on the feasibility of liquefied natural gas fueled
vessels.
Sec. 2410. Coast Guard authorities study.
Sec. 2411. Report on effects of climate change on Coast Guard.
Sec. 2412. Shore infrastructure.
Sec. 2413. Coast Guard housing; status and authorities briefing.
Sec. 2414. Physical access control system report.
Sec. 2415. Study on Certificate of Compliance inspection program with
respect to vessels that carry bulk liquefied gases as
cargo and liquefied natural gas tank vessels.
Sec. 2416. Comptroller General of the United States review and report
on Coast Guard's International Port Security Program.
Sec. 2417. Comptroller General of the United States review and report
on surge capacity of the Coast Guard.
Sec. 2418. Comptroller General of the United States review and report
on marine inspections program of Coast Guard.
Sec. 2419. Comptroller General of the United States review and report
on information technology program of Coast Guard.
Sec. 2420. Comptroller General of the United States study and report on
access to health care by members of Coast Guard and
dependents.
Sec. 2421. Comptroller General of the United States study and report on
medical staffing standards and needs for Coast Guard.
Sec. 2422. Report on fast response cutters, offshore patrol cutters,
and national security cutters.
Subtitle E--Coast Guard Academy Improvement Act
Sec. 2501. Short title.
Sec. 2502. Coast Guard Academy study.
Sec. 2503. Annual report.
Sec. 2504. Assessment of Coast Guard Academy admission processes.
Sec. 2505. Coast Guard Academy minority outreach team program.
Sec. 2506. Coast Guard college student pre-commissioning initiative.
Sec. 2507. Annual board of visitors.
Sec. 2508. Homeland Security rotational cybersecurity research program
at Coast Guard Academy.
Subtitle F--Other Matters
Sec. 2601. Strategy on leadership of Coast Guard.
Sec. 2602. Expedited transfer in cases of sexual assault; dependents of
members of the Coast Guard.
Sec. 2603. Access to resources during creosote-related building
closures at Coast Guard Base Seattle, Washington.
Sec. 2604. Southern resident orca conservation and enforcement.
[[Page H3426]]
Sec. 2605. Sense of Congress and report on implementation of policy on
issuance of warrants and subpoenas and whistleblower
protections by agents of the Coast Guard Investigative
Service.
Sec. 2606. Inspector General report on access to Equal Opportunity
Advisors and Equal Employment Opportunity Specialists.
Sec. 2607. Insider Threat Program.
TITLE III--MARITIME
Subtitle A--Navigation
Sec. 3101. Electronic charts; equivalency.
Sec. 3102. Subrogated claims.
Sec. 3103. Loan provisions under Oil Pollution Act of 1990.
Sec. 3104. Oil pollution research and development program.
Sec. 3105. Limited indemnity provisions in standby oil spill response
contracts.
Subtitle B--Shipping
Sec. 3201. Passenger vessel security and safety requirements;
application.
Sec. 3202. Small passenger vessels and uninspected passenger vessels.
Sec. 3203. Non-operating individual.
Sec. 3204. Conforming amendments: training; public safety personnel.
Sec. 3205. Maritime transportation assessment.
Sec. 3206. Engine cut-off switches; use requirement.
Sec. 3207. Authority to waive operator of self-propelled uninspected
passenger vessel requirements.
Sec. 3208. Exemptions and equivalents.
Sec. 3209. Waiver of navigation and vessel inspection laws.
Sec. 3210. Renewal of merchant mariner licenses and documents.
Sec. 3211. Certificate extensions.
Sec. 3212. Vessel safety standards.
Sec. 3213. Medical standards.
Subtitle C--Advisory Committees
Sec. 3301. Advisory committees.
Sec. 3302. Maritime Transportation System National Advisory Committee.
Sec. 3303. Expired maritime liens.
Sec. 3304. Great Lakes Pilotage Advisory Committee.
Sec. 3305. National Commercial Fishing Safety Advisory Committee.
Sec. 3306. Exemption of commercial fishing vessels operating in Alaskan
Region from Global Maritime Distress and Safety System
requirements of Federal Communications Commission.
Subtitle D--Ports
Sec. 3401. Port, harbor, and coastal facility security.
Sec. 3402. Aiming laser pointer at vessel.
Sec. 3403. Safety of special activities.
Sec. 3404. Security plans; reviews.
Sec. 3405. Vessel traffic service.
Sec. 3406. Transportation work identification card pilot program.
TITLE IV--MISCELLANEOUS
Subtitle A--Navigation and Shipping
Sec. 4101. Coastwise trade.
Sec. 4102. Towing vessels operating outside boundary line.
Sec. 4103. Sense of Congress regarding the maritime industry of the
United States.
Sec. 4104. Cargo preference study.
Sec. 4105. Towing vessel inspection fees.
Subtitle B--Maritime Domain Awareness
Sec. 4201. Unmanned maritime systems and satellite vessel tracking
technologies.
Sec. 4202. Unmanned aircraft systems testing.
Sec. 4203. Land-based unmanned aircraft system program of Coast Guard.
Sec. 4204. Prohibition on operation or procurement of foreign-made
unmanned aircraft systems.
Sec. 4205. United States commercial space-based radio frequency
maritime domain awareness testing and evaluation program.
Sec. 4206. Authorization of use of automatic identification systems
devices to mark fishing equipment.
Subtitle C--Arctic
Sec. 4301. Coast Guard Arctic prioritization.
Sec. 4302. Arctic PARS Native engagement.
Sec. 4303. Voting requirement.
Sec. 4304. Report on the Arctic capabilities of the Armed Forces.
Sec. 4305. Report on Arctic search and rescue.
Sec. 4306. Arctic Shipping Federal Advisory Committee.
Subtitle D--Other Matters
Sec. 4401. Plan for wing-in-ground demonstration plan.
Sec. 4402. Northern Michigan oil spill response planning.
Sec. 4403. Documentation of LNG tankers.
Sec. 4404. Replacement vessel.
Sec. 4405. Educational vessel.
Sec. 4406. Waters deemed not navigable waters of the United States for
certain purposes.
Sec. 4407. Anchorages.
Sec. 4408. Comptroller General of the United States study and report on
vertical evacuation for tsunamis at Coast Guard Stations
in Washington and Oregon.
Sec. 4409. Authority to enter into agreements with National Coast Guard
Museum Association.
Sec. 4410. Formal sexual assault policies for passenger vessels.
Sec. 4411. Regulations for covered small passenger vessels.
TITLE V--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
Sec. 5001. Transfers.
Sec. 5002. Additional transfers.
Sec. 5003. License exemptions; repeal of obsolete provisions.
Sec. 5004. Maritime transportation system.
Sec. 5005. References to ``persons'' and ``seamen''.
Sec. 5006. References to ``himself'' and ``his''.
Sec. 5007. Miscellaneous technical corrections.
Sec. 5008. Technical corrections relating to codification of Ports and
Waterways Safety Act.
Sec. 5009. Aids to navigation.
Sec. 5010. Transfers related to employees of Lighthouse Service.
Sec. 5011. Transfers related to surviving spouses of Lighthouse Service
employees.
Sec. 5012. Repeals related to lighthouse statutes.
TITLE VI--FEDERAL MARITIME COMMISSION
Sec. 6001. Short title.
Sec. 6002. Authorization of appropriations.
Sec. 6003. Unfinished proceedings.
Sec. 6004. Transfer of Federal Maritime Commission provisions.
SEC. 3. DEFINITION OF COMMANDANT.
In this division, the term ``Commandant'' means the
Commandant of the Coast Guard.
TITLE I--AUTHORIZATIONS
SEC. 1001. AUTHORIZATIONS OF APPROPRIATIONS.
Section 4902 of title 14, United States Code, is amended--
(1) in the matter preceding paragraph (1), by striking
``year 2019'' and inserting ``years 2020 and 2021'';
(2) in paragraph (1)(A), by striking ``provided for,
$7,914,195,000 for fiscal year 2019.'' and inserting
``provided for--
``(i) $8,151,620,850 for fiscal year 2020; and
``(ii) $8,396,169,475 for fiscal year 2021.'';
(3) in paragraph (1)(B), by striking ``subparagraph (A)--''
and inserting ``subparagraph (A)(i), $17,035,000 shall be for
environmental compliance and restoration.'';
(4) by striking clauses (i) and (ii) of paragraph (1)(B);
(5) in paragraph (1), by adding at the end the following:
``(C) Of the amount authorized under subparagraph, (A)(ii)
$17,376,000 shall be for environmental compliance and
restoration.'';
(6) in paragraph (2)--
(A) by striking ``For the procurement'' and inserting ``(A)
For the procurement'';
(B) by striking ``and equipment, $2,694,745,000 for fiscal
year 2019.'' and inserting ``and equipment--
``(i) $2,794,745,000 for fiscal year 2020; and
``(ii) $3,312,114,000 for fiscal year 2021.''; and
(C) by adding at the end the following:
``(B) Of the amounts authorized under subparagraph (A), the
following amounts shall be for the alteration of bridges:
``(i) $10,000,000 for fiscal year 2020; and
``(ii) $20,000,000 for fiscal year 2021.'';
(7) in paragraph (3), by striking ``and equipment,
$29,141,000 for fiscal year 2019.'' and inserting ``and
equipment--
``(A) $13,834,000 for fiscal year 2020; and
``(B) $14,111,000 for fiscal year 2021.''; and
(8) by adding at the end the following:
``(4) For the Coast Guard's Medicare-eligible retiree
health care fund contribution to the Department of Defense--
``(A) $205,107,000 for fiscal year 2020; and
``(B) $209,209,000 for fiscal year 2021.''.
SEC. 1002. AUTHORIZED LEVELS OF MILITARY STRENGTH AND
TRAINING.
Section 4904 of title 14, United States Code, is amended--
(1) in subsection (a), by striking ``43,000 for fiscal year
2018 and 44,500 for fiscal year 2019'' and inserting ``44,500
for each of fiscal years 2020 and 2021''; and
(2) in subsection (b), by striking ``fiscal years 2018 and
2019'' and inserting ``fiscal years 2020 and 2021''.
SEC. 1003. DETERMINATION OF BUDGETARY EFFECTS.
The budgetary effects of this division, for the purpose of
complying with the Statutory Pay-As-You-Go Act of 2010, shall
be determined by reference to the latest statement titled
``Budgetary Effects of PAYGO Legislation'' for this division,
submitted for printing in the Congressional Record by the
Chairman of the House Budget Committee, provided that such
statement has been submitted prior to the vote on passage.
SEC. 1004. AVAILABILITY OF AMOUNTS FOR ACQUISITION OF
ADDITIONAL NATIONAL SECURITY CUTTER.
(a) In General.--Of the amounts authorized to be
appropriated by--
(1) section 4902(2)(A)(i) of title 14, United States Code,
as amended by section 1001 of this division, $100,000,000 for
fiscal year 2020; and
(2) section 4902(2)(A)(ii) of title 14, United States Code,
as amended by section 1001 of this division, $550,000,000 for
fiscal year 2021
is authorized for the acquisition of a National Security
Cutter.
(b) Treatment of Acquired Cutter.--Any cutter acquired
using amounts available pursuant to subsection (a) shall be
in addition to the National Security Cutters approved under
the existing acquisition baseline in the program of record
for the National Security Cutter.
[[Page H3427]]
SEC. 1005. PROCUREMENT AUTHORITY FOR POLAR SECURITY CUTTERS.
(a) Funding.--Of the amounts authorized to be appropriated
by--
(1) section 4902(2)(A)(i) of title 14, United States Code,
as amended by section 1001 of this division, $135,000,000 for
fiscal year 2020; and
(2) section 4902(2)(A)(ii) of title 14, United States Code,
as amended by section 1001 of this division, $610,000,000 for
fiscal year 2021
is authorized for construction of a Polar Security Cutter.
(b) Prohibition on Contracts or Use of Funds for
Development of Common Hull Design.--Notwithstanding any other
provision of law, the Secretary of the department in which
the Coast Guard is operating may not enter into any contract
for, and no funds shall be obligated or expended on, the
development of a common hull design for medium Polar Security
Cutters and Great Lakes icebreakers.
SEC. 1006. SENSE OF THE CONGRESS ON NEED FOR NEW GREAT LAKES
ICEBREAKER.
(a) Findings.--The Congress finds the following:
(1) The Great Lakes shipping industry is crucial to the
American economy, including the United States manufacturing
base, providing important economic and national security
benefits.
(2) A recent study found that the Great Lakes shipping
industry supports 237,000 jobs and tens of billions of
dollars in economic activity.
(3) United States Coast Guard icebreaking capacity is
crucial to full utilization of the Great Lakes shipping
system, as during the winter icebreaking season up to 15
percent of annual cargo loads are delivered, and many
industries would have to reduce their production if Coast
Guard icebreaking services were not provided.
(4) Six of the Coast Guard's nine icebreaking cutters in
the Great Lakes are more than 30 years old and are frequently
inoperable during the winter icebreaking season, including
those that have completed a recent service life extension
program.
(5) During the previous 10 winters, Coast Guard Great Lakes
icebreaking cutters have been inoperable for an average of 65
cutter-days during the winter icebreaking season, with this
annual lost capability exceeding 100 cutter days, with a high
of 246 cutter days during the winter of 2017-2018.
(6) The 2019 ice season provides further proof that current
Coast Guard icebreaking capacity is inadequate for the needs
of the Great Lakes shipping industry, as only six of the nine
icebreaking cutters are operational, and millions of tons of
cargo was not loaded or was delayed due to inadequate Coast
Guard icebreaking assets during a historically average winter
for Great Lakes ice coverage.
(7) The Congress has authorized the Coast Guard to acquire
a new Great Lakes icebreaker as capable as Coast Guard Cutter
Mackinaw (WLBB-30), the most capable Great Lakes icebreaker,
and $10 million has been appropriated to fund the design and
initial acquisition work for this icebreaker.
(8) The Coast Guard has not initiated a new acquisition
program for this Great Lakes icebreaker.
(b) Sense of the Congress.--It is the sense of the Congress
of the United States that a new Coast Guard icebreaker as
capable as Coast Guard Cutter Mackinaw (WLBB-30) is needed on
the Great Lakes, and the Coast Guard should acquire this
icebreaker as soon as possible.
SEC. 1007. PROCUREMENT AUTHORITY FOR GREAT LAKES ICEBREAKER.
(a) In General.--Of the amounts authorized to be
appropriated by section 4902(2)(A)(ii) of title 14, United
States Code, as amended by section 1001 of this division,
$160,000,000 for fiscal year 2021 is authorized for the
acquisition of a Great Lakes icebreaker at least as capable
as USCGC Mackinaw (WLBB-30).
(b) Report.--Not later than 30 days after the date of the
enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a plan for acquiring an
icebreaker as required by section 820(b) of the Frank
LoBiondo Coast Guard Authorization Act of 2018 (Public Law
115-282).
SEC. 1008. POLAR SECURITY CUTTER ACQUISITION REPORT.
Not later than 1 year after the date of the enactment of
this Act, the Commandant shall submit to the Committees on
Transportation and Infrastructure and Armed Services of the
House of Representatives, and the Committees on Commerce,
Science, and Transportation and Armed Services of the Senate
a report on--
(1) the extent to which specifications, key drawings, and
detail design for the Polar Security Cutter are complete
before the start of construction;
(2) the extent to which Polar Security Cutter hulls numbers
one, two, and three are science ready; and
(3) what actions will be taken to ensure that Polar
Security Cutter hull number four is science capable, as
described in the National Academies of Sciences, Engineering,
and Medicine's Committee on Polar Icebreaker Cost Assessment
letter report entitled ``Acquisition and Operation of Polar
Icebreakers: Fulfilling the Nation's Needs'' and dated July
11, 2017.
SEC. 1009. SHORESIDE INFRASTRUCTURE.
Of the amounts authorized to be appropriated by section
4902(2)(A) of title 14, United States Code, as amended by
section 1001 of this division, for each of fiscal years 2020
and 2021, $167,500,000 is authorized for the Secretary of the
department in which the Coast Guard is operating to fund the
acquisition, construction, rebuilding, or improvement of the
Coast Guard shoreside infrastructure and facilities necessary
to support Coast Guard operations and readiness.
SEC. 1010. MAJOR ACQUISITION SYSTEMS INFRASTRUCTURE.
Of the amounts authorized to be appropriated by section
4902(2)(A)(ii) of title 14, United States Code, as amended by
section 1001 of this division, $105,000,000 is authorized for
the hangar replacement listed in the fiscal year 2020
Unfunded Priority List.
SEC. 1011. POLAR ICEBREAKERS.
(a) In General.--Section 561 of title 14, United States
Code, is amended to read as follows:
``Sec. 561. Icebreaking in polar regions
``(a) Procurement Authority.--
``(1) In general.--The Secretary may enter into one or more
contracts for the procurement of--
``(A) the Polar Security Cutters approved as part of a
major acquisition program as of November 1, 2019; and
``(B) 3 additional Polar Security Cutters.
``(2) Condition for out-year contract payments.--A contract
entered into under paragraph (1) shall provide that any
obligation of the United States to make a payment under the
contract during a fiscal year after fiscal year 2019 is
subject to the availability of appropriations or funds for
that purpose for such later fiscal year.
``(b) Planning.--The Secretary shall facilitate planning
for the design, procurement, maintenance, deployment, and
operation of icebreakers as needed to support the statutory
missions of the Coast Guard in the polar regions by
allocating all funds to support icebreaking operations in
such regions, except for recurring incremental costs
associated with specific projects, to the Coast Guard.
``(c) Reimbursement.--Nothing in this section shall
preclude the Secretary from seeking reimbursement for
operation and maintenance costs of the Polar Star, Healy, or
any other Polar Security Cutter from other Federal agencies
and entities, including foreign countries, that benefit from
the use of those vessels.
``(d) Restriction.--
``(1) In general.--The Commandant may not--
``(A) transfer, relinquish ownership of, dismantle, or
recycle the Polar Sea or Polar Star;
``(B) change the current homeport of the Polar Sea or Polar
Star; or
``(C) expend any funds--
``(i) for any expenses directly or indirectly associated
with the decommissioning of the Polar Sea or Polar Star,
including expenses for dock use or other goods and services;
``(ii) for any personnel expenses directly or indirectly
associated with the decommissioning of the Polar Sea or Polar
Star, including expenses for a decommissioning officer;
``(iii) for any expenses associated with a decommissioning
ceremony for the Polar Sea or Polar Star;
``(iv) to appoint a decommissioning officer to be
affiliated with the Polar Sea or Polar Star; or
``(v) to place the Polar Sea or Polar Star in inactive
status.
``(2) Sunset.--This subsection shall cease to have effect
on September 30, 2022.
``(e) Limitation.--
``(1) In general.--The Secretary may not expend amounts
appropriated for the Coast Guard for any of fiscal years 2015
through 2024, for--
``(A) design activities related to a capability of a Polar
Security Cutter that is based solely on an operational
requirement of a Federal department or agency other than the
Coast Guard, except for amounts appropriated for design
activities for a fiscal year before fiscal year 2016; or
``(B) long-lead-time materials, production, or postdelivery
activities related to such a capability.
``(2) Other amounts.--Amounts made available to the
Secretary under an agreement with a Federal department or
agency other than the Coast Guard and expended on a
capability of a Polar Security Cutter that is based solely on
an operational requirement of such Federal department or
agency shall not be treated as amounts expended by the
Secretary for purposes of the limitation under paragraph (1).
``(f) Enhanced Maintenance Program for the Polar Star.--
``(1) In general.--Subject to the availability of
appropriations, the Commandant shall conduct an enhanced
maintenance program on the Polar Star to extend the service
life of such vessel until at least December 31, 2025.
``(2) Authorization of appropriations.--The Commandant may
use funds made available pursuant to section 4902(1)(A), to
carry out this subsection.
``(g) Definitions.--In this section:
``(1) Polar sea.--The term `Polar Sea' means Coast Guard
Cutter Polar Sea (WAGB 11).
``(2) Polar star.--The term `Polar Star' means Coast Guard
Cutter Polar Star (WAGB 10).
``(3) Healy.--The term `Healy' means Coast Guard Cutter
Healy (WAGB 20).''.
(b) Contracting for Major Acquisitions Programs.--Section
1137(a) of title 14,
[[Page H3428]]
United States Code, is amended by inserting ``and 3 Polar
Security Cutters in addition to those approved as part of a
major acquisition program on November 1, 2019'' before the
period at the end.
(c) Repeals.--
(1) Coast guard and maritime transportation act of 2006.--
Section 210 of the Coast Guard and Maritime Transportation
Act of 2006 (14 U.S.C. 504 note) is repealed.
(2) Coast guard and maritime transportation act of 2012.--
Section 222 of the Coast Guard and Maritime Transportation
Act of 2012 (Public Law 112-213) is repealed.
(3) Howard coble coast guard and maritime transportation
act of 2014.--Section 505 of the Howard Coble Coast Guard and
Maritime Transportation Act of 2014 (Public Law 113-281) is
repealed.
(4) Frank lobiondo coast guard authorization act of 2018.--
Section 821 of the Frank LoBiondo Coast Guard Authorization
Act of 2018 (Public Law 115-282) is repealed.
SEC. 1012. ACQUISITION OF FAST RESPONSE CUTTER.
(a) In General.--Of the amounts authorized to be
appropriated under section 4902(2)(A)(ii) of title 14, United
States Code, as amended by section 1001 of this division,
$265,000,000 for fiscal year 2021 shall be made available for
the acquisition of four Fast Responses Cutters.
(b) Treatment of Acquired Cutters.--Any cutter acquired
pursuant to subsection (a) shall be in addition to the 58
cutters approved under the existing acquisition baseline.
TITLE II--COAST GUARD
Subtitle A--Military Personnel Matters
SEC. 2101. GRADE ON RETIREMENT.
(a) Retirement of Commandant or Vice Commandant.--Section
303 of title 14, United States Code, is amended by adding at
the end the following:
``(d) Retirement under this section is subject to section
2501(a) of this title.''.
(b) Retirement.--Section 306 of title 14, United States
Code, is amended--
(1) in subsection (a), by inserting ``satisfactorily, as
determined under section 2501 of this title'' before the
period;
(2) in subsection (b), by inserting ``satisfactorily, as
determined under section 2501 of this title'' before the
period; and
(3) in subsection (c), by inserting ``if performance of
duties in such grade is determined to have been satisfactory
pursuant to section 2501 of this title'' before the period.
(c) Grade on Retirement.--Section 2501 of title 14, United
States Code, is amended--
(1) in subsection (a)--
(A) by striking ``Any commissioned officer, other than a
commissioned warrant officer,'' and inserting ``Commissioned
Officers.--
``(1) In general.--A commissioned officer'';
(B) by striking ``him'' and inserting ``the commissioned
officer'';
(C) by striking ``his'' and inserting ``the commissioned
officer's''; and
(D) by adding at the end the following:
``(2) Conditional determination.--When a commissioned
officer is under investigation for alleged misconduct at the
time of retirement--
``(A) the Secretary may conditionally determine the highest
grade of satisfactory service of the commissioned officer
pending completion of the investigation; and
``(B) the grade under subparagraph (A) is subject to
resolution under subsection (c)(2).'';
(2) in subsection (b)--
(A) by inserting ``Warrant Officers.--'' after ``(b)'';
(B) by striking ``him'' and inserting ``the warrant
officer''; and
(C) by striking ``his'' and inserting ``the warrant
officer's''; and
(3) by adding at the end the following:
``(c) Retirement in Lower Grade.--
``(1) Misconduct in lower grade.--In the case of a
commissioned officer whom the Secretary determines committed
misconduct in a lower grade, the Secretary may determine the
commissioned officer has not served satisfactorily in any
grade equal to or higher than that lower grade.
``(2) Adverse findings.--A determination of the retired
grade of a commissioned officer shall be resolved following a
conditional determination under subsection (a)(2) if the
investigation of or personnel action against the commissioned
officer results in adverse findings.
``(3) Recalculation of retired pay.--If the retired grade
of a commissioned officer is reduced pursuant to this
subsection, the retired pay of the commissioned officer shall
be recalculated under chapter 71 of title 10, and any
modification of the retired pay of the commissioned officer
shall go into effect on the effective date of the reduction
in retired grade.
``(d) Finality of Retired Grade Determinations.--
``(1) In general.--Except as provided in paragraph (2), a
determination of the retired grade of a commissioned officer
under this section is administratively final on the day the
commissioned officer is retired, and may not be reopened.
``(2) Reopening determinations.--A determination of the
retired grade of a commissioned officer may be reopened if--
``(A) the retirement or retired grade of the commissioned
officer was procured by fraud;
``(B) substantial evidence comes to light after the
retirement that could have led to a lower retired grade under
this section and such evidence was known by competent
authority at the time of retirement;
``(C) a mistake of law or calculation was made in the
determination of the retired grade;
``(D) in the case of a retired grade following a
conditional determination under subsection (a)(2), the
investigation of or personnel action against the commissioned
officer results in adverse findings; or
``(E) the Secretary determines, under regulations
prescribed by the Secretary, that good cause exists to reopen
the determination.
``(3) Requirements.--If a determination of the retired
grade of a commissioned officer is reopened under paragraph
(2), the Secretary--
``(A) shall notify the commissioned officer of the
reopening; and
``(B) may not make an adverse determination on the retired
grade of the commissioned officer until the commissioned
officer has had a reasonable opportunity to respond regarding
the basis of the reopening.
``(4) Recalculation of retired pay.--If the retired grade
of a commissioned officer is reduced through the reopening of
the commissioned officer's retired grade under paragraph (2),
the retired pay of the commissioned officer shall be
recalculated under chapter 71 of title 10, and any
modification of the retired pay of the commissioned officer
shall go into effect on the effective date of the reduction
in retired grade.
``(e) Inapplicability to Commissioned Warrant Officers.--
This section, including subsection (b), shall not apply to
commissioned warrant officers.''.
SEC. 2102. AUTHORITY FOR OFFICERS TO OPT OUT OF PROMOTION
BOARD CONSIDERATION.
(a) Eligibility of Officers for Consideration for
Promotion.--Section 2113 of title 14, United States Code, is
amended by adding at the end the following:
``(g)(1) Notwithstanding subsection (a), the Commandant may
provide that an officer may, upon the officer's request and
with the approval of the Commandant, be excluded from
consideration by a selection board convened under section
2106.
``(2) The Commandant shall approve a request under
paragraph (1) only if--
``(A) the basis for the request is to allow the officer to
complete a broadening assignment, advanced education, another
assignment of significant value to the Coast Guard, a career
progression requirement delayed by the assignment or
education, or a qualifying personal or professional
circumstance, as determined by the Commandant;
``(B) the Commandant determines the exclusion from
consideration is in the best interest of the Coast Guard; and
``(C) the officer has not previously failed of selection
for promotion to the grade for which the officer requests the
exclusion from consideration.''.
(b) Eligibility of Reserve Officer for Promotion.--Section
3743 of title 14, United States Code, is amended to read as
follows:
``Sec. 3743. Eligibility for promotion
``(a) In General.--Except as provided in subsection (b), a
Reserve officer is eligible for consideration for promotion
and for promotion under this subchapter if that officer is in
an active status.
``(b) Exception.--A Reserve officer who has been considered
but not recommended for retention in an active status by a
board convened under subsection 3752(a) of this title is not
eligible for consideration for promotion.
``(c) Request for Exclusion.--
``(1) In general.--The Commandant may provide that an
officer may, upon the officer's request and with the approval
of the Commandant, be excluded from consideration by a
selection board convened under section 3740(b) of this title
to consider officers for promotion to the next higher grade.
``(2) Approval of request.--The Commandant shall approve a
request under paragraph (1) only if--
``(A) the basis for the request is to allow an officer to
complete a broadening assignment, advanced education, another
assignment of significant value to the Coast Guard, a career
progression requirement delayed by the assignment or
education, or a qualifying personal or professional
circumstance, as determined by the Commandant;
``(B) the Commandant determines the exclusion from
consideration is in the best interest of the Coast Guard; and
``(C) the officer has not previously failed of selection
for promotion to the grade for which the officer requests the
exclusion from consideration.''.
SEC. 2103. TEMPORARY PROMOTION AUTHORITY FOR OFFICERS IN
CERTAIN GRADES WITH CRITICAL SKILLS.
(a) In General.--Subchapter I of chapter 21 of title 14,
United States Code, is amended by adding at the end the
following:
``Sec. 2130. Promotion to certain grades for officers with
critical skills: captain, commander, lieutenant commander,
lieutenant
``(a) In General.--An officer in the grade of lieutenant
(junior grade), lieutenant, lieutenant commander, or
commander who is described in subsection (b) may be
temporarily promoted to the grade of lieutenant, lieutenant
commander, commander, or captain under regulations prescribed
by the Secretary. Appointments under this section shall be
made by the President, by and with the advice and consent of
the Senate.
``(b) Covered Officers.--An officer described in this
subsection is any officer in a grade specified in subsection
(a) who--
``(1) has a skill in which the Coast Guard has a critical
shortage of personnel (as determined by the Secretary); and
[[Page H3429]]
``(2) is serving in a position (as determined by the
Secretary) that--
``(A) is designated to be held by a lieutenant, lieutenant
commander, commander, or captain; and
``(B) requires that an officer serving in such position
have the skill possessed by such officer.
``(c) Preservation of Position and Status of Officers
Appointed.--
``(1) The temporary positions authorized under this section
shall not be counted among or included in the list of
positions on the active duty promotion list.
``(2) An appointment under this section does not change the
position on the active duty list or the permanent,
probationary, or acting status of the officer so appointed,
prejudice the officer in regard to other promotions or
appointments, or abridge the rights or benefits of the
officer.
``(d) Board Recommendation Required.--A temporary promotion
under this section may be made only upon the recommendation
of a board of officers convened by the Secretary for the
purpose of recommending officers for such promotions.
``(e) Acceptance and Effective Date of Appointment.--Each
appointment under this section, unless expressly declined,
is, without formal acceptance, regarded as accepted on the
date such appointment is made, and a member so appointed is
entitled to the pay and allowances of the grade of the
temporary promotion under this section beginning on the date
the appointment is made.
``(f) Termination of Appointment.--Unless sooner
terminated, an appointment under this section terminates--
``(1) on the date the officer who received the appointment
is promoted to the permanent grade of lieutenant, lieutenant
commander, commander, or captain;
``(2) on the date the officer is detached from a position
described in subsection (b)(2), unless the officer is on a
promotion list to the permanent grade of lieutenant,
lieutenant commander, commander, or captain, in which case
the appointment terminates on the date the officer is
promoted to that grade;
``(3) when the appointment officer determines that the
officer who received the appointment has engaged in
misconduct or has displayed substandard performance; or
``(4) when otherwise determined by the Commandant to be in
the best interests of the Coast Guard.
``(g) Limitation on Number of Eligible Positions.--An
appointment under this section may only be made for service
in a position designated by the Secretary for the purposes of
this section. The number of positions so designated may not
exceed the following percentages of the respective grades:
``(1) As lieutenant, 0.5 percent.
``(2) As lieutenant commander, 3.0 percent.
``(3) As commander, 2.6 percent.
``(4) As captain, 2.6 percent.''.
(b) Clerical Amendment.--The analysis for subchapter I of
chapter 21 of title 14, United States Code, is amended by
adding at the end the following:
``2130. Promotion to certain grades for officers with critical skills:
captain, commander, lieutenant commander, lieutenant.''.
SEC. 2104. CAREER INTERMISSION PROGRAM.
(a) In General.--Subchapter I of chapter 25 of title 14,
United States Code, is amended by adding at the end the
following:
``Sec. 2514. Career flexibility to enhance retention of
members
``(a) Programs Authorized.--The Commandant may carry out a
program under which members of the Coast Guard may be
inactivated from active service in order to meet personal or
professional needs and returned to active service at the end
of such period of inactivation from active service.
``(b) Period of Inactivation From Active Service; Effect of
Inactivation.--
``(1) In general.--The period of inactivation from active
service under a program under this section of a member
participating in the program shall be such period as the
Commandant shall specify in the agreement of the member under
subsection (c), except that such period may not exceed 3
years.
``(2) Exclusion from years of service.--Any service by a
Reserve officer while participating in a program under this
section shall be excluded from computation of the total years
of service of that officer pursuant to section 14706(a) of
title 10.
``(3) Exclusion from retirement.--Any period of
participation of a member in a program under this section
shall not count toward--
``(A) eligibility for retirement or transfer to the Ready
Reserve under either chapter 841 or 1223 of title 10; or
``(B) computation of retired or retainer pay under chapter
71 or 1223 of title 10.
``(c) Agreement.--Each member of the Coast Guard who
participates in a program under this section shall enter into
a written agreement with the Commandant under which that
member shall agree as follows:
``(1) To accept an appointment or enlist, as applicable,
and serve in the Coast Guard Ready Reserve during the period
of the inactivation of the member from active service under
the program.
``(2) To undergo during the period of the inactivation of
the member from active service under the program such
inactive service training as the Commandant shall require in
order to ensure that the member retains proficiency, at a
level determined by the Commandant to be sufficient, in the
military skills, professional qualifications, and physical
readiness of the member during the inactivation of the member
from active service.
``(3) Following completion of the period of the
inactivation of the member from active service under the
program, to serve 2 months as a member of the Coast Guard on
active service for each month of the period of the
inactivation of the member from active service under the
program.
``(d) Conditions of Release.--The Commandant shall
prescribe regulations specifying the guidelines regarding the
conditions of release that must be considered and addressed
in the agreement required by subsection (c). At a minimum,
the Commandant shall prescribe the procedures and standards
to be used to instruct a member on the obligations to be
assumed by the member under paragraph (2) of such subsection
while the member is released from active service.
``(e) Order to Active Service.--Under regulations
prescribed by the Commandant, a member of the Coast Guard
participating in a program under this section may, in the
discretion of the Commandant, be required to terminate
participation in the program and be ordered to active
service.
``(f) Pay and Allowances.--
``(1) Basic pay.--During each month of participation in a
program under this section, a member who participates in the
program shall be paid basic pay in an amount equal to two-
thirtieths of the amount of monthly basic pay to which the
member would otherwise be entitled under section 204 of title
37 as a member of the uniformed services on active service in
the grade and years of service of the member when the member
commences participation in the program.
``(2) Special or incentive pay or bonus.--
``(A) Prohibition.--A member who participates in such a
program shall not, while participating in the program, be
paid any special or incentive pay or bonus to which the
member is otherwise entitled under an agreement under chapter
5 of title 37 that is in force when the member commences
participation in the program.
``(B) Not treated as failure to perform services.--The
inactivation from active service of a member participating in
a program shall not be treated as a failure of the member to
perform any period of service required of the member in
connection with an agreement for a special or incentive pay
or bonus under chapter 5 of title 37 that is in force when
the member commences participation in the program.
``(3) Return to active service.--
``(A) Special or incentive pay or bonus.--Subject to
subparagraph (B), upon the return of a member to active
service after completion by the member of participation in a
program--
``(i) any agreement entered into by the member under
chapter 5 of title 37 for the payment of a special or
incentive pay or bonus that was in force when the member
commenced participation in the program shall be revived, with
the term of such agreement after revival being the period of
the agreement remaining to run when the member commenced
participation in the program; and
``(ii) any special or incentive pay or bonus shall be
payable to the member in accordance with the terms of the
agreement concerned for the term specified in clause (i).
``(B) Limitation.--
``(i) In general.--Subparagraph (A) shall not apply to any
special or incentive pay or bonus otherwise covered by such
subparagraph with respect to a member if, at the time of the
return of the member to active service as described in that
subparagraph--
``(I) such pay or bonus is no longer authorized by law; or
``(II) the member does not satisfy eligibility criteria for
such pay or bonus as in effect at the time of the return of
the member to active service.
``(ii) Pay or bonus ceases being authorized.--Subparagraph
(A) shall cease to apply to any special or incentive pay or
bonus otherwise covered by such subparagraph with respect to
a member if, during the term of the revived agreement of the
member under subparagraph (A)(i), such pay or bonus ceases
being authorized by law.
``(C) Repayment.--A member who is ineligible for payment of
a special or incentive pay or bonus otherwise covered by this
paragraph by reason of subparagraph (B)(i)(II) shall be
subject to the requirements for repayment of such pay or
bonus in accordance with the terms of the applicable
agreement of the member under chapter 5 of title 37.
``(D) Required service is additional.--Any service required
of a member under an agreement covered by this paragraph
after the member returns to active service as described in
subparagraph (A) shall be in addition to any service required
of the member under an agreement under subsection (c).
``(4) Travel and transportation allowance.--
``(A) In general.--Subject to subparagraph (B), a member
who participates in a program is entitled, while
participating in the program, to the travel and
transportation allowances authorized by section 474 of title
37 for--
``(i) travel performed from the residence of the member, at
the time of release from active service to participate in the
program, to the location in the United States designated by
the member as the member's residence during the period of
participation in the program; and
[[Page H3430]]
``(ii) travel performed to the residence of the member upon
return to active service at the end of the participation of
the member in the program.
``(B) Single residence.--An allowance is payable under this
paragraph only with respect to travel of a member to and from
a single residence.
``(5) Leave balance.--A member who participates in a
program is entitled to carry forward the leave balance
existing as of the day on which the member begins
participation and accumulated in accordance with section 701
of title 10, but not to exceed 60 days.
``(g) Promotion.--
``(1) Officers.--
``(A) In general.--An officer participating in a program
under this section shall not, while participating in the
program, be eligible for consideration for promotion under
chapter 21 or 37 of this title.
``(B) Return to service.--Upon the return of an officer to
active service after completion by the officer of
participation in a program--
``(i) the Commandant may adjust the date of rank of the
officer in such manner as the Commandant may prescribe in
regulations for purposes of this section; and
``(ii) the officer shall be eligible for consideration for
promotion when officers of the same competitive category,
grade, and seniority are eligible for consideration for
promotion.
``(2) Enlisted members.--An enlisted member participating
in a program under this section shall not be eligible for
consideration for advancement during the period that--
``(A) begins on the date of the inactivation of the member
from active service under the program; and
``(B) ends at such time after the return of the member to
active service under the program that the member is treatable
as eligible for promotion by reason of time in grade and such
other requirements as the Commandant shall prescribe in
regulations for purposes of the program.
``(h) Continued Entitlements.--A member participating in a
program under this section shall, while participating in the
program, be treated as a member of the Armed Forces on active
duty for a period of more than 30 days for purposes of--
``(1) the entitlement of the member and of the dependents
of the member to medical and dental care under the provisions
of chapter 55 of title 10; and
``(2) retirement or separation for physical disability
under the provisions of chapter 61 of title 10 and chapters
21 and 23 of this title.''.
(b) Clerical Amendment.--The analysis for subchapter I of
chapter 25 of title 14, United States Code, is amended by
adding at the end the following:
``2514. Career flexibility to enhance retention of members.''.
SEC. 2105. DIRECT COMMISSIONING AUTHORITY FOR INDIVIDUALS
WITH CRITICAL SKILLS.
(a) In General.--Subchapter II of chapter 37 of title 14,
United States Code, is amended by inserting after section
3738 the following:
``Sec. 3738a. Direct commissioning authority for individuals
with critical skills
``An individual with critical skills that the Commandant
considers necessary for the Coast Guard to complete its
missions who is not currently serving as an officer in the
Coast Guard may be commissioned into the Coast Guard at a
grade up to and including commander.''.
(b) Clerical Amendment.--The analysis for subchapter II of
chapter 37 of title 14, United States Code, is amended by
inserting after the item relating to section 3738 the
following:
``3738a. Direct commissioning authority for individuals with critical
skills.''.
(c) Technical Amendment.--The heading for the first chapter
of subtitle III of title 14, United States Code, is amended
by striking ``CHAPTER 1'' and inserting ``CHAPTER 37''.
SEC. 2106. EMPLOYMENT ASSISTANCE.
(a) In General.--Subchapter I of chapter 27 of title 14,
United States Code, is amended by adding at the end the
following:
``Sec. 2713. Employment assistance
``(a) In General.--In order to improve the accuracy and
completeness of a certification or verification of job skills
and experience required by section 1143(a)(1) of title 10,
the Secretary shall--
``(1) establish a database to record all training performed
by members of the Coast Guard that may have application to
employment in the civilian sector; and
``(2) make unclassified information regarding such
information available to States and other potential employers
referred to in section 1143(c) of title 10 so that States and
other potential employers may allow military training to
satisfy licensing or certification requirements to engage in
a civilian profession.
``(b) Form of Certification or Verification.--The Secretary
shall ensure that a certification or verification of job
skills and experience required by section 1143(a)(1) of title
10 is rendered in such a way that States and other potential
employers can confirm the accuracy and authenticity of the
certification or verification.
``(c) Requests by States.--A State may request that the
Secretary confirm the accuracy and authenticity of a
certification or verification of job skills and experience
provided under section 1143(c) of title 10.''.
(b) Clerical Amendment.--The analysis for such subchapter
is amended by adding at the end the following:
``2713. Employment assistance.''.
Subtitle B--Organization and Management Matters
SEC. 2201. CONGRESSIONAL AFFAIRS; DIRECTOR.
(a) In General.--Chapter 3 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 321. Congressional affairs; Director
``The Commandant shall appoint a Director of Congressional
Affairs from among officers of the Coast Guard who are in a
grade above captain. The Director of Congressional Affairs is
separate and distinct from the Director of Governmental and
Public Affairs for the Coast Guard and is the principal
advisor to the Commandant on all congressional and
legislative matters for the Coast Guard and may have such
additional functions as the Commandant may direct.''.
(b) Clerical Amendment.--The analysis for chapter 3 of
title 14, United States Code, is amended by adding at the end
the following:
``321. Congressional affairs; Director.''.
SEC. 2202. LIMITATIONS ON CLAIMS.
(a) Admiralty Claims.--Section 937(a) of title 14, United
States Code, is amended by striking ``$100,000'' and
inserting ``$425,000''.
(b) Claims for Damage to Property of the United States.--
Section 938 of title 14, United States Code, is amended by
striking ``$100,000'' and inserting ``$425,000''.
SEC. 2203. RENEWAL OF TEMPORARY EARLY RETIREMENT AUTHORITY.
Section 219 of the Coast Guard and Maritime Transportation
Act of 2012 (Public Law 112-213; 10 U.S.C. 1293 note) is
amended--
(1) in the matter preceding paragraph (1), by striking
``For fiscal years 2013 through 2018'' and inserting ``For
fiscal years 2019 through 2025''; and
(2) in paragraph (1), by striking ``subsection (c)(2)(A)''
and inserting ``subsection (c)(1)''.
SEC. 2204. MAJOR ACQUISITIONS; OPERATION AND SUSTAINMENT
COSTS.
Section 5103(e)(3) of title 14, United States Code, is
amended--
(1) by redesignating subparagraphs (B) and (C) as
subparagraphs (C) and (D), respectively; and
(2) by inserting after subparagraph (A) the following:
``(B) operate and sustain the cutters and aircraft
described in paragraph (2);''.
SEC. 2205. SUPPORT OF WOMEN SERVING IN THE COAST GUARD.
(a) Action Plan.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Commandant shall--
(A) determine which recommendations in the RAND gender
diversity report can practicably be implemented to promote
gender diversity in the Coast Guard; and
(B) submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the actions the Coast Guard has taken, or
plans to take, to implement such recommendations.
(2) Curriculum and training.--The Commandant shall update
curriculum and training materials used at--
(A) officer accession points, including the Coast Guard
Academy and the Leadership Development Center;
(B) enlisted member accession at the United States Coast
Guard Training Center Cape May in Cape May, New Jersey; and
(C) the officer, enlisted member, and civilian leadership
courses managed by the Leadership Development Center.
Such updates shall reflect actions the Coast Guard has taken,
or plans to take, to carry out the recommendations of the
RAND gender diversity report.
(3) Definition.--In this subsection, the term ``RAND gender
diversity report'' means the RAND Corporation's Homeland
Security Operational Analysis Center 2019 report entitled
``Improving Gender Diversity in the U.S. Coast Guard:
Identifying Barriers to Female Retention''.
(b) Advisory Board on Women at the Coast Guard Academy.--
Chapter 19 of title 14, United States Code, is amended--
(1) by redesignating section 1904 as section 1906;
(2) by inserting after section 1903 the following:
``Sec. 1904. Advisory Board on Women at the Coast Guard
Academy
``(a) In General.--The Superintendent of the Academy shall
establish at the Coast Guard Academy an advisory board to be
known as the Advisory Board on Women at the Coast Guard
Academy (referred to in this section as the `Advisory
Board').
``(b) Membership.--The Advisory Board shall be composed of
not fewer than 12 current cadets of the Coast Guard Academy,
including not fewer than 3 cadets from each current class.
``(c) Appointment; Term.--Cadets shall serve on the
Advisory Board pursuant to appointment by the Superintendent
of the Academy. Appointments shall be made not later than 60
days after the date of the swearing in of a new class of
cadets at the Academy. The term of membership of a cadet on
the Advisory Board shall be 1 academic year.
``(d) Reappointment.--The Superintendent of the Academy may
reappoint not more
[[Page H3431]]
than 6 cadets from the previous term to serve on the Advisory
Board for an additional academic year if the Superintendent
of the Academy determines such reappointment to be in the
best interests of the Coast Guard Academy.
``(e) Meetings.--The Advisory Board shall meet with the
Commandant at least once each academic year on the activities
of the Advisory Board. The Advisory Board shall meet in
person with the Superintendent of the Academy not less than
twice each academic year on the duties of the Advisory Board.
``(f) Duties.--The Advisory Board shall identify
opportunities and challenges facing cadets at the Academy who
are women, including an assessment of culture, leadership
development, and access to health care of cadets at the
Academy who are women.
``(g) Working Groups.--The Advisory Board may establish one
or more working groups to assist the Advisory Board in
carrying out its duties, including working groups composed in
part of cadets at the Academy who are not current members of
the Advisory Board.
``(h) Reports and Briefings.--The Advisory Board shall
regularly provide the Commandant and the Superintendent
reports and briefings on the results of its duties, including
recommendations for actions to be taken in light of such
results. Such reports and briefings may be provided in
writing, in person, or both.''; and
(3) by amending the analysis for such chapter--
(A) by amending the item relating to section 1904 to read
as follows:
``1904. Advisory Board on Women at the Coast Guard Academy.''; and
(B) by adding at the end the following:
``1906. Participation in Federal, State, or other educational research
grants.''.
(c) Advisory Board on Women in the Coast Guard.--Chapter 25
of title 14, United States Code, is amended--
(1) by redesignating subchapter II as subchapter III;
(2) by inserting after subchapter I the following:
``SUBCHAPTER II--ADVISORY BOARD ON WOMEN IN THE COAST GUARD
``Sec. 2521. Advisory Board on Women in the Coast Guard
``(a) In General.--The Commandant shall establish within
the Coast Guard an Advisory Board on Women in the Coast
Guard.
``(b) Membership.--The Advisory Board established under
subsection (a) shall be composed of such number of members as
the Commandant considers appropriate, selected by the
Commandant through a public selection process from among
applicants for membership on the Board. The members of the
Board shall, to the extent practicable, represent the
diversity of the Coast Guard. The members of the Committee
shall include an equal number of each of the following:
``(1) Active duty officers of the Coast Guard.
``(2) Active duty enlisted members of the Coast Guard.
``(3) Members of the Coast Guard Reserve.
``(4) Retired members of the Coast Guard.
``(c) Duties.--The Advisory Board established under
subsection (a)--
``(1) shall advise the Commandant on improvements to the
recruitment, retention, wellbeing, and success of women
serving in the Coast Guard and attending the Coast Guard
Academy, including recommendations for the report on gender
diversity in the Coast Guard required by section 5109 of
chapter 51 of title 14;
``(2) may submit to the Commandant recommendations in
connection with its duties under this subsection, including
recommendations to implement the advice described in
paragraph (1); and
``(3) may brief Congress on its duties under this
subsection, including the advice described in paragraph (1)
and any recommendations described in paragraph (2).''; and
(3) by amending the analysis for such chapter by striking
the items relating to subchapter II and inserting the
following:
``subchapter ii--advisory board on women in the coast guard
``2521. Advisory Board on Women in the Coast Guard.
``subchapter iii--lighthouse service
``2531. Personnel of former Lighthouse Service.''.
(d) Recurring Report.--
(1) In general.--Chapter 51 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 5109. Report on gender diversity in the Coast Guard
``(a) In General.--Not later than January 15, 2022, and
biennially thereafter, the Commandant shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on gender diversity
in the Coast Guard.
``(b) Contents.--The report required under subsection (a)
shall contain the following:
``(1) Gender diversity overview.--An overview of Coast
Guard active duty and reserve members, including the number
of officers and enlisted members and the percentages of men
and women in each.
``(2) Recruitment and retention.--
``(A) An analysis of the changes in the recruitment and
retention of women over the previous 2 years.
``(B) A discussion of any changes to Coast Guard
recruitment and retention over the previous 2 years that were
aimed at increasing the recruitment and retention of female
members.
``(3) Parental leave.--
``(A) The number of men and women who took parental leave
during each year covered by the report, including the average
length of such leave periods.
``(B) A discussion of the ways in which the Coast Guard
worked to mitigate the impacts of parental leave on Coast
Guard operations and on the careers of the members taking
such leave.
``(4) Limitations.--An analysis of current gender-based
limitations on Coast Guard career opportunities, including
discussion of--
``(A) shipboard opportunities;
``(B) opportunities to serve at remote units; and
``(C) any other limitations on the opportunities of female
members.
``(5) Progress update.--An update on the Coast Guard's
progress on the implementation of the action plan required
under subsection (a) of section 2205 of the Elijah E.
Cummings Coast Guard Authorization Act of 2020.''.
(2) Clerical amendment.--The analysis for chapter 51 of
title 14, United States Code, is amended by adding at the end
the following:
``5109. Report on gender diversity in the Coast Guard.''.
SEC. 2206. DISPOSITION OF INFRASTRUCTURE RELATED TO E-LORAN.
Section 914 of title 14, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``date'' and inserting ``later of the date
of the conveyance of the properties directed under section
533(a) of the Coast Guard Authorization Act of 2016 (Public
Law 114-120) or the date''; and
(B) by striking ``determination by the Secretary'' and
inserting ``determination by the Secretary of Transportation
under section 312(d) of title 49''; and
(2) in subsection (c), by striking paragraph (2) and
inserting the following:
``(2) Availability of proceeds.--The proceeds of such
sales, less the costs of sale incurred by the General
Services Administration, shall be deposited into the Coast
Guard Housing Fund for uses authorized under section 2946 of
this title.''.
SEC. 2207. POSITIONS OF IMPORTANCE AND RESPONSIBILITY.
Section 2103(c)(3) of title 14, United States Code, is
amended by striking ``rear admiral (lower half)'' and
inserting ``vice admiral''.
SEC. 2208. RESEARCH PROJECTS; TRANSACTIONS OTHER THAN
CONTRACTS AND GRANTS.
(a) In General.--Chapter 7 of title 14, United States Code,
is amended by adding at the end the following:
``Sec. 719. Research projects; transactions other than
contracts and grants
``(a) Additional Forms of Transactions Authorized.--
``(1) In general.--The Commandant may enter into--
``(A) transactions (other than contracts, cooperative
agreements, and grants) in carrying out basic, applied, and
advanced research projects; and
``(B) agreements with the Director of the Defense Advanced
Research Projects Agency, the Secretary of a military
department, or any other official designated by the Secretary
of Defense under section 2371b of title 10 to participate in
prototype projects and follow-on production contracts or
transactions that are being carried out by such official and
are directly relevant to the Coast Guard's cyber capability
and Command, Control, Communications, Computers, and
intelligence initiatives.
``(2) Additional authority.--The authority under this
subsection is in addition to the authority provided in
section 717 to use contracts, cooperative agreements, and
grants in carrying out such projects.
``(3) Funding.--In carrying out paragraph (1)(B), the
Commandant may use funds made available for--
``(A) operations and support;
``(B) research, development, test, and evaluation; and
``(C) procurement, construction, and improvement.
``(b) Advance Payments.--The authority under subsection (a)
may be exercised without regard to section 3324 of title 31.
``(c) Recovery of Funds.--
``(1) In general.--Subject to subsection (d), a cooperative
agreement for performance of basic, applied, or advanced
research authorized by section 717, and a transaction
authorized by subsection (a), may include a clause that
requires a person or other entity to make payments to the
Coast Guard or any other department or agency of the Federal
Government as a condition for receiving support under the
agreement or transaction, respectively.
``(2) Availability of funds.--The amount of any payment
received by the Federal Government pursuant to a requirement
imposed under paragraph (1) may be credited, to the extent
authorized by the Commandant, to an appropriate
appropriations account. Amounts so credited shall be merged
with other funds in the account and shall be available for
the same purposes and the same period for which other funds
in such account are available.
[[Page H3432]]
``(d) Conditions.--
``(1) In general.--The Commandant shall ensure that to the
extent that the Commandant determines practicable, no
cooperative agreement containing a clause described in
subsection (c)(1), and no transaction entered into under
subsection (a), provides for research that duplicates
research being conducted under existing programs carried out
by the Coast Guard.
``(2) Other agreements not feasible.--A cooperative
agreement containing a clause described in subsection (c)(1),
or under a transaction authorized by subsection (a), may be
used for a research project only if the use of a standard
contract, grant, or cooperative agreement for such project is
not feasible or appropriate.
``(e) Education and Training.--The Commandant shall--
``(1) ensure that management, technical, and contracting
personnel of the Coast Guard involved in the award or
administration of transactions under this section or other
innovative forms of contracting are afforded opportunities
for adequate education and training; and
``(2) establish minimum levels and requirements for
continuous and experiential learning for such personnel,
including levels and requirements for acquisition
certification programs.
``(f) Protection of Certain Information From Disclosure.--
``(1) In general.--Disclosure of information described in
paragraph (2) is not required, and may not be compelled,
under section 552 of title 5 for 5 years after the date on
which the information is received by the Coast Guard.
``(2) Limitation.--
``(A) In general.--Paragraph (1) applies to information
described in subparagraph (B) that is in the records of the
Coast Guard only if the information was submitted to the
Coast Guard in a competitive or noncompetitive process having
the potential for resulting in an award, to the party
submitting the information, of a cooperative agreement for
performance of basic, applied, or advanced research
authorized by section 717 or another transaction authorized
by subsection (a).
``(B) Information described.--The information referred to
in subparagraph (A) is the following:
``(i) A proposal, proposal abstract, and supporting
documents.
``(ii) A business plan submitted on a confidential basis.
``(iii) Technical information submitted on a confidential
basis.
``(g) Regulations.--The Commandant shall prescribe
regulations, as necessary, to carry out this section.
``(h) Annual Report.--On the date on which the President
submits to Congress a budget pursuant to section 1105 of
title 31, the Commandant shall submit to the Committees on
Appropriations and Transportation and Infrastructure of the
House of Representatives and the Committees on Appropriations
and Commerce, Science, and Transportation of the Senate a
report describing each use of the authority provided under
this section during the most recently completed fiscal year,
including details of each use consisting of--
``(1) the amount of each transaction;
``(2) the entities or organizations involved;
``(3) the product or service received;
``(4) the research project for which the product or service
was required; and
``(5) the extent of the cost sharing among Federal
Government and non-Federal sources.''.
(b) Clerical Amendment.--The analysis for chapter 7 of
title 14, United States Code, is amended by adding at the end
the following:
``719. Research projects; transactions other than contracts and
grants.''.
SEC. 2209. ACQUISITION WORKFORCE AUTHORITIES.
(a) In General.--Subchapter I of chapter 11 of title 14,
United States Code, is amended by adding at the end the
following:
``Sec. 1111. Acquisition workforce authorities
``(a) Expedited Hiring Authority.--
``(1) In general.--For the purposes of section 3304 of
title 5, the Commandant may--
``(A) designate any category of acquisition positions
within the Coast Guard as shortage category positions; and
``(B) use the authorities in such section to recruit and
appoint highly qualified persons directly to positions so
designated.
``(2) Reports.--The Commandant shall include in reports
under section 1102 information described in such section
regarding positions designated under this subsection.
``(b) Reemployment Authority.--
``(1) In general.--Except as provided in paragraph (2), if
an annuitant receiving an annuity from the Civil Service
Retirement and Disability Fund becomes employed in any
category of acquisition positions designated by the
Commandant under subsection (a), the annuity of the annuitant
so employed shall continue. The annuitant so reemployed shall
not be considered an employee for purposes of subchapter III
of chapter 83 or chapter 84 of title 5.
``(2)(A) Election.--An annuitant retired under section
8336(d)(1) or 8414(b)(1)(A) of title 5, receiving an annuity
from the Civil Service Retirement and Disability Fund, who
becomes employed in any category of acquisition positions
designated by the Commandant under subsection (a) after the
date of the enactment of the Elijah E. Cummings Coast Guard
Authorization Act of 2020, may elect to be subject to section
8344 or 8468 of such title (as the case may be).
``(i) Deadline.--An election for coverage under this
subsection shall be filed not later than 90 days after the
Commandant takes reasonable actions to notify an employee who
may file an election.
``(ii) Coverage.--If an employee files an election under
this subsection, coverage shall be effective beginning on the
first day of the first applicable pay period beginning on or
after the date of the filing of the election.
``(B) Application.--Paragraph (1) shall apply to an
individual who is eligible to file an election under
subparagraph (A) and does not file a timely election under
clause (i) of such subparagraph.''.
(b) Clerical Amendment.--The analysis for subchapter I of
chapter 11 of title 14, United States Code, is amended by
adding at the end the following:
``1111. Acquisition workforce authorities.''.
(c) Repeal of Superseded Authority.--Section 404 of the
Coast Guard Authorization Act of 2010 (Public Law 111-281) is
repealed.
SEC. 2210. VESSEL CONVERSION, ALTERATION, AND REPAIR
PROJECTS.
(a) In General.--Notwithstanding any provision of the Small
Business Act (15 U.S.C. 631 et seq.) and any regulation or
policy implementing such Act, the Commandant may use full and
open competitive procedures, as prescribed in section 2304 of
title 10, United States Code, to acquire maintenance and
repair services for vessels with a homeport in Coast Guard
District 17.
(b) Applicability.--Subsection (a) shall apply only if
there are not at least 2 qualified small businesses located
in Coast Guard District 17 that are able and available to
provide the services described in such subsection.
(c) Limitation.--The full and open competitive procedures
described in subsection (a) may only be used to acquire such
services from a business located in Coast Guard District 17
that is able and available to provide such services.
SEC. 2211. MODIFICATION OF ACQUISITION PROCESS AND
PROCEDURES.
(a) Extraordinary Relief.--
(1) In general.--Subchapter III of chapter 11 of title 14,
United States Code, is amended by adding at the end the
following:
``Sec. 1157. Extraordinary relief
``(a) In General.--With respect to any prime contracting
entity receiving extraordinary relief pursuant to the Act
entitled `An Act to authorize the making, amendment, and
modification of contracts to facilitate the national
defense', approved August 28, 1958 (Public Law 85-804; 50
U.S.C. 1432 et seq.) for a major acquisition, the Secretary
shall not consider any further request by the prime
contracting entity for extraordinary relief under such Act
for such major acquisition.
``(b) Inapplicability to Subcontractors.--The limitation
under subsection (a) shall not apply to subcontractors of a
prime contracting entity.
``(c) Quarterly Report.--Not less frequently than quarterly
during each fiscal year in which extraordinary relief is
approved or provided to an entity under the Act referred to
in subsection (a) for the acquisition of Offshore Patrol
Cutters, the Commandant shall provide to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives a report that describes in detail such
relief and the compliance of the entity with the oversight
measures required as a condition of receiving such relief.''.
(3) Analysis for chapter 11.--The analysis for chapter 11
of title 14, United States Code, is amended by inserting
after the item relating to section 1156 the following:
``1157. Extraordinary relief.''.
(b) Notice to Congress With Respect to Breach of
Contract.--Section 1135 of title 14, United States Code, is
amended by adding at the end the following:
``(d) Notice to Congress With Respect to Breach of
Contract.--Not later than 48 hours after the Commandant
becomes aware that a major acquisition contract cannot be
carried out under the terms specified in the contract, the
Commandant shall provide a written notification to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives that includes--
``(1) a description of the terms of the contract that
cannot be met; and
``(2) an assessment of whether the applicable contract
officer has issued a cease and desist order to the contractor
based on the breach of such terms of the contract.''.
SEC. 2212. ESTABLISHMENT AND PURPOSE OF FUND; DEFINITION.
Section 1461(a) of title 10, United States Code, is amended
by inserting ``and the Coast Guard'' after ``liabilities of
the Department of Defense''.
SEC. 2213. PAYMENTS FROM FUND.
Section 1463(a) of title 10, United States Code, is
amended--
(1) in paragraph (1) by striking ``and Marine Corps'' and
inserting ``Marine Corps, and Coast Guard'';
(2) in paragraph (2) by striking ``(other than retired pay
payable by the Secretary of Homeland Security)''; and
(3) in paragraph (4) by inserting ``and the Department of
Homeland Security that'' after ``Department of Defense''.
[[Page H3433]]
SEC. 2214. DETERMINATION OF CONTRIBUTIONS TO FUND.
Section 1465 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) by striking ``(a) Not'' and inserting the following:
``(a)(1) Not''; and
(B) by adding at the end the following:
``(2) Not later than October 1, 2022, the Board of
Actuaries shall determine the amount that is the present
value (as of September 30, 2022) of future benefits payable
from the Fund that are attributable to service in the Coast
Guard performed before October 1, 2022. That amount is the
original Coast Guard unfunded liability of the Fund. The
Board shall determine the period of time over which the
original Coast Guard unfunded liability should be liquidated
and shall determine an amortization schedule for the
liquidation of such liability over that period. Contributions
to the Fund for the liquidation of the original Coast Guard
unfunded liability in accordance with such schedule shall be
made as provided in section 1466(b) of this title.'';
(2) in subsection (b)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A)--
(I) by inserting ``, in consultation with the Secretary of
the department in which the Coast Guard is operating,'' after
``Secretary of Defense'' ; and
(II) by inserting ``and Coast Guard'' after ``Department of
Defense'';
(ii) in subparagraph (A)(ii) by striking ``(other than the
Coast Guard)'' and inserting ``members of the Armed Forces'';
and
(iii) in subparagraph (B)(ii) by striking ``(other than the
Coast Guard)'';
(B) in paragraph (2) by inserting ``the Coast Guard Retired
Pay account and the'' after ``appropriated to''; and
(C) in paragraph (3) by inserting ``and Coast Guard'' after
``Department of Defense'';
(3) in subsection (c)--
(A) in paragraph (1)--
(i) in the matter preceding subparagraph (A) by inserting
``, in consultation with the Secretary of the department in
which the Coast Guard is operating,'' after ``Secretary of
Defense'';
(ii) in subparagraph (A) by striking ``(other than the
Coast Guard)'' and inserting ``members of the Armed Forces'';
(iii) in subparagraph (B) by striking ``(other than the
Coast Guard)'';
(B) in paragraph (2) by inserting ``, in consultation with
the Secretary of the department in which the Coast Guard is
operating,'' after ``Secretary of Defense'';
(C) in paragraph (3) by inserting ``, in consultation with
the Secretary of the department in which the Coast Guard is
operating,'' after ``Secretary of Defense'';
(4) in subsection (e) by striking ``Secretary of Defense
shall'' and inserting ``Secretary of Defense and, with regard
to the Coast Guard, the Secretary of the department in which
the Coast Guard is operating''.
SEC. 2215. PAYMENTS INTO FUND.
Section 1466 of title 10, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1)--
(i) by striking ``Secretary of Defense shall'' and
inserting ``Secretary of Defense and the Secretary of the
department in which the Coast Guard is operating, with
respect to the Coast guard, shall''; and
(ii) by striking ``each month as the Department of Defense
contribution'' and inserting ``each month the respective pro
rata share contribution of the Secretary of Defense and the
Secretary of the department in which the Coast Guard is
operating''; and
(B) in paragraph (1)(B) by striking ``(other than the Coast
Guard)''; and
(C) by striking the flush language following paragraph
(1)(B) and inserting the following new subsection:
``(b) Amounts paid into the Fund under this subsection
shall be paid from funds available for as appropriate--
``(1) the pay of members of the armed forces under the
jurisdiction of the Secretary of a military department; or
``(2) the Retired Pay appropriation for the Coast Guard.'';
(2) by redesignating subsections (b) and (c) as subsections
(c) and (d), respectively; and
(3) in subsection (c) (as so redesignated)--
(A) in paragraph (2)(A) by striking ``liability of the
Fund.'' and inserting ``liabilities of the Fund for the
Department of Defense and the Coast Guard.''; and
(B) in paragraph (3) by inserting ``and the Secretary of
the Department in which the Coast Guard is operating'' before
``shall promptly''.
Subtitle C--Access to Child Care for Coast Guard Families
SEC. 2301. REPORT ON CHILD CARE AND SCHOOL-AGE CARE
ASSISTANCE FOR QUALIFIED FAMILIES.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report on child care and school-age care
options available to qualified families.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) Financial assistance.--
(A) An assessment of--
(i) the subsidies and financial assistance for child care
and school-age care made available by the Coast Guard to
qualified families; and
(ii) the extent to which qualified families have taken
advantage of such subsidies and assistance.
(B) The average number of days between--
(i) the date on which an application for a subsidy or other
financial assistance for child care or school-age care is
submitted by a qualified family; and
(ii) upon approval of an application, the date on which
such subsidy or assistance is received by the qualified
family.
(C) Recommendations for streamlining the payment of such
subsidies and financial assistance.
(D) The amount of funding allocated to such subsidies and
financial assistance.
(E) The remaining costs for child care or school-age care
to qualified families that are not covered by the Coast
Guard.
(F) A description of barriers to access to such subsidies
and financial assistance.
(G) The number of qualified families that do not receive
any such subsidies or financial assistance.
(2) Regulation of child care services.--
(A) An assessment of--
(i) the regulations of States with respect to child care
services (such as staffing, space and furnishings, safety,
curriculum requirements, and allowable care hours); and
(ii) the effect that differences in such regulations may
have on access to child care for qualified families.
(B) An assessment of--
(i) the regulations of the Coast Guard and the Department
of Defense with respect to child development centers and
other child care providers (including school-age care
providers), and a comparison of such regulations with similar
State regulations; and
(ii) the effect that such regulations may have on access to
child care and school-age care for qualified families.
(C) The number of qualified families, and children, that do
not have access to a Coast Guard child development center for
child care.
(3) Parity with department of defense.--The differences
between child care and school-age care services offered by
the Coast Guard and child care and school-age care
authorities of the Coast Guard and the Department of Defense
relating to the following:
(A) Authorized uses of appropriated funds for child care
and school-age care services.
(B) Access to, and total capacity of, Coast Guard child
development centers and Department of Defense child
development centers.
(C) Child care and school-age care programs or policy.
(D) Coast Guard and Department of Defense programs to
provide additional assistance to members and civilian
employees with respect to child care and school-age care
options.
(E) Respite care programs.
(F) Nonappropriated funds.
(G) Coast Guard family child care centers.
(H) Coast Guard and Department of Defense publicly
available online resources for families seeking military
child care and school-age care.
(4) Feasibility.--An analysis of the feasibility of the
Commandant entering into agreements with private child care
and school-age care service providers to provide child care
and school-age care for qualified families.
(5) Availability.--An analysis of the availability of child
care and school-age care for qualified families, including
accessibility after normal work hours, proximity, and total
capacity.
(6) Recommendations.--Recommendations--
(A) to improve access to child care and school-age care for
qualified families;
(B) to ensure parity between the Coast Guard and the
Department of Defense with respect to child care and school-
age care;
(C) to expand access to child care and school-age care for
all qualified families, including qualified families that
have a child with special needs; and
(D) to ensure that regional child care and child
development center needs at the unit, sector, or district
level are identified, assessed, and reasonably evaluated by
the Commandant for future infrastructure needs.
(7) Other matters.--A description or analysis of any other
matter the Comptroller General considers relevant to the
improvement of expanded access to child care and school-age
care for qualified families.
SEC. 2302. REVIEW OF FAMILY SUPPORT SERVICES WEBSITE AND
ONLINE TRACKING SYSTEM.
(a) Memorandum of Understanding.--
(1) In general.--The Commandant shall enter into a
memorandum of understanding with the Secretary of Defense to
enable qualified families to access the website at https://
militarychildcare.com (or a successor website) for purposes
of Coast Guard family access to information with respect to
State-accredited child development centers and other child
care support services as such services become available from
the Department of Defense through such website. The
memorandum shall provide for the expansion of the
geographical areas covered by such website, including regions
in which qualified families live that are not yet covered by
the program.
(2) Inclusion of child development centers accessible under
pilot program.--The
[[Page H3434]]
information accessible pursuant to the memorandum of
understanding required by paragraph (1) shall include
information with respect to any child development center
accessible pursuant to the pilot program under section 2304.
(3) Electronic registration, payment, and tracking
system.--Not later than 1 year after the date of the
enactment of this Act, the Commandant shall develop and
maintain an internet website of the Coast Guard accessible to
qualified families to carry out the following activities:
(A) Register children for a Coast Guard child development
center.
(B) Make online child care payments to a Coast Guard child
development center.
(C) Track the status of a child on the wait list of a Coast
Guard child development center, including the placement and
position of the child on the wait list.
(b) Wait List.--
(1) In general.--The Commandant shall maintain a record of
the wait list for each Coast Guard child development center.
(2) Matters to be included.--Each record under paragraph
(1) shall include the following:
(A) The total number of children of qualified families on
the wait list.
(B) With respect to each child on the wait list--
(i) the age of the child;
(ii) the number of days the child has been on the wait
list;
(iii) the position of the child on the wait list;
(iv) any special needs consideration; and
(v) information on whether a sibling of the child is on the
wait list of, or currently enrolled in, the Coast Guard child
development center concerned.
(3) Requirement to archive.--Information placed in the
record of a Coast Guard child development center under
paragraph (1) shall be archived for a period of not less than
10 years after the date of its placement in the record.
SEC. 2303. STUDY AND SURVEY ON COAST GUARD CHILD CARE NEEDS.
(a) Study.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and for each of the 2 fiscal years
thereafter, the Commandant shall conduct a study on the child
care needs of qualified families that incorporates--
(A) the results of the survey under subsection (b); and
(B) any other information the Commandant considers
appropriate to ensure adequate tracking and future needs-
based assessments with respect to adequate access to Coast
Guard child development centers.
(2) Consultation.--In conducting a study under paragraph
(1), the Commandant may consult a federally funded research
and development center.
(3) Scope of data.--The data obtained through each study
under paragraph (1) shall be obtained on a regional basis,
including by Coast Guard unit, sector, and district.
(b) Survey.--
(1) In general.--Together with each study under subsection
(a), and annually as the Commandant considers appropriate,
the Commandant shall carry out a survey of individuals
described in paragraph (2) on access to Coast Guard child
development centers.
(2) Participants.--
(A) In general.--The Commandant shall seek the
participation in the survey of the following Coast Guard
individuals:
(i) Commanding officers, regardless of whether the
commanding officers have children.
(ii) Regular and reserve personnel.
(iii) Spouses of individuals described in clauses (i) and
(ii).
(B) Scope of participation.--Individuals described in
clauses (i) through (iii) of subparagraph (A) shall be
surveyed regardless of whether such individuals use or have
access to Coast Guard child development centers or other
Federal child care facilities.
(C) Voluntary participation.--Participation of any
individual described in subparagraph (A) in a survey shall be
on a voluntary basis.
(c) Availability.--On request, the Commandant shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives the results of
any study or survey under this section.
SEC. 2304. PILOT PROGRAM TO EXPAND ACCESS TO CHILD CARE.
(a) In General.--Commencing not later than 60 days after
the date on which the report under section 2301 is submitted,
the Commandant shall carry out a pilot program, based on the
recommendations provided in such report, to expand access to
public or private child development centers for qualified
families.
(b) Duration.--The duration of the pilot program under
subsection (a) shall be not more than 3 years beginning on
the date on which the pilot program is established.
(c) Discharge on District Basis.--The Commandant--
(1) may carry out the pilot program on a district basis;
and
(2) shall include in the pilot program remote and urban
locations.
(d) Reservation of Child Care Slots.--As part of the pilot
program, the Commandant shall seek to enter into one or more
memoranda of understanding with one or more child development
centers to reserve slots for qualified families in locations
in which--
(1) the Coast Guard lacks a Coast Guard child development
center; or
(2) the wait lists for the nearest Coast Guard child
development center or Department of Defense child development
center, where applicable, indicate that qualified families
may not be accommodated.
(e) Annual Assessment of Results.--As part of any study
conducted pursuant to section 2303(a) after the end of the 1-
year period beginning with the commencement of the pilot
program, the Commandant shall also undertake a current
assessment of the impact of the pilot program on access to
child development centers for qualified families. The
Commandant shall include the results of any such assessment
in the results of the most current study or survey submitted
pursuant to section 2303(a).
SEC. 2305. IMPROVEMENTS TO COAST GUARD-OWNED FAMILY HOUSING.
Section 2922(b) of title 14, United States Code, is amended
by adding at the end the following:
``(4) To the maximum extent practicable, the Commandant
shall ensure that, in a location in which Coast Guard family
child care centers (as such term is defined in section 2309
of the Elijah E. Cummings Coast Guard Authorization Act of
2020) are necessary to meet the demand for child care for
qualified families (as such term is defined in such section),
not fewer than two housing units are maintained in accordance
with safety inspection standards so as to accommodate family
child care providers.''.
SEC. 2306. BRIEFING ON TRANSFER OF FAMILY CHILD CARE PROVIDER
QUALIFICATIONS AND CERTIFICATIONS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Commandant shall brief the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives on the feasibility of
developing a policy to allow the transfer of a Coast Guard-
mandated family child care provider qualification or
certification between Coast Guard-owned housing units if, as
determined by the Commandant--
(1) the qualification or certification is not expired;
(2) the transfer of the qualification or certification
would not pose a danger to any child in the care of the
family child care provider; and
(3) the transfer would expedite the ability of the family
child care provider to establish, administer, and provide
family home daycare in a Coast Guard-owned housing unit.
(b) Briefing Element.--The briefing required by subsection
(a) shall include analysis of options for transferring a
Coast Guard-mandated family child care provider qualification
or certification as described in that subsection, and of any
legal challenges associated with such transfer.
(c) Rule of Construction.--The policy under subsection (a)
shall not be construed to supersede any other applicable
Federal, State, or local law (including regulations) relating
to the provision of child care services.
SEC. 2307. INSPECTIONS OF COAST GUARD CHILD DEVELOPMENT
CENTERS AND FAMILY CHILD CARE PROVIDERS.
(a) Inspections.--Section 2923 of title 14, United States
Code, is amended by striking subsection (b) and inserting the
following:
``(b) Inspections.--
``(1) In general.--Not less than twice annually, the
Commandant shall ensure that each Coast Guard child
development center is subject to an unannounced inspection.
``(2) Responsibility for inspections.--Of the biannual
inspections under paragraph (1)--
``(A) 1 shall be carried out by a representative of the
Coast Guard installation served by the Coast Guard child
development center concerned; and
``(B) 1 shall be carried out by a representative of the
Coast Guard child development services work-life programs.''.
(b) Family Child Care Providers.--
(1) In general.--Chapter 29 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 2926. Family child care providers
``(a) In General.--Not less frequently than quarterly, the
Commandant shall ensure that each family child care provider
is subject to inspection.
``(b) Responsibility for Inspections.--Of the quarterly
inspections under subsection (a) each year--
``(1) 3 inspections shall be carried out by a
representative of the Coast Guard installation served by the
family child care provider concerned; and
``(2) 1 inspection shall be carried out by a representative
of the Coast Guard child development services work-life
programs.''.
(2) Clerical amendment.--The analysis for chapter 29 of
title 14, United States Code, is amended by adding at the end
the following:
``2926. Family child care providers.''.
SEC. 2308. EXPANDING OPPORTUNITIES FOR FAMILY CHILD CARE.
Not later than 1 year after the date of the enactment of
this Act, the Commandant shall--
(1) establish a procedure to allow Coast Guard family child
care centers to occur at off-base housing, including off-base
housing owned or subsidized by the Coast Guard; and
(2) establish a procedure to ensure that all requirements
with respect to such family
[[Page H3435]]
child care programs are met, including home inspections.
SEC. 2309. DEFINITIONS.
In this subtitle:
(1) Coast guard child development center.--The term ``Coast
Guard child development center'' has the meaning given that
term in section 2921(3) of title 14, United States Code.
(2) Coast guard family child care center.--The term ``Coast
Guard family child care center'' means a location at which
family home daycare is provided.
(3) Family child care provider.--The term ``family child
care provider'' means an individual who provides family home
daycare.
(4) Family home daycare.--The term ``family home daycare''
has the meaning given that term in section 2921(5) of title
14, United States Code.
(5) Qualified family.--The term ``qualified family'' means
any regular, reserve, or retired member of the Coast Guard,
and any civilian employee of the Coast Guard, with one or
more dependents.
Subtitle D--Reports
SEC. 2401. MODIFICATIONS OF CERTAIN REPORTING REQUIREMENTS.
(a) Especially Hazardous Cargo.--Subsection (e) of section
70103 of title 46, United States Code, is amended to read as
follows:
``(e) Especially Hazardous Cargo.--
``(1) Enforcement of security zones.--Consistent with other
provisions of Federal law, the Coast Guard shall coordinate
and be responsible for the enforcement of any Federal
security zone established by the Coast Guard around a vessel
containing especially hazardous cargo. The Coast Guard shall
allocate available resources so as to deter and respond to a
transportation security incident, to the maximum extent
practicable, and to protect lives or protect property in
danger.
``(2) Especially hazardous cargo defined.--In this
subsection, the term `especially hazardous cargo' means
anhydrous ammonia, ammonium nitrate, chlorine, liquefied
natural gas, liquefied petroleum gas, and any other
substance, material, or group or class of material, in a
particular amount and form that the Secretary determines by
regulation poses a significant risk of creating a
transportation security incident while being transported in
maritime commerce.''.
(b) Compliance With Security Standards.--Section 809 of the
Coast Guard and Maritime Transportation Act of 2004 (Public
Law 108-293; 46 U.S.C. 70101 note) is amended by striking
subsections (g) and (i).
(c) Marine Safety Long-Term Strategy.--Section 2116 of
title 46, United States Code, is amended--
(1) in subsection (a), by striking ``The strategy shall
include the issuance of a triennial plan'' and inserting
``The 5-year strategy shall include the issuance of a plan'';
(2) in subsection (b)--
(A) in the subsection heading, by striking ``Contents of
Strategy and Triennial Plans'' and inserting ``5-Year
Strategy and Plan'';
(B) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``strategy and triennial plans'' and
inserting ``5-year strategy and plan''; and
(C) in paragraph (2)--
(i) in the matter preceding subparagraph (A), by striking
``strategy and triennial plans'' and inserting ``5-year
strategy and plan''; and
(ii) in subparagraph (A), by striking ``plans'' and
inserting ``plan'';
(3) in subsection (c)--
(A) by striking ``Beginning with fiscal year 2020 and
triennially thereafter, the Secretary'' and inserting ``Not
later than 5 years after the date of the enactment of the
Elijah E. Cummings Coast Guard Authorization Act of 2020, and
every 5 years thereafter, the Secretary''; and
(B) by striking ``triennial''; and
(4) in subsection (d)--
(A) in paragraph (1), by striking ``No less frequently than
semiannually'' and inserting ``In conjunction with the
submission of the 5-year strategy and plan''; and
(B) in paragraph (2)--
(i) in the heading, by striking ``Report to congress'' and
inserting ``Periodic briefings'';
(ii) in the matter preceding subparagraph (A), by striking
``report triennially'' and all that follows through ``the
Senate'' and inserting ``periodically brief the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives'';
(iii) in subparagraph (A)--
(I) by striking ``annual''; and
(II) by striking ``for the year covered by the report'' and
inserting ``for the period covered by the briefing''; and
(iv) in subparagraph (B)(ii), by striking ``plans'' and
inserting ``plan''.
(d) Abandoned Seafarers Fund.--Section 11113(a) of title
46, United States Code, is amended--
(1) in paragraph (4), by striking ``On the date'' and
inserting ``Except as provided in paragraph (5), on the
date''; and
(2) by adding at the end the following:
``(5) No report required.--A report under paragraph (4)
shall not be required if there were no expenditures from the
Fund in the preceding fiscal year. The Commandant shall
notify Congress in the event a report is not required under
paragraph (4) by reason of this paragraph.''.
(e) Major Acquisition Program Risk Assessment.--Section
5107 of title 14, United States Code, is amended--
(1) in subsection (a), by striking ``April 15 and October
15'' and inserting ``October 15''; and
(2) in subsection (b)--
(A) in paragraph (2), by striking ``the 2 fiscal-year
quarters preceding such assessment'' and inserting ``the
previous fiscal year'';
(B) in paragraph (3), by striking ``such 2 fiscal-year
quarters'' and inserting ``such fiscal year'';
(C) in paragraph (4), by striking ``such 2 fiscal-year
quarters'' and inserting ``such fiscal year''; and
(D) in paragraph (5), by striking ``such 2 fiscal-year
quarters'' and inserting ``such fiscal year''.
SEC. 2402. REPORT ON CYBERSECURITY WORKFORCE.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on how the Coast
Guard plans to establish a workforce with the cybersecurity
expertise to provide prevention assessments and response
capacity to Operational Technology and Industrial Control
Systems in national port and maritime environments.
(b) Contents.--The report under subsection (a) shall
include the following:
(1) A description of the number and skills of active duty
and reserve Coast Guard members expected for initial
operating capacity and full operating capacity of the
workforce described in subsection (a).
(2) A description of the career development path for
officers and enlisted members participating in the workforce.
(3) A determination of how the workforce will fulfill the
cybersecurity needs of the Area Maritime Security Council and
United States port environments.
(4) A determination of how the workforce will integrate
with the Hunt and Incident Response and Assessment Teams of
the Cyber and Infrastructure Security Agency of the
Department of Homeland Security.
(5) An assessment of successful models used by other Armed
Forces, including the National Guard, to recruit, maintain,
and utilize a cyber workforce, including the use of Reserve
personnel for that purpose.
SEC. 2403. REPORT ON NAVIGATION AND BRIDGE RESOURCE
MANAGEMENT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the training and
qualification processes of the Coast Guard for deck watch
officers, with a specific focus on basic navigation, bridge
resource management, crew rest, and qualification processes.
(b) Contents.--The report under subsection (a) shall
include the following:
(1) Recommendations for improving prearrival training, if
necessary, and an assessment of how commercial industry best
practices on prearrival training can be incorporated into
military at sea watchkeeping.
(2) A detailed description of the deck watch officer
assessment process of the Coast Guard.
(3) A list of programs that have been approved for credit
toward merchant mariner credentials.
(4) A complete analysis of the gap between the existing
curriculum for deck watch officer training and the Standards
of Training, Certification, and Watchkeeping for officer in
charge of a navigational watch at the operational level,
Chief level, and Master level.
(5) A complete analysis of the gap between the existing
training curriculum for deck watch officers and the licensing
requirement for 3rd mate unlimited, Chief, and Master.
(6) An assessment of deck watch officer options to complete
the 3rd mate unlimited license and the qualification under
the Standards of Training, Certification, and Watchkeeping
for officer in charge of a navigational watch.
(7) An assessment of senior deck watch officer options to
complete the Chief Mate and Master unlimited license and the
qualification under the Standards of Training, Certification,
and Watchkeeping for Chief Mate and Master.
SEC. 2404. REPORT ON HELICOPTER LIFE-CYCLE SUPPORT AND
RECAPITALIZATION.
Not later than 180 days after the date of the enactment of
this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives a report that--
(1) includes an updated fleet life-cycle analysis and
service life extension plan that includes dynamic components,
and which clearly demonstrates the mission viability of the
MH-65 through anticipated fleet recapitalization;
(2) includes a realistic sustainment budget necessary to
achieve the operational availability rates necessary to meet
MH-65 mission requirements through fleet recapitalization;
[[Page H3436]]
(3) includes an update on the status of the Coast Guard MH-
65 helicopter recapitalization; and
(4) includes a description of any alternative, available,
and cost-effective Government and civil systems, or updates,
that the Coast Guard is considering for MH-65 operational
missions, including Coast Guard cutter deployability
requirements, in the event of delays to the future vertical
lift program of the Coast Guard.
SEC. 2405. REPORT ON COAST GUARD RESPONSE CAPABILITIES FOR
CYBER INCIDENTS ON VESSELS ENTERING PORTS OR
WATERS OF THE UNITED STATES.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the response
capabilities of the Coast Guard with respect to cyber
incidents on vessels entering ports or waters of the United
States.
(b) Review.--The report under subsection (a) shall include
a review of each of the following:
(1) The number and type of commercial vessels of the United
States subject to regulations under part 104 of title 33,
Code of Federal Regulations (or any corresponding similar
regulation or ruling).
(2) Policies and guidance issued by the Commandant, in
accordance with guidelines on cyber risk management of the
International Maritime Organization, to vessels of the United
States.
(3) Measures to be taken by owners or operators of
commercial vessels of the United States to increase
cybersecurity posture on such vessels.
(4) Responses of the Commandant to cyber incidents on
vessels described in paragraph (1) prior to the date of the
enactment of this Act.
(5) Response protocols followed by personnel of the Coast
Guard to a cyber incident on any vessel described in
paragraph (1) experienced while that vessel is traveling to
ports or waters of the United States.
(6) Oversight by the Commandant of--
(A) vessel-to-facility interface, as defined in section
101.105 of title 33, Code of Federal Regulations (or any
corresponding similar regulation or ruling); and
(B) actions taken by the Coast Guard in coordination with
vessel and facility owners and operators to protect
commercial vessels and port facility infrastructure from
cyber attacks and proliferation.
(7) Requirements of the Commandant for the reporting of
cyber incidents that occur on the vessels described in
paragraph (1).
(c) Recommendations and Appropriations.--The Commandant
shall include in the report under subsection (a)--
(1) recommendations--
(A) to improve cyber incident response; and
(B) for policies to address gaps identified by the review
under subsection (b); and
(2) a description of authorities and appropriations
necessary to improve the preparedness of the Coast Guard for
cyber incidents on vessels entering ports or waters of the
United States and the ability of the Coast Guard to prevent
and respond to such incidents.
(d) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a
classified annex.
(e) Vessel of the United States Defined.--In this section,
the term ``vessel of the United States'' has the meaning
given such term in section 116 of title 46, United States
Code.
SEC. 2406. STUDY AND REPORT ON COAST GUARD INTERDICTION OF
ILLICIT DRUGS IN TRANSIT ZONES.
(a) Findings.--Congress makes the following findings:
(1) The Coast Guard seizes an average of 1,221 pounds of
cocaine and 85 pounds of marijuana each day in the transit
zones of the Eastern Pacific Ocean, Caribbean Sea, and
Southern maritime border approaches.
(2) The Joint Interagency Task Force-South (JIATF-South)
estimates that it has a spectrum of actionable intelligence
on more than 80 percent of drug movements into the United
States from Central America and South America.
(3) The Coast Guard must balance asset allocation across 11
statutory missions. As such, the Coast Guard interdicts less
than 10 percent of maritime noncommercial smuggling of
illicit drugs into the United States from Central America and
South America.
(4) In 2017, the Government Accountability Office
recommended that the Commandant of the Coast Guard--
(A) develop new performance goals relating to the
interdiction of illicit drugs smuggled into the United
States, or describe the manner in which existing goals are
sufficient;
(B) report such goals to the public;
(C) assess the extent to which limitations in performance
data with respect to such goals are documented;
(D) document measurable corrective actions and
implementation timeframes with respect to such goals; and
(E) document efforts to monitor implementation of such
corrective actions.
(b) Study.--The Secretary of the Department in which the
Coast Guard is operating, in coordination with the Secretary
of Defense and the heads of other relevant Federal agencies,
shall conduct a study in order to identify gaps in resources
that contribute to low interdiction rates for maritime
noncommercial smuggling of illicit drugs into the United
States from Central America and South America despite having
actionable intelligence on more than 80 percent of drug
movements in the transit zones of the Eastern Pacific Ocean,
Caribbean Sea, and Southern maritime border approaches.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary of the Department in
which the Coast Guard is operating shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the results of
the study under subsection (b). Such report shall include--
(1) a statement of the Coast Guard mission requirements for
drug interdiction in the Caribbean basin;
(2) the number of maritime surveillance hours and Coast
Guard assets used in each of fiscal years 2017 through 2019
to counter the illicit trafficking of drugs and other related
threats throughout the Caribbean basin; and
(3) a determination of whether such hours and assets
satisfied the Coast Guard mission requirements for drug
interdiction in the Caribbean basin.
(d) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a
classified annex.
SEC. 2407. REPORT ON LIABILITY LIMITS SET IN SECTION 1004 OF
THE OIL POLLUTION ACT OF 1990.
Not later than 180 days after the date of the enactment of
this Act, the Commandant shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives a report setting forth the following:
(1) Each liability limit set under section 1004 of the Oil
Pollution Act of 1990 (33 U.S.C. 2704), including the
statutory or regulatory authority establishing such limit.
(2) If the Commandant determines that any liability limit
listed in such section should be modified--
(A) a description of the modification;
(B) a justification for such modification; and
(C) a recommendation for legislative or regulatory action
to achieve such modification.
SEC. 2408. REPORT ON COAST GUARD DEFENSE READINESS RESOURCES
ALLOCATION.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Comptroller General of
the United States shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the allocation of
resources by the Coast Guard to support its defense readiness
mission.
(b) Contents.--The report required by subsection (a) shall
include the following elements:
(1) Funding levels allocated by the Coast Guard to support
defense readiness missions for each of the past 10 fiscal
years.
(2) Funding levels transferred or otherwise provided by the
Department of Defense to the Coast Guard in support of the
Coast Guard's defense readiness missions for each of the past
10 fiscal years.
(3) The number of Coast Guard detachments assigned in
support of the Coast Guard's defense readiness mission for
each of the past 10 fiscal years.
(c) Assessment.--In addition to the elements detailed in
subsection (b), the report shall include an assessment of the
impacts on the Coast Guard's non-defense mission readiness
and operational capabilities due to the annual levels of
reimbursement provided by the Department of Defense to
compensate the Coast Guard for its expenses to fulfill its
defense readiness mission.
SEC. 2409. REPORT ON THE FEASIBILITY OF LIQUEFIED NATURAL GAS
FUELED VESSELS.
Not later than 1 year after the date of the enactment of
this Act, the Commandant shall submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report on the following:
(1) The feasibility, safety, and cost effectiveness of
using liquefied natural gas to fuel new Coast Guard vessels.
(2) The feasibility, safety, and cost effectiveness of
converting existing vessels to run on liquefied natural gas
fuels.
(3) The operational feasibility of using liquefied natural
gas to fuel Coast Guard vessels.
SEC. 2410. COAST GUARD AUTHORITIES STUDY.
(a) In General.--The Secretary of the department in which
the Coast Guard is operating shall seek to enter into an
arrangement with the National Academy of Sciences not later
than 60 days after the date of the enactment of this Act
under which the Academy shall prepare an assessment of Coast
Guard authorities.
(b) Assessment.--The assessment under subsection (a) shall
provide--
(1) an examination of emerging issues that may require
Coast Guard oversight, regulation, or action;
(2) a description of potential limitations and shortcomings
of relying on current Coast Guard authorities to address
emerging issues; and
[[Page H3437]]
(3) an overview of adjustments and additions that could be
made to existing Coast Guard authorities to fully address
emerging issues.
(c) Report to the Congress.--Not later than 1 year after
entering into an arrangement with the Secretary under
subsection (a), the National Academy of Sciences shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate the assessment
under this section.
(d) Emerging Issues.--In this section, the term ``emerging
issues'' means changes in the maritime industry and
environment that in the determination of the National Academy
of Sciences are reasonably likely to occur within 10 years
after the date of the enactment of this Act, including--
(1) the introduction of new technologies in the maritime
domain;
(2) the advent of new processes or operational activities
in the maritime domain; and
(3) changes in the use of navigable waterways.
(e) Form.--The assessment required under subsection (a)
shall be submitted in unclassified form, but may contain a
classified annex.
SEC. 2411. REPORT ON EFFECTS OF CLIMATE CHANGE ON COAST
GUARD.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Commandant shall submit to the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate a report on vulnerabilities
of Coast Guard installations and requirements resulting from
climate change over the next 20 years.
(b) Elements.--The report under subsection (a) shall
include the following:
(1) A list of the 10 most vulnerable Coast Guard
installations based on the effects of climate change,
including rising sea tides, increased flooding, drought,
desertification, wildfires, thawing permafrost, or any other
categories the Commandant determines necessary.
(2) An overview of--
(A) mitigations that may be necessary to ensure the
continued operational viability and to increase the
resiliency of the identified vulnerable installations; and
(B) the cost of such mitigations.
(3) A discussion of the climate-change-related effects on
the Coast Guard, including--
(A) the increase in the frequency of humanitarian
assistance and disaster relief missions; and
(B) campaign plans, contingency plans, and operational
posture of the Coast Guard.
(4) An overview of mitigations that may be necessary to
ensure mission resiliency and the cost of such mitigations.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a
classified annex.
SEC. 2412. SHORE INFRASTRUCTURE.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act, the Commandant shall--
(1) develop a plan to standardize Coast Guard facility
condition assessments;
(2) establish shore infrastructure performance goals,
measures, and baselines to track the effectiveness of
maintenance and repair investments and provide feedback on
progress made;
(3) develop a process to routinely align the Coast Guard
shore infrastructure portfolio with mission needs, including
disposing of unneeded assets;
(4) establish guidance for planning boards to document
inputs, deliberations, and project prioritization decisions
for infrastructure maintenance projects;
(5) employ models for Coast Guard infrastructure asset
lines for--
(A) predicting the outcome of investments in shore
infrastructure;
(B) analyzing tradeoffs; and
(C) optimizing decisions among competing investments;
(6) include supporting details about competing project
alternatives and report tradeoffs in congressional budget
requests and related reports; and
(7) explore the development of real property management
expertise within the Coast Guard workforce, including members
of the Senior Executive Service.
(b) Briefing.--Not later than December 31, 2020, the
Commandant shall brief the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate on the status of the actions required under subsection
(a).
SEC. 2413. COAST GUARD HOUSING; STATUS AND AUTHORITIES
BRIEFING.
Not later than 180 days after the date of the enactment of
this Act, the Commandant shall provide to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a briefing on Coast Guard
housing, including--
(1) a description of the material condition of Coast Guard
housing facilities;
(2) the amount of current Coast Guard housing construction
and deferred maintenance backlogs;
(3) an overview of the manner in which the Coast Guard
manages and maintains housing facilities;
(4) a discussion of whether reauthorizing housing
authorities for the Coast Guard similar to those provided in
section 208 of the Coast Guard Authorization Act of 1996
(Public Law 104-324); and
(5) recommendations regarding how the Congress could adjust
those authorities to prevent mismanagement of Coast Guard
housing facilities.
SEC. 2414. PHYSICAL ACCESS CONTROL SYSTEM REPORT.
Not later 180 days after the date of the enactment of this
Act, and annually for each of the 4 years thereafter, the
Commandant shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report regarding the status of the Coast Guard's
compliance with Homeland Security Presidential Directive 12
(HSPD-12) and Federal Information Processing Standard 201
(FIPS-201), including--
(1) the status of Coast Guard efforts to field a
comprehensive Physical Access Control System at Coast Guard
installations and locations necessary to bring the Service
into compliance with HSPD-12 and FIPS-201B;
(2) the status of the selection of a technological
solution;
(3) the estimated phases and timeframe to complete the
implementation of such a system; and
(4) the estimated cost for each phase of the project.
SEC. 2415. STUDY ON CERTIFICATE OF COMPLIANCE INSPECTION
PROGRAM WITH RESPECT TO VESSELS THAT CARRY BULK
LIQUEFIED GASES AS CARGO AND LIQUEFIED NATURAL
GAS TANK VESSELS.
(a) GAO Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report on the resources, regulations,
policies, protocols, and other actions designed to carry out
the Coast Guard Certificate of Compliance program with
respect to liquefied natural gas tank vessels (including
examinations under section 153.808 of title 46, Code of
Federal Regulations) and vessels that carry bulk liquefied
gases as cargo (including examinations under part 154 of
title 46, Code of Federal Regulations) for purposes of
maintaining the efficiency of examinations under that
program.
(2) Contents.--The report under paragraph (1) shall include
an assessment of the adequacy of current Coast Guard
resources, regulations, policies, and protocols to maintain
vessel examination efficiency while carrying out the program
referred to in paragraph (1) as United States bulk liquefied
gases cargo, liquefied natural gas exports, and associated
vessel traffic at United States ports increase.
(b) National Academies Study.--
(1) In general.--Not later than 6 months after the date on
which the report required under subsection (a) is submitted,
the Commandant shall enter into an agreement with the
National Academies under which the National Academies shall--
(A) conduct an evaluation of the constraints and challenges
to maintaining examination efficiency under the program as
United States bulk liquefied gases cargo, liquefied natural
gas exports, and associated vessel traffic at United States
ports increase; and
(B) issue recommendations for changes to resources,
regulations, policies, and protocols to maintain the
efficiency of the program, including analysis of the
following alternatives:
(i) Establishment of a Coast Guard marine examination unit
near the Panama Canal to conduct inspections under the
program on liquefied natural gas tank vessels bound for the
United States, similar to Coast Guard operations carried out
by Coast Guard Activities Europe and Coast Guard Activities
Far East, including the effects of the establishment of such
a unit on the domestic aspects of the program.
(ii) Management of all marine examiners with gas carrier
qualification within each Coast Guard District by a single
Officer in Charge, Marine Inspection (as defined in section
50.10-10 of title 46, Code of Federal Regulations) to improve
the efficiency of their vessel examination assignments.
(iii) Extension of the duration of assignment of marine
examiners with a gas carrier qualification at Coast Guard
units that most frequently inspect vessels that carry bulk
liquefied gases as cargo and liquefied natural gas tank
vessels.
(iv) Increase in the use of civilians to conduct and
support examinations under the program.
(v) Extension of the duration of certificates of compliance
under the program for vessels that carry bulk liquefied gases
as cargo and liquefied natural gas tank vessels that are less
than 10 years of age and participate in a Coast Guard vessel
quality program.
SEC. 2416. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW
AND REPORT ON COAST GUARD'S INTERNATIONAL PORT
SECURITY PROGRAM.
(a) GAO Report.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
[[Page H3438]]
Representatives a report setting forth the results of a
comprehensive review, conducted by the Comptroller General
for purposes of the report, on the Coast Guard's
International Port Security Program, including the findings,
and any recommendations for improvement of the program, of
the Comptroller General.
(b) Required Elements of Review.--The review required under
subsection (a) shall include--
(1) review of the actions of the Coast Guard under the
Coast Guard's International Port Security Program, since
2014, to enhance foreign port inspections;
(2) review of the actions of the Coast Guard to recognize
and monitor port inspection programs of foreign governments;
(3) identification and review of the actions the Coast
Guard takes to address any deficiencies it observes during
visits at foreign ports;
(4) identify and review the benchmarks of the Coast Guard
for measuring the effectiveness of the program; and
(5) review of the extent to which the Coast Guard and
United States Customs and Border Protection coordinate
efforts to screen and inspect cargo at foreign ports.
SEC. 2417. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW
AND REPORT ON SURGE CAPACITY OF THE COAST
GUARD.
(a) GAO Report.--Not later than 60 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report setting for the results of a
comprehensive review, conducted by the Comptroller General
for purposes of the report, on the surge capacity of the
Coast Guard to respond to a catastrophic incident (such as a
hurricane), including the findings, and any recommendations
for improvement, of the Comptroller General.
(b) Required Elements of Review.--The review required under
subsection (a) shall include--
(1) a description and review of each Coast Guard deployment
in response to a catastrophic incident after 2005;
(2) identification of best practices informed by the
deployments described in paragraph (1);
(3) a review of the ability of the surge force of the Coast
Guard to meet the demands of the response roles in which it
was serving during each deployment described in paragraph
(1);
(4) identification of any statutory or regulatory
impediments, such as adaptability, planning, training,
mobilization, or information and resource integration, to the
surge capacity of the Coast Guard in response to a
catastrophic incident;
(5) review of the impacts of a surge of the Coast Guard in
response to a catastrophic incident on the capacity of the
Coast Guard to perform its statutory missions;
(6) review of the capability of the Coast Guard to surge in
response to concurrent or subsequent catastrophic incidents;
and
(7) review and description of existing voluntary and
involuntary deployments of Coast Guard personnel and assets
in support of a United States Customs and Border Protection
response to a national emergency (as defined in Presidential
Proclamation 9844) on the surge capacity of the Coast Guard
in the event of a catastrophic incident.
(c) Definitions.--In this section, the terms ``catastrophic
incident'' and ``surge capacity'' have the meaning given such
terms in section 602 of the Post-Katrina Emergency Management
Reform Act of 2006 (6 U.S.C. 701).
SEC. 2418. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW
AND REPORT ON MARINE INSPECTIONS PROGRAM OF
COAST GUARD.
(a) GAO Report.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report setting forth the results of a
comprehensive review, conducted by the Comptroller General
for purposes of the report, on the marine inspections program
of the Coast Guard, including the findings, and any
recommendations for improvement of the program, of the
Comptroller General.
(b) Required Elements of Review.--The review required under
subsection (a) shall include--
(1) an analysis of the demand for marine inspectors;
(2) an identification of the number of fully qualified
marine inspectors;
(3) a determination of whether the number of marine
inspectors identified in paragraph (2) is sufficient to meet
the demand described in paragraph (1);
(4) a review of the enlisted marine inspector workforce
compared to the civilian marine inspector workforce and
whether there is any discernable distinction or impact
between such workforces in the performance of the marine
safety mission;
(5) an evaluation of the training continuum of marine
inspectors;
(6) a description and review of what actions, if any, the
Coast Guard is taking to adapt to the current rise in United
States export of crude oil and other fuels, such as
implementing a safety inspection regime for barges; and
(7) an analysis of extending tours of duty for marine
inspectors and increasing the number of civilian marine
inspectors.
SEC. 2419. COMPTROLLER GENERAL OF THE UNITED STATES REVIEW
AND REPORT ON INFORMATION TECHNOLOGY PROGRAM OF
COAST GUARD.
(a) GAO Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives a report setting forth the results of a
comprehensive review, conducted by the Comptroller General
for purposes of the report, on the Coast Guard Command,
Control, Communications, Computers, Cyber, and Intelligence
Service Center, including the findings, and any
recommendations for improvement of the program, of the
Comptroller General.
(2) Required elements of review.--The review required under
paragraph (1) shall include--
(A) analysis of how the Coast Guard manages its information
technology program, including information technology
acquisitions, to meet its various mission needs and reporting
requirements;
(B) analysis of the adequacy of the physical information
technology infrastructure within Coast Guard districts,
including network infrastructure, for meeting mission needs
and reporting requirements;
(C) analysis of whether and, if so, how the Coast Guard--
(i) identifies and satisfies any knowledge and skill
requirements; and
(ii) recruits, trains, and develops its information
technology personnel;
(D) analysis of whether and, if so, how the Coast Guard
separates information technology from operational technology
for cybersecurity purposes;
(E) analysis of how the Coast Guard intends to update its
Marine Information for Safety and Law Enforcement system,
personnel, accounting and other databases, and implement an
electronic health records system; and
(F) analysis of the goals and acquisition strategies for
all proposed Coast Guard enterprise-wide cloud computing
service procurements.
(b) Review on Cloud Computing.--Not later than 180 days
after the date of the enactment of this Act, the Commandant
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a detailed description of the Coast Guard's strategy
to implement cloud computing for the entire Coast Guard,
including--
(1) the goals and acquisition strategies for all proposed
enterprise-wide cloud computing service procurements;
(2) a strategy to sustain competition and innovation
throughout the period of performance of each contract for
procurement of cloud-computing goods and services for the
Coast Guard, including defining opportunities for multiple
cloud-service providers and insertion of new technologies;
(3) an assessment of potential threats and security
vulnerabilities of the strategy, and plans to mitigate such
risks; and
(4) an estimate of the cost and timeline to implement cloud
computing service for all Coast Guard computing.
SEC. 2420. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND
REPORT ON ACCESS TO HEALTH CARE BY MEMBERS OF
COAST GUARD AND DEPENDENTS.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study that examines access to,
experience with, and needs under the TRICARE program of
members of the Coast Guard and their dependents.
(2) Elements.--The study conducted under paragraph (1)
shall analyze the following:
(A) The record of the TRICARE program in meeting the
standards for care for primary and specialty care for members
of the Coast Guard and dependents of those members, including
members stationed in remote units.
(B) The accuracy and update periodicity of lists of
providers under the TRICARE program in areas serving Coast
Guard families.
(C) The wait times under the TRICARE program for
appointments, specialty care, and referrals for members of
the Coast Guard and dependents of those members.
(D) The availability of providers under the TRICARE program
in remote locations, including providers for mental health,
juvenile specialty care, dental, and female health.
(E) The access of members of the Coast Guard and dependents
of those members to services under the TRICARE program in
comparison to the access to such services by personnel of the
Department of Defense and dependents of such personnel.
(F) The liaison assistance between members of the Coast
Guard and dependents of those members and the TRICARE program
provided by the Coast Guard in comparison to such assistance
provided by the Department of Defense.
(G) How delayed access to care, timeliness of care, and
distance traveled to care may impact personnel readiness of
members of the Coast Guard.
[[Page H3439]]
(H) The regions particularly impacted by lack of access to
care and recommendations to address those access issues.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
containing the findings, conclusions, and recommendations to
improve access to quality, timely, and effective health care
for members of the Coast Guard and dependents of those
members from the study required under subsection (a).
(c) Definitions.--In this section, the terms ``dependent''
and ``TRICARE program'' have the meanings given such terms in
section 1072 of title 10, United States Code.
SEC. 2421. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND
REPORT ON MEDICAL STAFFING STANDARDS AND NEEDS
FOR COAST GUARD.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study that examines the health care
system of the Coast Guard.
(2) Elements.--The study conducted under paragraph (1)
shall analyze the following:
(A) The billets in clinics of the Coast Guard, whether for
personnel of the Coast Guard or otherwise, including the
number of billets, vacancies, and length of vacancies.
(B) The wait times for patients to attain an appointment
for urgent care, routine physician care, and dental care.
(C) The impact of billet vacancies on such wait times.
(D) The ability of the Coast Guard to use other medical
personnel of the Department of Defense, including physicians
and physician assistants, to fill provider vacancies for the
Coast Guard.
(E) The barriers, if any, to improving coordination and
access to physicians within the health care system of the
Department of Defense.
(F) The accessibility and availability of behavioral health
medical personnel at clinics of the Coast Guard, including
personnel available for family counseling, therapy, and other
needs.
(G) The staffing models of clinics of the Coast Guard,
including recommendations to modernize such models.
(H) The locations and needs of Coast Guard units with or
without clinics.
(I) How access to care models for members of the Coast
Guard are managed, including models with respect to the time
and distance traveled to receive care, the cost of that
travel, and alternate options to secure care quickly and
efficiently for members serving in units without a clinic.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Comptroller General shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report containing the findings,
conclusions, and recommendations from the study required
under subsection (a).
(2) Elements.--The report submitted under paragraph (1)
shall include the following:
(A) An identification of the number of members of the Coast
Guard and types of units of the Coast Guard serviced by the
health care system of the Coast Guard.
(B) An assessment of the ability of the Coast Guard to
conduct medical support at outlying units, including remote
units.
(C) An assessment of the capacity of the Coast Guard to
support surge operations using historical data from the 10-
year period preceding the date of the report.
(D) An assessment of the impact to operations of the Coast
Guard by extended wait times or travel times to receive care
or other issues identified by the report.
(c) Recommendations.--Not later than 90 days after the date
on which the report is submitted under subsection (b), the
Commandant shall submit to the Committee on Commerce,
Science, and Transportation of the Senate and the Committee
on Transportation and Infrastructure of the House of
Representatives written recommendations for medical staffing
standards for the Coast Guard based on each finding and
conclusion contained in the report, including recommendations
for health service technicians, flight surgeons, physician
assistants, dentists, dental hygienists, family advocate
services, pharmacists, and administrators, and other
recommendations, as appropriate.
SEC. 2422. REPORT ON FAST RESPONSE CUTTERS, OFFSHORE PATROL
CUTTERS, AND NATIONAL SECURITY CUTTERS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the combination
of Fast Response Cutters, Offshore Patrol Cutters, and
National Security Cutters necessary to carry out Coast Guard
missions.
(b) Elements.--The report required by subsection (a) shall
include--
(1) an updated cost estimate for each type of cutter
described in such subsection; and
(2) a cost estimate for a Sensitive Compartmented
Information Facility outfitted to manage data in a manner
equivalent to the National Security Cutter Sensitive
Compartmented Information Facilities.
Subtitle E--Coast Guard Academy Improvement Act
SEC. 2501. SHORT TITLE.
This subtitle may be cited as the ``Coast Guard Academy
Improvement Act''.
SEC. 2502. COAST GUARD ACADEMY STUDY.
(a) In General.--The Secretary of the department in which
the Coast Guard is operating shall seek to enter into an
arrangement with the National Academy of Public
Administration not later than 60 days after the date of the
enactment of the this Act under which the National Academy of
Public Administration shall--
(1) conduct an assessment of the cultural competence of the
Coast Guard Academy as an organization and of individuals at
the Coast Guard Academy to carry out effectively the primary
duties of the United States Coast Guard listed in section 102
of title 14, United States Code, when interacting with
individuals of different races, ethnicities, genders,
religions, sexual orientations, socioeconomic backgrounds, or
from different geographic origins; and
(2) issue recommendations based upon the findings in such
assessment.
(b) Assessment of Cultural Competence.--
(1) Cultural competence of the coast guard academy.--The
arrangement described in subsection (a) shall require the
National Academy of Public Administration to, not later than
1 year after entering into an arrangement with the Secretary
under subsection (a), submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate the assessment described under
subsection (a)(1).
(2) Assessment scope.--The assessment described under
subsection (a)(1) shall--
(A) describe the level of cultural competence described in
subsection (a)(1) based on the National Academy of Public
Administration's assessment of the Coast Guard Academy's
relevant practices, policies, and structures, including an
overview of discussions with faculty, staff, students, and
relevant Coast Guard Academy affiliated organizations;
(B) examine potential changes which could be used to
further enhance such cultural competence by--
(i) modifying institutional practices, policies, and
structures; and
(ii) any other changes deemed appropriate by the National
Academy of Public Administration; and
(C) make recommendations to enhance the cultural competence
of the Coast Guard Academy described in subparagraph (A),
including any specific plans, policies, milestones,
performance measures, or other information necessary to
implement such recommendations.
(c) Final Action Memorandum.--Not later than 6 months after
submission of the assessment under subsection (b)(1), the
Commandant of the Coast Guard shall submit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate, a final action memorandum in
response to all recommendations contained in the assessment.
The final action memorandum shall include the rationale for
accepting, accepting in part, or rejecting each
recommendation, and shall specify, where applicable, actions
to be taken to implement such recommendations, including an
explanation of how each action enhances the ability of the
Coast Guard to carry out the primary duties of the United
States Coast Guard listed in section 102 of title 14, United
States Code.
(d) Plan.--
(1) In general.--Not later than 6 months after the date of
the submission of the final action memorandum required under
subsection (c), the Commandant, in coordination with the
Chief Human Capital Officer of the Department of Homeland
Security, shall submit a plan to carry out the
recommendations or the parts of the recommendations accepted
in the final action memorandum to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
(2) Strategy with milestones.--If any recommendation or
parts of recommendations accepted in the final action
memorandum address any of the following actions, then the
plan required in paragraph (1) shall include a strategy with
appropriate milestones to carry out such recommendations or
parts of recommendations:
(A) Improve outreach and recruitment of a more diverse
Coast Guard Academy cadet candidate pool based on race,
ethnicity, gender, religion, sexual orientation,
socioeconomic background, and geographic origin.
(B) Modify institutional structures, practices, and
policies to foster a more diverse cadet corps body, faculty,
and staff workforce based on race, ethnicity, gender,
religion, sexual orientation, socioeconomic background, and
geographic origin.
(C) Modify existing or establish new policies and
safeguards to foster the retention of cadets, faculty, and
staff of different races, ethnicities, genders, religions,
sexual orientations, socioeconomic backgrounds, and
geographic origins at the Coast Guard Academy.
(D) Restructure the admissions office of the Coast Guard
Academy to be headed by a
[[Page H3440]]
civilian with significant relevant higher education
recruitment experience.
(3) Implementation.--Unless otherwise directed by an Act of
Congress, the Commandant shall begin implementation of the
plan developed under this subsection not later than 180 days
after the submission of such plan to Congress.
(4) Update.--The Commandant shall include in the first
annual report required under chapter 51 of title 14, United
States Code, as amended by this division, submitted after the
date of enactment of this section, the strategy with
milestones required in paragraph (2) and shall report
annually thereafter on actions taken and progress made in the
implementation of such plan.
SEC. 2503. ANNUAL REPORT.
Chapter 51 of title 14, United States Code, is further
amended by adding at the end the following:
``Sec. 5111. Report on diversity at Coast Guard Academy
``(a) In General.--Not later than January 15, 2021, and
annually thereafter, the Commandant shall submit a report on
diversity at the Coast Guard Academy to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate.
``(b) Contents.--The report required under subsection (a)
shall include--
``(1) the status of the implementation of the plan required
under section 2502 of the Elijah E. Cummings Coast Guard
Authorization Act of 2020;
``(2) specific information on outreach and recruitment
activities for the preceding year, including the
effectiveness of the Coast Guard Academy minority outreach
team program described under section 1905 and of outreach and
recruitment activities in the territories and other
possessions of the United States;
``(3) enrollment information about the incoming class,
including the gender, race, ethnicity, religion,
socioeconomic background, and State of residence of Coast
Guard Academy cadets;
``(4) information on class retention, outcomes, and
graduation rates, including the race, gender, ethnicity,
religion, socioeconomic background, and State of residence of
Coast Guard Academy cadets;
``(5) information on efforts to retain diverse cadets,
including through professional development and professional
advancement programs for staff and faculty; and
``(6) a summary of reported allegations of discrimination
on the basis of race, color, national origin, sex, gender, or
religion for the preceding 5 years.''.
SEC. 2504. ASSESSMENT OF COAST GUARD ACADEMY ADMISSION
PROCESSES.
(a) In General.--The Secretary of the department in which
the Coast Guard is operating shall seek to enter into an
arrangement with the National Academy of Public
Administration under which the National Academy of Public
Administration shall, not later than 1 year after submitting
an assessment under section 2502(a), submit to the Committee
on Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate an assessment of the Coast Guard
Academy admissions process.
(b) Assessment Scope.--The assessment required to be sought
under subsection (a) shall, at a minimum, include--
(1) a study, or an audit if appropriate, of the process the
Coast Guard Academy uses to--
(A) identify candidates for recruitment;
(B) recruit applicants;
(C) assist applicants in the application process;
(D) evaluate applications; and
(E) make admissions decisions;
(2) discussion of the consideration during the admissions
process of diversity, including--
(A) race;
(B) ethnicity;
(C) gender;
(D) religion;
(E) sexual orientation;
(F) socioeconomic background; and
(G) geographic origin;
(3) an overview of the admissions processes at other
Federal service academies, including--
(A) discussion of consideration of diversity, including any
efforts to attract a diverse pool of applicants, in those
processes; and
(B) an analysis of how the congressional nominations
requirement in current law related to military service
academies and the Merchant Marine Academy impacts those
processes and the overall demographics of the student bodies
at those academies;
(4) a determination regarding how a congressional
nominations requirement for Coast Guard Academy admissions
could impact diversity among the student body and the ability
of the Coast Guard to carry out effectively the Service's
primary duties described in section 102 of title 14, United
States Code; and
(5) recommendations for improving Coast Guard Academy
admissions processes, including whether a congressional
nominations process should be integrated into such processes.
SEC. 2505. COAST GUARD ACADEMY MINORITY OUTREACH TEAM
PROGRAM.
(a) In General.--Chapter 19 of title 14, United States
Code, is further amended by inserting after section 1904 (as
amended by this division) the following:
``Sec. 1905. Coast Guard Academy minority outreach team
program
``(a) In General.--There is established within the Coast
Guard Academy a minority outreach team program (in this
section referred to as the `Program' ) under which officers,
including minority officers and officers from territories and
other possessions of the United States, who are Academy
graduates may volunteer their time to recruit minority
students and strengthen cadet retention through mentorship of
cadets.
``(b) Administration.--Not later than January 1, 2021, the
Commandant, in consultation with Program volunteers and
Academy alumni that participated in prior programs at the
Academy similar to the Program, shall appoint a permanent
civilian position at the Academy to administer the Program
by, among other things--
``(1) overseeing administration of the Program;
``(2) serving as a resource to volunteers and outside
stakeholders;
``(3) advising Academy leadership on recruitment and
retention efforts based on recommendations from volunteers
and outside stakeholders;
``(4) establishing strategic goals and performance metrics
for the Program with input from active volunteers and Academy
leadership; and
``(5) reporting annually to the Commandant on academic year
and performance outcomes of the goals for the Program before
the end of each academic year.''.
(b) Clerical Amendment.--The analysis for chapter 19 of
title 14, United States Code, is further amended by inserting
after the item relating to section 1904 (as amended by this
division) the following:
``1905. Coast Guard Academy minority outreach team program.''.
SEC. 2506. COAST GUARD COLLEGE STUDENT PRE-COMMISSIONING
INITIATIVE.
(a) In General.--Subchapter I of chapter 21 of title 14,
United States Code, is further amended by adding at the end
the following:
``Sec. 2131. College student pre-commissioning initiative
``(a) In General.--There is authorized within the Coast
Guard a college student pre-commissioning initiative program
(in this section referred to as the `Program' ) for eligible
undergraduate students to enlist and receive a guaranteed
commission as an officer in the Coast Guard.
``(b) Criteria for Selection.--To be eligible for the
Program a student must meet the following requirements upon
submitting an application:
``(1) Age.--A student must be not less than 19 years old
and not more than 27 years old as of September 30 of the
fiscal year in which the Program selection panel selecting
such student convenes.
``(2) Character.--
``(A) All applicants.--All applicants must be of
outstanding moral character and meet other character
requirements as set forth by the Commandant.
``(B) Coast guard applicants.--An applicant serving in the
Coast Guard may not be commissioned if in the 36 months prior
to the first Officer Candidate School class convening date in
the selection cycle, such applicant was convicted by a court-
martial or awarded nonjudicial punishment, or did not meet
performance or character requirements set forth by the
Commandant.
``(3) Citizenship.--A student must be a United States
citizen.
``(4) Clearance.--A student must be eligible for a secret
clearance.
``(5) Dependency.--
``(A) In general.--A student may not have more than 2
dependents.
``(B) Sole custody.--A student who is single may not have
sole or primary custody of dependents.
``(6) Education.--
``(A) Institution.--A student must be an undergraduate
sophomore or junior--
``(i) at a historically Black college or university
described in section 322(2) of the Higher Education Act of
1965 (20 U.S.C. 1061(2)) or an institution of higher
education described in section 371(a) of the Higher Education
Act of 1965 (20 U.S.C. 1067q(a)); or
``(ii) an undergraduate sophomore or junior enrolled at an
institution of higher education (as defined in section 101 of
the Higher Education Act of 1965 (20 U.S.C. 1001)) that, at
the time of application of the sophomore or junior, has had
for 3 consecutive years an enrollment of undergraduate full-
time equivalent students (as defined in section 312(e) of
such Act (20 U.S.C. 1058(e))) that is a total of at least 50
percent Black American, Hispanic, Asian American (as defined
in section 371(c) of such Act (20 U.S.C. 1067q(c))), Native
American Pacific Islander (as defined in such section), or
Native American (as defined in such section), among other
criteria, as determined by the Commandant.
``(B) Location.--The institution at which such student is
an undergraduate must be within 100 miles of a Coast guard
unit or Coast Guard Recruiting Office unless otherwise
approved by the Commandant.
``(C) Records.--A student must meet credit and grade point
average requirements set forth by the Commandant.
``(7) Medical and administrative.--A student must meet
other medical and administrative requirements as set forth by
the Commandant.
``(c) Enlistment and Obligation.--Individuals selected and
accept to participate in the Program shall enlist in the
Coast Guard in
[[Page H3441]]
pay grade E-3 with a 4-year duty obligation and 4-year
inactive Reserve obligation.
``(d) Military Activities Prior to Officer Candidate
School.--Individuals enrolled in the Program shall
participate in military activities each month, as required by
the Commandant, prior to attending Officer Candidate School.
``(e) Participation in Officer Candidate School.--Each
graduate of the Program shall attend the first enrollment of
Officer Candidate School that commences after the date of
such graduate's graduation.
``(f) Commissioning.--Upon graduation from Officer
Candidate School, Program graduates shall be discharged from
enlisted status and commissioned as an O-1 with an initial 3-
year duty obligation.
``(g) Briefing.--
``(1) In general.--Not later than August 15 of each year,
the Commandant shall provide a briefing to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on the Program.
``(2) Contents.--The briefing required under paragraph (1)
shall describe--
``(A) outreach and recruitment efforts over the previous
year; and
``(B) demographic information of enrollees including--
``(i) race;
``(ii) ethnicity;
``(iii) gender;
``(iv) geographic origin; and
``(v) educational institution.''.
(b) Clerical Amendment.--The analysis chapter 21 of title
14, United States Code, is amended by inserting after the
item relating to section 2130 (as added by this division) the
following:
``2131. College student pre-commissioning initiative.''.
SEC. 2507. ANNUAL BOARD OF VISITORS.
Section 1903(d) of title 14, United States Code, is
amended--
(1) by redesignating paragraphs (2) through (6) as
paragraphs (3) through (7), respectively; and
(2) by inserting after paragraph (1) the following:
``(2) recruitment and retention, including diversity,
inclusion, and issues regarding women specifically;''.
SEC. 2508. HOMELAND SECURITY ROTATIONAL CYBERSECURITY
RESEARCH PROGRAM AT COAST GUARD ACADEMY.
(a) In General.--Subtitle E of title VIII of the Homeland
Security Act of 2002 (6 U.S.C. 411 et seq.) is amended by
adding at the end the following:
``SEC. 846. ROTATIONAL CYBERSECURITY RESEARCH PROGRAM.
``To enhance the Department's cybersecurity capacity, the
Secretary may establish a rotational research, development,
and training program for--
``(1) detail to the Cybersecurity and Infrastructure
Security Agency (including the national cybersecurity and
communications integration center authorized by section 2209)
of Coast Guard Academy graduates and faculty; and
``(2) detail to the Coast Guard Academy, as faculty, of
individuals with expertise and experience in cybersecurity
who are employed by--
``(A) the Agency (including the center);
``(B) the Directorate of Science and Technology; or
``(C) institutions that have been designated by the
Department as a Center of Excellence for Cyber Defense, or
the equivalent.''.
(b) Clerical Amendment.--The table of contents in section
1(b) of the Homeland Security Act of 2002 (6 U.S.C. 411 et
seq.) is amended by adding at the end of the items relating
to subtitle E of such Act the following:
``Sec. 846. Rotational cybersecurity research program.''.
Subtitle F--Other Matters
SEC. 2601. STRATEGY ON LEADERSHIP OF COAST GUARD.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of the department in
which the Coast Guard is operating shall develop and make
available to the public a strategy to improve leadership
development in the Coast Guard, including mechanisms to
address counterproductive leadership in the Coast Guard.
(b) Elements.--The strategy shall include the following:
(1) Mechanisms to foster positive and productive leadership
qualities in emerging Coast Guard leaders, beginning, at
minimum, members at grade O-2 for officers, members at grade
E-6 for enlisted members, and members training to become an
officer in charge.
(2) Mechanisms for the ongoing evaluation of unit
commanders, including identification of counterproductive
leadership qualities in commanders.
(3) Formal training on the recognition of counterproductive
leadership qualities (in self and others), including at
leadership seminars and school houses in the Coast Guard,
including means to correct such qualities.
(4) Clear and transparent policies on standards for command
climate, leadership qualities, and inclusion.
(5) Policy to ensure established and emerging leaders have
access to hands-on training and tools to improve diversity
and inclusion.
(6) Policy and procedures for commanders to identify and
hold accountable counterproductive leaders.
(c) Counterproductive Leadership Defined.--In this section,
the term ``counterproductive leadership'' has the meaning
given that term for purposes of Army Doctrine Publication 6-
22.
SEC. 2602. EXPEDITED TRANSFER IN CASES OF SEXUAL ASSAULT;
DEPENDENTS OF MEMBERS OF THE COAST GUARD.
Not later than 180 days after the date of the enactment of
this Act, the Commandant shall establish a policy to allow
the transfer of a member of the Coast Guard whose dependent
is the victim of sexual assault perpetrated by a member of
the Armed Forces who is not related to the victim.
SEC. 2603. ACCESS TO RESOURCES DURING CREOSOTE-RELATED
BUILDING CLOSURES AT COAST GUARD BASE SEATTLE,
WASHINGTON.
(a) In General.--With respect to the creosote-related
building closures at Coast Guard Base Seattle, Washington,
the Commandant shall, to the maximum extent practicable,
enter into 1 or more agreements or otherwise take actions to
secure access to resources, including a gym, that are not
otherwise available to members of the Coast Guard during such
closures.
(b) Briefing.--Not later than 60 days after the date of the
enactment of this Act, the Commandant shall brief Congress
with respect to actions taken by the Commandant to comply
with subsection (a).
SEC. 2604. SOUTHERN RESIDENT ORCA CONSERVATION AND
ENFORCEMENT.
(a) Report and Action Plan on Orca Enforcement
Opportunities.--Not later than 180 days after the date of the
enactment of this Act, the Commandant, in consultation with
the Under Secretary of Commerce for Oceans and Atmosphere,
shall submit to Congress a report on Coast Guard efforts to
enforce southern resident orca vessel buffer zones and other
vessel-related regulations in Puget Sound in coordination
with existing Coast Guard fisheries enforcement, maritime
domain awareness, the Be Whale Wise campaign, and other
related missions. Such report shall include recommendations
on what resources, appropriations, and assets are needed to
meet orca conservation and related fisheries enforcement
targets in the 13th Coast Guard District within one year of
the date of enactment of this Act.
(b) Southern Resident Orcas.--The Commandant, in
coordination with the Under Secretary of Commerce for Oceans
and Atmosphere, shall undertake efforts to reduce vessel
noise impacts on Southern resident orcas in Puget Sound, the
Salish Sea, and the Strait of Juan de Fuca.
(c) Program.--
(1) In general.--The Commandant shall--
(A) support the development, implementation, and
enforcement of commercial vessel noise reduction measures
that are technically feasible and economically achievable;
(B) establish procedures for timely communication of
information to commercial vessel operators regarding orca
sightings in Puget Sound and make navigational safety
recommendations in accordance with the Cooperative Vessel
Traffic Service Agreement; and
(C) collaborate on studies or trials analyzing vessel noise
impacts on Southern resident orcas.
(2) Vessel noise impacts.--The Undersecretary of Commerce
for Oceans and Atmosphere shall assess vessel noise impacts
on Southern resident orcas in the program area and make
recommendations to reduce that noise and noise related
impacts to Southern resident orcas to the Commandant.
(3) Coordination.--In carrying out this section, the
Commandant shall coordinate with Canadian agencies affiliated
with the Enhancing Cetacean Habitat and Observation (ECHO)
program and other international organizations as appropriate.
(4) Consultation.--In carrying out this section, the
Commandant and the Undersecretary of Commerce for Oceans and
Atmosphere shall consult with State, local, and Tribal
governments and maritime industry and conservation
stakeholders including ports, higher education institutions,
and nongovernmental organizations.
SEC. 2605. SENSE OF CONGRESS AND REPORT ON IMPLEMENTATION OF
POLICY ON ISSUANCE OF WARRANTS AND SUBPOENAS
AND WHISTLEBLOWER PROTECTIONS BY AGENTS OF THE
COAST GUARD INVESTIGATIVE SERVICE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) Coast Guard components with investigative authority
should exercise such authority with due respect for the
rights of whistleblowers; and
(2) the Commandant should--
(A) ensure compliance with the legal requirements intended
to protect whistleblowers;
(B) seek to shield the disclosure of the identities of
whistleblowers; and
(C) create an environment in which whistleblowers do not
fear reprisal for reporting misconduct.
(b) Report Required.--Not later than 120 days after the
date of the enactment of this Act, the Commandant shall
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the policy of the Coast Guard on
the issuance of warrants and subpoenas and whistleblower
protections by agents of the Coast Guard Investigative
Service.
[[Page H3442]]
(c) Elements.--The report required by subsection (b) shall
include the following:
(1) A discussion of current and any new policy of the Coast
Guard on the issuance of warrants and subpoenas and
whistleblower protections by agents of the Coast Guard
Investigative Service, including Coast Guard Investigative
Service Criminal Investigation Operating Procedure CIOP 2019-
02, and the differences between such current policies and new
policies.
(2) A plan (including milestones) for the implementation of
the following:
(A) Incorporation of Coast Guard Investigative Service
Criminal Investigation Operating Procedure CIOP 2019-02 into
the next revision of the relevant Coast Guard investigative
manual.
(B) Training on the policy described in paragraph (1) for
the following:
(i) Agents and legal counsel of the Coast Guard
Investigative Service.
(ii) Personnel of the Office of General Law.
(iii) Relevant Coast Guard headquarters personnel.
(iv) Such other Coast Guard personnel as the Commandant
considers appropriate.
SEC. 2606. INSPECTOR GENERAL REPORT ON ACCESS TO EQUAL
OPPORTUNITY ADVISORS AND EQUAL EMPLOYMENT
OPPORTUNITY SPECIALISTS.
(a) In General.--Not later than 90 days after the date of
the enactment of this Act, the inspector general of the
department in which the Coast Guard is operating shall
conduct a study and develop recommendations on the need to
separate Equal Opportunity Advisors and Equal Employment
Opportunity Specialists, as practicable, through the pre-
complaint and formal discrimination complaint processes, for
the complainant, the opposing party, and the commanding
officers and officers in charge.
(b) Briefing.--Not later than 30 days after the completion
of the study required by subsection (a), the Commandant shall
brief the Committee on Commerce, Science, and Transportation
of the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives on the manner
in which the Coast Guard plans to implement the
recommendations developed as a result of the study.
SEC. 2607. INSIDER THREAT PROGRAM.
Not later than 180 days after the date of the enactment of
this Act, the Commandant shall brief the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate on a plan to expand the Coast
Guard Insider Threat Program to include the monitoring of all
Coast Guard devices, including mobile devices.
TITLE III--MARITIME
Subtitle A--Navigation
SEC. 3101. ELECTRONIC CHARTS; EQUIVALENCY.
(a) Requirements.--Section 3105(a)(1) of title 46, United
States Code, is amended to read as follows:
``(1) Electronic charts in lieu of marine charts, charts,
and maps.--Subject to paragraph (2), the following vessels,
while operating on the navigable waters of the United States,
equipped with and operating electronic navigational charts
that are produced by a government hydrographic office or
conform to a standard acceptable to the Secretary, shall be
deemed in compliance with any requirement under title 33 or
title 46, Code of Federal Regulations, to have a chart,
marine chart, or map on board such vessel:
``(A) A self-propelled commercial vessel of at least 65
feet in overall length.
``(B) A vessel carrying more than a number of passengers
for hire determined by the Secretary.
``(C) A towing vessel of more than 26 feet in overall
length and 600 horsepower.
``(D) Any other vessel for which the Secretary decides that
electronic charts are necessary for the safe navigation of
the vessel.''.
(b) Exemptions and Waivers.--Section 3105(a)(2) of title
46, United States Code, is amended--
(1) in subparagraph (A), by striking ``operates; and'' and
inserting ``operates;'';
(2) in subparagraph (B), by striking ``those waters.'' and
inserting ``those waters; and''; and
(3) by adding at the end the following:
``(C) permit vessels described in subparagraphs (A) through
(D) of paragraph (1) that operate solely landward of the
baseline from which the territorial sea of the United States
is measured to utilize software-based, platform-independent
electronic chart systems that the Secretary determines are
capable of displaying electronic navigational charts with
necessary scale and detail to ensure safe navigation for the
intended voyage.''.
SEC. 3102. SUBROGATED CLAIMS.
(a) In General.--Section 1012(b) of the Oil Pollution Act
of 1990 (33 U.S.C. 2712(b)) is amended--
(1) by striking ``The'' and inserting the following:
``(1) In general.--The''; and
(2) by adding at the end the following:
``(2) Subrogated rights.--Except for a guarantor claim
pursuant to a defense under section 1016(f)(1), Fund
compensation of any claim by an insurer or other indemnifier
of a responsible party or injured third party is subject to
the subrogated rights of that responsible party or injured
third party to such compensation.''.
(b) Effective Date.--This section and the amendments made
by this section shall take effect 180 days after the date of
enactment of this Act.
SEC. 3103. LOAN PROVISIONS UNDER OIL POLLUTION ACT OF 1990.
(a) In General.--Section 1013 of the Oil Pollution Act of
1990 (33 U.S.C. 2713) is amended by striking subsection (f).
(b) Conforming Amendments.--Section 1012(a) of the Oil
Pollution Act of 1990 (33 U.S.C. 2712(a)) is amended--
(1) in paragraph (4), by adding ``and'' after the semicolon
at the end;
(2) in paragraph (5)(D), by striking ``; and'' and
inserting a period; and
(3) by striking paragraph (6).
SEC. 3104. OIL POLLUTION RESEARCH AND DEVELOPMENT PROGRAM.
Section 7001 of the Oil Pollution Act of 1990 (33 U.S.C.
2761) is amended--
(1) in subsection (c)--
(A) in paragraph (1), by inserting ``, technology,'' after
``research'';
(B) in paragraph (2)--
(i) by striking ``this subsection'' and inserting
``paragraph (1)''; and
(ii) by striking ``which are effective in preventing or
mitigating oil discharges and which'' and inserting ``and
methods that are effective in preventing, mitigating, or
restoring damage from oil discharges and that'';
(C) in paragraph (3) by striking ``this subsection'' and
inserting ``paragraph (1)'' each place it appears;
(D) in subparagraph (A) of paragraph (4)--
(i) by striking ``oil discharges. Such program shall'' and
inserting ``acute and chronic oil discharges on coastal and
marine resources (including impacts on protected areas such
as sanctuaries) and protected species, and such program
shall'';
(ii) by redesignating clauses (iii) and (iv) as clauses
(iv) and (v), respectively;
(iii) by inserting after clause (ii) the following:
``(iii) Research to understand and quantify the effects of
sublethal impacts of oil discharge on living natural marine
resources, including impacts on pelagic fish species, marine
mammals, and commercially and recreationally targeted fish
and shellfish species.''; and
(iv) by adding at the end the following:
``(vi) Research to understand the long-term effects of
major oil discharges and the long-term effects of smaller
endemic oil discharges.
``(vii) The identification of potential impacts on
ecosystems, habitat, and wildlife from the additional
toxicity, heavy metal concentrations, and increased
corrosiveness of mixed crude, such as diluted bitumen crude.
``(viii) The development of methods to restore and
rehabilitate natural resources and ecosystem functions
damaged by oil discharges.'';
(E) in paragraph (5) by striking ``this subsection'' and
inserting ``paragraph (1)'';
(F) by striking paragraph (7) and inserting the following:
``(7) Simulated environmental testing.--
``(A) In general.--Agencies represented on the Interagency
Committee shall ensure the long-term use and operation of the
Oil and Hazardous Materials Simulated Environmental Test Tank
(OHMSETT) Research Center in New Jersey for oil pollution
technology testing and evaluations.
``(B) Other testing facilities.--Nothing in subparagraph
(A) shall be construed as limiting the ability of the
Interagency Committee to contract or partner with a facility
or facilities other than the Center described in subparagraph
(A) for the purpose of oil pollution technology testing and
evaluations, provided such a facility or facilities have
testing and evaluation capabilities equal to or greater than
those of such Center.
``(C) In-kind contributions.--
``(i) In general.--The Secretary of the department in which
the Coast Guard is operating and the Administrator of the
Environmental Protection Agency may accept donations of crude
oil and crude oil product samples in the form of in-kind
contributions for use by the Federal Government for product
testing, research and development, and for other purposes as
the Secretary and the Administrator determine appropriate.
``(ii) Use of donated oil.--Oil accepted under clause (i)
may be used directly by the Secretary and shall be provided
to other Federal agencies or departments through interagency
agreements to carry out the purposes of this Act.'';
(G) in paragraph (8)--
(i) in subparagraph (A), by striking ``subsection (b)'' and
inserting ``subsection (d)''; and
(ii) in subparagraph (D)(iii), by striking ``subsection
(b)(1)(F)'' and inserting ``subsection (d)''; and
(H) in paragraph (10)--
(i) by striking ``this subsection'' and inserting
``paragraph (1)'';
(ii) by striking ``agencies represented on the Interagency
Committee'' and inserting ``Under Secretary'';
(iii) by inserting ``, and States and Indian tribes'' after
``other persons''; and
(iv) by striking ``subsection (b)'' and inserting
``subsection (d)'';
(2) in subsection (d), by striking ``subsection (b)'' and
inserting ``subsection (d)'';
(3) in subsection (e), by striking ``Chairman of the
Interagency Committee'' and inserting ``Chair'';
(4) in subsection (f), by striking ``subsection (c)(8)''
each place it appears and inserting ``subsection (e)(8)'';
[[Page H3443]]
(5) by redesignating subsections (c) through (f) as
subsections (e) through (h), respectively; and
(6) by striking subsections (a) and (b) and inserting the
following:
``(a) Definitions.--In this section--
``(1) the term `Chair' means the Chairperson of the
Interagency Committee designated under subsection (c)(2);
``(2) the term `Commandant' means the Commandant of the
Coast Guard;
``(3) the term `institution of higher education' means an
institution of higher education, as defined in section 101(a)
of the Higher Education Act of 1965 (20 U.S.C. 1001(a));
``(4) the term `Interagency Committee' means the
Interagency Coordinating Committee on Oil Pollution Research
established under subsection (b);
``(5) the term `Under Secretary' means the Under Secretary
of Commerce for Oceans and Atmosphere; and
``(6) the term `Vice Chair' means the Vice Chairperson of
the Interagency Committee designated under subsection (c)(3).
``(b) Establishment of Interagency Coordinating Committee
on Oil Pollution Research.--
``(1) Establishment.--There is established an Interagency
Coordinating Committee on Oil Pollution Research.
``(2) Purpose.--The Interagency Committee shall coordinate
a comprehensive program of oil pollution research, technology
development, and demonstration among the Federal agencies, in
cooperation and coordination with industry, 4-year
institutions of higher education and research institutions,
State governments, and other nations, as appropriate, and
shall foster cost-effective research mechanisms, including
the joint funding of research.
``(c) Membership.--
``(1) Composition.--The Interagency Committee shall be
composed of--
``(A) at least 1 representative of the Coast Guard;
``(B) at least 1 representative of the National Oceanic and
Atmospheric Administration;
``(C) at least 1 representative of the Environmental
Protection Agency;
``(D) at least 1 representative of the Department of the
Interior;
``(E) at least 1 representative of the Bureau of Safety and
Environmental Enforcement;
``(F) at least 1 representative of the Bureau of Ocean
Energy Management;
``(G) at least 1 representative of the United States Fish
and Wildlife Service;
``(H) at least 1 representative of the Department of
Energy;
``(I) at least 1 representative of the Pipeline and
Hazardous Materials Safety Administration;
``(J) at least 1 representative of the Federal Emergency
Management Agency;
``(K) at least 1 representative of the Navy;
``(L) at least 1 representative of the Corps of Engineers;
``(M) at least 1 representative of the United States Arctic
Research Commission; and
``(N) at least 1 representative of each of such other
Federal agencies as the President considers to be
appropriate.
``(2) Chairperson.--The Commandant shall designate a
Chairperson from among the members of the Interagency
Committee selected under paragraph (1)(A).
``(3) Vice chairperson.--The Under Secretary shall
designate a Vice Chairperson from among the members of the
Interagency Committee selected under paragraph (1)(B).
``(4) Meetings.--
``(A) Quarterly meetings.--At a minimum, the members of the
Interagency Committee shall meet once each quarter.
``(B) Public summaries.--After each meeting, a summary
shall be made available by the Chair or Vice Chair, as
appropriate.
``(d) Duties of the Interagency Committee.--
``(1) Research.--The Interagency Committee shall--
``(A) coordinate a comprehensive program of oil pollution
research, technology development, and demonstration among the
Federal agencies, in cooperation and coordination with
industry, 4-year institutions of higher education and
research institutions, States, Indian tribes, and other
countries, as appropriate; and
``(B) foster cost-effective research mechanisms, including
the joint funding of research and the development of public-
private partnerships for the purpose of expanding research.
``(2) Oil pollution research and technology plan.--
``(A) Implementation plan.--Not later than 180 days after
the date of enactment of the Elijah E. Cummings Coast Guard
Authorization Act of 2020, the Interagency Committee shall
submit to Congress a research plan to report on the state of
oil discharge prevention and response capabilities that--
``(i) identifies current research programs conducted by
Federal agencies, States, Indian tribes, 4-year institutions
of higher education, and corporate entities;
``(ii) assesses the current status of knowledge on oil
pollution prevention, response, and mitigation technologies
and effects of oil pollution on the environment;
``(iii) identifies significant oil pollution research gaps,
including an assessment of major technological deficiencies
in responses to past oil discharges;
``(iv) establishes national research priorities and goals
for oil pollution technology development related to
prevention, response, mitigation, and environmental effects;
``(v) assesses the research on the applicability and
effectiveness of the prevention, response, and mitigation
technologies to each class of oil;
``(vi) estimates the resources needed to conduct the oil
pollution research and development program established
pursuant to subsection (e), and timetables for completing
research tasks;
``(vii) summarizes research on response equipment in
varying environmental conditions, such as in currents, ice
cover, and ice floes; and
``(viii) includes such other information or recommendations
as the Interagency Committee determines to be appropriate.
``(B) Advice and guidance.--
``(i) National academy of sciences contract.--The Chair,
through the department in which the Coast Guard is operating,
shall contract with the National Academy of Sciences to--
``(I) provide advice and guidance in the preparation and
development of the research plan;
``(II) assess the adequacy of the plan as submitted, and
submit a report to Congress on the conclusions of such
assessment; and
``(III) provide organization guidance regarding the
implementation of the research plan, including delegation of
topics and research among Federal agencies represented on the
Interagency Committee.
``(ii) NIST advice and guidance.--The National Institute of
Standards and Technology shall provide the Interagency
Committee with advice and guidance on issues relating to
quality assurance and standards measurements relating to its
activities under this section.
``(C) 10-year updates.--Not later than 10 years after the
date of enactment of the Elijah E. Cummings Coast Guard
Authorization Act of 2020, and every 10 years thereafter, the
Interagency Committee shall submit to Congress a research
plan that updates the information contained in the previous
research plan submitted under this subsection.''.
SEC. 3105. LIMITED INDEMNITY PROVISIONS IN STANDBY OIL SPILL
RESPONSE CONTRACTS.
(a) In General.--Subject to subsections (b) and (c), a
contract for the containment or removal of a discharge
entered into by the President under section 311(c) of the
Federal Water Pollution Control Act (33 U.S.C. 1321(c)) shall
contain a provision to indemnify a contractor for liabilities
and expenses incidental to the containment or removal arising
out of the performance of the contract that is substantially
identical to the terms contained in subsections (d) through
(h) of section H.4 (except for paragraph (1) of subsection
(d)) of the contract offered by the Coast Guard in the
solicitation numbered DTCG89-98-A-68F953 and dated November
17, 1998.
(b) Requirements.--
(1) Source of funds.--The provision required under
subsection (a) shall include a provision that the obligation
to indemnify is limited to funds available in the Oil Spill
Liability Trust Fund established by section 9509(a) of the
Internal Revenue Code of 1986 at the time the claim for
indemnity is made.
(2) Uncompensated removal.--A claim for indemnity under a
contract described in subsection (a) shall be made as a claim
for uncompensated removal costs under section 1012(a)(4) of
the Oil Pollution Act of 1990 (33 U.S.C. 2712(a)(4)).
(3) Limitation.--The total indemnity for a claim under a
contract described in subsection (a) may not be more than
$50,000 per incident.
(c) Applicability of Exemptions.--Notwithstanding
subsection (a), the United States shall not be obligated to
indemnify a contractor for any act or omission of the
contractor carried out pursuant to a contract entered into
under this section where such act or omission is grossly
negligent or which constitutes willful misconduct.
Subtitle B--Shipping
SEC. 3201. PASSENGER VESSEL SECURITY AND SAFETY REQUIREMENTS;
APPLICATION.
Section 3507(k)(1) of title 46, United States Code, is
amended--
(1) in subparagraph (B), by adding ``and'' after the
semicolon at the end;
(2) in subparagraph (C), by striking ``; and'' and
inserting a period; and
(3) by striking subparagraph (D).
SEC. 3202. SMALL PASSENGER VESSELS AND UNINSPECTED PASSENGER
VESSELS.
Section 12121 of title 46, United States Code, is amended--
(1) in subsection (a)(1), by striking subparagraphs (A) and
(B) and inserting the following:
``(A) was built in the United States;
``(B) was not built in the United States and is at least 3
years old; or
``(C) if rebuilt, was rebuilt--
``(i) in the United States; or
``(ii) outside the United States at least 3 years before
the certificate requested under subsection (b) would take
effect.''; and
(2) in subsection (b), by inserting ``12132,'' after
``12113,''.
SEC. 3203. NON-OPERATING INDIVIDUAL.
(a) In General.--The Secretary of the department in which
the Coast Guard is operating shall not enforce section 8701
of title 46, United States Code, with respect to the
following:
(1) A vessel with respect to individuals, other than crew
members required by the
[[Page H3444]]
Certificate of Inspection or to ensure the safe navigation of
the vessel and not a member of the steward's department,
engaged on board for the sole purpose of carrying out spill
response activities, salvage, marine firefighting, or
commercial diving business or functions from or on any
vessel, including marine firefighters, spill response
personnel, salvage personnel, and commercial divers and
diving support personnel.
(2) An offshore supply vessel, an industrial vessel (as
such term is defined in section 90.10-16 of title 46, Code of
Federal Regulations), or other similarly engaged vessel with
respect to persons engaged in the business of the ship on
board the vessel--
(A) for--
(i) supporting or executing the industrial business or
function of the vessel;
(ii) brief periods to conduct surveys or investigations,
assess crew competence, conduct vessel trials, provide
extraordinary security resources, or similar tasks not
traditionally performed by the vessel crew; or
(iii) performing maintenance tasks on equipment under
warranty, or on equipment not owned by the vessel owner, or
maintenance beyond the capability of the vessel crew to
perform; and
(B) not the master or crew members required by the
certificate of inspection and not a member of the steward's
department.
(b) Sunset.--The prohibition in subsection (a) shall
terminate on the date that is 2 years after the date of the
enactment of this Act.
(c) Report.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report detailing
recommendations to ensure that personnel working on a vessel
who perform work or operate equipment on such vessel not
related to the operation of the vessel itself undergo a
background check and the appropriate training necessary to
ensure personnel safety and the safety of the vessel's crew.
(2) Contents.--The report required under paragraph (1)
shall include, at a minimum, a discussion of--
(A) options and recommendations for ensuring that the
individuals covered by subsection (a) are appropriately
screened to mitigate security and safety risks, including to
detect substance abuse;
(B) communication and collaboration between the Coast
Guard, the department in which the Coast Guard is operating,
and relevant stakeholders regarding the development of
processes and requirements for conducting background checks
and ensuring such individuals receive basic safety
familiarization and basic safety training approved by the
Coast Guard;
(C) any identified legislative changes necessary to
implement effective training and screening requirements for
individuals covered by subsection (a); and
(D) the timeline and milestones for implementing such
requirements.
SEC. 3204. CONFORMING AMENDMENTS: TRAINING; PUBLIC SAFETY
PERSONNEL.
Chapter 701 of title 46, United States Code, is amended--
(1) in section 70107--
(A) in subsection (a), by striking ``law enforcement
personnel'' and inserting ``public safety personnel'';
(B) in subsection (b)(8), by striking ``law enforcement
personnel--'' and inserting ``public safety personnel--'';
and
(C) in subsection (c)(2)(C), by striking ``law enforcement
agency personnel'' and inserting ``public safety personnel'';
and
(2) in section 70132--
(A) in subsection (a), by striking ``law enforcement
personnel--'' and inserting ``public safety personnel--'';
(B) in subsection (b), by striking ``law enforcement
personnel'' each place it appears and inserting ``public
safety personnel''; and
(C) by adding at the end the following:
``(d) Public Safety Personnel Defined.--For the purposes of
this section, the term `public safety personnel' includes any
Federal, State (or political subdivision thereof),
territorial, or Tribal law enforcement officer, firefighter,
or emergency response provider.''.
SEC. 3205. MARITIME TRANSPORTATION ASSESSMENT.
Section 55501(e) of title 46, United States Code, is
amended--
(1) in paragraph (2), by striking ``an assessment of the
condition'' and inserting ``a conditions and performance
analysis'';
(2) in paragraph (4), by striking ``; and'' and inserting a
semicolon;
(3) in paragraph (5), by striking the period and inserting
``; and''; and
(4) by adding at the end the following:
``(6) a compendium of the Federal programs engaged in the
maritime transportation system.''.
SEC. 3206. ENGINE CUT-OFF SWITCHES; USE REQUIREMENT.
(a) In General.--Section 4312 of title 46, United States
Code, is amended--
(1) by redesignating subsections (b), (c), and (d) as
subsections (c), (d), and (e), respectively; and
(2) by inserting after subsection (a) the following:
``(b) Use Requirement.--
``(1) In general.--An individual operating a covered
recreational vessel shall use an engine cut-off switch link
while operating on plane or above displacement speed.
``(2) Exceptions.--The requirement under paragraph (1)
shall not apply if--
``(A) the main helm of the covered vessel is installed
within an enclosed cabin; or
``(B) the vessel does not have an engine cut-off switch and
is not required to have one under subsection (a).''.
(b) Civil Penalty.--Section 4311 of title 46, United States
Code, is amended by--
(1) redesignating subsections (c), (d), (e), (f), and (g)
as subsections (d), (e), (f), (g), and (h), respectively; and
(2) inserting after subsection (b) the following:
``(c) A person violating section 4312(b) of this title is
liable to the United States Government for a civil penalty of
not more than--
``(1) $100 for the first offense;
``(2) $250 for the second offense; and
``(3) $500 for any subsequent offense.''.
(c) Effective Date.--The amendments made in subsections (a)
and (b) shall take effect 90 days after the date of the
enactment of this section, unless the Commandant, prior to
the date that is 90 days after the date of the enactment of
this section, determines that the use requirement enacted in
subsection (a) would not promote recreational boating safety.
SEC. 3207. AUTHORITY TO WAIVE OPERATOR OF SELF-PROPELLED
UNINSPECTED PASSENGER VESSEL REQUIREMENTS.
Section 8905 of title 46, United States Code, is amended by
adding at the end the following:
``(c) After consultation with the Governor of Alaska and
the State boating law administrator of Alaska, the Secretary
may exempt an individual operating a self-propelled
uninspected passenger vessel from the requirements of section
8903 of this title, if--
``(1) the individual only operates such vessel wholly
within waters located in Alaska; and
``(2) such vessel is--
``(A) 26 feet or less in length; and
``(B) carrying not more than 6 passengers.''.
SEC. 3208. EXEMPTIONS AND EQUIVALENTS.
(a) In General.--Section 4305 of title 46, United States
Code, is amended--
(1) by striking the heading and inserting the following:
``Sec. 4305. Exemptions and equivalents'';
(2) by striking ``If the Secretary'' and inserting the
following:
``(a) Exemptions.--If the Secretary''; and
(3) by adding at the end the following:
``(b) Equivalents.--The Secretary may accept a substitution
for associated equipment performance or other safety
standards for a recreational vessel if the substitution
provides an equivalent level of safety.''.
(b) Clerical Amendment.--The analysis for chapter 43 of
title 46, United States Code, is amended by striking the item
relating to section 4305 and inserting the following:
``4305. Exemptions and equivalents.''.
SEC. 3209. WAIVER OF NAVIGATION AND VESSEL INSPECTION LAWS.
Section 501(a) of title 46, United States Code, is
amended--
(1) by striking ``On request'' and inserting the following:
``(1) In general.--On request''; and
(2) by adding at the end the following:
``(2) Explanation.--Not later than 24 hours after making a
request under paragraph (1), the Secretary of Defense shall
submit to the Committees on Transportation and Infrastructure
and Armed Services of the House of Representatives and the
Committees on Commerce, Science, and Transportation and Armed
Services of the Senate a written explanation of the
circumstances requiring such a waiver in the interest of
national defense, including a confirmation that there are
insufficient qualified vessels to meet the needs of national
defense without such a waiver.''.
SEC. 3210. RENEWAL OF MERCHANT MARINER LICENSES AND
DOCUMENTS.
Not later than 60 days after the date of the enactment of
this Act, the Commandant shall provide to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a briefing on the Coast Guard's
implementation of section 7106 of title 46, United States
Code--
(1) an overview of the manner in which the Coast Guard
manages and processes renewal applications under such
section, including communication with the applicant regarding
application status;
(2) the number of applications received and approved over
the previous 2 years, or in the event applications were
denied, a summary detailing the reasons for such denial;
(3) an accounting of renewal applications filed up to 8
months in advance of the expiration of a pre-existing
license, including the processing of such applications and
communication with the applicant regarding application status
or any other extenuating circumstances; and
(4) any other regulatory or statutory changes that would be
necessary to further improve the Coast Guard's issuance of
credentials to fully qualified mariners in the most effective
and efficient manner possible in order to ensure a safe,
secure, economically and environmentally sound marine
transportation system.
SEC. 3211. CERTIFICATE EXTENSIONS.
(a) In General.--Subchapter I of chapter 121 of title 46,
United States Code, is amended by adding at the end the
following:
[[Page H3445]]
``Sec. 12108. Authority to extend duration of vessel
certificates
``(a) Certificates.--Provided a vessel is in compliance
with inspection requirements in section 3313, the Secretary
of the department in which in the Coast Guard is operating
may, if the Secretary makes the determination described in
subsection (b), extend, for a period of not more than 1 year,
an expiring certificate of documentation issued for a vessel
under chapter 121.
``(b) Determination.--The determination referred to in
subsection (a) is a determination that such extension is
required to enable the Coast Guard to--
``(1) eliminate a backlog in processing applications for
such certificates; or
``(2) act in response to a national emergency or natural
disaster.
``(c) Manner of Extension.--Any extension granted under
this section may be granted to individual vessels or to a
specifically identified group of vessels.''.
(b) Clerical Amendment.--The analysis for subchapter I of
chapter 121 of title 46, United States Code, is amended by
adding at the end the following:
``12108. Authority to extend duration of vessel certificates.''.
SEC. 3212. VESSEL SAFETY STANDARDS.
(a) Fishing Safety Training Grants Program.--Subsection (i)
of section 4502 of title 46, United States Code, is amended--
(1) in paragraph (3), by striking ``50 percent'' and
inserting ``75 percent''; and
(2) in paragraph (4), by striking ``2019'' and inserting
``2021''.
(b) Fishing Safety Research Grant Program.--Subsection (j)
of such section is amended--
(1) in paragraph (3), by striking ``50 percent'' and
inserting ``75 percent''; and
(2) in paragraph (4), by striking ``2019'' and inserting
``2021''.
(c) Fishing Safety Grants.--The cap on the Federal share of
the cost of any activity carried out with a grant under
subsections (i) and (j) of section 4502 of title 46, United
States Code, as in effect prior to the date of enactment of
the Frank LoBiondo Coast Guard Authorization Act of 2018,
shall apply to any funds appropriated under the Consolidated
Appropriations Act, 2017 (Public Law 115-31) for the purpose
of making such grants.
SEC. 3213. MEDICAL STANDARDS.
(a) In General.--Chapter 35 of title 46, United States
Code, is amended by adding at the end the following:
``Sec. 3509. Medical standards
``The owner of a vessel to which section 3507 applies shall
ensure that--
``(1) a physician is always present and available to treat
any passengers who may be on board the vessel in the event of
an emergency situation;
``(2) the vessel is in compliance with the Health Care
Guidelines for Cruise Ship Medical Facilities established by
the American College of Emergency Physicians; and
``(3) the initial safety briefing given to the passengers
on board the vessel includes--
``(A) the location of the vessel's medical facilities; and
``(B) the appropriate steps passengers should follow during
a medical emergency.''.
(b) Clerical Amendment.--The analysis for chapter 35 of
title 46, United States Code, is amended by adding at the end
the following:
``3509. Medical standards.''.
Subtitle C--Advisory Committees
SEC. 3301. ADVISORY COMMITTEES.
(a) National Offshore Safety Advisory Committee;
Representation.--Section 15106(c)(3) of title 46, United
States Code, is amended--
(1) in subparagraph (C), by striking ``mineral and oil
operations, including geophysical services'' and inserting
``operations'';
(2) in subparagraph (D), by striking ``exploration and
recovery'';
(3) in subparagraph (E), by striking ``engaged in diving
services related to offshore construction, inspection, and
maintenance'' and inserting ``providing diving services to
the offshore industry'';
(4) in subparagraph (F), by striking ``engaged in safety
and training services related to offshore exploration and
construction'' and inserting ``providing safety and training
services to the offshore industry'';
(5) in subparagraph (G), by striking ``engaged in
pipelaying services related to offshore construction'' and
inserting ``providing subsea engineering, construction, or
remotely operated vehicle support to the offshore industry'';
(6) in subparagraph (H), by striking ``mineral and
energy'';
(7) in subparagraph (I), by inserting ``and entities
providing environmental protection, compliance, or response
services to the offshore industry'' after ``national
environmental entities''; and
(8) in subparagraph (J), by striking ``deepwater ports''
and inserting ``entities engaged in offshore oil exploration
and production on the Outer Continental Shelf adjacent to
Alaska''.
(b) Technical Corrections.--Section 15109 of title 46,
United States Code, is amended by inserting ``or to which
this chapter applies'' after ``committee established under
this chapter'' each place it appears.
SEC. 3302. MARITIME TRANSPORTATION SYSTEM NATIONAL ADVISORY
COMMITTEE.
(a) Maritime Transportation System National Advisory
Committee.--Chapter 555 of title 46, United States Code, is
amended by adding at the end the following:
``Sec. 55502. Maritime Transportation System National
Advisory Committee
``(a) Establishment.--There is established a Maritime
Transportation System National Advisory Committee (in this
section referred to as the `Committee').
``(b) Function.--The Committee shall advise the Secretary
of Transportation on matters relating to the United States
maritime transportation system and its seamless integration
with other segments of the transportation system, including
the viability of the United States Merchant Marine.
``(c) Membership.--
``(1) In general.--The Committee shall consist of 27
members appointed by the Secretary of Transportation in
accordance with this section and section 15109.
``(2) Expertise.--Each member of the Committee shall have
particular expertise, knowledge, and experience in matters
relating to the function of the Committee.
``(3) Representation.--Members of the Committee shall be
appointed as follows:
``(A) At least one member shall represent the Environmental
Protection Agency.
``(B) At least one member shall represent the Department of
Commerce.
``(C) At least one member shall represent the Corps of
Engineers.
``(D) At least one member shall represent the Coast Guard.
``(E) At least one member shall represent Customs and
Border Protection.
``(F) At least one member shall represent State and local
governmental entities.
``(G) Additional members shall represent private sector
entities that reflect a cross-section of maritime industries,
including port and water stakeholders, academia, and labor.
``(H) The Secretary may appoint additional representatives
from other Federal agencies as the Secretary considers
appropriate.
``(4) Restrictions on members representing federal
agencies.--Members of the Committee that represent Federal
agencies shall not--
``(A) comprise more than one-third of the total membership
of the Committee or of any subcommittee therein; or
``(B) serve as the chair or co-chair of the Committee or of
any subcommittee therein.
``(5) Administration.--For purposes of section 15109--
``(A) the Committee shall be treated as a committee
established under chapter 151; and
``(B) the Secretary of Transportation shall fulfill all
duties and responsibilities and have all authorities of the
Secretary of Homeland Security with regard to the
Committee.''.
(b) Treatment of Existing Committee.--Notwithstanding any
other provision of law--
(1) an advisory committee substantially similar to the
Committee established by section 55502 of title 46, United
States Code, and that was in force or in effect on the day
before the date of the enactment of this Act, including the
charter, membership, and other aspects of such advisory
committee, may remain in force or in effect for the 2-year
period beginning on the date of the enactment of this
section; and
(2) during such 2-year period--
(A) requirements relating the Maritime Transportation
System National Advisory Committee established by such
section shall be treated as satisfied by such substantially
similar advisory committee; and
(B) the enactment of this section shall not be the basis--
(i) to deem, find, or declare such committee, including the
charter, membership, and other aspects thereof, void, not in
force, or not in effect;
(ii) to suspend the activities of such committee; or
(iii) to bar the members of such committee from a meeting.
(c) Clerical Amendment.--The analysis for chapter 555 of
title 46, United States Code, is amended by adding at the end
the following:
``55502. Maritime Transportation System National Advisory Committee.''.
(d) Repeal.--Section 55603 of title 46, United States Code,
and the item relating to that section in the analysis for
chapter 556 of that title, are repealed.
SEC. 3303. EXPIRED MARITIME LIENS.
Section 31343(e) of title 46, United States Code, is
amended--
(1) by inserting ``(1)'' before ``A notice''; and
(2) by inserting after paragraph (1), as so designated by
this section, the following:
``(2) On expiration of a notice of claim of lien under
paragraph (1), and after a request by the vessel owner, the
Secretary shall annotate the abstract of title to reflect the
expiration of the lien.''.
SEC. 3304. GREAT LAKES PILOTAGE ADVISORY COMMITTEE.
(a) In General.--Section 9307 of title 46, United States
Code, is amended--
(1) in subsection (b)--
(A) in paragraph (1), by striking ``seven'' and inserting
``8''; and
(B) in paragraph (2)--
(i) in subparagraph (B), by striking ``representing the
interests of'' and inserting ``chosen from among nominations
made by'';
(ii) in subparagraph (C), by striking ``representing the
interests of Great Lakes ports''
[[Page H3446]]
and inserting ``chosen from among nominations made by Great
Lakes port authorities and marine terminals'';
(iii) in subparagraph (D)--
(I) by striking ``representing the interests of'' and
inserting ``chosen from among nominations made by''; and
(II) by striking ``; and'' and inserting a semicolon;
(iv) by redesignating subparagraph (E) as subparagraph (F);
(v) by inserting after subparagraph (D) the following:
``(E) one member chosen from among nominations made by
Great Lakes maritime labor organizations; and''; and
(vi) in subparagraph (F), as so redesignated, by striking
``with a background in finance or accounting,''; and
(2) in subsection (f)(1), by striking ``2020'' and
inserting ``2030''.
(b) Committee Deemed Not Expired.--Notwithstanding section
9307(f)(1) of title 46, United States Code, in any case in
which the date of enactment of this Act occurs after
September 30, 2020, the Great Lakes Pilotage Advisory
Committee in existence as of September 30, 2020, shall be
deemed not expired during the period beginning on September
30, 2020 through the date of enactment of this Act.
Accordingly, the committee membership, charter, and the
activities of such Committee shall continue as though such
Committee had not expired.
SEC. 3305. NATIONAL COMMERCIAL FISHING SAFETY ADVISORY
COMMITTEE.
(a) National Commercial Fishing Safety Advisory
Committee.--
(1) Amendments to section 15102.--Section 15102 of title
46, United States Code, is amended--
(A) in subsection (b)--
(i) in paragraph (1)--
(I) by inserting ``and provide recommendations in writing
to'' after ``advise''; and
(II) in subparagraph (E), by striking ``and'' after the
semicolon; and
(ii) in paragraph (2)--
(I) by striking the period and inserting ``; and''; and
(II) by adding at the end the following:
``(3) review marine casualties and investigations of
vessels covered by chapter 45 of this title and make
recommendations to the Secretary to improve safety and reduce
vessel casualties.''; and
(B) by adding at the end the following:
``(d) Quorum.--A quorum of 10 members is required to send
any written recommendations from the Committee to the
Secretary.
``(e) Savings Clause.--Nothing in this section shall
preclude the Secretary from taking emergency action to ensure
safety and preservation of life at sea.''.
(2) Amendments to section 15109.--Section 15109 of title
46, United States Code, is amended--
(A) in subsection (a)--
(i) by striking ``Each'' and inserting the following:
``(1) In general.--Except as provided in paragraph (2),
each''; and
(ii) by adding at the end the following:
``(2) Minimum requirements.--The committee established
under section 15102, shall--
``(A) meet in-person, not less frequently than twice each
year, at the call of the Secretary of a majority of the
members of the committee;
``(B) hold additional meetings as necessary;
``(C) post the minutes of each meeting of the committee on
a publicly available website not later than 2 weeks after the
date on which a meeting concludes; and
``(D) provide reasonable public notice of any meeting of
the committee, and publish such notice in the Federal
Register and on a publicly available website.'';
(B) in subsection (f)(8)--
(i) by striking ``Notwithstanding'' and inserting the
following:
``(A) Reappointment.--Notwithstanding''; and
(ii) by adding at the end the following:
``(B) Limitation.--With respect to the committee
established under section 15102, members may serve not more
than 3 terms.'';
(C) in subsection (j)(3)--
(i) in subparagraph (B), by striking ``and'';
(ii) in subparagraph (C), by striking the period and
inserting ``; and''; and
(iii) by adding at the end the following:
``(D) make all responses required by subparagraph (C) which
are related to recommendations made by the committee
established under section 15102 available to the public not
later than 30 days after the date of response.'';
(D) by amending subsection (k) to read as follows:
``(k) Observers.--
``(1) In general.--Any Federal agency with matters under
such agency's administrative jurisdiction related to the
function of a committee established under this chapter may
designate a representative to--
``(A) attend any meeting of such committee; and
``(B) participate as an observer at meetings of such
committee that relate to such a matter.
``(2) National commercial fishing safety advisory
committee.--With respect to the committee established under
section 15102, the Commandant of the Coast Guard shall
designate a representative under paragraph (1).'';
(E) in subsection (l), by striking ``2027'' and inserting
``2029'';
(F) by redesignating subsection (l) as subsection (m);
(G) by inserting after subsection (k) the following:
``(l) Technical Assistance.--
``(1) In general.--The Secretary shall provide technical
assistance to the Committee if requested by the Chairman.
``(2) Committee consultation.--With respect to the
committee established under section 15102, the Chairman of
the committee shall seek expertise from the fishing industry,
marine safety experts, the shipbuilding industry, and others
as the committee determines appropriate.''; and
(H) by adding at the end the following:
``(n) Savings Clause.--Nothing in this section shall
preclude the Secretary from taking emergency action to ensure
safety and preservation of life at sea.''.
SEC. 3306. EXEMPTION OF COMMERCIAL FISHING VESSELS OPERATING
IN ALASKAN REGION FROM GLOBAL MARITIME DISTRESS
AND SAFETY SYSTEM REQUIREMENTS OF FEDERAL
COMMUNICATIONS COMMISSION.
(a) Definition of Secretary.--In this section, the term
``Secretary'' means the Secretary of the department in which
the Coast Guard is operating.
(b) Exemption.--Subject to subsection (c), the Federal
Communications Commission shall exempt fishing vessels that
primarily operate in the Alaskan Region, including fishing
vessels that transit from States in the Pacific Northwest to
conduct fishing operations in the Alaskan Region, from the
requirements relating to carriage of VHF-DSC and MF-DSC
equipment under subpart W of part 80 of title 47, Code of
Federal Regulations, or any successor regulation.
(c) Functional Requirements.--A fishing vessel exempted
under subsection (b) shall--
(1) be capable of transmitting ship-to-shore distress
alerts using not fewer than 2 separate and independent
systems, each using a different radio communication service;
(2) be equipped with--
(A) a VHF radiotelephone installation;
(B) an MF or HF radiotelephone installation;
(C) a Category 1, 406.0-406.1 MHz EPIRB meeting the
requirements of section 80.1061 of title 47, Code of Federal
Regulations, or any successor regulation;
(D) a NAVTEX receiver meeting the requirements of section
80.1101(c)(1) of title 47, Code of Federal Regulations, or
any successor regulation;
(E) survival craft equipment meeting the requirements of
section 80.1095 of title 47, Code of Federal Regulations, or
any successor regulation; and
(F) a Search and Rescue Transponder meeting the
requirements of section 80.1101(c)(6) of title 47, Code of
Federal Regulations, or any successor regulation;
(3) maintain a continuous watch on VHF Channel 16; and
(4) as an alternative to the equipment listed in
subparagraphs (A) through (F) of paragraph (2), carry
equipment found by the Federal Communications Commission, in
consultation with the Secretary, to be equivalent or superior
with respect to ensuring the safety of the vessel.
(d) Definition of Alaskan Region.--Not later than 30 days
after the date of enactment of this Act, the Secretary shall
define the term ``Alaskan Region'' for purposes of this
section. The Secretary shall include in the definition of
such term the area of responsibility of Coast Guard District
17.
Subtitle D--Ports
SEC. 3401. PORT, HARBOR, AND COASTAL FACILITY SECURITY.
Section 70116 of title 46, United States Code, is amended--
(1) in subsection (a), by inserting ``, cyber incidents,
transnational organized crime, and foreign state threats''
after ``an act of terrorism'';
(2) in subsection (b)--
(A) in paragraphs (1) and (2), by inserting ``cyber
incidents, transnational organized crime, and foreign state
threats'' after ``terrorism'' each place it appears; and
(B) in paragraph (3)--
(i) by striking ``armed'' and inserting ``, armed (as
needed),''; and
(ii) by striking ``terrorism or transportation security
incidents,'' and inserting ``terrorism, cyber incidents,
transnational organized crime, foreign state threats, or
transportation security incidents,''; and
(3) in subsection (c)--
(A) by striking ``70034,'' and inserting ``70033,''; and
(B) by adding at the end the following new sentence: ``When
preventing or responding to acts of terrorism, cyber
incidents, transnational organized crime, or foreign state
threats, the Secretary may carry out this section without
regard to chapters 5 and 6 of title 5 or Executive Orders
12866 and 13563.''.
SEC. 3402. AIMING LASER POINTER AT VESSEL.
(a) In General.--Subchapter II of chapter 700 of title 46,
United States Code, is amended by adding at the end the
following:
``Sec. 70014. Aiming laser pointer at vessel
``(a) Prohibition.--It shall be unlawful to cause the beam
of a laser pointer to strike a vessel operating on the
navigable waters of the United States.
``(b) Exceptions.--This section shall not apply to a member
or element of the Department of Defense or Department of
Homeland Security acting in an official capacity for the
purpose of research, development, operations, testing, or
training.
[[Page H3447]]
``(c) Laser Pointer Defined.--In this section the term
`laser pointer' means any device designed or used to amplify
electromagnetic radiation by stimulated emission that emits a
beam designed to be used by the operator as a pointer or
highlighter to indicate, mark, or identify a specific
position, place, item, or object.''.
(b) Clerical Amendment.--The analysis for subchapter II of
chapter 700 of title 46, United States Code, is amended by
adding at the end the following:
``70014. Aiming laser pointer at vessel.''.
SEC. 3403. SAFETY OF SPECIAL ACTIVITIES.
(a) In General.--The Secretary of the department in which
the Coast Guard is operating shall conduct a 2-year pilot
program to establish and implement a process to--
(1) establish safety zones to address special activities in
the exclusive economic zone;
(2) account for the number of safety zones established for
special activities;
(3) differentiate whether an applicant who requests a
safety zone for such activities is--
(A) an individual;
(B) an organization; or
(C) a government entity; and
(4) account for Coast Guard resources utilized to enforce
safety zones established for special activities, including--
(A) the number of Coast Guard or Coast Guard Auxiliary
vessels used; and
(B) the number of Coast Guard or Coast Guard Auxiliary
patrol hours required.
(b) Briefing.--Not later than 180 days after the expiration
of the 2-year pilot program, the Commandant shall brief the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science,
and Transportation of the Senate regarding--
(1) the process required under subsection (a); and
(2) whether the authority to establish safety zones to
address special activities in the exclusive economic zone
should be extended or made permanent in the interest of
safety.
(c) Definitions.--In this section:
(1) Safety zone.--The term ``safety zone'' has the meaning
given such term in section 165.20 of title 33, Code of
Federal Regulations.
(2) Special activities.--The term ``special activities''
includes--
(A) space activities, including launch and reentry, as such
terms are defined in section 50902 of title 51, United States
Code, carried out by United States citizens; and
(B) offshore energy development activities, as described in
section 8(p)(1)(C) of the Outer Continental Shelf Lands Act
(43 U.S.C. 1337(p)(1)(C)), on or near a fixed platform.
(3) United states citizen.--The term ``United States
citizen'' has the meaning given the term ``eligible owners''
in section 12103 of title 46, United States Code.
(4) Fixed platform.--The term ``fixed platform'' means an
artificial island, installation, or structure permanently
attached to the sea-bed for the purpose of exploration or
exploitation of resources or for other economic purposes.
SEC. 3404. SECURITY PLANS; REVIEWS.
Section 70103 of title 46, United States Code, is amended--
(1) by amending subsection (b)(3) to read as follows:
``(3) The Secretary shall review and approve Area Maritime
Transportation Security Plans and updates under this
subsection.''; and
(2) in subsection (c)(4), by inserting ``or update'' after
``plan'' each place it appears.
SEC. 3405. VESSEL TRAFFIC SERVICE.
Section 70001 of title 46, United States Code, is amended
to read as follows:
``Sec. 70001. Vessel traffic services
``(a) In General.--Subject to the requirements of section
70004, the Secretary--
``(1) in any port or place under the jurisdiction of the
United States, in the navigable waters of the United States,
or in any area covered by an international agreement
negotiated pursuant to section 70005, may construct, operate,
maintain, improve, or expand vessel traffic services, that
consist of measures for controlling or supervising vessel
traffic or for protecting navigation and the marine
environment and that may include one or more of reporting and
operating requirements, surveillance and communications
systems, routing systems, and fairways;
``(2) shall require appropriate vessels that operate in an
area of a vessel traffic service to utilize or comply with
that service;
``(3) may require vessels to install and use specified
navigation equipment, communications equipment, electronic
relative motion analyzer equipment, or any electronic or
other device necessary to comply with a vessel traffic
service or that is necessary in the interests of vessel
safety, except that the Secretary shall not require fishing
vessels under 300 gross tons as measured under section 14502,
or an alternate tonnage measured under section 14302 as
prescribed by the Secretary under section 14104, or
recreational vessels 65 feet or less to possess or use the
equipment or devices required by this subsection solely under
the authority of this chapter;
``(4) may control vessel traffic in areas subject to the
jurisdiction of the United States that the Secretary
determines to be hazardous, or under conditions of reduced
visibility, adverse weather, vessel congestion, or other
hazardous circumstances, by--
``(A) specifying times of entry, movement, or departure;
``(B) establishing vessel traffic routing schemes;
``(C) establishing vessel size, speed, or draft limitations
and vessel operating conditions; and
``(D) restricting operation, in any hazardous area or under
hazardous conditions, to vessels that have particular
operating characteristics or capabilities that the Secretary
considers necessary for safe operation under the
circumstances;
``(5) may require the receipt of prearrival messages from
any vessel, destined for a port or place subject to the
jurisdiction of the United States, in sufficient time to
permit advance vessel traffic planning before port entry,
which shall include any information that is not already a
matter of record and that the Secretary determines necessary
for the control of the vessel and the safety of the port or
the marine environment; and
``(6) may prohibit the use on vessels of electronic or
other devices that interfere with communication and
navigation equipment, except that such authority shall not
apply to electronic or other devices certified to transmit in
the maritime services by the Federal Communications
Commission and used within the frequency bands 157.1875-
157.4375 MHz and 161.7875-162.0375 MHz.
``(b) National Policy.--
``(1) Establishment and update of national policy.--
``(A) Establishment of policy.--Not later than one year
after the date of enactment of this section, the Secretary
shall establish a national policy which is inclusive of local
variances permitted under subsection (c), to be applied to
all vessel traffic service centers and publish such policy in
the Federal Register.
``(B) Update.--The Secretary shall periodically update the
national policy established under subparagraph (A) and shall
publish such update in the Federal Register or on a publicly
available website.
``(2) Elements.--The national policy established and
updated under paragraph (1) shall include, at a minimum, the
following:
``(A) Standardization of titles, roles, and
responsibilities for all personnel assigned, working, or
employed in a vessel traffic service center.
``(B) Standardization of organizational structure within
vessel traffic service centers, to include supervisory and
reporting chain and processes.
``(C) Establishment of directives for the application of
authority provided to each vessel traffic service center,
specifically with respect to directing or controlling vessel
movement when such action is justified in the interest of
safety.
``(D) Establishment of thresholds and measures for
monitoring, informing, recommending, and directing vessel
traffic.
``(E) Establishment of national procedures and protocols
for vessel traffic management.
``(F) Standardization of training for all vessel traffic
service directors, operators, and watchstanders.
``(G) Establishment of certification and competency
evaluation for all vessel traffic service directors,
operators, and watchstanders.
``(H) Establishment of standard operating language when
communicating with vessel traffic users.
``(I) Establishment of data collection, storage,
management, archiving, and dissemination policies and
procedures for vessel incidents and near-miss incidents.
``(c) Local Variances.--
``(1) Development.--In this section, the Secretary may
provide for such local variances as the Secretary considers
appropriate to account for the unique vessel traffic,
waterway characteristics, and any additional factors that are
appropriate to enhance navigational safety in any area where
vessel traffic services are provided.
``(2) Review and approval by secretary.--The Captain of the
Port covered by a vessel traffic service center may develop
and submit to the Secretary regional policies in addition to
the national policy established and updated under subsection
(b) to account for variances from that national policy with
respect to local vessel traffic conditions and volume,
geography, water body characteristics, waterway usage, and
any additional factors that the Captain considers
appropriate.
``(3) Review and implementation.--Not later than 180 days
after receiving regional policies under paragraph (2)--
``(A) the Secretary shall review such regional policies;
and
``(B) the Captain of the port concerned shall implement the
policies that the Secretary approves.
``(4) Maintenance.--The Secretary shall maintain a central
depository for all local variances approved under this
section.
``(d) Cooperative Agreements.--
``(1) In general.--The Secretary may enter into cooperative
agreements with public or private agencies, authorities,
associations, institutions, corporations, organizations, or
other persons to carry out the functions under subsection
(a)(1).
``(2) International coordination.--With respect to vessel
traffic service areas that cross international boundaries,
the Secretary may enter into bilateral or cooperative
agreements with international partners to jointly carry out
the functions under subsection (a)(1) and to jointly manage
such areas to collect, share, assess, and analyze information
in the possession or control of the international partner.
``(3) Limitation.--
[[Page H3448]]
``(A) Inherently governmental function.--A nongovernmental
entity may not under this subsection carry out an inherently
governmental function.
``(B) Definition of inherently governmental function.--In
this paragraph, the term `inherently governmental function'
means any activity that is so intimately related to the
public interest as to mandate performance by an officer or
employee of the Federal Government, including an activity
that requires either the exercise of discretion in applying
the authority of the Government or the use of judgment in
making a decision for the Government.
``(4) Disclosure.--The Commandant of the Coast Guard shall
de-identify information prior to release to the public,
including near miss incidents.
``(e) Performance Evaluation.--
``(1) In general.--The Secretary shall develop and
implement a standard method for evaluating the performance of
vessel traffic service centers.
``(2) Elements.--The standard method developed and
implemented under paragraph (1) shall include, at a minimum,
analysis and collection of data with respect to the following
within a vessel traffic service area covered by each vessel
traffic service center:
``(A) Volume of vessel traffic, categorized by type of
vessel.
``(B) Total volume of flammable, combustible, or hazardous
liquid cargo transported, categorized by vessel type as
provided in the Notice of Arrival, if applicable, or as
determined by other means.
``(C) Data on near-miss incidents.
``(D) Data on marine casualties.
``(E) Application by vessel traffic operators of traffic
management authority during near-miss incidents and marine
casualties.
``(F) Other additional methods as the Secretary considers
appropriate.
``(3) Report.--Not later than 1 year after the date of the
enactment of this paragraph, and biennially thereafter, the
Secretary shall submit to the Committee on Commerce, Science,
and Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the evaluation conducted under
paragraph (1) of the performance of vessel traffic service
centers, including--
``(A) recommendations to improve safety and performance;
and
``(B) data regarding marine casualties and near-miss
incidents that have occurred during the period covered by the
report.
``(f) Risk Assessment Program.--
``(1) In general.--The Secretary shall develop a continuous
risk assessment program to evaluate and mitigate safety risks
for each vessel traffic service area to improve safety and
reduce the risks of oil and hazardous material discharge in
navigable waters.
``(2) Method for assessment.--The Secretary, in
coordination with stakeholders and the public, shall develop
a standard method for conducting risk assessments under
paragraph (1) that includes the collection and management of
all information necessary to identify and analyze potential
hazardous navigational trends within a vessel traffic service
area.
``(3) Information to be assessed.--
``(A) In general.--The Secretary shall ensure that a risk
assessment conducted under paragraph (1) includes an
assessment of the following:
``(i) Volume of vessel traffic, categorized by type of
vessel.
``(ii) Total volume of flammable, combustible, or hazardous
liquid cargo transported, categorized by vessel type as
provided in the Notice of Arrival, if applicable, or as
determined by other means.
``(iii) Data on near-miss events incidents.
``(iv) Data on marine casualties.
``(v) Geographic locations for near-miss events incidents
and marine casualties, including latitude and longitude.
``(vi) Cyclical risk factors such as weather, seasonal
water body currents, tides, bathymetry, and topography.
``(vii) Weather data, in coordination with the National
Oceanic and Atmospheric Administration.
``(B) Information storage and management policies.--The
Secretary shall retain all information collected under
subparagraph (A) and ensure policies and procedures are in
place to standardize the format in which that information is
retained to facilitate statistical analysis of that
information to calculate within a vessel traffic service
area, at a minimum, the incident rate, intervention rate, and
casualty prevention rate.
``(4) Public availability.--
``(A) Assessments and information.--In accordance with
section 552 of title 5, the Secretary shall make any risk
assessments conducted under paragraph (1) and any information
collected under paragraph (3)(A) available to the public.
``(B) Information in possession or control of international
partners.--The Secretary shall endeavor to coordinate with
international partners as described in subsection (d)(2) to
enter into agreements to make information collected, shared,
and analyzed under that paragraph available to the public.
``(C) Disclosure.--The Commandant of the Coast Guard shall
de-identify information prior to release to the public,
including near-miss incidents.
``(g) Vessel Traffic Service Training.--
``(1) Training program.--
``(A) In general.--The Secretary shall develop a
comprehensive nationwide training program for all vessel
traffic service directors, operators, and watchstanders.
``(B) Elements.--The comprehensive nationwide training
program under subparagraph (A) and any variances to that
program under subsection (c) shall include, at a minimum, the
following:
``(i) Realistic vessel traffic scenarios to the maximum
extent practicable that integrate--
``(I) the national policy developed under subsection (b);
``(II) international rules under the International
Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.);
``(III) inland navigation rules under part 83 of title 33,
Code of Federal Regulations;
``(IV) the application of vessel traffic authority; and
``(V) communication with vessel traffic service users.
``(ii) Proficiency training with respect to use,
interpretation, and integration of available data on vessel
traffic service display systems such as radar, and vessel
automatic identification system feeds.
``(iii) Practical application of--
``(I) the international rules under the International
Navigational Rules Act of 1977 (33 U.S.C. 1601 et seq.); and
``(II) the inland navigation rules under part 83 of title
33, Code of Federal Regulations.
``(iv) Proficiency training with respect to the operation
of radio communications equipment and any other applicable
systems necessary to execute vessel traffic service
authorities.
``(v) Incorporation of the Standard Marine Communication
Phrases adopted by the International Maritime Organization by
resolution on April 4, 2000, as amended and consolidated, or
any successor resolution.
``(vi) Incorporation to the maximum extent possible of
guidance and recommendations contained in vessel traffic
services operator training, vessel traffic services
supervisor training, or other relevant training set forth by
the International Association of Marine Aids to Navigation
and Lighthouse Authorities.
``(vii) A minimum number of hours of training for an
individual to complete before the individual is qualified to
fill a vessel traffic services position without supervision.
``(viii) Local area geographic and operational
familiarization.
``(ix) Such additional components as the Secretary
considers appropriate.
``(2) Standard competency qualification process.--
``(A) In general.--The Secretary shall develop a standard
competency qualification process to be applied to all
personnel assigned, employed, or working in a vessel traffic
service center.
``(B) Application of process.--The competency qualification
process developed under subparagraph (A) shall include
measurable thresholds for determining proficiency.
``(3) International and inland navigation rules test.--
``(A) In general.--All personnel assigned, employed, or
working in a vessel traffic service center with
responsibilities that include communicating, interacting, or
directing vessels within a vessel traffic service area, as
determined under the national policy developed under
subsection (b), shall be required to pass a United States
international and inland navigation rules test developed by
the Secretary.
``(B) Elements of test.--The Secretary shall determine the
content and passing standard for the rules test developed
under subparagraph (A).
``(C) Testing frequency.--The Secretary shall establish a
frequency, not to exceed once every 5 years, for personnel
described in subparagraph (A) to be required to pass the
rules test developed under such subparagraph.
``(h) Research on Vessel Traffic.--
``(1) Vessel communication.--The Secretary shall conduct
research, in consultation with subject matter experts
identified by the Secretary, to develop more effective
procedures for monitoring vessel communications on radio
frequencies to identify and address unsafe situations in a
vessel traffic service area. The Secretary shall consider
data collected under subparagraph (A) of subsection (f)(3).
``(2) Professional mariner representation.--
``(A) In general.--The Secretary shall conduct research, in
consultation with local stakeholders and subject matter
experts identified by the Secretary, to evaluate and
determine the feasibility, costs and benefits of
representation by professional mariners on the vessel traffic
service watchfloor at each vessel traffic service center.
``(B) Implementation.--The Secretary shall implement
representation by professional mariners on the vessel traffic
service watchfloor at those vessel traffic service centers
for which it is determined feasible and beneficial pursuant
to research conducted under subparagraph (A).
``(i) Inclusion of Identification System on Certain
Vessels.--
``(1) In general.--The National Navigation Safety Advisory
Committee shall advise and provide recommendations to the
Secretary on matters relating to the practicability, economic
costs, regulatory burden, and navigational impact of
outfitting vessels lacking independent means of propulsion
that carry flammable, combustible, or hazardous liquid
[[Page H3449]]
cargo with vessel automatic identification systems.
``(2) Regulations.--Based on the evaluation under paragraph
(1), the Secretary shall prescribe such regulations as the
Secretary considers appropriate to establish requirements
relating to the outfitting of vessels described in such
subparagraph with vessel automatic identification systems.
``(j) Periodic Review of Vessel Traffic Service Needs.--
``(1) In general.--Based on the performance evaluation
conducted under subsection (e) and the risk assessment
conducted under subsection (f), the Secretary shall
periodically review vessel traffic service areas to
determine--
``(A) if there are any additional vessel traffic service
needs in those areas; and
``(B) if a vessel traffic service area should be moved or
modified.
``(2) Information to be assessed.--
``(A) In general.--The Secretary shall ensure that a review
conducted under paragraph (1) includes an assessment of the
following:
``(i) Volume of vessel traffic, categorized by type of
vessel.
``(ii) Total volume of flammable, combustible, or hazardous
liquid cargo transported, categorized by vessel type as
provided in the Notice of Arrival, if applicable, or as
determined by other means.
``(iii) Data on near miss incidents.
``(iv) Data on marine casualties.
``(v) Geographic locations for near-miss incidents and
marine casualties, including latitude and longitude.
``(vi) Cyclical risk factors such as weather, seasonal
water body currents, tides, bathymetry, and topography.
``(vii) Weather data, in coordination with the National
Oceanic and Atmospheric Administration.
``(3) Stakeholder input.--In conducting the periodic
reviews under paragraph (1), the Secretary shall seek input
from port and waterway stakeholders to identify areas of
increased vessel conflicts or marine casualties that could
benefit from the use of routing measures or vessel traffic
service special areas to improve safety, port security, and
environmental protection.
``(4) Disclosure.--The Commandant of the Coast Guard shall
de-identify information prior to release to the public,
including near miss incidents.
``(k) Limitation of Liability for Coast Guard Vessel
Traffic Service Pilots and Non-Federal Vessel Traffic Service
Operators.--
``(1) Coast guard vessel traffic service pilots.--Any
pilot, acting in the course and scope of his or her duties
while at a Coast Guard Vessel Traffic Service Center, who
provides information, advice, or communication assistance
while under the supervision of a Coast Guard officer, member,
or employee shall not be liable for damages caused by or
related to such assistance unless the acts or omissions of
such pilot constitute gross negligence or willful misconduct.
``(2) Non-federal vessel traffic service operators.--An
entity operating a non-Federal vessel traffic information
service or advisory service pursuant to a duly executed
written agreement with the Coast Guard, and any pilot acting
on behalf of such entity, is not liable for damages caused by
or related to information, advice, or communication
assistance provided by such entity or pilot while so
operating or acting unless the acts or omissions of such
entity or pilot constitute gross negligence or willful
misconduct.
``(l) Existing Authority.--Nothing in this section shall be
construed to alter the existing authorities of the Secretary
to enhance navigation, vessel safety, marine environmental
protection, and to ensure safety and preservation of life and
property at sea.
``(m) Definitions.--In this section:
``(1) Hazardous liquid cargo.--The term `hazardous liquid
cargo' has the meaning given that term in regulations
prescribed under section 5103 of title 49.
``(2) Marine casualty.--The term `marine casualty' has the
meaning given that term in regulations prescribed under
section 6101(a).
``(3) Vessel traffic service area.--The term `vessel
traffic service area' means an area specified in subpart C of
part 161 of title 33, Code of Federal Regulations, or any
successor regulation.
``(4) Vessel traffic service center.--The term `vessel
traffic service center' means a center for the provision of
vessel traffic services in a vessel traffic service area.
``(5) Near miss incident.--The term `near miss incident'
means any occurrence or series of occurrences having the same
origin, involving one or more vessels, facilities, or any
combination thereof, resulting in the substantial threat of a
marine casualty.
``(6) De-identified.--The term `de-identified' means the
process by which all information that is likely to establish
the identity of the specific persons or entities noted in the
reports, data, or other information is removed from the
reports, data, or other information.''.
SEC. 3406. TRANSPORTATION WORK IDENTIFICATION CARD PILOT
PROGRAM.
Section 70105(g) of title 46, United States Code, is
amended by striking ``shall concurrently'' and all that
follows and inserting the following: ``shall--
``(1) develop and, no later than 2 years after the date of
enactment of the Elijah E. Cummings Coast Guard Authorization
Act of 2020, implement a joint application for merchant
mariner's documents under chapter 73 and for a transportation
security card issued under this section; and
``(2) upon receipt of a joint application developed under
paragraph (1) concurrently process an application from an
individual for merchant mariner's documents under chapter 73
and an application from such individual for a transportation
security card under this section.''.
TITLE IV--MISCELLANEOUS
Subtitle A--Navigation and Shipping
SEC. 4101. COASTWISE TRADE.
(a) In General.--The Commandant shall review the adequacy
of and continuing need for provisions in title 46, Code of
Federal Regulations, that require a United States vessel
documented under chapter 121 of title 46, United States Code,
possessing a coastwise endorsement under that chapter, and
engaged in coastwise trade, to comply with regulations for
vessels engaged in an international voyage.
(b) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Commandant shall provide to
the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a briefing on the
findings of the review required under subsection (a) and a
discussion of how existing laws and regulations could be
amended to ensure the safety of vessels described in
subsection (a) while infringing as little as possible on
commerce.
SEC. 4102. TOWING VESSELS OPERATING OUTSIDE BOUNDARY LINE.
(a) Definitions.--In this section--
(1) the term ``Boundary Line'' has the meaning given the
term in section 103 of title 46, United States Code;
(2) the term ``Officer in Charge, Marine Inspection'' has
the meaning given the term in section 3305(d)(4) of title 46,
United States Code; and
(3) the term ``Secretary'' means the Secretary of the
Department in which the Coast Guard is operating.
(b) Interim Exemption.--A towing vessel described in
subsection (c) and a response vessel included on a vessel
response plan are exempt from any additional requirements of
subtitle II of title 46, United States Code, and chapter I of
title 33 and chapter I of title 46, Code of Federal
Regulations (as in effect on the date of the enactment of
this Act), that would result solely from such vessel
operating outside the Boundary Line, if--
(1) the vessel is--
(A) operating outside the Boundary Line solely to perform
regular harbor assist operations; or
(B) listed as a response vessel on a vessel response plan
and is operating outside the Boundary Line solely to perform
duties of a response vessel;
(2) the vessel is approved for operations outside the
Boundary Line by the Officer in Charge, Marine Inspection and
the Coast Guard Marine Safety Center; and
(3) the vessel has sufficient manning and lifesaving
equipment for all persons on board, in accordance with part
15 and section 141.225 of title 46, Code of Federal
Regulations (or any successor regulation).
(c) Applicability.--This section applies to a towing
vessel--
(1) that is subject to inspection under chapter 33 of title
46, United States Code, and subchapter M of chapter I of
title 46, Code of Federal Regulations (or any successor
regulation);
(2) with only ``Lakes, Bays, and Sounds'' or ``Rivers''
routes recorded on such vessel's certificate of inspection
pursuant to section 136.230 of title 46, Code of Federal
Regulations (or any successor regulation);
(3) that, with respect to a vessel described in subsection
(b)(1)(A), is operating as a harbor assist vessel and
regularly engaged in harbor assist operations, including the
docking, undocking, mooring, unmooring, and escorting of
vessels with limited maneuverability; and
(4) that, with respect to a vessel that is described in
subsection (b)(1)(B), is listed--
(A) on a vessel response plan under part 155 of title 33,
Code of Federal Regulations, on the date of approval of the
vessel response plan; or
(B) by name or reference in the vessel response plan's
geographic-specific appendix on the date of approval of the
vessel response plan.
(d) Limitations.--A vessel exempted under subsection (b) is
subject to the following operating limitations:
(1) The voyage of a vessel described in subsection
(b)(1)(A) shall--
(A) be less than 12 hours in total duration;
(B) originate and end in the inspection zone of a single
Officer in Charge, Marine Inspection; and
(C) occur no further than 10 nautical miles from the
Boundary Line.
(2) The voyage of a vessel described in subsection
(b)(1)(B) shall--
(A) originate and end in the inspection zone of a single
Officer in Charge, Marine Inspection; and
(B) either--
(i) in the case of a voyage in the territorial waters of
Alaska, Guam, Hawaii, American Samoa, and the Northern
Mariana Islands, have sufficient manning as determined by the
Secretary; or
(ii) be less than 12 hours.
(e) Safety.--
(1) Safety restrictions.--The Officer in Charge, Marine
Inspection for an inspection zone may restrict operations
under the interim exemption provided under subsection (b) for
safety purposes.
[[Page H3450]]
(2) Comprehensive lists.--The Officer in Charge, Marine
Inspection for an inspection zone shall maintain and
periodically update a comprehensive list of all towing
vessels described in subsection (c) that operate in the
inspection zone.
(3) Notification.--Not later than 24 hours prior to
intended operations outside of the Boundary Line, a towing
vessel exempted under subsection (b) shall notify the Office
in Charge, Marine Inspection for the inspection zone of such
operations. Such notification shall include--
(A) the date, time, and length of voyage;
(B) a crew list, with each crew member's credentials and
work hours; and
(C) an attestation from the master of the towing vessel
that the vessel has sufficient manning and lifesaving
equipment for all persons on board.
(f) Briefing.--Not later than 180 days after the date of
the enactment of this Act, the Commandant of the Coast Guard
shall brief the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives regarding the following:
(1) The impacts of the interim exemption provided under
this section.
(2) Any safety concerns regarding the expiration of such
interim exemption.
(3) Whether such interim exemption should be extended.
(g) Termination.--The interim exemption provided under
subsection (b) shall terminate on the date that is 2 years
after the date of the enactment of this Act.
SEC. 4103. SENSE OF CONGRESS REGARDING THE MARITIME INDUSTRY
OF THE UNITED STATES.
It is the sense of Congress that the maritime industry of
the United States contributes to the Nation's economic
prosperity and national security.
SEC. 4104. CARGO PREFERENCE STUDY.
(a) In General.--The Comptroller General of the United
States shall conduct an audit regarding the enforcement of
the United States Cargo Preference Laws set forth in sections
55302, 55303, 55304, and 55305 of title 46, United States
Code, and section 2631 of title 10, United States Code
(hereinafter in this section referred to as the ``United
States Cargo Preference Laws'').
(b) Scope.--The audit conducted under subsection (a) shall
include, for the period from October 14, 2008, until the date
of the enactment of this Act--
(1) a listing of the agencies and organizations required to
comply with the United States Cargo Preference Laws;
(2) an analysis of the compliance or noncompliance of such
agencies and organizations with such laws, including--
(A) the total amount of oceangoing cargo that each such
agency, organization, or contractor procured for its own
account or for which financing was in any way provided with
Federal funds, including loan guarantees;
(B) the percentage of such cargo shipped on privately owned
commercial vessels of the United States;
(C) an assessment of internal programs and controls used by
each such agency or organization to monitor and ensure
compliance with the United States Cargo Preference Laws, to
include education, training, and supervision of its
contracting personnel, and the procedures and controls used
to monitor compliance with cargo preference requirements by
contractors and subcontractors; and
(D) instances in which cargoes are shipped on foreign-flag
vessels under non-availability determinations but not counted
as such for purposes of calculating cargo preference
compliance; and
(3) an overview of enforcement activities undertaken by the
Maritime Administration from October 14, 2008, until the date
of the enactment of this Act, including a listing of all
bills of lading collected by the Maritime Administration
during that period.
(c) Report.--Not later than 1 year after the date of
enactment of this Act, the Comptroller General shall submit
to the Committee on Transportation and Infrastructure of the
House of Representatives and the Committee on Commerce,
Science, and Transportation of the Senate a report detailing
the results of the audit and providing recommendations
related to such results, to include--
(1) actions that should be taken by agencies and
organizations to fully comply with the United States Cargo
Preference Laws; and
(2) Other measures that may compel agencies and
organizations, and their contractors and subcontractors, to
use United States flag vessels in the international
transportation of ocean cargoes as mandated by the United
States Cargo Preference Laws.
SEC. 4105. TOWING VESSEL INSPECTION FEES.
Notwithstanding section 9701 of title 31, United States
Code, and section 2110 of title 46, United States Code, the
Secretary of the department in which the Coast Guard is
operating may not charge an inspection fee for towing vessels
required to have a Certificate of Inspection under subchapter
M of title 46, Code of Federal Regulations, until--
(1) the completion of the review required under section 815
of the Frank LoBiondo Coast Guard Authorization Act of 2018
(Public Law 115-282); and
(2) the promulgation of regulations to establish specific
inspection fees for such vessels.
Subtitle B--Maritime Domain Awareness
SEC. 4201. UNMANNED MARITIME SYSTEMS AND SATELLITE VESSEL
TRACKING TECHNOLOGIES.
(a) Assessment.--The Commandant, acting through the Blue
Technology Center of Expertise, shall regularly assess
available unmanned maritime systems and satellite vessel
tracking technologies for potential use to support missions
of the Coast Guard.
(b) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, and biennially thereafter, the
Commandant shall submit to the Committee on Transportation
and Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report on the actual and potential effects of the
use of then-existing unmanned maritime systems and satellite
vessel tracking technologies on the mission effectiveness of
the Coast Guard.
(2) Contents.--Each report submitted under paragraph (1)
shall include the following:
(A) An inventory of current unmanned maritime systems used
by the Coast Guard, an overview of such usage, and a
discussion of the mission effectiveness of such systems,
including any benefits realized or risks or negative aspects
of such usage.
(B) An inventory of satellite vessel tracking technologies,
and a discussion of the potential mission effectiveness of
such technologies, including any benefits or risks or
negative aspects of such usage.
(C) A prioritized list of Coast Guard mission requirements
that could be met with additional unmanned maritime systems,
or with satellite vessel tracking technologies, and the
estimated costs of accessing, acquiring, or operating such
systems, taking into consideration the interoperability of
such systems with the current and future fleet of--
(i) National Security Cutters;
(ii) Fast Response Cutters;
(iii) Offshore Patrol Cutters;
(iv) Polar Security Cutters; and
(v) in-service legacy cutters, including the 210- and 270-
foot medium endurance cutters and 225-foot Buoy Tenders.
(c) Definitions.--In this section:
(1) Unmanned maritime systems.--
(A) In general.--The term ``unmanned maritime systems''
means--
(i) remotely operated or autonomous vehicles produced by
the commercial sector designed to travel in the air, on or
under the ocean surface, on land, or any combination thereof,
and that function without an on-board human presence; and
(ii) associated components of such vehicles, including
control and communications systems, data transmission
systems, and processing systems.
(B) Examples.--Such term includes the following:
(i) Unmanned undersea vehicles.
(ii) Unmanned surface vehicles.
(iii) Unmanned aerial vehicles.
(iv) Autonomous underwater vehicles.
(v) Autonomous surface vehicles.
(vi) Autonomous aerial vehicles.
(2) Available unmanned maritime systems.--The term
``available unmanned maritime systems'' includes systems that
can be purchased commercially or are in use by the Department
of Defense or other Federal agencies.
(3) Satellite vessel tracking technologies.--The term
``satellite vessel tracking technologies'' means shipboard
broadcast systems that use satellites and terrestrial
receivers to continually track vessels.
SEC. 4202. UNMANNED AIRCRAFT SYSTEMS TESTING.
(a) Training Area.--The Commandant shall carry out and
update, as appropriate, a program for the use of one or more
training areas to facilitate the use of unmanned aircraft
systems and small unmanned aircraft to support missions of
the Coast Guard.
(b) Designation of Area.--
(1) In general.--Not later than 180 days after the date of
enactment of this Act, the Commandant shall, as part of the
program under subsection (a), designate an area for the
training, testing, and development of unmanned aircraft
systems and small unmanned aircraft.
(2) Considerations.--In designating a training area under
paragraph (1), the Commandant shall--
(A) ensure that such training area has or receives all
necessary Federal Aviation Administration flight
authorization; and
(B) take into consideration all of the following attributes
of the training area:
(i) Direct over-water maritime access from the site.
(ii) The availability of existing Coast Guard support
facilities, including pier and dock space.
(iii) Proximity to existing and available offshore Warning
Area airspace for test and training.
(iv) Existing facilities and infrastructure to support
unmanned aircraft system-augmented, and small unmanned
aircraft-augmented, training, evaluations, and exercises.
(v) Existing facilities with a proven track record of
supporting unmanned aircraft systems and small unmanned
aircraft systems flight operations.
(c) Definitions.--In this section--
(1) the term ``existing'' means as of the date of enactment
of this Act; and
(2) the terms ``small unmanned aircraft'' and ``unmanned
aircraft system'' have the
[[Page H3451]]
meanings given those terms in section 44801 of title 49,
United States Code.
SEC. 4203. LAND-BASED UNMANNED AIRCRAFT SYSTEM PROGRAM OF
COAST GUARD.
(a) Funding for Certain Enhanced Capabilities.--Section 319
of title 14, United States Code, is amended by adding at the
end the following new subsection:
``(c) Funding for Certain Enhanced Capabilities.--In each
of fiscal years 2020 and 2021, the Commandant may provide
additional funding of $5,000,000 for additional long-range
maritime patrol aircraft, acquired through full and open
competition.''.
(b) Report on Use of Unmanned Aircraft Systems for Certain
Surveillance.--
(1) Report required.--Not later than March 31, 2021, the
Commandant, in coordination with the Administrator of the
Federal Aviation Administration on matters related to
aviation safety and civilian aviation and aerospace
operations, shall submit to the appropriate committees of
Congress a report setting forth an assessment of the
feasibility and advisability of using unmanned aircraft
systems for surveillance of marine protected areas, the
transit zone, and the Arctic in order to--
(A) establish and maintain regular maritime domain
awareness of such areas;
(B) ensure appropriate response to illegal activities in
such areas; and
(C) collaborate with State, local, and tribal authorities,
and international partners, in surveillance missions over
their waters in such areas.
(2) Appropriate committees of congress defined.--In this
subsection, the term ``appropriate committees of Congress''
means--
(A) the Committee on Commerce, Science, and Transportation
and the Committee on Homeland Security and Governmental
Affairs of the Senate; and
(B) the Committee on Transportation and Infrastructure and
the Committee on Homeland Security of the House of
Representatives.
SEC. 4204. PROHIBITION ON OPERATION OR PROCUREMENT OF
FOREIGN-MADE UNMANNED AIRCRAFT SYSTEMS.
(a) Prohibition on Agency Operation or Procurement.--The
Commandant may not operate or enter into or renew a contract
for the procurement of--
(1) an unmanned aircraft system that--
(A) is manufactured in a covered foreign country or by an
entity domiciled in a covered foreign country;
(B) uses flight controllers, radios, data transmission
devices, cameras, or gimbals manufactured in a covered
foreign country or by an entity domiciled in a covered
foreign country;
(C) uses a ground control system or operating software
developed in a covered foreign country or by an entity
domiciled in a covered foreign country; or
(D) uses network connectivity or data storage located in or
administered by an entity domiciled in a covered foreign
country; or
(2) a system manufactured in a covered foreign country or
by an entity domiciled in a covered foreign country for the
detection or identification of unmanned aircraft systems.
(b) Exemption.--
(1) In general.--The Commandant is exempt from the
restriction under subsection (a) if--
(A) the operation or procurement is for the purposes of--
(i) counter-UAS system surrogate testing and training; or
(ii) intelligence, electronic warfare, and information
warfare operations, testing, analysis, and training; or
(B) the Commandant receives a certification from the Coast
Guard unit requesting to operate or procure an unmanned
aircraft system otherwise restricted under subsection (a),
which shall include supporting manufacturer information, that
the unmanned aircraft system does not--
(i) connect to the internet or an outside
telecommunications service;
(ii) connect to other devices or electronics, except as
necessary to perform the mission; or
(iii) perform any missions in support of classified
information or that may threaten national security.
(2) Expiration.--The authority under this subsection to
operate or procure an unmanned aircraft system otherwise
restricted under subsection (a) expires on the date that is
two years after the date of the enactment of this Act.
(c) Waiver.--The Commandant may waive the restriction under
subsection (a) on a case by case basis by certifying in
writing to the Department of Homeland Security and the
relevant committees of jurisdiction that the operation or
procurement is required in the national interest of the
United States.
(d) Definitions.--In this section:
(1) Covered foreign country.--The term ``covered foreign
country'' means the People's Republic of China.
(2) Counter-UAS system.--The term ``counter-UAS system''
has the meaning given such term in section 44801 of title 49,
United States Code.
(3) Unmanned aircraft system.--The term ``unmanned aircraft
system'' has the meaning given such term in section 44801 of
title 49, United States Code.
SEC. 4205. UNITED STATES COMMERCIAL SPACE-BASED RADIO
FREQUENCY MARITIME DOMAIN AWARENESS TESTING AND
EVALUATION PROGRAM.
(a) Testing and Evaluation Program.--The Secretary of the
department in which the Coast Guard is operating, acting
through the Blue Technology Center of Expertise, shall carry
out a testing and evaluation program of United States
commercial space-based radio frequency geolocation and
maritime domain awareness products and services to support
the mission objectives of maritime enforcement by the Coast
Guard and other components of the Coast Guard. The objectives
of this testing and evaluation program shall include--
(1) developing an understanding of how United States
commercial space-based radio frequency data products can meet
current and future mission requirements;
(2) establishing how United States commercial space-based
radio frequency data products should integrate into existing
work flows; and
(3) establishing how United States commercial space-based
radio frequency data products could be integrated into
analytics platforms.
(b) Report.--Not later than 240 days after the date of
enactment of this Act, such Secretary shall prepare and
submit to the Committee on Commerce, Science, and
Transportation of the Senate and the Committee on
Transportation and Infrastructure of the House of
Representatives a report on the results of the testing and
evaluation program under subsection (a), including
recommendations on how the Coast Guard should fully exploit
United States commercial space-based radio frequency data
products to meet current and future mission requirements.
SEC. 4206. AUTHORIZATION OF USE OF AUTOMATIC IDENTIFICATION
SYSTEMS DEVICES TO MARK FISHING EQUIPMENT.
(a) Definitions.--In this section--
(1) the term ``Automatic Identification System'' has the
meaning given the term in section 164.46(a) of title 33, Code
of Federal Regulations, or any successor regulation;
(2) the term ``Automatic Identification System device''
means a covered device that operates in radio frequencies
assigned to the Automatic Identification System;
(3) the term ``Commission'' means the Federal
Communications Commission; and
(4) the term ``covered device'' means a device used to mark
fishing equipment.
(b) Rulemaking Required.--Not later than 180 days after the
date of enactment of this Act, the Commission, in
consultation with the Commandant, the Secretary of State, and
the Secretary of Commerce (acting through the Administrator
of National Telecommunications and Information
Administration), shall initiate a rulemaking proceeding to
consider whether to authorize covered devices to operate in
radio frequencies assigned to the Automatic Identification
System.
(c) Considerations.--In conducting the rulemaking under
subsection (b), the Commission shall consider whether
imposing requirements with respect to the manner in which
Automatic Identification System devices are deployed and used
would enable the authorization of covered devices to operate
in radio frequencies assigned to the Automatic Identification
System consistent with the core purpose of the Automatic
Identification System to prevent maritime accidents.
Subtitle C--Arctic
SEC. 4301. COAST GUARD ARCTIC PRIORITIZATION.
(a) Findings.--Congress makes the following findings:
(1) The strategic importance of the Arctic continues to
increase as the United States and other countries recognize
the military significance of the sea lanes and choke points
within the region and understand the potential for power
projection from the Arctic into multiple regions.
(2) Russia and China have conducted military exercises
together in the Arctic, have agreed to connect the Northern
Sea Route, claimed by Russia, with China's Maritime Silk
Road, and are working together in developing natural gas
resources in the Arctic.
(3) The economic significance of the Arctic continues to
grow as countries around the globe begin to understand the
potential for maritime transportation through, and economic
and trade development in, the region.
(4) Increases in human, maritime, and resource development
activity in the Arctic region may create additional mission
requirements for the Department of Defense and the Department
of Homeland Security.
(5) The increasing role of the United States in the Arctic
has been highlighted in each of the last four national
defense authorization acts.
(6) The United States Coast Guard Arctic Strategic Outlook
released in April 2019 states, ``Demonstrating commitment to
operational presence, Canada, Denmark, and Norway have made
strategic investments in ice-capable patrol ships charged
with national or homeland security missions. The United
States is the only Arctic State that has not made similar
investments in ice-capable surface maritime security assets.
This limits the ability of the Coast Guard, and the Nation,
to credibly uphold sovereignty or respond to contingencies in
the Arctic.''.
(b) Sense of Congress.--It is the sense of Congress that--
(1) the Arctic is a region of strategic importance to the
national security interests of the United States, and the
Coast Guard must better align its mission prioritization and
development of capabilities to meet the growing array of
challenges in the region;
(2) the increasing freedom of navigation and expansion of
activity in the Arctic must be met with an increasing show of
Coast
[[Page H3452]]
Guard forces capable of exerting influence through persistent
presence;
(3) Congress fully supports the needed and important re-
capitalization of the fleet of cutters and aircraft of the
Coast Guard, but, the Coast Guard must avoid overextending
operational assets for remote international missions at the
cost of dedicated focus on this domestic area of
responsibility with significant international interest and
activity; and
(4) although some progress has been made to increase
awareness of Arctic issues and to promote increased presence
in the region, additional measures are needed to protect
vital economic, environmental, and national security
interests of the United States, and to show the commitment of
the United States to this emerging strategic choke point of
increasing great power competition.
(c) Arctic Defined.--In this section, the term ``Arctic''
has the meaning given that term in section 112 of the Arctic
Research and Policy Act of 1984 (15 U.S.C. 4111).
SEC. 4302. ARCTIC PARS NATIVE ENGAGEMENT.
The Commandant shall--
(1) engage directly with local coastal whaling and fishing
communities in the Arctic region when conducting the Alaskan
Arctic Coast Port Access Route Study, in accordance with
chapter 700 of title 46, United States Code, and as described
in the notice of study published in the Federal Register on
December 21, 2018 (83 Fed. Reg. 65701); and
(2) consider the concerns of the Arctic coastal community
regarding any Alaskan Arctic Coast Port Access Route,
including safety needs and concerns.
SEC. 4303. VOTING REQUIREMENT.
Section 305(i)(1)(G)(iv) of the Magnuson-Stevens Fishery
Conservation and Management Act (16 U.S.C. 1855(i)(1)(G)(iv))
is amended to read as follows:
``(iv) Voting requirement.--The panel may act only by the
affirmative vote of at least 5 of its members, except that
any decision made pursuant to the last sentence of
subparagraph (C) shall require the unanimous vote of all 6
members of the panel.''.
SEC. 4304. REPORT ON THE ARCTIC CAPABILITIES OF THE ARMED
FORCES.
(a) Report Required.--Not later than 180 days after the
date of the enactment of this Act, the Secretary of the
department in which the Coast Guard is operating shall submit
to the appropriate committees of Congress a report setting
forth the results of a study on the Arctic capabilities of
the Armed Forces. The Secretary shall enter into a contract
with an appropriate federally funded research and development
center for the conduct of the study.
(b) Elements.--The report required by subsection (a) shall
include the following:
(1) A comparison of the capabilities of the United States,
the Russian Federation, the People's Republic of China, and
other countries operating in the Arctic, including an
assessment of the ability of the navy of each such country to
operate in varying sea-ice conditions.
(2) A description of commercial and foreign military
surface forces currently operating in the Arctic in
conditions inaccessible to Navy surface forces.
(3) An assessment of the potential security risk posed to
Coast Guard forces by military forces of other countries
operating in the Arctic in conditions inaccessible to Navy
surface or aviation forces in the manner such forces
currently operate.
(4) A comparison of the domain awareness capabilities of--
(A) Coast Guard forces operating alone; and
(B) Coast Guard forces operating in tandem with Navy
surface and aviation forces and the surface and aviation
forces of other allies.
(5) A comparison of the defensive capabilities of--
(A) Coast Guard forces operating alone; and
(B) Coast Guard forces operating in mutual defense with
Navy forces, other Armed Forces, and the military forces of
allies.
(c) Form.--The report required under subsection (a) shall
be submitted in unclassified form, but may contain a
classified annex.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Committee on Armed Services, the Committee on
Commerce, Science, and Transportation, and the Committee on
Appropriations of the Senate; and
(2) the Committee on Armed Services, the Committee on
Transportation and Infrastructure, and the Committee on
Appropriations of the House of Representatives.
SEC. 4305. REPORT ON ARCTIC SEARCH AND RESCUE.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Commandant shall submit to the
Committee on Commerce, Science, and Transportation of the
Senate and the Committee on Transportation and Infrastructure
of the House of Representatives a report on the search and
rescue capabilities of the Coast Guard in Arctic coastal
communities.
(b) Contents.--The report under subsection (a) shall
include the following:
(1) An identification of ways in which the Coast Guard can
more effectively partner with Arctic coastal communities to
respond to search and rescue incidents through training,
funding, and deployment of assets.
(2) An analysis of the costs of forward deploying on a
seasonal basis Coast Guard assets in support of such
communities for responses to such incidents.
SEC. 4306. ARCTIC SHIPPING FEDERAL ADVISORY COMMITTEE.
(a) Purpose.--The purpose of this section is to establish a
Federal advisory committee to provide policy recommendations
to the Secretary of Transportation on positioning the United
States to take advantage of emerging opportunities for Arctic
maritime transportation.
(b) Definitions.--In this section:
(1) Advisory committee.--The term ``Advisory Committee''
means the Arctic Shipping Federal Advisory Committee
established under subsection (c)(1).
(2) Arctic.--The term ``Arctic'' has the meaning given the
term in section 112 of the Arctic Research and Policy Act of
1984 (15 U.S.C. 4111).
(3) Arctic sea routes.--The term ``Arctic Sea Routes''
means the international Northern Sea Route, the Transpolar
Sea Route, and the Northwest Passage.
(c) Establishment of the Arctic Shipping Federal Advisory
Committee.--
(1) Establishment of advisory committee.--
(A) In general.--The Secretary of Transportation, in
coordination with the Secretary of State, the Secretary of
Defense acting through the Secretary of the Army and the
Secretary of the Navy, the Secretary of Commerce, and the
Secretary of the Department in which the Coast Guard is
operating, shall establish an Arctic Shipping Federal
Advisory Committee in the Department of Transportation to
advise the Secretary of Transportation and the Secretary of
the Department in which the Coast Guard is operating on
matters related to Arctic maritime transportation, including
Arctic seaway development.
(B) Meetings.--The Advisory Committee shall meet at the
call of the Chairperson, and at least once annually in
Alaska.
(2) Membership.--
(A) In general.--The Advisory Committee shall be composed
of 17 members as described in subparagraph (B).
(B) Composition.--The members of the Advisory Committee
shall be--
(i) 1 individual appointed and designated by the Secretary
of Transportation to serve as the Chairperson of the Advisory
Committee;
(ii) 1 individual appointed and designated by the Secretary
of the Department in which the Coast Guard is operating to
serve as the Vice Chairperson of the Advisory Committee;
(iii) 1 designee of the Secretary of Commerce;
(iv) 1 designee of the Secretary of State;
(v) 1 designee of the Secretary of Transportation;
(vi) 1 designee of the Secretary of Defense;
(vii) 1 designee from the State of Alaska, nominated by the
Governor of Alaska and designated by the Secretary of
Transportation;
(viii) 1 designee from the State of Washington, nominated
by the Governor of Washington and designated by the Secretary
of Transportation;
(ix) 3 Alaska Native Tribal members;
(x) 1 individual representing Alaska Native subsistence co-
management groups affected by Arctic maritime transportation;
(xi) 1 individual representing coastal communities affected
by Arctic maritime transportation;
(xii) 1 individual representing vessels of the United
States (as defined in section 116 of title 46, United States
Code) participating in the shipping industry;
(xiii) 1 individual representing the marine safety
community;
(xiv) 1 individual representing the Arctic business
community; and
(xv) 1 individual representing maritime labor
organizations.
(C) Terms.--
(i) Limitations.--Each member of the Advisory Committee
described in clauses (vii) through (xv) of subparagraph (B)
shall serve for a 2-year term and shall not be eligible for
more than 2 consecutive term reappointments.
(ii) Vacancies.--Any vacancy in the membership of the
Advisory Committee shall not affect its responsibilities, but
shall be filled in the same manner as the original
appointment and in accordance with the Federal Advisory
Committee Act (5 U.S.C. App.).
(3) Functions.--The Advisory Committee shall carry out all
of the following functions:
(A) Develop a set of policy recommendations that would
enhance the leadership role played by the United States in
improving the safety and reliability of Arctic maritime
transportation in accordance with customary international
maritime law and existing Federal authority. Such policy
recommendations shall consider options to establish a United
States entity that could perform the following functions in
accordance with United States law and customary international
maritime law:
(i) Construction, operation, and maintenance of current and
future maritime infrastructure necessary for vessels
transiting the Arctic Sea Routes, including potential new
deep draft and deepwater ports.
(ii) Provision of services that are not widely commercially
available in the United States Arctic that would--
(I) improve Arctic maritime safety and environmental
protection;
(II) enhance Arctic maritime domain awareness; and
(III) support navigation and incident response for vessels
transiting the Arctic Sea Routes.
[[Page H3453]]
(iii) Establishment of rules of measurement for vessels and
cargo for the purposes of levying voluntary rates of charges
or fees for services.
(B) As an option under subparagraph (A), consider
establishing a congressionally chartered seaway development
corporation modeled on the Saint Lawrence Seaway Development
Corporation, and--
(i) develop recommendations for establishing such a
corporation and a detailed implementation plan for
establishing such an entity; or
(ii) if the Advisory Committee decides against recommending
the establishment of such a corporation, provide a written
explanation as to the rationale for the decision and develop
an alternative, as practicable.
(C) Provide advice and recommendations, as requested, to
the Secretary of Transportation and the Secretary of the
Department in which the Coast Guard is operating on Arctic
marine transportation, including seaway development, and
consider national security interests, where applicable, in
such recommendations.
(D) In developing the advice and recommendations under
subparagraph (C), engage with and solicit feedback from
coastal communities, Alaska Native subsistence co-management
groups, and Alaska Native tribes.
(d) Report to Congress.--Not later than 2 years after the
date of enactment of this Act, the Advisory Committee shall
submit a report with its recommendations under subparagraphs
(A) and (B) of subsection (c)(3) to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives.
(e) Termination of the Advisory Committee.--Not later than
8 years after the submission of the report described in
subsection (d), the Secretary of Transportation shall
dissolve the Advisory Committee.
(f) International Engagement.--If a Special Representative
for the Arctic Region is appointed by the Secretary of State,
the duties of that Representative shall include--
(1) coordination of any activities recommended by the
implementation plan submitted by the Advisory Committee and
approved by the Secretary of Transportation; and
(2) facilitation of multilateral dialogues with member and
observer nations of the Arctic Council to encourage
cooperation on Arctic maritime transportation.
(g) Tribal Consultation.--In implementing any of the
recommendations provided under subsection (c)(3)(C), the
Secretary of Transportation shall consult with Alaska Native
tribes.
Subtitle D--Other Matters
SEC. 4401. PLAN FOR WING-IN-GROUND DEMONSTRATION PLAN.
(a) In General.--(1) The Commandant, in coordination with
the Administrator of the Federal Aviation Administration with
regard to any regulatory or safety matter regarding airspace,
air space authorization, or aviation, shall develop plans for
a demonstration program that will determine whether wing-in-
ground craft, as such term is defined in section 2101 of
title 46, United States Code, that is capable of carrying at
least one individual, can--
(A) provide transportation in areas in which energy
exploration, development or production activity takes place
on the Outer Continental Shelf; and
(B) under the craft's own power, safely reach helidecks or
platforms located on offshore energy facilities.
(2) Requirements.--The plans required under paragraph (1)
shall--
(A) examine and explain any safety issues with regard to
the operation of the such craft as a vessel, or as an
aircraft, or both;
(B) include a timeline and technical milestones for the
implementation of such a demonstration program;
(C) outline resource requirements needed to undertake such
a demonstration program;
(D) describe specific operational circumstances under which
the craft may be used, including distance from United States
land, altitude, number of individuals, amount of cargo, and
speed and weight of vessel;
(E) describe the operations under which Federal Aviation
Administration statutes, regulations, circulars, or orders
apply; and
(F) describe the certifications, permits, or authorizations
required to perform any operations.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commandant, along with the
Administrator of the Federal Aviation Administration with
regard to any regulatory or safety matter regarding airspace,
air space authorization, or aviation, shall brief the
Committee on Transportation and Infrastructure of the House
of Representatives and the Committee on Commerce, Science and
Transportation of the Senate on the plan developed under
subsection (a), including--
(1) any regulatory changes needed regarding inspections and
manning, to allow such craft to operate between onshore
facilities and offshore energy facilities when such craft is
operating as a vessel;
(2) any regulatory changes that would be necessary to
address potential impacts to air traffic control, the
National Airspace System, and other aircraft operations, and
to ensure safe operations on or near helidecks and platforms
located on offshore energy facilities when such craft are
operating as aircraft; and
(3) any other statutory or regulatory changes related to
authority of the Federal Aviation Administration over
operations of the craft.
SEC. 4402. NORTHERN MICHIGAN OIL SPILL RESPONSE PLANNING.
Notwithstanding any other provision of law, not later than
180 days after the date of the enactment of this Act, the
Secretary of the department in which the Coast Guard is
operating, in consultation with the Administrator of the
Environmental Protection Agency and the Administrator of the
Pipeline and Hazardous Materials Safety Administration, shall
update the Northern Michigan Area Contingency Plan to include
a worst-case discharge from a pipeline in adverse weather
conditions.
SEC. 4403. DOCUMENTATION OF LNG TANKERS.
Section 7(b) of the America's Cup Act of 2011 (Public Law
112-61) is amended--
(1) in paragraph (3)--
(A) by striking ``of the vessel on the date of enactment of
this Act''; and
(B) by inserting before the period the following: ``,
unless prior to any such sale the vessel has been operated in
a coastwise trade for not less than 1 year after the date of
enactment of the Elijah E. Cummings Coast Guard Authorization
Act of 2020 and prior to sale of vessel'';
(2) by redesignating paragraphs (2) and (3) as paragraphs
(4) and (5), respectively; and
(3) by inserting after paragraph (1) the following:
``(2) Limitation on ownership.--The Secretary of the
department in which the Coast Guard is operating may only
issue a certificate of documentation with a coastwise
endorsement to a vessel designated in paragraph (1) if the
owner of the vessel is an individual or individuals who are
citizens of the United States, or is deemed to be such a
citizen under section 50501 of title 46, United States Code.
``(3) Limitation on repair and modification.--
``(A) Requirement.--Any qualified work shall be performed
at a shipyard facility located in the United States.
``(B) Exceptions.--The requirement in subparagraph (A) does
not apply to any qualified work--
``(i) for which the owner or operator enters into a binding
agreement no later than 1 year after the date of enactment of
the Elijah E. Cummings Coast Guard Authorization Act of 2020;
or
``(ii) necessary for the safe towage of the vessel from
outside the United States to a shipyard facility in the
United States for completion of the qualified work.
``(C) Definition.--In this paragraph, qualified work means
repair and modification necessary for the issuance of a
certificate of inspection issued as a result of the waiver
for which a coastwise endorsement is issued under paragraph
(1).''.
SEC. 4404. REPLACEMENT VESSEL.
Notwithstanding section 208(g)(5) of the American Fisheries
Act (Public Law 105-277; 16 U.S.C. 1851 note), a vessel
eligible under section 208(e)(21) of such Act that is
replaced under section 208(g) of such Act shall be subject to
a sideboard restriction catch limit of zero metric tons in
the Bering Sea and Aleutian Islands and in the Gulf of Alaska
unless that vessel is also a replacement vessel under section
679.4(o)(4) of title 50, Code of Federal Regulations, in
which case such vessel shall not be eligible to be a catcher/
processor under section 206(b)(2) of such Act.
SEC. 4405. EDUCATIONAL VESSEL.
(a) In General.--Notwithstanding section 12112(a)(2) of
title 46, United States Code, the Secretary of the department
in which the Coast Guard is operating may issue a certificate
of documentation with a coastwise endorsement for the vessel
Oliver Hazard Perry (IMO number 8775560; United States
official number 1257224).
(b) Termination of Effectiveness of Endorsement.--The
coastwise endorsement authorized under subsection (a) for the
vessel Oliver Hazard Perry (IMO number 8775560; United States
official number 1257224) shall expire on the first date on
which any of the following occurs:
(1) The vessel is sold to a person, including an entity,
that is not related by ownership or control to the person,
including an entity, that owned the vessel on the date of the
enactment of this Act.
(2) The vessel is rebuilt and not rebuilt in the United
States (as defined in section 12101(a) of title 46, United
States Code).
(3) The vessel is no longer operating in primary service as
a sailing school vessel.
SEC. 4406. WATERS DEEMED NOT NAVIGABLE WATERS OF THE UNITED
STATES FOR CERTAIN PURPOSES.
The Coalbank Slough in Coos Bay, Oregon, is deemed to not
be navigable waters of the United States for all purposes of
subchapter J of Chapter I of title 33, Code of Federal
Regulations.
SEC. 4407. ANCHORAGES.
(a) In General.--The Secretary of the department in which
the Coast Guard is operating shall suspend the establishment
of new anchorage grounds on the Hudson River between Yonkers,
New York, and Kingston, New York, under section 7 of the
Rivers and Harbors Appropriations Act of 1915 (33 U.S.C. 471)
or chapter 700 of title 46, United States Code.
(b) Restriction.--The Commandant may not establish or
expand any anchorage grounds outside of the reach on the
Hudson
[[Page H3454]]
River described in subsection (a) without first providing
notice to the Committee on Transportation and Infrastructure
of the House of Representatives and the Committee on
Commerce, Science, and Transportation of the Senate not later
than 180 days prior to the establishment or expansion of any
such anchorage grounds.
(c) Savings Clause.--Nothing in this section--
(1) prevents the master or pilot of a vessel operating on
the reach of the Hudson River described in subsection (a)
from taking emergency actions necessary to maintain the
safety of the vessel or to prevent the loss of life or
property; or
(2) shall be construed as limiting the authority of the
Secretary of the department in which the Coast Guard is
operating to exercise authority over the movement of a vessel
under section 70002 of title 46, United States Code, or any
other applicable laws or regulations governing the safe
navigation of a vessel.
(d) Study.--The Commandant of the Coast Guard, in
consultation with the Hudson River Safety, Navigation, and
Operations Committee, shall conduct a study of the Hudson
River north of Tarrytown, New York to examine--
(1) the nature of vessel traffic including vessel types,
sizes, cargoes, and frequency of transits;
(2) the risks and benefits of historic practices for
commercial vessels anchoring; and
(3) the risks and benefits of establishing anchorage
grounds on the Hudson River.
(e) Report.--Not later than 1 year after the date of the
enactment of this Act, the Commandant of the Coast Guard
shall submit to the Committee on Transportation and
Infrastructure of the House of Representatives and the
Committee on Commerce, Science, and Transportation of the
Senate a report containing the findings, conclusions, and
recommendations from the study required under subsection (d).
SEC. 4408. COMPTROLLER GENERAL OF THE UNITED STATES STUDY AND
REPORT ON VERTICAL EVACUATION FOR TSUNAMIS AT
COAST GUARD STATIONS IN WASHINGTON AND OREGON.
(a) Study.--
(1) In general.--The Comptroller General of the United
States shall conduct a study that examines the potential use,
in the event of a Cascadia subduction zone event, of a
vertical evacuation of Coast Guard personnel stationed at
United States Coast Guard Station Grays Harbor and Sector
Field Office Port Angeles, Washington, and at United States
Coast Guard Station Yaquina Bay and United States Coast Guard
Motor Lifeboat Station Coos Bay, Oregon, and the dependents
of such Coast Guard personnel housed in Coast Guard housing.
(2) Elements.--The study required under paragraph (1) shall
analyze the following:
(A) The number of such personnel and dependents to be
evacuated.
(B) The resources available to conduct an evacuation, and
the feasibility of a successful evacuation in a case in which
inundation maps and timelines are available.
(C) With the resources available, the amount of time needed
to evacuate such personnel and dependents.
(D) Any resource that is otherwise available within a
reasonable walking distance to the Coast Guard facilities
listed in paragraph (1).
(E) The benefit to the surrounding community of such a
vertical evacuation.
(F) The interoperability of the tsunami warning system with
the Coast Guard communication systems at the Coast Guard
facilities listed in paragraph (1).
(G) Current interagency coordination and communication
policies in place for emergency responders to address a
Cascadia subduction zone event.
(b) Report.--Not later than 1 year after the date of the
enactment of this Act, the Comptroller General shall submit
to the Committee on Commerce, Science, and Transportation of
the Senate and the Committee on Transportation and
Infrastructure of the House of Representatives a report
containing the findings, conclusions, and recommendations, if
any, from the study required under subsection (a).
SEC. 4409. AUTHORITY TO ENTER INTO AGREEMENTS WITH NATIONAL
COAST GUARD MUSEUM ASSOCIATION.
(a) In General.--Section 316 of title 14, United States
Code, is amended to read as follows:
``Sec. 316. National Coast Guard Museum
``(a) Establishment.--The Commandant may establish, accept,
operate, maintain and support the Museum, on lands which will
be federally owned and administered by the Coast Guard, and
are located in New London, Connecticut.
``(b) Use of Funds.--
``(1) The Secretary shall not expend any funds appropriated
to the Coast Guard on the construction of any museum
established under this section.
``(2) Subject to the availability of appropriations, the
Secretary may expend funds appropriated to the Coast Guard on
the engineering and design of a Museum.
``(3) The priority for the use of funds appropriated to the
Coast Guard shall be to preserve, protect, and display
historic Coast Guard artifacts, including the design,
fabrication, and installation of exhibits or displays in
which such artifacts are included.
``(4) To the maximum extent practicable, the Secretary
shall minimize the use of Federal funds for the construction
of the Museum.
``(c) Funding Plan.--Not later than 2 years after the date
of the enactment of the Elijah E. Cummings Coast Guard
Authorization Act of 2020 and at least 90 days before the
date on which the Commandant accepts the Museum under
subsection (f), the Commandant shall submit to the Committee
on Commerce, Science, and Transportation of the Senate and
the Committee on Transportation and Infrastructure of the
House of Representatives a plan for constructing, operating,
and maintaining such Museum, including--
``(1) estimated planning, engineering, design,
construction, operation, and maintenance costs;
``(2) the extent to which appropriated, nonappropriated,
and non-Federal funds will be used for such purposes,
including the extent to which there is any shortfall in
funding for engineering, design, or construction;
``(3) an explanation of any environmental remediation
issues related to the land associated with the Museum; and
``(4) a certification by the Inspector General of the
department in which the Coast Guard is operating that the
estimates provided pursuant to paragraphs (1) and (2) are
reasonable and realistic.
``(d) Construction.--
``(1) The Association may construct the Museum described in
subsection (a).
``(2) The Museum shall be designed and constructed in
compliance with the International Building Code 2018, and
construction performed on Federal land under this section
shall be exempt from State and local requirements for
building or demolition permits.
``(e) Agreements.--Under such terms and conditions as the
Commandant considers appropriate, notwithstanding section
504, and until the Commandant accepts the Museum under
subsection (f), the Commandant may--
``(1) license Federal land to the Association for the
purpose of constructing the Museum described in subsection
(a); and
``(2)(A) at a nominal charge, lease the Museum from the
Association for activities and operations related to the
Museum; and
``(B) authorize the Association to generate revenue from
the use of the Museum.
``(f) Acceptance.--Not earlier than 90 days after the
Commandant submits the plan under subsection (c), the
Commandant shall accept the Museum from the Association and
all right, title, and interest in and to the Museum shall
vest in the United States when--
``(1) the Association demonstrates, in a manner acceptable
to the Commandant, that the Museum meets the design and
construction requirements of subsection (d); and
``(2) all financial obligations of the Association incident
to the National Coast Guard Museum have been satisfied.
``(g) Gifts.--
``(1) The Commandant may solicit from the Association and
accept funds and in-kind gifts from nonprofit entities,
including services related to activities for the construction
of the Museum.
``(2) Funds and in-kind gifts described in paragraph (1)
shall be--
``(A) accepted and administered consistent with section
2601 of title 10; and
``(B) deposited in the Coast Guard General Gift Fund.
``(3) The use of any funds and in-kind gifts described in
paragraph (1) shall be subject to the availability of
appropriations.
``(h) Authority.--The Commandant may not establish a Museum
except as set forth in this section.
``(i) Definitions.--In this section:
``(1) Museum.--The term `Museum' means the National Coast
Guard Museum.
``(2) Association.--The term `Association' means the
National Coast Guard Museum Association.''.
(b) Briefings.--Not later than March 1 of the fiscal year
after the fiscal year in which the report required under
subsection (d) of section 316 of title 14, United States
Code, is provided, and not later than March 1 of each year
thereafter until 1 year after the year in which the National
Coast Guard Museum is accepted pursuant to subsection (f) of
such section, the Commandant shall brief the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives on the following issues with respect to
the Museum:
(1) The acceptance of gifts.
(2) Engineering.
(3) Design and project status.
(4) Land ownership.
(5) Environmental remediation.
(6) Operation and support issues.
(7) Plans.
SEC. 4410. FORMAL SEXUAL ASSAULT POLICIES FOR PASSENGER
VESSELS.
(d) Maintenance and Placement of Video Surveillance
Equipment.--Section 3507(b)(1) of title 46, United States
Code, is amended--
(1) by striking ``The owner'' and inserting the following:
``(A) In general.--The owner'';
(2) by striking ``, as determined by the Secretary''; and
(3) by adding at the end, the following:
``(B) Placement of video surveillance equipment.--
``(i) In general.--Not later than 18 months after the date
of the enactment of the Elijah E. Cummings Coast Guard
Authorization Act of 2020, the Commandant in consultation
with other relevant Federal agencies or entities as
determined by the Commandant, shall
[[Page H3455]]
establish guidance for performance of the risk assessment
described in paragraph (2) regarding the appropriate
placement of video surveillance equipment in passenger and
crew common areas where there is no reasonable expectation of
privacy.
``(ii) Risk assessment.--Not later than 1 year after the
Commandant establishes the guidance described in paragraph
(1), the owner shall conduct the risk assessment required
under paragraph (1) and shall--
``(I) evaluate the placement of video surveillance
equipment to deter, prevent, and record a sexual assault
aboard the vessel considering factors such as: ship layout
and design, itinerary, crew complement, number of passengers,
passenger demographics, and historical data on the type and
location of prior sexual assault incident allegations;
``(II) incorporate to the maximum extent practicable the
video surveillance guidance established by the Commandant
regarding the appropriate placement of video surveillance
equipment;
``(III) arrange for the risk assessment to be conducted by
an independent third party with expertise in the use and
placement of camera surveillance to deter, prevent and record
criminal behavior; and
``(IV) the independent third party referred to in paragraph
(C) shall be a company that has been accepted by a
classification society that is a member of the International
Association of Classification Societies (hereinafter referred
to as `IACS') or another classification society recognized by
the Secretary as meeting acceptable standards for such a
society pursuant to section 3316(b).
``(C) Surveillance plan.--Not later than 180 days after
completion of the risk assessment conducted under
subparagraph (B)(ii), the owner of a vessel shall develop a
plan to install video surveillance equipment in places
determined to be appropriate in accordance with the results
of the risk assessment conducted under subparagraph (B)(ii),
except in areas where a person has a reasonable expectation
of privacy. Such plan shall be evaluated and approved by an
independent third party with expertise in the use and
placement of camera surveillance to deter, prevent and record
criminal behavior that has been accepted as set forth in
paragraph (2)(D).
``(D) Installation.--The owner of a vessel to which this
section applies shall, consistent with the surveillance plan
approved under subparagraph (C), install appropriate video
surveillance equipment aboard the vessel not later than 2
years after approval of the plan, or during the next
scheduled drydock, whichever is later.
``(E) Attestation.--At the time of initial installation
under subparagraph (D), the vessel owner shall obtain written
attestations from--
``(i) an IACS classification society that the video
surveillance equipment is installed in accordance with the
surveillance plan required under subparagraph (C); and
``(ii) the company security officer that the surveillance
equipment and associated systems are operational, which
attestation shall be obtained each year thereafter.
``(F) Updates.--The vessel owner shall ensure the risk
assessment described in subparagraph (B)(ii) and installation
plan in subparagraph (C) are updated not later than 5 years
after the initial installation conducted under subparagraph
(D), and every 5 years thereafter. The updated assessment and
plan shall be approved by an independent third party with
expertise in the use and placement of camera surveillance to
deter, prevent, and record criminal behavior that has been
accepted by an IACS classification society. The vessel owner
shall implement the updated installation plan not later than
180 days after approval.
``(G) Availability.--Each risk assessment, installation
plan and attestation shall be protected from disclosure under
the Freedom of Information Act, section 552 of title 5 but
shall be available to the Coast Guard--
``(i) upon request, and
``(ii) at the time of the certificate of compliance or
certificate of inspection examination.
``(H) Definitions.--For purposes of this section a `ship
security officer' is an individual that, with the master's
approval, has full responsibility for vessel security
consistent with the International Ship and Port Facility
Security Code.''.
(e) Access to Video Records; Notice of Video
Surveillance.--Section 3507(b), of title 46, United States
Code, is further amended--
(1) by redesignating paragraph (2) as paragraph (3);
(2) by inserting after paragraph (1) the following:
``(2) Notice of video surveillance.--The owner of a vessel
to which this section applies shall provide clear and
conspicuous signs on board the vessel notifying the public of
the presence of video surveillance equipment.'';
(3) in paragraph (3), as so redesignated--
(A) by striking ``The owner'' and inserting the following:
``(A) Law enforcement.--The owner''; and
(B) by adding at the end the following:
``(B) Civil actions.--Except as proscribed by law
enforcement authorities or court order, the owner of a vessel
to which this section applies shall, upon written request,
provide to any individual or the individual's legal
representative a copy of all records of video surveillance--
``(i) in which the individual is a subject of the video
surveillance; and
``(ii) that may provide evidence of any sexual assault
incident in a civil action.
``(C) Limited access.--The owner of a vessel to which this
section applies shall ensure that access to records of video
surveillance is limited to the purposes described in this
paragraph.''.
(f) Retention Requirements.--
(1) In general.--Section 3507(b), of title 46, United
States Code, is further amended by adding at the end the
following:
``(4) Retention requirements.--The owner of a vessel to
which this section applies shall retain all records of video
surveillance for not less than 20 days after the footage is
obtained. The vessel owner shall include a statement in the
security guide required by subsection (c)(1)(A) that the
vessel owner is required by law to retain video surveillance
footage for the period specified in this paragraph. If an
incident described in subsection (g)(3)(A)(i) is alleged and
reported to law enforcement, all records of video
surveillance from the voyage that the Federal Bureau of
Investigation determines are relevant shall--
``(A) be provided to the Federal Bureau of Investigation;
and
``(B) be preserved by the vessel owner for not less than 4
years from the date of the alleged incident.''.
(2) Administrative provisions.--
(A) Study and report.--Each owner of a vessel to which
section 3507, of title 46, United States Code, applies shall,
not later than March 1, 2023, submit to the Committee on
Transportation and Infrastructure of the House of
Representatives and the Committee on Commerce, Science, and
Transportation of the Senate a report detailing the total
number of voyages for the preceding year and the percentage
of those voyages that were 30 days or longer.
(B) Interim standards.--Not later than 180 days after the
date of enactment of this Act, the Commandant, in
consultation with the Federal Bureau of Investigation, shall
promulgate interim standards for the retention of records of
video surveillance.
(C) Final standards.--Not later than 1 year after the date
of enactment of this Act, the Commandant, in consultation
with the Federal Bureau of Investigation, shall promulgate
final standards for the retention of records of video
surveillance.
(D) Considerations.--In promulgating standards under
subparagraphs (B) and (B), the Commandant shall--
(i) consider factors that would aid in the investigation of
serious crimes, including the results of the report by the
Commandant provided under subparagraph (A), as well as crimes
that go unreported until after the completion of a voyage;
(ii) consider the different types of video surveillance
systems and storage requirements in creating standards both
for vessels currently in operation and for vessels newly
built;
(iii) consider privacy, including standards for permissible
access to and monitoring and use of the records of video
surveillance; and
(iv) consider technological advancements, including
requirements to update technology.
SEC. 4411. REGULATIONS FOR COVERED SMALL PASSENGER VESSELS.
Section 3306 of title 46, United States Code, is amended--
(1) in subsection (a)--
(A) in the matter preceding paragraph (1), by inserting ``,
including covered small passenger vessels (as defined in
subsection (n)(5))'' after ``vessels subject to inspection'';
and
(B) in paragraph (5), by inserting before the period at the
end ``, including rechargeable devices utilized for personal
or commercial electronic equipment''; and
(2) by adding at the end the following:
``(n) Covered Small Passenger Vessels.--
``(1) Regulations.--The Secretary shall prescribe
additional regulations to secure the safety of individuals
and property on board covered small passenger vessels.
``(2) Comprehensive review.--In order to prescribe the
regulations under paragraph (1), the Secretary shall conduct
a comprehensive review of all requirements (including
calculations), in existence on the date of enactment of the
Elijah E. Cummings Coast Guard Authorization Act of 2020,
that apply to covered small passenger vessels, with respect
to fire detection, protection, and suppression systems, and
avenues of egress, on board such vessels.
``(3) Requirements.--
``(A) In general.--Subject to subparagraph (B), the
regulations prescribed under paragraph (1) shall include,
with respect to covered small passenger vessels, regulations
for--
``(i) marine firefighting training programs to improve
crewmember training and proficiency, including emergency
egress training for each member of the crew, to occur for all
members on the crew--
``(I) at least monthly while such members are employed on
board the vessel; and
``(II) each time a new crewmember joins the crew of such
vessel;
``(ii) in all areas on board the vessel where passengers
and crew have access, including dining areas, sleeping
quarters, and lounges--
``(I) interconnected fire detection equipment, including
audible and visual alarms; and
``(II) additional fire extinguishers and other firefighting
equipment;
[[Page H3456]]
``(iii) the installation and use of monitoring devices to
ensure the wakefulness of the required night watch;
``(iv) increased fire detection and suppression systems
(including additional fire extinguishers) on board such
vessels in unmanned areas with machinery or areas with other
potential heat sources;
``(v) all general areas accessible to passengers to have no
less than 2 independent avenues of escape that are--
``(I) constructed and arranged to allow for free and
unobstructed egress from such areas;
``(II) located so that if one avenue of escape is not
available, another avenue of escape is available; and
``(III) not located directly above, or dependent on, a
berth;
``(vi) the handling, storage, and operation of flammable
items, such as rechargeable batteries, including lithium ion
batteries utilized for commercial purposes on board such
vessels;
``(vii) passenger emergency egress drills for all areas on
the vessel to which passengers have access, which shall occur
prior to the vessel beginning each excursion; and
``(viii) all passengers to be provided a copy of the
emergency egress plan for the vessel.
``(B) Applicability to certain covered small passenger
vessels.--The requirements described in clauses (iii), (v),
(vii), and (viii) of subparagraph (A) shall only apply to a
covered small passenger vessel that has overnight passenger
accommodations.
``(4) Interim requirements.--
``(A) Interim requirements.--The Secretary shall, prior to
issuing final regulations under paragraph (1), implement
interim requirements to enforce the requirements under
paragraph (3).
``(B) Implementation.--The Secretary shall implement the
interim requirements under subparagraph (A) without regard to
chapters 5 and 6 of title 5 and Executive Orders 12866 and
13563 (5 U.S.C. 601 note; relating to regulatory planning and
review and relating to improving regulation and regulatory
review).
``(5) Definition of covered small passenger vessel.--In
this subsection, the term `covered small passenger vessel'--
``(A) except as provided in subparagraph (B), means a small
passenger vessel (as defined in section 2101) that--
``(i) has overnight passenger accommodations; or
``(ii) is operating on a coastwise or oceans route; and
``(B) does not include a ferry (as defined in section 2101)
or fishing vessel (as defined in section 2101).''.
TITLE V--TECHNICAL, CONFORMING, AND CLARIFYING AMENDMENTS
SEC. 5001. TRANSFERS.
(a) In General.--
(1) Section 215 of the Coast Guard and Maritime
Transportation Act of 2004 (Public Law 108-293; 14 U.S.C. 504
note) is redesignated as section 322 of title 14, United
States Code, transferred to appear after section 321 of such
title (as added by this division), and amended so that the
enumerator, section heading, typeface, and typestyle conform
to those appearing in other sections in title 14, United
States Code.
(2) Section 406 of the Maritime Transportation Security Act
of 2002 (Public Law 107-295; 14 U.S.C. 501 note) is
redesignated as section 720 of title 14, United States Code,
transferred to appear after section 719 of such title (as
added by this division), and amended so that the enumerator,
section heading, typeface, and typestyle conform to those
appearing in other sections in title 14, United States Code.
(3) Section 1110 of title 14, United States Code, is
redesignated as section 5110 of such title and transferred to
appear after section 5109 of such title (as added by this
division).
(4) Section 401 of the Coast Guard Authorization Act of
2010 (Public Law 111-281) is amended by striking subsection
(e).
(5) Subchapter I of chapter 11 of title 14, United States
Code, as amended by this division, is amended by inserting
after section 1109 the following:
``Sec. 1110. Elevation of disputes to the Chief Acquisition
Officer
``If, after 90 days following the elevation to the Chief
Acquisition Officer of any design or other dispute regarding
level 1 or level 2 acquisition, the dispute remains
unresolved, the Commandant shall provide to the appropriate
congressional committees a detailed description of the issue
and the rationale underlying the decision taken by the Chief
Acquisition Officer to resolve the issue.''.
(6) Section 7 of the Rivers and Harbors Appropriations Act
of 1915 (33 U.S.C. 471) is amended--
(A) by transferring such section to appear after section
70005 of title 46, United States Code;
(B) by striking ``Sec. 7.'' and inserting ``Sec. 70006.
Establishment by Secretary of the department in which the
Coast Guard is operating of anchorage grounds and regulations
generally''; and
(C) by adjusting the margins with respect to subsections
(a) and (b) for the presence of a section heading
accordingly.
(7) Section 217 of the Coast Guard Authorization Act of
2010 (Public Law 111-281; 14 U.S.C. 504 note)--
(A) is redesignated as section 5112 of title 14, United
States Code, transferred to appear after section 5111 of such
title (as added by this division), and amended so that the
enumerator, section heading, typeface, and typestyle conform
to those appearing in other sections in title 14, United
States Code; and
(B) is amended--
(i) by striking the heading and inserting the following:
``Sec. 5112. Sexual assault and sexual harassment in the
Coast Guard''; and
(ii) in subsection (b), by adding at the end the following:
``(5)(A) The number of instances in which a covered
individual was accused of misconduct or crimes considered
collateral to the investigation of a sexual assault committed
against the individual.
``(B) The number of instances in which adverse action was
taken against a covered individual who was accused of
collateral misconduct or crimes as described in subparagraph
(A).
``(C) The percentage of investigations of sexual assaults
that involved an accusation or adverse action against a
covered individual as described in subparagraphs (A) and (B).
``(D) In this paragraph, the term `covered individual'
means an individual who is identified as a victim of a sexual
assault in the case files of a military criminal
investigative organization.''.
(b) Clerical Amendments.--
(1) The analysis for chapter 3 of title 14, United States
Code, as amended by this division, is further amended by
adding at the end the following:
``322. Redistricting notification requirement.''.
(2) The analysis for chapter 7 of title 14, United States
Code, as amended by this division, is further amended by
adding at the end the following:
``720. VHF communication services.''.
(3) The analysis for chapter 11 of title 14, United States
Code, is amended by striking the item relating to section
1110 and inserting the following:
``1110. Elevation of disputes to the Chief Acquisition Officer.''.
(4) The analysis for chapter 51 of title 14, United States
Code, as amended by this division, is further amended by
adding at the end the following:
``5110. Mission need statement.
``5111. Report on diversity at Coast Guard Academy.
``5112. Sexual assault and sexual harassment in the Coast Guard.''.
(5) The analysis for chapter 700 of title 46, United States
Code, is further amended by inserting after the item relating
to section 70005 the following:
``70006. Establishment by the Secretary of the department in which the
Coast Guard is operating of anchorage grounds and
regulations generally.''.
SEC. 5002. ADDITIONAL TRANSFERS.
(a) Section 204 of the Marine Transportation Security
Act.--
(1) The Maritime Transportation Security Act of 2002 is
amended by striking section 204 (33 U.S.C. 1902a).
(2) Section 3 of the Act to Prevent Pollution from Ships
(33 U.S.C. 1902)--
(A) is amended by redesignating subsections (e) through (i)
as subsections (f) through (j) respectively; and
(B) by inserting after subsection (d) the following:
``(e) Discharge of Agricultural Cargo Residue.--
Notwithstanding any other provision of law, the discharge
from a vessel of any agricultural cargo residue material in
the form of hold washings shall be governed exclusively by
the provisions of this Act that implement Annex V to the
International Convention for the Prevention of Pollution from
Ships.''.
(b) LNG Tankers.--
(1) The Coast Guard and Maritime Transportation Act of 2006
is amended by striking section 304 (Public Law 109-241; 120
Stat. 527).
(2) Section 5 of the Deepwater Port Act of 1974 (33 U.S.C.
1504) is amended by adding at the end the following:
``(j) LNG Tankers.--
``(1) Program.--The Secretary of Transportation shall
develop and implement a program to promote the transportation
of liquefied natural gas to and from the United States on
United States flag vessels.
``(2) Information to be provided.--When the Coast Guard is
operating as a contributing agency in the Federal Energy
Regulatory Commission's shoreside licensing process for a
liquefied natural gas or liquefied petroleum gas terminal
located on shore or within State seaward boundaries, the
Coast Guard shall provide to the Commission the information
described in section 5(c)(2)(K) of the Deepwater Port Act of
1974 (33 U.S.C. 1504(c)(2)(K)) with respect to vessels
reasonably anticipated to be servicing that port.''.
SEC. 5003. LICENSE EXEMPTIONS; REPEAL OF OBSOLETE PROVISIONS.
(a) Service Under Licenses Issued Without Examination.--
(1) Repeal.--Section 8303 of title 46, United States Code,
and the item relating to that section in the analysis for
chapter 83 of that title, are repealed.
(2) Conforming amendment.--Section 14305(a)(10) of title
46, United States Code, is amended by striking ``sections
8303 and 8304'' and inserting ``section 8304''.
(b) Standards for Tank Vessels of the United States.--
Section 9102 of title 46, United States Code, is amended--
[[Page H3457]]
(1) by striking ``(a)'' before the first sentence; and
(2) by striking subsection (b).
SEC. 5004. MARITIME TRANSPORTATION SYSTEM.
(a) Maritime Transportation System.--Section 312(b)(4) of
title 14, United States Code, is amended by striking ``marine
transportation system'' and inserting ``maritime
transportation system''.
(b) Clarification of Reference to Marine Transportation
System Programs.--Section 50307(a) of title 46, United States
Code, is amended by striking ``marine transportation'' and
inserting ``maritime transportation''.
SEC. 5005. REFERENCES TO ``PERSONS'' AND ``SEAMEN''.
(a) Technical Correction of References to ``Persons''.--
Title 14, United States Code, is amended as follows:
(1) In section 312(d), by striking ``persons'' and
inserting ``individuals''.
(2) In section 313(d)(2)(B), by striking ``person'' and
inserting ``individual''.
(3) In section 504--
(A) in subsection (a)(19)(B), by striking ``a person'' and
inserting ``an individual''; and
(B) in subsection (c)(4), by striking ``seamen;'' and
inserting ``mariners;''.
(4) In section 521, by striking ``persons'' each place it
appears and inserting ``individuals''.
(5) In section 522--
(A) by striking ``a person'' and inserting ``an
individual''; and
(B) by striking ``person'' the second and third place it
appears and inserting ``individual''.
(6) In section 525(a)(1)(C)(ii), by striking ``person'' and
inserting ``individual''.
(7) In section 526--
(A) by striking ``person'' each place it appears and
inserting ``individual'';
(B) by striking ``persons'' each place it appears and
inserting ``individuals''; and
(C) in subsection (b), by striking ``person's'' and
inserting ``individual's''.
(8) In section 709--
(A) by striking ``persons'' and inserting ``individuals'';
and
(B) by striking ``person'' and inserting ``individual''.
(9) In section 933(b), by striking ``Every person'' and
inserting ``An individual''.
(10) In section 1102(d), by striking ``persons'' and
inserting ``individuals''.
(11) In section 1902(b)(3)--
(A) in subparagraph (A), by striking ``person or persons''
and inserting ``individual or individuals''; and
(B) in subparagraph (B), by striking ``person'' and
inserting ``individual''.
(12) In section 1941(b), by striking ``persons'' and
inserting ``individuals''.
(13) In section 2101(b), by striking ``person'' and
inserting ``individual''.
(14) In section 2102(c), by striking ``A person'' and
inserting ``An individual''.
(15) In section 2104(b)--
(A) by striking ``persons'' and inserting ``individuals'';
and
(B) by striking ``A person'' and inserting ``An
individual''.
(16) In section 2118(d), by striking ``person'' and
inserting ``individual who is''.
(17) In section 2147(d), by striking ``a person'' and
inserting ``an individual''.
(18) In section 2150(f), by striking ``person'' and
inserting ``individual who is''.
(19) In section 2161(b), by striking ``person'' and
inserting ``individual''.
(20) In section 2317--
(A) by striking ``persons'' and inserting ``individuals'';
(B) by striking ``person'' each place it appears and
inserting ``individual''; and
(C) in subsection (c)(2), by striking ``person's'' and
inserting ``individual's''.
(21) In section 2531--
(A) by striking ``person'' each place it appears and
inserting ``individual''; and
(B) by striking ``persons'' each place it appears and
inserting ``individuals''.
(22) In section 2709, by striking ``persons'' and inserting
``individuals''.
(23) In section 2710--
(A) by striking ``persons'' and inserting ``individuals'';
and
(B) by striking ``person'' each place it appears and
inserting ``individual''.
(24) In section 2711(b), by striking ``person'' and
inserting ``individual''.
(25) In section 2732, by striking ``a person'' and
inserting ``an individual''.
(26) In section 2733--
(A) by striking ``A person'' and inserting ``An
individual''; and
(B) by striking ``that person'' and inserting ``that
individual''.
(27) In section 2734, by striking ``person'' each place it
appears and inserting ``individual''.
(28) In section 2735, by striking ``a person'' and
inserting ``an individual''.
(29) In section 2736, by striking ``person'' and inserting
``individual''.
(30) In section 2737, by striking ``a person'' and
inserting ``an individual''.
(31) In section 2738, by striking ``person'' and inserting
``individual''.
(32) In section 2739, by striking ``person'' and inserting
``individual''.
(33) In section 2740--
(A) by striking ``person'' and inserting ``individual'';
and
(B) by striking ``one'' the second place it appears.
(34) In section 2741--
(A) in subsection (a), by striking ``a person'' and
inserting ``an individual'';
(B) in subsection (b)(1), by striking ``person's'' and
inserting ``individual's''; and
(C) in subsection (b)(2), by striking ``person'' and
inserting ``individual''.
(35) In section 2743, by striking ``person'' each place it
appears and inserting ``individual''.
(36) In section 2744--
(A) in subsection (b), by striking ``a person'' and
inserting ``an individual''; and
(B) in subsections (a) and (c), by striking ``person'' each
place it appears and inserting ``individual''.
(37) In section 2745, by striking ``person'' and inserting
``individual''.
(38)(A) In section 2761--
(i) in the section heading, by striking ``Persons'' and
inserting ``Individuals'';
(ii) by striking ``persons'' and inserting ``individuals'';
and
(iii) by striking ``person'' and inserting ``individual''.
(B) In the analysis for chapter 27, by striking the item
relating to section 2761 and inserting the following:
``2761. Individuals discharged as result of court-martial; allowances
to.''.
(39)(A) In the heading for section 2767, by striking
``persons'' and inserting ``individuals''.
(B) In the analysis for chapter 27, by striking the item
relating to section 2767 and inserting the following:
``2767. Reimbursement for medical-related travel expenses for certain
individuals residing on islands in the continental United
States.''.
(40) In section 2769--
(A) by striking ``a person's'' and inserting ``an
individual's''; and
(B) in paragraph (1), by striking ``person'' and inserting
``individual''.
(41) In section 2772(a)(2), by striking ``person'' and
inserting ``individual''.
(42) In section 2773--
(A) in subsection (b), by striking ``persons'' each place
it appears and inserting ``individuals''; and
(B) in subsection (d), by striking ``a person'' and
inserting ``an individual''.
(43) In section 2775, by striking ``person'' each place it
appears and inserting ``individual''.
(44) In section 2776, by striking ``person'' and inserting
``individual''.
(45)(A) In section 2777--
(i) in the heading, by striking ``persons'' and inserting
``individuals''; and
(ii) by striking ``persons'' each place it appears and
inserting ``individuals''.
(B) In the analysis for chapter 27, by striking the item
relating to section 2777 and inserting the following:
``2777. Clothing for destitute shipwrecked individuals.''.
(46) In section 2779, by striking ``persons'' each place it
appears and inserting ``individuals''.
(47) In section 2902(c), by striking ``person'' and
inserting ``individual''.
(48) In section 2903(b), by striking ``person'' and
inserting ``individual''.
(49) In section 2904(b)(1)(B), by striking ``a person'' and
inserting ``an individual''.
(50) In section 3706--
(A) by striking ``a person'' and inserting ``an
individual''; and
(B) by striking ``person's'' and inserting
``individual's''.
(51) In section 3707--
(A) in subsection (c)--
(i) by striking ``person'' and inserting ``individual'';
and
(ii) by striking ``person's'' and inserting
``individual's''; and
(B) in subsection (e), by striking ``a person'' and
inserting ``an individual''.
(52) In section 3708, by striking ``person'' each place it
appears and inserting ``individual''.
(53) In section 3738--
(A) by striking ``a person'' each place it appears and
inserting ``an individual'';
(B) by striking ``person's'' and inserting
``individual's''; and
(C) by striking ``A person'' and inserting ``An
individual''.
(b) Correction of References to Persons and Seamen.--
(1) Section 2303a(a) of title 46, United States Code, is
amended by striking ``persons'' and inserting
``individuals''.
(2) Section 2306(a)(3) of title 46, United States Code, is
amended to read as follows:
``(3) An owner, charterer, managing operator, or agent of a
vessel of the United States notifying the Coast Guard under
paragraph (1) or (2) shall--
``(A) provide the name and identification number of the
vessel, the names of individuals on board, and other
information that may be requested by the Coast Guard; and
``(B) submit written confirmation to the Coast Guard within
24 hours after nonwritten notification to the Coast Guard
under such paragraphs.''.
(3) Section 7303 of title 46, United States Code, is
amended by striking ``seaman'' each place it appears and
inserting ``individual''.
(4) Section 7319 of title 46, United States Code, is
amended by striking ``seaman'' each place it appears and
inserting ``individual''.
(5) Section 7501(b) of title 46, United States Code, is
amended by striking ``seaman'' and inserting ``holder''.
(6) Section 7508(b) of title 46, United States Code, is
amended by striking ``individual seamen or a specifically
identified group of seamen'' and inserting ``an individual or
a specifically identified group of individuals''.
(7) Section 7510 of title 46, United States Code, is
amended--
[[Page H3458]]
(A) in subsection (c)(8)(B), by striking ``merchant
seamen'' and inserting ``merchant mariner''; and
(B) in subsection (d), by striking ``merchant seaman'' and
inserting ``merchant mariner''.
(8) Section 8103(k)(3)(C) of title 46, United States Code,
is amended by striking ``merchant mariners'' each place it
appears and inserting ``merchant mariner's''.
(9) Section 8104 of title 46, United States Code, is
amended--
(A) in subsection (c), by striking ``a licensed individual
or seaman'' and inserting ``an individual'';
(B) in subsection (d), by striking ``A licensed individual
or seaman'' and inserting ``An individual'';
(C) in subsection (e), by striking ``a seaman'' each place
it appears and inserting ``an individual''; and
(D) in subsection (j), by striking ``seaman'' and inserting
``individual''.
(10) Section 8302(d) of title 46, United States Code, is
amended by striking ``3 persons'' and inserting ``3
individuals''.
(11) Section 11201 of title 46, United States Code, is
amended by striking ``a person'' each place it appears and
inserting ``an individual''.
(12) Section 11202 of title 46, United States Code, is
amended--
(A) by striking ``a person'' and inserting ``an
individual''; and
(B) by striking ``the person'' each place it appears and
inserting ``the individual''.
(13) Section 11203 of title 46, United States Code, is
amended--
(A) by striking ``a person'' each place it appears and
inserting ``an individual''; and
(B) in subsection (a)(2), by striking ``that person'' and
inserting ``that individual''.
(14) Section 15109(i)(2) of title 46, United States Code,
is amended by striking ``additional persons'' and inserting
``additional individuals''.
SEC. 5006. REFERENCES TO ``HIMSELF'' AND ``HIS''.
(a) Section 1927 of title 14, United States Code, is
amended by--
(1) striking ``of his initial'' and inserting ``of an
initial''; and
(2) striking ``from his pay'' and inserting ``from the pay
of such cadet''.
(b) Section 2108(b) of title 14, United States Code, is
amended by striking ``himself'' and inserting ``such
officer''.
(c) Section 2732 of title 14, United States Code, as
amended by this division, is further amended--
(1) by striking ``distinguishes himself conspicuously by''
and inserting ``displays conspicuous''; and
(2) by striking ``his'' and inserting ``such
individual's''.
(d) Section 2736 of title 14, United States Code, as
amended by this division, is further amended by striking
``distinguishes himself by'' and inserting ``performs''.
(e) Section 2738 of title 14, United States Code, as
amended by this division, is further amended by striking
``distinguishes himself by'' and inserting ``displays''.
(f) Section 2739 of title 14, United States Code, as
amended by this division, is further amended by striking
``distinguishes himself by'' and inserting ``displays''.
(g) Section 2742 of title 14, United States Code, is
amended by striking ``he distinguished himself'' and
inserting ``of the acts resulting in the consideration of
such award''.
(h) Section 2743 of title 14, United States Code, as
amended by this division, is further amended--
(1) by striking ``distinguishes himself''; and
(2) by striking ``he'' and inserting ``such individual''.
SEC. 5007. MISCELLANEOUS TECHNICAL CORRECTIONS.
(a) Miscellaneous Technical Corrections.--
(1) Section 3305(d)(3)(B) of title 46, United States Code,
is amended by striking ``Coast Guard Authorization Act of
2017'' and inserting ``Frank LoBiondo Coast Guard
Authorization Act of 2018''.
(2) Section 4312 of title 46, United States Code, is
amended by striking ``Coast Guard Authorization Act of 2017''
each place it appears and inserting ``Frank LoBiondo Coast
Guard Authorization Act of 2018 (Public Law 115-282)''.
(3) The analysis for chapter 700 of title 46, United States
Code, is amended--
(A) by striking the item relating to the heading for the
first subchapter and inserting the following:
``subchapter i--vessel operations'';
(B) by striking the item relating to the heading for the
second subchapter and inserting the following:
``subchapter ii--ports and waterways safety'';
(C) by striking the item relating to the heading for the
third subchapter and the item relating to section 70021 of
such chapter and inserting the following:
``subchapter iii--conditions for entry into ports in the united states
``70021. Conditions for entry into ports in the United States.'';
(D) by striking the item relating to the heading for the
fourth subchapter and inserting the following:
``subchapter iv--definitions regulations, enforcement, investigatory
powers, applicability'';
(E) by striking the item relating to the heading for the
fifth subchapter and inserting the following:
``subchapter v--regattas and marine parades'';
and
(F) by striking the item relating to the heading for the
sixth subchapter and inserting the following:
``subchapter vi--regulation of vessels in territorial waters of the
united states''.
(4) Section 70031 of title 46, United States Code, is
amended by striking ``A through C'' and inserting ``I through
III''.
(5) Section 70032 of title 46, United States Code, is
amended by striking ``A through C'' and inserting ``I through
III''.
(6) Section 70033 of title 46, United States Code, is
amended by striking ``A through C'' and inserting ``I through
III''.
(7) Section 70034 of title 46, United States Code, is
amended by striking ``A through C'' each place it appears and
inserting ``I through III''.
(8) Section 70035(a) of title 46, United States Code, is
amended by striking ``A through C'' and inserting ``I through
III''.
(9) Section 70036 of title 46, United States Code, is
amended by--
(A) striking ``A through C'' each place it appears and
inserting ``I through III''; and
(B) striking ``A, B, or C'' each place it appears and
inserting ``I, II, or III''.
(10) Section 70051 of title 46, United States Code, is
amended--
(A) by striking ``immediate Federal response,'' and all
that follows through ``subject to the approval'' and
inserting ``immediate Federal response, the Secretary of the
department in which the Coast Guard is operating may make,
subject to the approval''; and
(B) by striking ``authority to issue such rules'' and all
that follows through ``Any appropriation'' and inserting
``authority to issue such rules and regulations to the
Secretary of the department in which the Coast Guard is
operating. Any appropriation''.
(11) Section 70052(e) of title 46, United States Code, is
amended by striking ``Secretary'' and inserting ``Secretary
of the department in which the Coast Guard is operating''
each place it appears.
(b) Alteration of Bridges; Technical Changes.--The Act of
June 21, 1940 (33 U.S.C. 511 et seq.), popularly known as the
Truman-Hobbs Act, is amended by striking section 12 (33
U.S.C. 522).
(c) Report of Determination; Technical Correction.--Section
105(f)(2) of the Pribilof Islands Transition Act (16 U.S.C.
1161 note; Public Law 106-562) is amended by striking
``subsection (a),'' and inserting ``paragraph (1),''.
(d) Technical Corrections to Frank LoBiondo Coast Guard
Authorization Act of 2018.--
(1) Section 408 of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) and the item
relating to such section in section 2 of such Act are
repealed, and the provisions of law redesignated,
transferred, or otherwise amended by section 408 are amended
to read as if such section were not enacted.
(2) Section 514(b) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is amended by
striking ``Chapter 30'' and inserting ``Chapter 3''.
(3) Section 810(d) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is amended by
striking ``within 30 days after receiving the notice under
subsection (a)(1), the Secretary shall, by not later than 60
days after transmitting such notice,'' and inserting ``in
accordance within subsection (a)(2), the Secretary shall''.
(4) Section 820(a) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is amended by
striking ``years 2018 and'' and inserting ``year''.
(5) Section 820(b)(2) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is amended by
inserting ``and the Consolidated Appropriations Act, 2018
(Public Law 115-141)'' after ``(Public Law 115-31)''.
(6) Section 821(a)(2) of the Frank LoBiondo Coast Guard
Authorization Act of 2018 (Public Law 115-282) is amended by
striking ``Coast Guard Authorization Act of 2017'' and
inserting ``Frank LoBiondo Coast Guard Authorization Act of
2018''.
(7) This section shall take effect on the date of the
enactment of the Frank LoBiondo Coast Guard Authorization Act
of 2018 (Public Law 115-282) and apply as if included
therein.
(e) Technical Correction.--Section 533(d)(2)(A) of the
Coast Guard Authorization Act of 2016 (Public Law 114-120) is
amended by striking ``Tract 6'' and inserting ``such Tract''.
(f) Distant Water Tuna Fleet; Technical Corrections.--
Section 421 of the Coast Guard and Maritime Transportation
Act of 2006 (Public Law 109-241) is amended--
(1) in subsection (a)--
(A) by striking ``Notwithstanding'' and inserting the
following:
``(1) In general.--Notwithstanding''; and
(B) by adding at the end the following:
``(2) Definition.--In this subsection, the term `treaty
area' has the meaning given the term in the Treaty on
Fisheries Between the Governments of Certain Pacific Island
States and the Government of the United States of America as
in effect on the date of the enactment of the Coast Guard and
Maritime Transportation Act of 2006 (Public Law 109-241).'';
and
(2) in subsection (c)--
[[Page H3459]]
(A) by striking ``12.6 or 12.7'' and inserting ``13.6'';
and
(B) by striking ``and Maritime Transportation Act of 2012''
and inserting ``Authorization Act of 2020''.
SEC. 5008. TECHNICAL CORRECTIONS RELATING TO CODIFICATION OF
PORTS AND WATERWAYS SAFETY ACT.
Effective upon the enactment of section 401 of the Frank
LoBiondo Coast Guard Authorization Act of 2018 (Public Law
115-282), and notwithstanding section 402(e) of such Act--
(1) section 16 of the Ports and Waterways Safety Act, as
added by section 315 of the Countering America's Adversaries
Through Sanctions Act (Public Law 115-44; 131 Stat. 947)--
(A) is redesignated as section 70022 of title 46, United
States Code, transferred to appear after section 70021 of
that title, and amended so that the enumerator, section
heading, typeface, and typestyle conform to those appearing
in other sections in title 46, United States Code; and
(B) as so redesignated and transferred, is amended--
(i) in subsections (b) and (e), by striking ``section
4(a)(5)'' each place it appears and inserting ``section
70001(a)(5)'';
(ii) in subsection (c)(2), by striking ``not later than''
and all that follows through ``thereafter,'' and inserting
``periodically''; and
(iii) by striking subsection (h); and
(2) chapter 700 of title 46, United States Code, is
amended--
(A) in section 70002(2), by inserting ``or 70022'' after
``section 70021'';
(B) in section 70036(e), by inserting ``or 70022'' after
``section 70021''; and
(C) in the analysis for such chapter--
(i) by inserting ``Sec.'' above the section items, in
accordance with the style and form of such an entry in other
chapter analyses of such title; and
(ii) by adding at the end the following:
``70022. Prohibition on entry and operation.''.
SEC. 5009. AIDS TO NAVIGATION.
(a) Section 541 of title 14, United States Code, is
amended--
(1) by striking ``In'' and inserting ``(a) In''; and
(2) by adding at the end the following:
``(b) In the case of pierhead beacons, the Commandant may--
``(1) acquire, by donation or purchase in behalf of the
United States, the right to use and occupy sites for pierhead
beacons; and
``(2) properly mark all pierheads belonging to the United
States situated on the northern and northwestern lakes,
whenever the Commandant is duly notified by the department
charged with the construction or repair of pierheads that the
construction or repair of any such pierheads has been
completed.''.
(b) Subchapter III of chapter 5 of title 14, United States
Code, is amended by adding at the end the following:
``Sec. 548. Prohibition against officers and employees being
interested in contracts for materials
``No officer, enlisted member, or civilian member of the
Coast Guard in any manner connected with the construction,
operation, or maintenance of lighthouses, shall be
interested, either directly or indirectly, in any contract
for labor, materials, or supplies for the construction,
operation, or maintenance of lighthouses, or in any patent,
plan, or mode of construction or illumination, or in any
article of supply for the construction, operation, or
maintenance of lighthouses.
``Sec. 549. Lighthouse and other sites; necessity and
sufficiency of cession by State of jurisdiction
``(a) No lighthouse, beacon, public pier, or landmark,
shall be built or erected on any site until cession of
jurisdiction over the same has been made to the United
States.
``(b) For the purposes of subsection (a), a cession by a
State of jurisdiction over a place selected as the site of a
lighthouse, or other structure or work referred to in
subsection (a), shall be deemed sufficient if the cession
contains a reservation that process issued under authority of
such State may continue to be served within such place.
``(c) If no reservation of service described in subsection
(b) is contained in a cession, all process may be served and
executed within the place ceded, in the same manner as if no
cession had been made.
``Sec. 550. Marking pierheads in certain lakes
``The Commandant of the Coast Guard shall properly mark all
pierheads belonging to the United States situated on the
northern and northwestern lakes, whenever he is duly notified
by the department charged with the construction or repair of
pierheads that the construction or repair of any such
pierhead has been completed.''.
(c) Clerical Amendment.--The analysis for chapter 5 of
title 14, United States Code, is amended by inserting after
the item relating to section 547 the following:
``548. Prohibition against officers and employees being interested in
contracts for materials.
``549. Lighthouse and other sites; necessity and sufficiency of cession
by State of jurisdiction.
``550. Marking pierheads in certain lakes.''.
SEC. 5010. TRANSFERS RELATED TO EMPLOYEES OF LIGHTHOUSE
SERVICE.
(a) Section 6 of chapter 103 of the Act of June 20, 1918
(33 U.S.C. 763) is repealed.
(b) Chapter 25 of title 14, United States Code, is amended
by inserting after section 2531 the following:
``Sec. 2532. Retirement of employees
``(a) Optional Retirement.--Except as provided in
subsections (d) and (e), a covered employee may retire from
further performance of duty if such officer or employee--
``(1) has completed 30 years of active service in the
Government and is at least 55 years of age;
``(2) has completed 25 years of active service in the
Government and is at least 62 years of age; or
``(3) is involuntarily separated from further performance
of duty, except by removal for cause on charges of misconduct
or delinquency, after completing 25 years of active service
in the Government, or after completing 20 years of such
service and if such employee is at least 50 years of age.
``(b) Compulsory Retirement.--A covered employee who
becomes 70 years of age shall be compulsorily retired from
further performance of duty.
``(c) Retirement for Disability.--
``(1) In general.--A covered employee who has completed 15
years of active service in the Government and is found, after
examination by a medical officer of the United States, to be
disabled for useful and efficient service by reason of
disease or injury not due to vicious habits, intemperance, or
willful misconduct of such officer or employee, shall be
retired.
``(2) Restoration to active duty.--Any individual retired
under paragraph (1) may, upon recovery, be restored to active
duty, and shall from time to time, before reaching the age at
which such individual may retire under subsection (a), be
reexamined by a medical officer of the United States upon the
request of the Secretary of the department in which the Coast
Guard is operating.
``(d) Annual Compensation.--
``(1) In general.--Except as provided in paragraph (2), The
annual compensation of a person retired under this section
shall be a sum equal to one-fortieth of the average annual
pay received for the last 3 years of service for each year of
active service in the Lighthouse Service, or in a department
or branch of the Government having a retirement system, not
to exceed thirty-fortieths of such average annual pay
received.
``(2) Retirement before 55.--The retirement pay computed
under paragraph (1) for any officer or employee retiring
under this section shall be reduced by one-sixth of 1 percent
for each full month the officer or employee is under 55 years
of age at the date of retirement.
``(3) No allowance or subsistence.--Retirement pay under
this section shall not include any amount on account of
subsistence or other allowance.
``(e) Exception.--The retirement and pay provision in this
section shall not apply to--
``(1) any person in the field service of the Lighthouse
Service whose duties do not require substantially all their
time; or
``(2) persons of the Coast Guard.
``(f) Waiver.--Any person entitled to retirement pay under
this section may decline to accept all or any part of such
retirement pay by a waiver signed and filed with the
Secretary of the Treasury. Such waiver may be revoked in
writing at any time, but no payment of the retirement pay
waived shall be made covering the period during which such
waiver was in effect.
``(g) Definition.--For the purposes of this section, the
term `covered employee' means an officer or employee engaged
in the field service or on vessels of the Lighthouse Service,
except a person continuously employed in district offices or
shop.''.
(c) Clerical Amendment.--The analysis for chapter 25 of
title 14, United States Code, is amended by inserting after
the item relating to section 2531 the following:
``2532. Retirement of employees.''.
SEC. 5011. TRANSFERS RELATED TO SURVIVING SPOUSES OF
LIGHTHOUSE SERVICE EMPLOYEES.
(a) Benefit to Surviving Spouses.--Chapter 25 of title 14,
United States Code, is further amended by inserting after
section 2532 (as added by this division) the following:
``Sec. 2533. Surviving spouses
``The Secretary of the department in which the Coast Guard
is operating shall pay $100 per month to the surviving spouse
of a current or former employee of the Lighthouse Service in
accordance with section 2532 if such employee dies--
``(1) at a time when such employee was receiving or was
entitled to receive retirement pay under this subchapter; or
``(2) from non-service-connected causes after fifteen or
more years of employment in such service.''.
(b) Transfers Related to Surviving Spouses of Lighthouse
Service Employees.--
(1) Chapter 25 of title 14, United States Code, is amended
by inserting after section 2533 (as added by this division)
the following:
``Sec. 2534. Application for benefits''.
(2)(A) Section 3 of chapter 761 of the Act of August 19,
1950 (33 U.S.C. 773), is redesignated as section 2534(a) of
title 14, United States Code, transferred to appear after the
heading of section 2534 of that title, and amended so that
the enumerator, section heading, typeface, and typestyle
conform to those appearing in other sections in title 14,
United States Code.
(B) Section 2534(a), as so redesignated, transferred, and
amended is further amended by striking ``this Act'' and
inserting ``section 2533''.
(3)(A) Section 4 of chapter 761 of the Act of August 19,
1950 (33 U.S.C. 774), is redesignated
[[Page H3460]]
as section 2534(b) of title 14, United States Code,
transferred to appear after section 2534(a) of that title,
and amended so that the enumerator, section heading,
typeface, and typestyle conform to those appearing in other
sections in title 14, United States Code.
(B) Section 2534(b), as so redesignated, transferred, and
amended is further amended by striking ``the provisions of
this Act'' and inserting ``section 2533''.
(4)(A) The proviso under the heading ``Payment to Civil
Service Retirement and Disability Fund'' of title V of
division C of Public Law 112-74 (33 U.S.C. 776) is
redesignated as section 2534(c) of title 14, United States
Code, transferred to appear after section 2534(b) of that
title, and amended so that the enumerator, section heading,
typeface, and typestyle conform to those appearing in other
sections in title 14, United States Code.
(B) Section 2534(c), as so redesignated, transferred, and
amended is further amended by striking ``the Act of May 29,
1944, and the Act of August 19, 1950 (33 U.S.C. 771-775),''
and inserting ``section 2533''.
(c) Clerical Amendment.--The analysis for chapter 25 of
title 14, United States Code, is further amended by inserting
after the item relating to section 2532 (as added by this
division) the following:
``2533. Surviving spouses.
``2534. Application for benefits.''.
SEC. 5012. REPEALS RELATED TO LIGHTHOUSE STATUTES.
(a) In General.--The following provisions are repealed:
(1) Section 4680 of the Revised Statutes of the United
States (33 U.S.C. 725).
(2) Section 4661 of the Revised Statutes of the United
States (33 U.S.C. 727).
(3) Section 4662 of the Revised Statutes of the United
States (33 U.S.C. 728).
(4) The final paragraph in the account ``For Life-Saving
and Life-Boat Stations'' under the heading Treasury
Department in the first section of chapter 130 of the Act of
March 3, 1875 (33 U.S.C. 730a).
(5) Section 11 of chapter 301 of the Act of June 17, 1910
(33 U.S.C. 743).
(6) The first section of chapter 215 of the Act of May 13,
1938 (33 U.S.C. 745a).
(7) The first section of chapter 313 of the Act of February
25, 1929 (33 U.S.C. 747b).
(8) Section 2 of chapter 103 of the Act of June 20, 1918
(33 U.S.C. 748).
(9) Section 4 of chapter 371 of the Act of May 22, 1926 (33
U.S.C. 754a).
(10) Chapter 642 of the Act of August 10, 1939 (33 U.S.C.
763a-1).
(11) Chapter 788 of the Act of October 29, 1949 (33 U.S.C.
763-1).
(12) Chapter 524 of the Act of July 9, 1956 (33 U.S.C. 763-
2).
(13) The last 2 provisos under the heading Lighthouse
Service, under the heading Department of Commerce, in the
first section of chapter 161 of the Act of March 4, 1921 (41
Stat. 1417, formerly 33 U.S.C. 764).
(14) Section 3 of chapter 215 of the Act of May 13, 1938
(33 U.S.C. 770).
(15) The first section and section 2 of chapter 761 of the
Act of August 19, 1950 (33 U.S.C. 771 and 772).
(b) Savings.--
(1) Notwithstanding any repeals made by this section, any
individual beneficiary currently receiving payments under the
authority of any provisions repealed in this section shall
continue to receive such benefits.
(2) Notwithstanding the repeals made under paragraphs (10)
and (11) of subsection (a), any pay increases made under
chapter 788 of the Act of October 29, 1949, and chapter 524
of the Act of July 9, 1956, as in effect prior to their
repeal shall remain in effect.
TITLE VI--FEDERAL MARITIME COMMISSION
SEC. 6001. SHORT TITLE.
This title may be cited as the ``Federal Maritime
Commission Authorization Act of 2020''.
SEC. 6002. AUTHORIZATION OF APPROPRIATIONS.
Section 308 of title 46, United States Code, is amended by
striking ``$28,012,310 for fiscal year 2018 and $28,544,543
for fiscal year 2019'' and inserting ``$29,086,888 for fiscal
year 2020 and $29,639,538 for fiscal year 2021''.
SEC. 6003. UNFINISHED PROCEEDINGS.
Section 305 of title 46, United States Code, is amended--
(1) by striking ``The Federal'' and inserting ``(a) In
General.--The Federal''; and
(2) by adding at the end the following:
``(b) Transparency.--
``(1) In general.--In conjunction with the transmittal by
the President to the Congress of the Budget of the United
States for fiscal year 2021 and biennially thereafter, the
Federal Maritime Commission shall submit to the Committee on
Commerce, Science, and Transportation of the Senate and the
Committee on Transportation and Infrastructure of the House
of Representatives reports that describe the Commission's
progress toward addressing the issues raised in each
unfinished regulatory proceeding, regardless of whether the
proceeding is subject to a statutory or regulatory deadline.
``(2) Format of reports.--Each report under paragraph (1)
shall, among other things, clearly identify for each
unfinished regulatory proceeding--
``(A) the popular title;
``(B) the current stage of the proceeding;
``(C) an abstract of the proceeding;
``(D) what prompted the action in question;
``(E) any applicable statutory, regulatory, or judicial
deadline;
``(F) the associated docket number;
``(G) the date the rulemaking was initiated;
``(H) a date for the next action; and
``(I) if a date for the next action identified in the
previous report is not met, the reason for the delay.''.
SEC. 6004. TRANSFER OF FEDERAL MARITIME COMMISSION
PROVISIONS.
(a) Transfer.--
(1) Subtitle IV of title 46, United States Code, is amended
by adding at the end the following:
``PART D--FEDERAL MARITIME COMMISSION
``CHAPTER 461--FEDERAL MARITIME COMMISSION''.
(2) Chapter 3 of title 46, United States Code, is
redesignated as chapter 461 of part D of subtitle IV of such
title and transferred to appear in such part.
(3) Sections 301 through 308 of such title are redesignated
as sections 46101 through 46108, respectively, of such title.
(b) Conforming Amendments.--
(1) Section 46101(c)(3)(A)(v) of title 46, United States
Code, as so redesignated, is amended by striking ``304'' and
inserting ``46104''.
(2) section 322(b) of the Coast Guard Personnel and
Maritime Safety Act of 2002 (31 U.S.C. 1113 note) is amended
by striking ``208 of the Merchant Marine Act, 1936 (46 App.
U.S.C. 1118)'' and inserting ``46106(a) of title 46, United
States Code''.
(3) Section 1031(23) of the National Defense Authorization
Act for Fiscal Year 2000 (31 U.S.C. 1113 note) is amended by
striking ``208, 901(b)(2), and 1211 of the Merchant Marine
Act, 1936 (46 App. U.S.C. 1118, 1241(b)(2), 1291)'' and
inserting ``44106(a) and 55305(d) of title 46, United States
Code''.
(4) The analysis for subtitle I of title 46, United States
Code, is amended by striking the item relating to chapter 3.
(5) The analysis for subtitle IV of such title is amended
by adding at the end the following:
``Part D--Federal Maritime Commission
``461. Federal Maritime Commission.........................46101''.....
(6) The analysis for chapter 461 of part D of subtitle IV
of such title, as so redesignated, is amended to read as
follows:
``Sec.
``46101. General organization.
``46102. Quorum.
``46103. Meetings.
``46104. Delegation of authority.
``46105. Regulations.
``46106. Annual report.
``46107. Expenditures.
``46108. Authorization of appropriations.''.
(c) Technical Correction.--Section 46103(c)(3) of title 46,
United States Code, as so redesignated, is amended by
striking ``555b(c)'' and inserting ``552b(c)''.
Amendment No. 118 Offered by Ms. DelBene of Washington
At the end of subtitle C of title VIII, insert the
following new section:
SEC. 8__. DOMESTIC SOURCING REQUIREMENTS FOR ALUMINUM.
(a) Finding.--Congress finds that aluminum production
capacity in the United States is critical to United States
national security.
(b) Designation of Aluminum as Specialty Metal.--Section
2533b(l) of title 10, United States Code, is amended by
adding at the end the following new paragraph:
``(5) Aluminum and aluminum alloys.''
(c) Federal Highway Administration.--Section 313(a) of
title 23, United States Code, is amended by striking ``unless
steel, iron, and manufactured products'' and inserting
``unless steel, iron, aluminum, and manufactured products''.
(d) Federal Transit Administration.--Section 5323(j) of
title 49, United States Code, is amended--
(1) in paragraph (1), by striking ``only if the steel,
iron, and manufactured goods'' and inserting ``only if the
steel, iron, aluminum, and manufactured goods'';
(2) in paragraph (2)(B), by striking ``steel, iron, and
goods'' and inserting ``steel, iron, aluminum, and
manufactured goods'';
(3) in paragraph (5), by striking ``or iron'' and inserting
``, iron, or aluminum'';
(4) in paragraph (6)(A)(i), by inserting ``, aluminum''
after ``iron'';
(5) in paragraph (10), by inserting ``, aluminum'' after
``iron''; and
(6) in paragraph (12)--
(A) in the paragraph heading, by striking ``and iron'' and
inserting ``, iron, and aluminum''; and
(B) by striking ``and iron'' and inserting ``, iron, and
aluminum''.
(e) Federal Railroad Administration.--Section 22905(a) of
title 49, United States Code, is amended--
(1) in paragraph (1), by striking ``only if the steel,
iron, and manufactured goods'' and inserting ``only if the
steel, iron, aluminum, and manufactured products'';
(2) in paragraph (2)(B), by inserting ``, aluminum'' after
``iron''; and
(3) in paragraph (9), by inserting ``, aluminum'' after
``iron''.
(f) Federal Aviation Administration.--Section 50101(a) of
title 49, United States Code, is amended by striking ``steel
and manufactured goods'' and inserting ``steel, aluminum, and
manufactured goods''.
(g) Amtrak.--Section 24305(f)(2) of title 49, United States
Code, is amended by inserting ``(including aluminum)'' after
``supplies'' each place it appears.
[[Page H3461]]
Amendment No. 119 Offered by Ms. DelBene of Washington
At the end of subtitle C of title VIII, add the following
new section:
SEC. 8_. REPORT ON ALUMINUM REFINING, PROCESSING, AND
MANUFACTURING.
(a) Sense of Congress.--It is the sense of Congress that,
consistent with any determinations made pursuant to section
101 of the Defense Production Act of 1950 (50 U.S.C. 4511),
the refining of aluminum and the development of processing
and manufacturing capabilities for aluminum, including a
geographically diverse set of such capabilities, may have
important implications for the defense industrial base and
the national defense.
(b) Report.--Not later than September 30, 2021, the
Secretary of Defense shall submit to the appropriate
congressional committees a report on--
(1) how authorities under the Defense Production Act of
1950 (50 U.S.C. 4501 et seq.) could be used to provide
incentives to increase activities relating to refining
aluminum and the development of processing and manufacturing
capabilities for aluminum; and
(2) whether a new initiative would further the development
of such processing and manufacturing capabilities for
aluminum.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committees on Armed Services of the Senate and the
House of Representatives; and
(B) the Committee on Financial Services of the House of
Representatives and the Committee on Banking, Housing, and
Urban Affairs of the Senate.
(2) National defense.--The term ``national defense'' shall
have the same meaning as such term under section 702 of the
Defense Production Act of 1950 (50 U.S. C. 4552).
Amendment No. 120 Offered by Mr. Delgado of New York
Page 1024, after line 6, insert the following:
SEC. 1706. REPORT REGARDING VETERANS WHO RECEIVE BENEFITS
UNDER LAWS ADMINISTERED BY THE SECRETARY OF
VETERANS AFFAIRS.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Veterans Affairs
shall publish a report regarding veterans who receive
benefits under laws administered by the Secretary, including
the Transition Assistance Program under sections 1142 and
1144 of title 10, United States Code.
(b) Data.--The data regarding veterans published in the
report under subsection (a)--
(1) shall be disaggregated by--
(A) sex;
(B) sexual orientation;
(C) gender identity;
(D) minority group member status; and
(E) minority group member status listed by sex; and
(2) may not include any personally identifiable
information.
(c) Matters Included.--The report under subsection (a)
shall include--
(1) identification of any disparities in the use of
benefits under laws administered by the Secretary;
(2) an analysis of the cause of such disparities, and
recommendations to address such disparities; and
(3) identification of veterans who are determined to be
ineligible for benefits due to discharge status.
(d) Minority Group Member Defined.--In this section, the
term ``minority group member'' has the meaning given that
term in section 544 of title 38, United States Code.
Amendment No. 121 Offered by Mr. Delgado of New York
Add at the end of subtitle E of title XVII the following:
SEC. 1762. THRESHOLD FOR REPORTING ADDITIONS TO TOXICS
RELEASE INVENTORY.
Section 7321 of the PFAS Act of 2019 (Public Law 116-92) is
amended--
(1) in subsection (b), by adding at the end the following:
``(3) Limitation.--Section 372.38 of title 40, Code of
Federal Regulations (or any successor regulation), shall not
apply to a chemical described in paragraph (1) unless the
Administrator, in accordance with paragraph (2)(B), revises
the threshold for reporting such chemical to 10,000
pounds.'';
(2) in subsection (c), by adding at the end the following:
``(3) Limitation.--Section 372.38 of title 40, Code of
Federal Regulations (or any successor regulation), shall not
apply to the substances and classes of substances included in
the toxics release inventory under paragraph (1) unless the
Administrator, in accordance with paragraph (2)(B), revises
the threshold for reporting such substances and class of
substances to 10,000 pounds.''; and
(3) in subsection (d), by adding at the end the following:
``(4) Limitation.--Section 372.38 of title 40, Code of
Federal Regulations (or any successor regulation), shall not
apply to the substances and classes of substances described
in paragraph (2) unless the Administrator sets a 10,000 pound
reporting threshold for such substances and classes of
substances.''.
Amendment No. 122 Offered by Mr. Deutch of Florida
Add at the end of title XII the following:
Subtitle H--United States Nationals Unlawfully or Wrongfully Detained
Abroad
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the ``Robert Levinson Hostage
Recovery and Hostage-Taking Accountability Act''.
SEC. 1282. ASSISTANCE FOR UNITED STATES NATIONALS UNLAWFULLY
OR WRONGFULLY DETAINED ABROAD.
(a) Review.--The Secretary of State shall review the cases
of United States nationals detained abroad to determine if
there is credible information that they are being detained
unlawfully or wrongfully, based on criteria which may include
whether--
(1) United States officials receive or possess credible
information indicating innocence of the detained individual;
(2) the individual is being detained solely or
substantially because he or she is a United States national;
(3) the individual is being detained solely or
substantially to influence United States Government policy or
to secure economic or political concessions from the United
States Government;
(4) the detention appears to be because the individual
sought to obtain, exercise, defend, or promote freedom of the
press, freedom of religion, or the right to peacefully
assemble;
(5) the individual is being detained in violation of the
laws of the detaining country;
(6) independent nongovernmental organizations or
journalists have raised legitimate questions about the
innocence of the detained individual;
(7) the United States mission in the country where the
individual is being detained has received credible reports
that the detention is a pretext for an illegitimate purpose;
(8) the individual is detained in a country where the
Department of State has determined in its annual human rights
reports that the judicial system is not independent or
impartial, is susceptible to corruption, or is incapable of
rendering just verdicts;
(9) the individual is being detained in inhumane
conditions;
(10) due process of law has been sufficiently impaired so
as to render the detention arbitrary; and
(11) United States diplomatic engagement is likely
necessary to secure the release of the detained individual.
(b) Referrals to the Special Envoy.--Upon a determination
by the Secretary of State, based on the totality of the
circumstances, that there is credible information that the
detention of a United States national abroad is unlawful or
wrongful, and regardless of whether the detention is by a
foreign government or a nongovernmental actor, the Secretary
shall transfer responsibility for such case from the Bureau
of Consular Affairs of the Department of State to the Special
Envoy for Hostage Affairs created pursuant to section 1283.
(c) Report.--
(1) Annual report.--
(A) In general.--The Secretary of State shall submit to the
appropriate congressional committees an annual report with
respect to United States nationals for whom the Secretary
determines there is credible information of unlawful or
wrongful detention abroad.
(B) Form.--The report required under this paragraph shall
be submitted in unclassified form, but may include a
classified annex if necessary.
(2) Composition.--The report required under paragraph (1)
shall include current estimates of the number of individuals
so detained, as well as relevant information about particular
cases, such as--
(A) the name of the individual, unless the provision of
such information is inconsistent with section 552a of title
5, United States Code (commonly known as the ``Privacy Act of
1974'');
(B) basic facts about the case;
(C) a summary of the information that such individual may
be detained unlawfully or wrongfully;
(D) a description of specific efforts, legal and
diplomatic, taken on behalf of the individual since the last
reporting period, including a description of accomplishments
and setbacks; and
(E) a description of intended next steps.
(d) Resource Guidance.--
(1) Establishment.--Not later than 180 days after the date
of the enactment of this Act and after consulting with
relevant organizations that advocate on behalf of United
States nationals detained abroad and the Family Engagement
Coordinator established pursuant to section 1284(c)(2), the
Secretary of State shall provide resource guidance in writing
for government officials and families of unjustly or
wrongfully detained individuals.
(2) Content.--The resource guidance required under
paragraph (1) should include--
(A) information to help families understand United States
policy concerning the release of United States nationals
unlawfully or wrongfully held abroad;
(B) contact information for officials in the Department of
State or other government agencies suited to answer family
questions;
(C) relevant information about options available to help
families obtain the release of unjustly or wrongfully
detained individuals, such as guidance on how families may
engage with United States diplomatic and consular channels to
ensure prompt and regular access for the detained individual
to legal counsel, family members, humane treatment, and other
services;
[[Page H3462]]
(D) guidance on submitting public or private letters from
members of Congress or other individuals who may be
influential in securing the release of an individual; and
(E) appropriate points of contacts, such as legal resources
and counseling services, who have a record of assisting
victims' families.
SEC. 1283. SPECIAL ENVOY FOR HOSTAGE AFFAIRS.
(a) Establishment.--There is within the office of the
Secretary of State a Special Presidential Envoy for Hostage
Affairs.
(b) Responsibilities.--The Special Presidential Envoy for
Hostage Affairs, under the supervision of the Secretary of
State, shall--
(1) lead diplomatic engagement on United States hostage
policy;
(2) coordinate all diplomatic engagements in support of
hostage recovery efforts, in coordination with the Hostage
Recovery Fusion Cell and consistent with policy guidance
communicated through the Hostage Response Group;
(3) coordinate with the Hostage Recovery Fusion Cell
proposals for diplomatic engagements and strategy in support
of hostage recovery efforts;
(4) provide senior representation from the Special Envoy's
office to the Hostage Recovery Fusion Cell established under
section 1284 and the Hostage Response Group established under
section 1285; and
(5) in coordination with the Hostage Recovery Fusion Cell
as appropriate, coordinate diplomatic engagements regarding
cases in which a foreign government confirms that it has
detained a United States national but the United States
Government regards such detention as unlawful or wrongful.
SEC. 1284. HOSTAGE RECOVERY FUSION CELL.
(a) Establishment.--The President shall establish an
interagency Hostage Recovery Fusion Cell.
(b) Participation.--The President shall direct the heads of
each of the following executive departments, agencies, and
offices to make available personnel to participate in the
Hostage Recovery Fusion Cell:
(1) The Department of State.
(2) The Department of the Treasury.
(3) The Department of Defense.
(4) The Department of Justice.
(5) The Office of the Director of National Intelligence.
(6) The Federal Bureau of Investigation.
(7) The Central Intelligence Agency.
(8) Other agencies as the President, from time to time, may
designate.
(c) Personnel.--The Hostage Recovery Fusion Cell shall
include--
(1) a Director, who shall be a full-time senior officer or
employee of the United States Government;
(2) a Family Engagement Coordinator who shall--
(A) work to ensure that all interactions by executive
branch officials with a hostage's family occur in a
coordinated fashion and that the family receives consistent
and accurate information from the United States Government;
and
(B) if directed, perform the same function as set out in
subparagraph (A) with regard to the family of a United States
national who is unlawfully or wrongfully detained abroad; and
(3) other officers and employees as deemed appropriate by
the President.
(d) Duties.--The Hostage Recovery Fusion Cell shall--
(1) coordinate efforts by participating agencies to ensure
that all relevant information, expertise, and resources are
brought to bear to secure the safe recovery of United States
nationals held hostage abroad;
(2) if directed, coordinate the United States Government's
response to other hostage-takings occurring abroad in which
the United States has a national interest;
(3) if directed, coordinate or assist the United States
Government's response to help secure the release of United
States nationals unlawfully or wrongfully detained abroad;
and
(4) pursuant to policy guidance coordinated through the
National Security Council--
(A) identify and recommend hostage recovery options and
strategies to the President through the National Security
Council or the Deputies Committee of the National Security
Council;
(B) coordinate efforts by participating agencies to ensure
that information regarding hostage events, including
potential recovery options and engagements with families and
external actors (including foreign governments), is
appropriately shared within the United States Government to
facilitate a coordinated response to a hostage-taking;
(C) assess and track all hostage-takings of United States
nationals abroad and provide regular reports to the President
and Congress on the status of such cases and any measures
being taken toward the hostages' safe recovery;
(D) provide a forum for intelligence sharing and, with the
support of the Director of National Intelligence, coordinate
the declassification of relevant information;
(E) coordinate efforts by participating agencies to provide
appropriate support and assistance to hostages and their
families in a coordinated and consistent manner and to
provide families with timely information regarding
significant events in their cases;
(F) make recommendations to agencies in order to reduce the
likelihood of United States nationals' being taken hostage
abroad and enhance United States Government preparation to
maximize the probability of a favorable outcome following a
hostage-taking; and
(G) coordinate with agencies regarding congressional,
media, and other public inquiries pertaining to hostage
events.
(e) Administration.--The Hostage Recovery Fusion Cell shall
be located within the Federal Bureau of Investigation for
administrative purposes.
SEC. 1285. HOSTAGE RESPONSE GROUP.
(a) Establishment.--The President shall establish a Hostage
Response Group, chaired by a designated member of the
National Security Council or the Deputies Committee of the
National Security Council, to be convened on a regular basis,
to further the safe recovery of United States nationals held
hostage abroad or unlawfully or wrongfully detained abroad,
and to be tasked with coordinating the United States
Government response to other hostage-takings occurring abroad
in which the United States has a national interest.
(b) Membership.--The regular members of the Hostage
Response Group shall include the Director of the Hostage
Recovery Fusion Cell, the Hostage Recovery Fusion Cell's
Family Engagement Coordinator, the Special Envoy appointed
pursuant to section 1283, and representatives from the
Department of the Treasury, the Department of Defense, the
Department of Justice, the Federal Bureau of Investigation,
the Office of the Director of National Intelligence, the
Central Intelligence Agency, and other agencies as the
President, from time to time, may designate.
(c) Duties.--The Hostage Recovery Group shall--
(1) identify and recommend hostage recovery options and
strategies to the President through the National Security
Council;
(2) coordinate the development and implementation of United
States hostage recovery policies, strategies, and procedures;
(3) receive regular updates from the Hostage Recovery
Fusion Cell and the Special Envoy for Hostage Affairs on the
status of United States nationals being held hostage or
unlawfully or wrongfully detained abroad and measures being
taken to effect safe recoveries;
(4) coordinate the provision of policy guidance to the
Hostage Recovery Fusion Cell, including reviewing recovery
options proposed by the Hostage Recovery Fusion Cell and
working to resolve disputes within the Hostage Recovery
Fusion Cell;
(5) as appropriate, direct the use of resources at the
Hostage Recovery Fusion Cell to coordinate or assist in the
safe recovery of United States nationals unlawfully or
wrongfully detained abroad; and
(6) as appropriate, direct the use of resources at the
Hostage Recovery Fusion Cell to coordinate the United States
Government response to other hostage-takings occurring abroad
in which the United States has a national interest.
(d) Meetings.--The Hostage Response Group shall meet
regularly.
(e) Reporting.--The Hostage Response Group shall regularly
provide recommendations on hostage recovery options and
strategies to the National Security Council.
SEC. 1286. AUTHORIZATION OF IMPOSITION OF SANCTIONS.
(a) In General.--The President may impose the sanctions
described in subsection (b) with respect to any foreign
person the President determines, based on credible evidence--
(1) is responsible for or is complicit in, or responsible
for ordering, controlling, or otherwise directing, the
hostage-taking of a United States national abroad or the
unlawful or wrongful detention of a United States national
abroad; or
(2) knowingly provides financial, material, or
technological support for, or goods or services in support
of, an activity described in paragraph (1).
(b) Sanctions Described.--The sanctions described in this
subsection are the following:
(1) Ineligibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--An alien described in
subsection (a) may be--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--
(i) In general.--An alien described in subsection (a) may
be subject to revocation of any visa or other entry
documentation regardless of when the visa or other entry
documentation is or was issued.
(ii) Immediate effect.--A revocation under clause (i) may--
(I) take effect immediately; and
(II) cancel any other valid visa or entry documentation
that is in the alien's possession.
(2) Blocking of property.--
(A) In general.--The President may exercise all of the
powers granted to the President under the International
Emergency Economic Powers Act (50 U.S.C. 1701 et seq.), to
the extent necessary to block and prohibit all transactions
in property and interests in property of a foreign person
described in subsection (a) if such property and interests in
property are in the United States, come within the United
States, or are or come within the possession or control of a
United States person.
(B) Inapplicability of national emergency requirement.--The
requirements of
[[Page H3463]]
section 202 of the International Emergency Economic Powers
Act (50 U.S.C. 1701) shall not apply for purposes of this
section.
(c) Exceptions.--
(1) Exception for intelligence activities.--Sanctions under
this section shall not apply to any activity subject to the
reporting requirements under title V of the National Security
Act of 1947 (50 U.S.C. 3091 et seq.) or any authorized
intelligence activities of the United States.
(2) Exception to comply with international obligations and
for law enforcement activities.--Sanctions under subsection
(b)(1) shall not apply with respect to an alien if admitting
or paroling the alien into the United States is necessary--
(A) to permit the United States to comply with the
Agreement regarding the Headquarters of the United Nations,
signed at Lake Success June 26, 1947, and entered into force
November 21, 1947, between the United Nations and the United
States, or other applicable international obligations; or
(B) to carry out or assist law enforcement activity in the
United States.
(d) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of
subsection (b)(2) or any regulation, license, or order issued
to carry out that subsection shall be subject to the
penalties set forth in subsections (b) and (c) of section 206
of the International Emergency Economic Powers Act (50 U.S.C.
1705) to the same extent as a person that commits an unlawful
act described in subsection (a) of that section.
(e) Termination of Sanctions.--The President may terminate
the application of sanctions under this section with respect
to a person if the President determines that--
(1) information exists that the person did not engage in
the activity for which sanctions were imposed;
(2) the person has been prosecuted appropriately for the
activity for which sanctions were imposed;
(3) the person has credibly demonstrated a significant
change in behavior, has paid an appropriate consequence for
the activity for which sanctions were imposed, and has
credibly committed to not engage in an activity described in
subsection (a) in the future; or
(4) the termination of the sanctions is in the national
security interests of the United States.
(f) Reporting Requirement.--If the President terminates
sanctions pursuant to subsection (d), the President shall
report to the appropriate congressional committees a written
justification for such termination within 15 days.
(g) Implementation of Regulatory Authority.--The President
may exercise all authorities provided under sections 203 and
205 of the International Emergency Economic Powers Act (50
U.S.C. 1702 and 1704) to carry out this section.
(h) Exception Relating to Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions authorized under this section shall not include the
authority or a requirement to impose sanctions on the
importation of goods.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural or manmade substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
(i) Definitions.--In this section:
(1) Foreign person.--The term ``foreign person'' means--
(A) any citizen or national of a foreign country (including
any such individual who is also a citizen or national of the
United States); or
(B) any entity not organized solely under the laws of the
United States or existing solely in the United States.
(2) United states person.--The term ``United States
person'' means--
(A) an individual who is a United States citizen or an
alien lawfully admitted for permanent residence to the United
States;
(B) an entity organized under the laws of the United States
or any jurisdiction within the United States, including a
foreign branch of such an entity; or
(C) any person in the United States.
SEC. 1287. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Relations, the Committee on
Appropriations, the Committee on Banking, Housing, and Urban
Affairs, the Committee on the Judiciary, the Committee on
Armed Services, and the Select Committee on Intelligence of
the United States Senate; and
(B) the Committee on Foreign Affairs, the Committee on
Appropriations, the Committee on Financial Services, the
Committee on the Judiciary, the Committee on Armed Services,
and the Permanent Select Committee on Intelligence of the
House of Representatives.
(2) United states national.--The term ``United States
national'' means--
(A) a United States national as defined in section
101(a)(22) or section 308 of the Immigration and Nationality
Act (8 U.S.C. 1101(a)(22), 8 U.S.C. 1408); and
(B) a lawful permanent resident alien with significant ties
to the United States.
SEC. 1288. RULE OF CONSTRUCTION.
Nothing in this subtitle may be construed to authorize a
private right of action.
Amendment No. 123 Offered by Mr. Engel of New York
Add at the end of title XII the following:
Subtitle H--Matters Relating to the Northern Triangle
SEC. 1281. ACTIONS TO ADVANCE PROSPERITY IN THE NORTHERN
TRIANGLE.
(a) Secretary of State Prioritization.--The Secretary of
State shall prioritize prosperity in the Northern Triangle
countries by carrying out the following initiatives:
(1) Supporting market-based solutions to eliminate
constraints to inclusive economic growth, including through
support for increased digital connectivity and the use of
financial technology, and private sector and civil society-
led efforts to create jobs and foster economic prosperity.
(2) Addressing underlying causes of poverty and inequality,
including by improving nutrition and food security, providing
health resources and access to clean water, sanitation,
hygiene, and shelter, and improving livelihoods.
(3) Responding to immediate humanitarian needs by
increasing humanitarian assistance, including through access
to clean water, sanitation, hygiene, and shelter, improving
livelihoods, and by providing health resources and improving
nutrition and food security.
(4) Supporting conservation and community resilience and
strengthening community preparedness for natural disasters
and other external shocks.
(5) Identifying, as appropriate, a role for the United
States International Development Finance Corporation, the
Millennium Challenge Corporation (MCC), the United States
Agency for International Development, and the United States
private sector in supporting efforts to increase private
sector investment and strengthen economic prosperity.
(6) Expanding comprehensive reintegration mechanisms for
repatriated individuals once returned to their countries of
origin and supporting efforts by the private sector to hire
and train eligible returnees.
(7) Establishing monitoring and verification services to
determine the well-being of repatriated children in order to
determine if United States protection and screening
functioned effectively in identifying persecuted and
trafficked children.
(8) Supporting efforts to increase domestic resource
mobilization, including through strengthening of tax
collection and enforcement and legal arbitration mechanisms.
(b) Strategy.--
(1) Elements.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States
Agency for International Development, the President and Chief
Executive Officer of the Inter-American Foundation, the
Director of the United States Trade and Development Agency,
the Chief Executive Officer of the United States
International Development Finance Corporation, and the heads
of other relevant Federal agencies, shall submit to the
appropriate congressional committees a 5-year strategy to
prioritize prosperity in the Northern Triangle countries by
carrying out the initiatives described in subsection (a).
(2) Consultation.--In developing the strategy required
under paragraph (1), the Secretary of State shall consult
with nongovernmental organizations in the Northern Triangle
countries and the United States.
(3) Benchmarks.--The strategy required under paragraph (1)
shall include annual benchmarks to track the strategy's
progress in curbing irregular migration from the Northern
Triangle to the United States.
(4) Public diplomacy.--The strategy required under
paragraph (1) shall include a public diplomacy strategy for
educating citizens of the Northern Triangle countries about
United States assistance and its benefits to them, and
informing such citizens of the dangers of illegal migration
to the United States.
(5) Annual progress updates.--Not later than 1 year after
the submission of the strategy required under paragraph (1)
and annually thereafter for 4 years, the Secretary of State
shall provide the appropriate congressional committees with a
written description of progress made in meeting the
benchmarks established in the strategy.
(6) Public availability.--The strategy required under
paragraph (1) shall be made publicly available on the website
of the Department of State.
(c) Report on Establishing an Investment Fund for the
Northern Triangle Countries and Southern Mexico.--Not later
than 180 days after the date of the enactment of this Act,
the Chief Executive Officer of the United States
International Development Finance Corporation shall submit to
the appropriate congressional committees a detailed report
assessing the feasibility, costs, and benefits of the
Corporation establishing an investment fund to promote
economic and social development in the Northern Triangle
countries and southern Mexico.
SEC. 1282. ACTIONS TO COMBAT CORRUPTION IN THE NORTHERN
TRIANGLE.
(a) Secretary of State Prioritization.--The Secretary of
State shall prioritize efforts to combat corruption in the
Northern Triangle countries by carrying out the following
initiatives:
(1) Supporting anticorruption efforts, including by
strengthening national justice systems and attorneys general,
providing technical assistance to identify and prosecute
money laundering and other financial
[[Page H3464]]
crimes, breaking up financial holdings of organized criminal
syndicates, including illegally acquired lands and proceeds
from illegal activities, and supporting independent media and
investigative reporting.
(2) Supporting anticorruption efforts through bilateral
assistance and complementary support through multilateral
anticorruption mechanisms when necessary.
(3) Encouraging cooperation agreements between the
Department of State and relevant United States Government
agencies and attorneys general to fight corruption.
(4) Supporting efforts to strengthen special prosecutorial
offices and financial institutions to combat corruption,
money laundering, financial crimes, extortion, human rights
crimes, asset forfeiture, and criminal analysis.
(5) Supporting initiatives to advance judicial integrity
and improve security for members of the judicial sector.
(6) Supporting transparent, merit-based selection processes
for prosecutors and judges and the development of
professional and merit-based civil services.
(7) Supporting the establishment or strengthening of
methods, procedures, and expectations for internal and
external control mechanisms for the security and police
services and judiciary.
(8) Supporting the adoption of appropriate technologies to
combat corruption in public finance.
(b) Strategy.--
(1) Elements.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States
Agency for International Development and the heads of other
relevant Federal agencies, shall submit to the appropriate
congressional committees a 5-year strategy to combat
corruption in the Northern Triangle countries by carrying out
the initiatives described in subsection (a).
(2) Consultation.--In developing the strategy required
under paragraph (1), the Secretary of State shall consult
with nongovernmental organizations in the Northern Triangle
countries and the United States.
(3) Benchmarks.--The strategy required under paragraph (1)
shall include annual benchmarks to track the strategy's
progress in curbing irregular migration from the Northern
Triangle to the United States.
(4) Public diplomacy.--The strategy required under
paragraph (1) shall include a public diplomacy strategy for
educating citizens of the Northern Triangle countries about
United States assistance and its benefits to them, and
informing such citizens of the dangers of illegal migration
to the United States.
(5) Annual progress updates.--Not later than 1 year after
the submission of the strategy required under paragraph (1)
and annually thereafter for 4 years, the Secretary of State
shall provide the appropriate congressional committees with a
written description of progress made in meeting the
benchmarks established in the strategy.
(6) Public availability.--The strategy required under
paragraph (1) shall be made publicly available on the website
of the Department of State.
(c) Designation of a Senior Rule of Law Advisor for the
Northern Triangle in the Bureau of Western Hemisphere
Affairs.--The Secretary of State shall designate in the
Bureau of Western Hemisphere Affairs of the Department of
State a Senior Rule of Law Advisor for the Northern Triangle
who shall lead diplomatic engagement with the Northern
Triangle countries in support of democratic governance,
anticorruption efforts, and the rule of law in all aspects of
United States policy towards the countries of the Northern
Triangle, including carrying out the initiatives described in
subsection (a) and developing the strategy required under
subsection (b). The individual designated in accordance with
this subsection shall be a Department of State employee in
the Bureau of Western Hemisphere Affairs.
SEC. 1283. ACTIONS TO STRENGTHEN DEMOCRATIC INSTITUTIONS IN
THE NORTHERN TRIANGLE.
(a) Secretary of State Prioritization.--The Secretary of
State shall prioritize strengthening democratic institutions,
good governance, human rights, and the rule of law in the
Northern Triangle countries by carrying out the following
initiatives:
(1) Providing support to strengthen government institutions
and actors at the local and national levels to provide
services and respond to citizen needs through transparent,
inclusive, and democratic processes.
(2) Supporting efforts to strengthen access to information
laws and reform laws that currently limit access to
information.
(3) Financing efforts to build the capacity of independent
media with a specific focus on professional investigative
journalism.
(4) Ensuring that threats and attacks on journalists and
human rights defenders are fully investigated and
perpetrators are held accountable.
(5) Developing the capacity of civil society to conduct
oversight and accountability mechanisms at the national and
local levels.
(6) Training political actors committed to democratic
principles.
(7) Strengthening electoral institutions and processes to
ensure free, fair, and transparent elections.
(8) Advancing conservation principles and the rule of law
to address multiple factors, including the impacts of illegal
cattle ranching and smuggling as drivers of deforestation.
(b) Strategy.--
(1) Elements.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States
Agency for International Development and the heads of other
relevant Federal agencies, shall submit to the appropriate
congressional committees a strategy to support democratic
governance in the Northern Triangle countries by carrying out
the initiatives described in subsection (a).
(2) Consultation.--In developing the strategy required
under paragraph (1), the Secretary of State shall consult
with nongovernmental organizations in the Northern Triangle
countries and the United States.
(3) Benchmarks.--The strategy required under paragraph (1)
shall include annual benchmarks to track the strategy's
progress in curbing irregular migration from the Northern
Triangle to the United States.
(4) Public diplomacy.--The strategy required under
paragraph (1) shall include a public diplomacy strategy for
educating citizens of the Northern Triangle countries about
United States assistance and its benefits to them, and
informing such citizens of the dangers of illegal migration
to the United States.
(5) Annual progress updates.--Not later than 1 year after
the submission of the strategy required under paragraph (1)
and annually thereafter for 4 years, the Secretary of State
shall provide the appropriate congressional committees with a
written description of progress made in meeting the
benchmarks established in the strategy.
(6) Public availability.--The strategy required under
paragraph (1) shall be made publicly available on the website
of the Department of State.
SEC. 1284. ACTIONS TO IMPROVE SECURITY CONDITIONS IN THE
NORTHERN TRIANGLE.
(a) Secretary of State Prioritization.--The Secretary of
State shall prioritize security in the Northern Triangle
countries by carrying out the following initiatives:
(1) Implementing the Central America Regional Security
Initiative of the Department of State.
(2) Continuing the vetting and professionalization of
security services, including the civilian police and military
units.
(3) Supporting efforts to combat the illicit activities of
criminal gangs and transnational criminal organizations,
including MS-13 and the 18th Street Gang, through support to
fully vetted elements of attorneys general offices,
appropriate government institutions, and security services.
(4) Supporting training for fully vetted civilian police
and appropriate security services in criminal investigations,
best practices for citizen security, and human rights.
(5) Providing capacity-building to relevant security
services and attorneys general to support counternarcotics
efforts and combat human trafficking, forcible recruitment of
children and youth by gangs, gender-based violence, and other
illicit activities, including trafficking of wildlife, and
natural resources.
(6) Encouraging collaboration with regional and
international partners in implementing security assistance,
including by supporting cross-border information sharing on
gangs and transnational criminal organizations.
(7) Providing equipment, technology, tools, and training to
security services to assist in border and port inspections.
(8) Providing equipment, technology, tools, and training to
assist security services in counternarcotics and other
efforts to combat illicit activities.
(9) Continuing information sharing regarding known or
suspected terrorists and other individuals and entities that
pose a potential threat to United States national security
that are crossing through or residing in the Northern
Triangle.
(10) Supporting information sharing on gangs and
transnational criminal organizations between relevant
Federal, State, and local law enforcement and the governments
of the Northern Triangle countries.
(11) Considering the use of assets and resources of United
States State and local government entities, as appropriate,
to support the activities described in this subsection.
(12) Providing thorough end-use monitoring of equipment,
technology, tools, and training provided pursuant to this
subsection.
(b) Strategy.--
(1) Elements.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States
Agency for International Development and the heads of other
relevant Federal agencies, shall submit to the appropriate
congressional committees a 5-year strategy to prioritize the
improvement of security in the Northern Triangle countries by
carrying out the initiatives described in subsection (a).
(2) Consultation.--In developing the strategy required
under paragraph (1), the Secretary of State shall consult
with nongovernmental organizations in the Northern Triangle
countries and the United States.
(3) Benchmarks.--The strategy required under paragraph (1)
shall include annual benchmarks to track the strategy's
progress in curbing irregular migration from the Northern
Triangle to the United States.
[[Page H3465]]
(4) Public diplomacy.--The strategy required under
paragraph (1) shall include a public diplomacy strategy for
educating citizens of the Northern Triangle countries about
United States assistance and its benefits to them, and
informing such citizens of the dangers of illegal migration
to the United States.
(5) Annual progress updates.--Not later than 1 year after
the submission of the strategy required under paragraph (1)
and annually thereafter for 4 years, the Secretary of State
shall provide the appropriate congressional committees with a
written description of progress made in meeting the
benchmarks established in the strategy.
(6) Public availability.--The strategy required under
paragraph (1) shall be made publicly available on the website
of the Department of State.
(c) Women and Children Protection Compacts.--
(1) In general.--The President, in consultation with the
Secretary of State, the Administrator of the United States
Agency for International Development, and the heads of other
relevant Federal departments or agencies, is authorized to
enter into bilateral agreements with one or more of the
Governments of El Salvador, Guatemala, or Honduras to provide
United States assistance for the purposes of--
(A) strengthening the capacity of the justice systems in
such countries to protect women and children fleeing
domestic, gang, or drug violence and to serve victims of
domestic violence, sexual assault, trafficking, or child
abuse or neglect, including by strengthening the capacity of
such systems to hold perpetrators accountable; and
(B) creating, securing, and sustaining safe communities and
schools in such countries, by building on current approaches
to prevent and deter violence against women and children in
such communities or schools.
(2) Requirements.--An agreement under the authority
provided by paragraph (1)--
(A) shall establish a 3- to 6-year plan to achieve the
objectives described in subparagraphs (A) and (B) of such
paragraph;
(B) shall include measurable goals and indicators with
respect to such objectives;
(C) may not provide for any United States assistance to be
made available directly to any of the governments of El
Salvador, Guatemala, or Honduras; and
(D) may be suspended or terminated with respect to a
country or an entity receiving assistance pursuant to the
agreement, if the Secretary of State determines that such
country or entity has failed to make sufficient progress
towards the goals of the Compact.
SEC. 1285. TARGETED SANCTIONS TO FIGHT CORRUPTION IN THE
NORTHERN TRIANGLE.
(a) Sense of Congress.--It is the sense of Congress that--
(1) corruption in the Northern Triangle countries by
private citizens and select officials in local, regional, and
Federal governments significantly damages the economies of
such countries and deprives citizens of opportunities;
(2) corruption in the Northern Triangle is facilitated and
carried out not only by private citizens and select officials
from those countries but also in many instances by
individuals from third countries; and
(3) imposing targeted sanctions on individuals from
throughout the world and particularly in the Western
Hemisphere who are engaged in acts of significant corruption
that impact the Northern Triangle countries or obstruction of
investigations into such acts of corruption will benefit the
citizens and governments of such countries.
(b) Imposition of Sanctions.--The President shall impose
the sanctions described in subsection (c) with respect to a
foreign person who the President determines on or after the
date of the enactment of this Act to have knowingly engaged
in significant corruption or obstruction of investigations
into such acts of corruption in a Northern Triangle country,
including the following:
(1) Corruption related to government contracts.
(2) Bribery and extortion.
(3) The facilitation or transfer of the proceeds of
corruption, including through money laundering.
(4) Acts of violence, harassment, or intimidation directed
at governmental and non-governmental corruption
investigators.
(c) Sanctions Described.--
(1) In general.--The sanctions described in this subsection
are the following:
(A) Asset blocking.--The blocking, in accordance with the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.), of all transactions in all property and interests
in property of a foreign person if such property and
interests in property are in the United States, come within
the United States, or are or come within the possession or
control of a United States person.
(B) Ineligibility for visas and admission to the united
states.--In the case of a foreign person who is an
individual, such foreign person is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(C) Current visas revoked.--
(i) In general.--The issuing consular officer or the
Secretary of State, (or a designee of the Secretary of State)
shall, in accordance with section 221(i) of the Immigration
and Nationality Act (8 U.S.C. 1201(i)), revoke any visa or
other entry documentation issued to a foreign person
regardless of when the visa or other entry documentation is
issued.
(ii) Effect of revocation.--A revocation under clause (i)
shall--
(I) take effect immediately; and
(II) automatically cancel any other valid visa or entry
documentation that is in the foreign person's possession.
(2) Penalties.--A person that violates, attempts to
violate, conspires to violate, or causes a violation of a
measure imposed pursuant to paragraph (1)(A) or any
regulation, license, or order issued to carry out such
paragraph shall be subject to the penalties specified in
subsections (b) and (c) of section 206 of the International
Emergency Economic Powers Act (50 U.S.C. 1705) to the same
extent as a person that commits an unlawful act described in
subsection (a) of such section.
(3) Exception to comply with international obligations.--
Sanctions under subparagraph (B) and (C) of paragraph (1)
shall not apply with respect to a foreign person if admitting
or paroling such person into the United States is necessary
to permit the United States to comply with the Agreement
regarding the Headquarters of the United Nations, signed at
Lake Success June 26, 1947, and entered into force November
21, 1947, between the United Nations and the United States,
or other applicable international obligations.
(d) Implementation; Regulatory Authority.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section.
(2) Regulatory authority.--The President shall issue such
regulations, licenses, and orders as are necessary to carry
out this section.
(e) National Interest Waiver.--The President may waive the
application of the sanctions under subsection (c) if the
President--
(1) determines that such a waiver is in the national
interest of the United States; and
(2) submits to the appropriate congressional committees a
notice of and justification for the waiver.
(f) Termination.--The authority to impose sanctions under
subsection (b), and any sanctions imposed pursuant to such
authority, shall expire on the date that is 3 years after the
date of the enactment of this Act.
(g) Exception Relating to Importation of Goods.--The
authorities and requirements to impose sanctions authorized
under this Act shall not include the authority or requirement
to impose sanctions on the importation of goods.
(h) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee on the
Judiciary, and the Committee on Financial Services of the
House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on
the Judiciary, and the Committee on Banking, Housing, and
Urban Affairs of the Senate.
(2) Good.--The term ``good'' means any article, natural or
man-made substance, material, supply or manufactured product,
including inspection and test equipment, and excluding
technical data.
(3) Person from a northern triangle country.--The term
``person from a Northern Triangle country'' means--
(A) a citizen of a Northern Triangle country; or
(B) an entity organized under the laws of a Northern
Triangle country or any jurisdiction within a Northern
Triangle country.
SEC. 1286. DEFINITIONS.
In this subtitle:
(1) Appropriate congressional committees.--Except as
otherwise provided, the term ``appropriate congressional
committees'' means--
(A) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
(2) Northern triangle.--The term ``Northern Triangle''
means the region of Central America that encompasses the
countries of El Salvador, Guatemala, and Honduras.
(3) Northern triangle countries.--The term ``Northern
Triangle countries'' means the countries of El Salvador,
Guatemala, and Honduras.
(4) Transnational criminal organization.--The term
``transnational criminal organization'' has the meaning given
the term ``significant transnational criminal organization''
in Executive Order No. 13581 (July 24, 2011).
Amendment No. 124 Offered by Mr. Engel of New York
At the end of title XII, insert the following:
Subtitle __.--Additional Matters Relating to NATO Allies and Partners
SEC. 12__. FOREIGN MILITARY LOAN AUTHORITY.
(a) In General.--Beginning in fiscal year 2021, subject to
the notification requirements
[[Page H3466]]
under subsection (b) and to the availability of
appropriations, the President, acting through the Secretary
of State, is authorized--
(1) to make direct loans under section 23 of the Arms
Export Control Act (22 U.S.C. 2763) to NATO member countries
that joined the alliance after March 1, 1999, notwithstanding
the minimum interest rate required by subsection (c)(1) of
such section; and
(2) to charge fees for such loans under paragraph (1),
which shall be collected from borrowers in accordance with
section 502(7) of the Congressional Budget Act of 1974 and
which may be used to cover the costs of such loans as defined
in section 502 of the Congressional Budget Act of 1974.
(b) Notification.--A loan may not be made under the
authority provided by subsection (a) unless the Secretary of
State submits to the appropriate congressional committees a
certification, not fewer than 15 days before entering into an
agreement to make such loan, that--
(1) the recipient country is making demonstrable progress
toward meeting its defense spending commitments in accordance
with the 2014 NATO Wales Summit Declaration; and
(2) the government of such recipient country is respecting
that country's constitution and upholds democratic values
such as freedom of religion, freedom of speech, freedom of
the press, the rule of law, and the rights of religious
minorities.
(c) Repayment.--A loan made under the authority provided by
subsection (a) shall be repaid in not more than 12 years, but
may include a grace period of up to 1 year on the repayment
of the principal.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
SEC. 12__. AUTHORIZATION OF REWARDS FOR PROVIDING INFORMATION
ON FOREIGN ELECTION INTERFERENCE.
Section 36 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2708) is amended--
(1) in subsection (a)(2), by inserting ``foreign election
interference,'' before ``transnational organized crime'';
(2) in subsection (b)--
(A) in paragraph (5), by striking ``or (10)'' and inserting
``(10), or (13)'';
(B) in paragraph (11), by striking ``or'' after the
semicolon at the end;
(C) in paragraph (12)--
(i) by striking ``sections'' and inserting ``section'';
(ii) by striking ``or (b)(1)'' and inserting ``or
2914(b)(1)''; and
(iii) by striking the period at the end and inserting ``;
or''; and
(D) by adding at the end the following new paragraph:
``(13) the identification or location of a foreign person
that knowingly engaged or is engaging in foreign election
interference.''; and
(3) in subsection (k)--
(A) by redesignating paragraphs (3) through (8) as
paragraphs (5) through (10), respectively;
(B) by inserting after paragraph (2) the following new
paragraphs:
``(3) Foreign person.--The term `foreign person' means--
``(A) an individual who is not a United States person; or
``(B) a foreign entity.
``(4) Foreign election interference.--The term `foreign
election interference' means conduct by a foreign person
that--
``(A)(i) violates Federal criminal, voting rights, or
campaign finance law; or
``(ii) is performed by any person acting as an agent of or
on behalf of a foreign government or criminal enterprise; and
``(B) includes any covert, fraudulent, deceptive, or
unlawful act or attempted act, or knowing use of information
acquired by theft, undertaken with the purpose or effect of
undermining public confidence in election processes or
institutions, or influencing, undermining confidence in, or
altering the result or reported result of, a general or
primary Federal, State, or local election or caucus,
including--
``(i) the campaign of a candidate; or
``(ii) a ballot measure, including an amendment, a bond
issue, an initiative, a recall, a referral, or a
referendum.''; and
(C) in paragraph (10), as so redesignated, in subparagraph
(A), by striking ``and'' after the semicolon and inserting
``or''.
SEC. 12__. REPORT ON NATO MEMBER CONTRIBUTIONS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States
Agency for International Development, the Secretary of
Defense, and the Director of National Intelligence, shall
submit to the appropriate congressional committees a report,
in classified form but with an unclassified annex, that
provides an accounting in United States dollars and assesses
the contributions of NATO member countries to the security of
the alliance.
(b) Matters To Be Included.-- The report required by
subsection (a) shall also include the following with respect
to each member country:
(1) Data for the following categories from 2014 through
2019:
(A) Defense spending as a percentage of gross domestic
product (GDP).
(B) Year-to-year percent change in defense spending as a
percentage of GDP.
(C) Percentage of defense spending spent on major
equipment.
(D) Year-to-year percent change in equipment spending as a
percentage of defense spending.
(E) Total security assistance or equivalent assistance to
other NATO member countries or members of the NATO
Partnership for Peace program.
(F) Total economic and development assistance or equivalent
assistance to critical NATO partners, such as Ukraine,
Georgia, Bosnia and Herzegovina, Kosovo, Moldova, and others.
(2) Participation in or contributions to United States or
NATO-led missions, exercises, and combat and non-combat
operations since March 24, 1999, such as the following:
(A) NATO's Enhanced Forward Presence.
(B) Global Coalition Against ISIS.
(C) NATO's Very High Readiness Joint Task Force.
(D) Operations in Afghanistan.
(3) Efforts to improve domestic conditions to facilitate
military mobility in Europe, including relevant
infrastructure and legal and regulatory conditions.
(4) Financial costs and benefits of the host countries of
United States forces in Europe, including permanent basing.
(c) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
SEC. 12__. REPORT ON CAPABILITY AND CAPACITY REQUIREMENTS OF
MILITARY FORCES OF UKRAINE AND RESOURCE PLAN
FOR SECURITY ASSISTANCE.
(a) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary of Defense and the
Secretary of State shall jointly submit a report to the
appropriate committees of Congress on the capability and
capacity requirements of the military forces of the
Government of Ukraine, which shall include the following:
(1) An identification of the capability gaps and capacity
shortfalls of the military of Ukraine, including--
(A) an assessment of the requirements of the Ukrainian navy
to accomplish its assigned missions; and
(B) an assessment of the requirements of the Ukrainian air
force to accomplish its assigned missions.
(2) An assessment of the relative priority assigned by the
Government of Ukraine to addressing such capability gaps and
capacity shortfalls.
(3) An assessment of the capability gaps and capacity
shortfalls that--
(A) could be addressed in a sufficient and timely manner by
unilateral efforts of the Government of Ukraine; or
(B) are unlikely to be addressed in a sufficient and timely
manner solely through unilateral efforts.
(4) An assessment of the capability gaps and capacity
shortfalls described in paragraph (3)(B) that could be
addressed in a sufficient and timely manner by--
(A) the Ukraine Security Assistance Initiative of the
Department of Defense;
(B) Department of Defense security assistance authorized by
section 333 of title 10, United States Code;
(C) the Foreign Military Financing and Foreign Military
Sales programs of the Department of State; or
(D) the provision of excess defense articles pursuant to
the requirements of the Arms Export Control Act (22 U.S.C.
2751 et seq.).
(5) An assessment of the human resource requirements of the
Office of Defense Cooperation at the United States Embassy in
Kyiv and any gaps in its capacity to transmit and facilitate
security assistance to Ukraine.
(6) Any recommendations the Secretaries deem appropriate
concerning coordination of security assistance efforts of the
Department of Defense and Department of State with respect to
Ukraine.
(b) Resource Plan.--Not later than February 15, 2022, the
Secretary of State and Secretary of Defense shall jointly
submit a report on resourcing United States security
assistance with respect to Ukraine, which shall include the
following:
(1) A plan to resource the following initiatives and
programs with respect to Ukraine in fiscal year 2023 and the
four succeeding fiscal years to meet the most critical
capability gaps and capacity shortfalls of the military
forces of Ukraine:
(A) The Ukraine Security Assistance Initiative of the
Department of Defense.
(B) Department of Defense security assistance authorized by
section 333 of title 10, United States Code.
(C) The Foreign Military Financing and Foreign Military
Sales programs of the Department of State.
(D) The provision of excess defense articles pursuant to
the requirements of the Arms Export Control Act (22 U.S.C.
2751 et seq.).
(2) With respect to the Ukrainian navy:
(A) A capability development plan, with milestones,
describing the manner in which
[[Page H3467]]
the United States will assist the Government of Ukraine in
meeting the requirements described in subsection (a)(1)(A).
(B) A plan for United States cooperation with third
countries and international organizations that have the
resources and ability to provide immediate assistance to the
Ukrainian navy, while maintaining interoperability with
United States platforms to the greatest extent feasible.
(C) A plan to prioritize Excess Defense Articles for the
Ukrainian navy to the maximum extent practicable during the
time period described in paragraph (1).
(D) An assessment of how United States security assistance
to the Ukrainian navy is in the national security interests
of the United States.
(3) With respect to the Ukrainian air force--
(A) a capability development plan, with milestones,
detailing how the United States will assist the Government of
Ukraine in meeting the requirements described in subsection
(a)(1)(B);
(B) a plan for United States cooperation with third
countries and international organizations that have the
resources and ability to provide immediate assistance to the
Ukrainian air force, while maintaining interoperability with
United States platforms to the greatest extent feasible;
(C) a plan to prioritize excess defense articles for the
Ukraine air force to the maximum extent practicable during
the time period described in paragraph (1);
(D) an assessment of how United States security assistance
to the Ukrainian air force is in the national security
interests of the United States.
(4) An assessment of progress on defense institutional
reforms in Ukraine, including in the Ukrainian navy and air
force, in the time period described in paragraph (1) that
will be essential for--
(A) enabling effective use and sustainment of capabilities
developed under security assistance authorities described in
this section;
(B) enhancing the defense of Ukraine's sovereignty and
territorial integrity;
(C) achieving the Government of Ukraine's stated goal of
meeting NATO standards; and
(D) allowing Ukraine to achieve its full potential as a
strategic partner of the United States.
(c) Form.--The report required under subsection (a) and the
resource plan required under subsection (b) shall each be
submitted in a classified form with an unclassified summary.
(d) Appropriate Committees of Congress Defined.--In this
section, the term ``appropriate committees of Congress''
means--
(1) the Armed Services Committees of the Senate and House
of Representatives;
(2) the Foreign Relations Committee of the Senate and the
Foreign Affairs Committee of the House of Representatives;
and
(3) the Appropriations Committees of the Senate and House
of Representatives.
SEC. 12__. EFFORTS TO COUNTER MALIGN AUTHORITARIAN INFLUENCE.
(a) Sense of Congress on the Relationship Between Russia
and Serbia.--It is the sense of Congress that--
(1) the Government of Russia seeks to undermine the
security of the United States, its NATO allies, and other
close partners in Europe;
(2) the Government of Russia seeks to undermine the
legitimate interests of the United States, NATO, the European
Union, and other allied and partner governments in
strategically significant regions;
(3) the values of the Government of Russia are inconsistent
with the values of freedom, democracy, free speech, free
press, the respect for the rule of law, and other ideals that
underpin the international rules-based order formed on the
basis of Western institutions including NATO and the European
Union;
(4) the Government of Russia continues its campaign to
undermine and erode the values of NATO and the European
Union, institutions that Serbia claims to strive to join;
(5) the Government of Serbia, particularly under the
leadership of President Alexander Vucic, has acted in ways
that do not comport with the values of the United States,
NATO, the European Union, and member countries of each such
organization;
(6) the Government of Serbia, particularly under the
leadership of President Alexander Vucic, has continued to
deepen its military ties and cooperation with the Government
of Russia;
(7) the United States Government should, in its bilateral
engagements with the Government of Serbia, stress the
importance of Serbia reducing its military ties with Russia;
and
(8) the Government of Serbia should be sanctioned under
appropriate authorities of the Countering America's
Adversaries Through Sanctions Act of 2017 if its deepened
military ties have facilitated transactions between the
Government of Serbia and the Government of Russia that are
deemed ``significant'' for purposes of such Act.
(b) Report on Malign Russian and Chinese Influence in
Serbia.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State, in
consultation with the Secretary of Defense and the
Administrator of the United States Agency for International
Development, shall submit to the appropriate congressional
committees an unclassified report, which may contain a
classified annex, assessing trends of malign influence from
the governments of Russia and China in Serbia including with
respect to the following:
(1) Corruption of political institutions and political
leaders in Serbia by Russia or China.
(2) The use of propaganda, disinformation, and other
information tools to promote stronger ties between Serbia and
Russia or China or to discourage Serbia from advancing toward
greater integration with Western institutions like the
European Union.
(3) The use of foreign assistance and associated media
messaging to influence public opinion in Serbia with respect
to Russia or China.
(4) The deepening of military-to-military cooperation or
cooperation in other national security and law enforcement
sectors between Serbia and Russia or China.
(5) The expansion of economic ties between Serbia and
Russia or China, especially in the energy, mining, and
industrial sectors.
(6) The use of religious or ethnic ties to deepen relations
between Serbia and Russia.
(c) Report on Potential CAATSA Violations.--Not later than
60 days after the date of the enactment of this Act, the
Secretary of State shall submit to the appropriate
congressional committees an unclassified report, which may
contain a classified annex, that lists each country that has
taken delivery of military equipment manufactured in Russia
since the enactment of the Countering America's Adversaries
Through Sanctions Act of 2017, and determines whether any
transactions described in the report constitute a significant
transaction as described in such Act, including countries
that have--
(1) purchased of Russian equipment from the Government of
Russia;
(2) obtained Russian equipment provided by the Government
of Russia as aid, assistance, or for related purposes; or
(3) obtained Russian equipment provided by the Government
of Russia as a gift.
(d) Appropriate Congressional Committees Defined.--In this
section, the term ``appropriate congressional committees''
means--
(1) the Committee on Foreign Affairs and the Committee on
Armed Services of the House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Armed Services of the Senate.
Amendment No. 125 Offered by Mr. Engel of New York
Page 699, line 11, strike ``and''.
Page 699, line 13, insert ``and'' after the semicolon at
the end.
Page 699, after line 13, insert the following:
(C) in paragraph (2), by adding at the end the following
new subparagraphs:
``(G) A description of the entities with which the
recipients of support are engaged in hostilities and whether
each such entity is covered under an authorization for use of
military force.
``(H) A description of the steps taken to ensure the
support is consistent with other United States diplomatic and
security objectives, including issues related to local
political dynamics, civil-military relations, and human
rights.
``(I) A description of the steps taken to ensure that the
recipients of the support have not engaged in human rights
violations or violations of the Geneva Conventions of 1949,
including vetting, training, and support for adequately
investigating allegations of violations and removing support
in case of credible reports of violations.'';
Page 701, after line 13, insert the following:
(5) by striking subsection (g), as redesignated by
paragraph (3), and inserting the following new subsection
(g):
``(g) Construction of Authority.--Nothing in this section
may be construed to constitute authority to conduct or
provide statutory authorization for any of the following:
``(1) A covert action, as such term is defined in section
503(e) of the National Security Act of 1947 (50 U.S.C.
3093(e)).
``(2) An introduction of the armed forces, (including as
such term is defined in section 8(c) of the War Powers
Resolution (50 U.S.C. 1547(c)), into hostilities, or into
situations where hostilities are clearly indicated by the
circumstances, without specific statutory authorization
within the meaning of section 5(b) of such Resolution (50
U.S.C. 1544(b)).
``(3) The provision of support to regular forces, irregular
forces, groups, or individuals to conduct operations that
United States special operations forces are not otherwise
authorized to conduct.
``(4) Activities or support of activities, directly or
indirectly, that are inconsistent with the laws of armed
conflict.'';
AMENDMENT NO. 126 OFFERED BY MR. ENGEL OF NEW YORK
At the end of title XII, add the following:
Subtitle H--Sudan Democratic Transition, Accountability, and Fiscal
Transparency Act of 2020
SEC. 1281. SHORT TITLE.
This subtitle may be cited as the ``Sudan Democratic
Transition, Accountability, and Fiscal Transparency Act of
2020''.
SEC. 1282. DEFINITIONS.
Except as otherwise provided, in this subtitle:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
[[Page H3468]]
(B) the Committee on Foreign Relations and the Committee on
Appropriations of the Senate.
(2) International financial institutions.--The term
``international financial institutions'' means--
(A) the International Monetary Fund;
(B) the International Bank for Reconstruction and
Development;
(C) the International Development Association;
(D) the International Finance Corporation;
(E) the Inter-American Development Bank;
(F) the Asian Development Bank;
(G) the Inter-American Investment Corporation;
(H) the African Development Bank;
(I) the European Bank for Reconstruction and Development;
(J) the Multilateral Investment Guaranty Agency; and
(K) any multilateral financial institution, established
after the date of enactment of this Act, that could provide
financial assistance to the Government of Sudan.
(3) Sovereignty council.--The term ``Sovereignty Council''
means the governing body of Sudan during the transitional
period that consists of--
(A) five civilians selected by the Forces of Freedom and
Change;
(B) five members selected by the Transitional Military
Council; and
(C) one member selected by agreement between the Forces of
Freedom and Change and the Transitional Military Council.
(4) Sudanese security and intelligence services.--The term
``Sudanese security and intelligence services'' means--
(A) the Sudan Armed Forces;
(B) the Rapid Support Forces,
(C) Sudan's Popular Defense Forces and other paramilitary
units;
(D) Sudan's police forces;
(E) the General Intelligence Service, previously known as
the National Intelligence and Security Services; and
(F) related entities, such as Sudan's Military Industry
Corporation.
(5) Transitional period.--The term ``transitional period''
means the 39-month period beginning on August 17, 2019, the
date of the signing of Sudan's constitutional charter, during
which--
(A) the members of the Sovereignty Council described in
paragraph (3)(B) select a chair of the Council for the first
21 months of the period; and
(B) the members of the Sovereignty Council described in
paragraph (3)(A) select a chair of the Council for the
remaining 18 months of the period.
SEC. 1283. STATEMENT OF POLICY.
It is the policy of the United States to--
(1) support a civilian-led political transition in Sudan
that results in a democratic government, that is accountable
to its people, respects and promotes human rights, is at
peace internally and with its neighbors, and can be a partner
for regional stability;
(2) support the implementation of Sudan's constitutional
charter for the transitional period; and
(3) pursue a strategy of calibrated engagement with Sudan
that includes--
(A) facilitating an environment for free, fair, and
credible democratic elections and a pluralistic and
representative political system;
(B) supporting reforms that improve transparency and
accountability, remove restrictions on civil and political
liberties, and strengthen the protection of human rights,
including religious freedom;
(C) strengthening civilian institutions, judicial
independence, and the rule of law;
(D) empowering civil society and independent media;
(E) promoting national reconciliation and enabling a just,
comprehensive, and sustainable peace;
(F) promoting the role of women in government, the economy,
and society, in recognition of the seminal role that women
played in the social movement that ousted former president
Omar al-Bashir;
(G) promoting accountability for genocide, war crimes,
crimes against humanity, and sexual and gender-based
violence;
(H) encouraging the development of civilian oversight over
and professionalization of the Sudanese security and
intelligence services and strengthening accountability for
human rights violations and abuses, corruption, or other
abuses of power;
(I) promoting economic reform, private sector engagement,
and inclusive economic development while combating corruption
and illicit economic activity, including that which involves
the Sudanese security and intelligence services;
(J) securing unfettered humanitarian access across all
regions of Sudan;
(K) supporting improved development outcomes, domestic
resource mobilization, and catalyzing market-based solutions
to improve access to health, education, water and sanitation,
and livelihoods; and
(L) promoting responsible international and regional
engagement.
SEC. 1284. SUPPORT FOR DEMOCRATIC GOVERNANCE, RULE OF LAW,
HUMAN RIGHTS, AND FUNDAMENTAL FREEDOMS.
(a) Sense of Congress.--It is the sense of Congress that
the political transition in Sudan, following several months
of popular protests against the regime of Omar al-Bashir,
represents an opportunity for the United States to support
democracy, good governance, rule of law, human rights, and
fundamental freedoms in Sudan.
(b) In General.--Notwithstanding any other provision of law
(other than the Trafficking Victims Protection Act of 2000 or
the Child Soldiers Prevention Act of 2008), the President is
authorized to provide assistance under part I and chapter 4
of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq. and 2346 et seq.) to--
(1) provide for democracy and governance programs that
strengthen and build the capacity of representative civilian
government institutions, political parties, and civil society
in Sudan;
(2) support the organization of free, fair, and credible
elections in Sudan;
(3) provide technical support for legal and policy reforms
that improve transparency and accountability and protect
human rights, including religious freedom, and civil
liberties in Sudan;
(4) support for human rights and fundamental freedoms,
including the freedoms of religion or belief; expression,
including for members of the press, assembly; and association
in Sudan;
(5) support measures to improve and increase women's
participation in the political, economic, and social sectors
of Sudan; and
(6) support other related democracy, good governance, rule
of law, and fundamental freedom programs and activities.
(c) Authorization of Appropriations.--Of the funds
authorized to be appropriated to carry out part I and chapter
4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq. and 2346 et seq.) for fiscal years 2021 and
2022, $20,000,000 is authorized to be appropriated for each
such fiscal year to carry out this section.
SEC. 1285. SUPPORT FOR DEVELOPMENT PROGRAMS.
(a) In General.--Notwithstanding any other provision of law
(other than the Trafficking Victims Protection Act of 2000 or
the Child Soldiers Prevention Act of 2008), the President is
authorized to provide assistance under part I and chapter 4
of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq. and 2346 et seq.) for programs in Sudan to--
(1) increase agricultural and livestock productivity;
(2) promote economic growth, increase private sector
productivity and advance market-based solutions to address
development challenges;
(3) support women's economic empowerment and economic
opportunities for youth and previously marginalized
populations;
(4) improve equal access to quality basic education;
(5) support the capacity of universities to equip students
to participate in a pluralistic and global society through
virtual exchange and other programs;
(6) improve access to water, sanitation, and hygiene
projects;
(7) build the capacity of national and subnational
government officials to support the transparent management of
public resources, promote good governance through combating
corruption and improving accountability, increase economic
productivity, and increase domestic resource mobilization;
and
(8) support other related economic assistance programs and
activities.
(b) Authorization of Appropriations.--Of the funds
authorized to be appropriated to carry out part I and chapter
4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq. and 2346 et seq.) for fiscal years 2021 and
2022, $80,000,000 is authorized to be appropriated, for each
such fiscal year to carry out this section.
SEC. 1286. SUPPORT FOR CONFLICT MITIGATION.
(a) In General.--Notwithstanding any other provision of law
(other than the Trafficking Victims Protection Act of 2000 or
the Child Soldiers Prevention Act of 2008), the President is
authorized to provide assistance under part I and chapters 4,
5, and 6 of part II of the Foreign Assistance Act of 1961 (22
U.S.C. 2151 et seq., 2346 et seq., and 2348 et seq.) to--
(1) support long-term peace and stability in Sudan by
promoting national reconciliation and enabling a just,
comprehensive, and sustainable peace, especially in regions
that have been underdeveloped or affected by war, such as the
states of Darfur, South Kordofan, Blue Nile, Red Sea, and
Kassala;
(2) support civil society and other organizations working
to address conflict prevention, mitigation, and resolution
mechanisms and people-to-people reconciliation in Sudan,
especially those addressing issues of marginalization and
vulnerable groups, equal protection under the law, natural
resource management, compensation and restoration of
property, voluntary return, and sustainable solutions for
displaced persons and refugees;
(3) strengthen civilian oversight of the Sudanese security
and intelligence services and ensure that such services are
not contributing to the perpetuation of conflict in Sudan and
to the limitation of the civil liberties of all people in
Sudan;
(4) assist in the human rights vetting and professional
training of security force personnel due to be employed or
deployed by the Sudanese security and intelligence services
in regions that have been underdeveloped or affected by war,
such as the states of Darfur, South Kordofan, Blue Nile, Red
Sea, and Kassala, including members of any security forces
being established pursuant to a peace agreement relating to
such regions;
[[Page H3469]]
(5) support provisions of the Comprehensive Peace Agreement
of 2005 and Abyei protocol, as appropriate, unless otherwise
superseded by a new agreement signed in good faith--
(A) between stakeholders in this region and the Governments
of Sudan and South Sudan to hold a free, fair, and credible
referendum on the status of Abyei; and
(B) between stakeholders in this region and the Government
of Sudan to support popular consultations on the status of
the states of South Kordofan and Blue Nile; and
(6) support other related conflict mitigation programs and
activities.
(b) Authorization of Appropriations.--Of the funds
authorized to be appropriated to carry out part I and
chapters 4 and 6 of part II of the Foreign Assistance Act of
1961 (22 U.S.C. 2151 et seq., 2346 et seq., and 2348 et seq.)
for fiscal years 2021 and 2022, $20,000,000 is authorized to
be appropriated for each such fiscal year to carry out this
section.
SEC. 1287. SUPPORT FOR ACCOUNTABILITY FOR WAR CRIMES, CRIMES
AGAINST HUMANITY, AND GENOCIDE IN SUDAN.
(a) Sense of Congress.--It is the sense of Congress that
the Secretary of State should conduct robust diplomatic
engagement to promote accountability and provide technical
support to ensure that credible, transparent, and independent
investigations of gross violations of human rights
perpetrated by the Government of Sudan under former President
Omar al-Bashir and the Transitional Military Council since
June 30, 1989.
(b) In General.--Notwithstanding any other provision of law
(other than the Trafficking Victims Protection Act of 2000 or
the Child Soldiers Prevention Act of 2008), the President is
authorized to provide assistance under part I and chapter 4
of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq. and 2346 et seq.) to--
(1) build the capacity of civilian investigators within and
outside of Sudan on how to document, investigate, develop
findings of, identify, and locate those responsible for war
crimes, crimes against humanity, or genocide in Sudan;
(2) collect, document, and protect evidence of war crimes,
crimes against humanity, and genocide in Sudan and preserve
the chain of custody for such evidence, including by
providing support for Sudanese, foreign, and international
nongovernmental organizations, and other entities engaged in
such investigative activities;
(3) build Sudan's judicial capacity to support prosecutions
in domestic courts and support investigations by hybrid or
international courts as appropriate;
(4) protect witnesses who participate in court proceedings
or other transitional justice mechanisms; and
(5) support other related conflict mitigation programs and
activities.
(c) Authorization of Appropriations.--Of the funds
authorized to be appropriated to carry out part I and chapter
4 of part II of the Foreign Assistance Act of 1961 (22 U.S.C.
2151 et seq. and 2346 et seq.), for fiscal years 2021 and
2022, $10,000,000 is authorized to be appropriated for each
such fiscal year to carry out this section.
SEC. 1288. SUSPENSION OF ASSISTANCE.
(a) In General.--The President is authorized to suspend the
provision of assistance authorized under section 1284, 1285,
1286, or 1287 to the Government of Sudan if the President
determines that conditions in Sudan or the composition of the
Government of Sudan changes such that it is no longer in the
United States national interest to continue to provide such
assistance.
(b) Report.--Not later than 30 days after making a
determination under subsection (a), the President shall
submit to the appropriate congressional committees a report
that describes--
(1) the political and security conditions in Sudan that led
to such determination; and
(2) any planned diplomatic engagement to restart the
provision of such assistance.
SEC. 1289. MULTILATERAL ASSISTANCE.
(a) Sense of the Congress.--It is the sense of the Congress
that--
(1) Sudan's economic challenges are a legacy of decades of
kleptocracy, economic mismanagement, and war;
(2) Sudan's economic recovery will depend on--
(A) combating corruption and illicit economic activity;
(B) ending internal conflicts in the states of Darfur,
South Kordofan, and Blue Nile; and
(C) promoting inclusive economic growth and development;
and
(3) the COVID-19 outbreak constitutes a grave danger to
Sudan's economic stability, public health, and food security
and jeopardizes the transition to a civilian-led government
that promotes the democratic aspirations of the Sudanese
people.
(b) Responding to the COVID-19 Outbreak.--During the
transitional period in Sudan, and notwithstanding any other
provision of law, the Secretary of the Treasury may instruct
the United States Executive Director at each international
financial institution to use the voice and vote of the United
States to support loans or other utilization of the funds of
the respective institution for Sudan for the purpose of
addressing basic human needs, responding to the COVID-19
outbreak and its impact on the country's economic stability,
or promoting democracy, governance, or public financial
management in Sudan.
(c) Debt Relief.--Upon the removal of Sudan from the State
Sponsors of Terrorism List, and once the Sovereignty Council
is chaired by a civilian leader, the Secretary of the
Treasury and the Secretary of State should engage with
international financial institutions and other bilateral
official creditors to advance agreement through the Heavily
Indebted Poor Countries (HIPC) Initiative to restructure,
reschedule, or cancel the sovereign debt of Sudan.
(d) Reporting Requirement.--Not later than 3 months after
the date of the enactment of this Act, and not less than
every 6 months thereafter during the transitional period, the
Secretary of the Treasury, in consultation with the Secretary
of State, shall report to the appropriate congressional
committees on the extent to which the transitional government
of Sudan has taken demonstrable steps to strengthen
governance and improve fiscal transparency, including--
(1) establishing civilian control over the finances and
assets of the Sudanese security and intelligence services;
(2) developing a transparent budget that accounts for all
expenditures related to the security and intelligence
services;
(3) identifying the shareholdings in all public and private
companies not exclusively dedicated to the national defense
held or managed by the security and intelligence services,
and publicly disclosing, evaluating, and transferring all
such shareholdings to the Ministry of Finance of the
Government of Sudan or to any specialized entity of the
Government of Sudan established under law for this purpose,
which is ultimately accountable to a civilian authority;
(4) ceasing the involvement of the security and
intelligence services officials, adn their immediate family
members, in the illicit trade in mineral resources, including
petroleum and gold;
(5) implementing a publicly transparent methodology for the
Government of Sudan to recover, evaluate, hold, manage, or
divest any state assets and the profits derived from the
assets that may have been transferred to the National
Congress Party, an affiliate of the National Congress Party,
or an official of the National Congress Party in the
individual capacity of such an official;
(6) identifying and monitoring the nature and purpose of
offshore financial resources controlled by the security and
intelligence services; and
(7) strengthening banking regulation and supervision and
addressing anti-money laundering and counter-terrorism
financing deficiencies.
(e) Appropriate Congressional Committees.--In this section,
the term ``appropriate congressional committees'' means--
(1) the Committee on Financial Services, the Committee on
Foreign Affairs, and the Committee on Appropriations of the
House of Representatives; and
(2) the Committee on Foreign Relations and the Committee on
Appropriations of the United States Senate.
SEC. 1290. COORDINATED SUPPORT TO RECOVER ASSETS STOLEN FROM
THE SUDANESE PEOPLE.
The Secretary of State, in coordination with the Secretary
of the Treasury and the Attorney General, shall seek to
advance the efforts of the Government of Sudan to recover
assets stolen from the Sudanese people, including with regard
to international efforts to--
(1) identify and track assets taken from the people and
institutions of Sudan through theft, corruption, money
laundering, or other illicit means; and
(2) with respect to assets identified pursuant to paragraph
(1), work with foreign governments and international
organizations to--
(A) share financial investigations intelligence, as
appropriate;
(B) oversee and manage the assets identified pursuant to
paragraph (1);
(C) as appropriate, advance, advance civil forfeiture
litigation, including providing technical assistance to help
governments establish the necessary legal framework to carry
out asset forfeitures; and
(D) work with the Government of Sudan to ensure that a
credible mechanism is established to ensure that any
recovered assets are managed in a transparent and accountable
fashion and ultimately used for the benefit of the Sudanese
people, provided that--
(i) returned assets are not used for partisan political
purposes; and
(ii) there are robust financial management and oversight
measures to safeguard repatriated assets.
SEC. 1291. LIMITATION ON ASSISTANCE TO THE SUDANESE SECURITY
AND INTELLIGENCE SERVICES.
(a) In General.--The President may not provide assistance
(other than assistance authorized under section 1286) to the
Sudanese security and intelligence services until the
President submits to Congress a certification that the
Government of Sudan has met the conditions described in
subsection (c).
(b) Exception; Waiver.--
(1) Exception.--The Secretary of State may, as appropriate
and notwithstanding any other provision of law, provide
assistance for the purpose of professionalizing the Sudanese
security and intelligence services, through institutions such
as the Africa Center for Strategic Studies and the United
States Institute of Peace.
(2) Waiver.--The President may waive the limitation on the
provision of assistance under subsection (a) if, not later
than 30 days before the assistance is to be provided, the
[[Page H3470]]
President submits to the appropriate congressional
committees--
(A) a list of the activities and participants to which such
waiver would apply;
(B) a justification that the waiver is in the national
security interest of the United States; and
(C) a certification that the participants have met the
requirements of either section 620M of the Foreign Assistance
Act of 1961 (22 U.S.C. 2378d) for programs funded through
Department of State appropriations or section 362 of title
10, United States Code, for programs funded through
Department of Defense appropriations.
(c) Conditions.--
(1) In general.--The conditions described in this
subsection are that the Sudanese security and intelligence
services--
(A) have demonstrated progress in undertaking security
sector reform, including reforms that professionalize such
security and intelligence services, improve transparency, and
reforms to the laws governing the security forces, such as of
the National Security Act of 2010 and the Sudan Armed Forces
Act of 2007;
(B) support efforts to respect human rights, including
religious freedom, and hold accountable any members of such
security and intelligence services responsible for human
rights violations and abuses, including by taking
demonstrable steps to cooperate with local or international
mechanisms of accountability, to ensure that those
responsible for war crimes, crimes against humanity, and
genocide committed in Sudan are brought to justice;
(C) are under civilian oversight, subject to the rule of
law, and are not undertaking actions to undermine a civilian-
led transitional government or an elected civilian
government;
(D) have refrained from targeted attacks against religious
or ethnic minority groups, have negotiated in good faith
during the peace process and constructively participated in
the implementation of any resulting peace agreements, and do
not impede inclusive political participation;
(E) allow unfettered humanitarian access by United Nations
organizations and specialized agencies and domestic and
international humanitarian organizations to civilian
populations in conflict-affected areas;
(F) cooperate with the United Nations High Commissioner for
Refugees and organizations affiliated with the United Nations
to allow for the protection of displaced persons and the
safe, voluntary, sustainable, and dignified return of
refugees and internally displaced persons; and
(G) take constructive steps to investigate all reports of
unlawful recruitment of children by Sudanese security forces
and prosecute those found to be responsible.
(2) Form.--The certification described in subsection (a)
containing the conditions described in paragraph (1) shall be
submitted in unclassified form but may include a classified
annex.
(d) Sunset.--This section shall terminate on the date that
is the earlier of--
(1) the date that is two years after the date of the
enactment of this Act; or
(2) the date on which the President determines that a
successful rotation of military to civilian leadership in the
Sovereignty Council has occurred.
SEC. 1292. AUTHORIZATION OF IMPOSITION OF SANCTIONS WITH
RESPECT TO CERTAIN GOVERNMENT OF SUDAN
OFFICIALS AND OTHER INDIVIDUALS.
(a) In General.--The President shall impose the sanctions
described in subsection (b) with respect to any senior
official of the Government of Sudan and any other foreign
person that the President determines, on or after the date of
enactment of this Act--
(1) is knowingly responsible for, complicit in, or has
directly or indirectly engaged in--
(A) significant actions or policies that threaten the
peace, security, or stability of Sudan, including through the
use of armed groups;
(B) significant actions or policies that obstruct,
undermine, delay, or impede, or pose a significant risk of
obstructing, undermining, delaying, or impeding, the civil
and political rights of the Sudanese people and the political
transition in Sudan;
(C) corruption, including the misappropriation of state
assets, the expropriation of private assets for personal
gain, corruption related to government contracts or the
extraction of natural resources, or bribery;
(D) serious human rights abuses that may include the
targeting of civilians through the commission of acts of
violence, abduction, forced displacement, or attacks on
schools, hospitals, religious sites, or locations where
civilians are seeking refuge, or a violation of international
humanitarian law; or
(E) illicit exploitation of natural resources in Sudan;
(2) is a leader of an entity that has, or whose members
have, engaged in any activity described in subparagraphs (A)
through (E) of paragraph (1);
(3) has materially assisted, sponsored, or provided
financial, material, logistical, or technological support
for, or goods or services to or in support of--
(A) any activity described in paragraph (1); or
(B) any person whose property and interests in property are
blocked pursuant to Executive Order 13400 (2006); or
(4) is owned or controlled by, or has acted or purported to
act for or on behalf of, any other person whose property and
interests in property are blocked pursuant to--
(A) subsection (b)(1); or
(B) Executive Order 13400 (2006).
(b) Sanctions Described.--The sanctions to be imposed with
respect to any foreign person described in subsection (a) are
the following:
(1) Blocking of property.--The President shall exercise all
of the powers granted to the President under the
International Emergency Economic Powers Act (50 U.S.C. 1701
et seq.) to the extent necessary to block and prohibit all
transactions in property and interests in property of the
foreign person if such property and interests in property--
(A) are in the United States;
(B) come within the United States; or
(C) come within the possession or control of a United
States person.
(2) Inadmissibility for visas, admission, or parole.--
(A) Visas, admission, or parole.--The foreign person is--
(i) inadmissible to the United States;
(ii) ineligible to receive a visa or other documentation to
enter the United States; and
(iii) otherwise ineligible to be admitted or paroled into
the United States or to receive any other benefit under the
Immigration and Nationality Act (8 U.S.C. 1101 et seq.).
(B) Current visas revoked.--The visa or other entry
documentation of the foreign person shall be revoked,
regardless of when such visa or other entry documentation is
or was issued. A revocation under this subparagraph shall
take effect immediately and automatically cancel any other
valid visa or entry documentation that is in the foreign
person's possession.
(c) Exceptions To Comply With United Nations Headquarters
Agreement.--Sanctions under subsection (b)(2) shall not apply
with respect to a foreign person described in subsection (a)
if admitting or paroling the foreign person into the United
States is necessary to permit the United States to comply
with the Agreement regarding the Headquarters of the United
Nations, signed at Lake Success June 26, 1947, and entered
into force November 21, 1947, between the United Nations and
the United States, or other applicable international
obligations.
(d) Implementation; Penalties.--
(1) Implementation.--The President may exercise all
authorities provided under sections 203 and 205 of the
International Emergency Economic Powers Act (50 U.S.C. 1702
and 1704) to carry out this section and shall issue such
regulations, licenses, and orders as are necessary to carry
out this section.
(2) Penalties.--Any person that violates, attempts to
violate, conspires to violate, or causes a violation of this
section or any regulation, license, or order issued to carry
out paragraph (1) shall be subject to the penalties set forth
in subsections (b) and (c) of section 206 of the
International Emergency Economic Powers Act (50 U.S.C. 1705)
to the same extent as a person that commits an unlawful act
described in subsection (a) of that section.
(e) Waiver.--The President may waive the application of
sanctions imposed with respect to a foreign person pursuant
to subsection (a) if the President--
(1) determines that a waiver is in the national interest of
the United States; and
(2) not later than the date on which such waiver will take
effect, submits a notice of and justification for such waiver
to the appropriate congressional committees.
(f) Termination of Authority To Impose Sanctions.--The
authority to impose sanctions under this section shall
terminate on the date that is the earlier of 3 years after
the date of the enactment of this Act or the date on which
the President determines and certifies to the appropriate
congressional committees that the Government of Sudan--
(1) has held free, fair, and credible general elections in
accordance with the 2019 constitutional charter for the
transitional period and a democratically elected head of
state has been sworn in and taken office;
(2) is making significant progress towards respecting the
freedoms of religion, speech, press, assembly, and
association as described in the 2019 constitutional charter
for the transitional period and toward holding free, fair,
and credible elections by the end of the transitional period;
(3) is compliant with international norms and standards
concerning the transparent allocation and disbursement of
government directed funds;
(4) respects the right to freedom of religion, speech,
press, assembly, and association for all Sudanese citizens;
(5) has ceased attacks on civilians, including through the
use of militias;
(6) has negotiated in good faith to reach formal peace
agreements with armed movements that had been in conflict
with the Government of Sudan; and
(7) has ceased any material support or assistance to groups
associated or linked to international terrorism.
(g) Exception Relating to Importation of Goods.--
(1) In general.--The authorities and requirements to impose
sanctions authorized under this section shall not include the
authority or requirement to impose sanctions on the
importation of goods.
(2) Good defined.--In this subsection, the term ``good''
means any article, natural or man-made substance, material,
supply or manufactured product, including inspection and test
equipment, and excluding technical data.
[[Page H3471]]
(h) Exceptions to Comply With National Security.--The
following activities shall be exempt from sanctions under
this section:
(1) Activities subject to the reporting requirements under
title V of the National Security Act of 1947 (50 U.S.C. 3091
et seq.).
(2) Any authorized intelligence or law enforcement
activities of the United States.
(i) Definitions.--In this section:
(1) Admitted; alien.--The terms ``admitted'' and ``alien''
have the meanings given those terms in section 101 of the
Immigration and Nationality Act (8 U.S.C. 1001).
(2) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee on
Appropriations, and the Committee on Financial Services of
the House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on
Appropriations, and the Committee on Banking, Housing, and
Urban Affairs of the Senate.
(3) Foreign person.--The term ``foreign person'' means a
person that is not a United States person.
(4) Knowingly.--The term ``knowingly'' means, with respect
to conduct, a circumstance, or a result, that a person has
actual knowledge, or should have known, of the conduct, the
circumstance, or the result.
(5) United states person.--The term ``United States
person'' means--
(A) a United States citizen, an alien lawfully admitted for
permanent residence to the United States, or any other
individual subject to the jurisdiction of the United States;
(B) an entity organized under the laws of the United States
or of any jurisdiction within the United States, including a
foreign branch of such entity; or
(C) any person in the United States.
SEC. 1293. REPORTS.
(a) Report on Accountability for Human Rights Abuses.--Not
later than 180 days after the date of the enactment of this
Act, and annually thereafter for two years, the President
shall submit to the appropriate congressional committees a
report that--
(1) summarizes reports of gross violations of human rights,
including sexual and gender-based violence, committed against
civilians in Sudan, including members of the Sudanese
security and intelligence services or any associated
militias, between December 2018 and the date of the
submission of the report;
(2) provides an update on any potential transitional
justice mechanisms in Sudan to investigate, charge, and
prosecute alleged perpetrators of gross violations of human
rights in Sudan since June 30, 1989, including with respect
to the June 3, 2019 massacre in Khartoum;
(3) provides an analysis of whether the gross violations of
human rights summarized pursuant to paragraph (1) amount to
war crimes, crimes against humanity, or genocide; and
(4) identifies specific cases since the beginning of the
transitional period in which members of the Sudanese security
and intelligence services have been charged and prosecuted
for actions that constitute gross violations of human rights
perpetrated since June 30, 1989.
(b) Report on Certain Activities and Finances of Senior
Officials of the Government of Sudan.--Not later than 180
days after the date of the enactment of this Act, and
annually thereafter for one year, the President shall submit
to the appropriate congressional committees a report that--
(1) describes the actions and involvement of any previous
or current senior officials of the Government of Sudan since
the establishment of the transitional government in August
2019 in--
(A) directing, carrying out, or overseeing gross violations
of human rights;
(B) directing, carrying out, or overseeing the unlawful use
or recruitment of children by armed groups or armed forces in
the context of conflicts in Sudan, Libya, Yemen, or other
countries;
(C) directing, carrying out, or colluding in significant
acts of corruption;
(D) directing, carrying out, or overseeing any efforts to
circumvent the establishment of civilian control over the
finances and assets of the Sudanese security and intelligence
services; or
(E) facilitating, supporting, or financing terrorist
activity in Sudan or other countries;
(2) identifies Sudanese and foreign financial institutions,
including offshore financial institutions, in which senior
officials of the Government of Sudan whose actions are
described in paragraph (1) hold significant assets, and
provides an estimate of the value of such assets;
(3) identifies any information United States Government
agencies have obtained since August 2019 regarding persons,
foreign governments, and Sudanese or foreign financial
institutions that knowingly facilitate, finance, or otherwise
benefit from corruption or illicit economic activity in
Sudan, including the export of mineral resources, and, in
particular, if that trade is violating any United States
restrictions that remain in place by legislation or executive
order;
(4) identifies any information United States Government
agencies have obtained since August 2019 regarding senior
officials of the Government of Sudan who are personally
involved in the illicit trade in mineral resources, including
petroleum and gold; and
(5) identifies any information United States Government
agencies have obtained since August 2019 regarding
individuals or foreign governments that have provided funds
to individual members of the Sovereignty Council or the
Cabinet outside of the Central Bank of Sudan or the Ministry
of Finance.
(c) Report on Sanctions Pursuant to Executive Order
13400.--Not later than 180 days after the date of the
enactment of this Act, the President shall submit to the
appropriate congressional committees a report containing the
names of senior Sudanese government officials that President
determines meet the criteria to be sanctionable pursuant to
Executive Order 13400 (71 Fed. Reg. 25483; relating to
blocking property of persons in connection with the conflict
in Sudan's Darfur region).
(d) Form.--The reports required under subsections (b) and
(c) shall be submitted in unclassified form but may include a
classified annex.
SEC. 1294. UNITED STATES STRATEGY FOR SUPPORT TO A CIVILIAN-
LED GOVERNMENT IN SUDAN.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States
Agency for International Development and the Secretary of the
Treasury, shall submit to the appropriate congressional
committees a strategy that includes--
(1) a clear articulation of specific United States goals
and objectives with respect to a successful completion of the
transitional period and a plan to achieve such goals and
objectives;
(2) a description of assistance and diplomatic engagement
to support a civilian-led government in Sudan for the
remainder of the transitional period, including any possible
support for the organization of free, fair, and credible
elections;
(3) an assessment of the legal and policy reforms that have
been and need to be taken by the government in Sudan during
the transitional period in order to promote--
(A) human rights;
(B) freedom of religion, speech, press, assembly, and
association; and
(C) accountability for human rights abuses, including for
sexual and gender-based violence perpetrated by members of
the Sudanese security and intelligence services;
(4) a description of efforts to address the legal and
policy reforms mentioned in paragraph (3);
(5) a description of humanitarian and development
assistance to Sudan and a plan for coordinating such
assistance with international donors, regional partners, and
local partners;
(6) a description of monitoring and evaluation plans for
all forms of assistance to be provided under the strategy in
accordance with the monitoring and evaluation requirements of
section 4 of the Foreign Aid Transparency and Accountability
Act of 2016 (Public Law 114-191), to include a detailed
description of all associated goals and benchmarks for
measuring impact; and
(7) an assessment of security sector reforms undertaken by
the Government of Sudan, including efforts to demobilize or
integrate militias and to foster civilian control of the
armed services.
(b) Report.--Not later than one year after the date of the
enactment of this Act, the Secretary of State, in
coordination with the Administrator of the United States
Agency for International Development and the Secretary of the
Treasury, shall submit to the appropriate congressional
committees a report that includes--
(1) a detailed description of the efforts taken to
implement this subtitle; and
(2) recommendations for legislative or administrative
measures to facilitate the implementation of this subtitle.
SEC. 1295. AMENDMENTS TO THE DARFUR PEACE AND ACCOUNTABILITY
ACT OF 2006.
Section 8(c)(1) of the Darfur Peace and Accountability Act
of 2006 (Public Law 109-344; 50 U.S.C. 1701 note) is amended
by striking ``Southern Sudan,'' and all that following
through ``Khartoum,'' and inserting ``Sudan''.
SEC. 1296. REPEAL OF SUDAN PEACE ACT AND THE COMPREHENSIVE
PEACE IN SUDAN ACT.
(a) Sudan Peace Act.--Effective January 1, 2020, the Sudan
Peace Act (Public Law 107-245; 50 U.S.C. 1701 note) is
repealed.
(b) Comprehensive Peace in Sudan Act.--Effective January 1,
2020, the Comprehensive Peace in Sudan Act of 2004 (Public
Law 108-497; 50 U.S.C. note) is repealed.
amendment no. 127 offered by mr. engel of new york
Add at the end of the bill the following:
DIVISION E--DEPARTMENT OF STATE AUTHORITIES AND ACTIVITIES
SEC. 5001. SHORT TITLE.
This division may be cited as the ``Department of State
Authorization Act of 2020''.
TITLE I--ORGANIZATION AND OPERATIONS OF THE DEPARTMENT OF STATE
SEC. 5101. SENSE OF CONGRESS ON IMPORTANCE OF DEPARTMENT OF
STATE'S WORK.
It is the sense of Congress that--
(1) United States global engagement is key to a stable and
prosperous world;
(2) United States leadership is indispensable in light of
the many complex and interconnected threats facing the United
States and the world;
(3) diplomacy and development are critical tools of
national power, and full deployment
[[Page H3472]]
of these tools is vital to United States national security;
(4) challenges such as the global refugee and migration
crises, terrorism, historic famine and food insecurity, and
fragile or repressive societies cannot be addressed without
sustained and robust United States diplomatic and development
leadership;
(5) the United States Government must use all of the
instruments of national security and foreign policy at its
disposal to protect United States citizens, promote United
States interests and values, and support global stability and
prosperity;
(6) United States security and prosperity depend on having
partners and allies that share our interests and values, and
these partnerships are nurtured and our shared interests and
values are promoted through United States diplomatic
engagement, security cooperation, economic statecraft, and
assistance that helps further economic development, good
governance, including the rule of law and democratic
institutions, and the development of shared responses to
natural and humanitarian disasters;
(7) as the United States Government agencies primarily
charged with conducting diplomacy and development, the
Department and the United States Agency for International
Development (USAID) require sustained and robust funding to
carry out this important work, which is essential to our
ability to project United States leadership and values and to
advance the United States interests around the world;
(8) the work of the Department and USAID makes the United
States and the world safer and more prosperous by alleviating
global poverty and hunger, fighting HIV/AIDS and other
infectious diseases, strengthening alliances, expanding
educational opportunities for women and girls, promoting good
governance and democracy, supporting anti-corruption efforts,
driving economic development and trade, preventing armed
conflicts and humanitarian crises, and creating American jobs
and export opportunities;
(9) the Department and USAID are vital national security
agencies, whose work is critical to the projection of United
States power and leadership worldwide, and without which
Americans would be less safe, our economic power would be
diminished, and global stability and prosperity would suffer;
(10) investing in diplomacy and development before
conflicts break out saves American lives while also being
cost-effective; and
(11) the contributions of personnel working at the
Department and USAID are extraordinarily valuable and allow
the United States to maintain its leadership around the
world.
SEC. 5102. BUREAU OF DEMOCRACY, HUMAN RIGHTS, AND LABOR.
Paragraph (2) of section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a) is amended--
(1) in subparagraph (A), by adding at the end the following
new sentence: ``All special envoys, ambassadors, and
coordinators located within the Bureau of Democracy, Human
Rights, and Labor shall report directly to the Assistant
Secretary.'';
(2) in subparagraph (B)(ii)--
(A) by striking ``section'' and inserting ``sections 116
and''; and
(B) by inserting before the period at the end the
following: ``(commonly referred to as the annual `Country
Reports on Human Rights Practices')''; and
(3) by adding at the end the following new subparagraphs:
``(C) Authorities.--In addition to the duties, functions,
and responsibilities specified in this paragraph, the
Assistant Secretary of State for Democracy, Human Rights, and
Labor is authorized to--
``(i) promote democracy and actively support human rights
throughout the world;
``(ii) promote the rule of law and good governance
throughout the world;
``(iii) strengthen, empower, and protect civil society
representatives, programs, and organizations, and facilitate
their ability to engage in dialogue with governments and
other civil society entities;
``(iv) work with regional bureaus to ensure adequate
personnel at diplomatic posts are assigned responsibilities
relating to advancing democracy, human rights, labor rights,
women's equal participation in society, and the rule of law,
with particular attention paid to adequate oversight and
engagement on such issues by senior officials at such posts;
``(v) review and, as appropriate, make recommendations to
the Secretary of State regarding the proposed transfer of--
``(I) defense articles and defense services authorized
under the Foreign Assistance Act of 1961 (22 U.S.C. 2151 et
seq.) or the Arms Export Control Act (22 U.S.C. 2751 et
seq.); and
``(II) military items listed on the `600 series' of the
Commerce Control List contained in Supplement No. 1 to part
774 of subtitle B of title 15, Code of Federal Regulations;
``(vi) coordinate programs and activities that protect and
advance the exercise of human rights and internet freedom in
cyberspace; and
``(vii) implement other relevant policies and provisions of
law.
``(D) Efficiency.--The Assistant Secretary for Democracy,
Human Rights, and Labor shall take whatever actions may be
necessary to minimize the duplication of efforts within the
Bureau of Democracy, Human Rights, and Labor.
``(E) Local oversight.--United States missions, to the
extent practicable, should assist in exercising oversight
authority and coordinate with the Bureau of Democracy, Human
Rights, and Labor to ensure that funds are appropriately used
and comply with anti-corruption practices.''.
SEC. 5103. ASSISTANT SECRETARY FOR INTERNATIONAL NARCOTICS
AND LAW ENFORCEMENT AFFAIRS.
(a) In General.--Section 1(c) of the State Department Basic
Authorities Act of 1956 (22 U.S.C. 2651a(c)) is amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph:
``(3) Assistant secretary for international narcotics and
law enforcement affairs.--
``(A) In general.--There is authorized to be in the
Department of State an Assistant Secretary for International
Narcotics and Law Enforcement Affairs, who shall be
responsible to the Secretary of State for all matters,
programs, and related activities pertaining to international
narcotics, anti-crime, and law enforcement affairs in the
conduct of foreign policy by the Department, including, as
appropriate, leading the coordination of programs carried out
by United States Government agencies abroad, and such other
related duties as the Secretary may from time to time
designate.
``(B) Areas of responsibility.--The Assistant Secretary for
International Narcotics and Law Enforcement Affairs shall
maintain continuous observation and coordination of all
matters pertaining to international narcotics, anti-crime,
and law enforcement affairs in the conduct of foreign policy,
including programs carried out by other United States
Government agencies when such programs pertain to the
following matters:
``(i) Combating international narcotics production and
trafficking.
``(ii) Strengthening foreign justice systems, including
judicial and prosecutorial capacity, appeals systems, law
enforcement agencies, prison systems, and the sharing of
recovered assets.
``(iii) Training and equipping foreign police, border
control, other government officials, and other civilian law
enforcement authorities for anti-crime purposes, including
ensuring that no foreign security unit or member of such unit
shall receive such assistance from the United States
Government absent appropriate vetting.
``(iv) Ensuring the inclusion of human rights and women's
participation issues in law enforcement programs, in
consultation with the Assistant Secretary for Democracy,
Human Rights, and Labor, and other senior officials in
regional and thematic bureaus and offices.
``(v) Combating, in conjunction with other relevant bureaus
of the Department, all forms of transnational organized
crime, including illicit trafficking in human beings, arms,
wildlife, and cultural property, migrant smuggling,
corruption, money laundering, the illicit smuggling of bulk
cash, the licit use of financial systems for malign purposes,
and other new and emerging forms of crime.
``(vi) Identifying and responding to global corruption,
including strengthening the capacity of foreign government
institutions responsible for addressing financial crimes and
engaging with multilateral organizations responsible for
monitoring and supporting foreign governments' anti-
corruption efforts.
``(C) Additional duties.--In addition to the
responsibilities specified in subparagraph (B), the Assistant
Secretary for International Narcotics and Law Enforcement
Affairs shall also--
``(i) carry out timely and substantive consultation with
chiefs of mission and, as appropriate, the heads of other
United States Government agencies to ensure effective
coordination of all international narcotics and law
enforcement programs carried out overseas by the Department
and such other agencies;
``(ii) coordinate with the Office of National Drug Control
Policy to ensure lessons learned from other United States
Government agencies are available to the Bureau of
International Narcotics and Law Enforcement Affairs of the
Department;
``(iii) develop standard requirements for monitoring and
evaluation of Bureau programs, including metrics for success
that do not rely solely on the amounts of illegal drugs that
are produced or seized;
``(iv) in coordination with the Secretary of State,
annually certify in writing to the Committee on Foreign
Affairs of the House of Representatives and the Committee on
Foreign Relations of the Senate that United States law
enforcement personnel posted abroad whose activities are
funded to any extent by the Bureau of International Narcotics
and Law Enforcement Affairs are complying with section 207 of
the Foreign Service Act of 1980 (22 U.S.C. 3927); and
``(v) carry out such other relevant duties as the Secretary
may assign.''.
(b) Modification of Annual International Narcotics Control
Strategy Report.--Subsection (a) of section 489 of the
Foreign Assistance Act of 1961 (22 U.S.C. 2291h) is amended
by inserting after paragraph (8) the following new paragraph:
``(9) A separate section that contains an identification of
all United States Government-supported units funded by the
Bureau of International Narcotics and Law Enforcement Affairs
and any Bureau-funded operations by such units in which
United States law enforcement personnel have been physically
present.''.
[[Page H3473]]
SEC. 5104. BUREAU OF CONSULAR AFFAIRS; BUREAU OF POPULATION,
REFUGEES, AND MIGRATION.
Section 1 of the State Department Basic Authorities Act of
1956 (22 U.S.C. 2651a) is amended--
(1) by redesignating subsection (g) as subsection (i); and
(2) by inserting after subsection (f) the following new
subsections:
``(g) Bureau of Consular Affairs.--There is in the
Department of State the Bureau of Consular Affairs, which
shall be headed by the Assistant Secretary of State for
Consular Affairs.
``(h) Bureau of Population, Refugees, and Migration.--There
is in the Department of State the Bureau of Population,
Refugees, and Migration, which shall be headed by the
Assistant Secretary of State for Population, Refugees, and
Migration.''.
SEC. 5105. OFFICE OF INTERNATIONAL DISABILITY RIGHTS.
(a) Establishment.--There should be established in the
Department an Office of International Disability Rights
(referred to in this section as the ``Office'').
(b) Duties.--The Office should--
(1) seek to ensure that all United States foreign
operations are accessible to, and inclusive of, persons with
disabilities;
(2) promote the human rights and full participation in
international development activities of all persons with
disabilities;
(3) promote disability inclusive practices and the training
of Department staff on soliciting quality programs that are
fully inclusive of people with disabilities;
(4) represent the United States in diplomatic and
multilateral fora on matters relevant to the rights of
persons with disabilities, and work to raise the profile of
disability across a broader range of organizations
contributing to international development efforts;
(5) conduct regular consultation with civil society
organizations working to advance international disability
rights and empower persons with disabilities internationally;
(6) consult with other relevant offices at the Department
that are responsible for drafting annual reports documenting
progress on human rights, including, wherever applicable,
references to instances of discrimination, prejudice, or
abuses of persons with disabilities; and
(7) advise the Bureau of Human Resources Development of the
Department regarding the hiring and recruitment and overseas
practices of civil service employees and Foreign Service
officers with disabilities and their family members with
chronic medical conditions or disabilities.
(c) Supervision.--The Office may be headed by--
(1) a senior advisor to the appropriate Assistant
Secretary; or
(2) an officer exercising significant authority who reports
to the President or Secretary, appointed by and with the
advice and consent of the Senate.
(d) Consultation.--The Secretary should direct Ambassadors
at Large, Representatives, Special Envoys, and coordinators
working on human rights to consult with the Office to promote
the human rights and full participation in international
development activities of all persons with disabilities.
SEC. 5106. OFFICE OF GLOBAL WOMEN'S ISSUES.
(a) In General.--There should be established an Office of
Global Women's Issues (referred to in this section as the
``Office''), which may be placed within the organizational
structure of the Department at the discretion of the
Secretary.
(b) Purpose.--The Office should coordinate efforts of the
United States Government, as directed by the Secretary,
regarding gender equality and advancing the status of women
and girls in United States foreign policy.
(c) Duties.--The Office should--
(1) serve as the principal advisor to the Secretary
regarding gender equality, women's and girls' empowerment,
and violence against women and girls as a priority of United
States foreign policy;
(2) represent the United States in diplomatic and
multilateral fora on matters relevant to the status of women
and girls;
(3) advise the Secretary and provide input on all
activities, policies, programs, and funding relating to
gender equality and the advancement of women and girls
internationally for all bureaus and offices of the Department
and in the international programs of all other Federal
agencies;
(4) work to ensure that efforts to advance gender equality
and women's and girls' empowerment are fully integrated into
the programs, structures, processes, and capacities of all
bureaus and offices of the Department and in the
international programs of other Federal agencies; and
(5) conduct regular consultation with civil society
organizations working to advance gender equality and empower
women and girls internationally.
(d) Supervision.--The Office should be headed by an
Ambassador-at-large for Global Women's Issues.
(e) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall provide to the
appropriate congressional committees a report or briefing
regarding this section.
SEC. 5107. SPECIAL APPOINTMENTS.
(a) Report on Positions.--Not later than 30 days after the
date of the enactment of this Act, the Secretary shall submit
to the appropriate congressional committees a report that
includes the following:
(1) A description of the duties, responsibilities, and
number of staff of each existing Special Envoy, Special
Representative, Special Coordinator, Special Negotiator,
Envoy, Representative, Coordinator, Special Advisor, and
other similar position at the Department.
(2) Recommendations regarding whether to maintain in the
Department each such position, including those listed in the
report submitted by the Secretary to the Committee on Foreign
Relations of the Senate on April 14, 2017, pursuant to
section 418 of the Department of State Authorities Act,
Fiscal Year 2017 (Public Law 114-323), that are not expressly
authorized by a provision of law enacted by Congress.
(3) Justifications supporting each of the Secretary's
recommendations under paragraph (2).
(b) Advice and Consent.--Not later than 90 days after the
submission of the report required under subsection (a), the
President shall submit the name of each Special Envoy,
Special Representative, Special Coordinator, Special
Negotiator, Envoy, Representative, Coordinator, Special
Advisor, or other person occupying a similar position at the
Department exercising significant authority pursuant to the
laws of the United States that is not expressly authorized by
a provision of law enacted by Congress who is included in
such report to the Committee on Foreign Relations of the
Senate to seek the advice and consent of the Senate.
(c) Rule of Construction Regarding Establishment of
Positions.--Nothing in this section may be construed as
prohibiting the establishment or maintenance of any Special
Envoy, Special Representative, Special Coordinator, Special
Negotiator, Envoy, Representative, Coordinator, Special
Advisor, or other similar position at the Department
exercising significant authority pursuant to the laws of the
United States if the name of the appointee for each such
position is submitted to the Committee on Foreign Relations
of the Senate, to seek the advice and consent of the Senate,
not later than 90 days after each such appointment.
(d) Limited Exception for Temporary Appointments.--The
Secretary may maintain or establish a position with the title
of Special Envoy, Special Representative, Special
Coordinator, Special Negotiator, Special Advisor, or a
similar position not exercising significant authority
pursuant to the laws of the United States for not longer than
180 days if the Secretary, not later than 15 days before the
appointment of a person to such a position, submits to the
appropriate congressional committees a notification that
includes the following:
(1) A certification that the position is not expected to
demand the exercise of significant authority pursuant to the
laws of the United States.
(2) A description of the duties and purpose of the
position.
(3) The rationale for giving the specific title to the
position.
(e) Renewal of Temporary Appointment.--Nothing in this
section may be construed as prohibiting the Secretary from
renewing for a period not to exceed 180 days any position
maintained or established under subsection (d) if the
Secretary complies with the notification requirements
contained in such subsection.
(f) Funding Restrictions.--
(1) Positions not submitted for advice and consent.--No
funds may be authorized to be appropriated for--
(A) any Special Envoy, Special Representative, Special
Coordinator, Special Negotiator, Envoy, Representative,
Coordinator, Special Advisor, or other similar position at
the Department exercising significant authority pursuant to
the laws of the United States if the name of the person
appointed to such position has not been submitted to the
Committee on Foreign Relations of the Senate for the advice
and consent of the Senate in accordance with subsection (b);
or
(B) any staff or resources related to such a position until
the person appointed to such position has been submitted to
the Committee on Foreign Relations of the Senate for the
advice and consent of the Senate.
(2) Temporary positions.--No funds may be authorized to be
appropriated for any position described in subsection (d) or
for any staff or resources related to such position unless
the Secretary has complied with the notification requirements
under such subsection.
(3) Fiscal year 2021.--The restrictions described in this
subsection shall not apply in fiscal year 2021 to positions
or associated staff and resources for which funding is
expressly appropriated for such fiscal year in an Act of
Congress.
(g) Confirmation for Authorized Positions.--
(1) In general.--No Special Envoy, Special Representative,
Special Coordinator, Special Negotiator, Envoy,
Representative, Coordinator, Special Advisor, or other
similar position at the Department exercising significant
authority pursuant to the laws of the United States that is
authorized by an Act of Congress (except the position
authorized by section 621 of the Tibetan Policy Act of 2002
(subtitle B of title VI of Public Law 107-228; 22 U.S.C. 6901
note)) may be appointed without the advice and consent of the
Senate.
(2) Fiscal year 2021.--The restriction described in
paragraph (1) shall not apply in fiscal year 2021 to
positions or associated staff and resources for which funding
is expressly appropriated for such fiscal year in an Act of
Congress.
[[Page H3474]]
(h) Elimination of Special Representative and Policy
Coordinator for Burma.--
(1) Findings.--Congress finds the following:
(A) Congress established the Special Representative and
Policy Coordinator for Burma in July 2008 at a time when the
United States did not maintain full diplomatic relations with
Burma and had not appointed an Ambassador to Burma in 18
years.
(B) In 2012, the United States re-established full
diplomatic relations with Burma and appointed a United States
Ambassador to Burma who, along with the Secretary of State,
Assistant Secretary of State for East Asia and the Pacific,
and other United States Government officials, represents the
United States' interests in Burma.
(2) Repeal.--Section 7 of the Tom Lantos Block Burmese Jade
(Junta's Anti-Democratic Efforts) Act of 2008 (Public Law
110-286; 50 U.S.C. 1701 note; relating to the establishment
of a Special Representative and Policy Coordinator for Burma)
is hereby repealed.
SEC. 5108. ANTI-PIRACY INFORMATION SHARING.
The Secretary is authorized to provide for the
participation by the United States in the Information Sharing
Centre located in Singapore, as established by the Regional
Cooperation Agreement on Combating Piracy and Armed Robbery
against Ships in Asia (ReCAAP).
SEC. 5109. IMPORTANCE OF FOREIGN AFFAIRS TRAINING TO NATIONAL
SECURITY.
It is the sense of Congress that--
(1) the Department is a crucial national security agency,
whose employees, both Foreign and Civil Service, require the
best possible training at every stage of their careers to
prepare them to promote and defend United States national
interests and the health and safety of United States citizens
abroad;
(2) the Secretary should explore establishing a ``training
float'' requiring that a certain percentage of the Foreign
Service shall be in long-term training at any given time;
(3) the Department's Foreign Service Institute should seek
to substantially increase its educational and training
offerings to Department personnel, including developing new
and innovative educational and training courses, methods,
programs, and opportunities; and
(4) consistent with existing Department gift acceptance
authority and other applicable laws, the Department and
Foreign Service Institute should seek and accept funds and
other resources from foundations, not-for-profit
corporations, and other appropriate sources to help the
Department and the Institute accomplish the goals specified
in paragraph (3).
SEC. 5110. CLASSIFICATION AND ASSIGNMENT OF FOREIGN SERVICE
OFFICERS.
The Foreign Service Act of 1980 is amended--
(1) in section 501 (22 U.S.C. 3981), by inserting ``If a
position designated under this section is unfilled for more
than 365 calendar days, such position may be filled, as
appropriate, on a temporary basis, in accordance with section
309.'' after ``Positions designated under this section are
excepted from the competitive service.''; and
(2) in paragraph (2) of section 502(a) (22 U.S.C. 3982(a)),
by inserting ``, or domestically, in a position working on
issues relating to a particular country or geographic area,''
after ``geographic area''.
SEC. 5111. ENERGY DIPLOMACY AND SECURITY WITHIN THE
DEPARTMENT OF STATE.
(a) In General.--Subsection (c) of section 1 of the State
Department Basic Authorities Act of 1956 (22 U.S.C. 2651a),
as amended by section 5103 of this Act, is further amended--
(1) by redesignating paragraph (4) (as redesignated
pursuant to such section 5103) as paragraph (5); and
(2) by inserting after paragraph (3) the following new
paragraph:
``(4) Energy resources.--
``(A) Authorization for assistant secretary.--Subject to
the numerical limitation specified in paragraph (1), there is
authorized to be established in the Department of State an
Assistant Secretary of State for Energy Resources.
``(B) Personnel.--The Secretary of State shall ensure that
there are sufficient personnel dedicated to energy matters
within the Department of State whose responsibilities shall
include--
``(i) formulating and implementing international policies
aimed at protecting and advancing United States energy
security interests by effectively managing United States
bilateral and multilateral relations;
``(ii) ensuring that analyses of the national security
implications of global energy and environmental developments
are reflected in the decision making process within the
Department;
``(iii) incorporating energy security priorities into the
activities of the Department;
``(iv) coordinating energy activities of the Department
with relevant Federal departments and agencies; and
``(v) working internationally to--
``(I) support the development of energy resources and the
distribution of such resources for the benefit of the United
States and United States allies and trading partners for
their energy security and economic development needs;
``(II) promote availability of diversified energy supplies
and a well-functioning global market for energy resources,
technologies, and expertise for the benefit of the United
States and United States allies and trading partners;
``(III) resolve international disputes regarding the
exploration, development, production, or distribution of
energy resources;
``(IV) support the economic and commercial interests of
United States persons operating in the energy markets of
foreign countries;
``(V) support and coordinate international efforts to
alleviate energy poverty;
``(VI) leading the United States commitment to the
Extractive Industries Transparency Initiative;
``(VII) coordinating within the Department and with
relevant Federal departments and agencies on developing and
implementing international energy-related sanctions; and
``(VIII) coordinating energy security and other relevant
functions within the Department currently undertaken by--
``(aa) the Bureau of Economic and Business Affairs;
``(bb) the Bureau of Oceans and International Environmental
and Scientific Affairs; and
``(cc) other offices within the Department of State.''.
(b) Conforming Amendment.--Section 931 of the Energy
Independence and Security Act of 2007 (42 U.S.C. 17371) is
amended--
(1) by striking subsections (a) and (b); and
(2) by redesignating subsections (c) and (d) as subsections
(a) and (b), respectively.
SEC. 5112. THE NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
Title I of the State Department Basic Authorities Act of
1956 is amended by adding after section 63 (22 U.S.C. 2735)
the following new section:
``SEC. 64. THE NATIONAL MUSEUM OF AMERICAN DIPLOMACY.
``(a) Activities.--
``(1) Support authorized.--The Secretary of State is
authorized to provide, by contract, grant, or otherwise, for
the performance of appropriate museum visitor and educational
outreach services and related events, including organizing
programs and conference activities, museum shop services and
food services in the public exhibition and related space
utilized by the National Museum of American Diplomacy.
``(2) Recovery of costs.--The Secretary of State is
authorized to recover any revenues generated under the
authority of paragraph (1) for visitor and outreach services
and related events referred to in such paragraph, including
fees for use of facilities at the National Museum for
American Diplomacy. Any such revenues may be retained as a
recovery of the costs of operating the museum.
``(b) Disposition of National Museum of American Diplomacy
Documents, Artifacts, and Other Articles.--
``(1) Property.--All historic documents, artifacts, or
other articles permanently acquired by the Department of
State and determined by the Secretary of State to be suitable
for display by the National Museum of American Diplomacy
shall be considered to be the property of the United States
Government and shall be subject to disposition solely in
accordance with this subsection.
``(2) Sale, trade, or transfer.--Whenever the Secretary of
State makes the determination described in paragraph (3) with
respect to a document, artifact, or other article under
paragraph (1), the Secretary may sell at fair market value,
trade, or transfer such document, artifact, or other article
without regard to the requirements of subtitle I of title 40,
United States Code. The proceeds of any such sale may be used
solely for the advancement of the mission of the National
Museum of American Diplomacy and may not be used for any
purpose other than the acquisition and direct care of the
collections of the museum.
``(3) Determinations prior to sale, trade, or transfer.--
The determination described in this paragraph with respect to
a document, artifact, or other article under paragraph (1),
is a determination that--
``(A) such document, artifact, or other article no longer
serves to further the purposes of the National Museum of
American Diplomacy as set forth in the collections management
policy of the museum;
``(B) the sale, trade, or transfer of such document,
artifact, or other article would serve to maintain the
standards of the collection of the museum; or
``(C) sale, trade, or transfer of such document, artifact,
or other article would be in the best interests of the United
States.
``(4) Loans.--In addition to the authorization under
paragraph (2) relating to the sale, trade, or transfer of
documents, artifacts, or other articles under paragraph (1),
the Secretary of State may loan such documents, artifacts, or
other articles, when not needed for use or display by the
National Museum of American Diplomacy to the Smithsonian
Institution or a similar institution for repair, study, or
exhibition.''.
SEC. 5113. EXTENSION OF PERIOD FOR REIMBURSEMENT OF FISHERMEN
FOR COSTS INCURRED FROM THE ILLEGAL SEIZURE AND
DETENTION OF U.S.-FLAG FISHING VESSELS BY
FOREIGN GOVERNMENTS.
(a) In General.--Subsection (e) of section 7 of the
Fishermen's Protective Act of 1967 (22 U.S.C. 1977) is
amended to read as follows:
``(e) Amounts.--Payments may be made under this section
only to such extent and in such amounts as are provided in
advance in appropriation Acts.''.
(b) Retroactive Applicability.--
(1) Effective date.--The amendment made by subsection (a)
shall take effect on the date of the enactment of this Act
and
[[Page H3475]]
apply as if the date specified in subsection (e) of section 7
of the Fishermen's Protective Act of 1967, as in effect on
the day before the date of the enactment of this Act, were
the day after such date of enactment.
(2) Agreements and payments.--The Secretary shall--
(A) enter into agreements pursuant to section 7 of the
Fishermen's Protective Act of 1967 for any claims to which
such section would otherwise apply but for the date specified
in subsection (e) of such section, as in effect on the day
before the date of the enactment of this Act; and
(B) make payments in accordance with agreements entered
into pursuant to such section if any such payments have not
been made as a result of the expiration of the date specified
in such section, as in effect on the day before the date of
the enactment of this Act.
SEC. 5114. ART IN EMBASSIES.
(a) In General.--No funds are authorized to be appropriated
for the purchase of any piece of art for the purposes of
installation or display in any embassy, consulate, or other
foreign mission of the United States if the purchase price of
such piece of art is in excess of $50,000, unless such
purchase is subject to prior consultation with, and the
regular notification procedures of, the appropriate
congressional committees.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report on the costs of
the Art in Embassies Program for each of fiscal years 2012,
2013, and 2014.
(c) Sunset.--This section shall terminate on the date that
is 2 years after the date of the enactment of this Act.
(d) Definition.--In this section, the term ``art'' includes
paintings, sculptures, photographs, industrial design, and
craft art.
SEC. 5115. AMENDMENT OR REPEAL OF REPORTING REQUIREMENTS.
(a) Burma.--
(1) In general.--Section 570 of Public Law 104-208 is
amended--
(A) by amending subsection (c) to read as follows:
``(c) Multilateral Strategy.--The President shall develop,
in coordination with members of ASEAN and other likeminded
countries, a comprehensive, multilateral strategy to bring
about further democratic consolidation in Burma and improve
human rights practices and the quality of life in Burma,
including the development of a dialogue leading to genuine
national reconciliation.''; and
(B) in subsection (d)--
(i) in the matter preceding paragraph (1), by striking
``six months'' and inserting ``year'';
(ii) by redesignating paragraph (3) as paragraph (7); and
(iii) by inserting after paragraph (2) the following new
paragraphs:
``(3) improvements in human rights practices;
``(4) progress toward broad-based and inclusive economic
growth;
``(5) progress toward genuine national reconciliation;
``(6) progress on improving the quality of life of the
Burmese people, including progress relating to market
reforms, living standards, labor standards, use of forced
labor in the tourism industry, and environmental quality;
and''.
(2) Effective date.--The amendments made by paragraph (1)
shall take effect on the date of the enactment of this Act
and apply with respect to the first report required under
subsection (d) of section 570 of Public Law 104-208 that is
required after the date of the enactment of this Act.
(b) Repeals.--The following provisions of law are hereby
repealed:
(1) Subsection (b) of section 804 of Public Law 101-246.
(2) Section 6 of Public Law 104-45.
(3) Section 406 of Public Law 101-246 (22 U.S.C. 2414a).
(4) Subsection (c) of section 702 of Public Law 96-465 (22
U.S.C. 4022).
SEC. 5116. REPORTING ON IMPLEMENTATION OF GAO
RECOMMENDATIONS.
(a) Initial Report.--Not later than 120 days after the date
of the enactment of this Act, the Secretary shall submit to
the appropriate congressional committees a report that lists
all of the Government Accountability Office's recommendations
relating to the Department that have not been fully
implemented.
(b) Comptroller General Report.--Not later than 30 days
after the Secretary submits the report under subsection (a),
the Comptroller General of the United States shall submit to
the appropriate congressional committees a report that
identifies any discrepancies between the list of
recommendations included in such report and the Government
Accountability Office's list of outstanding recommendations
for the Department.
(c) Implementation Report.--
(1) In general.--Not later than 120 days after the date of
the submission of the Comptroller General's report under
subsection (b), the Secretary shall submit to the appropriate
congressional committees a report that describes the
implementation status of each recommendation from the
Government Accountability Office included in the report
submitted under subsection (a).
(2) Justification.--The report under paragraph (1) shall
include--
(A) a detailed justification for each decision not to fully
implement a recommendation or to implement a recommendation
in a different manner than specified by the Government
Accountability Office;
(B) a timeline for the full implementation of any
recommendation the Secretary has decided to adopt, but has
not yet fully implemented; and
(C) an explanation for any discrepancies included in the
Comptroller General report submitted under subsection (b).
(d) Form.--The information required in each report under
this section shall be submitted in unclassified form, to the
maximum extent practicable, but may be included in a
classified annex to the extent necessary.
SEC. 5117. OFFICE OF GLOBAL CRIMINAL JUSTICE.
(a) In General.--There should be established within the
Department an Office of Global Criminal Justice (referred to
in this section as the ``Office''), which may be placed
within the organizational structure of the Department at the
discretion of the Secretary.
(b) Duties.--The Office should carry out the following:
(1) Advise the Secretary and other relevant senior
officials on issues related to war crimes, crimes against
humanity, and genocide.
(2) Assist in formulating United States policy on the
prevention of, responses to, and accountability for mass
atrocities.
(3) Coordinate United States Government positions relating
to the international and hybrid courts currently prosecuting
persons responsible for genocide, war crimes, and crimes
against humanity anywhere in the world.
(4) Work with other governments, international
organizations, and nongovernmental organizations, as
appropriate, to establish and assist international and
domestic commissions of inquiry, fact-finding missions, and
tribunals to investigate, document, and prosecute atrocities
in every region of the globe.
(5) Coordinate the deployment of diplomatic, legal,
economic, military, and other tools to help expose the truth,
judge those responsible, protect and assist victims, enable
reconciliation, deter atrocities, and build the rule of law.
(6) Provide advice and expertise on transitional justice to
United States personnel operating in conflict and post-
conflict environments.
(7) Act as a point of contact for international, hybrid,
and mixed tribunals exercising jurisdiction over war crimes,
crimes against humanity, and genocide committed around the
world.
(8) Represent the Department on any interagency whole-of-
government coordinating entities addressing genocide and
other mass atrocities.
(9) Perform any additional duties and exercise such powers
as the Secretary of State may prescribe.
(c) Supervision.--The Office should be led by an
Ambassador-at-Large for Global Criminal Justice.
TITLE II--EMBASSY CONSTRUCTION
SEC. 5201. EMBASSY SECURITY, CONSTRUCTION, AND MAINTENANCE.
For ``Embassy Security, Construction, and Maintenance'',
there is authorized to be appropriated $1,975,449,000 for
fiscal year 2021.
SEC. 5202. STANDARD DESIGN IN CAPITAL CONSTRUCTION.
(a) Sense of Congress.--It is the sense of Congress that
the Department's Bureau of Overseas Building Operations (OBO)
or successor office should give appropriate consideration to
standardization in construction, in which each new United
States embassy and consulate starts with a standard design
and keeps customization to a minimum.
(b) Consultation.--The Secretary shall carry out any new
United States embassy compound or new consulate compound
project that utilizes a non-standard design, including those
projects that are in the design or pre-design phase as of the
date of the enactment of this Act, only in consultation with
the appropriate congressional committees. The Secretary shall
provide the appropriate congressional committees, for each
such project, the following documentation:
(1) A comparison of the estimated full lifecycle costs of
the project to the estimated full lifecycle costs of such
project if it were to use a standard design.
(2) A comparison of the estimated completion date of such
project to the estimated completion date of such project if
it were to use a standard design.
(3) A comparison of the security of the completed project
to the security of such completed project if it were to use a
standard design.
(4) A justification for the Secretary's selection of a non-
standard design over a standard design for such project.
(5) A written explanation if any of the documentation
necessary to support the comparisons and justification, as
the case may be, described in paragraphs (1) through (4)
cannot be provided.
(c) Sunset.--The consultation requirement under subsection
(b) shall expire on the date that is 4 years after the date
of the enactment of this Act.
SEC. 5203. CAPITAL CONSTRUCTION TRANSPARENCY.
(a) In General.--Section 118 of the Department of State
Authorities Act, Fiscal Year 2017 (22 U.S.C. 304) is
amended--
(1) in the section heading , by striking ``annual report on
embassy construction
[[Page H3476]]
costs'' and inserting ``biannual report on overseas capital
construction projects''; and
(2) by striking subsections (a) and (b) and inserting the
following new subsections:
``(a) In General.--Not later than 180 days after the date
of the enactment of this subsection and every 180 days
thereafter until the date that is 4 years after such date of
enactment, the Secretary shall submit to the appropriate
congressional committees a comprehensive report regarding all
ongoing overseas capital construction projects and major
embassy security upgrade projects.
``(b) Contents.--Each report required under subsection (a)
shall include the following with respect to each ongoing
overseas capital construction project and major embassy
security upgrade project:
``(1) The initial cost estimate as specified in the
proposed allocation of capital construction and maintenance
funds required by the Committees on Appropriations for Acts
making appropriations for the Department of State, foreign
operations, and related programs.
``(2) The current cost estimate.
``(3) The value of each request for equitable adjustment
received by the Department to date.
``(4) The value of each certified claim received by the
Department to date.
``(5) The value of any usage of the project's contingency
fund to date and the value of the remainder of the project's
contingency fund.
``(6) An enumerated list of each request for adjustment and
certified claim that remains outstanding or unresolved.
``(7) An enumerated list of each request for equitable
adjustment and certified claim that has been fully
adjudicated or that the Department has settled, and the final
dollar amount of each adjudication or settlement.
``(8) The date of estimated completion specified in the
proposed allocation of capital construction and maintenance
funds required by the Committees on Appropriations not later
than 45 days after the date of the enactment of an Act making
appropriations for the Department of State, foreign
operations, and related programs.
``(9) The current date of estimated completion.''.
(b) Initial Report.--The first report required under
subsection (a) of section 118 of the Department of State
Authorities Act, Fiscal Year 2017 (as amended by this
section) shall include an annex regarding all overseas
capital construction projects and major embassy security
upgrade projects completed during the 10-year period ending
on December 31, 2018, including, for each such project, the
elements specified in subsection (b) of such section 118.
SEC. 5204. CONTRACTOR PERFORMANCE INFORMATION.
(a) Deadline for Completion.--The Secretary shall complete
all contractor performance evaluations required by subpart
42.15 of the Federal Acquisition Regulation for those
contractors engaged in construction of new embassy or new
consulate compounds by October 1, 2021.
(b) Prioritization System.--
(1) In general.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall develop a
prioritization system for clearing the current backlog of
required evaluations referred to in subsection (a).
(2) Elements.--The system required under paragraph (1)
should prioritize the evaluations as follows:
(A) Project completion evaluations should be prioritized
over annual evaluations.
(B) Evaluations for relatively large contracts should have
priority.
(C) Evaluations that would be particularly informative for
the awarding of government contracts should have priority.
(c) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of State shall brief the
appropriate congressional committees on the Department's plan
for completing all evaluations by October 1, 2021, in
accordance with subsection (a) and the prioritization system
developed pursuant to subsection (b).
(d) Sense of Congress.--It is the sense of Congress that--
(1) contractors deciding whether to bid on Department
contracts would benefit from greater understanding of the
Department as a client; and
(2) the Department should develop a forum where contractors
can comment on the Department's project management
performance.
SEC. 5205. GROWTH PROJECTIONS FOR NEW EMBASSIES AND
CONSULATES.
(a) In General.--For each new United States embassy
compound (NEC) and new consulate compound project (NCC) in or
not yet in the design phase as of the date of the enactment
of this Act, the Department shall project growth over the
estimated life of the facility using all available and
relevant data, including the following:
(1) Relevant historical trends for Department personnel and
personnel from other agencies represented at the NEC or NCC
that is to be constructed.
(2) An analysis of the tradeoffs between risk and the needs
of United States Government policy conducted as part of the
most recent Vital Presence Validation Process, if applicable.
(3) Reasonable assumptions about the strategic importance
of the NEC or NCC, as the case may be, over the life of the
building at issue.
(4) Any other data that would be helpful in projecting the
future growth of NEC or NCC.
(b) Other Federal Agencies.--The head of each Federal
agency represented at a United States embassy or consulate
shall provide to the Secretary, upon request, growth
projections for the personnel of each such agency over the
estimated life of each embassy or consulate, as the case may
be.
(c) Basis for Estimates.--The Department shall base its
growth assumption for all NECs and NCCs on the estimates
required under subsections (a) and (b).
(d) Congressional Notification.--Any congressional
notification of site selection for a NEC or NCC submitted
after the date of the enactment of this Act shall include the
growth assumption used pursuant to subsection (c).
SEC. 5206. LONG-RANGE PLANNING PROCESS.
(a) Plans Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act and annually thereafter for 5
years, the Secretary shall develop--
(A) a comprehensive 6-year plan documenting the
Department's overseas building program for the replacement of
overseas diplomatic posts taking into account security
factors under the Secure Embassy Construction and
Counterterrorism Act of 1999 and other relevant statutes and
regulations, as well as occupational safety and health
factors pursuant to the Occupational Safety and Health Act of
1970 and other relevant statutes and regulations, including
environmental factors such as indoor air quality that impact
employee health and safety; and
(B) a comprehensive 6-year plan detailing the Department's
long-term planning for the maintenance and sustainment of
completed diplomatic posts, which takes into account security
factors under the Secure Embassy Construction and
Counterterrorism Act of 1999 and other relevant statutes and
regulations, as well as occupational safety and health
factors pursuant to the Occupational Safety and Health Act of
1970 and other relevant statutes and regulations, including
environmental factors such as indoor air quality that impact
employee health and safety.
(2) Initial report.--The first plan developed pursuant to
paragraph (1)(A) shall also include a one-time status report
on existing small diplomatic posts and a strategy for
establishing a physical diplomatic presence in countries in
which there is no current physical diplomatic presence. Such
report, which may include a classified annex, shall include
the following:
(A) A description of the extent to which each small
diplomatic post furthers the national interest of the United
States.
(B) A description of how each small diplomatic post
provides American Citizen Services, including data on
specific services provided and the number of Americans
receiving services over the previous year.
(C) A description of whether each small diplomatic post
meets current security requirements.
(D) A description of the full financial cost of maintaining
each small diplomatic post.
(E) Input from the relevant chiefs of mission on any unique
operational or policy value the small diplomatic post
provides.
(3) Updated information.--The annual updates of each of the
plans developed pursuant to paragraph (1) shall highlight any
changes from the previous year's plan to the ordering of
construction and maintenance projects.
(b) Reporting Requirements.--
(1) Submission of plans to congress.--Not later than 60
days after the completion of each plan required under
subsection (a), the Secretary shall submit the plans to the
appropriate congressional committees.
(2) Reference in budget justification materials.--In the
budget justification materials submitted to the appropriate
congressional committees in support of the Department's
budget for any fiscal year (as submitted with the budget of
the President under section 1105(a) of title 31, United
States Code), the plans required under subsection (a) shall
be referenced to justify funding requested for building and
maintenance projects overseas.
(3) Form of report.--Each report required under paragraph
(1) shall be submitted in unclassified form but may include a
classified annex.
(c) Small Diplomatic Post Defined.--In this section, the
term ``small diplomatic post'' means any United States
embassy or consulate that has employed five or fewer United
States Government employees on average over the 36 months
prior to the date of the enactment of this Act.
SEC. 5207. VALUE ENGINEERING AND RISK ASSESSMENT.
(a) Findings.--Congress makes the following findings:
(1) Federal departments and agencies are required to use
value engineering (VE) as a management tool, where
appropriate, to reduce program and acquisition costs pursuant
to OMB Circular A-131, Value Engineering, dated December 31,
2013.
(2) OBO has a Policy Directive and Standard Operation
Procedure, dated May 24, 2017, on conducting risk management
studies on all international construction projects.
(b) Notification Requirements.--
(1) Submission to authorizing committees.--The proposed
allocation of capital construction and maintenance funds that
is required by the Committees on Appropriations of the Senate
and the House of Representatives not later than 45 days after
the
[[Page H3477]]
date of the enactment of an Act making appropriations for the
Department of State, foreign operations, and related programs
shall also be submitted to the Committee on Foreign Relations
of the Senate and the Committee on Foreign Affairs of the
House of Representatives.
(2) Requirement to confirm completion of value engineering
and risk assessment studies.--The notifications required
under paragraph (1) shall include confirmation that the
Department has completed the requisite VE and risk management
studies described in subsection (a).
(c) Reporting and Briefing Requirements.--The Secretary
shall provide to the appropriate congressional committees
upon request--
(1) a description of each risk management study referred to
in subsection (a)(2) and a table detailing which
recommendations related to each such study were accepted and
which were rejected; and
(2) a report or briefing detailing the rationale for not
implementing any such recommendations that may otherwise
yield significant cost savings to the Department if
implemented.
SEC. 5208. BUSINESS VOLUME.
Section 402(c)(2)(E) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4852(c)(2)(E)) is
amended by striking ``in 3 years'' and inserting
``cumulatively over 3 years''.
SEC. 5209. EMBASSY SECURITY REQUESTS AND DEFICIENCIES.
The Secretary shall provide to the appropriate
congressional committees upon request information on security
deficiencies at United States diplomatic posts, including
relating to the following:
(1) Requests made over the previous year by United States
diplomatic posts for security upgrades.
(2) Significant security deficiencies at United States
diplomatic posts that are not operating out of a new embassy
compound or new consulate compound.
SEC. 5210. OVERSEAS SECURITY BRIEFINGS.
Not later than 1 year after the date of the enactment of
this Act, the Secretary shall revise the Foreign Affairs
Manual to stipulate that information on the current threat
environment shall be provided to all United States Government
employees under chief of mission authority traveling to a
foreign country on official business. To the extent
practicable, such material shall be provided to such
employees prior to their arrival at a United States
diplomatic post or as soon as possible thereafter.
SEC. 5211. CONTRACTING METHODS IN CAPITAL CONSTRUCTION.
(a) Delivery.--Unless the Secretary notifies the
appropriate congressional committees that the use of the
design-build project delivery method would not be
appropriate, the Secretary shall make use of such method at
United States diplomatic posts that have not yet received
design or capital construction contracts as of the date of
the enactment of this Act.
(b) Notification.--Before executing a contract for a
delivery method other than design-build in accordance with
subsection (a), the Secretary shall notify the appropriate
congressional committees in writing of the decision,
including the reasons therefor. The notification required by
this subsection may be included in any other report regarding
a new United States diplomatic post that is required to be
submitted to the appropriate congressional committees.
(c) Performance Evaluation.--Not later than 180 days after
the date of the enactment of this Act, the Secretary shall
report to the appropriate congressional committees regarding
performance evaluation measures in accordance with GAO's
``Standards for Internal Control in the Federal Government''
that will be applicable to design and construction, lifecycle
cost, and building maintenance programs of the Bureau of
Overseas Building Operations of the Department.
SEC. 5212. COMPETITION IN EMBASSY CONSTRUCTION.
Not later than 45 days after the date of the enactment of
this Act, the Secretary shall submit to the appropriate
congressional committee a report detailing steps the
Department is taking to expand the embassy construction
contractor base in order to increase competition and maximize
value.
SEC. 5213. STATEMENT OF POLICY.
It is the policy of the United States that the Bureau of
Overseas Building Operations of the Department or its
successor office shall continue to balance functionality and
security with accessibility, as defined by guidelines
established by the United States Access Board in constructing
embassies and consulates, and shall ensure compliance with
the Architectural Barriers Act of 1968 (42 U.S.C. 4151 et
seq.) to the fullest extent possible.
SEC. 5214. DEFINITIONS.
In this title:
(1) Design-build.--The term ``design-build'' means a method
of project delivery in which one entity works under a single
contract with the Department to provide design and
construction services.
(2) Non-standard design.--The term ``non-standard design''
means a design for a new embassy compound project or new
consulate compound project that does not utilize a
standardized design for the structural, spatial, or security
requirements of such embassy compound or consulate compound,
as the case may be.
TITLE III--PERSONNEL ISSUES
SEC. 5301. DEFENSE BASE ACT INSURANCE WAIVERS.
(a) Application for Waivers.--Not later than 30 days after
the date of the enactment of this Act, the Secretary shall
apply to the Department of Labor for a waiver from insurance
requirements under the Defense Base Act (42 U.S.C. 1651 et
seq.) for all countries with respect to which the requirement
was waived prior to January 2017, and for which there is not
currently a waiver.
(b) Certification Requirement.--Not later than 45 days
after the date of the enactment of this Act, the Secretary
shall certify to the appropriate congressional committees
that the requirement in subsection (a) has been met.
SEC. 5302. STUDY ON FOREIGN SERVICE ALLOWANCES.
(a) Report Required.--
(1) In general.--Not later than 270 days after date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report detailing an
empirical analysis on the effect of overseas allowances on
the foreign assignment of Foreign Service officers (FSOs), to
be conducted by a federally-funded research and development
center with appropriate expertise in labor economics and
military compensation.
(2) Contents.--The analysis required under paragraph (1)
shall--
(A) identify all allowances paid to FSOs assigned
permanently or on temporary duty to foreign areas;
(B) examine the efficiency of the Foreign Service bidding
system in determining foreign assignments;
(C) examine the factors that incentivize FSOs to bid on
particular assignments, including danger levels and hardship
conditions;
(D) examine the Department's strategy and process for
incentivizing FSOs to bid on assignments that are
historically in lower demand, including with monetary
compensation, and whether monetary compensation is necessary
for assignments in higher demand;
(E) make any relevant comparisons to military compensation
and allowances, noting which allowances are shared or based
on the same regulations;
(F) recommend options for restructuring allowances to
improve the efficiency of the assignments system and better
align FSO incentives with the needs of the Foreign Service,
including any cost savings associated with such
restructuring;
(G) recommend any statutory changes necessary to implement
subparagraph (F), such as consolidating existing legal
authorities for the provision of hardship and danger pay; and
(H) detail any effects of recommendations made pursuant to
subparagraphs (F) and (G) on other United States Government
departments and agencies with civilian employees permanently
assigned or on temporary duty in foreign areas, following
consultation with such departments and agencies.
(b) Briefing Requirement.--Before initiating the analysis
required under subsection (a)(1), and not later than 60 days
after the date of the enactment of this Act, the Secretary
shall provide to the Committee on Foreign Relations of the
Senate and the Committee on Foreign Affairs in the House of
Representatives a briefing on the implementation of this
section that includes the following:
(1) The name of the federally funded research and
development center that will conduct such analysis.
(2) The scope of such analysis and terms of reference for
such analysis as specified between the Department and such
federally funded research and development center.
(c) Availability of Information.--
(1) In general.--The Secretary shall make available to the
federally-funded research and development center carrying out
the analysis required under subsection (a)(1) all necessary
and relevant information to allow such center to conduct such
analysis in a quantitative and analytical manner, including
historical data on the number of bids for each foreign
assignment and any survey data collected by the Department
from eligible bidders on their bid decision-making.
(2) Cooperation.--The Secretary shall work with the heads
of other relevant United States Government departments and
agencies to ensure such departments and agencies provide all
necessary and relevant information to the federally-funded
research and development center carrying out the analysis
required under subsection (a)(1).
(d) Interim Report to Congress.--The Secretary shall
require that the chief executive officer of the federally-
funded research and development center that carries out the
analysis required under subsection (a)(1) submit to the
Committee on Foreign Relations of the Senate and the
Committee on Foreign Affairs of the House of Representatives
an interim report on such analysis not later than 120 days
after the date of the enactment of this Act.
SEC. 5303. SCIENCE AND TECHNOLOGY FELLOWSHIPS.
Section 504 of the Foreign Relations Authorization Act,
Fiscal Year 1979 (22 U.S.C. 2656d) is amended by adding at
the end the following new subsection:
``(e) Grants and Cooperative Agreements Related to Science
and Technology Fellowship Programs.--
``(1) In general.--The Secretary is authorized to make
grants or enter into cooperative agreements related to
Department of
[[Page H3478]]
State science and technology fellowship programs, including
for assistance in recruiting fellows and the payment of
stipends, travel, and other appropriate expenses to fellows.
``(2) Exclusion from consideration as compensation.--
Stipends under paragraph (1) shall not be considered
compensation for purposes of section 209 of title 18, United
States Code.
``(3) Maximum annual amount.--The total amount of grants
made pursuant to this subsection may not exceed $500,000 in
any fiscal year.''.
SEC. 5304. TRAVEL FOR SEPARATED FAMILIES.
Section 901(15) of the Foreign Service Act of 1980 (22
U.S.C. 4081(15)) is amended--
(1) in the matter preceding subparagraph (A), by striking
``1 round-trip per year for each child below age 21 of a
member of the Service assigned abroad'' and inserting ``in
the case of one or more children below age 21 of a member of
the Service assigned abroad, 1 round-trip per year'';
(2) in subparagraph (A)--
(A) by inserting ``for each child'' before ``to visit the
member abroad''; and
(B) by striking ``; or'' and inserting a comma;
(3) in subparagraph (B)--
(A) by inserting ``for each child'' before ``to visit the
other parent''; and
(B) by inserting ``or'' after ``resides,'';
(4) by inserting after subparagraph (B) the following new
subparagraph:
``(C) for one of the child's parents to visit the child or
children abroad if the child or children do not regularly
reside with that parent and that parent is not receiving an
education allowance or educational travel allowance for the
child or children under section 5924(4) of title 5, United
States Code,''; and
(5) in the matter following subparagraph (C), as added by
paragraph (4) of this section, by striking ``a payment'' and
inserting ``the cost of round-trip travel''.
SEC. 5305. HOME LEAVE TRAVEL FOR SEPARATED FAMILIES.
Section 903(b) of the Foreign Service Act of 1980 (22
U.S.C. 4083(b)) is amended by adding at the end the following
new sentence: ``In cases in which the family members of a
member of the Service reside apart from the member at
authorized locations outside the United States because they
are prevented by official order from residing with the member
at post, the member may take the leave ordered under this
section where that member's family members reside,
notwithstanding section 6305 of title 5, United States
Code.''.
SEC. 5306. SENSE OF CONGRESS REGARDING CERTAIN FELLOWSHIP
PROGRAMS.
It is the sense of Congress that Department fellowships
that promote the employment of candidates belonging to under-
represented groups, including the Charles B. Rangel
International Affairs Graduate Fellowship Program, the Thomas
R. Pickering Foreign Affairs Fellowship Program, and the
Donald M. Payne International Development Fellowship Program,
represent smart investments vital for building a strong,
capable, and representative national security workforce.
SEC. 5307. TECHNICAL CORRECTION.
Subparagraph (A) of section 601(c)(6) of the Foreign
Service Act of 1980 (22 U.S.C. 4001(c)(6)) is amended, in the
matter preceding clause (i), by--
(1) striking ``promotion'' and inserting ``promotion, on or
after January 1, 2017,''; and
(2) striking ``individual joining the Service on or after
January 1, 2017,'' and inserting ``Foreign Service officer,
appointed under section 302(a)(1), who has general
responsibility for carrying out the functions of the
Service''.
SEC. 5308. FOREIGN SERVICE AWARDS.
(a) In General.--Section 614 of the Foreign Service Act of
1980 (22 U.S.C. 4013) is amended--
(1) by amending the section heading to read as follows:
``department awards''; and
(2) in the first sentence, by inserting ``or Civil
Service'' after ``the Service''.
(b) Conforming Amendment.--The item relating to section 614
in the table of contents of the Foreign Service Act of 1980
is amended to read as follows:
``Sec. 614. Department awards.''.
SEC. 5309. DIPLOMATIC PROGRAMS.
(a) Sense of Congress on Workforce Recruitment.--It is the
sense of Congress that the Secretary should continue to hold
entry-level classes for Foreign Service officers and
specialists and continue to recruit civil servants through
programs such as the Presidential Management Fellows Program
and Pathways Internship Programs in a manner and at a
frequency consistent with prior years and consistent with the
need to maintain a pool of experienced personnel effectively
distributed across skill codes and ranks. It is further the
sense of Congress that absent continuous recruitment and
training of Foreign Service officers and civil servants, the
Department will lack experienced, qualified personnel in the
short, medium, and long terms.
(b) Limitation.--The Secretary may not implement any
reduction-in-force action under section 3502 or 3595 of title
5, United States Code, or for any incentive payments for
early separation or retirement under any other provision of
law unless--
(1) the appropriate congressional committees are notified
not less than 15 days in advance of such obligation or
expenditure; and
(2) the Secretary has provided to the appropriate
congressional committees a detailed report that describes the
Department's strategic staffing goals, including--
(A) a justification that describes how any proposed
workforce reduction enhances the effectiveness of the
Department;
(B) a certification that such workforce reduction is in the
national interest of the United States;
(C) a comprehensive strategic staffing plan for the
Department, including 5-year workforce forecasting and a
description of the anticipated impact of any proposed
workforce reduction; and
(D) a dataset displaying comprehensive workforce data for
all current and planned employees of the Department,
disaggregated by--
(i) Foreign Service officer and Foreign Service specialist
rank;
(ii) civil service job skill code, grade level, and bureau
of assignment;
(iii) contracted employees, including the equivalent job
skill code and bureau of assignment; and
(iv) employees hired under schedule C of subpart C of part
213 of title 5, Code of Federal Regulations, including their
equivalent grade and job skill code and bureau of assignment.
SEC. 5310. SENSE OF CONGRESS REGARDING VETERANS EMPLOYMENT AT
THE DEPARTMENT OF STATE.
It is the sense of Congress that--
(1) the Department should continue to promote the
employment of veterans, in accordance with section 301 of the
Foreign Service Act of 1980 (22 U.S.C. 3941), as amended by
section 405 of this Act, including those veterans belonging
to traditionally underrepresented groups at the Department;
(2) veterans employed by the Department have made
significant contributions to United States foreign policy in
a variety of regional and global affairs bureaus and
diplomatic posts overseas; and
(3) the Department should continue to encourage veteran
employment and facilitate their participation in the
workforce.
SEC. 5311. EMPLOYEE ASSIGNMENT RESTRICTIONS AND PRECLUSIONS.
(a) Sense of Congress.--It is the sense of Congress that
the Department should expand the appeal process it makes
available to employees related to assignment preclusions and
restrictions.
(b) Appeal of Assignment Restriction or Preclusion.--
Section 502(a)(2) of the Foreign Service Act of 1980 (22
U.S.C. 3982(a)(2)), as amended by section 111 of this Act, is
further amended by adding at the end the following new
sentences: ``Any employee subjected to an assignment
restriction or preclusion shall have the same appeal rights
as provided by the Department regarding denial or revocation
of a security clearance. Any such appeal shall be resolved
not later than 60 days after such appeal is filed.''.
(c) Notice and Certification.--Not later than 90 days after
the date of the enactment of this Act, the Secretary shall
revise, and certify to the appropriate congressional
committees regarding such revision, the Foreign Affairs
Manual guidance regarding denial or revocation of a security
clearance to expressly state that all review and appeal
rights relating thereto shall also apply to any
recommendation or decision to impose an assignment
restriction or preclusion to an employee.
SEC. 5312. RECALL AND REEMPLOYMENT OF CAREER MEMBERS.
(a) Sense of Congress.--It is the sense of Congress that--
(1) career Department employees provide invaluable service
to the United States as nonpartisan professionals who
contribute subject matter expertise and professional skills
to the successful development and execution of United States
foreign policy; and
(2) reemployment of skilled former members of the Foreign
and civil service who have voluntarily separated from the
Foreign or civil service due to family reasons or to obtain
professional skills outside government is of benefit to the
Department.
(b) Reemployment.--Subsection (b) of section 308 of the
Foreign Service Act of 1980 (22 U.S.C. 3948) is amended by
adding at the end the following new sentence: ``Former career
tenured members of the Service seeking reappointment, if
separated for other than cause for up to 4 years prior to the
date of the enactment of this sentence, shall be eligible to
participate in the regular assignment bidding process without
restriction and shall not be required to accept a directed
first assignment upon reappointment.''.
(c) Notice of Employment Opportunities.--
(1) In general.--Title 5, United States Code, is amended by
inserting after chapter 102 the following new chapter:
``CHAPTER 103--NOTICE OF EMPLOYMENT OPPORTUNITIES FOR DEPARTMENT OF
STATE AND USAID POSITIONS
``Sec. 10301. Notice of employment opportunities for
department of state and usaid positions
``To ensure that individuals who have separated from the
Department of State or the United States Agency for
International Development and who are eligible for
reappointment are aware of such opportunities, the Department
of State and the United States Agency for International
Development shall publicize notice of all employment
opportunities, including positions for which the relevant
agency is accepting applications from individuals within the
agency's workforce under merit promotion procedures, on
publicly accessible sites, including
[[Page H3479]]
www.usajobs.gov. If using merit promotion procedures, the
notice shall expressly state that former employees eligible
for reinstatement may apply.''.
(2) Clerical amendment.--The table of sections for subpart
I of title 5, United States Code, is amended by adding at the
end the following:
``10301. Notice of employment opportunities for Department of State and
USAID positions''.
SEC. 5313. STRATEGIC STAFFING PLAN FOR THE DEPARTMENT.
(a) In General.--Not later than 18 months after the date of
the enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a comprehensive 5-year
strategic staffing plan for the Department that is aligned
with and furthers the objectives of the National Security
Strategy of the United States of America issued in December
2017, or any subsequent strategy issued not later than 18
months after the date of the enactment of this Act, which
shall include the following:
(1) A dataset displaying comprehensive workforce data,
including all shortages in bureaus described in GAO report
GAO-19-220, for all current and planned employees of the
Department, disaggregated by--
(A) Foreign Service officer and Foreign Service specialist
rank;
(B) civil service job skill code, grade level, and bureau
of assignment;
(C) contracted employees, including the equivalent job
skill code and bureau of assignment; and
(D) employees hired under schedule C of subpart C of part
213 of title 5, Code of Federal Regulations, including the
equivalent grade and job skill code and bureau of assignment
of such employee.
(2) Recommendations on the number of Foreign Service
officers disaggregated by service cone that should be posted
at each United States diplomatic post and in the District of
Columbia, with a detailed basis for such recommendations.
(3) Recommendations on the number of civil service officers
that should be employed by the Department, with a detailed
basis for such recommendations.
(b) Maintenance.--The dataset required under subsection
(a)(1) shall be maintained and updated on a regular basis.
(c) Consultation.--The Secretary shall lead the development
of the plan required under subsection (a) but may consult or
partner with private sector entities with expertise in labor
economics, management, or human resources, as well as
organizations familiar with the demands and needs of the
Department's workforce.
(d) Report.--Not later than 120 days after the date of the
enactment of this Act, the Secretary of State shall submit to
the appropriate congressional committees a report regarding
root causes of Foreign Service and civil service shortages,
the effect of such shortages on national security objectives,
and the Department's plan to implement recommendations
described in GAO-19-220.
SEC. 5314. CONSULTING SERVICES.
(a) In General.--Chapter 103 of title 5, United States
Code, as added by section 5312 of this Act, is amended by
adding at the end the following:
``Sec. 10302. Consulting services for the Department of State
``Any consulting service obtained by the Department of
State through procurement contract pursuant to section 3109
of title 5, United States Code, shall be limited to those
contracts with respect to which expenditures are a matter of
public record and available for public inspection, except if
otherwise provided under existing law, or under existing
Executive order issued pursuant to existing law.''.
(b) Clerical Amendment.--The table of sections for subpart
I of title 5, United States Code, is amended by adding after
the item relating to section 10302 the following new item:
``10302. Consulting services for the Department of State''.
SEC. 5315. INCENTIVES FOR CRITICAL POSTS.
Section 1115(d) of the Supplemental Appropriations Act,
2009 (Public Law 111-32) is amended by striking the last
sentence.
SEC. 5316. EXTENSION OF AUTHORITY FOR CERTAIN ACCOUNTABILITY
REVIEW BOARDS.
Section 301(a)(3) of the Omnibus Diplomatic Security and
Antiterrorism Act of 1986 (22 U.S.C. 4831(a)(3)) is amended--
(1) in the heading, by striking ``afghanistan and'' and
inserting ``afghanistan, yemen, syria, and''; and
(2) in subparagraph (A)--
(A) in clause (i), by striking ``Afghanistan or'' and
inserting ``Afghanistan, Yemen, Syria, or''; and
(B) in clause (ii), by striking ``beginning on October 1,
2005, and ending on September 30, 2009'' and inserting
``beginning on October 1, 2020, and ending on September 30,
2022''.
SEC. 5317. FOREIGN SERVICE SUSPENSION WITHOUT PAY.
Subsection (c) of section 610 of the Foreign Service Act of
1980 (22 U.S.C. 4010) is amended--
(1) in paragraph (1), in the matter preceding subparagraph
(A), by striking ``suspend'' and inserting ``indefinitely
suspend without duties'';
(2) by redesignating paragraph (5) as paragraph (7);
(3) by inserting after paragraph (4) the following new
paragraphs:
``(5) Any member of the Service suspended from duties under
this subsection may be suspended without pay only after a
final written decision is provided to such member under
paragraph (2).
``(6) If no final written decision under paragraph (2) has
been provided within 1 calendar year of the date the
suspension at issue was proposed, not later than 30 days
thereafter the Secretary of State shall report to the
Committee on Foreign Affairs of the House of Representatives
and the Committee on Foreign Relations of the Senate in
writing regarding the specific reasons for such delay.''; and
(4) in paragraph (7), as so redesignated--
(A) by striking ``(7) In this subsection:'';
(B) in subparagraph (A), by striking ``(A) The term'' and
inserting the following:
``(7) In this subsection, the term'';
(C) by striking subparagraph (B) (relating to the
definition of ``suspend'' and ``suspension''); and
(D) by redesignating clauses (i) and (ii) as subparagraphs
(A) and (B), respectively; and moving such subparagraphs 2
ems to the left.
SEC. 5318. FOREIGN AFFAIRS MANUAL AND FOREIGN AFFAIRS
HANDBOOK CHANGES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act and every 180 days thereafter for 5
years, the Secretary shall submit to the appropriate
congressional committees a report detailing all changes made
to the Foreign Affairs Manual or the Foreign Affairs
Handbook.
(b) Covered Periods.--The first report required under
subsection (a) shall cover the 5-year period preceding the
submission of such report. Each subsequent report shall cover
the 180 day period preceding submission.
(c) Contents.--Each report required under subsection (a)
shall contain the following:
(1) The location within the Foreign Affairs Manual or the
Foreign Affairs Handbook where a change has been made.
(2) The statutory basis for each such change.
(3) A side-by-side comparison of the Foreign Affairs Manual
or Foreign Affairs Handbook before and after such change.
(4) A summary of such changes displayed in spreadsheet
form.
SEC. 5319. WAIVER AUTHORITY FOR INDIVIDUAL OCCUPATIONAL
REQUIREMENTS OF CERTAIN POSITIONS.
The Secretary of State may waive any or all of the
individual occupational requirements with respect to an
employee or prospective employee of the Department of State
for a civilian position categorized under the GS-0130
occupational series if the Secretary determines that the
individual possesses significant scientific, technological,
engineering, or mathematical expertise that is integral to
performing the duties of the applicable position, based on
demonstrated job performance and qualifying experience. With
respect to each waiver granted under this subsection, the
Secretary shall set forth in a written document that is
transmitted to the Director of the Office of Personnel
Management the rationale for the decision of the Secretary to
waive such requirements.
SEC. 5320. APPOINTMENT OF EMPLOYEES TO THE GLOBAL ENGAGEMENT
CENTER.
The Secretary may appoint, for a 3-year period that may be
extended for up to an additional 2 years, solely to carry out
the functions of the Global Engagement Center, employees of
the Department without regard to the provisions of title 5,
United States Code, governing appointment in the competitive
service, and may fix the basic compensation of such employees
without regard to chapter 51 and subchapter III of chapter 53
of such title.
SEC. 5321. REST AND RECUPERATION AND OVERSEAS OPERATIONS
LEAVE FOR FEDERAL EMPLOYEES.
(a) In General.--Subchapter II of chapter 63 of title 5,
United States Code, is amended by adding at the end the
following new sections:
``Sec. 6329d. Rest and recuperation leave
``(a) Definitions.--In this section--
``(1) the term `agency' means an Executive agency (as that
term is defined in section 105), but does not include the
Government Accountability Office;
``(2) the term `combat zone' means a geographic area
designated by an Executive order of the President as an area
in which the Armed Forces are engaging or have engaged in
combat, an area designated by law to be treated as a combat
zone, or a location the Department of Defense has certified
for combat zone tax benefits due to its direct support of
military operations;
``(3) the term `employee' has the meaning given that term
in section 6301;
``(4) the term `high risk, high threat post' has the
meaning given that term in section 104 of the Omnibus
Diplomatic Security and Antiterrorism Act of 1986 (22 U.S.C.
4803); and
``(5) the term `leave year' means the period beginning on
the first day of the first complete pay period in a calendar
year and ending on the day immediately before the first day
of the first complete pay period in the following calendar
year.
``(b) Leave for Rest and Recuperation.--The head of an
agency may prescribe regulations to grant up to 20 days of
paid leave, per leave year, for the purposes of rest and
recuperation to an employee of the agency serving in a combat
zone, any other high risk, high threat post, or any other
location presenting significant security or operational
challenges.
``(c) Discretionary Authority of Agency Head.--Use of the
authority under subsection (b) is at the sole and exclusive
discretion of the head of the agency concerned.
[[Page H3480]]
``(d) Records.--An agency shall record leave provided under
this section separately from leave authorized under any other
provision of law.
``Sec. 6329e. Overseas operations leave
``(a) Definitions.--In this section--
``(1) the term `agency' means an Executive agency (as that
term is defined in section 105), but does not include the
Government Accountability Office;
``(2) the term `employee' has the meaning given that term
in section 6301; and
``(3) the term `leave year' means the period beginning with
the first day of the first complete pay period in a calendar
year and ending with the day immediately before the first day
of the first complete pay period in the following calendar
year.
``(b) Leave for Overseas Operations.--The head of an agency
may prescribe regulations to grant up to 10 days of paid
leave, per leave year, to an employee of the agency serving
abroad where the conduct of business could pose potential
security or safety related risks or would be inconsistent
with host-country practice. Such regulations may provide that
additional leave days may be granted during such leave year
if the head of the agency determines that to do so is
necessary to advance the national security or foreign policy
interests of the United States.
``(c) Discretionary Authority of Agency Head.--Use of the
authority under subsection (b) is at the sole and exclusive
discretion of the head of the agency concerned.
``(d) Records.--An agency shall record leave provided under
this section separately from leave authorized under any other
provision of law.''.
(b) Clerical Amendments.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 6329c the following new items:
``6329d. Rest and recuperation leave
``6329e. Overseas operations leave''.
TITLE IV--A DIVERSE WORKFORCE: RECRUITMENT, RETENTION, AND PROMOTION
SEC. 5401. DEFINITIONS.
In this title:
(1) Applicant flow data.--The term ``applicant flow data''
means data that tracks the rate of applications for job
positions among demographic categories.
(2) Demographic data.--The term ``demographic data'' means
facts or statistics relating to the demographic categories
specified in the Office of Management and Budget statistical
policy directive entitled ``Standards for Maintaining,
Collecting, and Presenting Federal Data on Race and
Ethnicity'' (81 Fed. Reg. 67398).
(3) Diversity.--The term ``diversity'' means those classes
of persons protected under the Civil Rights Act of 1964 (42
U.S.C. 2000a et seq.) and the Americans with Disabilities Act
of 1990 (42 U.S.C. 12101 et seq.).
(4) Workforce.--The term ``workforce'' means--
(A) individuals serving in a position in the civil service
(as defined in section 2101 of title 5, United States Code);
(B) individuals who are members of the Foreign Service (as
defined in section 103 of the Foreign Service Act of 1980 (22
U.S.C. 3902));
(C) all individuals serving under a personal services
agreement or personal services contract;
(D) all individuals serving under a Foreign Service Limited
appointment under section 309 of the Foreign Service Act of
1980; or
(E) individuals working in the Department of State under
any other authority.
SEC. 5402. COLLECTION, ANALYSIS, AND DISSEMINATION OF
WORKFORCE DATA.
(a) Initial Report.--Not later than 180 days after the date
of the enactment of this Act, the Secretary shall, in
consultation with the Director of the Office of Personnel
Management and the Director of the Office of Management and
Budget, submit to the appropriate congressional committees a
report, which shall also be posted on a publicly available
website of the Department in a searchable database format,
that includes disaggregated demographic data and other
information regarding the diversity of the workforce of the
Department.
(b) Data.--The report under subsection (a) shall include
the following data:
(1) Demographic data on each element of the workforce of
the Department, disaggregated by rank and grade or grade-
equivalent, with respect to the following groups:
(A) Applicants for positions in the Department.
(B) Individuals hired to join the workforce.
(C) Individuals promoted during the 2-year period ending on
the date of the enactment of this Act, including promotions
to and within the Senior Executive Service or the Senior
Foreign Service.
(D) Individuals serving on applicable selection boards.
(E) Members of any external advisory committee or board who
are subject to appointment by individuals at senior positions
in the Department.
(F) Individuals participating in professional development
programs of the Department, and the extent to which such
participants have been placed into senior positions within
the Department after such participation.
(G) Individuals participating in mentorship or retention
programs.
(H) Individuals who separated from the agency during the 2-
year period ending on the date of the enactment of this Act,
including individuals in the Senior Executive Service or the
Senior Foreign Service.
(2) An assessment of agency compliance with the essential
elements identified in Equal Employment Opportunity
Commission Management Directive 715, effective October 1,
2003.
(3) Data on the overall number of individuals who are part
of the workforce, the percentages of such workforce
corresponding to each element listed in section 5401(4), and
the percentages corresponding to each rank, grade, or grade-
equivalent.
(c) Recommendation.--The Secretary may include in the
report under subsection (a) a recommendation to the Director
of Office of Management and Budget and to the appropriate
congressional committees regarding whether the Department
should collect more detailed data on demographic categories
in addition to the race and ethnicity categories specified in
the Office of Management and Budget statistical policy
directive entitled ``Standards for Maintaining, Collecting,
and Presenting Federal Data on Race and Ethnicity'' (81 Fed.
Reg. 67398).
(d) Other Contents.--The report under subsection (a) shall
also describe and assess the effectiveness of the efforts of
the Department--
(1) to propagate fairness, impartiality, and inclusion in
the work environment, both domestically and abroad;
(2) to enforce anti-harassment and anti-discrimination
policies, both domestically and at posts overseas;
(3) to refrain from engaging in unlawful discrimination in
any phase of the employment process, including recruitment,
hiring, evaluation, assignments, promotion, retention, and
training;
(4) to prevent illegal retaliation against employees for
participating in a protected equal employment opportunity
activity or for reporting sexual harassment or sexual
assault;
(5) to provide reasonable accommodation for qualified
employees and applicants with disabilities; and
(6) to recruit a representative workforce by--
(A) recruiting women and minorities;
(B) recruiting at women's colleges, historically Black
colleges and universities, minority-serving institutions, and
other institutions serving a significant percentage of
minority students;
(C) placing job advertisements in newspapers, magazines,
and job sites oriented toward women and minorities;
(D) sponsoring and recruiting at job fairs in urban and
rural communities and land-grant colleges or universities;
(E) providing opportunities through the Foreign Service
Internship Program under chapter 12 of the Foreign Service
Act of 1980 (22 U.S.C. 4141 et seq.) and other hiring
initiatives;
(F) recruiting mid-level and senior-level professionals
through programs designed to increase minority representation
in international affairs;
(G) offering the Foreign Service written and oral
assessment examinations in several locations throughout the
United States to reduce the burden of applicants having to
travel at their own expense to take either or both such
examinations;
(H) expanding the use of paid internships; and
(I) supporting recruiting and hiring opportunities
through--
(i) the Charles B. Rangel International Affairs Fellowship
Program;
(ii) the Thomas R. Pickering Foreign Affairs Fellowship
Program;
(iii) the Donald M. Payne International Development
Fellowship Program; and
(iv) other initiatives, including agency-wide policy
initiatives.
(e) Annual Updates.--Not later than 1 year after the
publication of the report required under subsection (a) and
annually thereafter for the following 5 years, the Secretary
shall work with the Director of the Office of Personnel
Management and the Director of the Office of Management and
Budget to provide a report to the appropriate congressional
committees, which shall be posted on the Department's
website, which may be included in another annual report
required under another provision of law, that includes--
(1) disaggregated demographic data relating to the
workforce and information on the status of diversity and
inclusion efforts of the Department;
(2) an analysis of applicant flow data; and
(3) disaggregated demographic data relating to participants
in professional development programs of the Department and
the rate of placement into senior positions for participants
in such programs.
SEC. 5403. EXIT INTERVIEWS FOR WORKFORCE.
(a) Retained Members.--The Director General of the Foreign
Service and the Director of Human Resources of the Department
shall conduct periodic interviews with a representative and
diverse cross-section of the workforce of the Department--
(1) to understand the reasons of individuals in such
workforce for remaining in a position in the Department; and
(2) to receive feedback on workplace policies, professional
development opportunities, and other issues affecting the
decision of individuals in the workforce to remain in the
Department.
(b) Departing Members.--The Director General of the Foreign
Service and the Director of Human Resources shall provide an
[[Page H3481]]
opportunity for an exit interview to each individual in the
workforce of the Department who separates from service with
the Department to better understand the reasons of such
individual for leaving such service.
(c) Use of Analysis From Interviews.--The Director General
of the Foreign Service and the Director of Human Resources
shall analyze demographic data and other information obtained
through interviews under subsections (a) and (b) to
determine--
(1) to what extent, if any, the diversity of those
participating in such interviews impacts the results; and
(2) whether to implement any policy changes or include any
recommendations in a report required under subsection (a) or
(e) of section 5402 relating to the determination reached
pursuant to paragraph (1).
(d) Tracking Data.--The Department shall--
(1) track demographic data relating to participants in
professional development programs and the rate of placement
into senior positions for participants in such programs;
(2) annually evaluate such data--
(A) to identify ways to improve outreach and recruitment
for such programs, consistent with merit system principles;
and
(B) to understand the extent to which participation in any
professional development program offered or sponsored by the
Department differs among the demographic categories of the
workforce; and
(3) actively encourage participation from a range of
demographic categories, especially from categories with
consistently low participation, in such professional
development programs.
SEC. 5404. RECRUITMENT AND RETENTION.
(a) In General.--The Secretary shall--
(1) continue to seek a diverse and talented pool of
applicants; and
(2) instruct the Director General of the Foreign Service
and the Director of the Bureau of Human Resources of the
Department to have a recruitment plan of action for the
recruitment of people belonging to traditionally under-
represented groups, which should include outreach at
appropriate colleges, universities, affinity groups, and
professional associations.
(b) Scope.--The diversity recruitment initiatives described
in subsection (a) shall include--
(1) recruiting at women's colleges, historically Black
colleges and universities, minority-serving institutions, and
other institutions serving a significant percentage of
minority students;
(2) placing job advertisements in newspapers, magazines,
and job sites oriented toward diverse groups;
(3) sponsoring and recruiting at job fairs in urban and
rural communities and land-grant colleges or universities;
(4) providing opportunities through highly respected,
international leadership programs, that focus on diversity
recruitment and retention;
(5) expanding the use of paid internships; and
(6) cultivating partnerships with organizations dedicated
to the advancement of the profession of international affairs
and national security to advance shared diversity goals.
(c) Expand Training on Anti-Harassment and Anti-
Discrimination.--
(1) In general.--The Secretary shall, through the Foreign
Service Institute and other educational and training
opportunities--
(A) ensure the provision to all individuals in the
workforce of training on anti-harassment and anti-
discrimination information and policies, including in
existing Foreign Service Institute courses or modules
prioritized in the Department's Diversity and Inclusion
Strategic Plan for 2016-2020 to promote diversity in Bureau
awards or mitigate unconscious bias;
(B) expand the provision of training on workplace rights
and responsibilities to focus on anti-harassment and anti-
discrimination information and policies, including policies
relating to sexual assault prevention and response; and
(C) make such expanded training mandatory for--
(i) individuals in senior and supervisory positions;
(ii) individuals having responsibilities related to
recruitment, retention, or promotion of employees; and
(iii) any other individual determined by the Department who
needs such training based on analysis by the Department or
OPM analysis.
(2) Best practices.--The Department shall give special
attention to ensuring the continuous incorporation of
research-based best practices in training provided under this
subsection.
SEC. 5405. LEADERSHIP ENGAGEMENT AND ACCOUNTABILITY.
(a) Reward and Recognize Efforts To Promote Diversity and
Inclusion.--
(1) In general.--The Secretary shall implement performance
and advancement requirements that reward and recognize the
efforts of individuals in senior positions and supervisors in
the Department in fostering an inclusive environment and
cultivating talent consistent with merit system principles,
such as through participation in mentoring programs or
sponsorship initiatives, recruitment events, and other
similar opportunities.
(2) Outreach events.--The Secretary shall create
opportunities for individuals in senior positions and
supervisors in the Department to participate in outreach
events and to discuss issues relating to diversity and
inclusion with the workforce on a regular basis, including
with employee resource groups.
(b) External Advisory Committees and Boards.--For each
external advisory committee or board to which individuals in
senior positions in the Department appoint members, the
Secretary is strongly encouraged by Congress to ensure such
external advisory committee or board is developed, reviewed,
and carried out by qualified teams that represent the
diversity of the organization.
SEC. 5406. PROFESSIONAL DEVELOPMENT OPPORTUNITIES AND TOOLS.
(a) Expand Provision of Professional Development and Career
Advancement Opportunities.--
(1) In general.--The Secretary is authorized to expand
professional development opportunities that support the
mission needs of the Department, such as--
(A) academic programs;
(B) private-public exchanges; and
(C) detail assignments to relevant positions in--
(i) private or international organizations;
(ii) State, local, and Tribal governments;
(iii) other branches of the Federal Government; or
(iv) professional schools of international affairs.
(2) Training for senior positions.--
(A) In general.--The Secretary shall offer, or sponsor
members of the workforce to participate in, a Senior
Executive Service candidate development program or other
program that trains members on the skills required for
appointment to senior positions in the Department.
(B) Requirements.--In determining which members of the
workforce are granted professional development or career
advancement opportunities under subparagraph (A), the
Secretary shall--
(i) ensure any program offered or sponsored by the
Department under such subparagraph comports with the
requirements of subpart C of part 412 of title 5, Code of
Federal Regulations, or any successor thereto, including
merit staffing and assessment requirements;
(ii) consider the number of expected vacancies in senior
positions as a factor in determining the number of candidates
to select for such programs;
(iii) understand how participation in any program offered
or sponsored by the Department under such subparagraph
differs by gender, race, national origin, disability status,
or other demographic categories; and
(iv) actively encourage participation from a range of
demographic categories, especially from categories with
consistently low participation.
SEC. 5407. EXAMINATION AND ORAL ASSESSMENT FOR THE FOREIGN
SERVICE.
(a) Sense of Congress.--It is the sense of Congress that
the Department should offer both the Foreign Service written
examination and oral assessment in more locations throughout
the United States. Doing so would ease the financial burden
on potential candidates who do not currently reside in and
must travel at their own expense to one of the few locations
where these assessments are offered.
(b) Foreign Service Examinations.--Section 301(b) of the
Foreign Service Act of 1980 (22 U.S.C. 3941) is amended--
(1) by striking ``The Secretary'' and inserting: ``(1) The
Secretary''; and
(2) by adding at the end the following new paragraph:
``(2) The Secretary shall ensure that the Board of
Examiners for the Foreign Service annually offers the oral
assessment examinations described in paragraph (1) in cities,
chosen on a rotating basis, located in at least three
different time zones across the United States.''.
SEC. 5408. PAYNE FELLOWSHIP AUTHORIZATION.
(a) In General.--Undergraduate and graduate components of
the Donald M. Payne International Development Fellowship
Program may conduct outreach to attract outstanding students
with an interest in pursuing a Foreign Service career who
represent diverse ethnic and socioeconomic backgrounds.
(b) Review of Past Programs.--The Secretary shall review
past programs designed to increase minority representation in
international affairs positions.
SEC. 5409. VOLUNTARY PARTICIPATION.
(a) In General.--Nothing in this title should be construed
so as to compel any employee to participate in the collection
of the data or divulge any personal information. Department
employees shall be informed that their participation in the
data collection contemplated by this title is voluntary.
(b) Privacy Protection.--Any data collected under this
title shall be subject to the relevant privacy protection
statutes and regulations applicable to Federal employees.
TITLE V--INFORMATION SECURITY
SEC. 5501. DEFINITIONS.
In this title:
(1) Information system.--The term ``information system''
has the meaning given such term in section 3502 of title 44,
United States Code.
(2) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3(4)
of the National Security Act of 1947 (50 U.S.C. 3003(4)).
(3) Relevant congressional committees.--The term ``relevant
congressional committees'' means--
[[Page H3482]]
(A) the appropriate congressional committees;
(B) the Select Committee on Intelligence of the Senate; and
(C) the Permanent Select Committee on Intelligence of the
House of Representatives.
SEC. 5502. INFORMATION SYSTEM SECURITY.
(a) Definitions.--In this section:
(1) Incident.--The term ``incident'' has the meaning given
such term in section 3552(b) of title 44, United States Code.
(2) Penetration test.--The term ``penetration test'' means
a test methodology in which assessors attempt to circumvent
or defeat the security features of an information system.
(b) Consultations Process.--Not later than 60 days after
the date of the enactment of this Act, the Secretary shall
establish a process for conducting semiannual consultations
with the Secretary of Defense, the Director of National
Intelligence, the Secretary of Homeland Security, and any
other department or agency representative who the Secretary
determines to be appropriate regarding the security of United
States Government and nongovernmental information systems
used or operated by the Department, a contractor of the
Department, or another organization on behalf of the
Department, including any such systems or networks
facilitating the use of sensitive or classified information.
(c) Independent Penetration Testing of Information
Systems.--In coordination with the consultations under
subsection (b), the Secretary shall commission independent,
semiannual penetration tests, which shall be carried out by
an appropriate Federal department or agency other than the
Department, such as the Department of Homeland Security or
the National Security Agency, to ensure that adequate
policies and protections are implemented to detect and
prevent penetrations or compromises of such information
systems, including malicious intrusions by any unauthorized
individual, state actor, or other entity.
(d) Waiver.--The Secretary may waive the requirement under
subsection (c) for up to 1 year if the Secretary--
(1) determines that such requirement would have adverse
effects on national security or the diplomatic mission of the
Department; and
(2) not later than 30 days after the commencement of such a
determination, submits to the relevant congressional
committees a written justification that describes how such
penetration tests would undermine national security or the
diplomatic mission of the Department.
(e) Incident Reporting.--Not later than 180 days after the
date of the enactment of this Act and annually thereafter for
3 years, the Secretary, in consultation with the Secretary of
Defense, the Director of the National Intelligence, the
Secretary of Homeland Security, and any other department or
agency representative who the Secretary determines to be
appropriate, shall securely submit to the relevant
congressional committees a classified report that describes
in detail the following:
(1) For the first reporting period, all known and suspected
incidents affecting the information systems specified in
subsection (b) that occurred during the 180-day period
immediately preceding the date of the enactment of this Act.
(2) For all subsequent reporting periods, all known and
suspected incidents affecting the information systems
specified in subsection (b) that occurred since the
submission of the most recent report.
(f) Contents.--Each report under subsection (e) shall
include, for the relevant reporting period, a summary
overview addressing the following:
(1) A description of the relevant information system, as
specified in subsection (b), that experienced a known or
suspected incident.
(2) An assessment of the date and time each such incident
occurred or was suspected to have occurred.
(3) An assessment of the duration over which each such
incident took place or is suspected of having taken place,
including whether such incident is ongoing.
(4) An assessment of the volume and sensitivity of
information accessed, compromised, or potentially compromised
by each incident, including any such information contained on
information systems owned, operated, managed, or utilized by
any other Federal department or agency.
(5) An assessment of whether such information system was
compromised by such incident, including an assessment of the
following:
(A) The known or suspected perpetrators, including state
actors.
(B) The methods used to carry out the incident.
(C) The known or suspected intent of the actors in
accessing the information system.
(6) A description of the actions the Department has taken
or plans to take, including timelines and descriptions of any
progress on plans described in prior reports, to prevent
future, similar incidents affecting such information systems.
SEC. 5503. PROHIBITION ON CONTRACTING WITH CERTAIN
TELECOMMUNICATIONS PROVIDERS.
(a) List of Covered Contractors.--Not later than 30 days
after the date of the enactment of this Act, the Secretary,
in consultation with the Director of National Intelligence,
shall develop or maintain, as the case may be, and update as
frequently as the Secretary determines appropriate, a list of
covered contractors with respect to which the prohibition
specified in subsection (b) shall apply. Not later than 30
days after the initial development of the list under this
subsection, any update thereto, and annually thereafter for 5
years after such initial 30 day period, the Secretary shall
submit to the appropriate congressional committees a copy of
such list.
(b) Prohibition on Contracts.--The Secretary may not enter
into a contract with a covered contractor on the list
described in subsection (a).
(c) Removal From List.--To be removed from the list
described in subsection (a), a covered contractor may submit
a request to the Secretary in such manner as the Secretary
determines appropriate. The Secretary, in consultation with
the Director of National Intelligence, shall determine a
process for removing covered contractors from the list, as
appropriate, and publicly disclose such process.
(d) Waivers.--
(1) In general.--The President or the Secretary may waive
the prohibition specified in subsection (b) if the President
or the Secretary determines that such waiver is justified for
national security reasons.
(2) Waiver for overseas operations.--The Secretary may
waive the prohibition specified in subsection (b) for United
States diplomatic posts or diplomatic personnel overseas if
the Secretary, in consultation with the Director of National
Intelligence, determines that no suitable alternatives are
available.
(e) Covered Contractor Defined.--In this section, the term
``covered contractor'' means a provider of
telecommunications, telecommunications equipment, or
information technology equipment, including hardware,
software, or services, that has knowingly assisted or
facilitated a cyber attack or conducted surveillance,
including passive or active monitoring, carried out against--
(1) the United States by, or on behalf of, any government,
or persons associated with such government, listed as a cyber
threat actor in the intelligence community's 2017 assessment
of worldwide threats to United States national security or
any subsequent worldwide threat assessment of the
intelligence community; or
(2) individuals, including activists, journalists,
opposition politicians, or other individuals for the purposes
of suppressing dissent or intimidating critics, on behalf of
a country included in the annual country reports on human
rights practices of the Department for systematic acts of
political repression, including arbitrary arrest or
detention, torture, extrajudicial or politically motivated
killing, or other gross violations of human rights.
(f) Effective Date.--This section shall apply with respect
to contracts of a covered contractor entered into on or after
the date of the enactment of this Act.
SEC. 5504. PRESERVING RECORDS OF ELECTRONIC COMMUNICATIONS
CONDUCTED RELATED TO OFFICIAL DUTIES OF
POSITIONS IN THE PUBLIC TRUST OF THE AMERICAN
PEOPLE.
(a) Sense of Congress.--It is the sense of Congress that,
as a matter of rule of law and transparency in a democratic
government, all officers and employees of the Department and
the United States Agency for International Development must
preserve all records of communications conducted in their
official capacities or related to their official duties with
entities outside of the United States Government. It is
further the sense of Congress that such practice should
include foreign government officials or other foreign
entities which may seek to influence United States Government
policies and actions.
(b) Publication.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall publish in the
Foreign Affairs Manual guidance implementing chapter 31 of
title 44, United States Code (commonly referred to as the
``Federal Records Act''), to treat electronic messaging
systems, software, and applications as equivalent to
electronic mail for the purpose of identifying Federal
records, and shall also publish in the Foreign Affairs Manual
the statutory penalties for failure to comply with such
guidance. No funds are authorized to be appropriated or made
available to the Department of State under any Act to support
the use or establishment of accounts on third-party messaging
applications or other non-Government online communication
tools if the Secretary does not certify to the relevant
congressional committees that the Secretary has carried out
this section.
SEC. 5505. FOREIGN RELATIONS OF THE UNITED STATES (FRUS)
SERIES AND DECLASSIFICATION.
The State Department Basic Authorities Act of 1956 is
amended--
(1) in section 402(a)(2) (22 U.S.C. 4352(a)(2)), by
striking ``26'' and inserting ``20''; and
(2) in section 404 (22 U.S.C. 4354)--
(A) in subsection (a)(1), by striking ``30''and inserting
``25''; and
(B) in subsection (c)(1)(C), by striking ``30'' and
inserting ``25''.
SEC. 5506. VULNERABILITY DISCLOSURE POLICY AND BUG BOUNTY
PILOT PROGRAM.
(a) Definitions.--In this section:
(1) Bug bounty program.--The term ``bug bounty program''
means a program under which an approved individual,
organization, or company is temporarily authorized to
identify and report vulnerabilities of internet-facing
information technology of the Department in exchange for
compensation.
[[Page H3483]]
(2) Department.--The term ``Department'' means the
Department of State.
(3) Information technology.--The term ``information
technology'' has the meaning given such term in section 11101
of title 40, United States Code.
(4) Secretary.--The term ``Secretary'' means the Secretary
of State.
(b) Department of State Vulnerability Disclosure Process.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary shall design,
establish, and make publicly known a Vulnerability Disclosure
Process (VDP) to improve Department cybersecurity by--
(A) providing security researchers with clear guidelines
for--
(i) conducting vulnerability discovery activities directed
at Department information technology; and
(ii) submitting discovered security vulnerabilities to the
Department; and
(B) creating Department procedures and infrastructure to
receive and fix discovered vulnerabilities.
(2) Requirements.--In establishing the VDP pursuant to
paragraph (1), the Secretary shall--
(A) identify which Department information technology should
be included in the process;
(B) determine whether the process should differentiate
among and specify the types of security vulnerabilities that
may be targeted;
(C) provide a readily available means of reporting
discovered security vulnerabilities and the form in which
such vulnerabilities should be reported;
(D) identify which Department offices and positions will be
responsible for receiving, prioritizing, and addressing
security vulnerability disclosure reports;
(E) consult with the Attorney General regarding how to
ensure that individuals, organizations, and companies that
comply with the requirements of the process are protected
from prosecution under section 1030 of title 18, United
States Code, and similar provisions of law for specific
activities authorized under the process;
(F) consult with the relevant offices at the Department of
Defense that were responsible for launching the 2016
Vulnerability Disclosure Program, ``Hack the Pentagon'', and
subsequent Department of Defense bug bounty programs;
(G) engage qualified interested persons, including
nongovernmental sector representatives, about the structure
of the process as constructive and to the extent practicable;
and
(H) award contracts to entities, as necessary, to manage
the process and implement the remediation of discovered
security vulnerabilities.
(3) Annual reports.--Not later than 180 days after the
establishment of the VDP under paragraph (1) and annually
thereafter for the next 5 years, the Secretary of State shall
submit to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report on the VDP, including information relating to
the following:
(A) The number and severity, in accordance with the
National Vulnerabilities Database of the National Institute
of Standards and Technology, of security vulnerabilities
reported.
(B) The number of previously unidentified security
vulnerabilities remediated as a result.
(C) The current number of outstanding previously
unidentified security vulnerabilities and Department of State
remediation plans.
(D) The average length of time between the reporting of
security vulnerabilities and remediation of such
vulnerabilities.
(E) The resources, surge staffing, roles, and
responsibilities within the Department used to implement the
VDP and complete security vulnerability remediation.
(F) Any other information the Secretary determines
relevant.
(c) Department of State Bug Bounty Pilot Program.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary shall establish a
bug bounty pilot program to minimize security vulnerabilities
of internet-facing information technology of the Department.
(2) Requirements.--In establishing the pilot program
described in paragraph (1), the Secretary shall--
(A) provide compensation for reports of previously
unidentified security vulnerabilities within the websites,
applications, and other internet-facing information
technology of the Department that are accessible to the
public;
(B) award contracts to entities, as necessary, to manage
such pilot program and for executing the remediation of
security vulnerabilities identified pursuant to subparagraph
(A);
(C) identify which Department information technology should
be included in such pilot program;
(D) consult with the Attorney General on how to ensure that
individuals, organizations, or companies that comply with the
requirements of such pilot program are protected from
prosecution under section 1030 of title 18, United States
Code, and similar provisions of law for specific activities
authorized under such pilot program;
(E) consult with the relevant offices at the Department of
Defense that were responsible for launching the 2016 ``Hack
the Pentagon'' pilot program and subsequent Department of
Defense bug bounty programs;
(F) develop a process by which an approved individual,
organization, or company can register with the entity
referred to in subparagraph (B), submit to a background check
as determined by the Department, and receive a determination
as to eligibility for participation in such pilot program;
(G) engage qualified interested persons, including
nongovernmental sector representatives, about the structure
of such pilot program as constructive and to the extent
practicable; and
(H) consult with relevant United States Government
officials to ensure that such pilot program complements
persistent network and vulnerability scans of the Department
of State's internet-accessible systems, such as the scans
conducted pursuant to Binding Operational Directive BOD-15-
01.
(3) Duration.--The pilot program established under
paragraph (1) should be short-term in duration and not last
longer than 1 year.
(4) Report.--Not later than 180 days after the date on
which the bug bounty pilot program under subsection (a) is
completed, the Secretary shall submit to the Committee on
Foreign Relations of the Senate and the Committee on Foreign
Affairs of the House of Representatives a report on such
pilot program, including information relating to--
(A) the number of approved individuals, organizations, or
companies involved in such pilot program, broken down by the
number of approved individuals, organizations, or companies
that--
(i) registered;
(ii) were approved;
(iii) submitted security vulnerabilities; and
(iv) received compensation;
(B) the number and severity, in accordance with the
National Vulnerabilities Database of the National Institute
of Standards and Technology, of security vulnerabilities
reported as part of such pilot program;
(C) the number of previously unidentified security
vulnerabilities remediated as a result of such pilot program;
(D) the current number of outstanding previously
unidentified security vulnerabilities and Department
remediation plans;
(E) the average length of time between the reporting of
security vulnerabilities and remediation of such
vulnerabilities;
(F) the types of compensation provided under such pilot
program; and
(G) the lessons learned from such pilot program.
TITLE VI--PUBLIC DIPLOMACY
SEC. 5601. SHORT TITLE.
This title may be cited as the ``Public Diplomacy
Modernization Act of 2020''.
SEC. 5602. AVOIDING DUPLICATION OF PROGRAMS AND EFFORTS.
The Secretary shall--
(1) identify opportunities for greater efficiency of
operations, including through improved coordination of
efforts across public diplomacy bureaus and offices of the
Department; and
(2) maximize shared use of resources between, and within,
such public diplomacy bureaus and offices in cases in which
programs, facilities, or administrative functions are
duplicative or substantially overlapping.
SEC. 5603. IMPROVING RESEARCH AND EVALUATION OF PUBLIC
DIPLOMACY.
(a) Research and Evaluation Activities.--The Secretary,
acting through the Director of Research and Evaluation
appointed pursuant to subsection (b), shall--
(1) conduct regular research and evaluation of public
diplomacy programs and activities of the Department,
including through the routine use of audience research,
digital analytics, and impact evaluations, to plan and
execute such programs and activities; and
(2) make available to Congress the findings of the research
and evaluations conducted under paragraph (1).
(b) Director of Research and Evaluation.--
(1) Appointment.--Not later than 90 days after the date of
the enactment of this Act, the Secretary shall appoint a
Director of Research and Evaluation (referred to in this
subsection as the ``Director'') in the Office of Policy,
Planning, and Resources for Public Diplomacy and Public
Affairs of the Department.
(2) Limitation on appointment.--The appointment of the
Director pursuant to paragraph (1) shall not result in an
increase in the overall full-time equivalent positions within
the Department.
(3) Responsibilities.--The Director shall--
(A) coordinate and oversee the research and evaluation of
public diplomacy programs and activities of the Department in
order to--
(i) improve public diplomacy strategies and tactics; and
(ii) ensure that such programs and activities are
increasing the knowledge, understanding, and trust of the
United States by relevant target audiences;
(B) routinely organize and oversee audience research,
digital analytics, and impact evaluations across all public
diplomacy bureaus and offices of the Department;
(C) support United States diplomatic posts' public affairs
sections;
(D) share appropriate public diplomacy research and
evaluation information within the Department and with other
appropriate Federal departments and agencies;
(E) regularly design and coordinate standardized research
questions, methodologies,
[[Page H3484]]
and procedures to ensure that public diplomacy programs and
activities across all public diplomacy bureaus and offices
are designed to meet appropriate foreign policy objectives;
and
(F) report biannually to the United States Advisory
Commission on Public Diplomacy, through the Subcommittee on
Research and Evaluation established pursuant to subsection
(f), regarding the research and evaluation of all public
diplomacy bureaus and offices.
(4) Guidance and training.--Not later than 1 year after the
appointment of the Director pursuant to paragraph (1), the
Director shall develop guidance and training, including
curriculum for use by the Foreign Service Institute, for all
public diplomacy officers of the Department regarding the
reading and interpretation of public diplomacy program and
activity evaluation findings to ensure that such findings and
related lessons learned are implemented in the planning and
evaluation of all public diplomacy programs and activities of
the Department.
(c) Prioritizing Research and Evaluation.--
(1) In general.--The head of the Office of Policy,
Planning, and Resources for Public Diplomacy and Public
Affairs of the Department shall ensure that research and
evaluation of public diplomacy and activities of the
Department, as coordinated and overseen by the Director
pursuant to subsection (b), supports strategic planning and
resource allocation across all public diplomacy bureaus and
offices of the Department.
(2) Allocation of resources.--Amounts allocated for the
purpose of research and evaluation of public diplomacy
programs and activities of the Department pursuant to
subsection (b) shall be made available to be disbursed at the
direction of the Director of Research and Evaluation among
the research and evaluation staff across all public diplomacy
bureaus and offices of the Department.
(3) Sense of congress.--It is the sense of Congress that
the Department should gradually increase its allocation of
funds made available under the headings ``Educational and
Cultural Exchange Programs'' and ``Diplomatic Programs'' for
research and evaluation of public diplomacy programs and
activities of the Department pursuant to subsection (b) to a
percentage of program funds that is commensurate with Federal
Government best practices.
(d) Limited Exemption Relating to the Privacy Act.--
(1) In general.--The Department shall maintain, collect,
use, and disseminate records (as such term is defined in
section 552a(a)(4) of title 5, United States Code) for
audience research, digital analytics, and impact evaluation
of communications related to public diplomacy efforts
intended for foreign audiences.
(2) Conditions.--Audience research, digital analytics, and
impact evaluations under paragraph (1) shall be--
(A) reasonably tailored to meet the purposes of this
subsection; and
(B) carried out with due regard for privacy and civil
liberties guidance and oversight.
(e) United States Advisory Commission on Public
Diplomacy.--
(1) Subcommittee for research and evaluation.--The United
States Advisory Commission on Public Diplomacy shall
establish a Subcommittee on Research and Evaluation to
monitor and advise regarding audience research, digital
analytics, and impact evaluations carried out by the
Department and the United States Agency for Global Media.
(2) Annual report.--The Subcommittee on Research and
Evaluation established pursuant to paragraph (1) shall submit
to the appropriate congressional committees an annual report,
in conjunction with the United States Advisory Commission on
Public Diplomacy's Comprehensive Annual Report on the
performance of the Department and the United States Agency
for Global Media, describing all actions taken by the
Subcommittee pursuant to paragraph (1) and any findings made
as a result of such actions.
SEC. 5604. PERMANENT REAUTHORIZATION OF THE UNITED STATES
ADVISORY COMMISSION ON PUBLIC DIPLOMACY.
Section 1334 of the Foreign Affairs Reform and
Restructuring Act of 1998 (22 U.S.C. 6553) is amended--
(1) in the section heading, by striking ``sunset'' and
inserting ``continuation''; and
(2) by striking ``until October 1, 2020''.
SEC. 5605. STREAMLINING OF SUPPORT FUNCTIONS.
(a) Working Group Established.--Not later than 60 days
after the date of the enactment of this Act, the Secretary
shall establish a working group to explore the possibilities
and cost-benefit analysis of transitioning to a shared
services model as such pertains to human resources, travel,
purchasing, budgetary planning, and all other executive
support functions for all bureaus of the Department that
report to the Under Secretary for Public Diplomacy of the
Department.
(b) Report.--Not later than 180 days after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a plan to implement any
such findings of the working group established under
subsection (a).
SEC. 5606. GUIDANCE FOR CLOSURE OF PUBLIC DIPLOMACY
FACILITIES.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of State shall
adopt, and include in the Foreign Affairs Manual, guidelines
to collect and utilize information from each diplomatic post
at which the construction of a new embassy compound or new
consulate compound would result in the closure or co-location
of an American Space, American Center, American Corner, or
any other public diplomacy facility under the Secure Embassy
Construction and Counterterrorism Act of 1999 (22 U.S.C. 4865
et seq.).
(b) Requirements.--The guidelines required by subsection
(a) shall include the following:
(1) Standardized notification to each chief of mission at a
diplomatic post describing the requirements of the Secure
Embassy Construction and Counterterrorism Act of 1999 and the
impact on the mission footprint of such requirements.
(2) An assessment and recommendations from each chief of
mission of potential impacts to public diplomacy programming
at such diplomatic post if any public diplomacy facility
referred to in subsection (a) is closed or staff is co-
located in accordance with such Act.
(3) A process by which assessments and recommendations
under paragraph (2) are considered by the Secretary and the
appropriate Under Secretaries and Assistant Secretaries of
the Department.
(4) Notification to the appropriate congressional
committees, prior to the initiation of a new embassy compound
or new consulate compound design, of the intent to close any
such public diplomacy facility or co-locate public diplomacy
staff in accordance with such Act.
(c) Report.--Not later than 1 year after the date of the
enactment of this Act, the Secretary shall submit to the
appropriate congressional committees a report containing the
guidelines required under subsection (a) and any
recommendations for any modifications to such guidelines.
SEC. 5607. DEFINITIONS.
In this title:
(1) Audience research.--The term ``audience research''
means research conducted at the outset of a public diplomacy
program or the outset of campaign planning and design
regarding specific audience segments to understand the
attitudes, interests, knowledge, and behaviors of such
audience segments.
(2) Digital analytics.--The term ``digital analytics''
means the analysis of qualitative and quantitative data,
accumulated in digital format, to indicate the outputs and
outcomes of a public diplomacy program or campaign.
(3) Impact evaluation.--The term ``impact evaluation''
means an assessment of the changes in the audience targeted
by a public diplomacy program or campaign that can be
attributed to such program or campaign.
(4) Public diplomacy bureaus and offices.--The term
``public diplomacy bureaus and offices'' means, with respect
to the Department, the following:
(A) The Bureau of Educational and Cultural Affairs.
(B) The Bureau of Global Public Affairs.
(C) The Office of Policy, Planning, and Resources for
Public Diplomacy and Public Affairs.
(D) The Global Engagement Center.
(E) The public diplomacy functions within the regional and
functional bureaus.
TITLE VII--COMBATING PUBLIC CORRUPTION
SEC. 5701. SENSE OF CONGRESS.
It is the sense of Congress that--
(1) it is in the foreign policy interest of the United
States to help foreign countries promote good governance and
combat public corruption;
(2) multiple Federal departments and agencies operate
programs that promote good governance in foreign countries
and enhance such countries' ability to combat public
corruption;
(3) the Department should promote coordination among the
Federal departments and agencies implementing programs to
promote good governance and combat public corruption in
foreign countries in order to improve effectiveness and
efficiency; and
(4) the Department should identify areas in which United
States efforts to help other countries promote good
governance and combat public corruption could be enhanced.
SEC. 5702. ANNUAL ASSESSMENT.
(a) In General.--For each of fiscal years 2021 through
2027, the Secretary shall assess the capacity and commitment
of foreign countries to combat public corruption. Each such
assessment shall--
(1) utilize independent, third party indicators that
measure transparency, accountability, and corruption in the
public sector in such countries, including the extent to
which public power is exercised for private gain, to identify
those countries that are most vulnerable to public
corruption;
(2) consider, to the extent reliable information is
available, whether the government of a country identified
under paragraph (1)--
(A) has adopted measures to prevent public corruption, such
as measures to inform and educate the public, including
potential victims, about the causes and consequences of
public corruption;
(B) has enacted laws and established government structures,
policies, and practices that prohibit public corruption;
(C) enforces such laws through a fair judicial process;
(D) vigorously investigates, prosecutes, convicts, and
sentences public officials who participate in or facilitate
public corruption, including nationals of such country who
are deployed in foreign military assignments,
[[Page H3485]]
trade delegations abroad, or other similar missions who
engage in or facilitate public corruption;
(E) prescribes appropriate punishment for serious,
significant corruption that is commensurate with the
punishment prescribed for serious crimes;
(F) prescribes appropriate punishment for significant
corruption that provides a sufficiently stringent deterrent
and adequately reflects the nature of the offense;
(G) convicts and sentences persons responsible for such
acts that take place wholly or partly within the country of
such government, including, as appropriate, requiring the
incarceration of individuals convicted of such acts;
(H) holds private sector representatives accountable for
their role in public corruption; and
(I) addresses threats for civil society to monitor anti-
corruption efforts; and
(3) further consider--
(A) verifiable measures taken by the government of a
country identified under paragraph (1) to prohibit government
officials from participating in, facilitating, or condoning
public corruption, including the investigation, prosecution,
and conviction of such officials;
(B) the extent to which such government provides access,
or, as appropriate, makes adequate resources available, to
civil society organizations and other institutions to combat
public corruption, including reporting, investigating, and
monitoring;
(C) the extent to which an independent judiciary or
judicial body in such country is responsible for, and
effectively capable of, deciding public corruption cases
impartially, on the basis of facts and in accordance with
law, without any improper restrictions, influences,
inducements, pressures, threats, or interferences, whether
direct or indirect, from any source or for any reason;
(D) the extent to which such government cooperates
meaningfully with the United States to strengthen government
and judicial institutions and the rule of law to prevent,
prohibit, and punish public corruption;
(E) the extent to which such government--
(i) is assisting in international investigations of
transnational public corruption networks and in other
cooperative efforts to combat serious, significant
corruption, including cooperating with the governments of
other countries to extradite corrupt actors;
(ii) recognizes the rights of victims of public corruption,
ensures their access to justice, and takes steps to prevent
such victims from being further victimized or persecuted by
corrupt actors, government officials, or others; and
(iii) refrains from prosecuting legitimate victims of
public corruption or whistleblowers due to such persons
having assisted in exposing public corruption, and refrains
from other discriminatory treatment of such persons; and
(F) contain such other information relating to public
corruption as the Secretary considers appropriate.
(b) Identification.--After conducting each assessment under
subsection (a), the Secretary shall identify the countries
described in paragraph (1) of such subsection that are--
(1) meeting minimum standards to combat public corruption;
(2) not meeting such minimum standards but making
significant efforts to do so; and
(3) neither meeting such minimum standards nor making
significant efforts to do so.
(c) Report.--Not later than 180 days after the date of the
enactment of this Act and annually thereafter through fiscal
year 2026, the Secretary shall submit to the appropriate
congressional committees and make publicly available a report
that identifies the countries described in subsection (a)(1)
and paragraphs (2) and (3) of subsection (b), including a
description of the methodology and data utilized in the
assessments under subsection (a) and the reasons for such
identifications.
(d) Briefing in Lieu of Report.--The Secretary may waive
the requirement to submit and make publicly available a
written report under subsection (c) if the Secretary--
(1) determines that publication of such report would--
(A) undermine existing United States anti-corruption
efforts in one or more countries; or
(B) threaten the national interests of the United States;
and
(2) provides a briefing to the appropriate congressional
committees that identifies the countries described in
subsection (a)(1) and paragraphs (2) and (3) of subsection
(b), including a description of the methodology and data
utilized in the assessment under subsection (a) and the
reasons for such identifications.
SEC. 5703. TRANSPARENCY AND ACCOUNTABILITY.
For each country identified under paragraphs (2) and (3) of
section 5702(b), the Secretary, in coordination with the
Administrator of the United States Agency for International
Development, as appropriate, shall--
(1) ensure that a corruption risk assessment and mitigation
strategy is included in the integrated country strategy for
such country; and
(2) utilize appropriate mechanisms to combat corruption in
such countries, including by ensuring--
(A) the inclusion of anti-corruption clauses in contracts,
grants, and cooperative agreements entered into by the
Department or the Agency for or in such countries, which
allow for the termination of such contracts, grants, or
cooperative agreements, as the case may be, without penalty
if credible indicators of public corruption are discovered;
(B) the inclusion of appropriate clawback or flowdown
clauses within the procurement instruments of the Department
and the Agency that provide for the recovery of funds
misappropriated through corruption;
(C) the appropriate disclosure to the United States
Government, in confidential form, if necessary, of the
beneficial ownership of contractors, subcontractors,
grantees, cooperative agreement participants, and other
organizations implementing programs on behalf of the
Department or Agency; and
(D) the establishment of mechanisms for investigating
allegations of misappropriated resources and equipment.
SEC. 5704. DESIGNATION OF EMBASSY ANTI-CORRUPTION POINTS OF
CONTACT.
(a) In General.--The Secretary shall annually designate an
anti-corruption point of contact at the United States
diplomatic post to each country identified under paragraphs
(2) and (3) of section 5702(b), or which the Secretary
otherwise determines is in need of such a point of contact.
(b) Responsibilities.--Each designated anti-corruption
point of contact under subsection (a) shall be responsible
for coordinating and overseeing implementation of a whole-of-
government approach among the relevant Federal departments
and agencies that operate programs that promote good
governance in foreign countries and enhance such countries'
ability to combat public corruption in order to accomplish
such objectives in the country to which such point of contact
is posted, including through the development and
implementation of corruption risk assessment tools and
mitigation strategies.
(c) Training.--The Secretary shall implement appropriate
training for designated anti-corruption points of contact
under subsection (a).
SEC. 5705. REPORTING REQUIREMENTS.
(a) Annual Report.--
(1) In general.--The Secretary shall, for each of fiscal
years 2021 through 2026, submit to the appropriate
congressional committees a report on implementation of this
title, including a description of the following:
(A) The offices within the Department and the United States
Agency for International Development that are engaging in
significant anti-corruption activities.
(B) The findings and actions of designated anti-corruption
points of contact to develop and implement risk mitigation
strategies and ensure compliance with section 5703.
(C) The training implemented under section 5704(c).
(D) Management of the whole-of-government effort referred
to in section 5704(b) to combat corruption within the
countries identified in section 5702 and efforts to improve
coordination across Federal departments and agencies.
(E) The risk assessment tools and mitigation strategies
utilized by the Department and the Agency.
(F) Other information determined by the Secretary to be
necessary and appropriate.
(2) Form of report.--Each report under this subsection
shall be submitted in an unclassified format but may include
a classified annex.
(b) Online Platform.--The Secretary shall consolidate
existing reports with anti-corruption components into one
online, public platform, which should--
(1) include--
(A) the annual Country Reports on Human Rights Practices;
(B) the annual Fiscal Transparency Report;
(C) the annual Investment Climate Statements;
(D) the annual International Narcotics Control Strategy
Report;
(E) the Country Scorecards of the Millennium Challenge
Corporation; and
(F) any other relevant public reports; and
(2) link to third-party indicators and compliance
mechanisms used by the United States Government to inform
policy and programming, such as--
(A) the International Finance Corporation's Doing Business
surveys;
(B) the International Budget Partnership's Open Budget
Index; and
(C) multilateral peer review anti-corruption compliance
mechanisms, such as the Organization for Economic Co-
operation and Development's Working Group on Bribery in
International Business Transactions and the United Nations
Convention Against Corruption, done at New York October 31,
2003, to further highlight expert international views on
country challenges and country efforts.
(c) Training.--The Secretary and the Administrator of the
United States Agency for International Development shall
incorporate anti-corruption components into existing Foreign
Service and Civil Service training courses to--
(1) increase the ability of Department and Agency personnel
to support anti-corruption as a foreign policy priority; and
(2) strengthen the ability of such personnel to design,
implement, and evaluate more effective anti-corruption
programming around the world, including enhancing skills to
better evaluate and mitigate public corruption risks in
assistance programs.
SEC. 5706. FOREIGN INVESTMENTS AND NATIONAL SECURITY.
(a) In General.--Not later than 1 year after the date of
the enactment of this Act
[[Page H3486]]
and biennially thereafter for the following 5 years, the
Secretary, in consultation with the Secretary of the
Treasury, the Director of National Intelligence, and the
heads of other agencies, as appropriate, shall submit to
Congress an interagency strategy to work with foreign
governments and multilateral institutions to guard against
the risks of certain transactions involving foreign
investments.
(b) Contents.--Each interagency strategy under paragraph
(1) shall include plans relating to the following:
(1) Information sharing with foreign governments and
multilateral institutions regarding risks associated with
potential foreign investments.
(2) Promoting American and other alternatives to foreign
investments identified as presenting substantial risk to the
national security or sovereignty of a country.
(3) Providing technical assistance to foreign governments
or multilateral institutions regarding screening foreign
investments.
(4) Designating points of contact at each United States
mission to foreign governments and multilateral institutions,
and in associated regional bureaus, to coordinate efforts
described in this paragraph.
(c) Coordination.--If the Secretary determines such is
appropriate, the designated points of contact referred to in
subsection (b)(4) may be the same individual designated under
section 5704(a).
TITLE VIII--MISCELLANEOUS
SEC. 5801. CASE-ZABLOCKI ACT REFORM.
Section 112b of title 1, United States Code, is amended--
(1) in subsection (a), by striking ``Committee on
International Relations'' and inserting ``Committee on
Foreign Affairs''; and
(2) by amending subsection (b) to read as follows:
``(b) Each department or agency of the United States
Government that enters into any international agreement
described in subsection (a) on behalf of the United States,
shall designate a Chief International Agreements Officer,
who--
``(1) shall be a current employee of such department or
agency;
``(2) shall serve concurrently as Chief International
Agreements Officer; and
``(3) subject to the authority of the head of such
department or agency, shall have department or agency-wide
responsibility for efficient and appropriate compliance with
subsection (a) to transmit the text of any international
agreement to the Department of State expeditiously after such
agreement has been signed.''.
SEC. 5802. LIMITATION ON ASSISTANCE TO COUNTRIES IN DEFAULT.
Section 620(q) of the Foreign Assistance Act of 1961 (22
U.S.C. 2370(q)) is amended--
(1) by striking ``No assistance'' and inserting the
following:
``(1) No assistance'';
(2) by inserting ``the government of'' before ``any
country'';
(3) by inserting ``the government of'' before ``such
country'' each place it appears;
(4) by striking ``determines'' and all that follows and
inserting ``determines, after consultation with the Committee
on Foreign Affairs and the Committee on Appropriations of the
House of Representatives and the Committee on Foreign
Relations and the Committee on Appropriations of the Senate,
that assistance for such country is in the national interest
of the United States.''; and
(5) by adding at the end the following:
``(2) No assistance shall be furnished under this Act, the
Peace Corps Act, the Millennium Challenge Act of 2003, the
African Development Foundation Act, the BUILD Act of 2018,
section 504 of the FREEDOM Support Act, or section 23 of the
Arms Export Control Act to the government of any country
which is in default during a period in excess of 1 calendar
year in payment to the United States of principal or interest
or any loan made to the government of such country by the
United States unless the President determines, following
consultation with the congressional committees specified in
paragraph (1), that assistance for such country is in the
national interest of the United States.''.
SEC. 5803. PROHIBITION ON ASSISTANCE TO GOVERNMENTS
SUPPORTING INTERNATIONAL TERRORISM.
(a) Prohibition.--Subsection (a) of section 620A of the
Foreign Assistance Act of 1961 (22 U.S.C. 2371) is amended by
striking ``that the government of that country'' and all that
follows and inserting ``that the government of that country--
``(1) has repeatedly provided support for acts of
international terrorism;
``(2) grants sanctuary from prosecution to any individual
or group which has committed an act of international
terrorism;
``(3) otherwise supports international terrorism; or
``(4) is controlled by an organization designated as a
foreign terrorist organization under section 219 of the
Immigration and Nationality Act (8 U.S.C. 1189).''.
(b) Rescission.--Subsection (c) of such section is amended
by striking ``and the Chairman of the Committee on Foreign
Relations of the Senate'' and inserting ``, the Committee on
Foreign Affairs of the House of Representatives, the
Committee on Foreign Relations of the Senate, and the
Committees on Appropriations of the House of Representatives
and the Senate''.
(c) Waiver.--Subsection (d)(2) of such section is amended
by striking ``and the chairman of the Committee on Foreign
Relations of the Senate'' and inserting ``, the Committee on
Foreign Affairs of the House of Representatives, the
Committee on Foreign Relations of the Senate, and the
Committees on Appropriations of the House of Representatives
and the Senate''.
(d) Prohibition on Lethal Military Equipment Exports.--Such
section, as so amended, is further amended by adding at the
end the following:
``(e) Prohibition on Lethal Military Equipment Exports.--
``(1) Prohibition.--
``(A) In general.--The United States shall not provide any
assistance under this Act or section 23 of the Arms Export
Control Act to any foreign government that provides lethal
military equipment to a country the government of which the
Secretary of State has determined supports international
terrorism for purposes of section 1754(c) of the Export
Control Reform Act of 2018.
``(B) Termination.--The prohibition on assistance under
subparagraph (A) with respect to a foreign government shall
terminate 12 months after such government ceases to provide
the lethal military equipment described in such subparagraph.
``(C) Applicability.--This subsection applies with respect
to lethal military equipment provided under a contract
entered into after October 1, 1997.
``(2) Waiver.--The President may waive the prohibition on
assistance under paragraph (1) with respect to a foreign
government if the President determines that to do so is
important to the national interest of the United States.
``(3) Report.--Upon the exercise of the waiver authority
pursuant to paragraph (2), the President shall submit to the
appropriate congressional committees a report with respect to
the furnishing of assistance under the waiver authority,
including--
``(A) a detailed explanation of the assistance to be
provided;
``(B) the estimated dollar amount of such assistance; and
``(C) an explanation of how the assistance furthers the
national interest of the United States.
``(4) Appropriate congressional committees defined.--In
this subsection, the term `appropriate congressional
committees' means--
``(A) the Committee on Foreign Affairs and the Committee on
Appropriations of the House of Representatives; and
``(B) the Committee on Foreign Relations and the Committee
on Appropriations of the Senate.''.
SEC. 5804. SEAN AND DAVID GOLDMAN CHILD ABDUCTION PREVENTION
AND RETURN ACT OF 2014 AMENDMENT.
Subsection (b) of section 101 of the Sean and David Goldman
International Child Abduction Prevention and Return Act of
2014 (22 U.S.C. 9111; Public Law 113-150) is amended--
(1) in paragraph (2)--
(A) in subparagraph (A)--
(i) by inserting ``, respectively,'' after ``access
cases''; and
(ii) by inserting ``and the number of children involved''
before the semicolon at the end;
(B) in subparagraph (D), by inserting ``respectively, the
number of children involved,'' after ``access cases,'';
(2) in paragraph (7), by inserting ``, and number of
children involved in such cases'' before the semicolon at the
end;
(3) in paragraph (8), by striking ``and'' after the
semicolon at the end;
(4) in paragraph (9), by striking the period at the end and
inserting ``; and''; and
(5) by adding at the end the following new paragraph:
``(10) the total number of pending cases the Department of
State has assigned to case officers and number of children
involved for each country and as a total for all
countries.''.
SEC. 5805. MODIFICATION OF AUTHORITIES OF COMMISSION FOR THE
PRESERVATION OF AMERICA'S HERITAGE ABROAD.
(a) In General.--Chapter 3123 of title 54, United States
Code, is amended as follows:
(1) In section 312302, by inserting ``, and unimpeded
access to those sites,'' after ``and historic buildings''.
(2) In section 312304(a)--
(A) in paragraph (2)--
(i) by striking ``and historic buildings'' and inserting
``and historic buildings, and unimpeded access to those
sites''; and
(ii) by striking ``and protected'' and inserting ``,
protected, and made accessible''; and
(B) in paragraph (3), by striking ``and protecting'' and
inserting ``, protecting, and making accessible''.
(3) In section 312305, by inserting ``and to the Committee
on Foreign Affairs of the House of Representatives and the
Committee on Foreign Relations of the Senate'' after
``President''.
(b) Report.--Not later than 90 days after the date of the
enactment of this Act, the Commission for the Preservation of
America's Heritage Abroad shall submit to the President and
to the Committee on Foreign Affairs of the House of
Representatives and the Committee on Foreign Relations of the
Senate a report that contains an evaluation of the extent to
which the Commission is prepared to continue its activities
and accomplishments with respect to the foreign heritage of
United States citizens from eastern and central Europe, were
the Commission's duties and powers extended to include other
regions, including the Middle East and
[[Page H3487]]
North Africa, and any additional resources or personnel the
Commission would require.
SEC. 5806. CHIEF OF MISSION CONCURRENCE.
In the course of providing concurrence to the exercise of
the authority pursuant to section 127e of title 10, United
State Code, or section 1202 of the National Defense
Authorization Act for Fiscal Year 2018--
(1) each relevant chief of mission shall inform and consult
in a timely manner with relevant individuals at relevant
missions or bureaus of the Department of State; and
(2) the Secretary of State shall take such steps as may be
necessary to ensure that such relevant individuals have the
security clearances necessary to so consult in a timely
manner with respect to such concurrence.
Amendment No. 128 Offered by Mr. Engel of New York
Add at the end of subtitle G of title XII the following:
SEC. 12__. ESTABLISHMENT OF NATIONAL COMMISSION ON U.S.
COUNTERTERRORISM POLICY.
(a) Establishment.--There is established an independent
commission within the legislative branch to be known as the
``National Commission on U.S. Counterterrorism Policy'' (in
this section referred to as the ``Commission'').
(b) Purpose.--The Commission shall assess United States
counterterrorism efforts, including the study areas specified
in subsection (c), and make recommendations based on its
findings.
(c) Study Areas.--In carrying out subsection (b), the
Commission shall study the following:
(1) The evolution of threats to the United States since
September 11, 2001, from international and domestic
terrorism, including--
(A) an assessment of potential connections between such
threats, and the risks such threats pose relative to other
security threats to the United States and United States
national interests; and
(B) the effects of United States counterterrorism
objectives, priorities, capabilities, policies, programs, and
activities on such threats.
(2) The applicability of major lessons learned from United
States counterterrorism objectives, priorities, policies,
programs, and activities since September 11, 2001, for
ongoing and future counterterrorism objectives, priorities,
policies, programs, and activities.
(3) Ongoing United States counterterrorism objectives,
priorities, capabilities, policies, programs, and activities,
including an assessment of the following:
(A) Whether such objectives, priorities, capabilities,
policies, programs, and activities are appropriately
integrated, programmatically and organizationally, into wider
United States foreign and domestic policy.
(B) Whether counterterrorism resources are appropriately
balanced across the range of counterterrorism programs and
activities conducted by the United States, and the actions
necessary to improve such balance if necessary.
(C) The potential constraints on counterterrorism
objectives, priorities, capabilities, policies, programs, and
activities resulting from the United States' need to confront
a growing number of geopolitical and security challenges, and
how to mitigate any terrorism-related risks that might
result.
(D) The potential new or emerging challenges or
opportunities of conducting counterterrorism operations in
contested environments where strategic state competitors such
as Russia, China, or Iran operate, and identification of
actions the United States Government should take to mitigate
potential risks and take advantage of possible opportunities.
(E) The instruments of national power used to advance
counterterrorism objectives and identification of new or
modified instruments, if appropriate.
(F) Any impacts of such counterterrorism objectives,
priorities, capabilities, policies, programs, and activities
on civil rights and civil liberties in the United States and
internationally recognized human rights and humanitarian
principles abroad.
(4) The legal authorities and policy frameworks for
counterterrorism programs and activities in the United States
and abroad, and whether such authorities or frameworks
require updating.
(5) The state of United States counterterrorism
partnerships, including--
(A) the impact of United States counterterrorism
objectives, priorities, capabilities, policies, programs, and
activities on the counterterrorism objectives, priorities,
capabilities, policies, programs, and activities of partner
countries; and
(B) the willingness, capacity, and capability of United
States counterterrorism partners to combat shared threats,
and the impact of security assistance and foreign assistance
on such willingness, capacity, and capability.
(6) Ongoing efforts by the executive branch to measure the
effectiveness of United States counterterrorism objectives,
priorities, capabilities, policies, programs, and activities
through net assessments and evaluations of lessons learned,
including an assessment of efforts to address factors that
contribute to terrorist recruitment and radicalization.
(7) Recommendations on how best to adapt United States
counterterrorism objectives, priorities, capabilities,
policies, programs, and activities on the basis of the areas
of study specified in this subsection and any other findings
the Commission determines relevant.
(d) Composition.--
(1) Members.--The Commission shall be composed of 14
commissioners, to be appointed as follows:
(A) One commissioner appointed by the Chairman, with the
concurrence of the ranking member, of each of the appropriate
congressional committees.
(B) A Chairperson, appointed by the Speaker of the House of
Representatives, with the concurrence of the Minority Leader
of the House of Representatives.
(C) A Vice-Chairperson, appointed by the Majority Leader of
the Senate, with the concurrence of the Minority Leader of
the Senate.
(2) Qualifications.--Individuals appointed to the
Commission shall be United States persons with relevant
counterterrorism expertise and experience in diplomacy, law
enforcement, the Armed Forces, law, public administration,
Congress, intelligence, academia, human rights, civil rights,
or civil liberties. The leadership of the House of
Representatives and the Senate shall coordinate with the
appropriate congressional committees to ensure that
Commission membership represents a variety of expertise in
such fields. At least one of the commissioners shall possess
a civil rights or civil liberties background in addition to
relevant counterterrorism expertise, and one commissioner
shall possess an international human rights background in
addition to relevant counterterrorism expertise.
(3) Prohibitions.--An individual appointed to the
Commission may not be--
(A) a Member of Congress, including a Delegate or Resident
Commissioner;
(B) an employee or official of any other branch of the
Federal Government;
(C) an employee or official of any State, territory,
county, or municipality in the United States; or
(D) a registered lobbyist.
(4) Conflicts of interest.--An individual appointed to the
Commission shall disclose any financial gains from private
sector employment conducted in support of United States
counterterrorism objectives, priorities, capabilities,
policies, programs, or activities at any time since the
September 11, 2001, attacks.
(5) Deadline for appointment of commissioners.--Individuals
appointed to the Commission shall be appointed not later
than--
(A) 30 days after the date of the enactment of this Act, or
(B) December 31, 2020,
whichever occurs first.
(6) Period of appointment.--Each commissioner and the
Chairperson and Vice-Chairperson shall be appointed for the
life of the Commission.
(7) Vacancies.--Any vacancy in the Commission shall not
affect its powers and duties and shall be filled in the same
manner as the original appointment within 30 days of such
vacancy occurring.
(8) Compensation.--Commissioners and the Chairperson and
Vice-Chairperson shall serve without pay.
(9) Travel expenses.--Commissioners and the Chairperson and
Vice-Chairperson shall receive travel expenses, including per
diem in lieu of subsistence, in accordance with sections 5702
and 5703 of title 5, United States Code, while away from
their homes or regular places of business in performance of
services for the Commission.
(e) Meetings.--
(1) Initial meeting.--The initial meeting of the Commission
shall be held not later than 30 days after the satisfaction
of all of the following:
(A) The appointment of two-thirds of the members of the
Commission, including at least one of the Chairperson or
Vice-Chairperson.
(B) The transfer of funding under subsection (k).
(2) Responsibility.--The Commission shall, at its initial
meeting, develop and implement a schedule for completion of
the review and assessment under subsection (b) and report
under subsection (m)(2).
(3) Subsequent meetings.--The Commission shall meet at the
call the Chairperson or a majority of commissioners.
(4) Quorum.--Eight commissioners shall constitute a quorum,
and commissioners may vote by proxy.
(f) Consultation.--In conducting the review and assessment
and study required under this section, the Commission shall
consult with relevant experts in the Federal Government
(including relevant Members of Congress and congressional
staff), academia, law, civil society, and the private sector.
(g) Powers of the Commission.--
(1) Hearings and evidence.--For the purposes of carrying
out this section, the Commission may--
(A) hold classified or unclassified hearings, take
testimony, receive evidence, and administer oaths; and
(B) subject to paragraph (3), require, by subpoena
authorized by majority vote of the Commission and issued
under the signature of the Chairperson or any member
designated by a majority of the Commission, the attendance
and testimony of such witnesses and the production of such
books, records, correspondence, memoranda, papers, and
documents, as the Commission may determine advisable.
(2) Notification of committees.--If the Commission is
unable to obtain testimony or documents needed to conduct its
work, the Commission shall notify the appropriate
congressional committees.
(3) Subpoena enforcement.--
[[Page H3488]]
(A) In general.--In the case of contumacy or failure to
obey a subpoena issued under paragraph (1)(B), the United
States district court for the judicial district in which the
subpoenaed person resides, is served, or may be found, or
where the subpoena is returnable, may issue an order
requiring such person to appear at any designated place to
testify or to produce documentary or other evidence. Any
failure to obey the order of the court may be punished by the
court as a contempt of that court.
(B) Additional enforcement.--In the case of any failure of
any witness to comply with any subpoena or to testify when
summoned under authority of this section, the Commission may,
by majority vote, certify a statement of fact constituting
such failure to the appropriate United States attorney, who
may bring the matter before the grand jury for its action,
under the same statutory authority and procedures as if the
United States attorney had received a certification under
sections 102 through 104 of the Revised Statutes of the
United States (2 U.S.C. 192 through 194).
(4) Limitations on subpoena authority.--With respect to the
subpoena authority under paragraph (1)(B), the Commission--
(A) may only issue a subpoena to a member of Federal,
State, local, Tribal, or territorial government;
(B) may reference unclassified documents and information
obtained through a subpoena when conducting interviews to
further the Commission's objectives, and may include such
documents and information in the final report, but may not
otherwise share, disclose, publish, or transmit in any way
any information obtained through a subpoena to another
Federal department or agency, any agency of a State, local,
Tribal, or territorial government, or any international body;
and
(C) shall comply with requirements for the issuance of a
subpoena issued by a United States district court under the
Federal Rules of Civil Procedure.
(5) Meetings.--The Commission shall--
(A) hold public hearings and meetings;
(B) hold classified hearings or meetings if necessary to
discuss classified material or information; and
(C) provide an opportunity for public comment, including
sharing of research and policy analysis, through publication
in the Federal Register of a solicitation for public comments
during a period to last not fewer than 45 days.
(h) Resources.--
(1) Authority to use the united states mails.--The
Commission may use the United States mails in the same manner
and under the same conditions as other Federal agencies.
(2) Documents, statistical data and other such
information.--Upon written request by the Chairperson, Vice-
Chairperson, or any commissioner designated by a majority of
the Commission, an executive department, bureau, agency,
board, commission, office, independent establishment, or
instrumentality of the Federal Government--
(A) shall provide reasonable access to documents,
statistical data, and other such information the Commission
determines necessary to carry out its duties; and
(B) shall, to the extent authorized by law, furnish any
information, suggestions, estimates, and statistics the
Commission determines necessary to carry out its duties.
(3) Gifts.--No member or staff of the Commission may
receive a gift or benefit by reason of the service of such
member or staff to the Commission.
(4) Authority to contract.--
(A) In general.--The Commission is authorized to enter into
contracts, leases, or other legal agreements with Federal and
State agencies, Indian tribes, Tribal entities, private
entities, and individuals for the conduct of activities
necessary to the discharge of its duties.
(B) Termination.--A contract, lease, or other legal
agreement entered into by the Commission under this paragraph
may not extend beyond the date of termination of the
Commission.
(5) Inapplicability of faca.--The Federal Advisory
Committee Act (5 U.S.C. App.) shall not apply to the
activities of the Commission under this section.
(6) Office space and administrative support.--The Architect
of the Capitol shall make office space available for day-to-
day activities of the Commission and for scheduled meetings
of the Commission. Upon request, the Architect of the Capitol
shall provide, on a reimbursable basis, such administrative
support as the Commission requests to carry out its duties.
(7) Assistance from federal agencies.--
(A) General services administration.--The Administrator of
General Services shall provide to the Commission on a
reimbursable basis administrative support and other services
as the Commission requests to carry out its duties.
(B) Federal departments and agencies.--Federal departments
and agencies may provide to the Commission such services,
funds, facilities, staff, and other support services as such
departments and agencies consider advisable and as may be
authorized by law.
(i) Staff.--
(1) Director.--The Chairperson, in consultation with the
Vice-Chairperson, and in accordance with rules agreed upon by
the Commission, may appoint a staff director.
(2) Staff.--With the approval of the Commission, the staff
director may appoint such employees as the staff director
determines necessary to enable the Commission to carry out
its duties.
(3) Staff qualifications.--The staff director shall ensure
employees of the Commission have relevant counterterrorism
expertise and experience, including in areas such as
diplomacy, law enforcement, the Armed Forces, law, public
administration, Congress, intelligence, academia, human
rights, civil rights, or civil liberties.
(3) Appointments and compensation.--The Commission may
appoint and fix the compensation of the staff director and
other employees without regard to the provisions of title 5,
United States Code, governing appointments in the competitive
service, and without regard to the provisions of chapter 51
and subchapter III of chapter 53 of such title relating to
classification and General Schedule pay rates, except that
the rate of pay for the staff director may not may exceed the
equivalent of that payable to a person occupying a position
at level IV of the Executive Schedule and the rate of pay for
any other employee of the Commission may not exceed the
equivalent of that payable to a person occupying a position
at level V of the Executive Schedule.
(4) Experts and consultants.--With the approval of the
Chairperson, the staff director may procure temporary and
intermittent services under section 3109(b) of title 5,
United States Code.
(5) Detail of government employees.--Upon the request of
the Commission, the head of any Federal agency may detail,
without reimbursement, any of the personnel of such agency to
the Commission to assist in carrying out its duties. Any such
detail shall not interrupt or otherwise affect the civil
service status or privileges of such personnel.
(6) Volunteer services.--Notwithstanding section 1342 of
title 31, United States Code, the Commission may accept and
use voluntary and uncompensated services as the Commission
determines necessary.
(j) Security Clearances for Commission Members and Staff.--
The appropriate Federal agencies or departments shall
cooperate with the Commission in expeditiously providing to
the commissioners, including the Chairperson and Vice-
Chairperson, and the staff director and other employees,
appropriate security clearances to the extent possible
pursuant to existing procedures and requirements.
(k) Funding.--
(1) In general.--Of the amounts authorized to be
appropriated for fiscal year 2021 by this Act, $4,000,000
shall be made available for transfer to the Commission for
purposes of the activities of the Commission under this
section.
(2) Duration of availability.--Amounts made available to
the Commission under paragraph (1) shall remain available
until the until the termination of the Commission.
(l) Termination.--The Commission shall terminate on the
date that is 180 days after the date on which the Commission
submits the report under subsection (m)(2).
(m) Briefings and Report.--
(1) Briefings.--The Chairperson, Vice-Chairperson, and
staff director of the Commission shall provide quarterly
briefings to the appropriate congressional committees, of
which not fewer than two briefings shall be for Members of
Congress.
(2) Report.--
(A) In general.--Not later than 540 days after the initial
meeting of the Commission under subsection (e), the
Commission shall submit to the appropriate congressional
committees an unclassified report that includes the
following:
(i) The findings, conclusions, and recommendations of the
Commission pursuant to the review and assessment under
subsection (b).
(ii) Summaries of the input and recommendations of each
individual with whom the Commission consulted in accordance
with subsection (f), attributed in accordance with the
preference expressed by such individual.
(B) Classified annex.--The report required under this
subsection may include a classified annex.
(C) Addendum.--Pursuant to subsection (h)(3), the
Commission shall publish as an addendum to the report under
subsection (m)(2) a list of all gifts received and the
individual or entity from which such gift was received.
(3) Public release.--Not later than seven days after the
date on which the Commission submits the report under this
subsection, the Commission shall make publicly available such
report, with the exception of any classified annex under
paragraph (2)(B).
(n) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services, the Committee on
Homeland Security, the Committee on Foreign Affairs, the
Permanent Select Committee on Intelligence, the Committee on
the Judiciary, and the Committee on Financial Services of the
House of Representatives; and
(B) the Committee on Armed Services, the Committee on
Homeland Security and Governmental Affairs, the Committee on
Foreign Relations, the Select Committee on Intelligence, the
Committee on the Judiciary, and the Committee on Finance of
the Senate.
(2) Domestic terrorism.--The term ``domestic terrorism''
has the meaning given such term in section 2331 of title 18,
United States Code.
[[Page H3489]]
(3) Indian tribe.--The term ``Indian tribe'' has the
meaning given such term in section 4 of the Indian Self-
Determination and Education Assistance Act of 1975 (25 U.S.C.
5304).
(4) International terrorism.--The term ``international
terrorism'' has the meaning given such term in section 2331
of title 18, United States Code.
(5) Registered lobbyist.--The term ``registered lobbyist''
means a lobbyist described in section 3 of the Lobbying
Disclosure Act of 1995 (2 U.S.C. 1603).
(6) United states person.--The term ``United States
person'' has the meaning given that term in section 101 of
the Foreign Intelligence Surveillance Act of 1978 (50 U.S.C.
1801).
Amendment No. 129 Offered by Mr. Engel of New York
At the end of subtitle G of title XII, add the following:
SEC. _. PROGRAM TO PREVENT, MITIGATE, AND RESPOND TO CIVILIAN
HARM AS A RESULT OF MILITARY OPERATIONS IN
SOMALIA.
(a) Program Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall develop and
implement a program--
(A) to prevent, mitigate, and respond to civilian harm
resulting from military operations to counter al-Shabaab or
the Islamic State in Somalia (ISIS-Somalia); and
(B) to enhance the ability for Somali civilians to report
instances of civilian harm resulting from--
(i) any operations conducted by United States Armed Forces;
and
(ii) any operations in which United States Armed Forces
provided operational support to the Somali Army or the
African Union Mission in Somalia (AMISOM).
(2) Coordination.--The program required by this subsection
shall be carried out in accordance with--
(A) section 1213 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92);
(B) section 936 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 134 note);
and
(C) section 1057 of the National Defense Authorization Act
for Fiscal Year 2018.
(b) Scope of Program.--The program required by subsection
(a) shall include the following:
(1) Measures in accordance with section 1057 of the
National Defense Authorization Act for Fiscal Year 2018 to
improve the ability of the Somali National Army, AMISOM, the
United States military, and United States contractors to
prevent, mitigate, and respond to instances of civilian harm
as a result of military operations to counter al-Shabaab or
ISIS-Somalia.
(2) Measures in accordance with section 1057 of the
National Defense Authorization Act for Fiscal Year 2018 and
section 936 of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 134 note)
to improve coordination among international actors involved
in military operations in Somalia, to include AMISOM, with
regard to preventing and mitigating civilian casualties, and
collecting data and reporting on such incidents when they
occur.
(3) Specific measures relating to compliance by Somalia
with section 936(b)(3) of the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (10 U.S.C. 134 note),
to include measures to ensure that Somali civilians,
including those without reliable access to the internet, and
credible local or international nongovernmental
organizations, can report civilian harm, including death,
injury, or damage to civilian infrastructure, resulting from
United States operations and partner operations; and
(4) Measures to ensure that ex gratia payments and other
assistance are made available as appropriate in accordance
with section 1213 of the National Defense Authorization Act
for Fiscal Year 2020 (Public Law 116-92).
(c) Report.--
(1) In general.--Not later than 1 year after the date of
the enactment of this Act, the Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees a report on the measures
that have been taken to implement the program required by
subsection (a).
(2) Form.--The report required by this subsection shall be
submitted in unclassified form, but may include a classified
annex.
(d) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Armed Services and the Committee on
Foreign Affairs of the House of Representatives; and
(B) the Committee on Armed Services and the Committee on
Foreign Relations of the Senate.
(2) Operational support.--The term ``operational support''
means training, advising, commanding, coordinating,
participating in the movement of, or accompanying Somali Army
or AMISOM forces, providing such forces with medevac or other
medical aid, aerial refueling, intelligence, surveillance, or
reconnaissance, or close air support for operations.
Amendment No. 130 Offered by Mr. Engel of New York
At the end of subtitle G of title XII, add the following:
SEC. 127. SENSE OF CONGRESS REGARDING JAPAN AND SMA REPORT
DRAFT.
(a) Sense of Congress.--It is the Sense of Congress that--
(1) the United States greatly values its alliance with the
Government of Japan, based on shared values of democracy, the
rule of law, a rules-based international order, and respect
for human rights;
(2) the United States-Japan alliance has been the
cornerstone of peace, stability, and security in the Indo-
Pacific for more than seven decades;
(3) the United States and Japan are indispensable partners
in addressing global challenges, including combating the
proliferation of weapons of mass destruction, preventing
piracy, assisting the victims of conflict and disaster
worldwide, safeguarding maritime security, and ensuring
freedom of navigation, commerce, and overflight in the Indo-
Pacific region;
(4) the Democratic People's Republic of Korea's (DPRK)
nuclear, chemical, and biological weapons programs and
ballistic missile programs pose a critical threat to the
stability of the Indo-Pacific region and to the security of
Japan;
(5) the People's Republic of China's use of military forces
to challenge territory under Japan's administrative control
violate international norms and thereby threaten regional
stability.
(6) the United States reaffirms its commitment to Article V
of the Treaty of Mutual Cooperation and Security between the
United States of America and Japan, which applies to the
Japanese-administered Senkaku Islands;
(7) United States forces forward-deployed in Japan,
consisting of 54,000 United States forces, United States
Seventh Fleet, the only forward-deployed United States
aircraft carrier, and the United States Marine Corps' III
Marine Expeditionary Force, are essential to sustaining
United States national security and regional peace and
stability;
(8) the United States and Japan should continue to deepen
defense cooperation to enhance collective defense and
regional security;
(9) Japan makes significant contributions to regional and
global security, including contributions to regional
Ballistic Missile Defense, conducting bilateral presence
operations and mutual asset protection missions with United
States forces, serving as a capacity building contributor to
United Nations peacekeeping operations, and providing
critical support to United Nations Security Council
Resolution enforcement operations against the DPRK's illicit
weapons programs;
(10) the United States recognizes the substantial financial
commitments of Japan to the maintenance of United States
forces in Japan, including contributions of approximately
$2,000,000,000 annually under the Special Measures Agreement,
$187,000,000 annually under the Japan Facilities Improvement
Program, $12,100,000,000 for the Futenma Replacement
Facility, and $4,800,000,000 for Marine Corps Air Station
Iwakuni, that directly support operational readiness of
United States forces in Japan and make Japan among the most
significant burden-sharing partners of the United States; and
(11) it is in the national security interest of the United
States that the United States and Japan conclude a new
Special Measures Agreement, negotiated based on the
principles of mutual respect, equity, and our shared national
security interests, prior to the expiration of the current
agreement.
(b) Report.--
(1) In general.--Not later than January 1, 2021, the
Secretary of Defense, in consultation with the Secretary of
State, shall provide a report on the costs most directly
associated with the stationing of United States forces in
Japan to the congressional defense committees, the House
Committee on Foreign Affairs, and the Senate Committee on
Foreign Relations. At a minimum, the report shall include--
(A) a description of each category of costs, including
labor, utilities, training relocation, and any other
categories the Secretary determines to be appropriate, that
are most directly associated with the stationing of United
States forces in Japan;
(B) a detailed description of which costs most directly
associated with the stationing of United States forces in
Japan are incurred in Japan and which such costs are incurred
outside of Japan;
(C) a detailed summary of contributions made by the
Government of Japan that allay the costs to United States of
stationing United States forces in Japan;
(D) the benefits to United States national security and
regional security derived from the forward presence of United
States Armed Forces in Japan;
(E) the impact to the national security of the United
States, the security of Japan, and peace and stability in the
Indo-Pacific region if a new Special Measures Agreement is
not reached before March 31, 2021; and
(F) any other matters the Secretary deems appropriate to
include.
(2) Form.--The report shall be unclassified without any
designation relating to dissemination control, but may
include a classified annex.
Amendment No. 131 Offered by Ms. Eshoo of California
At the end of subtitle C of title II, add the following new
section:
[[Page H3490]]
SEC. 2___. REPORTING ON CONTRIBUTION OF DEVELOPMENT OF
ARTIFICIAL INTELLIGENCE STANDARDS.
Subsection (b) of section 260 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) is
amended by adding at the end the following paragraph:
``(11) A description of efforts of the Center and the
Department of Defense to develop or contribute to the
development of artificial intelligence standards, including--
``(A) the participation of the Center and the Department of
Defense in international and multistakeholder standard-
setting bodies; and
``(B) collaboration between the Center and Department of
Defense and--
``(i) other organizations and elements of the Department of
Defense (including the Defense Agencies and the military
departments);
``(ii) agencies of the Federal Government; and
``(iii) private industry (including the defense industrial
base).''.
AMENDMENT NO. 132 OFFERED BY MS. ESCHOO OF CALIFORNIA
At the end of subtitle B of title IX, add the following new
section:
SEC. 9___. REPORTING ON POST-JAIC ASSIGNMENT.
Subsection (b) of section 260 of the National Defense
Authorization Act for Fiscal Year 2020 (Public Law 116-92) is
amended by adding at the end the following paragraph:
``(11) For each uniformed service member who concluded an
assignment supporting the Center in the previous six months,
a position description of the billet that the service member
transitioned into.''.
AMENDMENT NO. 133 OFFERED BY MR. EVANS OF PENNSYLVANIA
At the end of subtitle D of title VIII, add the following
new section:
SEC. 8__. EXTENSION OF PARTICIPATION IN 8(A) PROGRAM.
(a) In General.--The Administrator of the Small Business
Administration shall ensure that a small business concern
participating in the program established under section 8(a)
of the Small Business Act (15 U.S.C. 637) on or before March
13, 2020, may elect to extend such participation by a period
of 1 year, regardless of whether such concern previously
elected to suspend participation in such program pursuant to
guidance of the Administrator.
(b) Emergency Rulemaking Authority.--Not later than 15 days
after the date of enactment of this section, the
Administrator shall issue regulations to carry out this
section without regard to the notice requirements under
section 553(b) of title 5, United States Code.
AMENDMENT NO. 134 OFFERED BY MS. FINKENAUER OF IOWA
At the end of subtitle B of title II, add the following new
section:
SEC. 2__. MODIFICATION OF MECHANISMS FOR EXPEDITED ACCESS TO
TECHNICAL TALENT AND EXPERTISE AT ACADEMIC
INSTITUTIONS.
Section 217 of the National Defense Authorization Act for
Fiscal Year 2018 (Public Law 115-91; 10 U.S.C. 2358 note) is
amended--
(1) in subsection (a)(2), by inserting ``training,'' after
``management,'';
(2) in subsection (e)--
(A) in paragraph (28) by striking ``Infrastructure
resilience'' and inserting ``Additive manufacturing'';
(B) by redesignating paragraph (30) as paragraph (33); and
(C) by inserting after paragraph (29) the following new
paragraphs:
``(30) Corrosion prevention and control.
``(31) Advanced manufacturing for metal casting.
``(32) 3D and virtual technology training platforms.'';
(3) by redesignating subsections (f) and (g) as subsection
(g) and (h), respectively;
(4) by inserting after subsection (e) the following new
subsection:
``(f) Requirement to Establish Consortia.--
``(1) In general.--In carrying out subsection (a)(1)--
``(A) the Secretary of Defense shall seek to establish at
least one multi-institution consortium through the Office of
the Secretary of Defense;
``(B) the Secretary of the Army shall seek to establish at
least one multi-institution consortium through the Army;
``(C) the Secretary of the Navy shall seek to establish at
least one multi-institution consortium through the Navy; and
``(D) the Secretary of the Air Force shall seek to
establish at least one multi-institution consortium through
the Air Force.
``(2) Report required.--Not later than September 30, 2022,
the Secretary of Defense shall submit to the congressional
defense committees a report on the status of the efforts to
establish consortia under paragraph (1).''; and
(5) in subsection (g), as so redesignated, by striking
``2022'' and inserting ``2026''.
AMENDMENT NO. 135 OFFERED BY MR. FITZPATRICK OF PENNSYLVANIA
At the end of subtitle B of title XXVIII, add the following
new section:
SEC. 28__. IMPROVED DEPARTMENT OF DEFENSE AND LANDLORD
RESPONSE TO IDENTIFICATION AND REMEDIATION OF
SEVERE ENVIRONMENTAL HEALTH HAZARDS IN MILITARY
HOUSING.
(a) Definitions.--In this section:
(1) The terms ``landlord'', ``privatized military
housing'', and ``tenant'' have the meanings given those terms
in section 3001(a) of the Military Construction Authorization
Act for Fiscal Year 2020 (division B of Public Law 116-92;
133 Stat. 1916; 10 U.S.C. 2821 note).
(2) The term ``severe environmental health hazard'' means
asbestos, radon, lead, and such other hazardous substances as
the Secretary of Defense may designate.
(b) Guidance Required.--
(1) In general.--Not later than 180 days after the date of
the enactment of this section, the Secretary of Defense shall
issue guidance regarding hazard assessments conducted under
section 3052(b) of the Military Construction Authorization
Act for Fiscal Year 2020 (division B of Public Law 116-92; 10
U.S.C. 2821 note) subsection (b) and under the process
developed under section 3053(a) of such Act (10 U.S.C. 2821
note) to improve Department of Defense and landlord
identification and resolution of severe environmental health
hazards in housing under the jurisdiction of the Department
of Defense (including privatized military housing).
(2) Testing and inspection requirements.--The guidance
issued under this subsection shall specifically require, on
an annual basis or at more frequent intervals as the
Secretary considers appropriate, the following:
(A) Testing in housing under the jurisdiction of the
Department of Defense (including privatized military housing)
for known severe environmental health hazards.
(B) Inspections of such housing to determine the efficacy
of mitigation or encapsulation measures regarding severe
environmental health hazards. Such inspections shall be
performed by qualified home inspectors (as described in
section 3051(d) of the Military Construction Authorization
Act for Fiscal Year 2020 (division B of Public Law 116-92; 10
U.S.C. 2821 note) and adhere to recognized industry practices
and standards.
(3) Additional requirement for lead encapsulation.--The
guidance issued under this subsection shall specifically
require that testing of the integrity of lead encapsulation
will be performed on an emergency basis at the request of the
affected tenant.
(4) Prompt notification requirement.--The results of
testing and inspections described in paragraphs (2) and (3)
shall be shared with the tenant of the affected housing
within 48 hours after receipt of the results by the housing
management office of the military installation for which the
housing is provided, the installation commander, or the
landlord, whichever occurs first.
(5) Alternative housing.--The Secretary of the military
department concerned shall provide alternative housing to
affected tenants until any discrepancies are resolved, as
provided in the department's displaced tenants policy.
(c) Additional Protections for Certain Members.--Members of
the Armed Forces assigned to a military installation who are
required to reside in on-installation housing (including
privatized military housing on the installation) because of
the members' essential status shall be provided the following
information before occupying the housing (and, in the case of
privatized military housing, signing lease documents):
(1) The most recent results of testing and inspections
described in paragraphs (2) and (3) of subsection (b)
regarding the housing.
(2) If any of the tests and inspections were positive,
information on the mitigation or encapsulation measures in
place in the housing.
(3) Information on required maintenance of mitigation
measures.
AMENDMENT NO. 136 OFFERED BY MRS. FLETCHER OF TEXAS
At the end of subtitle F of title V, insert the following:
SEC. 5__. CONTINUED PARTICIPATION OF SEPARATED MEMBERS OF THE
ARMED FORCES IN SKILLBRIDGE PROGRAMS.
Section 1143(e) of title 10, United States Code, is
amended--
(1) by redesignating paragraph (3) as paragraph (4); and
(2) by inserting after paragraph (2) the following new
paragraph (3):
``(3) In the case of an eligible member who enrolls in a
program under this subsection and who is discharged or
released from active duty in the armed forces before the
completion of the program, such member may continue to
participate in the program until the completion of the
program. The continued participation of such a member in such
a program shall have no effect on the discharge or separation
date of the member or the eligibility of the member for any
pay or benefits.''.
AMENDMENT NO. 137 OFFERED BY MR. FORTENBERRY OF NEBRASKA
At the end of subtitle G of title XII, add the following:
SEC. _. SENSE OF CONGRESS RELATING TO GRAND ETHIOPIAN
RENAISSANCE DAM.
It is the sense of Congress that it is in the best
interests of the stability of the region for Egypt, Ethiopia,
and Sudan to immediately reach a just and equitable agreement
regarding the filling and operation of the Grand Ethiopian
Renaissance Dam.
AMENDMENT NO. 138 OFFERED BY MS. FOXX OF NORTH CAROLINA
Add at the end of subtitle B of title VIII the following
new section:
[[Page H3491]]
SEC. 8__. GUIDELINES AND RESOURCES ON THE ACQUISITION OR
LICENSING OF INTELLECTUAL PROPERTY.
Section 2322 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(c) Guidelines and Resources.--
``(1) In general.--The Secretary of Defense, acting through
the Under Secretary of Defense for Acquisition and
Sustainment, shall develop guidelines and resources on the
acquisition or licensing of intellectual property,
including--
``(A) model forms for specially negotiated licenses
described under section 2320(f) (as appropriate); and
``(B) an identification of definitions, key terms,
examples, and case studies that resolve ambiguities in the
differences between--
``(i) detailed manufacturing and process data;
``(ii) form, fit, and function data; and
``(iii) data required for operations, maintenance,
installation, and training.
``(2) Consultation.--In developing the guidelines and
resources described in paragraph (1), the Secretary shall
regularly consult with appropriate stakeholders, including
large and small businesses, traditional and non-traditional
contractors (including subcontractors), and maintenance
repair organizations.''.
AMENDMENT NO. 139 OFFERED BY MS. FRANKEL OF FLORIDA
Page 1106, line 16, strike ``and''.
Page 1106, line 21, strike the period and insert ``; and''.
Page 1106, after line 21, insert the following new
paragraph:
(6) including Department of Defense personnel who are women
in security cooperation activities of the United States
conducted abroad.
Page 1107, after line 8, insert the following new
subsections and redesignate the subsequent subsections
accordingly:
(e) Pilot Program.--
(1) In general.--The Secretary of Defense, in coordination
with the Secretary of State--
(A) shall direct and carry out a pilot program to conduct
partner country assessments referred to in subsection (d) on
barriers to the participation of women in the national
security forces of participating partner countries (in this
subsection referred to as a ``pilot barrier assessment'');
(B) in carrying out such pilot program, shall seek to enter
into contracts with nonprofit organizations or federally
funded research and development centers independent of the
Department of Defense for the purpose of conducting the pilot
barrier assessments; and
(C) after a pilot barrier assessment is conducted, shall--
(i) review the methods of research and analysis used by any
entity contracted with pursuant to subparagraph (B) in
conducting such assessment and identify lessons learned from
the review; and
(ii) assess the ability of the Department of Defense to
conduct future pilot barrier assessments without entering
into a contract pursuant to subparagraph (B), including by
assessing potential costs and benefits for the Department
that may arise from conducting such future assessments.
(2) Selection of countries.--
(A) In general.--The Secretary of Defense, in consultation
with the commanders of the combatant commands and relevant
United States ambassadors, shall select one partner country
from within the geographic area of responsibility of each
geographic combatant command for participation in the pilot
program.
(B) Consideration.--In making the selection under
subparagraph (A), the demonstrated political commitment of
the partner country to increasing the participation of women
in the security sector and the national security priorities
and theater campaign strategies of the United States shall be
considered.
(3) Pilot barrier assessment.--A pilot barrier assessment
under this subsection shall be--
(A) adapted to the local context of the partner country
being assessed;
(B) conducted in collaboration with the security sector of
the partner country being assessed; and
(C) based on tested methodologies.
(4) Findings.--
(A) In general.--The Secretary of Defense should use
findings from each pilot barrier assessment to inform
effective security cooperation activities and security sector
assistance interventions by the United States in the partner
country assessed. Such activities and interventions shall
substantially increase opportunities for the recruitment,
employment, development, retention, deployment, and promotion
of women in the national security forces of such partner
country (including for deployments to peace operations and
for participation in counterterrorism operations and
activities).
(B) Model methodology.--The Secretary of Defense, in
coordination with the Secretary of State, shall develop a
model barrier assessment methodology from the findings of the
pilot program for use across the geographic combatant
commands.
(5) Reports on pilot program.--
(A) Initial report.--Not later than two years after the
date of the enactment of this Act, the Secretary of Defense,
in coordination with the Secretary of State, shall submit to
the appropriate committees of Congress an initial report on
the implementation of the pilot program under this
subsection, including an identification of the partner
counties selected for participation in the program and the
justifications for such selections.
(B) Update to report.--Not later than two years after the
date on which the initial report under subparagraph (A) is
submitted, the Secretary of Defense, in coordination with the
Secretary of State, shall submit to the appropriate
committees of Congress an update to the initial report.
(C) Report on methodology.--On the date on which the
Secretary of Defense determines the pilot program to be
complete, the Secretary of Defense, in coordination with the
Secretary of State, shall submit to the appropriate
committees of Congress a report on the model barrier
assessment methodology developed under paragraph (4)(B).
(f) Building United States Capacity.--
(1) Military service academies.--Consistent with subsection
(c)(6), the Secretary of Defense shall make every effort to
encourage the admission of diverse individuals (including
individuals who are women) to each military service academy,
including by--
(A) establishing programs that hold commanding officers
accountable for removing biases with respect to such
individuals;
(B) ensuring that each military service academy fosters a
zero tolerance environment for harassment towards such
individuals; and
(C) ensuring that each military service academy fosters
equal opportunities for growth that enable the full
participation of such individuals in all training programs,
career tracks, and elements of the Department, especially in
elements of the Armed Forces previously closed to women, such
as infantry and special operations forces.
(2) Partnerships with schools and nonprofit
organizations.--The Secretary of Defense shall make every
effort to enter into partnerships with elementary schools,
secondary schools, postsecondary educational institutions,
and nonprofit organizations, to support activities relating
to the implementation of the Women, Peace, and Security Act
of 2017.
Page 1108, line 7, strike ``and''.
Page 1108, line 11, strike the period and insert ``; and''.
Page 1108, after line 11, insert the following new
paragraph:
(4) build the capacity of the Department to conduct the
partner country assessments referred to in subsection (d).
Page 1109, after line 13, insert the following new
paragraphs:
(3) The terms ``elementary school'' and ``secondary
school'' have the meanings given those terms in section 8101
of the Elementary and Secondary Education Act of 1965 (20
U.S.C. 7801).
(4) The term ``postsecondary educational institution'' has
the meaning given that term in section 3 of the Carl D.
Perkins Career and Technical Education Act of 2006 (20 U.S.C.
2302).
AMENDMENT NO. 140 OFFERED BY MS. GABBARD OF HAWAII
At the end of subtitle E of title XVII, add the following
new section:
SEC. 1762. HEMP PRODUCTS.
(a) Use of Hemp Products.--The Secretary of Defense may not
prohibit, on the basis of a product containing hemp or any
ingredient derived from hemp, the possession, use, or
consumption of such product by a member of the Armed Forces
if--
(1) the hemp meets the definition in section 297A of the
Agricultural Marketing Act of 1946 (7 U.S.C. 1639o); and
(2) such possession, use, or consumption is in compliance
with applicable Federal, State, and local law.
(b) DOD Directives on Investment and Employment With
Respect to Hemp or Hemp-derived Products.--The Secretary of
Defense may not use any funds authorized to be appropriated
by this Act to prevent any member of the Armed Forces,
including any reserve component thereof, or any member of the
National Guard, from investing in, or being employed by, an
entity engaged in growing, in accordance with Federal law,
hemp or hemp-derived products.
AMENDMENT NO. 141 OFFERED BY MS. GABBARD OF HAWAII
At the end of subtitle G of title XII, add the following:
SEC. _. REPORT ON ALL COMPREHENSIVE SANCTIONS IMPOSED ON
FOREIGN GOVERNMENTS.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the President, in consultation
with the Secretary of State, the Secretary of the Treasury,
the Secretary of Commerce, the Administrator of the United
States Agency for International Development, the United
States Ambassador to the United Nations, and relevant
nongovernmental organizations, shall submit to the
appropriate congressional committees a report on all
comprehensive sanctions imposed on governments of foreign
countries under any provision of law.
(b) Matters to Be Included.--The report required by
subsection (a) shall include--
(1) an assessment of the effect of sanctions imposed on the
government of each foreign country described in subsection
(a) on--
(A) the ability of civilian population of the country to
access water, sanitation, and public health services;
[[Page H3492]]
(B) the changes to the general mortality rate, maternal
mortality rate, life expectancy, and literacy;
(C) the environmental impacts experienced by the country
that may be associated with the sanctions, to include fossil
fuel usage;
(D) the delivery of economic aid and development projects
in the country;
(E) the extent to which there is an increase in refugees or
migration to or from the country or an increase in internally
displaced people in the country;
(F) the economic, political, and military impacts on the
country;
(G) the reactions of the country to the imposed sanctions,
including policy changes and internal sentiment;
(H) the degree of international compliance and non-
compliance of the country; and
(I) the licensing of transactions to allow access to
essential goods and services to vulnerable populations,
including women, children, elderly individuals, and
individuals with disabilities; and
(2) a description of the purpose of sanctions imposed on
the government of each foreign country described in
subsection (a) and the required legal or political authority,
including--
(A) an assessment of United States national security;
(B) an assessment of whether the stated foreign policy
goals of the sanctions are being met;
(C) the degree of international support or opposition that
can be anticipated;
(D) an assessment of such sanctions on United States
businesses and consumers;
(E) criteria for lifting the sanctions; and
(F) prospects for commitment to enforcing the sanctions.
(c) Updates of Report.--The President shall submit to
Congress an updated report under subsection (a)--
(1) not later than one year after the date of the enactment
of this Act, and annually thereafter for 10 years; and
(2) with respect to a new comprehensive sanction imposed on
a government of a foreign country under any provision of law,
not later than 180 days after the date on which the sanctions
are imposed on the government.
(d) Form.--The report required by subsection (a) shall be
submitted in unclassified form, but may contain a classified
annex. The unclassified portion of the report shall be
published on a publicly-available website of the Government
of the United States.
(e) Review by Congress.--Upon receipt of the report
required by subsection (a), Congress shall examine the report
with a focus on the humanitarian impacts of comprehensive
sanctions described in the report, including with respect to
human rights, medical services, food and malnutrition and
access to water, sanitation, and hygiene services.
(f) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the Committee on Foreign Affairs, the Committee on
Financial Services, and the Committee on Ways and Means of
the House of Representatives; and
(B) the Committee on Foreign Relations, the Committee on
Banking, Housing, and Urban Affairs, and the Committee on
Finance of the Senate.
(2) Comprehensive sanction.--The term ``comprehensive
sanctions'' means any prohibition on significant commercial
and financial activity with a foreign government that is
imposed by the United States for reasons of foreign policy or
national security.
AMENDMENT NO. 142 OFFERED BY MS. GABBARD OF HAWAII
Add at the end of subtitle E of title XVII the following:
SEC. 1762. EXEMPTION FROM PAPERWORK REDUCTION ACT.
(a) Uniformed Services University of the Health Sciences.--
Chapter 104 of title 10, United States Code, is amended by
adding at the end the following new section:
``Sec. 2117. Exemption from Paperwork Reduction Act
``Subchapter I of chapter 35 of title 44 shall not apply to
the voluntary collection of information during the conduct of
research by the University.''.
(b) Clerical Amendment.--The table of sections at the
beginning of such chapter is amended by inserting after the
item relating to section 2116 the following new item:
``2117. Exemption from Paperwork Reduction Act.''.
AMENDMENT NO. 144 OFFERED BY MS. GABBARD OF HAWAII
At the end of subtitle C of title V, insert the following:
SEC. 5__. REPORT ON BAD PAPER.
(a) Report Required.--Not later than September 1, 2021, the
Inspector General of the Department of Defense shall submit
to the Committees on Armed Services of the Senate and House
of Representatives a report regarding bad paper issued by the
Department of Defense during the 20 years preceding the date
of the report.
(b) Elements.--The report shall include, with regards to
members who received bad paper, the following, if known:
(1) Sex.
(2) Age.
(3) Religion.
(4) Race.
(5) Ethnicity.
(6) Tribal affiliation.
(7) Sexual orientation.
(8) Reasons for discharge or dismissal.
(9) In a case of a bad conduct or medical discharge,
whether there is evidence the member suffered symptoms of
sexual trauma, including--
(A) post-traumatic stress disorder;
(B) going absent without leave or on unauthorized absence;
(C) inability to complete duties or carry out orders;
(D) insubordination;
(E) substance abuse;
(F) or substance addiction;
(10) Whether the member had filed a complaint within the
chain of command regarding--
(A) fraud, waste, or abuse of Federal funds;
(B) a violation of military or Federal law;
(C) a violation of the Uniform Code of Military Justice;
(D) sexual assault;
(E) sexual harassment;
(F) sexual abuse;
(G) sexual trauma; or
(H) discrimination on the basis of sex, age, religion,
race, ethnicity, Tribal affiliation, or sexual orientation.
(11) Armed Force.
(12) Any other information the Inspector General determines
appropriate.
(c) Interviews.--To prepare report under this section, the
Inspector General may interview veterans or other former
members of the Armed Forces.
(d) Bad Paper Defined.--In this section, ``bad paper''
means a discharge or dismissal from the Armed Forces
characterized as--
(1) dishonorable;
(2) bad conduct; or
(3) other than honorable.
AMENDMENT NO. 145 OFFERED BY MR. GALLAGHER OF WISCONSON
At the end of subtitle A of title XVII, add the following:
SEC. 1706. GAO REPORT ON ZTE COMPLIANCE WITH SETTLEMENT
AGREEMENT.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the Comptroller General of the
United States shall submit to Congress a report on the
compliance of Zhongxing Telecommunications Equipment
Corporation and ZTE Kangxun Telecommunications Ltd.
(collectively referred to in this section as ``ZTE'') with
the Superseding Settlement Agreement and Superseding Order
reached with the Department of Commerce on June 8, 2018 (in
this section referred to as the ``agreement'').
(b) Matters to Be Included.--The report required by
subsection (a) shall include a comprehensive analysis of the
following:
(1) The level of compliance by ZTE, past and present, with
the obligations of ZTE under the agreement.
(2) The transparency and candor of ZTE in representing such
level of compliance.
(3) Efforts by the United States Government to monitor,
report on, and ensure compliance by ZTE with the agreement.
(4) Whether any actions taken by ZTE since June 8, 2018,
constitute a material breach of the obligations of ZTE under
the agreement.
(5) Recommended courses of action for the United States
Government to improve compliance by ZTE with the agreement or
to respond to a material breach of the obligations of ZTE
under the agreement.
AMENDMENT NO. 146 OFFERED BY MR. GALLAGHER OF WISCONIN
At the end of subtitle C of title VIII, add the following
new section:
SEC. 8__. BRIEFING ON THE SUPPLY CHAIN FOR SMALL UNMANNED
AIRCRAFT SYSTEM COMPONENTS.
(a) Briefing Required.--Not later than 180 days after the
date of the enactment of this Act, the Under Secretary of
Defense for Acquisition and Sustainment, in consultation with
the Administrator of the National Aeronautics and Space
Administration, shall provide to the appropriate
congressional committees a briefing on the supply chain for
small unmanned aircraft system components, including a
discussion of current and projected future demand for small
unmanned aircraft system components.
(b) Elements.--The briefing under subsection (a) shall
include the following:
(1) The sustainability and availability of secure sources
of critical components domestically and from sources in
allied and partner nations.
(2) The cost, availability, and quality of secure sources
of critical components and other relevant information
domestically and from sources in allied and partner nations.
(3) The plan of the Department of Defense to address any
gaps or deficiencies presented in paragraphs (1) and (2),
including through the use of funds available under the
Defense Production Act of 1950 (50 U.S.C. 4501 et seq.) and
partnerships with the National Aeronautics and Space
Administration and other public and private stakeholders.
(4) Such other information as the Under Secretary of
Defense for Acquisition and Sustainment determines to be
appropriate.
(c) Definitions.--In this section:
(1) Appropriate congressional committees.--The term
``appropriate congressional committees'' means--
(A) the congressional defense committees;
(B) the Committee on Science, Space, and Technology and the
Committee on Transportation and Infrastructure of the House
of Representatives; and
[[Page H3493]]
(C) the Committee on Commerce, Science, and Transportation
of the Senate.
(2) Small unmanned aircraft; unmanned aircraft system.--The
terms ``small unmanned aircraft'' and ``unmanned aircraft
system'' have the meanings given, respectively, in section
44801 of title 49, United States Code.
AMENDMENT NO. 147 OFFERED BY Mr. Gallagher of Wisconsin
Add at the end of subtitle C of title VIII the following:
SEC. 8__. PROHIBITION ON PROCUREMENT OR OPERATION OF FOREIGN-
MADE UNMANNED AIRCRAFT SYSTEMS.
(a) Prohibition on Procurement.--
(1) In general.--Except as otherwise provided in this
subsection, the head of an executive agency may not procure
any commercial off-the-shelf drone or covered unmanned
aircraft, or any component thereof for use in such a drone or
unmanned aircraft, that is manufactured or assembled by a
covered foreign entity, including any flight controllers,
radios, core processors, printed circuit boards, cameras, or
gimbals.
(2) Exemption.--The Secretary of Homeland Security and the
Secretary of Defense are exempt from the requirements of
paragraph (1) if the operation or procurement--
(A) is for the purposes of training, testing, or analysis
for--
(i) counter-UAS system surrogate intelligence;
(ii) electronic warfare; or
(iii) information warfare operations; and
(B) is required in the national interest of the United
States.
(3) Procurement of printed circuit boards.--
(A) In general.--Beginning in fiscal year 2023, the head of
an executive agency shall require that any contractor or
subcontractor that provides printed circuit boards for use in
covered unmanned aircraft or commercial off-the-shelf drones
to certify that, of the total value of the printed circuit
boards provided by such contractor or subcontractor pursuant
to a contract with an executive agency, not more than the
percentages set forth in subparagraph (B) were manufactured
and assembled by a covered foreign entity.
(B) Percentages.--In making a certification under
subsection (a), a contractor or subcontractor shall use the
following percentages:
(i) During fiscal years 2023 through 2027, the lesser of--
(I) 50 percent; or
(II) 25 percent, if the relevant head of an executive
agency has determined that suppliers other than covered
foreign entities are capable of supplying 75 percent of the
requirements of the executive agency for printed circuit
boards.
(ii) During fiscal years 2028 through 2032, the lesser of--
(I) 25 percent; or
(II) Zero percent, if the relevant head of an executive
agency has determined that suppliers other than covered
foreign entities are capable of supplying 100 percent the
requirements of the executive agency for printed circuit
boards.
(C) Remediation.--
(i) In general.--If a contractor or subcontractor is unable
to make the certification required under subparagraph (A),
the head of an executive agency may accept printed circuit
boards from such contractor or subcontractor for up to one
year while requiring the contractor to complete a remediation
plan. Such plan shall be submitted to Congress and shall
require the contractor or subcontractor that failed to make
the certification required under subparagraph (A) to--
(I) audit its supply chain to identify any areas of
security vulnerability; and
(II) meet the requirements of subparagraph (A) within one
year after the initial missed certification deadline.
(ii) Restriction.--No contractor or subcontractor that has
supplied printed circuit boards while under a remediation
plan shall be eligible to enter into another remediation plan
under subparagraph (C) for a period of five years.
(iii) Waiver.--The head of an executive agency may waive
the requirement under subparagraph (A) with respect to a
contractor or subcontractor if the head of an executive
agency determines that--
(I) there are no significant national security concerns
regarding counterfeiting, quality, or unauthorized access
created by accepting printed circuit boards under such
waiver; and
(II) the contractor is otherwise in compliance with all
cybersecurity requirements applicable to such contractor
under Federal laws or regulations.
(iv) Availability exception.--Subparagraph (A) shall not
apply to the extent that the head of an executive agency
determines that printed circuit boards of satisfactory
quality and sufficient quantity, in the required form, cannot
be procured as and when needed from entities that are not
covered foreign entities.
(4) Waiver.--The head of an executive agency may waive the
prohibition under paragraph (1), except with respect to a
contract to procure printed circuit boards for use in covered
unmanned aircraft or commercial off-the-shelf drones, on a
case-by-case basis with the approval of the Secretary of
Homeland Security or the Secretary of Defense and
notification to Congress.
(5) Component prohibition applicability.--Except as
otherwise provided in this subsection, the prohibition under
paragraph (1) regarding components of commercial off-the-
shelf drones or covered unmanned aircraft shall apply only to
contracts for the procurement of such components that are
entered into on or after the date that is 2 years after the
date of the enactment of this Act.
(b) Prohibition on Operation.--
(1) Prohibition.--
(A) In general.--Beginning not later than 180 days after
the date of the enactment of this Act, the head of an
executive agency may not operate a commercial off-the-shelf
drone or covered unmanned aircraft manufactured or assembled
by a covered foreign entity.
(B) Phase-in period for existing contracts.--The
prohibition under subparagraph (A) shall not apply, during
the 1-year period beginning on the date of the enactment of
this Act, to commercial off-the-shelf drones and covered
unmanned aircraft procured through a contract entered into
before the date of the enactment of this Act.
(2) Exemption.--The Secretary of Homeland Security and the
Secretary of Defense are exempt from the restriction under
paragraph (1) if the operation--
(A) is for the purposes of training, testing, or analysis
for--
(i) counter-UAS system surrogate intelligence;
(ii) electronic warfare; or
(iii) information warfare operations; and
(B) is required in the national interest of the United
States.
(3) Waiver.--The head of an executive agency may waive the
prohibition under paragraph (1) on a case-by-case basis with
the approval of the Secretary of Homeland Security or the
Secretary of Defense and notification to Congress.
(4) Regulations.--Not later than 180 days after the date of
the enactment of this Act, the Director of the Office of
Management and Budget, in coordination with the Secretary of
Homeland Security, Secretary of Transportation, the Attorney
General, and such other Federal departments and agencies as
determined by the Director of the Office of Management and
Budget, and in consultation with the Under Secretary of
Commerce for Standards and Technology, shall establish a
Governmentwide policy for the operation of UASs for non-
Department of Defense and non-intelligence community
operations.
(c) Prohibition on Use of Federal Funds.--The requirements
described in subsection (a) shall apply with respect to the
use of Federal funds awarded through a contract, grant, or
cooperative agreement, or made available to a State or local
government, or any subdivision thereof.
(d) Comptroller General Report.--Not later than 90 days
after the date of the enactment of this Act, the Comptroller
General of the United States shall submit to Congress a
report on the quantity of commercial off-the-shelf drones and
covered unmanned aircraft procured by Federal departments and
agencies from covered foreign entities.
(e) Interaction With Other Law.--Section 848 of the
National Defense Authorization Act for Fiscal Year 2020 (10
U.S.C. 2302 note) does not apply with respect to a commercial
off-the-shelf drone or covered unmanned aircraft, or any
component thereof intended for use in such a drone or
unmanned aircraft, to which the provisions of this Act apply.
(f) Definitions.--In this section:
(1) Commercial off-the-shelf drone.--The term ``commercial
off-the-shelf drone'' means a covered unmanned aircraft that
is a commercially available off-the-shelf item (as defined in
section 104 of title 41, United States Code).
(2) Covered foreign entity.--The term ``covered foreign
entity'' means--
(A) a covered entity (as determined by the Secretary of
Commerce);
(B) any entity that is subject to extrajudicial direction
from a foreign government, as determined by the Director of
National Intelligence;
(C) any entity the Secretary of Homeland Security, in
coordination with the Director of National Intelligence, the
Secretary of Defense, and the Secretary of State, determines
poses a national security risk;
(D) any entity subject to influence or control by the
Government of the People Republic of China or the Communist
Party of the People's Republic of China, as determined by the
Secretary of Homeland Security; and
(E) any subsidiary or affiliate of an entity described in
subparagraphs (A) through (D).
(3) Covered unmanned aircraft.--The term ``covered unmanned
aircraft'' means an unmanned aircraft or unmanned aircraft
system as such terms are defined, respectively, in section
44801 of title 49, United States Code.
(4) Executive agency.--The term ``executive agency'' has
the meaning given such term in section 105 of title 5, United
States Code.
(5) Intelligence community.--The term ``intelligence
community'' has the meaning given such term in section 3 of
the National Security Act of 1947 (50 U.S.C. 3003).
(6) UAS.--The term ``UAS'' has the meaning given the term
``unmanned aircraft system'' in section 44801 of title 49,
United States Code.
AMENDMENT NO. 148 OFFERED BY Mr. Gohmert of Texas
At the end of subtitle D of title V, add the following new
section:
[[Page H3494]]
SEC. 5__. PROHIBITION ON CERTAIN COMMUNICATIONS REGARDING
COURTS-MARTIAL.
Section 825 of title 10, United States Code (article 25 of
the Uniform Code of Military Justice) is amended by adding at
the end the following new subsection:
``(g) No individual may provide a briefing concerning a
potential or pending court-martial to a member of the armed
forces who may be selected to serve on the court-martial.''.
AMENDMENT NO. 149 OFFERED BY Mr. Golden of Maine
At the end of subtitle C of title VII, add the following
new section:
SECTION ___. PANDEMIC HEALTH ASSESSMENTS EVALUATE EXPOSURE TO
OPEN BURN PITS AND TOXIC AIRBORNE CHEMICALS.
(a) Exposure to Open Burn Pits and Toxic Airborne Chemicals
or Other Airborne Contaminants as Part of Health Assessments
for Members of the Armed Forces and Veterans During a
Pandemic and Inclusion of Information in Registry.--
(1) Health assessment.--The Secretary of Defense and
Secretary of Veterans Affairs shall ensure that the first
health assessment conducted for a member of the Armed Forces
or veteran after the individual tested positive for a virus
certified by the Federal Government as a pandemic includes an
evaluation of whether the individual has been--
(A) based or stationed at a location where an open burn pit
was used; or
(B) exposed to toxic airborne chemicals or other airborne
contaminants relating to service in the Armed Forces,
including an evaluation of any information recorded as part
of the Airborne Hazards and Open Burn Pit Registry.
(2) Inclusion of individuals in registry.--If an evaluation
conducted under paragraph (1) with respect to an individual
establishes that the individual was based or stationed at a
location where an open burn pit was used, or that the
individual was exposed to toxic airborne chemicals or other
airborne contaminants, the individual shall be enrolled in
the Airborne Hazards and Open Burn Pit Registry unless the
member elects to not enroll in such registry.
(3) Rule of construction.--Nothing in this subsection may
be construed to preclude eligibility of a veteran for
benefits under the laws administered by the Secretary of
Veterans Affairs by reason of the history of exposure of the
veteran to an open burn pit not being recorded in an
evaluation conducted under paragraph (1).
(4) Definitions.--In this subsection:
(A) Airborne hazards and open burn pit registry.--The term
``Airborne Hazards and Open Burn Pit Registry'' means the
registry established by the Secretary of Veterans Affairs
under section 201 of the Dignified Burial and Other Veterans'
Benefits Improvement Act of 2012 (Public Law 112-260; 38
U.S.C. 527 note).
(B) Open burn pit.--The term ``open burn pit'' has the
meaning given that term in section 201(c) of the Dignified
Burial and Other Veterans' Benefits Improvement Act of 2012
(Public Law 112-260; 126 Stat. 2422; 38 U.S.C. 527 note).
(b) Study on Impact of Viral Pandemics on Members of Armed
Forces and Veterans Who Have Experienced Toxic Exposure.--
(1) In general.--The Secretary of Veterans Affairs shall
conduct a study, through the Airborne Hazards and Burn Pits
Center of Excellence (in this subsection referred to as the
``Center''), on the health impacts of infection with a virus
designated as a global pandemic, including a coronavirus, to
members of the Armed Forces and veterans who have been
exposed to open burn pits and other toxic exposures for the
purposes of understanding the health impacts of the virus and
whether individuals infected with the virus are at increased
risk of severe symptoms due to previous conditions linked to
toxic exposure.
(2) Preparation for future pandemic.--The Secretary,
through the Center, shall analyze potential lessons learned
through the study conducted under paragraph (1) to assist in
preparing the Department of Veterans Affairs for potential
future pandemics.
(3) Definitions.--In this subsection:
(A) Coronavirus.--The term ``coronavirus'' has the meaning
given that term in section 506 of the Coronavirus
Preparedness and Response Supplemental Appropriations Act,
2020 (Public Law 116-123).
(B) Open burn pit.--The term ``open burn pit'' has the
meaning given that term in section 201(c) of the Dignified
Burial and Other Veterans' Benefits Improvement Act of 2012
(Public Law 112-260; 126 Stat. 2422; 38 U.S.C. 527 note).
AMENDMENT NO. 150 OFFERED BY Mr. Golden of Maine
Page 470, after line 6, insert the following:
SEC. 626. GOLD STAR FAMILIES PARKS PASS.
(a) Short Title.--This section may be referred to as the
``Gold Star Families Parks Pass Act''.
(b) Gold Star Families Parks Pass.--Section 805(b) of
division J of the Consolidated Appropriations Act, 2005 (16
U.S.C. 6804(b); 118 Stat. 3386), is amended by adding at the
end the following new paragraph:
``(3) Gold star families parks pass.--The Secretary shall
make the National Parks and Federal Recreational Lands Pass
available, at no cost, to members of Gold Star Families, as
defined by section 3.2 of Department of Defense Instruction
1348.36.''.
AMENDMENT NO. 151 OFFERED BY Mr. Gonzalez of Ohio
Page 1115, after line 5, insert the following:
Subtitle F--Accountability for World Bank Loans to China
SEC. 1771. SHORT TITLE.
This subtitle may be cited as the ``Accountability for
World Bank Loans to China Act of 2019''.
SEC. 1772. FINDINGS.
The Congress finds as follows:
(1) Possessing more than $3,000,000,000,000 in foreign
exchange reserves, the People's Republic of China has devoted
state resources to establish the Asian Infrastructure
Investment Bank, the New Development Bank, and activities
under the Belt and Road Initiative, potentially creating
rivals to the multilateral development banks led by the
United States and its allies.
(2) The International Bank for Reconstruction and
Development (IBRD), the World Bank's primary financing
institution for middle-income countries, ceases to finance
(``graduates'') countries that are able to sustain long-term
development without recourse to Bank resources.
(3) The IBRD examines a country's potential graduation when
the country reaches the Graduation Discussion Income (GDI),
which amounts to a Gross National Income (GNI) per capita of
$6,975.
(4) The World Bank calculates China's GNI per capita as
equivalent to $9,470.
(5) According to the Center for Global Development, China
has received $7,800,000,000 in IBRD commitments since
crossing the GDI threshold in 2016.
SEC. 1773. UNITED STATES SUPPORT FOR GRADUATION OF CHINA FROM
WORLD BANK ASSISTANCE.
(a) In General.--The United States Governor of the
International Bank for Reconstruction and Development (IBRD)
shall instruct the United States Executive Director at the
IBRD that it is the policy of the United States to--
(1) pursue the expeditious graduation of the People's
Republic of China from assistance by the IBRD, consistent
with the lending criteria of the IBRD; and
(2) until the graduation of China from IBRD assistance,
prioritize projects in China that contribute to global public
goods, to the extent practicable.
(b) Sunset.--Subsection (a) shall have no force or effect
on or after the earlier of--
(1) the date that is 7 years after the date of the
enactment of this Act; or
(2) the date that the Secretary of the Treasury reports to
the Committee on Financial Services of the House of
Representatives and the Committee on Foreign Relations of the
Senate that termination of subsection (a) is important to the
national interest of the United States, with a detailed
explanation of the reasons therefor.
SEC. 1774. ACCOUNTABILITY FOR WORLD BANK LOANS TO THE
PEOPLE'S REPUBLIC OF CHINA.
(a) In General.--Not later than 180 days after the date of
the enactment of this Act, the United States Governor of the
International Bank for Reconstruction and Development (in
this section referred to as the ``IBRD'') shall submit the
report described in subsection (b) to the Committee on
Financial Services of the House of Representatives and the
Committee on Foreign Relations of the Senate.
(b) Report Described.--The report described in this
subsection shall include the following:
(1) A detailed description of the efforts of the United
States Governor of the IBRD to enforce the timely graduation
of countries from the IBRD, with a particular focus on the
efforts with regard to the People's Republic of China.
(2) If the People's Republic of China is a member country
of the IBRD, an explanation of any economic or political
factors that have prevented the graduation of the People's
Republic of China from the IBRD.
(3) A discussion of any effects resulting from fungibility
and IBRD lending to China, including the potential for IBRD
lending to allow for funding by the government of the
People's Republic of China of activities that may be
inconsistent with the national interest of the United States.
(4) An action plan to help ensure that the People's
Republic of China graduates from the IBRD within 2 years
after submission of the report, consistent with the lending
eligibility criteria of the IBRD.
(c) Waiver of Requirement That Report Include Action
Plan.--The Secretary of the Treasury may waive the
requirement of subsection (b)(4) on reporting to the
Committee on Financial Services of the House of
Representatives and the Committee on Foreign Relations of the
Senate that the waiver is important to the national interest
of the United States, with a detailed explanation of the
reasons therefor.
SEC. 1775. ENSURING DEBT TRANSPARENCY WITH RESPECT TO THE
BELT AND ROAD INITIATIVE.
Within 180 days after the date of the enactment of this
Act, the Secretary of the Treasury shall, in consultation
with the Secretary of State, submit to the Committee on
Financial Services and the Committee on Foreign Affairs of
the House of Representatives and the Committee on Foreign
Relations of the
[[Page H3495]]
Senate a report (which should be submitted in unclassified
form but may include a classified annex) that includes the
following:
(1) An assessment of the level of indebtedness of countries
receiving assistance through the Belt and Road Initiative
that are also beneficiary countries of the international
financial institutions, including the level and nature of
indebtedness to the People's Republic of China or an entity
owned or controlled by the government of the People's
Republic of China.
(2) An analysis of debt management assistance provided by
the World Bank, the International Monetary Fund, and the
Office of Technical Assistance of the Department of the
Treasury to borrowing countries of the Belt and Road
Initiative of the People's Republic of China (or any
comparable initiative or successor initiative of China).
(3) An assessment of the effectiveness of United States
efforts, including bilateral efforts and multilateral
efforts, at the World Bank, the International Monetary Fund,
other international financial institutions and international
organizations to promote debt transparency.
AMENDMENT NO. 152 OFFERED BY Miss Gonzalez-Colon of Puerto Rico
At the end of subtitle E of title XVII, insert the
following:
SEC. __. SUPPORT FOR THE DESIGNATION OF NATIONAL
BORINQUENEERS DAY.
(a) Sense of Congress.--It is the Sense of Congress that--
(1) in 1898, Puerto Rico became a territory of the United
States and, the following year, Congress authorized raising a
military unit of volunteer soldiers on the island, which was
organized as the ``Puerto Rico Regiment of Volunteer
Infantry'';
(2) in 1908, Congress incorporated the regiment as part of
the regular United States Army as the ``Puerto Rico Regiment
of Infantry'';
(3) in 1917, after the United States entry into World War
I, the Puerto Rico Regiment of Infantry was sent to Panama to
defend the Panama Canal Zone;
(4) in 1920, Congress redesignated the unit as the 65th
Infantry Regiment of the United States Army;
(5) during World War II, the 65th Infantry Regiment served
in North Africa and Europe, including combat operations in
France and Germany for which members of the unit received
commendations for valiant service, including 1 Distinguished
Service Cross, 2 Silver Stars, 2 Bronze Stars, and 90 Purple
Hearts;
(6) in 1950, the 65th Infantry Regiment deployed to South
Korea, and during the voyage the soldiers nicknamed the unit
the ``Borinqueneers'', a reference to the native Taino
Tribe's name for the island of Puerto Rico;
(7) during the Korean war, the 65th Infantry Regiment
(hereinafter, the ``Borinqueneers'') engaged in substantial
combat operations on the Korean Peninsula, and the unit
played a central role in several important offensives and
counter-offensives that earned it well-deserved admiration
and commendation;
(8) the Borinqueneers' extraordinary service during the
Korean war resulted in the Regiment receiving 2 Presidential
Unit Citations (Army and Navy), 2 Republic of Korea
Presidential Unit Citations, a Meritorious Unit Commendation
(Army), a Navy Unit Commendation, the Chryssoun Aristion
Andrias (Bravery Gold Medal of Greece), and campaign
participation credits for United Nations Offensive, Chinese
Communist Forces (CCF) Intervention, First United Nations
Counteroffensive, CCF Spring Offensive, United Nations
Summer-Fall Offensive, Second Korean Winter, Korea Summer-
Fall 1952, Third Korean Winter, and Korea Summer 1953;
(9) the Borinqueneers' extraordinary service during the
Korean war also resulted in numerous individual commendations
and awards for its soldiers, including 1 Medal of Honor, 9
Distinguished Service Crosses, more than 250 Silver Stars,
more than 600 Bronze Stars, and more than 2,700 Purple
Hearts;
(10) in 1956, the 65th Infantry Regiment was deactivated
from the regular United States Army and, in 1959, its units
and regimental number were assigned to the Puerto Rico
National Guard;
(11) in 1982, the United States Army Center of Military
History officially authorized designating the 65th Infantry
Regiment as the ``Borinqueneers''; and
(12) on April 13, 2016, Congress awarded the Congressional
Gold Medal to the 65th Infantry Regiment in recognition of
the Borinqueneers' numerous contributions to American history
and outstanding military service from World War I through the
recent conflicts in Afghanistan and Iraq.
(b) Resolution.--The House of Representatives--
(1) expresses support for the designation of ``National
Borinqueneers Day'';
(2) recognizes the bravery, service, and sacrifice of the
Puerto Rican soldiers of the 65th Infantry Regiment in the
armed conflicts of the United States in the 20th and 21st
centuries;
(3) expresses deep gratitude for the contributions to the
Armed Forces that have been made by hundreds of thousands of
patriotic United States citizens from Puerto Rico; and
(4) urges individuals and communities across the United
States to participate in activities that are designed--
(A) to celebrate the distinguished service of the military
veterans who served in the 65th Infantry Regiment, known as
the ``Borinqueneers'';
(B) to pay tribute to the sacrifices made and adversities
overcome by Puerto Rican and Hispanic military service
members; and
(C) to recognize the significant contributions to American
history made by the 65th Infantry Regiment, known as the
``Borinqueneers''.
AMENDMENT NO. 153 Offered by Miss Gonzalez-Colon of Puerto Rico
At the end of subtitle D of title VII, add the following
new section:
SEC. 746. BRIEFING ON EXTENSION OF TRICARE PRIME TO ELIGIBLE
BENEFICIARIES IN PUERTO RICO AND OTHER UNITED
STATES TERRITORIES.
(a) Briefing.--Not later than 90 days after the date of the
enactment of this Act, the Secretary of Defense shall provide
to the congressional defense committees a briefing on the
feasibility, benefits, and costs of extending eligibility to
enroll in TRICARE Prime to eligible beneficiaries who reside
in Puerto Rico and other United States territories.
(b) Elements.--The briefing under subsection (a) shall
provide an assessment specifically tailored to each United
States territory and include, at a minimum--
(1) a description and update of the findings contained in
the 2019 Department of Defense report on the feasibility and
effect of extending TRICARE Prime to eligible beneficiaries
residing in Puerto Rico, as required by the conference report
accompanying the John S. McCain National Defense
Authorization Act for Fiscal Year 2019 (Public Law 115-232);
(2) an assessment of whether otherwise eligible
beneficiaries residing in Puerto Rico and other United States
territories have access to health care that is equivalent,
with respect to both quality and cost, to the care available
to their counterparts residing in the States and the District
of Columbia;
(3) an assessment of the feasibility, benefits, beneficiary
satisfaction and costs of extending TRICARE Prime to some,
but not all, categories of beneficiaries residing in Puerto
Rico and other United States territories; and
(4) an assessment of opportunities to partner with other
Federal health care systems to support resources and share
costs and services in extending TRICARE Prime in Puerto Rico
and the other United States territories.
(c) Other United States Territories Defined.--In this
section, the term ``other United States territories'' means
American Samoa, Guam, the Northern Mariana Islands, and the
United States Virgin Islands.
AMENDMENT NO. 154 Offered by Mr. Gosar of Arizona
Page 577, line 19, insert ``(a) In General.--'' before
``The Secretary''.
Page 578, after line 4, insert the following new
subsection:
(b) Eliminate Dependency on China.--Not later than 180 days
after the date of the enactment of this Act, the Under
Secretary of Defense for Acquisition and Sustainment, in
consultation with the Under Secretary of Defense
(Comptroller), the Vice Chairman of the Joint Chiefs of
Staff, and the appropriate Under Secretary of State, as
designated by the Secretary of State, shall issue guidance to
ensure the elimination of the dependency of the United States
on rare earth materials from China by fiscal year 2035.
AMENDMENT NO. 155 Offered by Mr. Gottheimer of New Jersey
At the end of subtitle D of title X, insert the following:
SEC. 10__. ANNUAL REPORT ON USE OF SOCIAL MEDIA BY FOREIGN
TERRORIST ORGANIZATIONS.
(a) Annual Report.--The Secretary of Defense, in
coordination with the Secretary of State, shall submit to the
appropriate congressional committees an annual report on--
(1) the use of online social media platforms by entities
designated as foreign terrorist organizations by the
Department of State for recruitment, fundraising, and the
dissemination of information; and
(2) the threat posed to the national security of the United
States by the online radicalization of terrorists and violent
extremists.
(b) Appropriate Congressional Committees.--In this section,
the appropriate congressional committees are--
(1) the Committee on Armed Services, the Committee on
Foreign Affairs, and the Permanent Select Committee on
Intelligence of the House of Representatives; and
(2) the Committee on Armed Services, the Committee on
Foreign Relations, and the Select Committee on Intelligence
of the Senate.
AMENDMENT NO. 156 Offered by Mr. Gottheimer of New Jersey
At the end of subtitle B of title V, insert the following:
SEC. 5__. QUARANTINE HOUSING FOR MEMBERS OF THE NATIONAL
GUARD WHO PERFORM CERTAIN DUTY IN RESPONSE TO
THE COVID-19 EMERGENCY.
(a) In General.--The Secretary of Defense shall provide, to
a member of the National Guard who performs a period of
covered duty, housing for not fewer than 14 days immediately
after the end of such period of covered duty.
(b) Definitions.--In this section:
(1) The term ``covered duty'' means full-time National
Guard duty performed in response to the covered national
emergency.
[[Page H3496]]
(2) 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.
(3) The term ``full-time National Guard duty'' has the
meaning given that term in section 101 of title 10, United
States Code.
AMENDMENT NO. 157 Offered by Mr. Gottheimer of New Jersey
Page 237, line 18, after ``sites,'' insert the following:
``, and any testing for lead or copper at a Department
education activity facility,''.
AMENDMENT NO. 158 Offered by Mr. Gottheimer of New Jersey
At the end of subtitle J of title V, insert the following:
SEC. 5__. ANNUAL REPORT REGARDING COST OF LIVING FOR MEMBERS
AND EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
Section 136 of title 10, United States Code, is amended by
adding at the end the following new subsection:
``(e) The Under Secretary of Defense for Personnel and
Readiness shall submit annually to the Committees on Armed
Services of the Senate and House of Representatives a report
containing an analysis of the costs of living, nationwide,
for
``(1) members of the Armed Forces on active duty; and
``(2) employees of the Department of Defense.''.
AMENDMENT NO. 159 Offered by Mr. Graves of Louisiana
At the end of subtitle I of title V, insert the following:
SEC. 5__. ELIGIBILITY OF VETERANS OF OPERATION END SWEEP FOR
VIETNAM SERVICE MEDAL.
The Secretary of the military department concerned may,
upon the application of an individual who is a veteran who
participated in Operation End Sweep, award that individual
the Vietnam Service Medal.
AMENDMENT NO. 160 Offered by Mr. Graves of Louisiana
In subtitle B of title V, add at the end the following:
SEC. __. NATIONAL GUARD SUPPORT TO MAJOR DISASTERS.
(a) In General.--Section 502(f) of title 32, United States
Code, is amended--
(1) in paragraph (2), by adding at the end the following:
``(C) Operations or missions authorized by the President or
the Secretary of Defense to support large scale, complex,
catastrophic disasters, as defined by section 311(3) of title
6, United States Code, at the request of a State governor.'';
and
(2) by adding at the end the following:
``(4) With respect to operations or missions described
under paragraph (2)(C), there is authorized to be
appropriated to the Secretary of Defense such sums as may be
necessary to carry out such operations and missions, but only
if--
``(A) an emergency has been declared by the governor of the
applicable State; and
``(B) the President has declared the emergency to be a
major disaster for the purposes of the Robert T. Stafford
Disaster Relief and Emergency Assistance Act.''.
(b) Report on Methods To Enhance Domestic Response to Large
Scale, Complex and Catastrophic Disasters.--
(1) In general.--Not later than 180 days after the date of
the enactment of this Act, the Secretary of Defense, in
consultation and coordination with the Federal Emergency
Management Agency, the National Security Council, the Council
of Governors, and the National Governors Association, shall
submit to the congressional defense, the Committees on
Transportation and Infrastructure and Homeland Security of
the House of Representatives, and the Committee on Homeland
Security and Governmental Affairs of the Senate a report on
their plan to establish policy and processes to implement the
authority provided by the amendments made by section 520. The
report shall include a detailed examination of the policy
framework consistent with existing authorities, identify
major statutory or policy impediments to implementation, and
make recommendations for legislation as appropriate.
(2) Contents.--The report submitted under paragraph (1)
shall include a description of--
(A) the current policy and processes whereby governors can
request activation of the National Guard under title 32,
United States Code, as part of the response to large scale,
complex, catastrophic disasters that are supported by the
Federal Government and, if no formal process exists in
policy, the Secretary of Defense shall provide a timeline and
plan to establish such a policy, including consultation with
the Council of Governors and the National Governors
Association;
(B) the Secretary of Defense's assessment, informed by
consultation with the Federal Emergency Management Agency,
the National Security Council, the Council of Governors, and
the National Governors Association, regarding the sufficiency
of current authorities for the reimbursement of National
Guard and Reserve manpower during large scale, complex,
catastrophic disasters under title 10 and title 32, United
States Code, and specifically whether reimbursement
authorities are sufficient to ensure that military training
and readiness are not degraded to fund disaster response, or
invoking them degrades the effectiveness of the Disaster
Relief Fund;
(C) the Department of Defense's plan to ensure there is
parallel and consistent policy in the application of the
authorities granted under section 12304a of title 10, United
States Code, and section 502(f) of title 32, United States
Code, including--
(i) a description of the disparities between benefits and
protections under Federal law versus State active duty;
(ii) recommended solutions to achieve parity at the Federal
level; and
(iii) recommended changes at the State level, if
appropriate;
(D) the Department of Defense's plan to ensure there is
parity of benefits and protections for military members
employed as part of the response to large scale, complex,
catastrophic disasters under title 32 or title 10, United
States Code, and recommendations for addressing shortfalls;
and
(E) a review, by the Federal Emergency Management Agency,
of the current policy for, and an assessment of the
sufficiency of, reimbursement authority for the use of all
National Guard and Reserve, both to the Department of Defense
and to the States, during large scale, complex, catastrophic
disasters, including any policy and legal limitations, and
cost assessment impact on Federal funding.
AMENDMENT NO. 161 Offered by Mr. Green of Texas
At the end of subtitle A of title XVII, add the following
new section:
SEC. 1706. GAO STUDY OF CYBERSECURITY INSURANCE.
(a) Study.--The Comptroller General of the United States
shall conduct a study to assess and analyze the state and
availability of insurance coverage in the United States for
cybersecurity risks, which shall include--
(1) identifying the number and dollar volume of cyber
insurance policies currently in force and the percentage of
businesses, and specifically small businesses, that have
cyber insurance coverage;
(2) assessing the extent to which States have established
minimum standards for the scope of cyber insurance policies;
and
(3) identifying any barriers to modeling and underwriting
cybersecurity risks.
(b) Report.--Not later than the expiration of the 180-day-
month period beginning on the date of the enactment of this
Act, the Comptroller General shall submit a report to the
Congress setting forth the findings and conclusions of the
study conducted pursuant to subsection (a), which shall
include recommendations on whether or not Federal
intervention would help facilitate the growth and development
of insurers offering coverage for cybersecurity risks, the
availability and affordability of such coverage, and
policyholder education regarding such coverage.
AMENDMENT NO. 162 Offered by Mr. Green of Tennessee
Page 978, after line 16, add the following new section:
SEC. 1637. STRENGTHENING FEDERAL NETWORKS.
(a) Authority.--Section 3553(b) of title 44, United States
Code, is amended--
(1) in paragraph (6)(D), by striking ``; and'' at the end
and inserting a semicolon;
(2) by redesignating paragraph (7) as paragraph (8); and
(3) by inserting after paragraph (6) the following new
paragraph:
``(7) hunting for and identifying, with or without advance
notice, threats and vulnerabilities within Federal
information systems; and''.
(b) Binding Operational Directive.--Not later than 1 year
after the date of the enactment of this section, the
Secretary of Homeland Security shall issue a binding
operational directive pursuant to subsection (b)(2) of
section 3553 of title 44, United States Code, to implement
paragraph (7) of section 3553(b) of title 44, United States
Code, as added by subsection (a).
AMENDMENT NO. 163 Offered by Ms. Haaland of New Mexico
At the end of subtitle G of title XII, add the following:
SEC. 12__. LIMITATION ON ASSISTANCE TO BRAZIL.
No Federal funds may be obligated or expended to provide
any United States security assistance or security cooperation
to the defense, security, or police forces of the Government
of Brazil to involuntarily relocate, including through
coercion or the use of force, the indigenous or Quilombola
communities in Brazil.
AMENDMENT NO. 164 Offered by Ms. Haaland of New Mexico
At the end of subtitle H of title V, insert the following:
SEC. 5__. PLAN TO IMPROVE RESPONSES TO PREGNANCY AND
CHILDBIRTH BY MEMBERS OF THE ARMED FORCES AND
EMPLOYEES OF THE DEPARTMENT OF DEFENSE.
(a) Plan Required.--The Secretary of Defense, in
coordination with the Secretaries of the military
departments, shall develop a plan to ensure that the career
of a covered individual is not unduly affected because of
being a covered individual. The plan shall address the
following policy considerations:
(1) Enforcement and implementation of the Pregnancy
Discrimination Act (Public Law 95-555; 42 U.S.C. 2000e(k)) by
the Department of Defense and the Equal Employment
Opportunity Commission with regards to civilian employees of
the Department of Defense.
(2) The need for individual determinations regarding the
ability of members of the
[[Page H3497]]
Armed Forces to serve during and after pregnancy.
(3) Responses to the effects specific to covered
individuals who reintegrate into home life after deployment.
(4) Pregnancy discrimination training, including
comprehensive education of new policies to diminish stigma,
stereotypes, and negative perceptions regarding covered
individuals, including with regards to commitment to the
Armed Forces and abilities.
(5) Opportunities to maintain readiness when positions are
unfilled due to pregnancy, medical conditions arising from
pregnancy or childbirth, pregnancy convalescence, or parental
leave.
(6) Reasonable accommodations for covered individuals in
general and specific accommodations based on career field or
military occupational specialty.
(7) Reissuing school enrollments or special assignments to
covered individuals.
(8) Extended assignments and performance reporting periods
for covered individuals.
(9) A mechanism by which covered individuals may report
harassment or discrimination, including retaliation, relating
to being a covered individual.
(b) Report on Plan.--Not later than 90 days after the date
of the enactment of this Act, the Secretary shall submit to
the congressional defense committees a report detailing the
plan required under this section and a strategy to implement
the plan.
(c) Implementation.--Not later than two years after the
date of the enactment of this Act, the Secretary of Defense
shall--
(1) complete implementation of the plan under this section;
and
(2) submit to the congressional defense committees a report
detailing the research performed, considerations, and policy
changes implemented under this section.
(d) Covered Individual Defined.--In this section, the term
``covered individual'' means a member of the Armed Forces or
employee of the Department of Defense who--
(1) is pregnant;
(2) gives birth to a child; or
(3) incurs a medical condition arising from pregnancy or
childbirth.
AMENDMENT NO. 165 Offered by Mr. Hagedorn of Minnesota
At the end of subtitle D of title VIII, add the following
new section:
SEC. 8__. PAST PERFORMANCE RATINGS OF CERTAIN SMALL BUSINESS
CONCERNS.
(a) Past Performance Ratings of Joint Ventures for Small
Business Concerns.--Section 15(e) of the Small Business Act
(15 U.S.C. 644(e)) is amended by adding at the end the
following:
``(5) Past performance ratings of joint ventures for small
business concerns.--With respect to evaluating an offer for a
prime contract made by a small business concern that
previously participated in a joint venture with another
business concern (whether or not such other business concern
was itself a small business concern), the Administrator shall
establish regulations--
``(A) requiring contracting officers to consider the record
of past performance of the joint venture when evaluating the
past performance of the small business concern; and
``(B) requiring the small business concern to inform the
contracting officer what duties and responsibilities the
small business concern carried out as part of the joint
venture.''.
(b) Past Performance Ratings of First-tier Small Business
Subcontractors.--Section 8(d)(17) of the Small Business Act
(15 U.S.C. 637(d)(17)) is amended to read as follows:
``(17) Past performance ratings for certain small business
subcontractors.--
``(A) In general.--Upon request by a small business concern
that performed as a first tier subcontractor on a covered
contract (as defined in paragraph 13(A)) that is submitting
an offer for a solicitation, the prime contractor for such
covered contract shall submit to the contracting agency
issuing the solicitation or to such small business concern a
record of past performance for such small business concern
with respect to such covered contract.
``(B) Consideration.--A contracting officer shall consider
the record of past performance of a small business concern
provided under subparagraph (A) when evaluating an offer for
a prime contract made by such small business concern.''.
(c) Rulemaking.--
(1) Small buisness administration.--Not later than the end
of the 120-day period beginning on the date of enactment of
this Act, the Administrator of the Small Business
Administration shall issue rules to carry out this section
and the amendments made by this section.
(2) Federal acquisition regulation.--Not later than the end
of the 120-day period beginning on the date that rules are
issued under paragraph (1), the Federal Acquisition
Regulation shall be revised to reflect such rules.
AMENDMENT NO. 166 Offered by Mr. Harder of California
At the end of subtitle D of title V, insert the following:
SEC. 5__. TERMINATION OF CONTRACTS FOR TELEPHONE,
MULTICHANNEL VIDEO PROGRAMMING, OR INTERNET
ACCESS SERVICE BY CERTAIN INDIVIDUALS UNDER
SERVICEMEMBERS CIVIL RELIEF ACT.
Section 305A(a) of the Servicemembers Civil Relief Act (50
U.S.C. 3956(a)) is amended by adding at the end the following
new paragraph:
``(4) Additional individuals covered.--For purposes of this
section, the following individuals shall be treated as a
servicemember covered by paragraph (1):
``(A) A spouse or dependent of a servicemember who dies
while in military service or a spouse or dependent of a
member of the reserve components who dies while performing
duty described in subparagraph (C).
``(B) A spouse or dependent of a servicemember who incurs a
catastrophic injury or illness (as that term is defined in
section 439(g) of title 37, United States Code), if the
servicemember incurs the catastrophic injury or illness while
performing duty described in subparagraph (C).
``(C) A member of the reserve components performing
military service or performing full-time National Guard duty,
active Guard and Reserve duty, or inactive-duty training (as
such terms are defined in section 101(d) of title 10, United
States Code).''.
AMENDMENT NO. 407 Offered by Mr. Crow of Colorado
Page 767, line 6, strike ``does not provide'' and insert
``is not a substitute for a final intra-Afghan agreement that
provides''.
Page 767, line 8, strike ``does not create'' and insert
``creates''.
Page 767, line 9, insert ``international'' after
``prevention of''.
Page 767, line 10, strike ``does not represent a
realistic'' and insert ``represents a durable''.
Page 767, line 14, strike ``timely'' and insert ``regular,
timely,''.
Page 768, line 21, insert ``international'' after ``new''.
Page 769, line 20, strike ``status of'' and insert
``ability of the Afghan government to uphold''.
Page 770, line 9, insert ``permanent'' before ``takeover''.
Page 770, beginning on line 13, strike ``terrorist
organizations, including each covered terrorist
organization'' and insert ``international terrorist
organizations that the intelligence community assess pose a
threat to the United States homeland and United States
interests abroad''.
Page 770, line 18, strike ``malign state actors'' and
insert ``Afghanistan's neighbors and near neighbors''.
Page 771, line 1, insert ``by the intelligence community''
after ``assessment''.
Page 772, beginning line 13, strike ``from Afghanistan to
Pakistan or Iran, or from Pakistan or Iran to Afghanistan''
and insert ``to Afghanistan from Pakistan, Iran, or
neighboring countries''.
Page 772, beginning line 22, strike ``as a result of the
February 29, 2020, agreement between the United States and
Taliban'' and insert ``since February 29, 2020''.
Page 776, after line 20, insert the following:
(C) the Director of the Central Intelligence Agency;
The SPEAKER pro tempore. Pursuant to House Resolution 1053, the
gentleman from Washington (Mr. Smith) and the gentleman from Texas (Mr.
Thornberry) each will control 15 minutes.
The Chair recognizes the gentleman from Washington.
Mr. SMITH of Washington. Madam Speaker, I am pleased to yield 1
minute to the gentlewoman from Minnesota (Ms. Craig).
Ms. CRAIG. Madam Speaker, I thank the chairman for yielding and
allowing me to speak on this en bloc amendment, which includes my
amendment to add $30 million to the Army Community Services account to
provide family assistance, victim advocacy, financial counseling,
employment readiness, and other similar support services. This program
is so important, and I am grateful the amendment was included.
I am also here to urge the inclusion of the Insulin Affordability
Data Collection Act in the final NDAA. Right now, Minnesotans are dying
because of the real-life impact of the cost of insulin and other
lifesaving prescription drugs.
Madam Speaker, I urge the inclusion of this bill, which is already
included in the Senate's version of NDAA. This issue will study the
rates of diabetic ketoacidosis, which took the life of Minnesotan Alec
Smith 2 years ago after the high cost of insulin forced him to ration
his doses.
Mr. THORNBERRY. Madam Speaker, I yield 1 minute to distinguished
gentleman from Illinois (Mr. Shimkus).
Mr. SHIMKUS. Madam Speaker, I oppose the Delgado amendment. Beware of
a wolf in sheep's clothing.
This is not a technical fix or a clarification of last year's NDAA.
There were no colloquies, report language, or public statements
rejecting TRI exemptions for PFAS in connection with last year's NDAA.
With zero hearings on this topic, this amendment would greatly
benefit from regular order to appreciate its impact, which would be
going through the Energy and Commerce Committee.
TRI contains several reporting exemptions, including de minimis
[[Page H3498]]
amount in chemical mixtures, when the chemical is in an article, and if
the chemical is a cleaning substance or used for research.
Madam Speaker, the Delgado amendment would strip these exemptions,
and I urge its rejection.
Mr. SMITH of Washington. Madam Speaker, I yield 1 minute to the
gentleman from California (Mr. Carbajal), who is a member of the Armed
Services Committee.
Mr. CARBAJAL. Madam Speaker, this important measure reauthorizes the
Coast Guard and adopts important safety reforms for small passenger
boats based on legislation I sponsored.
Last September, we tragically lost 34 lives when the Conception dive
boat caught on fire in the waters off Santa Cruz Island in my district.
This is one of the worst maritime disasters in recent history.
We have now learned that NTSB had previously made recommendations to
the Coast Guard to improve maritime safety operations. This amendment
would require implementation of some of those reforms to prevent
tragedies like this from happening again.
Madam Speaker, I am grateful to the Coast Guard and to local law
enforcement for their help with search and rescue and to Chair DeFazio
and Chair Maloney for their support on this issue, and I urge my
colleagues to support this amendment.
Mr. THORNBERRY. Madam Speaker, I yield 1 minute to the gentleman from
Kentucky (Mr. Massie).
Mr. MASSIE. Madam Speaker, I rise today in opposition to the Langevin
national cyber director amendment, which would expand an already
bloated administrative state by creating a new position within the
White House, basically, a resident lobbyist for big tech vendors and a
legion of 75 unaccountable career government bureaucrats. This new
department is like a self-licking ice cream cone, paid for by taxpayers
and accountable to virtually no one.
The President opposes this new position, as should anyone who
believes that laws should be written by elected Congressmen and carried
out by an elected President.
Madam Speaker, I urge a ``no'' vote on this amendment.
Mr. SMITH of Washington. Madam Speaker, I yield 1 minute to the
gentleman from New Jersey (Mr. Gottheimer).
Mr. GOTTHEIMER. Madam Speaker, I urge support of this package, which
contains four amendments I have introduced.
My first requires the Secretaries of Defense and State to investigate
the use of social media platforms by foreign terrorists and to report
to Congress on the homeland security threats posed by online
radicalization of violent extremists. Just last week, public reporting
detailed that Facebook accounts linked to ISIS are still on the
platform, letting them spread extremist content online.
My second amendment looks out for our brave National Guard members on
the front lines of COVID-19, including disaster-stricken long-term care
facilities like the State-run New Jersey veterans home at Paramus, by
providing 2 weeks of housing to quarantine safely before returning to
their families and communities.
My third amendment ensures that the Secretary of Defense publicly
reports lead and copper testing of drinking water at K-12 schools on
military bases, because parents and families deserve to know the facts.
Madam Speaker, to ensure we are standing up for military families, my
final amendment requires an annual report to Congress analyzing
nationwide costs of living for members of the Department of Defense,
particularly those in New Jersey who have been whacked by the gutting
of the SALT deduction.
Madam Speaker, I urge support for this bipartisan set of amendments.
Mr. THORNBERRY. Madam Speaker, I yield 1 minute to the distinguished
gentleman from Michigan (Mr. Bergman).
Mr. BERGMAN. Madam Speaker, I rise today in support of my amendment
included in this en bloc package.
My amendment would create a cyberattack exception to the Foreign
Sovereign Immunities Act to remove the immunity of foreign states--
including foreign officials, employees, or agents--with regard to money
damages sought by a national of the United States for personal injury,
harm to reputation, or damage to or loss of property resulting from
cyberattacks.
The Foreign Sovereign Immunities Act was passed in the seventies
before anyone could fathom what our technology capabilities would be
today, and under that law, if a foreign national commits a cyberattack
against a U.S. citizen, our citizen has no legal recourse here in the
U.S. to defend themselves.
With this blanket immunity, our adversaries in North Korea, Russia,
and China have a free hand to attack Americans from the comfort of
their own homes without consequence.
For decades, foreign governments have been using cyberattacks to
influence politics and policy in our country. Now, in the midst of the
coronavirus pandemic, we have this hacking activity ramp up against
U.S. medical institutions and vaccine development.
We can't sit back and do nothing. It is time for Congress to update
its laws to reflect modern technology and modern national security
threats.
{time} 1645
Mr. SMITH of Washington. Madam Speaker, I yield 1 minute to the
gentlewoman from New Mexico (Ms. Haaland), a member of the Committee on
Armed Services.
Ms. HAALAND. Madam Speaker, included in this en bloc are my
amendments to protect indigenous communities in Brazil and to remove
negative perceptions and stereotypes about pregnant military members
that lead to ill-treatment that disadvantage their careers and well-
being.
In the 1950s, my mother was forced from the Navy because she was
pregnant. Though times have changed, Active Duty mothers are
experiencing microaggressions and subtle forms of discrimination.
Madam Speaker, with this amendment, the DOD must develop and
implement policies to end pregnancy discrimination. This change is long
overdue and will allow women serving in my district and across the
country to have long, successful military careers.
Madam Speaker, I urge my colleagues to vote ``yes'' on this en bloc,
and I thank the chairman for his leadership and support.
Mr. THORNBERRY. Madam Speaker, I yield 1 minute to the distinguished
gentleman from Illinois (Mr. Bost).
Mr. BOST. Madam Speaker, I thank my colleague, Mr. Lamb, for joining
me as a coauthor of the legislation we have on the en bloc. I also
thank Chairman DeFazio and Ranking Member Graves for their support as
well.
Every year, 575 million tons of cargo travel through our inland ports
and waterways. That includes the Kaskaskia and America's Central Port
in southern Illinois.
Half a million American jobs depend on inland shipping. They are
vital parts of the transportation network and our Nation's ability to
compete globally.
Unfortunately, these small coastal ports and terminals have less
ability to compete for grants and capital to improve their efficiency
and compete against the large facilities. This puts them at a
disadvantage.
This amendment will help increase access to critical Federal funding
for small coastal and inland ports and terminals. Improving these
facilities will not only have a big impact on the economy, but it will
also help local farmers, miners, and manufacturers be more competitive.
Madam Speaker, I urge my colleagues to support this amendment.
Mr. SMITH of Washington. Madam Speaker, I yield 1 minute to the
gentleman from New Jersey (Mr. Malinowski).
Mr. MALINOWSKI. Madam Speaker, I rise today in support of amendment
122 offered by Mr. Deutch of Florida, which adds the Robert Levinson
Hostage Recovery and Hostage-Taking Accountability Act.
Madam Speaker, this amendment is named for Bob Levinson, the longest
held American hostage. I have the honor of representing one of Bob's
daughters in Congress.
He was a 25-year FBI veteran who disappeared from Iran on March 9,
2007. Time and again, the Levinsons watched as other Americans came
home from Iran, and Bob was left behind.
After 13 years, his family learned this March that a determination
was made
[[Page H3499]]
that he was no longer alive. It was a heart-wrenching moment for them
and for everyone who had worked on their behalf.
The amendment before us today will ensure that families receive the
support they need, that the U.S. Government will have a coordinated and
coherent hostage policy, and that the position of Special Envoy for
Hostage Affairs will be permanently codified in law, and it authorizes
sanctions against those who engage in hostage-taking.
Madam Speaker, I thank the many bipartisan cosponsors of this
amendment for recognizing that we have no higher national security
responsibility than the protection of Americans.
Mr. THORNBERRY. Madam Speaker, I yield 1 minute to the distinguished
gentleman from Ohio (Mr. Gonzalez).
Mr. GONZALEZ of Ohio. Madam Speaker, I rise today in support of my
amendment No. 151 that is included in this en bloc amendment.
This amendment is based on my bipartisan bill, H.R. 5051, the
Accountability for World Bank Loans to China Act that I introduced with
my colleague, Mr. Heck.
In recent decades, China has worked to take advantage of
international institutions like the World Bank, often in opposition to
U.S. interests.
Today, China is one of the largest economies in the world and is also
one of the largest creditors to developing nations. Despite that, China
still receives funding under the World Bank IBRD program, even though
China has exceeded IBRD's gross national income threshold for
graduation from the program.
In other words, the United States' contributions to the World Bank
help finance Chinese infrastructure projects, including in Zhejiang.
This has to stop.
This amendment would require the U.S. director at the IBRD to pursue
the graduation of China and, until China graduates, prioritize projects
in China that contribute to the global public good.
Additionally, this amendment requires the Treasury Department to
report to Congress on the level of indebtedness of countries receiving
assistance through the Belt and Road Initiative that are also
beneficiaries of international financial institutions.
Mr. SMITH of Washington. Madam Speaker, I yield 1 minute to the
gentlewoman from New York (Mrs. Carolyn B. Maloney).
Mrs. CAROLYN B. MALONEY of New York. Madam Speaker, I rise today in
support of this amendment, which contains my bill to crack down on
terrorism financing and the illicit use of anonymous shell companies,
called the Corporate Transparency Act.
This is one of the most pressing national security problems we face
in our country because anonymous shell companies are the vehicles of
choice for money launderers, criminals, and terrorists. Unfortunately,
the United States is the world's capital of anonymous shell companies.
Madam Speaker, my bill would correct this by requiring companies to
disclose their true beneficial owners to the Financial Crimes
Enforcement Network, or FinCEN. This information would only be
available to law enforcement and financial institutions so they can
comply with know-your-customer rules that were strengthened after 9/11.
Madam Speaker, I have been working on this bill for over 10 years,
and it would plug a huge hole in our national security defense. It
would also be the single most important anticorruption reform in
decades.
Madam Speaker, I thank Chairwoman Waters for her steadfast support,
as well as Congressman Cleaver and my Republican partners, Congressmen
King and Blaine Luetkemeyer.
Madam Speaker, I urge a ``yes'' vote.
Mr. THORNBERRY. Madam Speaker, I yield 1 minute to the distinguished
gentleman from Florida (Mr. Bilirakis).
Mr. BILIRAKIS. Madam Speaker, I thank the ranking member for yielding
me the time.
Madam Speaker, I rise in favor of my amendment, which is included in
the en bloc package.
My amendment builds upon the successes of the East Med Act, signed
into law last year, by taking steps to increase the United States
rotational deployments to Greece and diplomatic ties with Greece,
Cyprus, and Israel--the trilateral agreement.
In an increasingly unstable region, and with Turkey making a decisive
turn from the West, the United States needs to focus on strengthening
our bonds with our reliable allies in the region. This amendment sends
a strong message of deterrence to Turkey as it attempts to undermine
the sovereignty of our friends in the Eastern Mediterranean.
Madam Speaker, I urge passage of this amendment.
Mr. SMITH of Washington. Madam Speaker, I yield 1 minute to the
gentleman from South Carolina (Mr. Cunningham).
Mr. CUNNINGHAM. Madam Speaker, I rise in support of Representative
Palazzo's and my bipartisan amendment, which would ensure that the
National Guard servicemembers aiding in our response to COVID-19 have
the care that they have earned when they return home.
Under current law, National Guard soldiers and airmen on Federal
orders are entitled to 6 months of transitional health coverage after
they are demobilized. However, the servicemembers activated in response
to the coronavirus are not eligible.
This amendment, which is identical to my bill, the Support Our
National Guard Act, would expand this important benefit to the over
45,000 National Guard servicemembers serving on the front lines of this
pandemic. These brave men and women are sacrificing to ensure our
Nation overcomes this unprecedented crisis, and they deserve our
unconditional support.
Madam Speaker, I urge my colleagues to join me in honoring our
obligation to our National Guard and vote in support of this amendment.
Mr. THORNBERRY. Madam Speaker, I yield 1 minute to the distinguished
gentleman from Arizona (Mr. Gosar).
Mr. GOSAR. Madam Speaker, I rise today in support of my amendment,
floor amendment No. 154 of the NDAA.
Currently, the United States relies on China for 20 different
critical minerals, which includes several rare earth materials defined
by the Department of Defense.
Rare earth materials are used in numerous modern technologies,
including missile guidance, control systems, lasers for enemy mine
detection, satellite communications, radar, and sonar on submarines, to
name a few. Any interruption of rare earth exports from China would
drastically impact defense manufacturing, American economic growth, and
overall combat readiness.
Madam Speaker, as a producer of nearly 80 percent of the world's rare
earth materials, China wields considerable leverage against our country
and its allies and did so with Japan earlier. My amendment would direct
the Under Secretary of Defense for Acquisition and Sustainment to issue
guidance that ensures the elimination of the United States dependency
on rare earth materials from China by fiscal year 2035.
This very same amendment was made in order last year and passed by
voice; however, it was not included in the final conference report.
Madam Speaker, I strongly urge adoption of my amendment.
Madam Speaker, I include in the Record an article from Department of
Energy Secretary Dan Brouillette.
[From the Hill, July 20, 2020]
A Safe, Prosperous Nation Requires Secure Supply Chains
(By Dan Brouillette)
The coronavirus pandemic opened Americans' eyes to the
vulnerability of our supply chains and our over-reliance on
critical goods from foreign nations. Many people suddenly
realized, at the height of the pandemic, that the important
medical products we urgently needed--like masks and
ventilators--were coming from abroad.
And it is not just medical products. We are dependent on
countries that are not reliable trading partners for
automotive parts, electronics, pharmaceuticals, and even
naturally occurring materials like uranium and critical
minerals.
The United States must take strong action to secure our
most critical supply chains, and, predominantly through
research and development, the Department of Energy (DOE) is
playing an important role in the Trump administration's
efforts to do just that. Three areas of recent focus, in
which DOE is striving to reduce import reliance, are critical
minerals, uranium, and critical infrastructure components.
Critical minerals, including rare earth elements (REEs),
are used in electronic products like smart phones, computer
and TV
[[Page H3500]]
screens, and LED lights. But they are also needed to build
important defense systems like aircraft and guidance systems,
make batteries, and refine crude oil. Currently, the United
States imports more than half of the annual consumption of
nearly all critical minerals, and we rely on China for 80
percent of REEs. Our lack of domestic supply for these
minerals is an economic security threat we must take
seriously.
DOE is developing solutions to our critical mineral
challenges by finding ways to diversify supply, develop
substitutes, and drive recycling and reuse of critical
minerals and REEs. One promising project will test the
economic viability of extracting these minerals from our coal
reserves in Appalachia and the western basins. Our research
shows that there may be as much as 10 million tons of
critical minerals in these reserves. Another effort underway
involves using a highly absorbent material to capture
lithium--a key component in batteries--from the working fluid
used in geothermal power production. And there are numerous
other ongoing projects which we believe in time will greatly
reduce America's reliance on foreign-sourced critical
minerals and REEs.
After decades of neglect, the U.S. commercial nuclear
sector is at risk of insolvency. Meanwhile, other nations,
notably Russia and China, are moving to advance their nuclear
capabilities and export their technology to gain increased
geopolitical influence. If we are to regain our place as a
world leader in nuclear technology, we must start at the
beginning of the nuclear fuel cycle and start mining and
converting uranium on a wide scale again.
The element uranium not only fuels 95 civilian reactors,
providing about 20 percent of U.S. electricity each year, it
powers the U.S. Navy's fleet of nuclear submarines and
aircraft carriers. Despite its importance, the United States
currently relies on imports for 90 percent of its uranium.
Our lack of a significant domestic uranium supply chain
threatens energy reliability and national security.
To reverse this trend and reinvigorate the entire nuclear
energy industry, DOE recently unveiled the Nuclear Fuel
Working Group's ambitious ``Strategy to Restore American
Nuclear Energy.'' An important component of the working
group's strategy is boosting domestic uranium mining and
conversion. To that end, the working group recommended, and
the president's 2021 budget included, funding to establish a
domestic uranium reserve. Like the Strategic Petroleum
Reserve, the domestic uranium reserve will boost the domestic
uranium mining industry, support strategic nuclear fuel cycle
capabilities, and provide critical assurance of uranium
availability in the event of a market disruption.
Finally, we must secure our Nation's Bulk Power System
(BPS) supply chain from the threat of foreign interference.
The BPS includes power substations that transmit electricity
to the distribution system before it reaches homes and
businesses, and the automated industrial control systems that
are used in water treatment facilities and manufacturing
operations. Our BPS may be vulnerable to malicious advanced
cyberattacks by countries like Russia, Iran, and China,
threatening the backbone of our nation's electric power grid.
To meet the challenge, President Trump recently signed an
executive order directing DOE to lead an interagency effort
aimed at eliminating vulnerabilities within the existing
system and developing policies to keep it safe for years to
come. The first important action we will take is to prohibit
future use of BPS equipment from any country or individual
deemed a foreign adversary by our national security experts,
the failure of which would pose a risk to the safety of
Americans. The department will also review federal energy
infrastructure procurement to ensure that safeguarding
national security is at the foundation of our policies.
A safe, prosperous nation requires secure supply chains.
The Department of Energy is leading the way in protecting our
economic and national security by advancing the Trump
administration's policies to produce more critical minerals
and REEs, uranium supplies, and BPS components within the
United States' borders.
Mr. SMITH of Washington. Madam Speaker, I yield 1 minute to the
gentlewoman from California (Ms. Matsui).
Ms. MATSUI. Madam Speaker, I rise today in support of this en bloc
motion that contains a bipartisan amendment that I led with
Representatives McCaul, Eshoo, Stefanik, Stevens, Joyce, and Katko to
help reinforce U.S. technological leadership.
As the global economy becomes more interconnected, it is essential
that the United States maintains the ability to produce the hardware
that our high-tech economy depends on.
Semiconductors are fundamental components of our phones, medical
devices, and the future of our quantum computing. This amendment
authorizes $1.2 billion for research and development that allows our
domestic industry to continue to innovate and thrive.
Madam Speaker, I thank Representative McCaul for working with me on
this amendment and our CHIPS Act, and I urge my colleagues to support
this motion.
Mr. THORNBERRY. Madam Speaker, I yield 1 minute to the distinguished
gentleman from Colorado (Mr. Buck).
Mr. BUCK. Madam Speaker, I rise today in support of amendment No. 58
to the National Defense Authorization Act and to alert America to a
serious national security threat.
The Chinese Communist Party is using TikTok to collect massive
amounts of data from American citizens and our government that could be
used in a cyberattack against our Republic.
We must take action to protect our Nation and stop the Chinese
Communist Party's efforts to undermine our national security. That
starts by passing my commonsense amendment to ban TikTok on all
government-issued technology devices. The clock is ticking.
Madam Speaker, I urge adoption of the amendment.
Mr. SMITH of Washington. Madam Speaker, I reserve the balance of my
time.
Mr. THORNBERRY. Madam Speaker, I have no further requests for this en
bloc package. I urge its support, and I yield back the balance of my
time.
Mr. SMITH of Washington. Madam Speaker, I yield myself such time as I
may consume.
Madam Speaker, I encourage my colleagues to support the en bloc
package, as well as the NDAA upon final passage, and I yield back the
balance of my time.
Mr. CARSON of Indiana. Madam Speaker, I rise today in support of the
National Defense Authorization Act (NODA) and my amendment which
authorizes five million dollars for a pancreatic cancer early detection
initiative (EDI) at the Department of Defense (DoD). Pancreatic cancer
has the lowest survival rate of all major cancers--in large part due to
lack of research in early detection. I believe we all agree that the
patients, families, friends, and loved ones suffering from this disease
deserve greater support.
My amendment will provide critical funding needed for more research
and an early detection initiative (EDI) under the Congressionally
Directed Medical Research Programs (CDMRP) at DoD. I am pleased that
the Appropriations Defense Subcommittee has already appropriated ten
million dollars for general pancreatic cancer research funding in this
year's funding legislation. This is an increase of four million dollars
from the previous year, and I am thankful to the Defense Subcommittee,
especially Chairman Visclosky, for their leadership on this issue.
While encouraging, this general research increase is not enough to
close the gap in early detection of pancreatic cancer. We should do
more, especially now.
On Friday, this issue hit painfully close to home as America lost a
giant to pancreatic cancer. Rep. John Lewis, our civil rights hero and
Conscience of the Congress, passed away from pancreatic cancer only
seven months after receiving his diagnosis. My amendment is inspired by
Rep. Lewis' courageous fight against pancreatic cancer. It is
unacceptable that, despite being the third leading cause of cancer-
related death in our country, pancreatic cancer still does not have a
dedicated early detection initiative. Rep. Lewis' short battle against
pancreatic cancer is, sadly, often the norm for patients. In fact, the
lack of research in ways to detect pancreatic cancer early has led to
devastating consequences: sixty-six percent of patients live less than
one year following their diagnosis. I am also inspired by my friend and
colleague, Rep. Alcee Hastings, who is fighting pancreatic cancer.
If diagnosed early, the five-year survival rate for pancreatic cancer
patients is above eighty percent. However, if pancreatic cancer is
detected late, the five-year survival rate drops to less than five
percent. By failing to support our nation's researchers with the means
to find new ways to detect pancreatic cancer early, we are leaving
America's pancreatic cancer patients with few ways to detect this
disease in time to extend the quality and duration of their lives. Rep.
Lewis' struggle against this horrific disease should serve as a
sobering reminder of the human cost of failing to support early
detection for pancreatic cancer.
It's important to note that persistent health care inequities and
disparities for communities of color compound the devastation of
pancreatic cancer and the effects of lack of early detection research.
Unfortunately, Blacks are more likely than their fellow Americans to
get pancreatic cancer. In fact, the incidence rate for pancreatic
cancer among Black Americans is twenty percent higher than any other
racial demographic. This disease is more deadly for us: the pancreatic
cancer death rate is seventeen percent higher for Black men than White
men. Significant evidence demonstrates that these disproportionate
levels of pancreatic
[[Page H3501]]
cancer are in large part rooted in disparities in health care and
access to tests and diagnostics. As a result, the lack of pancreatic
cancer early detection research accelerates the racial unfairness in
our health care system, with devastating consequences for minorities.
At a time when our country is having a national conversation about
the deep disparities in access to health care for Black and Brown
people during a global pandemic, Congress must do everything within our
power to improve health outcomes through research and treatment.
Providing dedicated funding for early detection research at DoD will
help fill a critical gap in our pancreatic cancer research and will
help address the pancreatic cancer disparities for communities of
color.
I urge the House to support this amendment.
Mr. CONNOLLY. Madam Speaker, I rise today to offer an amendment to
the FY2021 National Defense Authorization Act that would permanently
authorize the teleworking program of the U.S. Patent and Trademark
Office.
Since its launch, the program has significantly expanded the agency's
teleworking capacity, while saving millions of taxpayer dollars.
In fiscal 2019 alone, the telework program generated over $123
million in savings, including avoided real estate costs and increased
productivity, which generated $52 million and $49 million in savings,
respectively.
The current coronavirus pandemic has solidified the need to invest in
and support telework opportunities for federal agencies.
This amendment would enable thousands of federal employees to
continue using this program and USPTO to continue saving millions of
taxpayer dollars.
I thank my colleague Mr. Hice who was a co-sponsor with me on this
provision.
Ms. ESHOO. Madam Speaker, I rise in support of several important
provisions in H.R. 6395, the William M. (Mac) Thornberry National
Defense Authorization Act/or Fiscal Year 2021 (NOAA) that I authored or
cosponsored, as well as amendments to the bill. This legislation will
ensure our country retains its leadership in artificial intelligence
(Al), cybersecurity, and semiconductor manufacturing.
NDAA includes several smart provisions authorizing investments in Al
research and development (R&D). The Global Al Index, which quantifies
the Al arms race among nations, finds that the U.S. is ahead of China
today but ``experts predict China will overtake the U.S. in just five
to 10 years.'' Section 5107 of the NDAA includes my bipartisan and
bicameral legislation, H.R. 7096, the National Al Research Resource
Task Force Act, which establishes a task force of experts from
government, academia, and companies (large and small) to develop a
roadmap for a national AI research cloud to make available high-powered
computing, large data sets, and educational resources necessary for AI
research. The national Al research cloud expands access so that
American universities and companies can participate in AI R&D.
My legislation is supported by Chairman Eric Schmidt and Vice
Chairman Bob Work of the National Security Commission on Al; 12 leading
public and private research universities, including Stanford, UCLA,
Princeton, and Ohio State; research and tech nonprofits Mozilla, Open
AI, and the Allen Institute for Al; standards body IEEE-USA; leading
technology companies, including Google, Amazon, Microsoft, Oracle, and
IBM; and startups, including Calypso AI and Scale AI. I thank
Representatives Anthony Gonzalez and Mikie Sherrill; Senators Portman
and Heinrich; and the House Committees on Science and Armed Services
for their partnership in advancing this highly important legislation.
I'm proud to be a cosponsor of H.R. 6216, the National Artificial
Intelligence Initiative Act, comprehensive and bipartisan legislation
which establishes an initiative to accelerate and coordinate
investments and partnerships in Al research, standards, and education.
This legislation appears as division E of the base text of NDAA, and it
is a major investment in our country's future that will pay dividends
for decades to come.
The House will consider two Al-related amendments I authored that
expand reporting requirements for the Joint Artificial Intelligence
Center (JAIC) of the Department of Defense. Amendment No. 131 requires
the JAIC to report to Congress on its contribution to the development
of AI standards in multi-stakeholder bodies. The U.S. must lead
international and multi-stakeholder standards bodies to ensure our
democratic and liberal values guide the evolution of AI. Amendment No.
132, which I offer with Congressman Gonzalez, requires the JAIC to
report on the assignments servicemembers receive after they complete
their duty with the JAIC. We need to ensure AI experience is recognized
and celebrated in the armed services.
I'm proud to cosponsor Amendment No. 24, offered by my good friend
Rep. Matsui, based on her bipartisan legislation with Rep. McCaul, the
CHIPS/or America Act. The amendment will restore American leadership in
semiconductor manufacturing by increasing incentives to enable advanced
R&D, which will bolster our country's national security and economic
competitiveness. I thank Reps. Matsui and McCaul for including, at my
request, a provision ensuring that small businesses are given
preference for grants authorized by the legislation, in subsection
(b)(2)(C)(ii)(III) of the Semiconductor Incentive Grants section.
Finally, I'm pleased to cosponsor Amendment No. 15, which creates the
role of the National Cyber Director within the Executive Office of the
President, based on Rep. Langevin's bipartisan legislation, the
National Cyber Director Act. Cybersecurity is critically important for
our national security and economy, and we need a senior official at the
highest level of the Executive Branch to coordinate how the federal
government and military are investing to mitigate cyberattacks and
respond to disruptions in government and the private sector.
I urge my colleagues to support Amendments No. 131, No. 132, No. 24,
and No. 15.
Mr. CONNOLLY. Madam Speaker, I rise today to offer an amendment to
the FY2021 National Defense Authorization Act which would reform and
codify the Federal Risk and Authorization Management Program (FedRAMP).
This amendment mirrors the bipartisan, House-passed, FedRAMP
Authorization Act (H.R. 3941), which I coauthored with current White
House Chief of Staff Mark Meadows.
FedRAMP standardizes security requirements for the authorization and
ongoing cybersecurity assessments of cloud services for information
systems across the federal government to help agencies more quickly
adopt cloud technologies.
The FedRAMP Authorization Act helps reduce duplication of security
assessments and other obstacles to agency adoption of cloud products by
establishing a ``presumption of adequacy'' for cloud technologies that
have received FedRAMP certification.
This presumption of adequacy means that the cloud service offering
has met baseline security standards established by the program and
should be considered approved for use across the federal government.
The bill would also facilitate agency reuse of cloud technologies
that have already received an authorization-to-operate by requiring
agencies to check a centralized and secure repository and, to the
extent practicable, reuse any existing security assessment before
conducting their own.
The bill requires that GSA work toward automating their processes,
which will lead to more standard security assessments and continuous
monitoring of cloud offerings, and increase the efficiency for
providers and agencies.
The bill establishes a Federal Secure Cloud Advisory Committee to
ensure dialogue among GSA, agency cybersecurity and procurement
officials, and industry for effective and ongoing coordination in
acquisition and adoption of cloud products by the federal government.
Finally, the bill authorizes the program at $20 million annually,
providing sufficient resources to increase the number of secure cloud
technologies available for agency adoption.
We have worked with the Office of Management and Budget, GSA,
industry stakeholders, and our minority counterparts to ensure that the
bill makes needed improvements in the FedRAMP program and gives the
program flexibility to grow and adopt to future changes in cloud
technologies .
In 2019, 13 agencies reported to GAO that they achieved at least $291
billion in savings from increasing their investments in cloud
technologies. I hope we can continue to advance the bipartisan Fed RAMP
Authorization Act to reform and codify a vital program many agencies
rely upon to provide secure cloud computing solutions, a fundamental
component of many IT modernization efforts.
Mr. CONNOLLY. Madam Speaker, I rise today to offer an amendment to
the FY2021 National Defense Authorization Act that would clarify that
both subcontractors and subgrantees who provide protected disclosures
of federal waste, fraud, and abuse are protected from retaliation.
This provision closes a loophole in federal whistleblower protection
laws.
The amendment is particularly important for agencies that engage in
significant grant activities, like the Department of Education, which
provides grants to state-level agencies who then provide subgrants to
local governments.
Sometimes it's teachers and school administrators who are in the best
position to tell federal leaders where and how federal dollars are
misspent.
This language ensures that those with information on the waste,
fraud, or abuse of federal funding report it--and that those who are
[[Page H3502]]
brave enough to report such wrongdoing are protected from retaliation.
I thank my colleague Rep. Brian Fitzpatrick for cosponsoring this
amendment.
Mr. CONNOLLY. Madam Speaker, I rise today to offer an amendment to
the FY2021 National Defense Authorization Act which would reaffirm the
United States' commitment to promoting global health security.
This amendment is nearly identical to the text of the bipartisan
Global Health Security Act (H.R. 2166), which passed the House Foreign
Affairs Committee unanimously and was included in the House-passed
HEROES Act (H.R. 6800).
At a time when decisive leadership and robust federal coordination is
sorely needed to combat the global COVID-19 pandemic, this amendment
would reestablish the government-wide lead for pandemic response by
creating a U.S. Coordinator for Global Health Security that should be
located at the National Security Council.
The amendment establishes an Interagency Review Council charged with
implementing U.S. commitments under the Global Health Security Agenda
and sets important metrics for global health security planning.
The amendment also requires a global health security strategy that
helps other countries strengthen their health care systems and detect
and mitigate outbreaks early.
I want to thank my colleagues: Steve Chabot, Rick Larsen, Brian
Fitzpatrick, Ami Bera, and Ann Wagner for cosponsoring this amendment
with me.
Mr. CONNOLLY. Madam Speaker, I rise today to offer an amendment to
the FY2021 National Defense Authorization Act which would ensure that
no U.S. servicemember with a felony-level domestic violence conviction
is able to legally purchase firearms.
This simple, bipartisan amendment would codify existing Department of
Defense policy which requires DOD to report to the National Instant
Criminal Background Check System (NICS) servicemembers who are
prohibited from purchasing firearms.
The DOD Inspector General found that DOD has failed consistently to
report domestic violence convictions--4 in 5 domestic violence cases
examined (86 percent) were not properly reported to the FBI or NICS.
One of the domestic abusers the DOD failed to report to the FBI was
Devin Kelley, who entered a house of worship in Sutherland Springs, TX
in November 2017, and killed 27 people with the guns he should have
been prohibited from purchasing under current law.
Codifying this reporting requirement gives it more teeth and will
help Congress in its oversight of these important public safety
measures that DOD is failing to implement.
I want to thank my colleagues, Peter King, Mike Turner, and Jennifer
Wexton, for cosponsoring this amendment with me.
Mr. McHENRY. Madam Speaker, I rise in opposition to the gentlewoman
from New York's amendment.
The amendment being considered today is a new small business mandate
on the smallest businesses in America. It will require some of the
smallest businesses in this country, those with fewer than 20 employees
and those with less than $5 million in receipts, to file annually a
list of all of their owners with the Financial Crimes Enforcement
Network, or FinCEN.
But who or what is FinCEN? I bet most of America has never heard of
FinCEN, let alone those in the House office buildings.
It is a little-known agency here in Washington that deals with
financial crimes, in the Treasury Department.
Now, imagine you are a small business owner. You are getting a notice
from the Financial Crimes Enforcement Network mandating that you
disclose the owners of your entity. This would be the first consumer-
facing intelligence bureau that we would have in the Federal
Government.
This amendment would require small business owners and small business
investors to submit their personal information to a new Federal
database without adequate privacy protections. This new Federal
database will be accessible to law enforcement without a warrant and
without a subpoena, a disturbing violation of due process, in my view.
This new Federal database has the fewest civil liberties protections
of any Federal intelligence bureau database. It is a lower standard of
accountability than what Congress provides in the PATRIOT Act, which
largely targets foreign actors.
In addition, according to the National Federation of Independent
Business, this amendment would also add more than $5.7 billion in new
regulatory costs for America's small businesses. At a time when small
businesses are struggling to stay afloat, this amendment would only add
to America's small business burdens.
Supporters of the amendment are calling for these changes without any
direct evidence to justify the mandate. There is plenty of anecdote,
but no data.
In the months leading up to the House's consideration of this bill
last October, I sought data from the intelligence bureau called FinCEN
and from the Treasury Department, along with the Department of Justice,
to better understand the need for this legislation. They provided none.
They gave anecdotes of very scary stories to try to compel me as a
legislator to vote for what is a very specific threshold in law and a
very specific new small business mandate.
I refused then to legislate based off of anecdotes. I refuse now to
legislate off of anecdotes. I would like to have hard data. My
questions have not been answered by FinCEN, the Treasury Department, or
the Department of Justice.
We have no information on how beneficial ownership information will
be protected. We do not have information on how the privacy of small
businesses will be preserved.
We don't have information on how many law enforcement agencies will
have access to the database, how many financial institutions will have
access to the database, or what threshold for amount of sales and the
number of employees will yield the most effective outcome.
Like H.R. 2513, this amendment has a threshold of $5 million of
revenue and under, and 20 employees and under. We have no data to
understand whether this is the right threshold for either the dollar
amount or the number of employees.
We will have stories, and we will have Members come to the House
floor telling us stories of bad actors, but that is anecdote. That is
not data to provide for this threshold. If we are going to have such an
encroachment on America's personally identifiable information of small
businesses across this country, shouldn't we have solid data? I believe
so.
I believe we have a number of issues that need to be dealt with to
make this amendment sustainable and provide protections for civil
liberties.
I believe that combating illicit finance is a nonpartisan issue that
all Members want to address. Yet, our actions must be thoughtful and
data-driven.
A strong example of this is H.R. 2514, the COUNTER Act, which is
included in this amendment. In committee, we came together in support
of H.R. 2514, which was introduced by the gentleman from Missouri (Mr.
Cleaver) and the gentleman from Ohio (Mr. Stivers).
H.R. 2514 is a compilation of bipartisan policies that modernize and
reform the Bank Secrecy Act and anti-money laundering regimes. It
balances security and privacy. It was a strong bipartisan bill. It
provides the Treasury Department and other Federal agencies with the
resources they need to help catch bad actors.
It's disappointing though that Democrats chose to combine these two
bills for the sole purpose of driving up votes for their new mandate
impacting millions of small businesses and jeopardizing civil
liberties.
I would be remiss if I did not thank my colleagues on the other side
of the aisle for listening to some of our concerns on the Republican
side of the aisle. We will have some Republican Members who vote for
this amendment. I, however, will not.
The encroachment on the question of civil liberties, the lack of
separation of powers, the lack of the use of a subpoena, and the lack
of regulatory relief for those who are collecting this data, both in
terms of small businesses and financial institutions, has not been
fixed nor dealt with in this amendment.
In particular, prior to floor consideration of H.R. 2513 last
October, I filed an amendment with the Rules Committee that would
provide greater certainty for small businesses and for community banks
by repealing the customer due diligence rule. The CDD rule requires
financial institutions to collect similar data that is being required
in this bill. Moreover, the Republican motion to recommit offered to
H.R. 2513 would have required law enforcement to obtain a subpoena.
Both attempts to strengthen the bill at the time were rejected.
The amendment that we are considering today to H.R. 6395 contains the
same flaws as H.R. 2513.
To that end, I believe these issues still merit a more thoughtful
solution that doesn't treat legitimate small businesses as collateral
damage, like the bill and this amendment does.
I will continue trying to work with the amendment's sponsor to fix
these issues.
Until then, I am opposed to this amendment.
The SPEAKER pro tempore. All time for debate has expired.
Pursuant to House Resolution 1053, the previous question is ordered
on the amendments en bloc offered by the gentleman from Washington (Mr.
Smith).
The question is on the amendments en bloc offered by the gentleman
from Washington (Mr. Smith).
The question was taken; and the Speaker pro tempore announced that
the ayes appeared to have it.
Mr. MASSIE. Madam Speaker, on that I demand the yeas and nays.
[[Page H3503]]
The SPEAKER pro tempore. Pursuant to section 3 of House Resolution
965, the yeas and nays are ordered.
Pursuant to clause 8 of rule XX, further proceedings on this question
are postponed.
Pursuant to clause 1(c) of rule XIX, further consideration of H.R.
6395 is postponed.
____________________